| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-932 |
8.1. Government Policy and regulations |
2019-12-04 |
Zambia: Ministry of Transport |
Zimbabwe |
Resolved
2020-11-10 |
View |
|
Complaint:
|
Zambia Proposed legislation to restrict foreign registered Road Freight Transport Operators from loading cargo into and out of Zambia violates the provisions of the SADC Protocol, particularly:
1.1 Section 5.1 which calls for the development of a strong and competitive road transport industry which provides effective transport services to consumers. Clearly the introduction of quotas is anti-competitive;
1.2 Section 5.2 calls for equal treatment, non-discriminatory, reciprocity and fair competition. As already pointed out the proposed legislation is discriminatory and anti-competitive;
1.3 Section 6 in which a Zambia/Zimbabwe Joint Route Management Group forum exist but apparently has been ignored by the Zambian authorities who have chosen to introduce the proposed legislation without the courtesy of discussion using the established channels.
The transporters see a backlash from regional countries if this comes to pass and we will soon see cargo staging/transfer points arising at border posts as pressure from regional transport operators mount on their respective Governments to implement similar regulation. |
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Resolution status note:
|
On 10 November 2020, Zimbabwe Focal Point reported that this issue is one of proposed legislation which is not in force and still under consultation. Other Countries in the region are implementing similar provisions which in our view should be the ones reported as NTBs. Foreign Transporters are not experiencing any challenges in Zambia with respect to this particular complaint. |
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NTB-000-933 |
7.7. Complex variety of documentation required |
2018-10-12 |
Egypt: Port Said Sea Port |
Mauritius |
Resolved
2020-10-08 |
View |
|
Complaint:
|
The Egyptian authorities require a number of lengthy and costly documentation for clearance of consignment at customs. The identified cumbersome documentation requirements are as follows:
1. All export documents must be signed and stamped by the exporter's legal representative
2. All export documents must be signed and stamped by the Prime Minister's Office of Mauritius (Apostille requirement)
3. All export documents must be signed and stamped by Ministry of Foreign Affairs of Mauritius (Apostille requirement)
4. All export documents must be signed and stamped by the Egyptian Embassy in Mauritius
5. All export documents must be signed and stamped by the Mauritius Chamber of Commerce and Industry
Some products also require a Certificate of Origin issued by the Mauritius Chamber of Commerce and Industry despite being already accompanied by a COMESA Certificate of Origin. |
|
|
Resolution status note:
|
During the 5th Meeting of the COMESA Trade and Trade Facilitation Sub Committee held on 6- 8 October , Mauritius reported that the NTB had been resolved |
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NTB-000-984 |
2.9. Issues related to transit fees |
2020-10-07 |
Kenya: Namanga |
EAC |
Resolved
2020-10-07 |
View |
|
Complaint:
|
Namanga /Kajiado County still charges 2,000 Ksh for all Burundi Cargo trucks transiting Kenya |
|
|
Resolution status note:
|
It's a resolved NTB that rised again |
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|
NTB-000-963 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2020-06-01 |
Kenya: At Taveta border post |
Rwanda |
Resolved
2020-09-10 |
View |
|
Complaint:
|
The unclear and high fine of Ksh 100,000 charged by Kenya Revue Authority (KRA)to trucks without Electronic Cargo Tracking gadget (GPS) based on provisions 73 (1) and 204 (a) and (b) of the EACMA 2004 revised in 2017 |
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Resolution status note:
|
During SCTIFI held in September 2020, the Republic of Kenya informed that the fee is not discriminatory and is provided for by the EAC CMA the maximum charge is USD 5,000.Hence the SCTIFI agreed that this is not an NTB and hence is resolved. |
|
|
NTB-000-948 |
2.6. Additional taxes and other charges |
2019-12-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2020-09-10 |
View |
|
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 |
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NTB-000-925 |
7.4. Costly procedures |
2019-06-03 |
Tanzania: Namanga & Arusha |
Kenya |
Resolved
2020-09-10 |
View |
|
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
|
|
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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 |
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NTB-000-917 |
2.9. Issues related to transit fees |
2019-10-02 |
Tanzania: Tanzania Revenue Authority |
Rwanda |
Resolved
2020-09-10 |
View |
|
Complaint:
|
Requirement by Tanzania Revenue Authority to Rwandan transporters to use two customs bonds on the Northern-Central Corridor (Kigali-Rusumo-Mombasa via Holili-Taveta border post) costing US$ 150 on departure and US$ 80 on return |
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Resolution status note:
|
During the SCTIFI the Republic of Rwanda noted that the the regional bond will be concluded by 1st July, 2021; in the interim traders are incurring double costs and hence urged the United Republic of Tanzania to waive the requirement of the Regional bond while awaiting the finalisation of the Same.
On the issue of waiving the requirement of the Regional bond, Tanzania reported that the Commissioners of Customs will advise during their engagement.The SCTIFI agreed that the issue is operational and should be referred to the Committee on Customs for resolution. Hence it is resolved in this EAC Time Bound Programme |
|
|
NTB-000-922 |
2.13. Issues related to Pre-Shipment Inspections |
2019-05-30 |
Uganda: UNBS |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
Lack of recognition of online KEBs standardization mark validity.
Delay in release of shipment , increased cost of transportation
UNBS and KEBS to mutually recognize online standardization mark validities/online KEBs certificate to avoid any costly delays. |
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Resolution status note:
|
The SCTIFI held in September 2020, noted that the issue is operational and should be referred to the quality assurance technical subcommittee for consideration and resolution. The NTB is resolved from this EAC Time Bound Programme. |
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|
NTB-000-916 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2019-10-02 |
Tanzania: Government Chemist Laboratory Authority. |
Rwanda |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Requirement by United Republic of Tanzania to transit trucks carrying chemicals to have export and transport chemical permits. Trucks are charged US$ 1 per ton and in most cases arbitrary charges which are imposed to transit vehicles only. The amount is applied to the entire container weight regardless of the weight of the other non-chemical products being transported in the container. Permits are difficult to obtain during week-ends and original copies are required at the border creating further delays |
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Resolution status note:
|
The RMC meeting held on 1 September 2020 agreed that this complaint be resolved as it is agreeable by Law and hence is not an NTB |
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NTB-000-940 |
5.14. Restrictive licenses
Policy/Regulatory |
2020-01-09 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2020-09-01 |
View |
|
Complaint:
|
The newly introduced Rwanda FDA is a double registration and a violation to EAC originating products with standardization quality marks for mutual recognition.
Rwanda FDA was never notified to Kenya/EAC
This will mean products going through double registration/approval systems in EAC. Rwanda to consider exempting EAC products from FDA
These are stringent new requirements on the EAC Community Products:
- when you want to import you need to request for import license, we no longer export/import from EAC, therefore when products have quality standardization mark it serves as one of documents to prove the safety of the products.
- You will also need to provide the product invoice and batch test reports to get the import license, before a products is issued with SMark it must be tested and confirmed that it conforms to the EAC products certification therefore this requirements should be exempted from locally manufactured products with quality marks and Certificate of Origin.
- Registration of the products: it is now mandatory to have the products registered have unique Smark numbers. Authenticity of products can be obtained online on the National bureaus.
- Registration fee will make locally manufactured products noncompetitive. |
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|
Resolution status note:
|
During the RMC meeting the Republic of Rwanda informed that, In addressing such related and persistent NTBs, the EASC in 2018 directed the QATSC to develop a Framework for inter agency regulatory control of food and cosmetics to facilitate cross border trade of these commodities. The final framework was recommended by the EASC for SCTIFI approval in their next meeting and this if Partner States commit to implement will reduce the cost of doing business arising among others from re - registration and re- testing . In respect to the Rwanda FDA, the issue was brought to the attention of the Extraordinary meeting of the EASC held on 12th June 2020. The QATSC was directed to discuss the matter and report in the next EASC meeting held on 23rd July with participation of most Partner States Regulatory Authorities .In that meeting Rwanda FDA reported that they recognize products with the EAC notified Quality -Marks that are issued based on harmonized EAC standards, and what Rwanda FDA was doing was just the listing for such products in building the database. The Registration fees for EAC products is waived and EAC products will be registered automatically. The information is on the website and the the Regulations are attached.The NTB is hence resolved. |
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|
NTB-000-968 |
1.7. Discriminatory or flawed government procurement policies |
2020-01-10 |
Tanzania: Government Chemists & Lab Allied (GLCA) |
Kenya |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Chemical Transport Permit for vehicles transporting Kenya’s carbon dioxide (food grade) is classified as a chemical in Tanzania (C02) The license to transport chemicals into Tanzania costs approx. US$ 2/mt. So for trucks which are usually approx. 20mt, are required to pay US$ 40 per truck. The license is issued by GCLA. |
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Resolution status note:
|
During the RMC meeting held on 1 September 2020 , the Secretariat advised that the East African Community Vehicle Load Control Act of 2016 Article 9 read together with the East African Community Vehicle Load Control (Special Loads) Regulations, 2018 Article 12 provides for special categories of vehicle loads that shall only be transported through the Regional Trunk Road Network if a special permit has been issued by the Minister of the relevant Partner State. Carbon dioxide is a chemical that is classified under the Industrial and consumer chemical (Management and Control) Act (pg 55) as hazardous loads and hence needs a special permit to be transported.
The small service fee charged is non-discriminatory and is provided for by Law. Therefore this is not an NTB and should be resolved. |
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|
NTB-000-952 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2020-03-20 |
Burundi: Ministry of Trade, Industry and Tourism |
Tanzania |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Disrimination and denial of Market Access for salt in Burundi.
There was a survey carried by Ministry incharge of Public Health in 2018 in relation to the consumption of salt, that the result revealed that only 52% of Burundians consume adequately iodized salt. On the basis of this survey the Ministry of Trade, Industry and Tourism has taken measures to authorize and license four trading companies as importers of adequately iodized packaged with an iodization rate of between 30 and 60ppm and provided with a certificate of conformity from Standards Bureau of the importing country. The companies authorized and approved by Ministry to import salt in Burundi are the followings;
1. Ubuntu Investment company
2. Geprotus
3. Gitega Business Centre
4. Burundi Import (BIMPO)
No other company or individual is authorized to import and market food salt without the authorization of the Minister in-charge of trade. The issue is the government of Burundi is discriminating other companies to import salt in Burundi. This is against EAC rules and procedures, if the issue is standard of salt there is mutual recognition concerning standard in EAC as per SQMT Act 2016.
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Resolution status note:
|
During the RMC meeting held on 1 September 2020, Burundi reported that an official letter of the Ministry of Trade informing that the measure reducing the number of companies importing cooking salt has been removed. Now the economic operators in the salt trade are authorized and encouraged to do so in strict compliance with the law. The letter specifies however that the imported cooking salt must be a finished product, crushed, cleaned, dried and packaged, adequately iodized and provided with a certificate of conformity from the office of Standard of the import country. |
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|
NTB-000-910 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-08-28 |
Rwanda: Rusumo |
Tanzania |
Resolved
2020-09-01 |
View |
|
Complaint:
|
The Rwanda Revenue Authority has denied preferential treatment on silk coat product from Tanzania. |
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Resolution status note:
|
During the RMC meeting held on 1 September 2020, Rwanda reported that the preferential treatment is being granted for these goods. Hence the NTB is resolved.Tanzania to consult the company concerned and provide feedback. |
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|
NTB-000-903 |
8.4. Transport related corruption |
2019-04-05 |
Kenya: Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret |
Rwanda |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Multiple police check points from Mombasa to Malaba (Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret).
During the 27th RMC meeting the Republic of Rwanda reported that there are many check points from Mombasa port to Malaba/Busia which charge money to transporters. |
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Resolution status note:
|
The RMC held on 1 September 2020, agreed that this NTB is resolved and urged Kenya to make sure road blocks don't emerge again |
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NTB-000-921 |
5.5. Import licensing requirements |
2019-04-01 |
Tanzania: TMDA |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
TMDA requires that registration of injectables be done per product instead of a pack size. The registration requirement increases cost of the products. |
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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 |
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NTB-000-939 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-10-16 |
Tanzania: Tanzania Revenue Authority at ICD Kenya |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Denial of market access for Afribon products in Kenya manufactured raw materials for beverage manufactured using locally sourced fruits i.e. Mango beverage compound is produced using Ngowe mango, Tamarind beverage compound produced using Ukwaju, baobab beverage compound produced using mabuyu, orange beverage compound using orange pulp. All these are sourced from Kitui, Mombasa and some parts of rift valley markets and EAC.
The challenge they are facing is that the compounds exported are being subjected to 10% duty, 1.5% RDL levy |
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Resolution status note:
|
During the RMC meeting held on 10 August 2020, Kenya informed the RMC meeting that the NTB was resolved |
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Products:
|
3302.10: Mixtures of odoriferous substances and mixtures, incl. alcoholic solutions, with a basis of one or more of these substances, of a kind used in the food and drink industries; other preparations based on odoriferous substances, of a kind used for the manufa |
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NTB-000-969 |
1.4. Preference given to domestic bidders/suppliers |
2020-06-11 |
|
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Uganda denial of market Access of essential products of Kenya manufactured and exported handsanitizer by Unilever Kenya.
Uganda Drugs Authority through a letter has denied market access handsanitizer manufactured in Kenya by Unilever Kenya and exported into Uganda Unilever making trucks loaded with the products stranded. The products have been issued with certificates of origin.
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Resolution status note:
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During the RMC meeting held on 10 August 2020, Uganda Focal Point reported that the NTB had been resolved . |
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NTB-000-919 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-09-24 |
Kenya: Namanga |
Tanzania |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Denial of preferential treatment on Labels produced by TP Label limited. |
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Resolution status note:
|
The Republic of Kenya informed the Sectoral Committee on Trade that she had issued a circular to stop the charges. However, the United Republic of Tanzania requested to be availed with a copy of the circular in order to resolve the NTB.During the RMC meeting held on 10 August 2020, Tanzania confirmed that the NTB was resolved |
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NTB-000-911 |
8.1. Government Policy and regulations
Policy/Regulatory |
2019-10-15 |
Zambia: All Zambia Weighbridges |
Zimbabwe |
Resolved
2020-07-10 |
View |
|
Complaint:
|
Zambia applies 0% tolerance on Gross Weight at all Weigh Bridge Stations when all the other counties on the North – South Corridor allows 2 – 5% tolerance on Gross Weight as allowance for weigh bridge weight variances, since weigh bridges give varying weights at any given time which results in fining transporters unnecessarily. The expectation is that Zambia should apply a 2% tolerance on gross weight thereby removing the current challenge faced by foreign operators in the country. |
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Resolution status note:
|
During the 8th Meeting of NTBs Focal Points held on 8- 10 July 2020, Zambia reported that it applies a 5% tolerance on Gross Weight at all Weigh Bridges. Zimbabwe needs to clarify whether they are still experiencing challenges. If not it should be considered resolved |
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NTB-000-934 |
2.13. Issues related to Pre-Shipment Inspections |
2019-05-30 |
Kenya: Ministry of Industry, Trade & Cooperatives |
Mauritius |
Resolved
2020-07-10 |
View |
|
Complaint:
|
Under the PVoC (Pre-Shipment Verification of Conformity) program, all regulated products to be imported in Kenya have to undergo verification and testing in the country of supply and a Certificate of Conformity (CoC) has to be issued to demonstrate that they meet the requirements of the applicable national standards or approved equivalents and technical regulations. The CoC is mandatory for customs clearance.
However, all consignments subject to PVoC must obtain the CoC prior to shipment. This is where it becomes a barrier.
As a result of this measure, Mauritian exporters of HS 22071090 have to bear additional time and cost in shipping the products to Kenya.
We are therefore requesting the relevant Kenyan authority to amend its measure so that the Certificate of Conformity be requested upon the arrival of consignment instead of prior to shipment. The procedures to obtain the CoC and the shipment of the products can be done in parallel. By the time the products reach Kenya, the COC will be ready to be submitted at the port of entry. |
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Resolution status note:
|
Kenya appreciate Mauritius concerns on NTB No. 934 regarding pre-shipment verification. We therefore confirm that this NTB has been resolved as evidenced by legal notice no. 78 dated 28th April 2020, where clause 9(1) allows for destination inspection. Subsequently, Kenya notified the same to the WTO under notification number G/TBT/N/KEN/1002. |
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