| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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 |
View |
|
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-001-019 |
4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons |
2021-03-01 |
Uganda: Malaba |
Kenya |
Resolved
2021-07-06 |
View |
|
Complaint:
|
PVOC is currently a requirement for seed shipment into Uganda. This is causing considerable delays in seed shipment. In addition, the enforcement of PVOC requirements in Uganda is based on Uganda standards 821. There is however a disconnect between the Uganda standards and the parent seed regulations in terms of some of the conformity requirements such as label markings where the UG standards is asking for markings that are not in the Seed regulations. |
|
|
Resolution status note:
|
This is a legal requirement where all commodities under mandatory standards go through PoVC inspection and the standard in question is a harmonized East African Standard and not an NTB. Hence the issue is operational and should be resolved in the system |
|
|
NTB-000-940 |
5.14. Restrictive licenses
Policy/Regulatory |
2020-01-09 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2020-09-01 |
View |
|
Complaint:
|
The newly introduced Rwanda FDA is a double registration and a violation to EAC originating products with standardization quality marks for mutual recognition.
Rwanda FDA was never notified to Kenya/EAC
This will mean products going through double registration/approval systems in EAC. Rwanda to consider exempting EAC products from FDA
These are stringent new requirements on the EAC Community Products:
- when you want to import you need to request for import license, we no longer export/import from EAC, therefore when products have quality standardization mark it serves as one of documents to prove the safety of the products.
- You will also need to provide the product invoice and batch test reports to get the import license, before a products is issued with SMark it must be tested and confirmed that it conforms to the EAC products certification therefore this requirements should be exempted from locally manufactured products with quality marks and Certificate of Origin.
- Registration of the products: it is now mandatory to have the products registered have unique Smark numbers. Authenticity of products can be obtained online on the National bureaus.
- Registration fee will make locally manufactured products noncompetitive. |
|
|
Resolution status note:
|
During the RMC meeting the Republic of Rwanda informed that, In addressing such related and persistent NTBs, the EASC in 2018 directed the QATSC to develop a Framework for inter agency regulatory control of food and cosmetics to facilitate cross border trade of these commodities. The final framework was recommended by the EASC for SCTIFI approval in their next meeting and this if Partner States commit to implement will reduce the cost of doing business arising among others from re - registration and re- testing . In respect to the Rwanda FDA, the issue was brought to the attention of the Extraordinary meeting of the EASC held on 12th June 2020. The QATSC was directed to discuss the matter and report in the next EASC meeting held on 23rd July with participation of most Partner States Regulatory Authorities .In that meeting Rwanda FDA reported that they recognize products with the EAC notified Quality -Marks that are issued based on harmonized EAC standards, and what Rwanda FDA was doing was just the listing for such products in building the database. The Registration fees for EAC products is waived and EAC products will be registered automatically. The information is on the website and the the Regulations are attached.The NTB is hence resolved. |
|
|
NTB-001-213 |
5.14. Restrictive licenses
Policy/Regulatory |
2021-01-01 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Rwanda requires manufacturers in Kenya to register their cosmetic products with FDA. The process of pproduct registration is cumbersome, not clear and it takes long, sample of evidence attached shows payment was done in 2021 for 63 products but up to date only 37 products have been registered.
The registration and payment are demanded despite the products having the Kenya recognized quality marks (SMark) with harminised standard. This is a violation of the SQMT Act. In addition, Rwanda FDA had committed that they are not going to retest nor charge the same fees to products that have been certified with recognised SMark.
Invoice number $14,150 and invoice $1,600 FDA. Rwanda use these FDA registration to restrict our cosmetics products and food into Rwanda as Rwanda has not issued licenses for cosmetics since 2021. Additionally, these has reduced shipments of goods to Rwanda and the charges charged to products has made the prices rising. |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade meeting Partner States agreed that the NTB be referred to the East African Standards Committee (EASC) for consideration. |
|
|
NTB-001-213 |
5.14. Restrictive licenses
Policy/Regulatory |
2021-01-01 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Rwanda requires manufacturers in Kenya to register their cosmetic products with FDA. The process of pproduct registration is cumbersome, not clear and it takes long, sample of evidence attached shows payment was done in 2021 for 63 products but up to date only 37 products have been registered.
The registration and payment are demanded despite the products having the Kenya recognized quality marks (SMark) with harminised standard. This is a violation of the SQMT Act. In addition, Rwanda FDA had committed that they are not going to retest nor charge the same fees to products that have been certified with recognised SMark.
Invoice number $14,150 and invoice $1,600 FDA. Rwanda use these FDA registration to restrict our cosmetics products and food into Rwanda as Rwanda has not issued licenses for cosmetics since 2021. Additionally, these has reduced shipments of goods to Rwanda and the charges charged to products has made the prices rising. |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade meeting, Partner States agreed that this issue be referred to the East African Standards Committee (EASC) for consideration. |
|
|
NTB-000-224 |
5.4. Quotas
Policy/Regulatory |
2009-07-28 |
SADC |
Zambia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Import Quotas into SACU member states for sugar |
|
|
Resolution status note:
|
Botswana reported that this is a SACU wide policy decision. |
|
|
NTB-000-185 |
5.4. Quotas |
2009-07-27 |
South Africa: Ministry of Trade |
Malawi |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Annual quota allocations for sugar into SACU |
|
|
Resolution status note:
|
South Africa report3ed that Quota allocations have been agreed to on the Sugar Protocol which is also part of the SADC Protocol on Trade |
|
|
NTB-000-962 |
5.4. Quotas |
2020-04-07 |
South Africa: International Trade Administration Commission of South Africa (ITAC)
South African Revenue Services (SARS) |
|
Resolved
2020-11-26 |
View |
|
Complaint:
|
Export permits were identified by participants as a major issue in South Africa but not an issue outside South Africa. To apply for an export permit, a company engaging in international trade concurrently applies for the export permit approval from the International Trade Administration Commission of South Africa (ITAC), Department of Trade, Industry and Competition (DTIC) and the National Department of Health (NDOH). Once approved by DTIC and NDOH, ITAC provides the exporter with a permit. Once the permit is issued by ITAC, the exporter will send the permit approval to South African Revenue Services (SARS) to issue a customs clearance for export to take place. However, one could have an ITAC permit and not have a SARS customs clearance. Without the SARS clearance, medicines will not be exported.
The issue of export permits is discussed in detail below:
1. Due to the COVID-19, South Africa restricted the export of pharmaceutical products to meet domestic demand. While the objective to meet domestic demand is noble, the challenge is that some medicines limited to export permits are unrelated to COVID-19.
2. Also, application forms keep changing even after engagements with stakeholders with the export products restricted under a single HS code.
3. Another challenge is that essential medicines that are exempt from export permits are subject to export permits. This violates SADC regional guidelines for harmonising and facilitating movement of critical goods and services across the region during the COVID-19
4. Products that are readily available locally are also subjected to export permits (the exception being countries in the Southern Africa Customs Union-SACU). This in turn restricts movement of lifesaving medicines to needy markets and affects company profitability.
5. Participants also highlighted frustration with the slow approval of permits (although it is improving) in South Africa by the International Trade Administration Committee (ITAC), South Africa’s Department of Trade and Industry which is received in a fragmented fashion, resulting in delays, thereby putting products at risk.
6. The above challenges on export permits in South Africa were confirmed by a participant from Mauritius. According to the participant, his company has been unable to order new stock from South Africa since March 2020. Their stock has been depleted due to delays in issuance of export permits by ITAC.
7. Lastly, participants also expressed their frustration with the slow processes by the SARS in processing customs clearance of export permits and noting that the requirements are changing on a regular basis without proper notice.
|
|
|
Resolution status note:
|
Following a series of meetings organised by the SADC Business Council and subsequent follow-ups with the Department of Trade Industry and Competition (DTIC) in South Africa, the DTIC on 26 November 2020 amended the COVID-19 export control regulation issued in February 2020 which removed, with immediate effect, the restrictions on export of essential
medicines for SADC countries. |
|
|
NTB-000-168 |
5.1. Quantitative restrictions |
2009-07-27 |
Mauritius: Ministry of Trade |
Malawi |
Resolved
2012-03-30 |
View |
|
Complaint:
|
Import restrictions on sugar |
|
|
Resolution status note:
|
At the last NTB meeting in March 2011, Mauritius informed the meeting that import restrictions on sugar in Mauritius have been lifted |
|
|
NTB-000-182 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
Zimbabwe |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Restriction on importation of tobacco leaf from SADC countries |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Malawi submitted that importation of tobacco was not restricted. As a matter of fact Malawi imports tobacco from Tanzania Zambia for processing at Malawi companies. The tobacco is re-exported after processing. The meeting was also informed that the companies buying tobacco in the region are the same. |
|
|
NTB-000-348 |
5.1. Quantitative restrictions |
2010-02-09 |
Botswana: Ministry of Trade |
Botswana |
Resolved
2011-07-22 |
View |
|
Complaint:
|
Botswana regulates importation and pricing of petroleum products |
|
|
Resolution status note:
|
Botswana reported that petroleum products are not regulated |
|
|
NTB-000-348 |
5.1. Quantitative restrictions |
2010-02-09 |
Botswana: Ministry of Trade |
Botswana |
Resolved
2011-07-22 |
View |
|
Complaint:
|
Botswana regulates importation and pricing of petroleum products |
|
|
Resolution status note:
|
On 22 July 2011, Botswana reported that petroleum products are not regulated |
|
|
NTB-000-142 |
5.1. Quantitative restrictions |
2009-07-27 |
Zimbabwe: Ministry of Industry and Commerce |
South Africa |
Resolved
2011-06-09 |
View |
|
Complaint:
|
Zimbabwe imposes restrictions on imports of maize meal |
|
|
Resolution status note:
|
Zimbabwe reported that there are no more quotas on importation of mealie-meal .Anyone .i.e individuals or companies can import any quantity as long as all the requirements are met. |
|
|
NTB-000-142 |
5.1. Quantitative restrictions |
2009-07-27 |
Zimbabwe: Ministry of Industry and Commerce |
South Africa |
Resolved
2011-06-09 |
View |
|
Complaint:
|
Zimbabwe imposes restrictions on imports of maize meal |
|
|
Resolution status note:
|
Zimbabwe reported that there are no more quotas on importation of mealie-meal .Anyone .i.e individuals or companies can import any quantity as long as all the requirements are met. |
|
|
NTB-000-143 |
5.1. Quantitative restrictions |
2009-07-27 |
Zimbabwe: Ministry of Industry and Commerce |
South Africa |
Resolved
2011-03-04 |
View |
|
Complaint:
|
Zimbabwe imposes import restrictions on flour |
|
|
Resolution status note:
|
Zimbabwe reported that there are no more quotas on importation of flour .Anyone .i.e individuals or companies can import any quantity as long as all the requirements are met. |
|
|
NTB-000-200 |
5.1. Quantitative restrictions |
2009-07-27 |
Zimbabwe: Ministry of Trade |
Zimbabwe |
Resolved
2010-07-30 |
View |
|
Complaint:
|
Licences for importing cooking oil are only issued in times of shortages. |
|
|
Resolution status note:
|
Zimbabwe reported that trade in cooking oil has been liberalised. This requirement is no longer obtaining. |
|
|
NTB-000-117 |
5.1. Quantitative restrictions |
2009-07-26 |
Kenya: Kenya Revenue Authority |
Mauritius |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Restrictive import permit imposed by Kenya for importation of bread flour. This has been in place for more than ten years now. |
|
|
Products:
|
1101.00: Wheat or meslin flour |
|
|
NTB-000-138 |
5.1. Quantitative restrictions |
2009-07-27 |
South Africa: Ministry of Agriculture |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi imposes quantitative restrictions on Maize imports |
|
|
Resolution status note:
|
Malawi reported that there is no policy to restrict maize imports but this one was applied to suppliers who did not comply with the contractual obligations of maize imports |
|
|
NTB-000-139 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi controls quantities of imported wheat |
|
|
Resolution status note:
|
Malawi reported that there is no quantitative control of wheat |
|
|
NTB-000-140 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi controls quantities of imports of wheat products |
|
|
Resolution status note:
|
Malawi reported that there is no quantitative control of wheat products |
|
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