| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-966 |
5.5. Import licensing requirements |
2020-05-27 |
Zimbabwe: Chirundu |
Zambia |
Resolved
2023-04-06 |
View |
|
Complaint:
|
A Zambian exporter of yeast is experiencing challenges obtaining import permits from Authorities in Zimbabwe which are not issued when requested. This has been a hindrance to export of yeast to Zimbabwe. |
|
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Resolution status note:
|
During the COMESA Regional Capacity Building Workshop for NMCs and National Focal Points held from 3 to 6 April 2023, Zimbabwe Focal Points reported that import permits were no longer required as the products have been placed on open general import licence. This NTB was therefore resolved . However, Zimbabwe was requested to provide the list of products requiring Import Licence |
|
|
NTB-001-064 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2022-03-24 |
Zambia: Mokambo Border to Mfulira Road |
Zimbabwe |
Resolved
2023-04-06 |
View |
|
Complaint:
|
The Mokambo Border to Mfulira road has become impassable with trucks getting stuck in the mud and being damaged as a result of the poor road condition |
|
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Resolution status note:
|
During the COMESA Regional capacity building workshop for National focal Points held in Rwanda from 3-6 April 2023, Zambia focal point reported that reconstruction of the Mokambo border to Mfulira had been commenced. It was therefore recommend that this NTB be regarded as resolved considering that Zambia is taking efforts to reconstruct the road |
|
|
NTB-001-063 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2022-03-24 |
Zambia: Kasumbalesa |
Zimbabwe |
Resolved
2023-03-06 |
View |
|
Complaint:
|
There is slow Clearance by border agencies ( Zambia Customs) causing truck delays. Trucks following a queue 34km long at morning of 24 March 2022 . |
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Resolution status note:
|
A Bilateral Ministerial Meeting between the Republic of Zambia and the Democratic Republic of Congo (DRC) was held on 6th March 2023. It was agreed that all border agencies of both countries put in place procedures to allow for 24-hour border operations at Kasumbalesa, Sakania, Mokambo and Kipushi in accordance with internal procedures.Based on the outcome of the Bilateral meeting, the NTB is 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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NTB-001-082 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
Excise duty on imported onions, potatoes, potatoes crisps and potatoes chips effective 1st July 2022 at rate of 25% imposed by Kenya |
|
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Resolution status note:
|
The 34th RMC noted that the provision of the Law is not applicable hence no NTB has occurred so far and Kenya is requested to amend their law and rectify it to avoid the NTB from occurring. This NTB has been resolved. |
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NTB-001-113 |
2.8. Lengthy and costly customs clearance procedures |
2023-01-01 |
Uganda: |
Kenya |
Resolved
2023-05-17 |
View |
|
Complaint:
|
T1 generation delays:
T1 Mapping on to ICMS system from URA portal for generation of C2
• Goods are sometimes sent back to await clearance at the exporters’ expense.
• Truck Delays at loading bay due to lack of transport document to move along the corridor to partner state
• Time wasted, additional costs such as unit logistics costs due to number of days
-Delays at border Clearance- exit
a) Real time synchrony with partner agency systems as envisaged.
b) Quicker exit and entry clearances- online portal to facilitate trade on realtime. |
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Resolution status note:
|
The RMC noted that the issue was operational and such issues are handled by the SCT ICT technical working group. This technical working group was put in place to handle such ICT-related issues as they occur The meeting, therefore, agreed that it is better handled there and be removed from the TBP |
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NTB-000-358 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Democratic Republic of the Congo: Ministry of Trade |
Tanzania |
Resolved
2023-02-20 |
View |
|
Complaint:
|
The process of obtaining DRC Ogeframe certificate delays cargo at the port and increases costs. Procedure is too long as it involves exporter paying fees at Tanzania Revenue Authority in DAr es Salaam Office and then take the document for endorsement by DRC. This is applicable only to transit goods to DRC. |
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Resolution status note:
|
Member States agreed to resolve on the strength that no complaints had been received . |
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NTB-000-857 |
8.3. Immigration requirements (Visa, travel permit) |
2018-10-01 |
Tanzania: Kilambo |
|
Resolved
2023-02-20 |
View |
|
Complaint:
|
Tanzania charging of Business Visa of USD 250 to EAC business persons entering URT charged as Certificate of Temporary Assignment (CTA) at all borders |
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Resolution status note:
|
The regulations went through the legal draftspersons. They decided to do away with having Regulations as this was not provided for under the CMP. However, some of the provisions that were in the Regulations were included in the revised EAC Schedule on Progressive Liberalization of Services. This includes the provision on the Removal of Barriers to Trade in Services. With this, all barriers under Trade in Services will be progressively removed as per the EAC Schedule. Hence the meeting agreed to resolve this NTB as it has been taken care of in the Schedule. |
|
|
NTB-000-836 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-10-26 |
Tanzania: Tanzania Dairy Board |
Rwanda |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Milk exported to Tanzania attracts numerous charges collected by different institutions including Tanzania Bureau of Standards, Tanzania Foods and Drugs Authority and Tanzania Dairy Board.
Also, to import a kilogramme of milk in Tanzania, under the newly signed Animal Diseases and Animal Products Movement Control Regulations published on 31st August 2018 (Government Notice No 476) and which entered into force on 1st October 2018, Tanzania now requires to pay Tsh 2,000 on milk imported from outside the country from Tsh150. This is a 1,233% increase (https://allafrica.com/stories/201810030671.html ).
This is a total ban since milk imported cannot compete with the local one. |
|
|
Resolution status note:
|
URT reported to the regional meeting that TFDA does not exist, TBS and TMDA do not charge. Hence the issue of numerous charges is resolved. The Tanzania Dairy Board Charges have been revised from 2,000 to 1,000 through Government Notice number 478 of July 2022. The remaining charge is part of the ongoing process of harmonization of fees, levies, and charges. Hence the meeting agreed that the NTB is resolved. |
|
|
NTB-000-924 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-01-14 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products. |
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Resolution status note:
|
The regional Meeting held in February 2023 agreed that the NTB had been resolved |
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NTB-001-067 |
8.6. Vehicle standards |
2022-04-15 |
Kenya: |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Non recognition of Truck specifications approved and registered in Uganda.Kenya charges truck drivers approximately 150,000 ksh with trucks that have three axle loads.These are recognized and approved for transportation by Uganda. The truck drivers after paying the penalty are required to apply for an exemption permit that should be applied for two weeks in advance which is an additional delay and amounts to an increase in business costs. |
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|
Resolution status note:
|
The meeting was informed that Kenya is implementing the East African Community Vehicle Load Control (Vehicle Dimensions and Axle Configurations) Regulations (EAC-VLC) Act and its subsequent regulations of 2018. The trucks affected were found to be in violation of the Law. The Act provides a maximum of 4 axles (2 steerings and 2 rear) on a rigid chassis vehicle which must not exceed 12 meters. Impounded vehicles had 5 axles on a rigid chassis vehicle which is not allowed by law. The meeting agreed that the Partner States need to abide by the EAC Laws. Hence the complaint is not an NTB. |
|
|
NTB-001-068 |
1.9. Determination of eligibility of an exporting country by the importing country
Policy/Regulatory |
2022-06-16 |
Kenya: Ministry of Agriculture, Livestock, Fisheries and Cooperatives. (State Department of Livestock0 Directorate of Veterinary Services |
Tanzania |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Happy sausage Ltd is meat processing company based in Arusha Tanzania. The company produced various types of sausages (fresh, smoked, cooked, fermented), bacon, harm, fresh, beef, lamb, pork and chicken. The company wanted to export its products in Republic of kenya. The company was advised to apply to the government of Kenya for ana import permit of meat and meat products sourced from Tanzania , particulary from its Arusha facility. The application letter is attached for easy reference. The DVS (Kenya) replied to the application through letter with Reference No. MOALF/SDL/DVS/VPH/GEN/54 dated 29th March, 2022 by citing key requirements for meat importation into Kenya(those guidelines included in the letter).
The company complied with all requirements . The dully filled risk assessment questionnaires was submitted to DVS (Kenya)on 12th April 2022 ( the questionnaires is attached for reference) . What remains undone is for the DVS (Kenya) to send staff to Tanzania to Inspect the slaughter and meat processing facility in Arusha. We humbly request the DVS (Kenya) to send its staff to inspect the facility so that to allow the the company to export meat and meat product in Kenya. |
|
|
Resolution status note:
|
The Regional meeting was informed that the DVS of Kenya looked at the risk assessment questionnaire submitted by Happy sausage ltd and approved their import permit. The issue was administrative and was resolved. |
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|
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 |
View |
|
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.
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|
|
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. |
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|
NTB-000-958 |
8.6. Vehicle standards |
2020-05-20 |
Mozambique: Dondo Weigh Bridge
-19.578854, 34.728999 |
|
Resolved
2022-10-20 |
View |
|
Complaint:
|
The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.
On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.
According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.
Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.
The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.
Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
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Resolution status note:
|
Mozambique reported that the notice of fine issued on the Dondo Bascula to the driver Mbewe Clevery, should not be dealt with under the Traffic Code, since in Mozambique, the lack of an indicative record of Gross Weight and Tare vehicle is provided for in article 67 of the Regulation for the Transport of Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. Fines for non-compliance with RTVAR rules are listed in Annex VII, pursuant to 1 of article 134.
In cases where there are irregularities in the drawing up of the infraction notice, paragraph 3 of article 134 of the RTVAR gives the driver the right to file a complaint with the National Institute of Land Transport (INATTER) within 15 (fifteen) days from the date of issue of notice. The complainant does not provide any proof of payment, which makes it uncertain whether he paid it or not.
Steps will be taken to improve oversight at this scale and across the Corridor. Contact telephone numbers will be available at weighbridges and checkpoints for clarification and complaints. |
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|
NTB-000-960 |
6.6. Border taxes |
2020-06-05 |
Zimbabwe: Beitbridge |
|
Resolved
2022-10-20 |
View |
|
Complaint:
|
Zimbabwe has promulgated a new legislation S.I 127 of 2020 which proposes to charge amounts up to USD300 per entry of Beit Border Border Customs Yard meant for payment of the border post modernization and upgrade project. This charge is over and above the Bridge Toll of USD23 per entry and the ZINARA road tolls fees. The proposed charges are just too high and unsustainable, thus we seek their immediate suspension to allow for stakeholder engagement for their input. |
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Resolution status note:
|
The relevant authorities in Zimbabwe submitted report as follows :
As a way of addressing challenges at Beitbridge Border Post Government made a decision to upgrade and modernise Beitbridge Border Post through a concession to Zimborders for a period of 17,5 years. Zimborders will invest US$296.7 million dollars into the project and will recoup their investment by collecting border user fees. This project will bring about the much sought efficiency at the border post by providing modern infrastructure and equipment such as terminal buildings, warehouses, weighbridges and scanners. There will also be automation of most processes and the introduction of a single window payment system bringing about convenience to transporters and the travelling public.
The financing model used in this project (Built Operate Transfer), is a universal mode of project financing which can be applied to projects that are bankable where users are expected to pay for the product or service used. In this case, it is Government’s view that the charges are fair relative to the amount invested and the efficiency brought about by the investment. Removing the fee is asking the country to default on the Concession Agreement. Defaulting on agreements leads to country reputational risk and reduction in credit worthiness.
The figure quoted of USD300 applies only for abnormal load vehicles. The fees are as follows.
Type of vehicle USD
Heavy vehicle 100,00
Goods vehicle 175,00
Abnormal (load) vehicle 300,00
Minibus 35,00
Coach 70,00 |
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NTB-001-008 |
2.2. Arbitrary customs classification |
2020-05-05 |
Zambia: Ministry of Livestock and Fisheries |
South Africa |
Resolved
2022-10-10 |
View |
|
Complaint:
|
Nestle is facing Product classification challenges in the Zambian market involving imitation products that are not dairy who are classified as dairy and face similar penalties that dairy products face. This product in question is Cremora which is classified by the authorities as a dairy product. However, CREMORA is a non-dairy creamer. To this effect, the request is to consider CREMORA for exemption from the dairy category of definition and profile of the product. |
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Resolution status note:
|
A bilateral meeting between the two countries was held on 10 October wherein Zambia, informed that the NTB was resolved. Nestle was issued with an exemption letter which allows it to export CREMORA as a non-dairy product to the Zambia market. To close the matter, NESTLE would write a letter to the Zambia Revenue Authority (ZRA) requesting a change in the tariff code. The Ministry of Industry (Zambia) would also write another letter to ZRA in support of Nestle’s proposition |
|
|
NTB-001-062 |
3. Technical barriers to trade (TBT)
B31: Labelling requirements |
2022-03-22 |
South Africa: Beit Bridge |
Zimbabwe |
Resolved
2022-06-13 |
View |
|
Complaint:
|
Our Company is experiencing discretional acceptance of labelling of Arenel sweets by Port Health South Africa. We export jelly sweets among other products to the Republic of South Africa and our packaging has a sticker written “Jelly Babies” and does not state the word “Sweets”. The majority of sweets sold in the importing country (RSA) have similar packaging. On the 22nd of March 2022 our truck was stopped by Port Health South Africa at Beitbridge Border Post and the officials demanded that our truck return to Zimbabwe with the full load because the product labelling does not conform to the importing country`s labelling requirements. It seems there is no uniformity in the Port Health officials at Beit Bridge Border Posts are accepting labelling requirements for sweets entering RSA. |
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|
Resolution status note:
|
The SA Port Health Authority committed issued Arenel with a six months exemption ( 13 June - 13 December 2022) to continue with their exports to South Africa of apricots and jelly sweets. |
|
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NTB-001-050 |
8.8. Issues related to transit |
2022-02-14 |
Tanzania: Tunduma |
Zambia |
Resolved
2022-09-06 |
View |
|
Complaint:
|
There is a disruption in the flow of trade/transit at Nakonde/Tunduma border post due to a protest by transporters in Tanzania who are not moving cargo across the border. This has affected the movement of goods both into Zambia and Tanzania and has resulted in increased congestion on both sides of the border. Considering the important role the Nakonde/Tunduma border post plays along the transport corridor, any further delays resulting from the protests will significantly disadvantage all stakeholders within the region in terms of revenue and costs. This will ultimately have a negative effect on the consumer welfare in the countries and the region at large. It is therefore imperative that the present impasse is resolved as a matter of urgency. |
|
|
Resolution status note:
|
On 6th September 2022, Focal Point Zambia Revenue Authority reported that the NTB had been resolved. |
|
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NTB-001-010 |
2.6. Additional taxes and other charges |
2020-03-20 |
Uganda: Busia |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya. |
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the SCTIFI meeting was informed that Uganda Law provides that processed chicken is charged VAT and is not discriminatory.
The meeting agreed that it was not an NTB and therefore resolved |
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|
Products:
|
0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus |
|
|
NTB-001-038 |
6.5. Variable levies |
2021-10-10 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Tanzania is charging FULL CET, RDL among other levies on Kenyan wholly produced cement despite the Verification Report recommending that products qualify should be accorded preferential treatment
Additionally, despite URT commitment in the Bilateral and SCTIFI that URT grants preferential treatment to wholly produced cement as required by the EAC rules of Origin, URT is still charging duties of 35%. This is despite Tanzania not being under any stay of application.
Kenya urges Tanzania to accord preferential treatment to Kenya wholly produced cement as per the verification findings and recommendation and URT commitment on facilitation of trade. |
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|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that a verification mission was conducted and recommended that the products qualified should be accorded preferential treatment.
Additionally, URT committed in the Bilateral and SCTIFI to grant preferential treatment to the wholly produced cement as required by the EAC Rules of Origin.
The NTB is resolved |
|
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