Resolved complaints

Showing items 81 to 100 of 658
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
COMESA
EAC
SADC
Status Actions
NTB-000-775 2.8. Lengthy and costly customs clearance procedures 2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-11-16
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Complaint: It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process.  
Resolution status note: The SCTIFI meeting held on 16 November 2018 was informed that this NTB had been resolved.  
NTB-000-774 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of paper sacks manufactured in Kenya and exported into Uganda  
Resolution status note: During the SCTIFI meeting held on 16 November 2018, Uganda reported that the NTB was resolved for Companies that are not under Duty remission.  
NTB-000-773 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya Resolved
2019-05-03
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Complaint: Lack of preferential treatment of packaging materials for beverages i.e. juice, milk etc manufactured in Kenya when exported into Uganda.  
Resolution status note: Kenya informed the 27th Regional Monitoring Committee meeting on 3rd May 2019 that Uganda is now recognising the packaging materials from Kenya.

The NTB was resolved.
 
NTB-000-772 1.14. Lack of coordination between government institutions
Policy/Regulatory
2017-05-05 Tanzania: Ministry of Works, Transport & Communication Kenya Resolved
2018-01-17
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Complaint: Tanzania are charging railway development levy (RDL) to Kenya products. Tanzania is not adhering to the EAC law where it states clearly that products within the EAC should not be subjected to RDL
 
Resolution status note: During the Bilateral meeting that took place in January 2018, the Permanent/ principal Secretaries took note that Tanzania does not levy RDL on products originating in the EAC region. And hence the NTB was Resolved.  
NTB-000-770 7.4. Costly procedures 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance.
 
Resolution status note: During SCTIFI meeting held on 16 November 2018, Tanzania reported that since the commencement of the SCT, goods are not verified at the border and hence there are no more delays. NTB was therefore resolved  
NTB-000-767 7.4. Costly procedures 2017-05-05 Tanzania: Tanzania Food and Drugs Authority Kenya Resolved
2019-04-30
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Complaint: TFDA delays issuance of registration certificate causing Kenyan companies to lose out on trade. The finalization of the accepted label can take between 3-12 months. This additionally increase the cost of doing business as a manufacturer would have to pay certification fees more than three times to have one label approved due to the deadlines imposed in terms of getting labels approved. Kenya products have been stranded at the borders or manufacturers warehouse because they have not passed TFDA requirements.  
Resolution status note: Tanzania informed the Regional Monitoring Committee meeting on 3rd May 2019, that TFDA had reduced the certification period from 3- 12 months to 45 days as per international requirements. She observed that most delays were caused by late submission of required information by agents at the time of processing the registration and therefore urged Partner States to respond to queries logged on them on time , to avoid unnecessary delays.  
NTB-000-766 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Food and Drugs Authority Kenya Resolved
2019-04-27
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Complaint: Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products.  
Resolution status note: During the bilateral Meeting held from 23- 27 April 2019, Tanzania reported that what is required is not the formula but the ingridients/composition contained in the product and it is an international requirement. Tanzania was of the view that the NTB should tabled during the meeting of the Standards committee where food and drugs experts are members.
However, the Meeting agreed that this NTB is resolved.
 
NTB-000-765 2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2019-08-21
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Complaint: Tanzania does not recognize price adjustments for duty purposes particularly the reduction by milk processors in Kenya.  
Resolution status note: During the Regional Monitoring Committee meeting of 2018, Tanzania reported that, this is not an NTB but a valuation issue that can be resolved between the revenue authority and the importer. KRA and TRA were therefore quested to hold a bilateral meeting to resolve the matter by 21st November 2018.2. The Regional meeting held from 29 April - 3 May 2019 referred the matter to the Committee on Customs for resolution.  
NTB-000-764 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Bureau of Standards Kenya Resolved
2018-02-09
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Complaint:
Tanzania does not recognize quality marks issued by Kenya authorities despite the fact that Partner States are implementing harmonized regional standards. Tanzania expects all products imported into that country to meet Tanzania standards.
 
Resolution status note: During the Extra Orinally SCTIFI that sat in February, 2018, Tanzania reported that they recognise quality marks on products from other EAC Partner States. Hence this NTB is resolved.  
NTB-000-763 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya Resolved
2019-01-14
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Complaint: Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda.  
Resolution status note: The Secretariat reported that the SCTIFI meeting was informed that Uganda provides preferential treatment. The matter is therefore resolved  
NTB-000-762 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania  
Resolution status note: During SCTIFI meeting held on 16 November 2018, Kenya reported that stay of application ended on 30th June, 2018 and there was no extension for the same. The NTB was therefore resolved.  
NTB-000-761 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Uganda  
Resolution status note: The SCTIFI meeting held on 16 November 2018 was informed that the stay of application on textile and apparels expired on 30th June 2018 and was not renewed

The NTB was resolved by the Committee on Customs (CoC) .
 
NTB-000-760 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2019-10-16
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Complaint: Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not.  
Resolution status note: During the Bilateral Meeting held on 27th April 2019, both Kenya and Tanzania, Tanzania reported that Cement transfered from Kenya is granted preferential treatment which was disputed by Kenya. The Tanzania Revenue Authority agreed to provide feedback in one week. The meeting was informed by the Secretariat that the NTB was resolved during the CoC meeting of April 2019.  
NTB-000-760 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2019-10-16
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Complaint: Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not.  
Resolution status note: During the Regional meeting held on 16th October, 2019 it was agreed that the complaint that says, "Kenya further reported that, in addition, Tanzania has introduced another requirement whereby before Kenya export cement, Kenya manufacturers need to send a sample of cement to Tanzania Government chemist for sampling. This is causing delays and it's costly to test and to take samples to Tanzania. This is really frustrating cement from Kenya." should be deleted from the system as Kenya could not provide evidence on the same.  
NTB-000-758 6.5. Variable levies
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-11-16
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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: During the SCTIFI meeting held on 16 November 2018, 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.  
NTB-000-757 2.8. Lengthy and costly customs clearance procedures 2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-05-12
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Complaint: Long lead time to confirm paid taxes; for exports into Tanzania once entries have been lodged and taxes paid, it takes 1 week for Tanzania Revenue Authority to confirm that taxes have been paid. The process of confirmation is supposed to take 1 day.  
Resolution status note: The 25th EAC NTBs Forum held from 9-12 May 2018,was informed that this matter had been resolved by the bilateral meeting between URT and Kenya.  
NTB-000-756 8.7. Costly Road user charges /fees 2017-05-05 Kenya: Kaijado County Burundi Resolved
2019-08-21
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Complaint: Namanga/Kajiado County charges 2,000 Ksh for all Burundi cargo trucks transiting Kenya  
Resolution status note: During the Focal Points meeting held on 19- 21 august 2019, Kenya reported that this NTB had been resolved. Kajiado County no longer charges the 2000Ksh for Burundin cargo. Burundi confirmed that although they had confirmation of the charge for June 2019, there had not been any further charges in from July 2019 . However, both countries will continue to monitor . This NTB is therefore resolved .  
NTB-000-750 8.8. Issues related to transit 2017-03-01 Zambia: On the road Zambia Resolved
2018-01-25
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Complaint: There are approximately 600 hundreds trucks ferrying "mukula" logs legally from DRCongo. The loads had genuine documents from Congo and the trucks were checked at kasumbalesa border upon entry to Zambian soil.
We understand that Zambia banned mukula harvesting within its territories but the activity is not banned in Congo. it is unfortunate that the trucks from Tanzania underwent the legal custom check at the border only to be impounded through an impromptu statutory instrument. The drivers and their drivers have been living under deplorable condition with their employing companies not only going through loss by way of their trucks staying idle but also through regular upkeep of their employees.

It also unfortunate that after impounding the said trucks, the relevant authorities in Zambian kept quiet. No meaningful willingness to resolve the issue has been portrayed by the relevant authorities in question. Going by SADC protocol on transit/transportation protocol there is evidence of breach/contravention of the same.

We wish to see a quick resolution of the matter to mitigate the pangs of the losses companies are making and hence the respective governments from which the same operates under.

We do need each other and we'll always need each other owing the same to globalization.
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that all 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products. Therefore, this NTB should was resolved.  
NTB-000-748 2.10. Inadequate or unreasonable customs procedures and charges 2017-05-03 Zambia: Chirundu Zambia Resolved
2018-01-25
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Complaint: There is congestion at Chirundu border as a result of the attached notice which was issued by Zambia Revenue Authority The notice advised Zambian Agents that starting 1 May 2017 no truck shall enter the Zambian scanner without the Zambian bill of entry (stamped or not stamped). Fast lane trucks must not exit the border without having the entry registered.

Below is a report from our team on the ground-

Challenges we have noticed today 09 May 2017 are that,
• It has led to chaos on the Zambian side where some trucks have arrived not registered and have clogged trucks on the queue to the scanner. Some trucks are forced to park until these trucks have been registered because there is nowhere they can move to.
• ZIMRA is not aware and were not prepared for this, although I met the bonds office and had a conversation about this before 1 May they were waiting for an official document from their colleagues which never came until yesterday when ZRA informed ZIMRA that this is the development on the Zambian side.
• Zambian importers/agents who have outstanding issues with customs or waiting for clearance instructions (agent & importer) have affected trucks which arrives while these issues are still pending, therefore trucks for these importers/agents will not be cleared and will block other trucks which were precleared leading to delays.
• Some transporters not preclearing the loads hence leading to chaos at the scanner.
• No parking space before trucks reach the scanner, only 20 trucks are accommodated there thereby leading to a queue/congestion on the Zimbabwean side.
• Transit trucks getting late while on the queue leading to late acquittal issues.

I checked on the queue (Zim side) and noticed that,
• There are 67 trucks queuing from the ZIMRA gate to Shashe area
• The queue is 1.7km long
• At the Zambian scanner trucks which are there are less than 25.
• 95% of trucks on the queue are high risk (those that pass through the scanner).
 
Resolution status note: On 25 January 2018, Zambia Focal Point reported that The requirement was now being well managed and the congestion it could have caused had been eliminated. The NTb is therefore resolved.  
NTB-000-747 8.8. Issues related to transit 2017-05-03 Zambia: Several Locations in Zambia South Africa Resolved
2019-08-21
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Complaint: There are plus minus 540 trucks loaded with Mukula Wood which were loaded in the DRC, impounded by the Zambian Government in Zambia.

There is another plus minus 600 trucks still on the DRC side which have been refused entry through Zambia. These 540 trucks impounded in Zambia have been there for approximately 60 to 70 days in all different areas of the country, in the middle of the bush without any water, sanitation or access to supplies.

There has already been incidence of drivers having to leave their trucks in critical condition with malaria and other drivers with diabetes that have run out of medication, as well as a driver who suffered a stroke this morning at Kafue.

The goods were loaded in Lubambashi and other areas in the DRC and the wood is in transit through Zambia to various Ports in Namibia, South Africa, Tanzania and Mozambique.

No Seizure Notices of any sort have been given to the drivers, they trucks were impounded by the Zambian National Services and according to them it comes from the top and their hands are tied.

Last week Friday 28 April, a contingent of around 28 transporters and exporters from the DRC met with the Zambian Director of Lands to try and resolve this matter and after discussion, he informed us that there were two teams travelling around the country to verify the cargoes and endeavour to get them released.

After this meeting we met with the Permanent Secretary’s Office in Lusaka and demanded a meeting. Whereafter, we had a consultation lasting approximately 1.5 hours. The Secretary assured us that two teams had been appointed to the task of travelling around Zambia with the aim of releasing the impounded vehicles.

We brought to his attention the inhumane conditions in which these drivers have been detained and although he empathized he didn’t seem overly concerned about their plight.

On the same day, Friday a team had to be rushed to Nkonde Border between Zambia and Tanzania where there were about 110 trucks stuck on the Zambian side as Tanzania had temporarily closed the border due to the discontent on the drivers. The Secretary told us these trucks would be released the same day but until now, nothing has happened and the trucks are still there.

The 180 trucks stuck at the Kasumbalesa Border between DRC and Zambia on the Zambian side which were inspected and verified on Sunday are still stuck there and no one has been released and ZNS are not telling the drivers why they have not been released.

We estimate that there is in the region of 80-90 South Africa trucks being detained and the rest comprise of Zambian, Tanzanian, Botswana and Namibia trucks.

As you can imagine this has caused chaos with the Transporters as the banks are not getting paid and people are losing their businesses because of the dire situation. We need urgent intervention to prevent any further destruction of our businesses and the welfare of our drivers.

We have this minute been informed by drivers on the Zambian/Tanzania Border on the Zambian Side, that plus minus 250 trucks have been locked and surrounded by the Zambian Army and the drivers told to go home until further notice.

NOT ONE TRUCK HAS BEEN ALLOWED TO LEAVE.
 
Resolution status note: During the meeting of NTB Focal Points held on 19- 21 august 2019, Zambia Focal point confirmed the report that All 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products.  
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