| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-045 |
|
2021-11-22 |
Kenya: Poultry products from Uganda have been banned from entering the Kenyan market. |
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Resolved
2022-06-14 |
View |
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Complaint:
|
The government of Kenya without giving any reason arbitrarily banned all poultry products from Uganda from accessing the Kenyan market. It is not clear when the ban will end or if it will end. My clients have lost and continue to lose a lot of money thanks to this arbitrary and protectionist measure by the government of Kenya going against all the principles of the International Trade especially Kenya's obligations as a part of the East African Community Customs Union. |
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the ban was lifted as a result of the Bilateral meeting of the two Partner States in December 2021.
So, the matter is resolved |
|
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NTB-001-044 |
1.15. Other |
2021-12-03 |
Uganda: Malaba |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Uganda Revenue Authority has introduced a mandatory requirement for import certificate for export and transit cargo to DRC and South Sudan.
This requirement is causing delays to transit cargo to Congo and Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf. This negatively affects export business. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that this requirement is causing delays to transit cargo to Congo and South Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf.
The SCTIFI meeting was informed that this was upon the request of RSS and DRC and was later recalled. Hence the NTB is resolved. |
|
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NTB-001-046 |
8.8. Issues related to transit |
2021-12-03 |
Uganda: Malaba |
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Resolved
2022-06-14 |
View |
|
Complaint:
|
On 3rd December Traders reported that URA enforce regulation on all transit cargo to South Sudan and DRC, where all consignment are to pay a fee of $150 to $214 depend on the type of cargo, and those charges are collected by private company "Sunco Ltd." its said to be a contract between South Sudan government and K-Polygone SAS. then K-Polygone contracted Sunco Ltd. When the issue was raise to the Ministry of Trade by the National Chamber of Commerce Industry and Agriculture. at the time goods have stop flowing to Nimule border of South Sudan, Then Minister of trade issue ministerial order suspending the contract between its ministry and K-Polygone to allow smooth follow of goods to RSS, Upton date traders are still complaining the charges at Malaba border of Uganda still on going and the matter is not resolve.
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|
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that charges are collected by the private company "Sunco Ltd." at the Malaba Uganda border
The two Partner States agreed to handle the matter administratively and is resolved. |
|
|
NTB-001-061 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2021-12-28 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Republic of South Sudan is imposing a digital border security Control Tag of 100 USD and a control fee of 30 USD at every entry or exit. |
|
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Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that the order was revoked and hence the NTB was resolved. |
|
|
NTB-000-776 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2017-05-05 |
Tanzania: Ministry of Works, Transport & Communications |
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Tanzania still charges US$500 to Uganda trucks compared to US$152 charged on Rwanda trucks. |
|
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Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the experts' meeting met in March 2022 and gave recommendations to be considered by TCM.The Sectoral Committee on Trade was informed that the two Partner States had a bilateral meeting and agreed to charge Uganda tracks 10 USD charged per 100 Kilometers. Hence the NTB is resolved |
|
|
NTB-001-060 |
1.8. Import bans
Policy/Regulatory |
2022-02-16 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Prohibition of Sale of alcohol packed in 200ml containers and confiscation of products by CID and Local government Authorities.This is affecting only imported beverages.No Communication has been received on change of regulatory framework governing packaging of alcoholic drinks. |
|
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Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that Uganda banned sachet-packed alcohol.
RSS informed the meeting that this was not an NTB but a health issue. The meeting therefore agreed that the NTB should be resolved in the TBP |
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NTB-000-499 |
8.7. Costly Road user charges /fees |
2012-03-14 |
|
Tanzania |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Non-harmonized road user charges / road tolls in EAC Partner States. |
|
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Resolution status note:
|
On 14 June 2022 the EAC Secretariat reported that the SCTIFI meeting agreed that this is not an NTB since RUC is not harmonized in all EAC Partner States. The complaint is removed from the TBP |
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NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
|
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Resolution status note:
|
Kenya informed the meeting that the charges are in accordance with the existing KPA regulations. The verification charges are applicable to containers identified for verification upon the customer's request. The customer has a choice to use an independent agent. Hence this is not an NTB and is resolved. |
|
|
NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
|
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Resolution status note:
|
The Republic of Kenya informed the meeting that KPC does not require upfront payment or guarantee cheque for storage of oil. Therefore, the meeting agreed that Kenya sends written communication to the Republic of Rwanda through the EAC Secretariat by 13th May 2022.The meeting was informed that the Republic of Rwanda received the letter on 11th May 2022 through EAC Secretariat.The meeting, therefore, agreed to discuss operationalization modalities during Rwanda and Kenya JPC. The meeting agreed that the NTB was resolved. |
|
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NTB-001-047 |
8.8. Issues related to transit |
2021-12-01 |
Kenya: Mombasa sea port |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
On 4th December Juba Trades Union reported challenges in clearing their consignment at Mombasa Port due to new regulations, which is not clear to them at the time they getting their goods for the holiday season, the complain of challenges with the new introduce system including the payment which is not clearly justified or oriented to the stakeholders, clearing process at Mombasa come to stop and goods stop flowing to Nimule border of South Sudan, South Sudan National Chamber of Commerce reported the concern to the Ministry of Trade and Industry indicating the impact of the measure on the market prices and lack of goods if no action is taken considering its a holiday season. traders are losing by been charge demurrages at port and arrival of the goods after the season. The Ministry of trade took action by canceling the Certificate of Destination to allow the flow of goods to the county, However the action was not honored by the RSS Customs office in Mombasa, reported by Kenya International Freight & Warehousing Association (KIFWA), National Chamber did meet with the RSS Minister of Finance to look at the matter and he promise to communicate to the Revenue Authority since he is not aware of the new regulation and the charges imposed. With the mounting pressure from the stakeholders National Revenue Authority send a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted and the Minister of trade order is to be honored as per NRA letter, lastly on 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50 Charges not those mention on the Certificate of Destination Chagres below:-
1- 40ft Container $400
2- 20ft Container $365
3- Vehicle 4x4 $365
4- Regular Vehicle $300
5- All UN Consignment $365
6- Loose cargo $250
The main challenge traders have face is lack of coordination between different institutions and the partner states when introducing new regulations or policies, this current measure is not official resolved by Customs Division of NRA. we hope Kenya and South Sudan should address it to assure its traders they are on regional integration and the free movement of goods and people are a true. Engagement of stakeholders is a key in success of any measure introduce by the government |
|
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Resolution status note:
|
On 14 June 2022, the Secretariat reported that the framework under the Single Customs Territory (SCT), but also One-Stop Border Post (OSBP) manual has the provisions that allow the deployment of Customs Officers.
The National Revenue Authority sent a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted. On 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50. The two Partner States agreed to handle the matter administratively and should be resolved from the TBP |
|
|
NTB-001-042 |
2.6. Additional taxes and other charges |
2021-12-13 |
Uganda: Malaba |
Kenya |
Resolved
2022-05-05 |
View |
|
Complaint:
|
Uganda denial of preferential market access for footwear manufactured in Kenya by Umoja Rubber |
|
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Resolution status note:
|
Uganda Focal Point advised that this assessment was done before full declaration. The consignment wasn't charged all the indicated taxes after submission of relevant origin documents as in the attachment posted in the system. |
|
|
Products:
|
6402.99: Footwear with outer soles and uppers of rubber or plastics (excl. covering the ankle or with upper straps or thongs assembled to the sole by means of plugs, waterproof footwear of heading 6401, sports footwear, orthopaedic footwear and toy footwear) |
|
|
NTB-001-041 |
3. Technical barriers to trade (TBT)
B6: Product identity requirement |
2021-11-04 |
South Africa: Beit Bridge |
Zimbabwe |
Resolved
2021-11-22 |
View |
|
Complaint:
|
South Africa Port Health officials demanding an extended description on one of our products. The product is a sweet type described as Apricots on both packaging and invoice but the officials want us to have the packaging written Apricots sweets. We have been exporting the sweet to South Africa for more than 5 years. |
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Resolution status note:
|
The company had been allowed to export its consignment to South Africa after removing prohibited products. The NTB was resolved are following required procedures |
|
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Products:
|
2008.50: Apricots, prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit (excl. preserved with sugar but not laid in syrup, jams, fruit jellies, marmalades, fruit purée and pastes, obtained by cooking) |
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|
NTB-001-000 |
2.14. Other |
2020-12-01 |
Zimbabwe: Beitbridge |
Zimbabwe |
Resolved
2021-03-31 |
View |
|
Complaint:
|
ZIMRA is requesting all transporters to be registered in its system to be able to lodge electronic manifest. This is still happening and is resulting in delaying of movement of cargo at all its points of entry. The requirement is compulsory and difficult to operationalise as transporters most of them are small and medium and they do not have the technical know how of doing it. The requirement should be removed or be given to the registered agents who are already utilising the ZIOMTRA system. there has been no joy for both inward bound transporters and removal in transit. This is against the spirit of Trade facilitation . |
|
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Resolution status note:
|
Issue was resolved |
|
|
NTB-001-007 |
2.6. Additional taxes and other charges |
2021-02-25 |
Zambia: Livingstone |
|
Resolved
2021-11-29 |
View |
|
Complaint:
|
A member of the South African Brand owners Association is experiencing push back from Zambia’s Ministry of Health in that they do not want to issue the Zambian importers a Health Clearance certificate unless the product has been subjected to re-testing in Zambia.
The association presented the Certificate of Analysis issued by South African Department of Agriculture, Land Reform and Rural Development which is responsible for analysis of products in South Africa, which was rejected by Zambia authorities.
The importers ended up going to meet the Permanent Secretary at the Ministry of Health to plead their case for clearance of which the Ministry said that they could not advise on which specific metals to test and advised that for future reference and to avoid this occurring again, the importers may use the former certificates to identify the metals that are present to enable the lab to test accurately. The example attached by the Ministry was for the inclusion of the following tests:
Natamycin
Sorbic Acid
Zinc – ZN
Copper – CU
Iron – FE
Lead – PB
For years the South African Health Clearance Certificate was accepted. The duplication of test conducted results in the below additional costs for our importer:
R240 per wine selected. We export 202 skus. If we have to test all of them at least once a year then we will spend R48 480 annually to confirm that our products are in spect.
Following the meeting with Ministry of Health , the Zambian importers reported that some past COA’s have successfully now managed to gain clearance for 2021 Q1 and Q2. We would appreciate if this matter can be resolved. |
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Resolution status note:
|
A meeting held on 29 November 2021 between the Zambian Health Authority , DTIC and affected stakeholders . resolved the matter as follows:
1. Undertaking by Zambia to finish South Africa with the copy of the Regulations.
2. Acceptance of the South African Health Clearance Certificate
3. Testing of products once a year instead of bi-annually. |
|
|
NTB-001-033 |
1.8. Import bans |
2018-08-01 |
Tanzania: Tanzania Ministry of Livestock Development and Fisheries |
Kenya |
Resolved
2021-10-14 |
View |
|
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. |
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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-001-016 |
2.10. Inadequate or unreasonable customs procedures and charges |
2021-04-28 |
|
Uganda |
Resolved
2021-10-19 |
View |
|
Complaint:
|
Exporters of mattresses are suddenly required to pay 1250 USD dollars per mattress.This is an unclear tax and exorbitant. |
|
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Resolution status note:
|
The Republic of Uganda confirmed that the NTB was resolved. |
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Products:
|
9404.2: - Mattresses : |
|
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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-001-017 |
2.8. Lengthy and costly customs clearance procedures |
2021-02-09 |
|
|
Resolved
2021-10-13 |
View |
|
Complaint:
|
Differences on the Health Attestation requirements for different countries within the SADC region
1. resulting to the same products having to comply with multiple requirements.
2. Multiple movement certificate has to be issued by the State Vet for the same product in order to meet exporting country’s requirements. This is done for every lot to ensure easy exportation of products by Nestle and our customers.
3. The difference in requirements has resulted in shipment rejections by State Vet since picking of stock for exportation is done at the warehouse after movement certificate has be issued.
4. Above has a huge impact on cost, time delays and meeting customer service level.
This is experienced in Eswatini, Namibia, Zambia and Zimbabwe. The health authorities are requested to look into it and facilitate trade. |
|
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Resolution status note:
|
On 13 October 2021, Namibia during the meeting of 29 September 2021 where the issue was discussed, it was agreed that, since Namibia only has additional requirement when there is/was Foot and Mouth disease for a certain period, this is not an NTB. It was agreed that the complaint should be removed. Namibia therefore requests that her name be considered resolved . |
|
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NTB-001-027 |
2.2. Arbitrary customs classification |
2021-07-26 |
Madagascar: Toamasina Port à gestion autonome ( sea port) |
|
Resolved
2021-10-04 |
View |
|
Complaint:
|
Dear All,
Shipment of 3 Shipment Ex port-Louis - Toamasina
B/L 912715161 (3 isotanks) et 912706516 (2 isotanks) ETD Port-Louis 21/7/2021 ETA Toamasina 26/7/2021
B/L 912756116 31/07/2021 ETD 31/07/2021 ETA Toamasina 05/08/2021
For B/L 912715161 et 912706516- After all the proper import procedures were made. Goods were delivered to our client premises. Customs requested for another product testing and a minutes was signed between customs and my client (Sama)
FYI, kindly note that for all product of this kind a product sample is provided to the ministry of health for a certificate of conformity. Same was received for both shipments.
Despite all the export and import procedures were followed scrupuciously and in good faith. To-date our client has not received any notification regarding the product testing and its results. The goods are in our client premises but cannot be used as long as clearance is not obtained from customs. All the queries made by our client to the customs has been unfruitful.
B/L 912756116 - Those isotanks are blocked in the port. No clearance will be received as long previous shipment has not received clearance form customs. All the storages incurred will be on the behalf of our client.
This situation is severely jeopardising our client activities given they are almost out of stock. On our side, we have not received any payment from our client given that there is no visibility about this customs issue.
We hope the above will help and remain at your disposal for any further info you may require.
Very best regards
JEAN FRANCOIS DESVEAUX
MANAGING DIRECTOR
Ground Floor2
Hi Tech Center
Coastal Road
Pointe Aux Sables
Mauritius
Office: +230 235 02 69
Mobile:+230 5 254 70 20
E-mail: jeanfrancoisd@skvaint.com
Website: www.skvaint.com
|
|
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Resolution status note:
|
The Malagasy Customs Attache based in Mauritius facilitated the exchange of information with the Malagasy Customs and the issue was resolved. All containers have been cleared as confirmed by the exporter on 4th October 2021. The issue is resolved. |
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Products:
|
3808.94.9: --- Other: |
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NTB-000-992 |
7.10. Other |
2020-12-01 |
Zimbabwe: Chirundu |
Zambia |
Resolved
2021-09-02 |
View |
|
Complaint:
|
Zimbabwe is not consistent with the SADC COVID-19 requirement/guidelines of drivers requiring a 14 days validity test as a 48 hours requirement has been imposed. This has resulted in increase in cost of doing business as drivers have to take multiple COVID-19 tests which cost on average $76 per test. Transporters travelling into Zambia on the other hand can use their COVI-19 certificates within a 14 day period. A transporter delivering/transiting in Zimbabwe is required to take at least 2 COVID tests within the 14 day period. In some cases this has caused congestion at the border as truckers rush to beat the 48 hour COVID-19 test validity. |
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Resolution status note:
|
Zimbabwe reported that the COVID policies are consistent with SADC as follows:
1. 14 day validity is for bus operators and Malaitsha
2. Truck operators we need PCR valid for 30 days
3. Regular travellers 48 hrs.
48hrs means that for regular travellers, they must travel within 48 hours of getting PCR results. This requirement is for regular travellers. If truckers are complaining, its a misinterpretation by implementers.
In light of the above, ZIMRA indicated that corrective actions will be undertaken to address issues raised by the complaint. Effective supervision and monitoring will be implemented. |
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