Resolved complaints

Showing items 121 to 140 of 792
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 (additional)
COMESA
EAC
SADC
Reporting country or region
COMESA
EAC
SADC
Status Actions
NTB-000-849 1.14. Lack of coordination between government institutions 2018-09-12 Uganda: Kampala Rwanda Resolved
2018-11-28
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Complaint: Two Trucks on Transit from Rwanda to Mombasa carrying minerals for export are impounded by Uganda Mineral Protection Police Unit.  
Resolution status note: The NTB was resolved during meeting of Nov 2018  
NTB-000-841 2.3. Issues related to the rules of origin 2018-09-06 Uganda: Malaba EAC Resolved
2018-11-16
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Complaint: Uganda does not recognize the calibration certificate issued by Weight and Measures Agency (WMA) for oil tanks from URT  
Resolution status note: Tanzania reported during the 25th EAC Regional Forum on NTBs that it was Resolved  
NTB-000-840 2.3. Issues related to the rules of origin 2018-09-06 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Tanzania not granting preferential tariff treatment and non-recognition of EAC Certificate of Origin issued by KRA to leaf springs.  
Resolution status note: Kenya reported during the 25th EAC Regional Forum on NTBs that it was Resolved  
NTB-000-846 7.5. Lengthy procedures 2018-09-06 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Tanzania registers Kenya Trucks carrying transit goods.  
Resolution status note: Tanzania informed the meeting that it is not a new registration but recording them in the system for the purpose of the SCT. This is done annually and is free. URT informed the Meeting that this is declaration and recording of trucks but not registration.
The NTB was resolved
 
NTB-000-845 8.4. Transport related corruption 2018-09-03 Tanzania: Rusumo Rwanda Resolved
2018-11-16
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Complaint: Tanzania has introduced an escort fee imposed by TRA from Dar Es Salaam to Rusumo.  
Resolution status note: Tanzania reported that this NTB was resolved through administrative procedures.  
NTB-000-850 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2018-09-01 Kenya: Namanga Tanzania Resolved
2018-11-16
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Complaint: KRA has issued a public notice which introduced Single Custom entry clearance that increases cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. If you have to clear 100 trucks it will cost Kshs 850,000/-  
Resolution status note: The NTB was discussed in the CoC and agreed that the SCT TWG should analyse the risks of making one bulk declaration and cost implications of multiple declarations. The TWG should work out a mechanism for knocking off cargo.

The Secretariat informed the meeting that the TWG on SCT will develop a framework to knock off cargo in the customs clearance system from 11th-15th Dec 2018.

The matter is to be resolved by the CoC.
 
NTB-000-832 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-28 Kenya: Mombasa sea port Mauritius Resolved
2019-10-18
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Complaint: All consignments of Sugar are systematically being on hold at customs in Mombasa for analysis though prior to shipment in Mauritius, a Certificate of Analysis is being issued and verified by SGS Mauritius and a Certificate of Conformity is issued by SGS South Africa based on Certificate of Analysis.
Same SGS is a recognized International Standards Body mandated by KEBS, we would like to understand why the sugar are also being analysed before clearance in Mombasa?
 
Resolution status note: On 18th October 2019 , Mauritius reported that the Mauritian exporters reported that the consignments were released. We propose that this NTB be marked as resolved.  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-848 1.8. Import bans 2018-08-09 Uganda: Ministry Kenya Resolved
2018-11-16
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Complaint: Uganda’s limitation on importation of processed meat products from within the region. It also addressed it as a measure to promote local capacity in Uganda to produce such processed meats rather than importing meat and meat products from the Partner States.  
Resolution status note: Uganda informed the meeting that the letter was meant for internal traders who were sourcing for processed meat from outside the EAC and was not meant for traders within the EAC Partner States.

So the Meeting agreed that this NTB is resolved.
 
NTB-000-851 1.4. Preference given to domestic bidders/suppliers 2018-08-09 Tanzania: Ministry of Livestock Kenya Resolved
2018-11-16
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Complaint: Discrimination of beef products by Tanzania where Tanzanians are advised to source beef locally.  
Resolution status note: Tanzania informed the SCTIF meeting that the importer was advised and was given an import permit.

The Meeting agreed that this NTB is resolved.
 
NTB-000-831 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-07 Kenya: Mombasa sea port Mauritius Resolved
2019-10-18
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Complaint: Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar.
 
Resolution status note: During the 4th Meeting of COMESA Sub Committee on Trade facilitation held in Nairobi on 17- 19 October 2019 , Kenya and Mauritius reported that the NTB had been resolved .  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-001-033 1.8. Import bans 2018-08-01 Tanzania: Tanzania Ministry of Livestock Development and Fisheries Kenya Resolved
2021-10-14
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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.  
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-000-829 2.4. Import licensing 2018-07-13 Zimbabwe: Ministry of Industry & Commerce and Enterprise Development Mauritius Resolved
2019-08-15
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Complaint: We, Soap & Allied Industries Ltd, Mauritius have shipped under the BL no. MEDUPL008430 & Comesa No.487/18 & BV CoC No.ZWE 2018 206608 / 0001 of 3 FCL of Detergent Powder since 19th June 2018 and reach on 13th July 2018, Our end consignee MEGA MARKET PVT LTD, Mutare, Zimbabwe has already apply for an Import permit month back which same use to be release within a week time.
Unfortunately they still awaiting for the permit for releasing of these FCL till now.
The Detention fee and storage charges incured are too much due to extended days and these will affect the selling cost for end customer as they are not able to clear out the goods.
Note: 3 more FCL of the same products already depart from Mauritius on 08th July 2018 and closed to reach.
We wish to have your attention on that issue and your kind consideration for the smooth doing business between both countries under the proper condition and trade agreement.
We request Zimbabwe to kindly consider on Urgent basis to assist our customer MEGA Market PVT Ltd to obtain the license so that the goods can be cleared.
 
Resolution status note: On 22 August 2019, Zimbabwe Focal Point reported that the import licence was issued therefore the NTB is resolved. During the national workshop to launch SMS tool, Zimbabwe reported that the issuance of licences took a maximum 24 hours . Delays are cause d by late or non submission of required documentation.  
Products: 3402.20: Surface-active preparations, washing preparations, auxiliary washing preparations and cleaning preparations put up for retail sale (excl. organic surface-active agents, soap and organic surface-active preparations in the form of bars, cakes, moulded piece  
NTB-000-852 2.6. Additional taxes and other charges 2018-07-05 Tanzania: Ministry of LiveStock Kenya Resolved
2018-11-16
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Complaint: Increase of Import and Export fees on animal and animal products by Tanzania. Tanzania has amended the “Animals & Animal Products Movement Control (Amended) Regulations, 2018” that has increased the charges.  
Resolution status note: The CoC guided that:-
Refer the imposition of additional levies under the animal diseases (Livestock Markets) Regulations, 2018 by URT under Government Notice 476 of 31st August 2018 to SCTIFI.

The Secretariat guided that where national laws impose levies on imports and exports, this should not apply to goods originating within the EAC.

URT informed the meeting that such charges exist in other Partner States.

The SCTIFI meeting agreedthat this guidance should therefore be applicable to all Partner States.

The matter was resolved.
 
NTB-000-892 2.8. Lengthy and costly customs clearance procedures 2018-07-01 Kenya: Namanga Tanzania Resolved
2019-04-10
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Complaint: KRA has issued a public notice which introduced Single Custom entry clearance which increases cost of doing business.
The new system affects Tanzania traders by increasing cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. Therefore to clear 100 trucks it cost Kshs 850,000/-.
 
Resolution status note: The NTB was discussed in the CoC and agreed that the SCT TWG should analyse the risks of making one bulk declaration and cost implications of multiple declarations. The TWG should work out a mechanism for knocking off cargo.
The Secretariat informed the meeting that the TWG on SCT will develop a framework to knock off cargo in the customs clearance system from 11th - 15th Dec 2018.
The matter was resolved by the CoC in April 2019
 
NTB-000-997 1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory
2018-07-01 Uganda: Uganda VAT Kenya Resolved
2021-10-19
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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.  
Resolution status note: During the Regional Meeting held in October 2021, the Republic of Kenya confirmed that the NTB was Resolved  
NTB-000-889 2.14. Other 2018-04-05 Mozambique: Delegação Aduaneira de Zobwe Malawi Resolved
2019-10-30
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Complaint: The Ministry of Industry, Trade and Tourism received a complaint from Limbe Leaf Tobacco Company Ltd of a Non-Tariff Barrier imposed by Mozambican Customs Authorities at Zobue Border Post.

The company reported that Mozambique Customs Officials are demanding that containers carrying processed tobacco transiting through Mozambique should be opened after passing through Zobue Border Post.

Once the container is opened for physical inspection, customers (buyers of tobacco) demand that the exporter should get an official letter from the Mozambique Customs Officials. Unfortunately, Mozambique customs authorities have not issued documents nor provided formal reports stating the occurrence of the inspections and confirming changes in seal numbers once an inspection has taken place.
 
Resolution status note: During the meeting to launch SMS tool for Malawi on 30 October 2019, Malawi Focal Point reported that Limbe Leaf Tobacco had written a letter to the Ministry of Industry, Trade and Tourism confirming that Mozambique had removed the requirement for additional inspections  
NTB-000-816 1.1. Export subsidies 2018-03-01 Tanzania: Tanzania Revenue Authorities Kenya Resolved
2019-10-15
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Complaint: LACK OF PREFERENTIAL TREATMENT CONFECTIONERY PRODUCTS FROM KENYA BY TANZANIA  
Resolution status note: During the Regional Monitoring Committee held on 14th October, 2019 Tanzania has implemented the recommendations of the verification mission on confectionaries. Hence the NTB is resolved.  
NTB-001-037 1.7. Discriminatory or flawed government procurement policies 2018-03-01 Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES Kenya Resolved
2022-11-03
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Complaint: Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.

Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.

URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.

This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
 
Resolution status note: During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the TFTA NTBs Focal points meeting held on 19- 21 August 2019 , Malawi confirmed that the issues has been resolved.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the 5th TFTA NTBs Focal points meeting, Malawi confirmed that the issues has been resolved. We again propose that it be marked as resolved.  
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