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-000-779 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Kenya: Kenya Revenue Authority Tanzania Resolved
2017-10-02
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Complaint: Kenya does not give preferential treatment for wheat flour from Tanzania.  
Resolution status note: During the Bilateral meeting held in September between Kenya and Tanzania, Kenya reported that AZAM company was gazzeted for the duty remission to produce specific products. According to the evidence produced by Tanzania the Tanzania exporter was gazzeted on 14th July, 2017 but the denial of market access to their client in Kenya is said to have happened on 10th February, 2017 before the gazettement. This NTB was therefore resolved.  
NTB-000-853 2.3. Issues related to the rules of origin 2017-05-05 Uganda: Busia Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of paper sacks manufactured in Kenya and transfered to Uganda
 
Resolution status note: This NTB was resolved by the Committee on Customs. The Meeting recalled that the matter was considered and resolved that URT grants preferential treatment on paper sacks. The Meeting agreed that paper sacks should be granted preferential market access.

The matter was resolved.
 
NTB-000-859 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 to Kenyan products especiallly edible oils and lubricants  
Resolution status note: During the bilateral between Kenya and URT in January 2018, It was agreed that TRA will carry out verification on the rules of origin for lubricants, edible oil and cement. The verification will be undertaken by 31st March 2018.
Where the certificate of origin is queried, the custom administration should call for a bond as security of the goods until the verification exercise is complete. The Extra Ordinary SCTIFI that sat in February, 2018 directed that the EAC Secretariat coordinates a verification mission on edible oils, cement, lubricants in Kenya by 31st March 2018. URT reported that the verification could not be undertaken due to financial shortcomings. URT committed to undertake the consultation since this matter has financial implications. A verification was undertaken from 18th to 23rd June,2018 and the findings were communicated to all Partner States for implementation.
Kenya reported that URT has not complied with the recommendations of the Verification
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Sepration of materials) of the EAC Rules of Origin. Kenya reported that the NTB for Lubricants & edible oils has been resolved.
 
NTB-000-860 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 the Customs Committee.
 
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-000-870 8.8. Issues related to transit 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: The NTB was resolved by the CoC.  
NTB-000-871 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2017-11-16
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Complaint: Lack of preferential treatment to Kenyan products especiallly edible oils and lubricants  
Resolution status note: During the bilateral between Kenya and URT in January 2018, It was agreed that TRA will carry out verification on the rules of origin for lubricants, edible oil and cement. The verification will be undertaken by 31st March 2018.
Where the certificate of origin is queried, the custom administration should call for a bond as security of the goods until the verification exercise is complete. The Extra Ordinary SCTIFI that sat in February, 2018 directed that the EAC Secretariat coordinates a verification mission on edible oils, cement, lubricants in Kenya by 31st March 2018. URT reported that the verification could not be undertaken due to financial shortcomings. URT committed to undertake the consultation since this matter has financial implications. A verification was undertaken from 18th to 23rd June,2018 and the findings were communicated to all Partner States for implementation.
Kenya reported that URT has not complied with the recommendations of the Verification
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Sepration of materials) of the EAC Rules of Origin. Kenya reported that the NTB for Lubricants & edible oils has been resolved.
 
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-000-875 2.3. Issues related to the rules of origin 2017-05-05 Uganda: KRA Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas Manufacturers Ltd in Kenya and exported into Uganda.  
Resolution status note: Uganda had reported that the Company manufacturing them was under duty remission regime and hence should attract full CET.
Kenya reported that it is not under duty remission scheme. Uganda confirmed that the company is not on duty remission and the Uganda Revenue Authority has started granting preferential Treatment.
 
NTB-000-876 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: TRA Kenya Resolved
2018-05-05
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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 NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The NTB was resolved.  
NTB-000-877 2.3. Issues related to the rules of origin 2017-05-05 Uganda: URA Kenya Resolved
2018-11-16
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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 meeting was informed that Uganda provides preferential treatment.

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-000-747 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.  
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-000-746 2.3. Issues related to the rules of origin 2017-03-17 Kenya: Mombasa sea port Mauritius Resolved
2019-04-25
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Complaint: Customs in Kenya are not accepting the COMESA certificate of origin which has been issued by the Competent Authority in Mauritius based on the "value addition" rule. While all criteria and conditions have been met to comply with the "value addition" rule, officials from the Kenyan Revenue Authority have blocked the consignments of refined sugar which were duly accompanied by a COMESA certificate of origin.  
Resolution status note: On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access.
 
Products: 1701.99: Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar containing added flavouring or colouring and raw sugar)  
NTB-000-737 7.4. Costly procedures 2017-03-01 South Africa Resolved
2019-08-21
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Complaint: KBP company who constructed the new border between Zambia and DRC , about 6 years or so ago pegged crossing fees at $100/truck for the Zambia side and $100 for DRC side. The same charge is levied for the return journey therefore transporters pay total crossing fees of $400/truck for a round trip .Further , parking fees of $25/truck/day are enforced for units that stay over 24 hours in the parking bay. These fees were justified at the beginning as these were to modernize the border. However, the transport rates have tumbled by as much as 40 % and we all now have to look at cutting costs.

Taking into account the number of vehicle crossings daily, the US$ 400 crossing fees per round trip has now become a barrier to trade and is having an impact on growth in trade in the region.
 
Resolution status note: During the meeting of NTBs Focal Points held on 19- 21 August 2019, Zambia reported the charges are part of the contractual obligations which will expire in 2023.  
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-000-741 3. Technical barriers to trade (TBT)
B1: Prohibitions/restrictions of imports for objectives set out in the TBT agreement
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.  
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