Resolved complaints

Showing items 61 to 80 of 684
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-000-821 6.5. Variable levies
Policy/Regulatory
2017-02-21 Zambia: Zambia Revenue Authority Kenya Resolved
2019-08-21
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Complaint: On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production.  
Resolution status note: Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019. Zambia informed Kenya that the measure is under review and has also affected domestic companies and therefore does not violate the national treatment principle. Thus it should not be reported as an NTB.  
NTB-000-816 1.1. Export subsidies 2018-03-01 Tanzania: Tanzania Revenue Authorities Kenya Resolved
2019-10-15
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Complaint: LACK OF PREFERENTIAL TREATMENT CONFECTIONERY PRODUCTS FROM KENYA BY TANZANIA  
Resolution status note: During the Regional Monitoring Committee held on 14th October, 2019 Tanzania has implemented the recommendations of the verification mission on confectionaries. Hence the NTB is resolved.  
NTB-000-815 2.2. Arbitrary customs classification 2017-11-17 Uganda: Uganda Revenue Authority Kenya Resolved
2019-05-31
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Complaint: Denial of market access and hiking & fixing of confectionary products values thus making Kenya products uncompetitive. Clients are scared of fixed uplifted value in September  
Resolution status note: On 7th October 2019, the EAC Secretariat reported that all issues of valuation were considered and resolved by the Customs Committee in May 2019  
NTB-000-814 1.7. Discriminatory or flawed government procurement policies 2017-11-17 Uganda: Ministry of Finance Kenya Resolved
2018-11-16
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Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products, Juice, cigarettes.  
Resolution status note: During the SCTIFI meeting held on 16 November 2018, Uganda reported that she has put in place administrative measures to accord non discriminatory treatment to Kenya products. The NTB is therefore resolved.  
NTB-000-813 4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons
Policy/Regulatory
2017-11-17 Uganda: Ministry responsible for Agriculture Kenya Resolved
2018-05-12
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Complaint: Ban on importation of poultry and poultry products.  
Resolution status note: During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Kenya and Rwanda reported that the ban on entry of poultry products from Uganda based on the ban from the Veternary and Health Regulatory Authorities had been lifted .  
NTB-000-812 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2017-11-17 Tanzania: Tunduma Rwanda Resolved
2018-11-16
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Complaint: Delays in releasing trucks at Tunduma & Rusumo border post by Tanzania Revenue Authority (TRA) as a result of manual lodging of import documents  
Resolution status note: The NTB was resolved during the meeting of SCTIFI of 16th November,2018  
NTB-000-811 3. Technical barriers to trade (TBT)
B11: Prohibition for TBT reasons
Policy/Regulatory
2017-10-02 Kenya: State Department of Trade Rwanda Resolved
2018-11-16
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Complaint: Kenya banned exports of scrap metals destined to Rwanda in accordance with scrap metal Act NO. 1 OF 2015  
Resolution status note: Kenya informed the SCTIFI in November 2018 that the scrap metal is a restricted business in Kenya and that Rwanda traders require a permit to transfer the scrap metal from Kenya. Rwanda informed the meeting that NTB is resolved.  
NTB-000-810 8.7. Costly Road user charges /fees 2017-10-02 Tanzania: Tunduma Rwanda Resolved
2018-10-31
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Complaint: Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks.  
Resolution status note: The Committee on Customs during its meeting in May noted that Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted. It was recommended to geo-map all the transit routes and gazette the Mtera route.
The Mtera route was gazetted vide Legal Notice No. 48 of 10th May, 2018. The Regional Forum on NTBs at its meeting in October, 2018 was informed that Trucks to Kigali are no longer required to have escorts.

The NTB was resolved.
 
NTB-000-809 2.3. Issues related to the rules of origin 2017-06-01 Uganda: Uganda Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas manufacturers ltd in Kenya and exported into Uganda.  
Resolution status note: The SCTIFI meeting held on 16 November 2018 was informed that Uganda had reported that the Company manufacturing the referenced products was under duty remission regime and hence should attract full CET but it was later confirmed that it is not under duty remission and the Uganda Revenue Authority started granting preferential Treatment. The NTB was resolved.  
NTB-000-808 2.3. Issues related to the rules of origin 2017-06-01 Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of Edible Oil and products manufactured in Kenya by all edible oil manufacturers in Kenya when exported to Tanzania. The products are being subjected to full CET duties by Rwanda and Tanzania.  
Resolution status note: The SCTIFI in November, 2018 was informed that where the certificate of origin is queried, goods should not be stopped from moving but the custom administration should call for a bond as security of the goods until the verification exercise is complete.

Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Separation of materials) of the EAC Rules of Origin.

Kenya reported that the NTB for Lubricants & edible oils has been resolved.
 
NTB-000-807 2.3. Issues related to the rules of origin 2017-06-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-05-12
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Complaint: Denial of preferential treatment on automotive products manufactured in Kenya by Toyota Tsusho East Africa Ltd. (TTEA) when exported to Tanzania i.e. for both Toyota Land cruiser 79 pickups and Hino trucks and buses. The products are being subjected to full CET duties.  
Resolution status note: During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Tanzania reported that she observed EAC RoO on Motor vehicles which grants preferential treatment for automotive products assembled in EAC Partner States. Kenya reported during the Forum that this issue was resolved.  
NTB-000-806 8.7. Costly Road user charges /fees 2015-04-01 Tanzania: Ministry of Transport Resolved
2018-02-09
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Complaint: Tanzania requirement that trucks passing three weigh bridges are required to buy stickers at US$40 per sticker despite the fact that trucks are clearly marked transit in the central corridor.  
Resolution status note: Today, 10:10
During the Extra Ordinary SCTIFI taht sat in February, 2018, the USD 40 sticker fee was waived with immediate Effect. Hence the NTB was resolved.
 
NTB-000-805 Existence of several weighbridge stations in the central and Northern corridors. 2014-04-01 EAC EAC Resolved
2019-08-21
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Complaint: Rwanda, Uganda and Burundi are affected by the existence of several weighbridge stations in the central and Northern corridors (Tanzania, Kenya and Uganda).  
Resolution status note: During the meeting of Focal Points held on 19- 21 August 2019 , EAC NTBs Focal Points reported that this matter had been resolved. The weigh bridges have been reduced to 3 in the central corridor .  
NTB-000-802 2.6. Additional taxes and other charges 2018-02-28 Zimbabwe: Ministry of Industry & Commerce Zimbabwe Malawi Resolved
2019-10-12
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Complaint: CORI Ltd visited Zimbabwe last year to explore their local market to check if there is potential for their products (cooking oil). CORI Ltd discovered that they could not export cooking oil into Zimbabwe as the government in Zimbabwe has instituted Statutory Instrument (S.I 64) that banned imports of a variety of products (cooking oil is one of them).

Zimbabwe also has 40% (or $0.50/litre) duty on cooking oil imports
 
Resolution status note: During the national workshop to launch the SSMS tool for Zimbabwe and training for NMC, Zimbabwe reported that the consolidated SI 122 removed the requirement for import and export licences on some products including cooking oil.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the TFTA NTBs Focal points meeting held on 19- 21 August 2019 , Malawi confirmed that the issues has been resolved.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the 5th TFTA NTBs Focal points meeting, Malawi confirmed that the issues has been resolved. We again propose that it be marked as resolved.  
NTB-000-800 2.3. Issues related to the rules of origin 2017-11-01 Resolved
2019-10-15
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Complaint: Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar.

EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
 
Resolution status note: The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved.  
NTB-000-799 2.6. Additional taxes and other charges
Policy/Regulatory
2018-01-08 Kenya: Namanga Resolved
2018-11-16
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Complaint: Tanzania does not give preferential treatment to printed labels manufactured in Kenya by SKANEM LTD and exported into Tanzania. Entry No.TZNG18-1016642. Export suspended.  
Resolution status note: During the SCTIFI meeting held on 16 November2018, Tanzania and Kenya reported that the two Partner States had
identified and resolved the issues causing the NTB
 
Products: 4821.90: Paper or paperboard labels of all kinds, non-printed  
NTB-000-798 8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) 2018-01-25 Zimbabwe: Forbes Zambia Resolved
2018-02-09
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Complaint: Due to the topographic nature of the Forbes Border Post, trucks cannot be parked and cleared at the Border as it would create congestion. The trucks are allowed to proceed out of the Valley where the border is situated and must park in Customs Approved Yards in Mutare. Dry Cargo (Flat Decks) have a Dry Port Yard whilst Petroleum Tankers must park at the RMS Yard (Railway Maintenance Yard Customs created the yards to enable them to clear the loads.

1. Transporters are charged a fee to park in these RMS yards. This is an unnecessary charge and there is no evidence that the funds are used for the upkeep of the yard.

2. Despite the fact that this yard houses Dangerous Goods there is limited access control at a rickety gate. The perimeter is not suitably fenced. The view of the tankers is blocked from the main road by strategically placed defunct railway wagons. There is no access control and the yard is surrounded by a maze of tunnels and hedges where trade in stolen fuel is conducted. Third Party vehicles are allowed access to the yard and unfortunately siphoning from side tanks is evident. Given the lack of security staff, fencing and lighting, the situation worsens at nightfall. Recently truckers have been plagued by theft of items from trucks eg batteries from the trucks.

3. There are no facilities for the drivers. The congestion at Forbes is already well documented due to the failing Ascudya system and inefficiencies in the Customs Sealing process and drivers are stuck a minimum of 48 hours in this yard. There are no ablutions and limited access to running water. It is an inappropriate holding yard where a driver cannot rest before leaving on the next leg of his journey. When it rains, the area becomes a muddy morass
There are several truck yards in the area that are well equipped and offer the drivers clean facilities. Customs are requested to not charge for the RMS yard, clean it up and offer the appropriate security and facilities, or allow vehicles to park in other yards.

Transporters have brought this situation to the authorities before but to no avail. Its seems there are vested interests in keeping valuable cargo parked in this insecure area. Drivers are spending too long in filthy and dangerous conditions while being charged for a service that forms part of Customs responsibilities.
 
Resolution status note: On 9 Beruary 2018, Zimbabwe Revenue Authority advised that Vehicles with uncleared goods are sent to park at a Depot licenced and bonded to keep goods before Customs clearance. This is a privately owned premises which does not belong to Customs and therefore the owner charges for accommodating the trucks.
2. The concerns raised for RMS have since been addressed. Tankers are as from 7.2.18 being parked at a new premises (truck yard) while awaiting finalization of clearance process. The new premises has a perimeter fence, ablution facilities, showers and CCTVs
 
NTB-000-797 1.14. Lack of coordination between government institutions 2018-01-02 South Africa: The DTI South Africa Resolved
2019-08-22
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Complaint: Distell, a Tape Town based exporting company is experiencing delays and high costs of processing SAD500 entries and SADC certificates for their wine exports to Zimbabwe. The current procedure where the Distell driver cannot take the SAD500 entry and SADC certificate to Customs to have it stamped and signed over the counter is cumbersome and costly for the company. The company has to wait for at least 2 days for either the release notification or the stamped and signed SADC certificates. This leads to the truck waiting at the depot for the documents, which results to either standing time cost at the depot or standing time at the border.
The requirement is as follows: Distell Company loads Bulk orders in Tanktainers and Drums from Monis in Paarl or Adam Tas in Stellenbosch, Cape Town which goes by road to Zimbabwe. Currently export documents can only be done by the Freight forwarder immediately after the Tanktainer or Drums are loaded. Export documentation cannot be processed earlier, as company has to wait for the final weight loaded into the truck. The alternative method to use flow meters and cut off the loading on a specific amount of liters is used because it is does produce accurate measurements.
Actual Current process for Bulk - Tanktainers (Tankerservices transport)
- Truck to be arranged for loading very early on a Tuesday morning @ 07:00am
- Most of the time 2 to 3 truckloads which will load one after the other.
- The following is all also done on the Tuesday:
o The wine is loaded.
o Distell invoices and forward the relevant documentation to Imperial Logistics in Johannesburg.
o Imperial Logistics processes the Customs entry via EDI.
- Once EDI release is received (after at least 2 days), Imperial Logistics sends the Release notification via e-mail.
- Distell advises Tanker Services to collect the relevant documentation and leave for the border.
- Imperial Logistics will have the SADC certificate stamped at the border.
- Tanker services driver to collect the original SADC certificates at the border.
A permanent solution for exporters in Cape Town to provide an over the counter service for our SAD500 & SADC entries is required.
 
Resolution status note: Zimbabwe Focal Point reported that the NTB had been resolved . South Africa was issuing SAD500 on time  
Products: 2204.10: Sparkling wine of fresh grapes  
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