| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-891 |
2.8. Lengthy and costly customs clearance procedures |
2019-04-09 |
South Africa: Cape Town |
Eswatini |
Resolved
2020-02-04 |
View |
|
Complaint:
|
SARs stopped containers for inspection and are demanding proof of payment from consignee/buyer to the exporting company (Supplier) for the goods in transit to Eswatini. The affected company, Long Wei Investments are experiencing delays and incurring storage and demurrage charges at the port of discharge in Cape Town. SARS has withheld the consignment for over seven days from 9th April 2019. SARs are asking for different documentation at different times and dates thereby further delaying the inspection process and release of the consignments. The affected products are on Bill of Lading No. COSU6198384160 |
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|
Resolution status note:
|
The Focal Point for Eswatini reported that the matter had been resolved. |
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|
NTB-000-973 |
We are asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected. |
2020-08-04 |
Mozambique: Delegação Aduaneira de Namaacha |
Eswatini |
Resolved
2021-07-09 |
View |
|
Complaint:
|
Eswatini Company is asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected in line with Ministerial Diploma NO 18/2007 of February 9, which approves the table of various fees for Border Posts, effective from August 2, 2020. However inspection cargo is not done and therefore we are made to pay for services not rendered. Further , the drivers have t pay to get their passport stamped.
How do we dertermine the time the vehicles stays at the border if we are billed a hourly charge all documentation and taxes dues are paid in advance to try and speed the process up why does the driver need to pay to have his passport stamped on arrival and more strangely on exiting with an empty vehicle. |
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|
Resolution status note:
|
Mozambique Focal Point reported that the inspection fee for motor vehicles at the Namaacha border was charged under Ministerial Diploma nº 18/2007, of 9 February. However, said fee was revoked by Ministerial Diploma nº 28/2021, of 30 April 2021 |
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Products:
|
3214.10: Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings |
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|
NTB-000-033 |
5.10. Prohibitions |
2008-12-22 |
Uganda: Ministry of Rourism, Trade and Industry |
Kenya |
Resolved
2019-04-26 |
View |
|
Complaint:
|
Ban on Imports
Kenya has complained that Uganda had placed a ban on beef imports |
|
|
Resolution status note:
|
Uganda reported that the issue is not for Kenya but all other Partner States. And it is only on frozen beef she resolved the issue. |
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|
Products:
|
0202.30: Frozen, boneless meat of bovine animals |
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|
NTB-000-038 |
2.3. Issues related to the rules of origin |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Kenya complained that Malawian Government require submission of Form 18 along with COMESA Certificate of Origin. On Form 18, exporter has to justify that value addition amounts to 51% contrary to the COMESA value addition requirement of 35%. |
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|
Resolution status note:
|
At their meeting eld on 29 August 2011, Kenya NMC reported that Kenya is no longer encountering this problem and are therefore happy to get it considered resolved. |
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|
NTB-000-032 |
1.7. Discriminatory or flawed government procurement policies |
2004-05-27 |
Ethiopia: Ministry of Trade |
Kenya |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Requirement that goods exported to Ethiopia should be transported through the National Shipping Lines.
Kenya has complained that Ethiopian authorities require that all exporters to Ethiopia must use national shipping lines. |
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|
Resolution status note:
|
Ethiopian Government wrote to COMESA Secretariat on 7th January 2008 stating that they were now complying with Article 57 of the Treaty |
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NTB-000-050 |
1.7. Discriminatory or flawed government procurement policies |
2004-12-23 |
Ethiopia: Ministry of Trade |
Kenya |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Requirement that transporters using the road network should use the Ethiopian transporters.
Kenya has complained that Ethiopian authorities require that all transporters must use Ethiopian transporters. |
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|
Resolution status note:
|
Ethiopi wrote to COMESA secretariat on 7th January 2008 informing that they were complying with article 57 of the Treaty |
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|
NTB-000-052 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2012-05-30 |
View |
|
Complaint:
|
25% excise duty on edible oils
Kenya complained that Malawian Government charge 25% excise duty on imports of edible oils. |
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Resolution status note:
|
At the NTBs SMS launch meeting hel on 09 April 2013, Malawi reported that this issue had been resolved and confirmed that Malawi chrges a duty of 20 percent which is is applied to both local and imported commodities hence its non discriminatory, therefore not an NTB. |
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Products:
|
1511.90: Palm oil and its fractions, whether or not refined (excl. chemically modified and crude) |
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|
NTB-000-052 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2012-05-30 |
View |
|
Complaint:
|
25% excise duty on edible oils
Kenya complained that Malawian Government charge 25% excise duty on imports of edible oils. |
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|
Resolution status note:
|
Malawi reported that the excise tax was non- discriminatory |
|
|
Products:
|
1511.90: Palm oil and its fractions, whether or not refined (excl. chemically modified and crude) |
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|
NTB-000-051 |
2.7. International taxes and charges levied on imports and other tariff measures |
2004-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2011-07-28 |
View |
|
Complaint:
|
25% excise duty on laundry soap.
Kenya complained that Malawian Government charge 25% excise duty on imports of laundry soap. |
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|
Resolution status note:
|
At their meeting held on 29 August 2011, Kenya NMC reported that consultations had taken place between the Ministers of Trade of the two coutries which resolved the matter. |
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Products:
|
3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
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|
NTB-000-030 |
2.3. Issues related to the rules of origin |
2008-12-22 |
Egypt: Ministry of Trade |
Kenya |
Resolved
2011-05-11 |
View |
|
Complaint:
|
Kenya complained that Egyptian authorities were demanding the galvanized steel coils should be engraved with the wording 'Made in Kenya as proof of origin' |
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|
Resolution status note:
|
Egypt reported that the issue had been resolved through diplomatic channels. the Egyptian authorities forwarded an official reply in this regard through diplomatic channels including that the technical standard on Egyptian imports of galvanized steel coils, as well as the COMESA rules of origin does not require codification of the indication of origin on the product. |
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Products:
|
7208.39: Flat-rolled products of iron or non-alloy steel, of a width of >= 600 mm, in coils, simply hot-rolled, not clad, plated or coated, of a thickness of < 3 mm, not pickled, without patterns in relief |
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|
NTB-000-058 |
2.3. Issues related to the rules of origin |
2009-02-09 |
Eritrea: Eritrea Revenue Authority |
Kenya |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Kenya reported that the Government of Eritrea is rejecting the COMESA Certificate of origin on processed meat exports from the Farmers Choice in Kenya due to authenticity of Signatures. |
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Resolution status note:
|
Eriteria reported that the issue was resolved by the COMESA customs and trade committee meeting |
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Products:
|
2102.10: Active yeasts |
|
|
NTB-000-039 |
2.3. Issues related to the rules of origin |
2004-05-23 |
Rwanda: Ministry of Trade |
Kenya |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Kenya complained that the Authorities in Rwanda has denied market access of galvanized steel sheets. |
|
|
Resolution status note:
|
Rwanda reported that issue was resolved through EAC |
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Products:
|
7301.10: Sheet piling of iron or steel, whether or not drilled, punched or made from assembled elements |
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|
NTB-000-041 |
2.3. Issues related to the rules of origin |
2004-12-22 |
Sudan: Ministry of Trade |
Kenya |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Non recognition of Certificate of Origin (case outstanding since 2001)
Kenya complained that the Authorities in Sudan refused to recognise the COMESA Certificate of Origin from Kenya on exports of Galvanised Steel Pipes |
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|
Resolution status note:
|
Sudan reported that the issue was resolved through the COMESA Customs and Trade Committee. (Report of the COMESA Customs & Trade Committee) |
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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-000-035 |
2.7. International taxes and charges levied on imports and other tariff measures |
2008-12-22 |
Uganda: Ministry of Trade |
Kenya |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Import Tariffs
Kenya complained that Ugandan authorities were utilizing 1994 tariff levels as base year for calculating COMESA discounts. |
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|
Resolution status note:
|
Uganda reported that she is no longer using 1994 tariff levels as base year for calculations |
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|
NTB-000-036 |
4. Sanitary & phyto-sanitary (SPS) measures
A82: Testing requirement |
2004-05-21 |
Uganda: Uganda Bureau of Standards |
Kenya |
Resolved
2010-11-29 |
View |
|
Complaint:
|
Kenya complained that Ugandan authorities were requesting for samples of milk to Uganda Dairy Development Authority for testing and that they were not accepting the certificate of analysis from Kenya Bureau of Standards on Kenyan Products. |
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|
Resolution status note:
|
Uganda reported that the Uganda Dairy Development Authority (DDA) has never denied entry of milk from Kenya except for a one-off incident that happened in 2007 where the denial of entry was attributed to the water content, about 27%, in the imported milk.
The Uganda DDA respects quality certification from the country of origin and does not subject that milk to fresh certification. Some companies however prefer to bring into Uganda samples for analysis but neither the Uganda National Bureau of Standards (UNBS) nor the Uganda (DDA) analyze items that have been analyzed by the Kenya Bureau of Standards( KEBS). They only monitor and consult with the sister bureaux of standards in the EAC Partner States. |
|
|
Products:
|
0402.10: Milk and cream in solid forms, of a fat content by weight of <= 1,5% |
|
|
NTB-000-412 |
2.3. Issues related to the rules of origin |
2009-05-08 |
Sudan: Port Sudan sea port |
Kenya |
Resolved
2015-01-19 |
View |
|
Complaint:
|
Sudan customs authorities refused to recognise COMESA certificates of origin for the export of laundry soap noodles manufactured in Kenya. The soap noodles are packed in 25kgs PP woven bags. |
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|
Resolution status note:
|
On 19 January 2015, Kenya focal point reported that, ideally Sudan Customs should have requested COMESA for a verification mission to Kenya, but the issue was left hanging. Kenya would therefore want this NTB removed from the outstanding NTBs ‘as resolved’ on grounds that the affected company had advised Focal point to close the case since they are no longer exporting soap noodles to Sudan. The NTB shall be registered afresh if it features again. At that point, reporting company will be requested to provide the supportive documents with current dates. |
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|
Products:
|
3401.20: Soap in the form of flakes, granules, powder, paste or in aqueous solution |
|
|
NTB-000-428 |
2.3. Issues related to the rules of origin |
2011-08-01 |
Tanzania: Mbeya |
Kenya |
Resolved
2013-10-17 |
View |
|
Complaint:
|
EXPORT OF PLASTIC FROM KENYA TO TANZANIA ARE SUBJECTED TO 25% DUTY |
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|
Resolution status note:
|
At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment. |
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|
Products:
|
3905.21: Vinyl acetate copolymers, in aqueous dispersion |
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|
NTB-000-430 |
2.3. Issues related to the rules of origin |
2011-08-23 |
Tanzania: Lungalunga |
Kenya |
Resolved
2013-10-17 |
View |
|
Complaint:
|
plastic bags doubted as to the rule of origin despite the existence of rule of origin certificate |
|
|
Resolution status note:
|
At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment. |
|
|
NTB-000-431 |
2.3. Issues related to the rules of origin |
2010-08-31 |
Tanzania: Namanga |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
Tanzania is charging 25 percent duty on Kenya exports of self adhesive tapes despite the fact having EAC certificate of origin |
|
|
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 a verification mission to authenticate whether the products conform to the Rules of Origin was undertaken and the NTB had been resolved. |
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Products:
|
3919.10: Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, in rolls <= 20 cm wide |
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