Resolved complaints

Showing items 121 to 140 of 855
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status Actions
NTB-000-454 8.8. Issues related to transit 2011-09-03 Tanzania: Central Corridoor,Tanzania Uganda Resolved
2012-04-26
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Complaint: TRA has introduced check points in the Central Corridor with timeframes and imposed charges for the delays to reach the destinations  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Tanzania reported that the time frame of clearance of Transit goods from the point of entry to the point of exit had been used as control measure to ensure that there was no divergence of transit goods into local markets. In the Central corridor there are 3 check points that is Missugusugu, Dumila and Isaka.
From all these check points it takes 5 days to across border. In the southern corridor there are also 3 check points and it takes about 3 days to cross borders. Tanzania launched Electronic cargo Tracking System (ECTS) on 12th March, 2012 which was expected to commence operations in June, 2012. With ECTS there will be no need for Time frame as the goods would be monitored electronically. The legal document was given to Rwanda
 
NTB-000-925 7.4. Costly procedures 2019-06-03 Tanzania: Namanga & Arusha Kenya Resolved
2020-09-10
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Complaint: TRA cannot issue assessment for confectionery until Atomic Energy Certificate is attached in the system. This means samples have to be provided by agent / client to the Atomomic Energy in Arusha and a fee of 0.4% of invoice value paid. Samples from the whole country have to be sent to Arusha.
It then takes about 3-4 days for the certificate to be issued. The agent can then proceed with lodging the assessment after attaching the certificate in the system
 
Resolution status note: The SCTIFI held in September 2020, noted that this is an operational Issue and should be resolved from the EAC Time Bound Programme  
NTB-000-948 2.6. Additional taxes and other charges 2019-12-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2020-09-10
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Complaint: TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
 
Resolution status note: The SCTIFI agreed that the issue is operational; KRA and TRA should discuss and resolve it.Hence it is resolved from the EAC Time-Bound Programme  
NTB-000-157 2.8. Lengthy and costly customs clearance procedures 2009-07-27 Kenya: Kenya Revenue Authority Tanzania Resolved
2011-07-28
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Complaint: Too much time is lost during cross border pre-shipment inspection and certification for Kenyan bound cargo.  
Resolution status note: At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that KRA is currently carrying out time release study to determine time taken at borders.
2. EAC is in the process of introducing OSBP.
 
NTB-000-465 8.6. Vehicle standards 2006-07-01 Zimbabwe: Makuti turn-off to Kariba, from Chirundu-Harare highway. Zimbabwe Resolved
2012-08-09
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Complaint: TONNAGE LIMIT ROAD SIGN is still indicating retrictive tonnages. The sign should be removed to allow busses and small commercial trucks for traders to pass on Kariba Bridge.  
Resolution status note: Focal point reported that the Ministry of Transport removed the sign post in August 2012.  
NTB-000-216 8.7. Costly Road user charges /fees 2009-07-27 SADC Zimbabwe Resolved
2016-10-07
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Complaint: Toll fees variation within the region hampers smooth transit of goods. Toll fees should be rationalised.  
Resolution status note: FESARTA reported that the NTB does not exist at present.  
NTB-000-921 5.5. Import licensing requirements 2019-04-01 Tanzania: TMDA Kenya Resolved
2020-08-10
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Complaint: TMDA requires that registration of injectables be done per product instead of a pack size. The registration requirement increases cost of the products.  
Resolution status note: The RMC meeting held on 10 August 2020 was informed that Tanzania registers injectables per pack size as per the registration of pharmaceuticals regulation 5 subsection 6. Hence NTB is resolved  
NTB-000-174 1.1. Export subsidies
A82: Testing requirement
2009-07-27 Malawi: Malawi Revenue Authority Malawi Resolved
2012-04-26
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Complaint: Time taken to test products varies between five days for meat and poultry to ten days for batteries. The time factor and discretionary use of these services at the borders has lead to delays in the distribution.  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Malawi reported that the delays could be attributed to the practice of some importers who do not obtain prior certification of products before importing. For importation of meat products, SPS certification has to be obtained from Ministry of Agriculture before importing to avoid delays at the border. The same applies to importation of batteries. Import permit must be obtained from ministry of Trade before importation. The meeting accepted Malawi’s submission to have this NTB resolved.  
NTB-000-458 2.8. Lengthy and costly customs clearance procedures 2011-09-08 Botswana: Martins Drift Botswana Resolved
2012-12-11
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Complaint: Time taken to clear both side, high cost of paid to clearing agents both sides and attitude of Botswana customs officials is a seriuos concern and a mojr NTB. What you encounter at boarders is inconsistant and contradicts what the government preaches in relation to SMME development.  
Resolution status note: Botswana reported that BURS is committed to ensuring that all procedures are standard, transparent and consistent at all times to all traders and are working hard to ensure that this is maintained. BURS are working hard on those issues to ensure efficient service delivery to all traders including SMMEs as they recognize the fact that they also contribute hugely to the growth of the country’s economy.

With regards to clearance, Botswana reported that, under normal circumstances, when one has all requirements in place, electronically processed customs declaration will be processed within 4 hours and manual declarations within 24 hours.

Clearing agents’ fees vary from agent to agent, however the average clearing fee for Imports is P650.00 and P450.00 for exports, this depends on mostly the weight, volume and type of commodity. These fees are set by the market. In order for the trader to be able to bypass the clearing agents they need to have registered for the ASYCUDA system with BURS, traders who trade at least every week and meet other mandatory requirements are given rights to use the ASYCUDA system.
 
NTB-000-897 3. Technical barriers to trade (TBT)
B82: Testing requirement
Policy/Regulatory
2019-09-09 Kenya: Namanga Tanzania Resolved
2019-09-09
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Complaint: This incident happened at Namanga border on 09 September, 2019. The Kenya Bureau of Standard (KEBs) restricted car registration number T391 AVW/T945BMK with 10,000 Olynet Long lasting nest and 5, 920 MiraNet also long lasting nets manufactured by A to Z Textile Company. These products are TBS licensed. It was later allowed to enter Kenya under seal make until KEBS undergo their test, in Nairobi. We wish to get clarification on issue, if it has licensed by TBS how come need another test?  
Resolution status note: The Regional Monitoring Committee held on 15th October, 2019 noted that it was a one time incidence and is a normal practice in Standards, However the issue was resolved that same day and should be indicated as resolved.  
NTB-000-535 8.1. Government Policy and regulations 2012-10-12 South Africa: Vioolsdrift South Africa Resolved
2014-04-10
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Complaint: This complaint is registered by the Road Freight Association.
The South African Cross-Border Road Transport Agency is requiring cross-border permits for two vehicles to take one load from South Africa to Namibia.
One permit is required to take the load from Johannesburg or Cape Town to Upington, and another permit to take the load from Upington to Namibia.
The Truck taking the load from Johannesburg or Cape Town to Upington should not require a cross-border permit, since the transport is being done wholly in South Africa.
The CBRTA quotes the following excerpt from the Act: "“cross-border road transport” means the transport of passengers for reward or the transport of freight to or from the Republic crossing or intending to cross its borders into the territory of another state or in transit across the Republic or the territory of another state with a vehicle on a public road; (xv)"
If this clause means that two permits are required, then the clause must be changed.
In the meantime, a moratorium to remove the requirement for two permits, must be put in place.
 
Resolution status note: On 10 April 2014, Namibia Focal Point reported that the explanation provided by South Africa Focal Point confirming that CBRTA was acting within the legal framework was adequate evidence to have this NTB resolved. This NTB is therefore resolved on the grounds that the CBRTA action was legal.  
NTB-000-618 7.1. Arbitrariness 2013-12-06 Zambia: Nakonde Resolved
2016-03-31
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Complaint: This complaint is registered by FESARTA.
Resolved NTB 514 refers, whereby ZAMESCO had been forcing transporters to park in its parking area at Nakonde border post, and pay a daily fee.
In April 2013, Zambia reported that this practice was no longer occurring and the NTB was considered resolved.
However, transporters report that ZAMESCO continues to force transporters to park in its area and pay an increased US$35 per day.
This is unacceptable. If trucks have to park at the border to await clearance, there should be free parking available. If they wish to use ZAMESCO's facility, it should be their choice.
 
Resolution status note: On 31st March 2016, Zambia Focal Point reported that there was variety of parking at Nakonde Border which transporters can use. The situation where transporters were being coerced to park at ZAMESCO had been addressed. Therefore, given the availability of variety of packing spaces, Zambia advise that the transporters should explore and opt for best options available. Given this development, this complaint was considered resolved.  
NTB-000-608 8.7. Costly Road user charges /fees
Policy/Regulatory
2013-10-04 Zambia: Ministry of Transport, Works, Supply and Communications COMESA Resolved
2016-03-31
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Complaint: This complaint is registered by FESARTA.
Zambia is to introduce toll fees for all road users, on 1st November 2013.
The structure of the fees is detailed in the attachments.
The introduction is considered an unfair practice, since the tolls apply to foreign vehicles, and these vehicles pay road user charges on entry into the country.
The road user charges that the foreign vehicles pay (between USD10 per 100 kms and USD16 per 100 kms), are set to cover the road usage cost by the vehicles as they travel the country's roads.
The level of road user charges was recommended by COMESA, of which Zambia is a member.
Updated road user charges are being developed by the COMESA/EAC/SADC Tripartite and, when finalized, will be disseminated to member countries for their implementation.
Thus there is no justification for Zambia to introduce toll fees for foreign vehicles, as it is a duplication of the road user charges paid by them on entry into the country.
The added fees mean that foreign vehicles will be paying more than their fair share for road usage, and merely add to the cost of goods consumed in landlocked countries.
 
Resolution status note: On 31st March 2016, Zambia Focal Point reported that Toll fees are charged once at the port of entry for road usage from one point to the other and back. Transporters are only charged extra if they divert from their original route. The toll fees are discriminatory.  
NTB-000-565 8.1. Government Policy and regulations
Policy/Regulatory
2013-02-05 Zambia: Copperbelt South Africa Resolved
2016-03-31
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Complaint: This complaint is registered by FESARTA.
When a vehicle foreign to Zambia, enters that country and wishes to operate to the copperbelt, the driver has to identify the destination town and pay the relevant road user charge.
During the trip, after offloading, the transporter may wish to load at a different town on the copperbelt.
The driver then has to purchase additional road user charges to that town, from Ndola, which is the only town issuing rucs. The vehicle may not be going to Ndola.
This is very inconvenient and costly to the transporter.
 
Resolution status note: On 31st March 2016, Zambia Focal Point advised that it is mandatory for transporters to pay Road User Chargers in all cities in Zambia. This applies to the cited area (Kasumbalesa and Mufulira Mokambo) in the complaint posted. The charges apply during working days and over the weekend, transporters can only pay at the border post (Kasumbalesa and Mufulira Mokambo). Given this clarification, Zambia therefore recommended that this complaint be resolved.  
NTB-000-590 7.1. Arbitrariness 2013-05-16 Mozambique: Delegação Aduaneira de Machipanda (Road) South Africa Resolved
2014-03-17
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Complaint: This complaint is registered by FESARTA.
UNACCEPTABLE PROCEDURE FOR ESCORTING VEHICLES, BY MOZAMBIQUE CUSTOMS
Mozambique customs at Beira should only require the escorting of vehicles between Beira and Machipanda, and return, under special circumstances, eg abnormal or high value loads. The decision to call for escorts is made by the head of customs in Beira.
However, the escorting process is not efficient and reasonable, viz:
• Escorting is called for randomly and often for trucks carrying normal cargo such as tobacco and sugar
• The escorting fee is high at USD100 per truck
• Delays are caused whilst customs waits for 3 or more trucks to be escorted together. Or they may wait until the next day to suit their convenience
• Often, a customs officer does not even travel with the vehicles, but goes in a separate vehicle to take the documents to the next check point. On occasion, the trucks have to wait at the next check point because the officer is not there with the documents
• It is suggested that the escorting fees are merely split up between the various officers.
Escorting should not be necessary since transit bond guarantees are in place and the route between Beira and Machipanda is simple, direct and short. Furthermore, there are several check points along the route.
 
Resolution status note: The Mozambique Revenue Authority clarified that the referred escort fee of USD 100 was illegal. Mozambique Revenue Authority issued the Circular nº09/GD/DRC/2013, of 1st July, that has been published in all customs branches, and also uploaded onto the online system which states in summary that:
• The Fiscal Escort happens only and uniquely in the case of customs transit of high risk merchandise in terms of loss of revenue.
• In this case, Mozambique Revenue Authority will have to support the Escort expenses.
• It is prohibited to collect any values and deductions when this Escort is determined by customs.
 
NTB-000-515 8.7. Costly Road user charges /fees 2012-06-27 Zambia: Kazungula Ferry South Africa Resolved
2016-09-07
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Complaint: This complaint is registered by FESARTA.
Transporters are being charged a motor vehicle fee by Siavonga 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.
Please refer to NTB 480
 
Resolution status note: Zambia advised 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 measure shall be uploaded onto the online NTMs database .  
NTB-000-606 8.8. Issues related to transit 2013-10-08 Mozambique: Beira Port Zambia Resolved
2015-06-19
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Complaint: This complaint is registered by FESARTA.
There is a serious security problem with trucks entering the Munhava area of Beira port.
The Munhava access route is the only entrance used by trucks entering the port to load and offload.
This is an extremely high crime area with drivers being harassed by third parties while entering and departing the port. The road is in a poor condition and is congested so vehicles have to slow right down. The criminal elements gather in this area and stop the vehicles by engaging the rear axle park brake on the fuel tankers or jumping onto the vehicle itself. They then demand money from the drivers (approx. USD 5 to 10). Should the driver fail to pay over the cash, he is then pulled from the vehicle and beaten. The driver is then thrown under the truck while a member of the group enters the truck and steals the personal effects, radios, money, tools etc from the vehicle.
If the drivers overnight within the Port, they are harassed by parties again. If the driver leaves the vehicle to submit documents, they enter the vehicle using duplicate keys. As you know, keys for trucks are not unique.
If you are travelling along this road with fertilizers or as in the case of the attached photo, wheat, then you need an armed guard.
The photo was taken at the Junction of the Main Beira Road and Munhava Road. As the vehicle turned the corner and drove out of Munhava, the guard cleared the weapon and sat down, an indication that he was out of the ‘danger’ area.
It is noted that the target of these attacks are predominately launched at foreign transporters.
ASTROS, the National Road Transport Association (NRTA) in Beira, has held meetings with the chief of Sofala province police, chief of nearest police station, CFM management in Sofala, Cornelder Management, Transport department of Sofala, and ultimately the Sofala Governor. The Governor has even opened a free telephone link to ASTROS. None of these initiatives have solved this problem.
CFM and the police know who the criminals are, where they stay and how they act, but simply do nothing.
This is a most serious situation and requires the urgent attention of the Regional Economic Communities (SADC, COMESA).
 
Resolution status note: On 19 June 2015, Mozambique Focal Point reported that the competent Provincial authorities in Sofala reported that security in the area had been reinforced to ensure safety of truckers. Further Mozambique Focal Point advised that, in future, FESARTA should provide names and force numbers for the police officer/s asking for bribes to assist in further investigations. Mozambique therefore has resolved the complaint  
NTB-000-604 7.5. Lengthy procedures 2013-09-19 Zambia: Chirundu South Africa Resolved
2013-11-13
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Complaint: This complaint is registered by FESARTA.
There are excessive delays at the Chirundu border post between Zimbabwe and Zambia
Trucks are taking around 5 days to transit the border and are completing only one trip Beira, Zambia and return, per month. Their monthly kilometres travelled is down to around 5000 kms per month. No transporter can accommodate such a low utilization of his fleet.
The queue on the Zimbabwe side, stretches for anything up to 10 kms.
There are several reasons for the delays at this border post, including:
Strict application of new rules and procedures by the Bank of Zambia and ZRA
The scanning machine has been under repair
There were special arrangements for Ministers visiting the border and so restricting the passage of trucks
The commercial operating hours are from 0800 to 1630. This is insufficient for the traffic flow
A tug-of-war between ZRP and ZIMRA as to which should control the traffic on the Zim side
When a crisis like this occurs, officials "make a plan" and clear the border of backlog.
It is understood that it costs $10 to get to the front of the queue and $20 to get into customs. Transit can then be made in 12 hours.
This is not acceptable.
There should be a permanent process in place to ensure the border does not get congested.
One solution, is to open the border from 6am to midnight, as with Beitbridge.
Extra security will have to be put in place to accommodate this night traffic and parking.
Urgent and effective measures must be taken.
 
Resolution status note: On 7th October 2013, the Zimbabwe Focal Point reported that the relevant NMC members comprising Ministry of Transport and Infrastructure Development, Zimbabwe Revenue Authority and the Ministry of Industry and Commerce held a meeting on 4 October 2013 to consider the urgent complaint raised by the Transport Operators’ Association of Zimbabwe also posted on the online system as NTB 604. The meeting observed that that the congestion was a result of increased traffic on the North South Corridor and also increase in traffic from Beira Port. This is coupled with inadequate infrastructure at the border which was not designed to contain the large volume of traffic.
The meeting identified the following factors that contributed towards the congestion as well as a way forward to address the problem resulted in clearing the congestion.
1. The congestion which was experienced recently was partly caused by break down of scanner on the Zambian side due to heat. The Zambians are scanning 100% on commercial cargo. This also contributed to the problem.
2. Inadequate infrastructure is the main challenge at the border. North-bound trucks are only released four at a time because there is no holding space on the Zambian side.
3. ZIMRA has a challenge of accommodation at the border, so when they send their relief staff they will be staying in Kariba, which is also costly for them.
4. Problems of congestion at Chirundu can only be solved by engaging the Zambian counter-parts since the problem is brought about by north bound traffic.
5. ZIMRA is pre-clearing most trucks but Clearing Agents release trucks in batches to minimise movement across the border. This creates additional congestion. However, ZIMRA have already engaged the agents on the issue.
6. ZIMRA has already engaged ZRA and they have made an administrative arrangement to work up to 10pm whenever the traffic volume is high. ZIMRA have also reacted to ease the congestion problem by sending 19 additional staff.
7. It emerged that there is lack of control of trucks outside the border area. The police and the Rural District Council seem not to be playing their role. The trucks would also be mixed with that carrying hazardous and flammable goods which is very risk.
8. The Ministry of Transport and Infrastructure Development is going to set up a committee which will visit Chirundu Border Post to get more information from the people on the ground.

Way forward

1 Zimbabwe set up a committee to visit the border to establish facts from the people on the ground.
2. Zimbabwe will make effort to engage her Zambian counter-parts so that they create some holding space for north-bound traffic.
3. Zimbabwe Ministry of Transport is working on creating temporary parks on the Zimbabwean side as well as building accommodation for border agencies.
 
NTB-000-604 7.5. Lengthy procedures 2013-09-19 Zambia: Chirundu South Africa Resolved
2013-11-13
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Complaint: This complaint is registered by FESARTA.
There are excessive delays at the Chirundu border post between Zimbabwe and Zambia
Trucks are taking around 5 days to transit the border and are completing only one trip Beira, Zambia and return, per month. Their monthly kilometres travelled is down to around 5000 kms per month. No transporter can accommodate such a low utilization of his fleet.
The queue on the Zimbabwe side, stretches for anything up to 10 kms.
There are several reasons for the delays at this border post, including:
Strict application of new rules and procedures by the Bank of Zambia and ZRA
The scanning machine has been under repair
There were special arrangements for Ministers visiting the border and so restricting the passage of trucks
The commercial operating hours are from 0800 to 1630. This is insufficient for the traffic flow
A tug-of-war between ZRP and ZIMRA as to which should control the traffic on the Zim side
When a crisis like this occurs, officials "make a plan" and clear the border of backlog.
It is understood that it costs $10 to get to the front of the queue and $20 to get into customs. Transit can then be made in 12 hours.
This is not acceptable.
There should be a permanent process in place to ensure the border does not get congested.
One solution, is to open the border from 6am to midnight, as with Beitbridge.
Extra security will have to be put in place to accommodate this night traffic and parking.
Urgent and effective measures must be taken.
 
Resolution status note: On 13 November 2013 ZIMRA reported that the problem of long queues at Chirundu had been resolved and there were no queues at the border thereby resolving this NTB.  
NTB-000-551 8.7. Costly Road user charges /fees
Policy/Regulatory
2012-11-02 Zimbabwe: Victoria Falls South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The Zimbabwean Ministry of Transport and Infrastructure is levying a toll of US$30 per trip, for the crossing of the Victoria Falls bridge. Ref: SI 171 of 2012.
This toll is not justified because it was never discussed with those who are having to pay the toll and there is no reconciliation for the amount of the toll.
Furthermore, transporters pay road user charges, which are to cover the wear and tear caused to the roads and bridges.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
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