Resolved complaints

Showing items 141 to 160 of 883
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-000-497 5.1. Quantitative restrictions
Policy/Regulatory
2012-05-08 Eswatini: Bordergate South Africa Resolved
2015-12-03
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Complaint: Swaziland is to impose Quantitive import restrictions on imported edible cooking oil from within the SADC region as well as 15% import duties over and above the quantitive restriction. Such has happen already on Wheat Flour and after 8 years of 'Infancy Protection', NO IMPORT permits are issued to date. Court Case is currently being heard by the High Court of Swaziland. (Various Stakeholders versus Government of Swaziland)  
Resolution status note: At their meeting held on 23 May 2013, the SCTF recalled Articles 3 and 7 of the Trade Protocol, on elimination of trade barriers and quantitative restrictions. Swaziland reported that measure was implemented in the context of the SACU, which provides for quantitative restrictions and protection of infant industry protection. SCTF requested Swaziland to provide its relevant national legal instrument and information on how the measure is applied including whether or not it is applicable to trade with non-SACU SADC FTA Member States. Swaziland undertook to provide the information as requested. Swaziland submitted the legislation as per requirement . This NTB is therefore resolved .  
Products: 1205.10: Low erucic acid rape or colza seeds "yielding a fixed oil which has an erucic acid content of < 2% and yielding a solid component of glucosinolates of < 30 micromoles/g", 1205.90: High erucic rape or colza seeds "yielding a fixed oil which has an erucic acid content of >= 2% and yielding a solid component of glucosinolates of >= 30 micromoles/g", whether or not broken and 1206.00: Sunflower seeds, whether or not broken  
NTB-000-516 2.9. Issues related to transit fees 2012-07-01 Eswatini: Ngwenya Mozambique Resolved
2013-06-10
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Complaint: My family and I were requested to pay an "alledged" import duty for groceries valued at around 800 Rands even though we clearly stated that we were in transit travelling from South Africa to Mozambique. The customs official kept insisting that we would be given a receipt and to our amazement the receipt had my husband's name but instead of his addressing being Maputo it was registered Manzini.

Would the Swazi focal point(s) please clarify if this is the usual procedure for goods transiting Swazilang, whether commercial or for personal consumption
 
Resolution status note: On 10 June 2013, Swaziland Focal Point reported that the matter had been settled with the complainant after all information supplied was verified with Swaziland Revenue authority requirements for th eimportation of personal goods.  
NTB-000-032 1.7. Discriminatory or flawed government procurement policies 2004-05-27 Ethiopia: Ministry of Trade Kenya Resolved
2009-02-04
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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.
 
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  
NTB-000-050 1.7. Discriminatory or flawed government procurement policies 2004-12-23 Ethiopia: Ministry of Trade Kenya Resolved
2009-02-04
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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.
 
Resolution status note: Ethiopi wrote to COMESA secretariat on 7th January 2008 informing that they were complying with article 57 of the Treaty  
NTB-000-788 2.3. Issues related to the rules of origin 2017-06-01 Ethiopia: All Ethiopian banks. Egypt Resolved
2020-07-09
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Complaint: Ethiopian banks are requiring invoices for sales to Ethiopian customers to be stamped by a Chamber of Commerce in Egypt as validation for letters of credit, which is contrary to COMESA rules. Indeed, as per Rule 10 of the COMESA Protocol on Rules of Origin, the only documentary evidence to demonstrate that a good originates from a COMESA Member State is a certificate of origin (not invoices). Consequently, any company should be able to issue an invoice from any country inside or outside the COMESA region, as long as the origin of the products themselves is correctly documented according to COMESA rules through a certificate of origin. Ethiopian banks should comply with Rule 10 of the COMESA Protocol on Rules of Origin and stop requiring invoices to be stamped by predetermined entities (including, inter alia, by a Chamber of Commerce in Egypt).  
Resolution status note: On 9 July , Egypt reported that Egypt accepted Ethiopia feedback which is compliant with the COMESA Rules of Origin  
NTB-000-054 5.2. Exchange controls 2009-02-04 Kenya: Private Company Mauritius Resolved
2009-02-04
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Complaint: Tara Florist of Mauritius reported that they made a payment in advance for an order of cut flowers to Mayfield Growers of Nairobi, Kenya on 17 August, 2007.

Mayfield Growers failed to deliver the products as agreed. Tara Florist has been sending reminders to Mayfield Growers.
 
Resolution status note: Government of Kenya facilitated resolution of the problem in 2007/8  
NTB-000-117 5.1. Quantitative restrictions 2009-07-26 Kenya: Kenya Revenue Authority Mauritius Resolved
2011-07-28
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Complaint: Restrictive import permit imposed by Kenya for importation of bread flour. This has been in place for more than ten years now.  
Products: 1101.00: Wheat or meslin flour  
NTB-000-150 2.3. Issues related to the rules of origin 2009-07-27 Kenya: Kenya Revenue Authority Tanzania Resolved
2011-08-29
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Complaint: In some instances, Kenya customs demands that Tanzania exporters wishing to pernetrate the Kenyan market have to produce an EA certificate of origin or alternatively an international certificate of origin. An EA certificate of origin does not exist yet, since the EA countries are using the COMESA certificate of origin until they develope their own.  
Resolution status note: At the NMC meeting held in Naifrobi on 29 August 2011, Kenya reported that there is an EAC certificate of origin currently issued by Confederation of Tanzania Industries (CTI) .  
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-000-359 2.8. Lengthy and costly customs clearance procedures 2010-02-10 Kenya: Ministry of Home Affairs Tanzania Resolved
2011-07-28
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Complaint: In Kenya, police can claim that a container is security risk and arrest it until customs people come.  
Resolution status note: At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that this was an isolated case which did not repeat.  
NTB-000-360 7.9. Inadequate trade related infrastructure 2010-02-10 Kenya: Ministry of Transport Tanzania Resolved
2011-07-28
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Complaint: Kenya is not calibrating the weighbridges; therefore there is use of different weights. Leading to rampant Bribery activities taking place at the weigh bridges  
Resolution status note: At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported the weighbridges have been automated such that weight is recorded online.  
NTB-000-361 7.9. Inadequate trade related infrastructure 2010-02-10 Kenya: Ministry of Transport Tanzania Resolved
2016-06-29
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Complaint: Unreliable, different readings on the internal weighbridges in Tanzania, Kenya, Uganda, Rwanda and Burundi. Readings can differ as much as between 500-700kgs resulting in transporters paying unnecessary huge fines. Weighbridges are often verified, however, various factors which include technical faults of the instruments and unscrupulous conduct of the transporters sometimes result in false readings: This problem relates to transit goods in properly sealed containers that, under normal circumstances, cannot be opened before they get to destination.  
Resolution status note: The EAC secretariat reported that the EAC Axle load act was enacted by EALA in May, 2014  
NTB-000-049 2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory
2008-12-22 Kenya: Kenya Bureau of Standards Egypt Resolved
2013-01-14
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Complaint: Pre-verification of Compliance (PVOC)

Complaint drawn to the attention of the Kenyan authorities
 
Resolution status note: On 14 January 2013, Egypt Focal Point reported that Egypt was no longer complaining about the PVOC that Kenya is applying. So the NTB -000-049 should be put in the resolved NTBs category.  
NTB-000-059 7.3. Corruption 2009-04-20 Kenya: Rwanda to Mombasa Highway Rwanda Resolved
2010-11-22
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Complaint: Road blocks along the Northern Corridor for transporters carrying goods from Rwanda to Mombasa Port

The policemen at road blocks demand payments of 1000 Uganda Shillings and 50 Kenya shillings. Once you have made the payments they don't even bother to check on what you are carrying.
 
Resolution status note: Kenya reported that issue was resolved through COMESA customs and trade committee meeting  
NTB-000-363 7.7. Complex variety of documentation required 2010-02-10 Kenya: Kenya Revenue Authority Zambia Resolved
2010-11-22
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Complaint: Documentations requirements for exports to Kenya are too cumbersome (SGS invoice is issued after one month and you are charged inspection charges. With regards to import permits, Zambian exporter has to raise COMESA Certification and send to Kenyan importer before shipping the goods. This process takes more than 3 months.  
Resolution status note: Issue resolved through COMESA Customs and Trade Committee  
NTB-000-151 2.8. Lengthy and costly customs clearance procedures 2009-07-27 Kenya: Kenya Revenue Authority Tanzania Resolved
2010-11-22
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Complaint: On a number of occasions, Kenyan customs demands that products originating from Tanzania have to be unloaded for physical verification, which means destruction of the product packages. The importer has thereafter to repackage goods at own cost so as to fit original packages. Products most affected include tyres, textiles, cognac spirits and cigarettes.  
Resolution status note: Issue resolved through COMESA customs and trade comittee  
NTB-000-152 2.8. Lengthy and costly customs clearance procedures 2009-07-27 Kenya: Kenya Revenue Authority Tanzania Resolved
2010-11-22
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Complaint: Kenyan customs often demand a customs insurance bond for transit goods that pass through Kenyan roads en route to Uganda , Rwanda, Burundi and DRC.  
Resolution status note: Issue resolved through EAC  
NTB-000-389 7.3. Corruption 2011-01-28 Kenya: Sirari Border Post Tanzania Resolved
2011-08-29
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Complaint: Police officers at the Kirumu check point are harrassing Truckers bringing goods to Tanzania through Sirari border post. The harrassment is associated with attempts to solicit for bribes. Truck owners claimthat although they usually have all the customs receipts pertaining to the merchandise they are carrying, police officers have continued to hassle them for no apparent reasons.  
Resolution status note: At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported a necessary disciplinary action had been taken to address this problem.  
NTB-000-424 6.6. Border taxes 2011-07-04 Kenya: Malaba Uganda Resolved
2011-08-29
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Complaint: Effective July 2007 to date Kenya Plant Health Inspectorate Service (KEPHIS) imposed a Plant Import Permit (PIP) of KShs 500 on every truckload of Uganda tea in transit to Mombasa, reason that they have to issue a Phytosanitary certificate when Uganda tea is being exported. However at this time Uganda tea is already sold off. This practice is contrary to international practice where the Phytosanitary certificate is issued by a competent authority in the country of origin in this case Uganda. The above practice also many times delays Uganda tea at Malaba due to making receipts, verification and clearing hence late for listing at Mombasa auction therefore making it less competitive.  
Resolution status note: At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that:
1. Kenya does not issue plant import permit to goods in transit.
2. If tea is specifically declared as in transit, Malaba border verifies documentation and release without charging import permit. However if declared for local consumption, permit is invoked.
 
Products: 0902.30: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of <= 3 kg  
NTB-000-442 7.8. Consular and Immigration Issues 2011-09-03 Kenya: Immigration Department Rwanda Resolved
2014-12-11
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Complaint: Lengthy procedures for issuing work permits by Kenya, Uganda and Tanzania Immigration departments.As per BCI 2008 ,business take between 1-5 months to acquire work permits for workers sourced from another EAC country.Businesses are forced to employ locals who may lack required skills.  
Resolution status note: At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the Kenya had abolished this requirement. This NTB is therefore resolved  
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