| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-567 |
1.1. Export subsidies |
2013-02-01 |
Kenya: Namanga |
Zambia |
Resolved
2013-02-27 |
View |
|
Complaint:
|
A consignment of sugar exported from Zambia to Kenya by Zambia Sugar has been delayed at the border for more than 20 days, and still has not been released. The COMESA secretariat has assisted in verifying the Certificate of origin that was apparently the initial reason for the delay. However the sugar has still not been processed for release |
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Resolution status note:
|
On 27 February 2013, the Coordinator Border Coordination Management, Kenya Revenue Authority advised that, upon
verification of the certificate of origin, all consignments of sugar exports from Zambia into Kenya were released by 23 February 2013. KRA submitted a status report to the Focal Point, Kenya, indicating specific release dates for individual consignmenet as evidence. |
|
|
NTB-000-421 |
7.8. Consular and Immigration Issues
Policy/Regulatory |
2011-07-07 |
Zambia: Chirundu |
Zimbabwe |
Resolved
2013-04-13 |
View |
|
Complaint:
|
A comercial truck driver's trip was rejected entry into Zambia ,the driver was rejected entry after the expected required number of days (90) allowed entry into Zambia had expired within a period of 12 months . The company was required to pay ZK 2 million for a three month permit. The fees are too exhobitant especially for small scale transport companies. Visa restriction on the movement of commercial vehicle drivers on duty have been experienced in Angola, Namibia, South Africa and Zambia. |
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Resolution status note:
|
Pursuant to the SADC transport Protocol signed by Heads of States on the 22nd August 1996 in Maseru, Lesotho and the Memorandum of Understanding (MoU) on Walvis Bay -Ndola-Lubumbashi Corridor signed in March 2010 in Livingstone, Zambia, Zambia directed all Regional Immigration Officers to issue one (01) year Transit Permit to all Foreign truck drivers. The Truck Drivers permit is issued in aacordance to section 32 ,Border Pass and Transit Permit of the Immigration Act of Zambia implememnted from 09 December 2011. |
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Products:
|
1511.10: Crude palm oil |
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NTB-000-145 |
2.7. International taxes and charges levied on imports and other tariff measures |
2009-07-27 |
Zimbabwe: Ministry of Agriculture |
South Africa |
Resolved
2011-06-09 |
View |
|
Complaint:
|
A 10% import levy is imposed on all agricultural products. |
|
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Resolution status note:
|
Zimbabwe reported that import levy has been suspended on all basic commodities most of which are agricultural in nature. |
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|
NTB-000-045 |
2.3. Issues related to the rules of origin |
2004-05-28 |
Zambia: Zambia Revenue Authority |
Malawi |
Resolved
2010-11-22 |
View |
|
Complaint:
|
: Non adherence of 35% value added |
|
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Products:
|
8716.39: Trailers and semi-trailers for the transport of goods, not designed for running on rails (excl. self-loading or self-unloading trailers and semi-trailers for agricultural purposes and tanker trailers and tanker semi-trailers) |
|
|
NTB-000-031 |
2.3. Issues related to the rules of origin |
2008-12-23 |
Egypt: Ministry of Trade |
Uganda |
Resolved
2009-02-04 |
View |
|
Complaint:
|
: Authorisation fees for endorsement of COMESA Certificate of Origin
Uganda has complained that Egypt authorities require that Certificates of Origin be endorsed by the Egyptian Embassy in Kampala before dispatch of the goods |
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Resolution status note:
|
Issue was resolved through COMESA Customs and Trade Committee |
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|
NTB-000-279 |
5.6. Proportion restrictions of foreign to domestic goods (local content requirement)
Policy/Regulatory |
2009-09-08 |
Namibia: Ministry of Agriculture |
Namibia |
Resolved
2011-05-11 |
View |
|
Complaint:
|
3% of the horticulture produce purchases in Namibia need to be locally sourced before any imports are allowed (as from October 2004) |
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Resolution status note:
|
Namibia explained that this is a trade measure and not NTB. The resolution is that only 25% of all horticulture produce has to be sourced in Namibia; however, this figure is determined by the industry themselves. |
|
|
NTB-000-051 |
2.7. International taxes and charges levied on imports and other tariff measures |
2004-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2011-07-28 |
View |
|
Complaint:
|
25% excise duty on laundry soap.
Kenya complained that Malawian Government charge 25% excise duty on imports of laundry soap. |
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Resolution status note:
|
At their meeting held on 29 August 2011, Kenya NMC reported that consultations had taken place between the Ministers of Trade of the two coutries which resolved the matter. |
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Products:
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3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
|
|
NTB-000-052 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2012-05-30 |
View |
|
Complaint:
|
25% excise duty on edible oils
Kenya complained that Malawian Government charge 25% excise duty on imports of edible oils. |
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Resolution status note:
|
At the NTBs SMS launch meeting hel on 09 April 2013, Malawi reported that this issue had been resolved and confirmed that Malawi chrges a duty of 20 percent which is is applied to both local and imported commodities hence its non discriminatory, therefore not an NTB. |
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Products:
|
1511.90: Palm oil and its fractions, whether or not refined (excl. chemically modified and crude) |
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|
NTB-000-052 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2012-05-30 |
View |
|
Complaint:
|
25% excise duty on edible oils
Kenya complained that Malawian Government charge 25% excise duty on imports of edible oils. |
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Resolution status note:
|
Malawi reported that the excise tax was non- discriminatory |
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|
Products:
|
1511.90: Palm oil and its fractions, whether or not refined (excl. chemically modified and crude) |
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|
NTB-000-801 |
2.6. Additional taxes and other charges |
2018-02-28 |
Zambia: Ministry of Trade. |
Malawi |
Resolved
2019-08-20 |
View |
|
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. |
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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. |
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NTB-000-801 |
2.6. Additional taxes and other charges |
2018-02-28 |
Zambia: Ministry of Trade. |
Malawi |
Resolved
2019-08-20 |
View |
|
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. |
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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. |
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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:
|
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-000-393 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2011-02-14 |
Mozambique: Maputo Port |
Mozambique |
Resolved
2012-04-26 |
View |
|
Complaint:
|
- 418 containers (+/- 600 TEU which accounts for about 100% market share for transit business according to DP World statistics) between Maputo and the Hinterland (mainly Zimbabwe) under the Through Bill of Lading product were moved from April to December.
- The average dwell time (from discharge move to the day when the containers leave the port) is approximately 31 days
- The port grants us 10 days freetime for storage, i.e. companies pay on average 21 days storage at a rate of USD 14/day (21*14*600 = USD 176,400 in storage)
- Under normal circumstances companies would also be liable for the equipment cost to the shipping line in the form of demurrage and detention. Currently for transit USD 50 per day after day 30 (it varies slightly from shipping line to shipping line). If we add another 7 days transit to the dwell time, plus 5 days for clearance/delivery in Zimbabwe and 7 days empty return of the container into port we look at a total equipment turnaround time of 50 days from discharge to empty return, i.e. 20 days of DMR/DET or in monetary terms USD 600,000 for 600 containers only over a period of less than 12 months.
- This means that Mozambique adds USD 1,294 per TEU of extra costs on the Maputo corridor due. The bill is picked up by the end consumer in the Hinterland of course as most of the costs are passed on.
The underlying problem is DIPLOMA 10/2002 30.01. (attached is the English translation) which states that rail is NOT a bonded mode of transport (Article 1 - Conveying unit c, Railroad carriages or wagons) and that one needs to give customs a guarantee 'determined on the risk offered for the revenue' (Article 4.1) for cargo in transit (Article 4.2a). The legislation then gives two options to register a guarantee with customs: 1. Isolated Guarantee (Article 6) and 2. Global Guarantee (Article 7). For container transit on a large scale only a global guarantee is an option as it allows for the ongoing movement of cargo without registering individual guarantees for each container. The maximum 'valor aduaneiro' (customs value) is USD 2,000,000 for a USD 150,000 USD deposit/bank guarantee/insurance bond (Article 7.1), but the general director of customs can increase the ceiling 'by application of the interested, taking into account the risk involved for the revenue, resulting from the customs record of the interested, ...' (Article 7.2).
Customs interprets the risk value ('valor aduaneiro', risk offered to the revenue) as the cargo's CIF value. We inquired several times what the logic behind this is as the CIF value is far from the actual risk for revenue. It must be duties and VAT. Customs refuses and refers to some other legislation or directive which clearly indicates that customs risk value is CIF value.
Attempts to increase the ceiling of the bond to move more than USD 2,000,000 of CIF value under a global guarantee were rejected based on the grounds that it is not possible for to do this for ongoing container traffic with several consignees in the Hinterland.
We also attempted to get rail exempted from the bond requirement based on the low risk. This was also rejected several times albeit CFM agree that rail should be exempted from bond. Customs couldn’t remember though that they ever agreed to this.
Further, they deduct the CIF value from the bond balance once the clearance process starts until the documents are returned from the border. This ties the value up for a period of about 60 days and does extend the period of which containers are considered to be under risk unnecessarily.
The current procedure basically stops transit movements for imports on a large scale (read: modern container traffic). |
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|
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,, Mozambique reported following progress towards resolution of the NTB:
a) That the legislation regarding the transit of cargo through Mozambique was under revision and it was
expected that a new legislation would come into force by end of June 2012.
b) That the signal windows electronic system was being implemented in Maputo port. It had been tested in
the Beira and Nacala ports, which should be fully operational by end of June.
c) This system would also have a module to control the bank guarantees which was expected to be released
as soon as the cargo crosses the border.
A tracking system woul be implemented shortly to improve the control of the cargo.
The meeting accepted Mozambique submission too consider the NTB resolved. |
|
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Products:
|
8506.50: Lithium cells and batteries (excl. spent) |
|
|
NTB-000-968 |
1.7. Discriminatory or flawed government procurement policies |
2020-01-10 |
Tanzania: Government Chemists & Lab Allied (GLCA) |
Kenya |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Chemical Transport Permit for vehicles transporting Kenya’s carbon dioxide (food grade) is classified as a chemical in Tanzania (C02) The license to transport chemicals into Tanzania costs approx. US$ 2/mt. So for trucks which are usually approx. 20mt, are required to pay US$ 40 per truck. The license is issued by GCLA. |
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Resolution status note:
|
During the RMC meeting held on 1 September 2020 , the Secretariat advised that the East African Community Vehicle Load Control Act of 2016 Article 9 read together with the East African Community Vehicle Load Control (Special Loads) Regulations, 2018 Article 12 provides for special categories of vehicle loads that shall only be transported through the Regional Trunk Road Network if a special permit has been issued by the Minister of the relevant Partner State. Carbon dioxide is a chemical that is classified under the Industrial and consumer chemical (Management and Control) Act (pg 55) as hazardous loads and hence needs a special permit to be transported.
The small service fee charged is non-discriminatory and is provided for by Law. Therefore this is not an NTB and should be resolved. |
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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
|
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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 |
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