Resolved complaints

Showing items 801 to 820 of 855
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 (additional)
COMESA
EAC
SADC
Status Actions
NTB-000-118 1.3. State subsidies, procurement, trading, state ownership 2009-07-26 Seychelles: Seychelles Marketing Board Seychelles Resolved
2010-11-22
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Complaint: The State participates in trading through the Seychelles marketing Board. The State Trading Company has an unfair competitive advantage over private traders.  
Resolution status note: Seychelles reported that SMB no longer in existence. Successor company STC privatised.  
NTB-000-127 1.3. State subsidies, procurement, trading, state ownership
Policy/Regulatory
2009-07-26 Eswatini: NAMBOARD Eswatini Resolved
2010-11-22
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Complaint: Government owns several parastatals that carry out trade.NAMBOARD receives vegetables on consignment from farmers and sells in hotels etc. If the consignment spoils because it is not bought, the farmer loses. At the same time NAMBOARD issues out licences for importing of similar items to those it trades in. The products affected are maize, rice, wheat, fruits and vegetables, flour, poultry, animal feed.  
Resolution status note: Swaziland reported that NAMBOARD issues import permits for vegetables and wheat as per the infant industry protection provision in the SACU 2002 Agreement.  
NTB-000-209 3. Technical barriers to trade (TBT)
B33: Packaging requirements
2009-07-27 Zimbabwe: Ministry of Health Zimbabwe Resolved
2011-06-10
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Complaint: The health and phytosanitary regulations states that, "no person shall import into Zimbabwe any bottle, can, jar or other receptacle which has been used solely for storing or transporting honey or unprocessed royal jelly which honey or jelly was manufactured or produced in any country other than a specified[1] country unless such bottle, can jar or other receptacle has been sterilized after such use.  
Resolution status note: Zimbabwe reported that regulations were put in place to protect the environment.  
NTB-000-653 3. Technical barriers to trade (TBT)
B15: Authorization requirements for importers
Policy/Regulatory
2014-12-11 Tanzania: Tanzania Food and Drugs Authority Kenya Resolved
2019-08-21
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Complaint: Requirement by Tanzania Food and Drugs Authority for companies exporting to URT to register, re-label, and retesting of certified EAC products exported by other Partner States Reported in 2003.  
Resolution status note: During the meeting of the NTBs Focal Points held from 19- 21 august 2019 , Tanzania reported that TFDA was disbanded therefore the requirements are no longer enforced .  
NTB-000-664 3. Technical barriers to trade (TBT)
B3: Labelling, Marking and Packaging requirements
Policy/Regulatory
2013-01-01 Tanzania: Tunduma Burundi Resolved
2015-11-09
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Complaint: TFDA is imposing new requirements on export of BRARUDI beers into Tanzania. TFDA is requesting new labels to include additional information and storage condition for the product that was not required when they submitted the application for export.  
Resolution status note: Burundi reported that TFDA had finally registered Burundi beers and that the company had received its certificate of registration.  
NTB-000-741 3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade
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-000-811 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-000-832 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-28 Kenya: Mombasa sea port Mauritius Resolved
2019-10-18
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Complaint: All consignments of Sugar are systematically being on hold at customs in Mombasa for analysis though prior to shipment in Mauritius, a Certificate of Analysis is being issued and verified by SGS Mauritius and a Certificate of Conformity is issued by SGS South Africa based on Certificate of Analysis.
Same SGS is a recognized International Standards Body mandated by KEBS, we would like to understand why the sugar are also being analysed before clearance in Mombasa?
 
Resolution status note: On 18th October 2019 , Mauritius reported that the Mauritian exporters reported that the consignments were released. We propose that this NTB be marked as resolved.  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-831 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-07 Kenya: Mombasa sea port Mauritius Resolved
2019-10-18
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Complaint: Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar.
 
Resolution status note: During the 4th Meeting of COMESA Sub Committee on Trade facilitation held in Nairobi on 17- 19 October 2019 , Kenya and Mauritius reported that the NTB had been resolved .  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-897 3. Technical barriers to trade (TBT)
B82: Testing requirement
Policy/Regulatory
2019-09-09 Kenya: Namanga Tanzania Resolved
2019-09-09
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Complaint: This incident happened at Namanga border on 09 September, 2019. The Kenya Bureau of Standard (KEBs) restricted car registration number T391 AVW/T945BMK with 10,000 Olynet Long lasting nest and 5, 920 MiraNet also long lasting nets manufactured by A to Z Textile Company. These products are TBS licensed. It was later allowed to enter Kenya under seal make until KEBS undergo their test, in Nairobi. We wish to get clarification on issue, if it has licensed by TBS how come need another test?  
Resolution status note: The Regional Monitoring Committee held on 15th October, 2019 noted that it was a one time incidence and is a normal practice in Standards, However the issue was resolved that same day and should be indicated as resolved.  
NTB-000-894 3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s.
2019-05-14 South Africa: Maseru Bridge Lesotho Resolved
2019-05-22
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Complaint: SARS inspection process takes too long thereby delaying transit of goods destined for the Port. TZICC Clothing Manufacture, requesting SARS to expedite clearance of their declaration which was done last May 14, 2019. The container has not been cleared as at Wednesday 22 May 2019 our Container has not been release yet. The Export Container is going to United States of America and there is a schedule that the company need to meet specially the vessel Stack Dates in Durban. Case # 313253631 was pending since Wednesday and it took so long for SARS to answer or response on the query. 1st we do the VOC 2nd they ask for the Sales Contract 3rd they ask for the Provisional Payment amounting R28866.87 which was already done paying Friday 17 May 2019, everything was uploaded on Friday but SARS has not responded as on 22 May 2019. TZICC are not in a position to know what is going on as SARS are not answering on the system.

This container will cost a lot if the consignment misses the vessel again in Capetown just because of SARS Customs.
 
Resolution status note: On 22 May 2019, South Africa Focal Point reported that discrepancies that were picked up which resulted in the delay of the declared consignment were rectified. The case has been finalised and released.  
NTB-000-916 3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products
2019-10-02 Tanzania: Government Chemist Laboratory Authority. Rwanda Resolved
2020-09-01
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Complaint: Requirement by United Republic of Tanzania to transit trucks carrying chemicals to have export and transport chemical permits. Trucks are charged US$ 1 per ton and in most cases arbitrary charges which are imposed to transit vehicles only. The amount is applied to the entire container weight regardless of the weight of the other non-chemical products being transported in the container. Permits are difficult to obtain during week-ends and original copies are required at the border creating further delays  
Resolution status note: The RMC meeting held on 1 September 2020 agreed that this complaint be resolved as it is agreeable by Law and hence is not an NTB  
NTB-000-918 3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products
2019-10-05 Kenya: Charges were applied by Nairobi City Council Rwanda Resolved
2019-10-31
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Complaint: Requirement to foreign exhibitors in Kenya to have a trading license to be able to display their products in the trade fair without which a fine of Ksh 1,000 per day is imposed to the exhibitor by the City Council. The incident occurred during the Nairobi International Trade Fair that took place at Jamhuri Park to 30th September to 6th October 2019  
Resolution status note: During the Sectoral Committee on Trade Kenya reported that it was a one off issue and is committed that it will not happen again in other upcoming exhibitions. The meeting agreed that exhibitors should be informed not to accept any charges and should report to the relevant authorities in case it happens. Hence it was resolved.  
NTB-000-947 3. Technical barriers to trade (TBT)
B33: Packaging requirements
2018-03-01 Uganda: Uganda Bureau of Standards Kenya Resolved
2024-11-23
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Complaint: Uganda rejection of tissue paper manufactured in Kenya by Africa Cotton Industries. Uganda does not allow group packaging of tissue paper as provided for under the EAC harmonised standard.
Uganda have not implemented the EAC harmonized standards therefore the products must conform to Uganda National standard.
 
Resolution status note: The 7th East African Standards Committee Technical Management Board (TMB) met on 3rd September 2024 resolved the NTB. The TMB meeting decided that toilet paper should be individually wrapped; and the Group-wrapped (individually unwrapped) toilet paper is permitted to a maximum of 10 pieces and should be clearly labeled NOT TO BE SOLD INDIVIDUALLY. The 7th TMB meeting directed the Standards Management Committee (SMC) to adopt the decision of the TMB in the review of EAS 355: 2017 and present the standards for approval in the next East African Standards Committee (EASC) meeting.
The meeting noted that there is already an applicable standard of 2017 and should remain applicable to facilitate market access provided the product meets the set requirements.
 
NTB-001-018 3. Technical barriers to trade (TBT)
B84: Inspection requirement
Policy/Regulatory
2021-05-12 Uganda: Malaba Kenya Resolved
2021-07-06
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Complaint: Uganda subjecting to Kenya perfumed petroleum jelly certified with Kenya SMark and manufactured using the EAC harmonized standards to Destination Inspection (DI) and it's costly charges. This violates the EAC SQMT Act 2006 mutual recognition principal and makes the cost of Kenya products to increase. This has been done despite KEBS writing a letter to UNBS, they proceeded with subjecting Kenya petrolium jelly products to DI and delays for over two weeks. These act by Uganda has negatively affected Kenya export of the products as DI fees and it's process including the delays is extremely high and increases the cost of the products.  
Resolution status note: The issue was discussed between the CEO of KEBs and UNBSs and resolved.
It was an operational issue arising from the use of the wrong standard.
 
NTB-001-041 3. Technical barriers to trade (TBT)
B6: Product identity requirement
2021-11-04 South Africa: Beit Bridge Zimbabwe Resolved
2021-11-22
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Complaint: South Africa Port Health officials demanding an extended description on one of our products. The product is a sweet type described as Apricots on both packaging and invoice but the officials want us to have the packaging written Apricots sweets. We have been exporting the sweet to South Africa for more than 5 years.  
Resolution status note: The company had been allowed to export its consignment to South Africa after removing prohibited products. The NTB was resolved are following required procedures  
Products: 2008.50: Apricots, prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit (excl. preserved with sugar but not laid in syrup, jams, fruit jellies, marmalades, fruit purée and pastes, obtained by cooking)  
NTB-001-062 3. Technical barriers to trade (TBT)
B31: Labelling requirements
2022-03-22 South Africa: Beit Bridge Zimbabwe Resolved
2022-06-13
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Complaint: Our Company is experiencing discretional acceptance of labelling of Arenel sweets by Port Health South Africa. We export jelly sweets among other products to the Republic of South Africa and our packaging has a sticker written “Jelly Babies” and does not state the word “Sweets”. The majority of sweets sold in the importing country (RSA) have similar packaging. On the 22nd of March 2022 our truck was stopped by Port Health South Africa at Beitbridge Border Post and the officials demanded that our truck return to Zimbabwe with the full load because the product labelling does not conform to the importing country`s labelling requirements. It seems there is no uniformity in the Port Health officials at Beit Bridge Border Posts are accepting labelling requirements for sweets entering RSA.  
Resolution status note: The SA Port Health Authority committed issued Arenel with a six months exemption ( 13 June - 13 December 2022) to continue with their exports to South Africa of apricots and jelly sweets.  
NTB-001-094 3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade
2022-12-12 Mozambique: South Africa Resolved
2024-05-08
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Complaint: We have been applying for a Vet Import Permit to export Nestle Allegra to Mozambique as it has been treated as a dairy product. Nestle Allegra is a non-dairy product and we would like it to be exempt from Vet import permit and treated as non-dairy.

There hasn't been any incident to date. and we cannot quantify the cost. Because the product is treated as a dairy product, it must go through process of vet import permit which delays trade of product. so the cost is indirectly/directly linked to the trade delays which impact working capital cycle.
 
Resolution status note: It was raised as a suggestion, so it can be considered resolved.  
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
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Complaint: 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.
 
Resolution status note: 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.  
NTB-001-143 3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT
Policy/Regulatory
2023-09-22 Kenya: Namanga Tanzania Resolved
2024-07-04
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Complaint: The consignment of Hermetic Bags manufactured by A to Z Textile Mills Ltd of Arusha Tanzania vide export invoice No. OE/7505/23-24 and Road Consignment Note No. 306 was seized by Kenyan Bureau of Standards (KEBS) and held for twenty (20) days as from 22nd September 2023 to 12th October 2023 against the Mutual Recognition arrangement of certified products in the community as per the dictates of SQMT Act of 2006.

The product is certified by Tanzania Bureau of Standard (TBS) as conforming to EAC standard EAS 985-1:2020 and given license No. 4290.

Test results of a sample collected by KEBS from the seized consignment proved that the product conforms to the requirements of the standard - EAS 985-1:2020.

The seizure by KEBS robbed the Tanzanian Company an opportunity to trade, delayed the transfer of goods to her client in Nairobi and loss of TZS 1,668,205/= paid for warehouse rent and reloading of the goods.

Seizure notice, Test results from KEBS, Invoice, Payment receipt and TBS letter to KEBS are attached for reference.

Therefore, I request Kenyan Authorities to;
i. Respect Mutual Recognition arrangement of certified products
ii. Refund the amount of money which was paid by the exporter for unjustifiable seizure of certified goods from Tanzania
 
Resolution status note: The NTB was resolved during the Bilateral meeting where both Parties agreed to adhere to the provisions of the SQMT Act and no Party should take any action without consultations with other standards bodies. Hence the demand for mutual recognition was addressed. The refund is still under consideration in the bilateral arrangements  
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