Resolved complaints

Showing items 81 to 100 of 135
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-000-861 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga 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 the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:
i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.
ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ by 30th June 2018.
The stay of application by Kenya ended on 30th June, 2018 and there was no extension for the same. Republic of Kenya through her letter ref.EAC/5/16/3/Vol.9(130) dated 22nd August, 2018 reported that United Repubic of Tanzania is denying preferential tariff treatment on textiles.
The issue was resolved by CoC
 
NTB-000-872 2.3. Issues related to the rules of origin 2017-05-05 Seychelles: TRA Kenya Resolved
2018-05-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania.  
Resolution status note: During the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:
i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.
ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ by 30th June 2018.
The stay of application by Kenya ended on 30th June, 2018 and there was no extension for the same. Republic of Kenya through her letter ref.EAC/5/16/3/Vol.9(130) dated 22nd August, 2018 reported that United Repubic of Tanzania is denying preferential tariff treatment on textiles.
Tanzania reported that the issue was resolved by the CoC.
 
NTB-000-873 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: TRA Kenya Resolved
2018-11-16
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Complaint: Tanzania Denial of Preferential Tariff Treatment on Printed Labels exported from Kenya.
Tanzania does not offer Preferential Tariff Treatment on Printed Labels transfered from from Kenya.
 
Resolution status note: The issue happened in February, 2018. Tanzania indicated that there was an issue on RoO and required verification. Kenya reported that there was an error on one of the CoO and thus caused the doubt on the RoO. Tanzania has not initiated verification procedures to-date.The EAC Secretariat received communication from Kenya with evidence that Tanzania still charges duty. The issue was resolved during Committee on Customs.  
NTB-000-874 2.6. Additional taxes and other charges 2017-05-05 Tanzania: Tunduma Rwanda Resolved
2018-11-16
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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
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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: 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-000-807 2.3. Issues related to the rules of origin 2017-06-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-05-12
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Complaint: Denial of preferential treatment on automotive products manufactured in Kenya by Toyota Tsusho East Africa Ltd. (TTEA) when exported to Tanzania i.e. for both Toyota Land cruiser 79 pickups and Hino trucks and buses. The products are being subjected to full CET duties.  
Resolution status note: During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Tanzania reported that she observed EAC RoO on Motor vehicles which grants preferential treatment for automotive products assembled in EAC Partner States. Kenya reported during the Forum that this issue was resolved.  
NTB-000-808 2.3. Issues related to the rules of origin 2017-06-01 Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of Edible Oil and products manufactured in Kenya by all edible oil manufacturers in Kenya when exported to Tanzania. The products are being subjected to full CET duties by Rwanda and Tanzania.  
Resolution status note: The SCTIFI in November, 2018 was informed that where the certificate of origin is queried, goods should not be stopped from moving but the custom administration should call for a bond as security of the goods until the verification exercise is complete.

Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Separation of materials) of the EAC Rules of Origin.

Kenya reported that the NTB for Lubricants & edible oils has been resolved.
 
NTB-000-899 6.2. Administrative fees 2017-07-28 Tanzania: TFDA Kenya Resolved
2019-08-14
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Complaint: TFDA (Tanzania Foods & Drugs Authority) imposes a 1.5% fees on FOB value on all imports (food, drugs & cosmetics). This is badly hurting local and regional trade as well as local manufacturers.  
Resolution status note: The Extra Ordinary SCTIFI of August 2019 noted that since TFDA had been dissolved, there is no more fees paid to TFDA. Hence the NTB was resolved.  
NTB-000-810 8.7. Costly Road user charges /fees 2017-10-02 Tanzania: Tunduma Rwanda Resolved
2018-10-31
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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: The Committee on Customs during its meeting in May noted that 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 Regional Forum on NTBs at its meeting in October, 2018 was informed that Trucks to Kigali are no longer required to have escorts.

The NTB was resolved.
 
NTB-000-800 2.3. Issues related to the rules of origin 2017-11-01 Resolved
2019-10-15
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Complaint: Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar.

EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
 
Resolution status note: The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved.  
NTB-000-812 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2017-11-17 Tanzania: Tunduma Rwanda Resolved
2018-11-16
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Complaint: Delays in releasing trucks at Tunduma & Rusumo border post by Tanzania Revenue Authority (TRA) as a result of manual lodging of import documents  
Resolution status note: The NTB was resolved during the meeting of SCTIFI of 16th November,2018  
NTB-000-866 2.3. Issues related to the rules of origin 2017-11-17 Tanzania: Tunduma Rwanda Resolved
2018-11-16
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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 later on gazetted vide Legal Notice No. 48 of 10th May, 2018. and hence the NTB reswolved.
 
NTB-000-799 2.6. Additional taxes and other charges
Policy/Regulatory
2018-01-08 Kenya: Namanga Resolved
2018-11-16
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Complaint: Tanzania does not give preferential treatment to printed labels manufactured in Kenya by SKANEM LTD and exported into Tanzania. Entry No.TZNG18-1016642. Export suspended.  
Resolution status note: During the SCTIFI meeting held on 16 November2018, Tanzania and Kenya reported that the two Partner States had
identified and resolved the issues causing the NTB
 
Products: 4821.90: Paper or paperboard labels of all kinds, non-printed  
NTB-000-835 8.1. Government Policy and regulations
Policy/Regulatory
2018-01-19 Tanzania: Namanga Kenya Resolved
2019-05-03
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Complaint: KNCCI as a business membership organization, is in receipt of complaints that the chemical sector is being requested by the United Republic of Tanzania to:
1. Pay Tshs 90,000 equivalent to Kshs 4,500 annually for the Government Chemical Laboratory Transport Permit to allow them to transport their chemical products to their customers. The permit takes about 3 weeks for it to be approved
2. Register the companies in Tanzania and to use Tanzanian registered Vehicles instead of Kenyan registered vehicles to transport their products to the customers
The above is in addition to the import tax that the companies pay hence it is felt that these are additional costs being levied on the manufacturers/exporters
 
Resolution status note: anzania informed the Regional Monitoring Committee on 3rd May, 2019 that:
1. According to the EAC vehicle load Act 2016, the permit is mandatory and hence is not an NTB.
2. The permit is now issued immediatly and is online since 1st April, 2019 www.portal.gcla.go.tz; www.gcla.go.tz
3. Registration of the transporter is mandatory in Tanzania due to the sensitivity of the goods and public health. This is a regional and international requirement.
4. GCLA does not require other Partner States to use Tanzania registered vehicles when transporting chemicals into Tanzania. It is the Company that needs to be registered by GCLA.
The meeting agreed that all Partner States should sensitze their business community on the requirements for the transportation and handling of Chemicals in region in accordance with Regional and International Laws.
The NTB was resolved.
 
NTB-000-816 1.1. Export subsidies 2018-03-01 Tanzania: Tanzania Revenue Authorities Kenya Resolved
2019-10-15
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Complaint: LACK OF PREFERENTIAL TREATMENT CONFECTIONERY PRODUCTS FROM KENYA BY TANZANIA  
Resolution status note: During the Regional Monitoring Committee held on 14th October, 2019 Tanzania has implemented the recommendations of the verification mission on confectionaries. Hence the NTB is resolved.  
NTB-001-037 1.7. Discriminatory or flawed government procurement policies 2018-03-01 Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES Kenya Resolved
2022-11-03
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Complaint: Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.

Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.

URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.

This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
 
Resolution status note: During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme.  
NTB-000-892 2.8. Lengthy and costly customs clearance procedures 2018-07-01 Kenya: Namanga Tanzania Resolved
2019-04-10
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Complaint: KRA has issued a public notice which introduced Single Custom entry clearance which increases cost of doing business.
The new system affects Tanzania traders by increasing cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. Therefore to clear 100 trucks it cost Kshs 850,000/-.
 
Resolution status note: The NTB was discussed in the CoC and agreed that the SCT TWG should analyse the risks of making one bulk declaration and cost implications of multiple declarations. The TWG should work out a mechanism for knocking off cargo.
The Secretariat informed the meeting that the TWG on SCT will develop a framework to knock off cargo in the customs clearance system from 11th - 15th Dec 2018.
The matter was resolved by the CoC in April 2019
 
NTB-000-852 2.6. Additional taxes and other charges 2018-07-05 Tanzania: Ministry of LiveStock Kenya Resolved
2018-11-16
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Complaint: Increase of Import and Export fees on animal and animal products by Tanzania. Tanzania has amended the “Animals & Animal Products Movement Control (Amended) Regulations, 2018” that has increased the charges.  
Resolution status note: The CoC guided that:-
Refer the imposition of additional levies under the animal diseases (Livestock Markets) Regulations, 2018 by URT under Government Notice 476 of 31st August 2018 to SCTIFI.

The Secretariat guided that where national laws impose levies on imports and exports, this should not apply to goods originating within the EAC.

URT informed the meeting that such charges exist in other Partner States.

The SCTIFI meeting agreedthat this guidance should therefore be applicable to all Partner States.

The matter was resolved.
 
NTB-001-033 1.8. Import bans 2018-08-01 Tanzania: Tanzania Ministry of Livestock Development and Fisheries Kenya Resolved
2021-10-14
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Complaint: Tanzania denial of Permission for importation of Turkey meat into Tanzania and instead decline approval of permit and ask local distributors to source it locally in Tanzania.  
Resolution status note: Transfer of meat and meat products to Tanzania is allowed, reference is made to the importation permit issued on 24th August, 2021 (Which is attached by the importer). Also, The Animal and Animal products Movement Regulations, GN 489 published on 29th June, 2020 does not prohibit transfer of turkey meat to Tanzania. There is no evidence attached by importer to show that turkey meat from Kenya was denied market in Tanzania. Hence this is not an NTB.  
NTB-000-851 1.4. Preference given to domestic bidders/suppliers 2018-08-09 Tanzania: Ministry of Livestock Kenya Resolved
2018-11-16
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Complaint: Discrimination of beef products by Tanzania where Tanzanians are advised to source beef locally.  
Resolution status note: Tanzania informed the SCTIF meeting that the importer was advised and was given an import permit.

The Meeting agreed that this NTB is resolved.
 
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