Non-Tariff Barriers :: Complaints

Resolved complaints

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Complaint number	NTB Type Category 1. Government participation in trade & restrictive practices tolerated by governments 1.1. Export subsidies 1.2. Government monopoly in export/import 1.3. State subsidies, procurement, trading, state ownership 1.4. Preference given to domestic bidders/suppliers 1.5. Requirement for counter trade 1.6. Domestic assistance programmes for companies 1.7. Discriminatory or flawed government procurement policies 1.8. Import bans 1.9. Determination of eligibility of an exporting country by the importing country 1.10. Determination of eligibility of an exporting establishment (firm, company) by the importing country 1.11. Occupational safety and health regulation 1.12. Multiplicity and Controls of Foreign exchange market 1.13. "Buy national" policy 1.14. Lack of coordination between government institutions 1.15. Other Category 2. Customs and administrative entry procedures 2.1. Government imposing antidumping duties 2.2. Arbitrary customs classification 2.3. Issues related to the rules of origin 2.4. Import licensing 2.5. Decreed customs surcharges 2.6. Additional taxes and other charges 2.7. International taxes and charges levied on imports and other tariff measures 2.8. Lengthy and costly customs clearance procedures 2.9. Issues related to transit fees 2.10. Inadequate or unreasonable customs procedures and charges 2.11. Lack of control in Customs infrastructure 2.12. Lack of capacity of Customs officers 2.13. Issues related to Pre-Shipment Inspections 2.14. Other Category 3. Technical barriers to trade (TBT) Category 4. Sanitary & phyto-sanitary (SPS) measures Category 5. Specific limitations 5.1. Quantitative restrictions 5.2. Exchange controls 5.3. Export taxes 5.4. Quotas 5.5. Import licensing requirements 5.6. Proportion restrictions of foreign to domestic goods (local content requirement) 5.7. Minimum import price limits 5.8. Embargoes 5.9. Non-automatic licensing 5.10. Prohibitions 5.11. Quantitative safeguard measures 5.12. Export restraint arrangements 5.13. Other quantity control measures 5.14. Restrictive licenses 5.15. Other Category 6. Charges on imports 6.1. Prior import deposits and subsidies 6.2. Administrative fees 6.3. Special supplementary duties 6.4. Import credit discriminations 6.5. Variable levies 6.6. Border taxes 6.7. Other Category 7. Other procedural problems 7.1. Arbitrariness 7.2. Discrimination 7.3. Corruption 7.4. Costly procedures 7.5. Lengthy procedures 7.6. Lack of information on procedures (or changes thereof) 7.7. Complex variety of documentation required 7.8. Consular and Immigration Issues 7.9. Inadequate trade related infrastructure 7.10. Other Category 8. Transport, Clearing and Forwarding 8.1. Government Policy and regulations 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 8.3. Immigration requirements (Visa, travel permit) 8.4. Transport related corruption 8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) 8.6. Vehicle standards 8.7. Costly Road user charges /fees 8.8. Issues related to transit Other Policy or Regulatory NTB Not a policy or regulatory NTB Check allUncheck all	Date of incident	Location COMESA Burundi Comoros Democratic Republic of the Congo Djibouti Egypt Eritrea Eswatini Ethiopia Kenya Libya Madagascar Malawi Mauritius Rwanda Seychelles Somalia Sudan Tunisia Uganda Zambia Zimbabwe EAC Burundi Democratic Republic of the Congo Kenya Rwanda South Sudan Tanzania Uganda SADC Angola Botswana Comoros Democratic Republic of the Congo Eswatini Lesotho Madagascar Malawi Mauritius Mozambique Namibia Seychelles South Africa Tanzania Zambia Zimbabwe COMESA EAC SADC	Reporting country or region (additional) COMESA Burundi Comoros Democratic Republic of the Congo Djibouti Egypt Eritrea Eswatini Ethiopia Kenya Libya Madagascar Malawi Mauritius Rwanda Seychelles Somalia Sudan Tunisia Uganda Zambia Zimbabwe EAC Burundi Democratic Republic of the Congo Kenya Rwanda South Sudan Tanzania Uganda SADC Angola Botswana Comoros Democratic Republic of the Congo Eswatini Lesotho Madagascar Malawi Mauritius Mozambique Namibia Seychelles South Africa Tanzania Zambia Zimbabwe COMESA EAC SADC	Status	Actions
NTB-000-975	1.8. Import bans	2020-07-02	Kenya: Ministry of Agriculture,Livestock,fisheries and cooperatives	Uganda	Resolved 2021-03-18	View
Complaint:	Kenya banned importation of sugar ,brown sugar and raw cane from Uganda
Resolution status note:	During the NMC meeting that took place in March 2021, the meeting was informed that two bilateral meetings were held with Kenya to discuss among others the NTB on the importation of brown sugar, The Trade Ministers from both sides met and Kenya agreed that the issue will be resolved. Kenya agreed to undertake a verification mission to Uganda. The Mission has not yet taken place but there has been a commendable improvement in the area, where sugar has been allowed into Kenya. The issue on raw cane was RESOLVED
NTB-000-874	2.6. Additional taxes and other charges	2017-05-05	Tanzania: Tunduma	Rwanda	Resolved 2018-11-16	View
Complaint:	Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks.
Resolution status note:	Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted. It was recommended to geo-map all the transit routes and gazette the Mtera route. The Mtera route was gazetted vide Legal Notice No. 48 of 10th May, 2018. The NTB was resolved
NTB-000-866	2.3. Issues related to the rules of origin	2017-11-17	Tanzania: Tunduma	Rwanda	Resolved 2018-11-16	View
Complaint:	Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks.
Resolution status note:	Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted. It was recommended to geo-map all the transit routes and gazette the Mtera route. The Mtera route was later on gazetted vide Legal Notice No. 48 of 10th May, 2018. and hence the NTB reswolved.
NTB-000-832	3. Technical barriers to trade (TBT) B82: Testing requirement	2018-08-28	Kenya: Mombasa sea port	Mauritius	Resolved 2019-10-18	View
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-000-831	3. Technical barriers to trade (TBT) B82: Testing requirement	2018-08-07	Kenya: Mombasa sea port	Mauritius	Resolved 2019-10-18	View
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-000-810	8.7. Costly Road user charges /fees	2017-10-02	Tanzania: Tunduma	Rwanda	Resolved 2018-10-31	View
Complaint:	Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks.
Resolution status note:	The Committee on Customs during its meeting in May noted that Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted. It was recommended to geo-map all the transit routes and gazette the Mtera route. The Mtera route was gazetted vide Legal Notice No. 48 of 10th May, 2018. The Regional Forum on NTBs at its meeting in October, 2018 was informed that Trucks to Kigali are no longer required to have escorts. The NTB was resolved.
NTB-000-800	2.3. Issues related to the rules of origin	2017-11-01			Resolved 2019-10-15	View
Complaint:	Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar. EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
Resolution status note:	The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved.
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.
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.
Products:	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)
NTB-000-678	2.3. Issues related to the rules of origin Policy/Regulatory	2011-08-25	Egypt: Egyptian Customs Authority - Ministry of Finance	Kenya	Resolved 2016-02-08	View
Complaint:	Non acceptance of COMESA certificates of origin on mill white sugar, LG Electronics (TV sets) originating from Kenya
Resolution status note:	On 8th February 2016 , Focal Point for Egypt reported that the NTB be considered resolved on the basis of a recommendation from a joint visit on the spot verification for Mill White Sugar and LG products (TV Sets) was undertaken that White sugar & LG Electronics (TV sets) qualify for preferential treatment according to COMESA protocol of ROO.
NTB-000-590	7.1. Arbitrariness	2013-05-16	Mozambique: Delegação Aduaneira de Machipanda (Road)	South Africa	Resolved 2014-03-17	View
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-000-567	1.1. Export subsidies	2013-02-01	Kenya: Namanga	Zambia	Resolved 2013-02-27	View
Complaint:	A consignment of sugar exported from Zambia to Kenya by Zambia Sugar has been delayed at the border for more than 20 days, and still has not been released. The COMESA secretariat has assisted in verifying the Certificate of origin that was apparently the initial reason for the delay. However the sugar has still not been processed for release
Resolution status note:	On 27 February 2013, the Coordinator Border Coordination Management, Kenya Revenue Authority advised that, upon verification of the certificate of origin, all consignments of sugar exports from Zambia into Kenya were released by 23 February 2013. KRA submitted a status report to the Focal Point, Kenya, indicating specific release dates for individual consignmenet as evidence.
NTB-000-401	2.8. Lengthy and costly customs clearance procedures Policy/Regulatory	2011-03-01	Mozambique: Customs Authority	Mozambique	Resolved 2011-09-29	View
Complaint:	For certain types of commodity such as cement, maize, and sugar Mozambican Customs requires a customs escort for transit cargo out of Beira Port to the hinterland. The customs escort costs 5,000Mt for between one and five trucks in a convoy. However: customs escorts cannot be arranged ahead of time and can only be arranged on presentation of a full set of completed clearance documents to customs; customs at Beira Port does not operate at weekends meaning that cargo loaded on a Friday afternoon after 3.30pm or over the weekend and requiring an escort must wait until Monday to move. In practice customs does not always have people available to escort convoys meaning that the documents required for clearance are given to the last driver in the convoy and only when this driver reaches the border can all the trucks in the convoy be cleared out of Mozambique
Resolution status note:	At the conusltative meeting held between SADC Secretariat and Mozambique focal points on 19 September 2011, ands subsequent meeting between SADC Secretariat, Cornelder de Mozambique, on 22 September 2011in Beira, Mozambique reported that Customs escorts are properly coordinated such that companies can make arrangements for escorts taking place during weekends well in advance. Customs at Beira have arrangements for availability of customs officer at all times to facilitates escorts. However, all documnetation for weekend escorts must be processed during office hours.
NTB-000-224	5.4. Quotas Policy/Regulatory	2009-07-28	SADC	Zambia	Resolved 2010-11-22	View
Complaint:	Import Quotas into SACU member states for sugar
Resolution status note:	Botswana reported that this is a SACU wide policy decision.
NTB-000-185	5.4. Quotas	2009-07-27	South Africa: Ministry of Trade	Malawi	Resolved 2010-11-22	View
Complaint:	Annual quota allocations for sugar into SACU
Resolution status note:	South Africa report3ed that Quota allocations have been agreed to on the Sugar Protocol which is also part of the SADC Protocol on Trade
NTB-000-175	1.1. Export subsidies B6: Product identity requirement	2009-07-27	Zambia: Bureau of Standards	Malawi	Resolved 2011-03-04	View
Complaint:	Zambia has placed standards requirements that sugar from Malawi be fortified with Vitamin A.
Resolution status note:	Zambia reported that all sugar for domestic consumption, be it imported or manufactured locally is supposed to be fortified with vitamin A.
NTB-000-175	1.1. Export subsidies B6: Product identity requirement	2009-07-27	Zambia: Bureau of Standards	Malawi	Resolved 2011-03-04	View
Complaint:	Zambia has placed standards requirements that sugar from Malawi be fortified with Vitamin A.
Resolution status note:	Zambia reported that all sugar for domestic consumption, be it imported or manufactured locally is supposed to be fortified with vitamin A.
NTB-000-168	5.1. Quantitative restrictions	2009-07-27	Mauritius: Ministry of Trade	Malawi	Resolved 2012-03-30	View
Complaint:	Import restrictions on sugar
Resolution status note:	At the last NTB meeting in March 2011, Mauritius informed the meeting that import restrictions on sugar in Mauritius have been lifted
NTB-000-141	5.3. Export taxes	2009-07-27	Mauritius: Ministry of Trade	South Africa	Resolved 2010-11-22	View
Complaint:	Mauritius charges an export tax on sugar
Resolution status note:	Mauritius reported that taxes were eliminated in 2004
NTB-000-126	1.2. Government monopoly in export/import Policy/Regulatory	2009-07-26	Eswatini: Ministry of Trade	Eswatini	Resolved 2010-11-22	View
Complaint:	Single channel marketing for sugar and sugar products.
Resolution status note:	Swaziland reported that the status quo remains because the Sugar Act has not been reviewed.
NTB-000-071	1.2. Government monopoly in export/import Policy/Regulatory	2009-07-23	South Africa: Ministry of Trade	South Africa	Resolved 2010-11-22	View
Complaint:	Raw sugar can only be exported through a single channel
Resolution status note:	South Africa reported that all excess raw sugar is exported by SASA on behalf of producers simply to safeguard on logistical costs etc to minimize the distortive effects of the world market. The manner in which it is done in SA does not conform to what is normally referred to as single channel - the implications of single channel can be much broader.

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