| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-139 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
1. stoves manufactured by the Burn Manufacturers company have been denied preferential market access when being transferred to URT; the reason being the company was under duty remission scheme. However, the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs. Further, Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
1)That Burn manufacturing was gazette for duty remission in the financial year, 2022-2023.
2)That the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs (sample clearance letters attached)
3)That Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
Kenya request URT to allow the stoves being transferred by Burn manufacturing be accorded preferential treatment since they are originating in Kenya, in accordance with EAC Rules of Origin, 2015, and the company is nolonger under any remission scheme.
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Resolution status note:
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The Secretariat reported that the company was under duty remission and had not fulfilled the procedures they needed to follow after the expiry of the gazette" |
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NTB-001-138 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authroity |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
SCT TRA at the ICD Kenya is delaying approval of export documents causing costly delays and non-timely delivery of products to clients in URT.
To release the tuck took 5 days. We have an issue with TRA where the physical documents have to be submitted manually. Exporters lodges documents waits for release, goes back for BT and still for a movement sheet and this is an online thing you must wait.
In case the movement sheet is not transmitted, exporters submit again for retransmission.
There is always a long queue in the ICD-TRA office that consumes a lot of time for exporters to be attended to.
This back-and-forth process is delaying the export process.
1. We request URT to resolve the matter and grant timely approval of export documents.
2. URT should automate the approvals and avoid manual approval.
3. When the SCT system is down, there should be quick resolution and an agreed time to release goods manually.
We request for timely delivery of goods to avoid the costly delays caused by URT.
Truck loaded on 24/10/2023
25/10/2023-Submitted physical file to Tra, release denied we were told to provide ETR receipt and tax invoice
26/102023- Submitted the file with all new requirements, release denied again, that the tax invoice does not match with the invoice on the assessment documents, the assessment document was declared based on proforma invoice
27/10/2023-Submitted the file again and release was issued ,BT was declared and received the same day from the agent..
30/10/2023-submitted the file again movement sheet was generated.
TZNG-23-1438288 & TZNG-23-1437343
26/9/2023- The files for the above assessment documents were submitted to TRA at ICD
• TZNG-23-1437343 - release was issued.
• TZNG-23-1438288 -was asked to compare manifest and compared the same date.
27/9/2023- the files were submitted again at 11 am
• TZNG-23-1437343- nothing was done.
• TZNG-23-1438288- release was issued.
On 27/9/2023 at 3 pm the files were submitted again
• TZNG-23-1437343-Movement sheet was generated.
• TZNG-23-1438288-movement sheet was generated.
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Resolution status note:
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The Secretariat advised that this issue is operational and was not considered as an NTB" |
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NTB-001-085 |
1.4. Preference given to domestic bidders/suppliers |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2024-03-09 |
View |
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Complaint:
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Kenya's restriction of supplies to the Kenyan Electricity Supply Industry (ESI) to only Kenya originating cables and other ESI materials by Kenya (Public Bid Notice ) |
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Resolution status note:
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NOT New
This complaint was dropped as it it related to trade in services and not trade in goods. Hence it is not an NTB" |
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NTB-001-114 |
1.7. Discriminatory or flawed government procurement policies |
2023-02-01 |
Uganda: URA |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.
Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back. |
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Resolution status note:
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The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 ) |
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NTB-000-976 |
8.8. Issues related to transit |
2020-08-10 |
Botswana: Kazungula Ferry |
Zambia |
Resolved
2023-10-05 |
View |
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Complaint:
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We have a fleet of trucks and the problem is there is no fixed procedure to calculate the toll that BURS charges. They see the weights on the trailers mentioned on the blue plates which many a times shows 36,000kgs on the small trailer and 36,000 on the big trailer. That means they charge each truck toll for 72000 kgs. Some trailers with the same load and same trailers end up paying 4200Pulas and some trailers with the same cargo and same type of trailers are told to pay 6700 pulas. When the agent goes to ask that if you are charging us for 72000kgs will you allow the truck to carry such weights. They just tell him to leave the office and say there is no negotiation. We fail to understand how 1 truck having the same trailer and same cargo pay 4300 pulas and other truck with same trailer and same cargo is told to pay 6700 pulas. This on our transporters part is unfair. They should come with a fixed charge option that trucks with tri axel trailers will pay this much and trucks with interlinks trailers will pay this much. Please we will be obliged if this issue is raised on top priority. |
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Resolution status note:
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In this particular case, there was difference in weights between those indicated in the white book and the data plate affixed to the truck. Assistance was sought from the Weighbridge and due to other circumstances the attempt was unsuccessful. In concluding the query, the truck driver was assisted using the previous permits which he had no objections to.
The inconsistency with information from the trucker resulted in the inconsistency of the charges. This was resolved. |
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NTB-001-130 |
1.14. Lack of coordination between government institutions |
2023-09-30 |
Kenya: Busia |
Kenya |
Resolved
2023-10-11 |
View |
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Complaint:
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Dairy Board officers not in work over the weekend and week days after 1500HRS yet is 24 hr operational |
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Resolution status note:
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The issue was addressed and the trader confirmed he was served |
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NTB-001-097 |
3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. |
2022-11-28 |
Tanzania: Tanzania Bureau of Standards |
Malawi |
Resolved
2023-03-28 |
View |
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Complaint:
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Tanzania requires that we produce a Certificate of Analysis done in SGS labs only which are only in South Africa and Mauritius. The test must be done on each and every consignment which is costly and time-consuming. It could have been ideal if they could accept at least from Malawi Bureau of Standard.
Other countries where we export our product accept Certificate of Analysis from our company lab. |
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Resolution status note:
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From the report of the meting held on 28th March 2023 between SADC Business Council, The Complainant and Tanzania Bureau of Standards (TBS), both parties agreed to resolve the NTB as per the attached minutes of the meetings and the accompanying letter with Reference No. TBS/CED/PVoC/G.54/7870 dated 29th March 2023. |
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NTB-001-006 |
2.2. Arbitrary customs classification |
2021-01-28 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2023-09-22 |
View |
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Complaint:
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AGENTS charged as a criminal offense and penalised for not attaching Permit.
Due to COVID 19 Restrictions in place for Zimbabwe small scale cross border traders their goods are now spending more days at border posts due to the long processing requirements' which they never new when they enjoyed using COMESA STR which was suspended because of COVID as they are not allowed to clear there goods at the borders . Trade is only allowed to be done through the clearing of agents, Those few traders who are using the agents are facing numerous challenges which include requirements for permits and licenses for STR qualifying goods which are beyond the reach of many thereby marginalizing the rest of the traders .
On 28 January 2021 an entry for sweets and sherbets was done by the agent at Chirundu . The Agent erroneously omitted to attach permit for bio safety and the agent was fined an astronomical figure of 400,000 RTGs and when he appealed for that decision of the amount it was doubled to 800,000 RTGS which translate to above US$8000 on the day's exchange rate. ZIMRA classified omission to attach a biosafety permit as a criminal offense attracting a fine outlined in SI 25 of 2021 the Criminal Law (Codification and Reform) (Standard Scale of Fines) Notice, 2021.This notice is issued by the Minister in terms of section 280 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On reading the Act, it is not clear if omission to attach a document constitute a criminal offense .
The goods now have 12 working days at the border and the consignment was for a small-scale trader who is not a company, and these are the people who live on hand to mouth trade. The level of fines for clearing agents are Punitive rather than Correctional, Agents are now afraid of clearing goods for small scale traders as they are heavily fined for omissions and errors which are a common thing in the world, Permits are cumbersome to obtain for some of them.
1. ZIMRA is urged to reconsider the classification of error from “Criminal Offense” to “Omission to attach a required document” and therefore the reduce level of fine
2. The relevant Government Department is requested to consider allowing clearance of COMESA STR goods by TIDOs during this COVID period when they get to the border under modalities to be agreed upon by the authorities. |
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Resolution status note:
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The issue was considered resolved on the basis that the rates have been reviewed downwards and Zimbabwe shared the Statutory Instrument . |
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NTB-001-004 |
2.8. Lengthy and costly customs clearance procedures |
2020-12-31 |
Zambia: Kariba |
Zimbabwe |
Resolved
2023-09-22 |
View |
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Complaint:
|
Introduction of Statutory Instrument 115 of 2020, Ports of Entry and Routes Amendment Order, page 785 of S.I. 115 -2020 Indicates borders and regulating hours of operation, Kariba and Victoria Falls being affected. For goods destined for Kariba, it will be very difficult and costly for traders to go via chirundu and back to Kariba . The chuiiurundu kariba route doubles the distance and therefire craetes additional cost for landing same product in Kariba. Distance to transport goods directly from Siavonga Juction to Kariba border is 78 kms . Whereas ,the Chirundu routes is: Siyavonga to the border chirundu (20kms); Add 62 kms from chirundu border to Makuti then 77 kms from Makuti to Kariba, totalling 159kms.
This Order disturbs the spirit of Regional integration , traders are crying because of COVID 19 and its effects then another 115 Pandemic, . If all exports are centralized to pass through chirundu it means we are putting pressure at one point this in turn increases chances of smuggling and paying bribes, as of more days are spent at the border. This will give pressure to clearing agents who will make errors in making entries leading to pay heavy fines, the agent will simply abandon the goods leading to the bond being cancelled , this will cause traders to have other options of smuggling and paying bribes, WHY DONT THERE BE CORRECTIVE MEASURES THAN PUNITIVE MEASURES.
This S.I. has come at a point where Zimbabwean traders are not allowed to clear goods over the counter because of COVID 19 and other regulations |
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Resolution status note:
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The 3rd meeting of the COMESA Regional NTBs meeting was informed that the Kariba Border Post was designated to accept all commercial transactions therefore the NTB was resolved on grounds that Kariba is an appointed port under the Ports and routes order, therefore commercial transactions trough Kariba border post will continue. |
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Products:
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1905: Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products., 3401: Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or c and 3401: Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or c |
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NTB-001-058 |
2.3. Issues related to the rules of origin |
2022-03-12 |
Egypt: Egypt Revenue Authority |
Egypt |
Resolved
2023-04-06 |
View |
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Complaint:
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The Egyptian customs rejected to apply the COMESA certificate of origin issued by Madagascar attached because the signature is different. COMESA Secretariat is therefore requested to check the attached received from the shipper and advise on way forward. |
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Resolution status note:
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During the COMESA Workshop on Capacity building for Member States held on 2- 6 April 2023, which reviewed this NTB, Egypt National Focal Point was requested to update status of the rejected consignment which was accompanied by the COMESA Certificate of Origin in the online system. However, on further review, it the meeting recommended that this complaint be regarded as resolved because the COMESA Certificate of Origin in question was not confirmed to be authentic. |
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NTB-001-025 |
8.1. Government Policy and regulations |
2021-08-10 |
Malawi: SONGWE KARONGA BOX 8 WEIGHBRIDGE |
Rwanda |
Resolved
2023-04-06 |
View |
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Complaint:
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The Rwanda truck carrying Fertilizer TPT from Tanzania to Malawi Lilongwe was refused to enter Malawi and charged USD 1000 for violating third country rule a provision that is being applied betwen Zambia and Malawi to protect their national transport operators against foreign transporters not registered in Malawi. This is a discrimination against other trucks transporting goods to Malawi |
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Resolution status note:
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The COMESA workshop on Capacity building for Member States held on 2- 6 April 2023, reviewed this matter and recommended that the Secretariat to recommend to Rwanda to regard this NTB as resolved considering that there are Legal Instruments supporting its implementation. The relevant transport instruments would be shared with Rwanda. |
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NTB-001-005 |
2.2. Arbitrary customs classification |
2021-01-05 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2023-04-06 |
View |
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Complaint:
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CROSS BORDER TRADE RELATED
Cross border trade was affected by the lockdown put in place under the COMESA COVID-19 Regulations implemented by Member States because of challenges the pandemic brought. While the COVID-19 Measures are welcome, the lockdown did not have other mechanisms which were put in place to cover the informal sector as majority of them are women who are also bread winners whose small savings and profits are meant for schools and general welfare of the family. As much as traders pay heed to COVID 19 regulations this does not substitute food on the table. Government appreciated movement of goods by trucks as a way of decongesting borders thereby small scale traders being marginalized.
COMESA SIMPLIFIED REGIME is a system done by COMESA Members States to simply trade for small trade players, in this Pandemic lockdown , why don't the Government allow small scale traders to organize themselves through CBTAs and COMESA TRADE INFORMATION OFFICERS to clear their wares in a simplified manner. Traders can send their money by wire transfer or MUKURU then goods are sent to the border and all the clearing formalities are done by the TIDO, the same way clearing agents are doing it. The current arrangement where only agents allowed to do clearances for cross border traders has increased their cost of doing business drastically as the the clearing formalities takes more time 3-4 working days from time when an entry is done where as the STR clearance through TIDO takes hours for a small consignment of $1000.00 STR threshold value and goods are released, goods which are on of eligible products |
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Resolution status note:
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COMESA Regional workshop for National Focal Points and NMCs held from 3-6 April 2023 in Rwanda made observation that this NTB was reported when there were travel restrictions due to the COVID- 19 pandemic and small-scale cross border traders were unable to clear their goods under the COMESA STR. Currently, there are no travel restrictions hence small-scale cross border traders are now able to clear goods under the COMESA STR.
In view of the above developments, this NTB is therefore resolved. |
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Products:
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2202: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 20.09., 3005: Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes and 3401: Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or c |
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NTB-001-104 |
1.8. Import bans |
2023-03-06 |
Kenya: Kenya Diary Board |
Uganda |
Resolved
2023-03-20 |
View |
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Complaint:
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IMPORT BANS AND DENIAL OF MARKET ACCESS BY KENYA.
On 6 Mar 2023,the government of Kenya through the Kenya Diary Board stopped the issuing of import permits for powdered milk as a means of cushioning the surplus production and low producer prices in Kenya.
By this, Kenya is breaching EAC customs union protocol and the customs union that makes us a common market as well.This is denying ugandan powdered milk access to the kenyan Market and will negatively impact trade relations between the two countries. |
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Resolution status note:
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The 42nd SCTIF noted that the NTB was resolved. |
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NTB-001-101 |
8.7. Costly Road user charges /fees |
2022-11-21 |
|
Uganda |
Resolved
2023-05-17 |
View |
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Complaint:
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SOUTH SUDAN IS IMPOSING COSTLY ROAD USER CHARGES/FEES. The government of South Sudan through the National Revenue Authority imposes high charges on Ugandan transporters for road use. In 2022, Exporters from Uganda to South Sudan were paying Six Thousand Pounds (6,000) but received receipts reading Five thousand pounds( 5000). This fee isn't in the law and is very costly.It is also impossible to explain to the truck/cargo owners the difference in money paid and money receipted
Currently 2023, Exporters from Uganda to South Sudan are paying Twenty eight Thousand Pounds (28,000) but the receipts they get after payment indicate Twenty One Thousand Pounds (21,000).
This is very unfair and increases the cost of doing business.
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Resolution status note:
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The 34th RMC was informed that the road user charges for Uganda traders are 21,000 SSP. The 7,000 SSP extra payment is an administrative charge payable to the Ministry of Interior Traffic Directorate. The fee is charged on all transporters, not only Ugandan transporters.
The meeting was informed that Road user charges in RSS in 2022 was 5,000 SSP. In 2023 RSS is charging transporters RUC amounting 21,000 SSP.
The meeting agreed that RSS should stop charging the extra 7,000 SSP on top of the road user charges which are not issued a receipt. |
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NTB-001-079 |
2.6. Additional taxes and other charges |
2022-10-24 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-05-10 |
View |
|
Complaint:
|
RESUBMITION
DISCRIMINATORY CHARGES BY UGANDA : 18% VAT ON FROZEN WHOLE CHICKEN
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT. It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from EAC countries.
The issue had been reported under NTB-001-010 and indicated as resolved. However, on checking in the URA system, VAT is still charged on frozen whole chicken meat |
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Resolution status note:
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The NTB was considered and resolved under NTB-001-010. The new evidence provided was incomplete and could not furnish Uganda with enough information. Hence the issue is still considered resolved. |
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NTB-001-040 |
2.3. Issues related to the rules of origin |
2021-10-14 |
Tanzania: URT TRA |
Kenya |
Resolved
2023-05-16 |
View |
|
Complaint:
|
Tanzania denial of preferential market access for Apple Juice and Strawberry manufactured in Kenya while citing reasons that the products are not originating from Kenya. URT delayed the shipment instead of facilitating clearance as is required by the protocal and the EAC Rules of Origin then follow the process of reporting the matter to the secretariat for action/guidance. |
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Resolution status note:
|
The RMC noted that the Verification report was considered and approved by the Committee on Customs and the SCTIFI in May and June 2023 respectively. The verification recommendations have been implemented whereby the qualified products have been granted preferential treatment. The SCTIFI noted that the products that qualify for preferential treatment can be allowed to access the market as the two Partner States consult bilaterally on the two products that do not qualify. Hence the NTB is resolved |
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NTB-000-657 |
5.15. Other
Policy/Regulatory |
2014-12-11 |
Tanzania: Various State Agencies |
|
Resolved
2023-07-03 |
View |
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Complaint:
|
Numerous monetary charges required by various agencies in the United Republic of Tanzania on exports of dairy products |
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Resolution status note:
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The 42nd SCTIFI noted that the Republic of Uganda and the Republic of Kenya are handling the diary issues bilaterally with the United Republic of Tanzania whereby several meetings at the Ministerial and Summit levels have taken place and are at the final stages to be resolved. Also, the issue is being handled in the ongoing process of harmonization of fees, levies, and charges, and all the charges will be harmonized together with other charges. The SCTIFI hence guided that the NTB should be removed from the Time Bound program and allow the ongoing bilateral processes to be finalized. |
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NTB-001-078 |
1.2. Government monopoly in export/import
Policy/Regulatory |
2022-06-13 |
Kenya: Mombasa sea port |
|
Resolved
2023-07-03 |
View |
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Complaint:
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The government of South Sudan through the Ministry of Transport on 25 Feb 2022 had request the government of Kenya through the Ministry of Transport to facilitate the clearing of all South Sudan cargo at Nairobi Dry Port by moving all containerize cargo by rail and to be cleared at a Private Container Freight Stations (CFS) Autoport Freight Terminals Ltd. When the directive was implemented on 13 June 2022, Stakeholders and the private sector in particulars did not appreciate the move and it see as monopolistic in nature and it did increase the cost of doing business for South Sudan importers, This was brought to the attention of the Ministry of Trade and Industry South Sudan which is the line ministry, The ministry of trade communicated to ministry of transport South Sudan on the implication raise by the private on the cost of import and the monopoly fact, after the consultation between the two ministry in South Sudan, The minister of Trade and Industry wrote two communication letters to the Ministry of Trade Kenya on 23rd May 2022 and Ministry of Transport Kenya on 13 June 2022. However, all the communication had not been responded to from Kenya ministries mention, on 28 July 2022 Members of Parliament summon the ministries of Trade and Transport and resolve to Suspend relocation of South Sudan Cargo via Nairobi to protect South Sudanese and the Minister of Transport South Sudan was requested to revoke his letter to the Ministry of Transport Kenya to allow South Sudanese cargo owner to clear their goods directly from the Port of Mombasa. On 28 July 2022 the Ministry of Transport South Sudan wrote to his counterpart in Kenya requesting the suspension of his previous letter dated 25 Feb 2022. All those communications did not bear fruit on trade facilitation update. Unfortunately on 4th October 2022 the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works. Wrote a letter to the National Treasury and Planning Kenya informing the Cabinet Secretary on not receiving any formal communication from South Sudan Government and for his guidance all South Sudanese cargo is to be rail and cleared at Nairobi.
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Resolution status note:
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The 42nd SCTIFI noted that Kenya reiterated Her commitment to facilitating the transportation of RSS people and cargo through a letter dated 13th December 2022 addressed to the Minister for Transport South Sudan informing him of a presidential directive on clearance of goods and other attendant operational issues at the port of Mombasa copied to all concerned MDAs of Kenya which is being followed to date. Hence the NTB is resolved. |
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NTB-001-115 |
1.1. Export subsidies |
2023-02-01 |
|
Kenya |
Resolved
2023-07-03 |
View |
|
Complaint:
|
Uganda subjecting full CET to export/transfered from Kenya Kenknit to Uganda. We urge Uganda to grant preferential treatment to Kenknit products that conform to origin. |
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Resolution status note:
|
On 3rd July 2023, the EAC NTB Unit reported the trader confirmed through the EAC Secretariat that the issue had been resolved |
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NTB-001-116 |
8.8. Issues related to transit |
2023-05-01 |
|
Uganda |
Resolved
2023-07-03 |
View |
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Complaint:
|
There are 13 road blocks between Nimule and Juba and traders are losing over SSP. 150,000 each. |
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Resolution status note:
|
During the 42nd SCTIFI, the Republic of South Sudan reported that the SCTIFI directed South Sudan to remve all road blocks and this directive was implemented. There are only two road blocks from Nimule to Juba hence this NTB was resolved. |
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