Resolved complaints

Showing items 61 to 80 of 626
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region
COMESA
EAC
SADC
Status Actions
NTB-000-774 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of paper sacks manufactured in Kenya and exported into Uganda  
Resolution status note: During the SCTIFI meeting held on 16 November 2018, Uganda reported that the NTB was resolved for Companies that are not under Duty remission.  
NTB-000-773 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya Resolved
2019-05-03
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Complaint: Lack of preferential treatment of packaging materials for beverages i.e. juice, milk etc manufactured in Kenya when exported into Uganda.  
Resolution status note: Kenya informed the 27th Regional Monitoring Committee meeting on 3rd May 2019 that Uganda is now recognising the packaging materials from Kenya.

The NTB was resolved.
 
NTB-000-772 1.14. Lack of coordination between government institutions
Policy/Regulatory
2017-05-05 Tanzania: Ministry of Works, Transport & Communication Kenya Resolved
2018-01-17
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Complaint: Tanzania are charging railway development levy (RDL) to Kenya products. Tanzania is not adhering to the EAC law where it states clearly that products within the EAC should not be subjected to RDL
 
Resolution status note: During the Bilateral meeting that took place in January 2018, the Permanent/ principal Secretaries took note that Tanzania does not levy RDL on products originating in the EAC region. And hence the NTB was Resolved.  
NTB-000-770 7.4. Costly procedures 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance.
 
Resolution status note: During SCTIFI meeting held on 16 November 2018, Tanzania reported that since the commencement of the SCT, goods are not verified at the border and hence there are no more delays. NTB was therefore resolved  
NTB-000-767 7.4. Costly procedures 2017-05-05 Tanzania: Tanzania Food and Drugs Authority Kenya Resolved
2019-04-30
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Complaint: TFDA delays issuance of registration certificate causing Kenyan companies to lose out on trade. The finalization of the accepted label can take between 3-12 months. This additionally increase the cost of doing business as a manufacturer would have to pay certification fees more than three times to have one label approved due to the deadlines imposed in terms of getting labels approved. Kenya products have been stranded at the borders or manufacturers warehouse because they have not passed TFDA requirements.  
Resolution status note: Tanzania informed the Regional Monitoring Committee meeting on 3rd May 2019, that TFDA had reduced the certification period from 3- 12 months to 45 days as per international requirements. She observed that most delays were caused by late submission of required information by agents at the time of processing the registration and therefore urged Partner States to respond to queries logged on them on time , to avoid unnecessary delays.  
NTB-000-766 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Food and Drugs Authority Kenya Resolved
2019-04-27
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Complaint: Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products.  
Resolution status note: During the bilateral Meeting held from 23- 27 April 2019, Tanzania reported that what is required is not the formula but the ingridients/composition contained in the product and it is an international requirement. Tanzania was of the view that the NTB should tabled during the meeting of the Standards committee where food and drugs experts are members.
However, the Meeting agreed that this NTB is resolved.
 
NTB-000-764 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Bureau of Standards Kenya Resolved
2018-02-09
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Complaint:
Tanzania does not recognize quality marks issued by Kenya authorities despite the fact that Partner States are implementing harmonized regional standards. Tanzania expects all products imported into that country to meet Tanzania standards.
 
Resolution status note: During the Extra Orinally SCTIFI that sat in February, 2018, Tanzania reported that they recognise quality marks on products from other EAC Partner States. Hence this NTB is resolved.  
NTB-000-763 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya Resolved
2019-01-14
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Complaint: Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda.  
Resolution status note: The Secretariat reported that the SCTIFI meeting was informed that Uganda provides preferential treatment. The matter is therefore resolved  
NTB-000-762 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania  
Resolution status note: During SCTIFI meeting held on 16 November 2018, Kenya reported that stay of application ended on 30th June, 2018 and there was no extension for the same. The NTB was therefore resolved.  
NTB-000-761 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Uganda  
Resolution status note: The SCTIFI meeting held on 16 November 2018 was informed that the stay of application on textile and apparels expired on 30th June 2018 and was not renewed

The NTB was resolved by the Committee on Customs (CoC) .
 
NTB-000-758 6.5. Variable levies
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Tanzania Revenue Authority imposes a Weights and measures levy at 2% of the customs value for every export. The levy is not being picked on the customs entries as is the norm but on a different collection sheet raising questions on authenticity of the levy.  
Resolution status note: During the SCTIFI meeting held on 16 November 2018, Tanzania reported that this is a weight and measures levy that is paid by all including Tanzania exporters and hence it is not an NTB. The Meeting recommended that the levy should be harmonised across EAC Partner States.  
NTB-000-757 2.8. Lengthy and costly customs clearance procedures 2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-05-12
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Complaint: Long lead time to confirm paid taxes; for exports into Tanzania once entries have been lodged and taxes paid, it takes 1 week for Tanzania Revenue Authority to confirm that taxes have been paid. The process of confirmation is supposed to take 1 day.  
Resolution status note: The 25th EAC NTBs Forum held from 9-12 May 2018,was informed that this matter had been resolved by the bilateral meeting between URT and Kenya.  
NTB-000-750 8.8. Issues related to transit 2017-03-01 Zambia: On the road Zambia Resolved
2018-01-25
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Complaint: There are approximately 600 hundreds trucks ferrying "mukula" logs legally from DRCongo. The loads had genuine documents from Congo and the trucks were checked at kasumbalesa border upon entry to Zambian soil.
We understand that Zambia banned mukula harvesting within its territories but the activity is not banned in Congo. it is unfortunate that the trucks from Tanzania underwent the legal custom check at the border only to be impounded through an impromptu statutory instrument. The drivers and their drivers have been living under deplorable condition with their employing companies not only going through loss by way of their trucks staying idle but also through regular upkeep of their employees.

It also unfortunate that after impounding the said trucks, the relevant authorities in Zambian kept quiet. No meaningful willingness to resolve the issue has been portrayed by the relevant authorities in question. Going by SADC protocol on transit/transportation protocol there is evidence of breach/contravention of the same.

We wish to see a quick resolution of the matter to mitigate the pangs of the losses companies are making and hence the respective governments from which the same operates under.

We do need each other and we'll always need each other owing the same to globalization.
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that all 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products. Therefore, this NTB should was resolved.  
NTB-000-748 2.10. Inadequate or unreasonable customs procedures and charges 2017-05-03 Zambia: Chirundu Zambia Resolved
2018-01-25
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Complaint: There is congestion at Chirundu border as a result of the attached notice which was issued by Zambia Revenue Authority The notice advised Zambian Agents that starting 1 May 2017 no truck shall enter the Zambian scanner without the Zambian bill of entry (stamped or not stamped). Fast lane trucks must not exit the border without having the entry registered.

Below is a report from our team on the ground-

Challenges we have noticed today 09 May 2017 are that,
• It has led to chaos on the Zambian side where some trucks have arrived not registered and have clogged trucks on the queue to the scanner. Some trucks are forced to park until these trucks have been registered because there is nowhere they can move to.
• ZIMRA is not aware and were not prepared for this, although I met the bonds office and had a conversation about this before 1 May they were waiting for an official document from their colleagues which never came until yesterday when ZRA informed ZIMRA that this is the development on the Zambian side.
• Zambian importers/agents who have outstanding issues with customs or waiting for clearance instructions (agent & importer) have affected trucks which arrives while these issues are still pending, therefore trucks for these importers/agents will not be cleared and will block other trucks which were precleared leading to delays.
• Some transporters not preclearing the loads hence leading to chaos at the scanner.
• No parking space before trucks reach the scanner, only 20 trucks are accommodated there thereby leading to a queue/congestion on the Zimbabwean side.
• Transit trucks getting late while on the queue leading to late acquittal issues.

I checked on the queue (Zim side) and noticed that,
• There are 67 trucks queuing from the ZIMRA gate to Shashe area
• The queue is 1.7km long
• At the Zambian scanner trucks which are there are less than 25.
• 95% of trucks on the queue are high risk (those that pass through the scanner).
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that The requirement was now being well managed and the congestion it could have caused had been eliminated. The NTb is therefore resolved.  
NTB-000-746 2.3. Issues related to the rules of origin 2017-03-17 Kenya: Mombasa sea port Mauritius Resolved
2019-04-25
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Complaint: Customs in Kenya are not accepting the COMESA certificate of origin which has been issued by the Competent Authority in Mauritius based on the "value addition" rule. While all criteria and conditions have been met to comply with the "value addition" rule, officials from the Kenyan Revenue Authority have blocked the consignments of refined sugar which were duly accompanied by a COMESA certificate of origin.  
Resolution status note: On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access.
 
Products: 1701.99: Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar containing added flavouring or colouring and raw sugar)  
NTB-000-741 3. Technical barriers to trade (TBT)
B1: Prohibitions/restrictions of imports for objectives set out in the TBT agreement
2017-02-24 Angola: Port of Luanda South Africa Resolved
2018-06-07
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Complaint: New Agency (Bromangol) have been appointed in addition to the Ministry of Health and this has resulted in duplication of processes and tests and this is additional costs for exporter. It takes 43 days to clear goods before they can enter and about 9 imports documentation and process take place. Lack of training by officials. Currently there is a freeze on the issuance of new import licenses and there is no indication as to when will the freeze be lifted. There is no transparency regarding requirements, rules and regulations to comply with exporting. All this rules and regulations changes without notification and it is expected to comply with them immediately. These results in rates introduces which differ from one port to another. (Inconsistent application). There is lack of enforcement and date which increase the uncertainty.

It take 6 - 8 weeks just to obtain visa to Angola, it is not possible to obtain a multiple entry visa. For every business trip visa is a prerequisite. Intellectually property rights legislation is not implemented and it results in litigating which is costly to protect the trademark.The time frame for credit letters used to be 30 days now it is 210 days.
 
Resolution status note: On 7 June 2018, Angola Focal point reported that the laboratory analysis of food and / or perishable products entering Angola conducted by the company Bromangol is no longer mandatory. This activity is liberalized and has competition from any other private company interested in the sector, including the laboratories of the Ministry of Health and Agriculture. In addition, the Customs no longer require the presentation of sanitary inspection certificate issued by Bomangol as a requirement for the submission of the Customs Declaration since November 2017.  
NTB-000-734 2.6. Additional taxes and other charges 2017-01-09 Malawi: Muchinji Zambia Resolved
2017-09-15
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Complaint: Whenever we have to be attended to by border officers on the Malawian side during the weekend, we are charged a fee which they term 'over-time', amounting to K1,000 Malawian Kwacha, which charge is not levied on the Zambian side.  
Resolution status note: During the 33rd Meeting of the COMESA Customs and Trade meeting held on 12 -15 September 2017, in Antananarivo, Madagascar, Malawi reported that the NTB had been resolved.  
NTB-000-732 5.15. Other 2017-01-01 Zambia: Zambia Resolved
2018-01-25
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Complaint: Carbon Tax Increase over 37% for commercial vehicles  
Resolution status note: On 25th January 2018, Zambia Focal Point advised that the measure was for all motor vehicles and the highest percentage of 40% was on motor cycles and small vehicles. 37% on commercial vehicle was among the lowest percentage increases. This measure was intended to adjust the carbon emission surtax for inflation. It had not been adjusted since its introduction in 2006. This is in line with the Customs and Excise Act 47 of 2016. We propose that this be considered resolved  
NTB-000-731 6.6. Border taxes 2017-01-01 Zambia: All Zambian Border Posts Resolved
2018-01-25
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Complaint: Introduction of fees on all motor vehicles exiting and entering Zambia

This measure will effectively increase transportation costs for both businesses and individuals.

As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.

The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.

Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.

Effective date

All of the above measures will take effect from 1 January 2017.
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved  
NTB-000-729 6.6. Border taxes 2017-01-01 Zambia: All Zambian Border Posts Resolved
2018-01-25
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Complaint: Introduction of fees on all motor vehicles exiting and entering Zambia

This measure will effectively increase transportation costs for both businesses and individuals.

As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.

The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.

Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.

Effective date

All of the above measures will take effect from 1 January 2017.
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved  
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