| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-207 |
1.1. Export subsidies
A84: Inspection requirement |
2009-07-27 |
Malawi: Ministry of Trade |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Cumbersome export certification procedures. The delays in going through the inspection process and approval process which takes a minimum of three working days, can be costly to exporters particularly for perishables. the process is that the Malawian importer seeks approval from ITS Malawi for inspection. ITS Malawi notifies ITS head office, which is in South Africa. Head office instructs ITS Zimbabwe and gives them authority to carry out the inspection at the Malawian Company's expense. |
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|
Resolution status note:
|
Malawi reported that these procedures are no longer applicable, phased out with PSI in 2007 |
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NTB-000-158 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Tanzania: Ministry of Agriculture |
Tanzania |
Resolved
2016-05-18 |
View |
|
Complaint:
|
Cumbersome procedures for , SPS certificates and the permits.The Ministry utilitises its own laboratories in Dar es Salaam with support from Tropical Pesticide Research Institute in Arusha which takes even more time. |
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Resolution status note:
|
The procedures are being streamlined |
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NTB-000-577 |
2.6. Additional taxes and other charges |
2013-04-12 |
Zimbabwe: Zimra Head Office |
Zimbabwe |
Resolved
2013-07-30 |
View |
|
Complaint:
|
Customs and Excise (Surtax Tariff) Notice ,2012, Statutory Instrument 112 of 2012,
Customs has introduced surtax on almost most of the agricultural products on the STR list of Eligible products, instead of paying 10% as presumptive tax there are now required to additional tax 25% as surtax that will amount to 35% and those which are not agriculture products instead of paying 25% as vat and presumptave tax there is additional 25% that means they will pay 50%, this a barrier, this will disturb the spirit of STR and all efforts to formalise transactions, and inrease cases of smuggling and corruption ,can there be clarity from Customs/Zimra for this surtax |
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Resolution status note:
|
On 01 June 2013, Zimbabwe Revenue Authority ( ZIMRA) reported that the introduction of surtax was not targeted at STR products as the surtax is also levied on importations of the same goods from other countries taking into consideration the terms of any trade arrangements or protocols that may exist between Zimbabwe and that trading partner or block. The On 30 July 2013, Zimbabwe Focal Point advised that the NTB be conisdered resolved by the confirmation from ZIMRA that the surtax was not discriminatory. |
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NTB-000-578 |
2.10. Inadequate or unreasonable customs procedures and charges |
2013-04-13 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-06-13 |
View |
|
Complaint:
|
Customs at kariba Border Post seized my goods: 12 off klorpoder 25 kg and 28 off micromatic plus all cleaning powders claiming that the prices on the invoice are not true. Invoice price for Micromatic was at $3 & $3.50 for klorpowder which are manufactured by Nemchem Zimbabwe .These prices can be verified with manufacturer, Contact Nemchem at + 263 774017418 |
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Resolution status note:
|
On 12 June 2013, Zimbabwe Revenue Authority reported that, the goods were seized in accordance with the Zimbabwe Customs and Excise Act (Chapter 23:02) which provides that an officer may seize any goods which he has reasonable grounds for believing are liable to seizure. The Act empowers the Commissioner to either unconditionally or subject to such conditions, whether as to the payment of a fine, order the release of any such goods from seizure or declare them forfeited. The client is therefore advised to make the required representations for possible release of the seized goods and submit them to the office though which the goods were seized stating all the facts relating to the seizure. Any decisions made can be appealed against up to until they reach the Commissioner-Generals office or even the courts to ensure transparency |
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NTB-000-578 |
2.10. Inadequate or unreasonable customs procedures and charges |
2013-04-13 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-06-13 |
View |
|
Complaint:
|
Customs at kariba Border Post seized my goods: 12 off klorpoder 25 kg and 28 off micromatic plus all cleaning powders claiming that the prices on the invoice are not true. Invoice price for Micromatic was at $3 & $3.50 for klorpowder which are manufactured by Nemchem Zimbabwe .These prices can be verified with manufacturer, Contact Nemchem at + 263 774017418 |
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Resolution status note:
|
he Zimbabwe Customs and Excise Act (Chapter 23:02) provides that an officer may seize any goods which he has reasonable grounds for believing are liable to seizure. On the other hand the same Act empowers the Commissioner to either unconditionally or subject to such, conditions whether as to the payment of a fine, order the release of any such goods from seizure or declare them forfeited. The client is therefore advised to make the required representations for possible release of the seized goods and submit them to the office though which the goods were seized stating all the facts relating to the seizure. Any decisions made can be appealed against up to until they reach the Commissioner-Generals office or even the courts to ensure transparency. |
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NTB-000-582 |
2.6. Additional taxes and other charges |
2013-03-18 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-07-30 |
View |
|
Complaint:
|
Customs charging duty on STR goods which are exempted from paying duty under the Comesa Simplified Trade Regime |
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Resolution status note:
|
On 30 July 2013, Zimbabwe Focal point confirmed ZIMRA report that Zimbabwe does not charge customs duty on goods that qualify under STR if the goods have been properly declared as per the requirement. It should however be taken into cognizance that Import Value Added Tax (VAT) at a rate of 15% is payable. Also where the importer does not have a Tax Clearance Certificate (ITF 263) Presumptive Tax at a rate of 10% of the Value of the goods being imported is payable. Clearance under STR is limited to a consignment of us$1000. If the consignment exceeds the US$1000 duty is paid on the excess
List of goods which qualify under STR are displayed at the respective Border Posts. Furthermore TIDOs are placed at the respective Border Posts to assist persons importing such goods understand the clearance procedures. |
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Products:
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5402.11: High-tenacity filament yarn of aramids (excl. sewing thread and yarn put up for retail sale) |
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NTB-000-252 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Namibia: Revenue Authority |
Namibia |
Resolved
2011-05-11 |
View |
|
Complaint:
|
Customs Clearing process at the Oshikango/Santa Clara border is very long. |
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Resolution status note:
|
The Ministry of Finance recruited 41 staff members as of January 2011 in an effort to clear up the Customs Clearance process. |
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NTB-000-250 |
7.6. Lack of information on procedures (or changes thereof) |
2009-09-08 |
Namibia: Revenue Authority |
Namibia |
Resolved
2012-05-03 |
View |
|
Complaint:
|
Customs documentation not stamped on export of cosmetics, creams, ointments to RSA, Angola and Botswana,is left behind and delivered late resulting in late claim or no claim of VAT. |
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Resolution status note:
|
Namibia reported that according to Namibia customs regulations, customs cannot put a stamp on documents that have not been verified by them. It is the duty of the client to make sure that they pass an entry with customs ( declare the items with customs) in order for customs to authenticate such documents and to put the required stamps on the customs documents. |
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NTB-000-251 |
7.6. Lack of information on procedures (or changes thereof) |
2009-09-08 |
Namibia: Namibia Revenue Authority |
Namibia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Customs documentation not stamped on export of pharmaceuticals to RSA, Angola and Botswana,is left behind and delivered late resulting in late claim or no claim of VAT. |
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Resolution status note:
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Namibia reported that, procedurally no parcels are allowed to leave the Border with out the accompanying documentation. The same procedures are expected to apply at the border of the receiving country otherwise the items cannot be cleared |
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NTB-000-746 |
2.3. Issues related to the rules of origin |
2017-03-17 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-04-25 |
View |
|
Complaint:
|
Customs in Kenya are not accepting the COMESA certificate of origin which has been issued by the Competent Authority in Mauritius based on the "value addition" rule. While all criteria and conditions have been met to comply with the "value addition" rule, officials from the Kenyan Revenue Authority have blocked the consignments of refined sugar which were duly accompanied by a COMESA certificate of origin. |
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Resolution status note:
|
On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access. |
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Products:
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1701.99: Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar containing added flavouring or colouring and raw sugar) |
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NTB-000-544 |
2.3. Issues related to the rules of origin |
2012-06-01 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2013-06-13 |
View |
|
Complaint:
|
Customs Manager Churundu, Zimbabwe, he is not giving Value to STR Simplified Trade Regime under Comesa, all congnments with a $1000 value, though it is the value threshold he is revaluing the goods in order to exceed $1000 so that the trader will will not have the benefit of not paying duty, thereby confusing traders and prejudicing them of their priviledges and rights given to then by the gorvnment of not paying duty if they buy products on the List of Eligible products |
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Resolution status note:
|
On 1st June 2013, ZImbabwe Revenue Authority explained that the price paid or payable which is the transaction value is normally used to arrive at the value for duty purposes. For STR consignments where the transport and insurance has not been proved the value will be uplifted by 6% as the value for duty purposes in Zimbabwe is on a Cost, Insurance and Freight Basis.There is never an intention by Chirundu or any ZIMRA Office to deny importers their right to clear goods under STR where the goods are properly declared. Where the goods are not properly declared the offices may be forced to resort to revaluation. It should borne in mind that value of goods under STR are generally predictable as the suppliers are few, known and their range of prices can be common.
Zimbabwe Revenue Authority further observed that, this complaint is too general and is not pointing to a particular incident. Should they have a specific query, the complainant is encouraged to make a write up to the Commissioner General of the Zimbabwe Revenue Authority so that investigations are carried out and the query responded to. In the spirit of transparency the complainant is also advised to raise any issues with the Regional Manager responsible for Chirundu who is based at Kurima House in Harare.
In the absence of specific reference to affected product or incidence, this complaint will be considered resolved on the basis of the explanations above. |
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NTB-000-356 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Tanzania: Tanzania Revenue Authority |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Customs officers arbitrarily verify goods in transit at various check points and break seals for 100% physical verification leading to delays, breakages for goods thinly packed in the container etc. Customs could communicate with the next customs point at the border for verification to avoid 100% verification along the way. In some instances, the verification would have taken place at the point of loading the goods. |
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Resolution status note:
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Tanzania Revenue Authority reported that there are only two check points in Misubusubu and at Makambako to check only the if truck abides by transit time and transit route. TRA does not break any seals. If any seal is tempered with transporter is supposed to notify TRA office, transit check point or the nearest police station. All transit check points are automated under asycuda so they can be monitored in the system. TRA is in the process of acquiring electronic cargo tracking system hence check points will go away. |
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NTB-000-392 |
2.8. Lengthy and costly customs clearance procedures |
2011-02-14 |
Mozambique: Customs |
Mozambique |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Customs require supervision of packing of all export containers for certain products such as perishables, at point of packing. This means that they have to supervise packing on the farm. This requires that the export company provides transport, expenses and accommodation to customs officers for the times when containers are being packed. Often customs officers are not available, or are delayed meaning that the company has to wait for them. If the company is a regular exporter and its farm is located away from a customs post (often the case) then they are required to provide accommodation, office space and living expenses for customs officers to be permanently on site to supervise any containers packed |
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Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Mozambique reported that this is a not a NTB but a normal customs procedure to seal containers at the farm in order to expedite exports. Once sealed the container is not opened at the port. |
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Products:
|
0708.10: Fresh or chilled peas "Pisum sativum", shelled or unshelled |
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NTB-000-447 |
2.8. Lengthy and costly customs clearance procedures |
2011-09-03 |
EAC |
Rwanda |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Customs working hours are not harmonized |
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Resolution status note:
|
Customs working hours have been harmonized by OSBPs |
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NTB-001-130 |
1.14. Lack of coordination between government institutions |
2023-09-30 |
Kenya: Busia |
Kenya |
Resolved
2023-10-11 |
View |
|
Complaint:
|
Dairy Board officers not in work over the weekend and week days after 1500HRS yet is 24 hr operational |
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Resolution status note:
|
The issue was addressed and the trader confirmed he was served |
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NTB-000-373 |
7.1. Arbitrariness |
2010-02-10 |
Tanzania: Dar-es-Salaam Port |
Zambia |
Resolved
2011-05-23 |
View |
|
Complaint:
|
Dar es Salaam port arbitrarily transfers containers to Inland Container Deports without the knowledge of importers and charges importers between US$150-US$200 depending on the type of ICD the containers are sent to. |
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Resolution status note:
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Tanzania reported that, currently the TPA is discouraging the Transit Cargo to be transferred to ICDs by keeping them at the port or by operating the system of Whole Ship Transfer to ICDs with no additional charges. |
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NTB-000-165 |
8.7. Costly Road user charges /fees |
2009-07-27 |
Tanzania: Dar-es-Salaam Port |
Tanzania |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Dar es Salaam port charges are considered high although it is one of the best ports in the region. Registration and accreditation of transporters is high, In addition to the charges and logistics, transit bonds are bureaucratic and are treated differently in other SADC countries. |
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Resolution status note:
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The 10th meeting of SADC Committee on Trade facilitaion agreed that the NTB was outdated & also that ‘charges’ had to be unpacked to enable comparison of all types of charges imposed at the port. It was noted that Dar es Salaam Port has special dispensations for transit cargo, which are not offered to cargo destined to Tanzania. According to the latest study by Tanzania, the Dar es Salaam port is the cheapest in the Region therefore this NTB was 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:
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3808.94.9: --- Other: |
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NTB-000-669 |
8.3. Immigration requirements (Visa, travel permit)
Policy/Regulatory |
2014-09-02 |
Tanzania: Immigration |
Kenya |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Delay of issuance of work permit by United Republic of Tanzania |
|
|
Resolution status note:
|
The issue is not about integrating the permits but the 'delays' in issuing the permit. This anomaly can be corrected. Focal points need to get more information on the nature of Delay. At the Tanzania NMC meeting, Immigration reported that the work permits are processed within 14 days maximum if all information is provided. |
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|
NTB-000-332 |
2.3. Issues related to the rules of origin |
2009-09-09 |
Eswatini: Customs |
Eswatini |
Resolved
2010-07-28 |
View |
|
Complaint:
|
Delays have been experienced in the issuing Certificates of Origin |
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Resolution status note:
|
Swaziland reported that Customs Department issues certificates of origin for exports destined to US through AGOA and EU through Euro 1. The Trade Promotion Unit issues certificates for SADC and COMESA. Therefore there is need for clarity on which of these institutions is causing delays. |
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