| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-114 |
1.7. Discriminatory or flawed government procurement policies |
2023-02-01 |
Uganda: URA |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.
Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back. |
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|
Resolution status note:
|
The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 ) |
|
|
NTB-000-997 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2018-07-01 |
Uganda: Uganda VAT |
Kenya |
Resolved
2021-10-19 |
View |
|
Complaint:
|
Uganda charges Kenya manufactured excise books VAT at 18%. The VAT is not levied on Uganda locally manufactured books. The discriminative VAT is in violation of Article III of GATT 1994, Article 75(6) of the Treaty establishing the EAC and Article 15 of the EAC Custom Union Protocol as it subjects Kenyan manufactured products to VAT charges not charged on same domestic products in Uganda. |
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|
Resolution status note:
|
During the Regional Meeting held in October 2021, the Republic of Kenya confirmed that the NTB was Resolved |
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NTB-000-661 |
2.7. International taxes and charges levied on imports and other tariff measures |
2014-12-11 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2015-03-16 |
View |
|
Complaint:
|
Uganda charges 25% duty rate on scrapping rolls manufactured in Kenya and also on products manufactured in Kenya using glucose. |
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|
Resolution status note:
|
At the Kenya NMC NTBs meeting held in Nairobi on 16th March 2015, Kenya confirmed that Uganda had scrapped the 25% duty .This position was endorsed by the 17th NTB forum thereby resolving this issue. |
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|
NTB-000-849 |
1.14. Lack of coordination between government institutions |
2018-09-12 |
Uganda: Kampala |
Rwanda |
Resolved
2018-11-28 |
View |
|
Complaint:
|
Two Trucks on Transit from Rwanda to Mombasa carrying minerals for export are impounded by Uganda Mineral Protection Police Unit. |
|
|
Resolution status note:
|
Uganda confirmed to have received evidence of this NTB from Rwanda. The Trucks that were being held had no customs issue as they had fulfilled all transit requirements. The Uganda Mineral Protection Police Unit had held the trucks claiming the transit documents were forged however, customs was consulted and proved that the documents were genuine.
The SCTIFI meeting held in November, 2018 was informed that the Ministry of Foreign Affairs – Uganda convened a meeting and resolved that matter.
The matter was resolved. |
|
|
NTB-000-849 |
1.14. Lack of coordination between government institutions |
2018-09-12 |
Uganda: Kampala |
Rwanda |
Resolved
2018-11-28 |
View |
|
Complaint:
|
Two Trucks on Transit from Rwanda to Mombasa carrying minerals for export are impounded by Uganda Mineral Protection Police Unit. |
|
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Resolution status note:
|
The NTB was resolved during meeting of Nov 2018 |
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NTB-000-717 |
8.6. Vehicle standards |
2016-07-13 |
Zambia: military base |
South Africa |
Resolved
2016-11-17 |
View |
|
Complaint:
|
Trucks from various countries including Zimbabwe, South Africa and Malawi origin transporting Maize bran legally with valid documentation and export permits issued by Zambian Dept of Agriculture were held at Kafue Weigh Bridge for almost a week, others longer than 3 weeks allegedly waiting for validation of export permits.
On 13 July permanent Secretary of Lusaka province arrived and Kafue bridge and after a short talk on maize smuggling to drivers ordered 31 of the trucks to be convoyed back to Lusaka to a military base under escort of military police to be impounded.
The drivers were told that upon arrival at the destination they were to take nothing from the trucks and leave. They were also told that where they were to sleep/reside was not the concern of the military personnel or authorities, it was their own problem.
At the military base the drivers manage to negotiate the removal of their clothing, blankets and personal effect , and were forced to hand over the keys to the vehicles and sign forms of impoundment.
This all for vehicles tranporting goods legally, all carrying clearing documentation legally processed by zambian clearing agents and valid legal permits issued by the Zambian Dept of Agriculture in Lusaka.
Subsequent to this another approximate 20 vehicles has experienced the same process.
Daily representations, discussions and meetings since then between various persons and organizations representing transporters and the office of the permanent Secretary of Lusaka yield no results or explanation for the impoundment of vehicles carrying legal documents, nor a date when the vehicles will be released.
Drivers are out on the streets, many with no suitable place to sleep. Some, out of desperation resorted to hitch-hiking back to their home countries.
Transporters are incurring heavy losses.
We urgently request that these trucks be released by the military and Zambian Authorities as this is costing the Transporters a lot of money in lost revenue and it is illegal for the Zambian Authorities and army to hold legally operated trucks.
The incident is also going to be escalated via the relevant countries' embassies/high commissions and Trade Authorities . |
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Resolution status note:
|
On 17th November 2016, South Focal Point confirmed that the NTB had been resolved . |
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NTB-000-693 |
8.6. Vehicle standards |
2016-04-22 |
Uganda: Lira Mobile weighbridge |
Uganda |
Resolved
2016-04-25 |
View |
|
Complaint:
|
truck number UAQ 474t/UAD 291Q is being held at the LIRA mobile weigbride due to overload after it was weighed in Mbale and bares the weighbridge ticket with the right tonnage as requires to be carried by the truck.
the truck was weighed in mbale with a gross weight of 48 and when weighed in lira, it has a gross weight of 56 tonnes
the truck is loaded with world food program relief food destined for Sudan and this barrier is affecting the supply to the sudannese people who are in urgent need of food |
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Resolution status note:
|
Uganda Focal point reported that the truck had been released on the same day. |
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|
NTB-000-612 |
1.14. Lack of coordination between government institutions
Policy/Regulatory |
2013-11-05 |
Tanzania: at the border of Burundi/Tanzania |
Burundi |
Resolved
2013-12-20 |
View |
|
Complaint:
|
Truck belonging to BRARUDI (the leading Brewery in the Republic of Burundi) has been held at the border of Burundi/Tanzania for a period of 15 days (Tanzania side )because Tanzania Revenue Authority at the border estimate that the products must pay customs duties before enter Tanzania, despite the consignment being accompanied by a certificate of origin issued by Burundi Revenue Authority. And Tanzania Food and Drugs Authority requires the company TO register the products before exporting. |
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Resolution status note:
|
On 23 December 2013, Burundi Focal Point reported that BRARUDI Products made in Burundi were allowed to enter in Tanzania following resolution of this NTB during the 13th NMC regional forum held in Burundi 17-20 December 2013. |
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NTB-000-782 |
8.7. Costly Road user charges /fees |
2017-09-17 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Trans[porters are experiencing the following delays and other administrative costs as a result of the sealing process by ZIMRA:
• The vehicles are delayed up to 24 hours while waiting for the seals
• ZIMRA Officials remove existing seals to fit their seal and then do not replace the seals when their electronic seals are removed
• ZIMRA Officials have refused to endorse the documents when seals have been removed
• They have damaged transporters equipment and gone so far as to use a drill on a loaded fuel tanker to drill a large hole to fit their seal. This is completely unacceptable!
• Where one of their seals was incorrectly fitted and fell off the truck, they then cut other seals and drew samples of the product to ensure it had not been contaminated. No explanation was given and our customer consequently rejected the load as the integrity had been corrupted
• Transporters are expected to adhere to routes stipulated by ZIMRA. We have Route Risk Assessments on all our routes. The route is determined due to a number of factors including distance and safety. This is pertinent to Zimbabwe where the road infrastructure is failing
• Beyond the instruction to pay for the sealing, transporters are further expected to pay the costs of escorts |
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Resolution status note:
|
The payment for sealing is a requirement in terms of the law in terms of Statutory Instrument 113 OF 2017. A fee of $30.00 shall be levied on every road vehicle conveying goods and break bulk cargo through Zimbabwe upon which electronic seals and magnetic sealing cable are placed on the cargo in term of the law.he vehicles are delayed up to 24 hours while waiting for the seals.Noted, it is not the intention of ZIMRA to delay any vehicle because of sealing, sealing is done in the minimum possible time and where delays are experienced, one can immediately contact the Supervisor or Manager on duty for assistance. Contact numbers for Supervisors and Managers are displayed in the offices .
ZIMRA has since obtained the seals and there are no more delays . |
|
|
NTB-000-784 |
8.8. Issues related to transit |
2017-10-10 |
Zambia: Kapiri Mposhe |
South Africa |
Resolved
2019-01-11 |
View |
|
Complaint:
|
Transporters are experiencing substantial delays at the weigh-bridges in Zambia when transiting to and from DRC. To make matters worse trucks get weighed at more than one weigh bridge even though the drivers have copies of the initial weigh bridge slips showing no overloads. |
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Resolution status note:
|
Zambia reported that the Road Development Agency (RDA) was acting within the law (The Tolls Act of 2011). As a result, trucks are continuously weighed to ensure that no extra loads are added onto the trucks.There is an going process to designate weigh bridges for international truckers as part of the vehicle load management programmes being implemented under the tripartite .Delays in the weighing process are only occasional and not every time. A normal weighing process takes 3 to 5 minutes depending on the details being submitted. All the trucks were cleared and therefore the matter is resolved |
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|
NTB-000-792 |
8.7. Costly Road user charges /fees |
2017-11-01 |
Zambia: Chililabombwe |
|
Resolved
2019-01-11 |
View |
|
Complaint:
|
Transporters are being charged a motor vehicle fee by Chililabombwe Municipal Council. There is no justification for such a fee since the transporters do not receive any services from the Council. The transporters are travelling on national roads, which are maintained by the government and not the Council. The transporters pay road user charges to the government to maintain the roads. According to NTB-000-480, this was addressed on the 7 September 2016, but this problem has emerged again since 20th October 2017. |
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Resolution status note:
|
Zambia reported that the by-law has now been revoked and councils have stopped charging the said fees. |
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|
NTB-000-480 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2011-12-07 |
Zambia: Chililabombwe Municipal Council, Zambia |
South Africa |
Resolved
2016-09-07 |
View |
|
Complaint:
|
Transporters are being charged a motor vehicle fee by Chililabombwe Municipal Council. There is no justification for such a fee since the transporters do not receive any services from the Council. The transporters are travelling on national roads, which are maintained by the government and not the Council. The transporters pay road user charges to the government to maintain the roads. |
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Resolution status note:
|
On 7 September 2016, Zambia Focal point reported that All Levies collected by the Council are guided by Section 69 and 70 of the Local Government Act CAP 281 of the Laws of Zambia which specifies the Levies to be collected. Under this Act (CAP 281), no Council is mandated to collect motor vehicle fees. The supporting Local Government Act was uploaded for reference |
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NTB-000-034 |
8.6. Vehicle standards |
2004-12-22 |
Uganda: Ministry of Transport |
Kenya |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Transit Regulations
Kenya complained that Ugandan authorities were enforcing a requirement that all transit trucks be covered. |
|
|
Resolution status note:
|
Uganda reported that the matter was resolved in 2006 |
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NTB-000-674 |
2.14. Other |
2015-07-03 |
Mozambique: Posto Fiscal de Calomue |
Zimbabwe |
Resolved
2016-10-07 |
View |
|
Complaint:
|
TRANSHAUL Zimbabwe had 2 trucks arrive at Calomue border on Friday 3 July loaded with groundnuts, they were told they had to wait for a free escort on Monday, or pay for an escort to take them to Cuchamano on Saturday. Against our advise, our client paid the fees being demanded ($100 / truck) after which, the escort only went as far as Tete with the trucks, where they were told they should pay again for another escort to take them through to Cuchamano. Again, our client paid the escort fees. The transporter had another 2 trucks arrive at Calomue on Monday 6 July with groundnuts, who were again told they must pay for escort, or wait until Wednesday for someone to escort them for free. I have told our client not to pay.
The adding of a commodity to the anti-dumping list with an escort requirement by customs needs to be documented and communicated prior to the introduction thereof. Also the communication should clearly state what the cost if any of the escorts are from point of entry to point of exit and availability of escorts.
The current situation being applied as described under paragraph one is not acceptable and needs to be clarified by Alfandega agents at Calomue border demanding escort fees from drivers without documentary proof. |
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Resolution status note:
|
FESARTA reported that the NTB does not exist at present. |
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NTB-000-124 |
2.14. Other |
2009-07-26 |
SADC |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Training of new customs recruits in the region |
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|
Resolution status note:
|
Seychelles reported that training of new recruits is a point of concern for Seychelles. Training especially for customs officers, on R.O.O, clearing process, investigation, inspection, to conduct time release study ect...is in progress. |
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NTB-000-370 |
2.7. International taxes and charges levied on imports and other tariff measures |
2010-02-10 |
Zimbabwe: Revenue Authority |
Zambia |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Traders of Plant materials, e.g., seeds are charged different rates by Zimbabwe at Victoria Falls Border post in Livingstone (US$20.00) from those charges by other countries e.g., South Africa (ZAR60.00) for each entry. |
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Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that the current charge of US$10 on issuance of SPS certificates is competitive in the region. There are no harmonized charges for SPS certificates in the SADC region. |
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NTB-000-543 |
6.7. Other |
2012-01-01 |
Zambia: Chirundu |
Zimbabwe |
Resolved
2016-03-31 |
View |
|
Complaint:
|
Traders are being forced to pay $20 each by the Immigration side of Chirundu if they bear same address of where they are going in Zambia yet they will just going for a day to buy whatever goods for trade, this kind of behaviour of immigration officers is disturbing out traders different from Zimbabwe side what they do to Zambians trading in Zimbabwe |
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Resolution status note:
|
On 31st March 2016, Zambia Focal Point reported that there is no law in Zambia that compels a trader to pay $20. In the event that a trader is asked to pay, they should request for an official government receipt which can be verified with Focal Points. |
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NTB-000-521 |
2.3. Issues related to the rules of origin |
2012-06-20 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
TRA rejects EAC certificates of origin . Tanzania Revenue Authority imposes a duty of 25% of EABL products exported to its subsidiary Serengeti breweries limited in Tanzania |
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Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that certificates of origin are now issued for all EAC products both ion the STR and normal exports. |
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NTB-000-710 |
2.14. Other
Policy/Regulatory |
2016-04-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2017-10-24 |
View |
|
Complaint:
|
TRA offices close earlier (3.00 pm) than KRA Office hindering the Verification at Inland Container Deport (ICD) Nairobi |
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Resolution status note:
|
The Dedicated Session of Senior Officials meeting held in October, 2017 reported that both countries Kenya and Tanzania have harmonised the working hours. Hence the NTB is resolved. |
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NTB-000-847 |
7.5. Lengthy procedures |
2018-09-28 |
Tanzania: Isebania |
Burundi |
Resolved
2018-11-16 |
View |
|
Complaint:
|
TRA is requiring escort for wines, spirits, and Palm oil destined to Burundi. This decision was not communicated to Burundi and Importers are expected to pay TZS 1,500,000 for this. |
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Resolution status note:
|
TRA reported that escorts have been discontinued.
NTB resolved |
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