Resolved complaints

Showing items 81 to 100 of 797
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-000-932 8.1. Government Policy and regulations 2019-12-04 Zambia: Ministry of Transport Zimbabwe Resolved
2020-11-10
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Complaint: Zambia Proposed legislation to restrict foreign registered Road Freight Transport Operators from loading cargo into and out of Zambia violates the provisions of the SADC Protocol, particularly:
1.1 Section 5.1 which calls for the development of a strong and competitive road transport industry which provides effective transport services to consumers. Clearly the introduction of quotas is anti-competitive;
1.2 Section 5.2 calls for equal treatment, non-discriminatory, reciprocity and fair competition. As already pointed out the proposed legislation is discriminatory and anti-competitive;
1.3 Section 6 in which a Zambia/Zimbabwe Joint Route Management Group forum exist but apparently has been ignored by the Zambian authorities who have chosen to introduce the proposed legislation without the courtesy of discussion using the established channels.

The transporters see a backlash from regional countries if this comes to pass and we will soon see cargo staging/transfer points arising at border posts as pressure from regional transport operators mount on their respective Governments to implement similar regulation.
 
Resolution status note: On 10 November 2020, Zimbabwe Focal Point reported that this issue is one of proposed legislation which is not in force and still under consultation. Other Countries in the region are implementing similar provisions which in our view should be the ones reported as NTBs. Foreign Transporters are not experiencing any challenges in Zambia with respect to this particular complaint.  
NTB-000-935 1.15. Other 2019-12-01 Zimbabwe: Ministry of Industry and Commerce Zambia Resolved
2020-02-26
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Complaint: A Zambian exporter is experiencing challenges with obtaining certification from Bureau Veritas (BV) South Africa which has been unjustifiably delaying the issuance of Certificates of Conformity (CoCs) despite all the required documents being availed. This has been a continuous hindrance to the company’s ability to export its products to other countries in the COMESA and SADC regions specifically to Kenya and Zimbabwe.

BV South Africa has been systemically delaying in the issuance of CoCs by, inter alia, requesting for the same documents by different officers in the company and by responding to emails very late beyond the stipulated period of 48 hours within which the CoCs should be issued. These delays have previously lasted up to 3 or 4 months. Additionally BV South Africa has also delayed the issuance of Certificate of Conformity on products that were initially passed on previous assessments despite there being no change in the production process. This problem is related to clearance for exports destined for Kenya and Zimbabwe.

The actions by BV South Africa constitute a Non-Tariff Barrier and we would like this issue to be resolved expeditiously as the Company has already incurred losses as a result of the unnecessary delays.
 
Resolution status note: On 26 February 2020 a representative from Bureau Veritas responded that they are operating a Verification of Conformity programme or CBCA (Consignment- Based Conformity Assessment) on behalf of Governments (in examples provided Zimbabwe, Kenya, Tanzania). Their detailed response to the NTBs is given below :

Followings the analysis of the files reference you provided, we consider that the files were treated in accordance with the applicable technical requirements. For 2 files, improvement of communication would have certainly leaded into shorter processing time. Among various corrective actions that have been decided, the main one is the creation of a Sales Office in Lusaka in order to directly support all exporters willing to export in countries having such Programme of Verification of Conformity. The support will be provided through awareness and clarifications on the implementation of the various programmes. This will be effective as of March 1st 2020. On top of that an awareness session will be organised in Lusaka at the Inntercontinental Hotel on March 27th at 8h30. You are obviously welcome to attend.
We also remind that these programmes are related to conformity of products and applicable assessment process is not only an inspection. Exporters are advised to initiate their requests as soon as they know they are going to supply goods to the country where such program is in place and not to wait for the goods to be ready to be shipped.”
 
NTB-000-948 2.6. Additional taxes and other charges 2019-12-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2020-09-10
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Complaint: TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
 
Resolution status note: The SCTIFI agreed that the issue is operational; KRA and TRA should discuss and resolve it.Hence it is resolved from the EAC Time-Bound Programme  
NTB-000-980 2.3. Issues related to the rules of origin 2019-11-30 Rwanda: Rwanda Revenue Authority Egypt Resolved
2021-03-14
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Complaint: Rwanda Authorities didn't approve Comesa certificate of origin which is issued from Egypt as they are objecting that the product is not Egyptian production . We will be more than happy to invite the delegates from Rwanda to visit our factory & can do inspection to satisfy themselves. The exporting company provided all the required documents necessary to satisfy the criteria for issuing Comesa Certificate to Rwanda. As per the Rules of Egyptian Government for Comesa we have submitted all the necessary documents. Comesa Certificate No. (0092824) is attached.  
Resolution status note: RESOLVED during 1st Meeting of the COMESA Regional NTBs Forum held on 16- 17 March 2021  
NTB-000-931 7.3. Corruption 2019-11-26 Zambia: Mazabuka Resolved
2020-06-24
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Complaint: Zambia Police (not RTSA) often demand first aid kits from Heavy Goods Drivers. As outlined in Roads and Road Traffic Act, Chapter 464, Third Schedule (Regulation 17), this is NOT a requirement for a HGV, but rather for a passenger omnibus or taxi (vehicles carrying passengers for reward). As best practice and as required by some customers, a few HGV operators do place sealed first aid kits in the cabs of the trucks. ZP then break the seal and claim the kit is incomplete.  
Resolution status note: On June 24 2020, Zambia Focal Point reported that the complaining company had confirmed that this problem was no longer an issue therefore it id resolved  
NTB-000-926 7.3. Corruption 2019-11-04 Mozambique: Delegação Aduaneira de Zobwe Malawi Resolved
2021-07-09
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Complaint: Bus travelers are being charged R50 on Zobue and Cuchamano border with Mozambique for passport stamping on Entry and Exit as traders travel by Road.  
Resolution status note: The National Migration Service (SENAMI) suspended the border fee in 2010 and, even when it was being charged, it was forty-nine Meticais and forty-four Centavos (49.44 MZN) and not fifty Rands.  
NTB-000-939 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-10-16 Tanzania: Tanzania Revenue Authority at ICD Kenya Kenya Resolved
2020-08-10
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Complaint: Denial of market access for Afribon products in Kenya manufactured raw materials for beverage manufactured using locally sourced fruits i.e. Mango beverage compound is produced using Ngowe mango, Tamarind beverage compound produced using Ukwaju, baobab beverage compound produced using mabuyu, orange beverage compound using orange pulp. All these are sourced from Kitui, Mombasa and some parts of rift valley markets and EAC.

The challenge they are facing is that the compounds exported are being subjected to 10% duty, 1.5% RDL levy
 
Resolution status note: During the RMC meeting held on 10 August 2020, Kenya informed the RMC meeting that the NTB was resolved  
Products: 3302.10: Mixtures of odoriferous substances and mixtures, incl. alcoholic solutions, with a basis of one or more of these substances, of a kind used in the food and drink industries; other preparations based on odoriferous substances, of a kind used for the manufa  
NTB-000-911 8.1. Government Policy and regulations
Policy/Regulatory
2019-10-15 Zambia: All Zambia Weighbridges Zimbabwe Resolved
2020-07-10
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Complaint: Zambia applies 0% tolerance on Gross Weight at all Weigh Bridge Stations when all the other counties on the North – South Corridor allows 2 – 5% tolerance on Gross Weight as allowance for weigh bridge weight variances, since weigh bridges give varying weights at any given time which results in fining transporters unnecessarily. The expectation is that Zambia should apply a 2% tolerance on gross weight thereby removing the current challenge faced by foreign operators in the country.  
Resolution status note: During the 8th Meeting of NTBs Focal Points held on 8- 10 July 2020, Zambia reported that it applies a 5% tolerance on Gross Weight at all Weigh Bridges. Zimbabwe needs to clarify whether they are still experiencing challenges. If not it should be considered resolved  
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-000-916 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-000-917 2.9. Issues related to transit fees 2019-10-02 Tanzania: Tanzania Revenue Authority Rwanda Resolved
2020-09-10
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Complaint: Requirement by Tanzania Revenue Authority to Rwandan transporters to use two customs bonds on the Northern-Central Corridor (Kigali-Rusumo-Mombasa via Holili-Taveta border post) costing US$ 150 on departure and US$ 80 on return  
Resolution status note: During the SCTIFI the Republic of Rwanda noted that the the regional bond will be concluded by 1st July, 2021; in the interim traders are incurring double costs and hence urged the United Republic of Tanzania to waive the requirement of the Regional bond while awaiting the finalisation of the Same.
On the issue of waiving the requirement of the Regional bond, Tanzania reported that the Commissioners of Customs will advise during their engagement.The SCTIFI agreed that the issue is operational and should be referred to the Committee on Customs for resolution. Hence it is resolved in this EAC Time Bound Programme
 
NTB-000-919 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-09-24 Kenya: Namanga Tanzania Resolved
2020-08-10
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Complaint: Denial of preferential treatment on Labels produced by TP Label limited.  
Resolution status note: The Republic of Kenya informed the Sectoral Committee on Trade that she had issued a circular to stop the charges. However, the United Republic of Tanzania requested to be availed with a copy of the circular in order to resolve the NTB.During the RMC meeting held on 10 August 2020, Tanzania confirmed that the NTB was resolved  
NTB-000-912 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-09-10 Burundi: Bujumbura Port Tanzania Resolved
2021-04-05
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Complaint: Republic of Burundi has denied preferential treatment of MS -Plate (Iron sheet) produced by ALAF Company in Tanzania.  
Resolution status note: During the NMC meeting, held in April 2021, the meeting was informed that the NTB was Resolved.  
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-000-910 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-08-28 Rwanda: Rusumo Tanzania Resolved
2020-09-01
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Complaint: The Rwanda Revenue Authority has denied preferential treatment on silk coat product from Tanzania.  
Resolution status note: During the RMC meeting held on 1 September 2020, Rwanda reported that the preferential treatment is being granted for these goods. Hence the NTB is resolved.Tanzania to consult the company concerned and provide feedback.  
NTB-000-895 8.8. Issues related to transit 2019-08-08 South Africa: Durban sea Port Lesotho Resolved
2020-02-25
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Complaint: Container been detention for physical exam for too long now, which will delay our exports. The requested documents were provided long time.  
Resolution status note: On 25 Februaru 2020, Lesotho Focal Point reported that the complaint had confirmed that the container had been released  
NTB-000-925 7.4. Costly procedures 2019-06-03 Tanzania: Namanga & Arusha Kenya Resolved
2020-09-10
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Complaint: TRA cannot issue assessment for confectionery until Atomic Energy Certificate is attached in the system. This means samples have to be provided by agent / client to the Atomomic Energy in Arusha and a fee of 0.4% of invoice value paid. Samples from the whole country have to be sent to Arusha.
It then takes about 3-4 days for the certificate to be issued. The agent can then proceed with lodging the assessment after attaching the certificate in the system
 
Resolution status note: The SCTIFI held in September 2020, noted that this is an operational Issue and should be resolved from the EAC Time Bound Programme  
NTB-000-920 2.8. Lengthy and costly customs clearance procedures 2019-06-01 Tanzania: Namanga Kenya Resolved
2019-11-07
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Complaint: Lengthy documentation in TRA thus delays and demurrage costs
It takes not more than 3 days to get all necessary documents for Kenya, Rwanda and Uganda while it can take upto 10 days(or more) for TZ since all documentation is processed though the exit border before truck leaves Kenyan side
EXPORT DOCUMENTS REQUIRED IN RWANDA, KENYA & UGANDA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
EXPORT DOCUMENTS REQUIRED IN TANZANIA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
MOVEMENT SHEET
TRANSPORT PERMIT
There is no requirement for transport permit for KE, UG & RW.
There is need for customs to harmonize and reduce documentations so as to simplify export processes and facilitate trade.
 
Resolution status note: Tanzania reported that
a) Transport permits for chemicals related products are issued once the import permit has been issued.
b) For the case of this evidence provided by Kenya, the import permit no.964556 was issued to Kiboko Precoated sheer on 21st of August, 2019 and on the same date 21st of August, 2019, a transport permit 174391 was issued to transport the said chemicals (Charan sign& Sons campany) and therefore there were no delays in issuing the transport permit as it was issued on the same day. It should be noted that the company imports those chemicals is the Tanzania company and transporter of those chemicals was Kenyan Company.
c) United Republic of Tanzania is requesting all exporters to seek all necessary document required before arrival at the Border Post to avoid any delayed and register on the online portal
d) Currently Tanzania do provide chemical and transport permits from Monday to Saturday using the online portal. In addition to that, we have chemical inspectors at all border points operating 24/7
 
NTB-000-898 2.13. Issues related to Pre-Shipment Inspections 2019-05-30 South Africa: SGS South Africa Mauritius Resolved
2020-01-17
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Complaint: All consignments subject to Pre-Shipment Verification of Conformity (PVoC) must obtain the Certificate of Confirmity (CoC) prior to shipment.

On average, it takes SGS South Africa about 3-5 days to respond to a request made by the exporter for issuing the CoC, and it takes them further 15-20 days to produce the CoC. In the meantime, the Mauritian exporting company has to incur several financial constraints while waiting for the CoC.
 
Resolution status note: On 17 January 2020, Mauritius Focal Point advised that the exporter has negotiated with SGS South Africa to reduce the number of days taken to obtain the Certificate of Conformity (CoC). SGS South Africa is taking a maximum of 12 days to process the CoC instead of 25 days.
The exporter has advised that they are now satisfied with the processing time.
 
NTB-000-922 2.13. Issues related to Pre-Shipment Inspections 2019-05-30 Uganda: UNBS Kenya Resolved
2020-09-10
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Complaint: Lack of recognition of online KEBs standardization mark validity.
Delay in release of shipment , increased cost of transportation

UNBS and KEBS to mutually recognize online standardization mark validities/online KEBs certificate to avoid any costly delays.
 
Resolution status note: The SCTIFI held in September 2020, noted that the issue is operational and should be referred to the quality assurance technical subcommittee for consideration and resolution. The NTB is resolved from this EAC Time Bound Programme.  
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