| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-874 |
2.6. Additional taxes and other charges |
2017-05-05 |
Tanzania: Tunduma |
Rwanda |
Resolved
2018-11-16 |
View |
|
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:
|
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 NTB was resolved |
|
|
NTB-000-879 |
2.6. Additional taxes and other charges |
2017-05-05 |
Tanzania: TRA |
Kenya |
Resolved
2018-11-16 |
View |
|
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:
|
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. And hence considered the NTB Resolved. |
|
|
NTB-000-883 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-12-17 |
Kenya: KRA |
Tanzania |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Introduction of Tax Stamp/Printed Codes:
Under the Kenya Excise Act of 2015, the Kenya Revenue Authority (KRA) introduced either tax stamp or printed codes on beer and KEG manufactured or imported into Kenya with effect from 1st February 2016 at the cost of KShs. 1.50 per stamp with a manual application which raises the cost to USD 5.5/hl. |
|
|
Resolution status note:
|
During the Bilateral Meeting between Tanzania and Kenya held on 23rd - 27th April, 2019 in Arusha, Tanzania.Kenya reported that this is a domestic function under the Domestic laws and falls under the Domestic Tax Harmonization.
Tanzania requested Kenya to consider lowering the charges and the fees should be issued electronically. Kenya recommended to wait for domestic harmonization process to be completed.
Recommendation: Both Parties agreed to handle the matter under domestic tax harmonization ad therefore matter is resolved. |
|
|
NTB-000-948 |
2.6. Additional taxes and other charges |
2019-12-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
|
|
|
Resolution status note:
|
The SCTIFI agreed that the issue is operational; KRA and TRA should discuss and resolve it.Hence it is resolved from the EAC Time-Bound Programme |
|
|
NTB-000-964 |
2.6. Additional taxes and other charges |
2020-06-01 |
Kenya: Nairobi ICD |
Rwanda |
Resolved
2020-11-24 |
View |
|
Complaint:
|
Introduction of the new verification/inspection tariff at Nairobi ICD (80 USD for 20 feet containers and 120 USD for 40 feet containers by Kenya Ports Authority (KPA) due to outsourcing of labor to conduct inspections and verification on behalf of KBS and KRA |
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|
Resolution status note:
|
After investigations, Kenya confirm that;-
- The charges are in accordance to the existing KPA tariff applicable to both local and transit cargo where labour is required to provide verification/stripping and stuffing services.
- The verification charges are applicable to only those containers that have been targeted for verification by Customs/other Government cargo intervening Agencies and or on customers request
- Clients have the option of either using the outsourced service provider or seeking for an approval from Customs for their containers to be released under seal for destination verification at their warehouses.
-There are no charges for sight and release mode of verification
This NTB is therefore resolved |
|
|
NTB-001-010 |
2.6. Additional taxes and other charges |
2020-03-20 |
Uganda: Busia |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the SCTIFI meeting was informed that Uganda Law provides that processed chicken is charged VAT and is not discriminatory.
The meeting agreed that it was not an NTB and therefore resolved |
|
|
Products:
|
0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus |
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NTB-001-007 |
2.6. Additional taxes and other charges |
2021-02-25 |
Zambia: Livingstone |
|
Resolved
2021-11-29 |
View |
|
Complaint:
|
A member of the South African Brand owners Association is experiencing push back from Zambia’s Ministry of Health in that they do not want to issue the Zambian importers a Health Clearance certificate unless the product has been subjected to re-testing in Zambia.
The association presented the Certificate of Analysis issued by South African Department of Agriculture, Land Reform and Rural Development which is responsible for analysis of products in South Africa, which was rejected by Zambia authorities.
The importers ended up going to meet the Permanent Secretary at the Ministry of Health to plead their case for clearance of which the Ministry said that they could not advise on which specific metals to test and advised that for future reference and to avoid this occurring again, the importers may use the former certificates to identify the metals that are present to enable the lab to test accurately. The example attached by the Ministry was for the inclusion of the following tests:
Natamycin
Sorbic Acid
Zinc – ZN
Copper – CU
Iron – FE
Lead – PB
For years the South African Health Clearance Certificate was accepted. The duplication of test conducted results in the below additional costs for our importer:
R240 per wine selected. We export 202 skus. If we have to test all of them at least once a year then we will spend R48 480 annually to confirm that our products are in spect.
Following the meeting with Ministry of Health , the Zambian importers reported that some past COA’s have successfully now managed to gain clearance for 2021 Q1 and Q2. We would appreciate if this matter can be resolved. |
|
|
Resolution status note:
|
A meeting held on 29 November 2021 between the Zambian Health Authority , DTIC and affected stakeholders . resolved the matter as follows:
1. Undertaking by Zambia to finish South Africa with the copy of the Regulations.
2. Acceptance of the South African Health Clearance Certificate
3. Testing of products once a year instead of bi-annually. |
|
|
NTB-001-042 |
2.6. Additional taxes and other charges |
2021-12-13 |
Uganda: Malaba |
Kenya |
Resolved
2022-05-05 |
View |
|
Complaint:
|
Uganda denial of preferential market access for footwear manufactured in Kenya by Umoja Rubber |
|
|
Resolution status note:
|
Uganda Focal Point advised that this assessment was done before full declaration. The consignment wasn't charged all the indicated taxes after submission of relevant origin documents as in the attachment posted in the system. |
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|
Products:
|
6402.99: Footwear with outer soles and uppers of rubber or plastics (excl. covering the ankle or with upper straps or thongs assembled to the sole by means of plugs, waterproof footwear of heading 6401, sports footwear, orthopaedic footwear and toy footwear) |
|
|
NTB-001-061 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2021-12-28 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Republic of South Sudan is imposing a digital border security Control Tag of 100 USD and a control fee of 30 USD at every entry or exit. |
|
|
Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that the order was revoked and hence the NTB was resolved. |
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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 |
|
|
Resolution status note:
|
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. |
|
|
NTB-001-082 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
Excise duty on imported onions, potatoes, potatoes crisps and potatoes chips effective 1st July 2022 at rate of 25% imposed by Kenya |
|
|
Resolution status note:
|
The 34th RMC noted that the provision of the Law is not applicable hence no NTB has occurred so far and Kenya is requested to amend their law and rectify it to avoid the NTB from occurring. This NTB has been resolved. |
|
|
NTB-001-084 |
2.6. Additional taxes and other charges |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
25% excise duty on table eggs imported table eggs as a new restriction
|
|
|
Resolution status note:
|
The 34th RMC meeting noted that the law was not being practiced and Uganda was not being affected by the law. Hence the NTB has been resolved |
|
|
NTB-000-475 |
1.13. "Buy national" policy |
2011-10-06 |
Uganda: Uganda National Police |
Rwanda |
Resolved
2012-12-03 |
View |
|
Complaint:
|
Removal of plate numbers on vehicles that have had accidents.The argument given is to force the driver to report to the police. The consequence is loss of goods and vehicle parts because with no plate number the truck/vehicle seems to belong to nobody. |
|
|
Resolution status note:
|
On 21st December 2015, Uganda Focal Point reported that the NTB was resolved in 2012 by Uganda |
|
|
NTB-000-805 |
Existence of several weighbridge stations in the central and Northern corridors. |
2014-04-01 |
EAC |
EAC |
Resolved
2019-08-21 |
View |
|
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 . |
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|
NTB-000-844 |
Insurance |
2018-09-28 |
Uganda: Police |
Burundi |
Resolved
2018-09-28 |
View |
|
Complaint:
|
Non-recognition of the COMESA Insurance by Uganda in case of accident. |
|
|
Resolution status note:
|
Uganda reported that under the Law, in case of a fatal accident, the drivers are supposed to be taken to court unless you opt to resolve it. The meeting agreed that this NTB has been resolved. |
|
|
NTB-000-951 |
Quarantine for All Truck drivers |
2020-04-05 |
Zambia: Kazungula Ferry |
Zimbabwe |
Resolved
2020-04-10 |
View |
|
Complaint:
|
Zambia imposeS a mandatory 14 day quarantine for all truck drivers entering Zambia during the covid 19 pandemic. From 28 March 2020, drivers using the Kazungula Ferry border post were detained at Kazungula border post and later moved to different sites in Lusaka such as UNZA. It is not clear whether all drivers were screened at the border post to establish if they showed symptoms COVID 19 . All driver are being quarantined including drivers without COVID 19 symptoms. This is not in line with SADC guidelines that stipulates that Member states will undertake initial screening and only quarantine those that show symptoms of COVID 19.
Zambia should have notified all SADC member states of their mandatory quarantine period in advance as required by the WTO Agreement on Trade Facilitation and WHO Interim Guidance on Quarantine of individuals in the context of the containment of corona virus disease (COVID-19) so that traders could plan accordingly. Zambia ambushed traffic in transit.
Zambia should implement the SADC guidelines which were recently adopted. |
|
|
Resolution status note:
|
On 19 Appril 2020, FESARTA reported that all drivers under quarantine have since been released.
Also Zambia has now produced a COVID - 19 Guidelines on Screening for Trucks carrying essential commodities. At certain Zambian border posts such as Vic Falls, Kazangula, Chinade and Chipata drivers are required to be screened and tested for COVID-19, meaning that they are quarantined until the test results are available and if negative for COVID-19 are released to proceed and deliver the cargo to the final destination, if they test positive they are quarantined for 14 days and the transporter must send another driver to replace the quarantined driver to deliver the load. Other border post such as Chirundu, Kasumbalesa and Nakonde, drivers are screened for temperatures and if no symptoms they are allowed to proceed and deliver the cargo to the final destination. |
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|
NTB-000-973 |
We are asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected. |
2020-08-04 |
Mozambique: Delegação Aduaneira de Namaacha |
Eswatini |
Resolved
2021-07-09 |
View |
|
Complaint:
|
Eswatini Company is asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected in line with Ministerial Diploma NO 18/2007 of February 9, which approves the table of various fees for Border Posts, effective from August 2, 2020. However inspection cargo is not done and therefore we are made to pay for services not rendered. Further , the drivers have t pay to get their passport stamped.
How do we dertermine the time the vehicles stays at the border if we are billed a hourly charge all documentation and taxes dues are paid in advance to try and speed the process up why does the driver need to pay to have his passport stamped on arrival and more strangely on exiting with an empty vehicle. |
|
|
Resolution status note:
|
Mozambique Focal Point reported that the inspection fee for motor vehicles at the Namaacha border was charged under Ministerial Diploma nº 18/2007, of 9 February. However, said fee was revoked by Ministerial Diploma nº 28/2021, of 30 April 2021 |
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Products:
|
3214.10: Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings |
|
|
NTB-001-045 |
|
2021-11-22 |
Kenya: Poultry products from Uganda have been banned from entering the Kenyan market. |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
The government of Kenya without giving any reason arbitrarily banned all poultry products from Uganda from accessing the Kenyan market. It is not clear when the ban will end or if it will end. My clients have lost and continue to lose a lot of money thanks to this arbitrary and protectionist measure by the government of Kenya going against all the principles of the International Trade especially Kenya's obligations as a part of the East African Community Customs Union. |
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the ban was lifted as a result of the Bilateral meeting of the two Partner States in December 2021.
So, the matter is resolved |
|
|
NTB-001-066 |
|
2022-01-01 |
Mozambique: Delegação Aduaneira de Ressano Garcia (Road) |
Mozambique |
Resolved
2024-03-31 |
View |
|
Complaint:
|
Introduction by Autoridade Tributária de Moçambique of a SINGLE ENTRY Temporary Import Permit (TIP) at a cost of MZN700, which is currently processed manually for the majority of vehicles at Ressano Garcia's KM4 facility.
The costs are prohibitive for companies moving transit cargo from South Africa to the Port of Maputo, with 15 loads per week per vehicle a common achievement. In addition, the delays experienced by the manual processing of the TIP document adds significant cost on account of the waiting time that drivers are subjected to. The Port of Maputo has collaborated with Customs in Mozambique to collect electronic payments for the TIPs, but so far only 10 companies have taken up the use of the facility. Even those companies registered on the Port's electronic system are not guaranteed speedy processing, and delays are still experienced by drivers as they still have to queue to collect the TIP document. Electronic payments should take precedent over manual payments, but in reality this is not the case. It is common knowledge that a R50 bribe will speed up the processing of the TIP document.
The SADC Protocol on Trade is clear in its reference to the removal of tariffs and non tariff barriers. At this point, the TIP cost to one company moving 180 trucks per month, is in excess of R1,4million ZAR or USD88,000. The manual processing compromises the integrity of the system and the costs directly impact the competitiveness of the trade route for imports and transit imports into Mozambique.
With the push towards the harmonization of regulations within the SADC and TRIPARTITE region, the TIP process should be harmonized with that of South Africa which has a multiple entry TIP valid for 6 months and is processed at no cost to the user. |
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|
Resolution status note:
|
The NTB-001-066 was resolved, and the withdrawal of fees concerning the 750 Meticais fees paid for issuing and extending the Vehicles Temporary Import License on the foreign carriers was reviewed and published in Ministerial Diploma no. 33/2023 of February 14th, attached above. |
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