Active complaints

Showing items 1 to 20 of 63
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
COMESA
EAC
SADC
Status
Actions
NTB-000-745 6.1. Prior import deposits and subsidies 2017-01-19 Zambia: Kazungula Ferry South Africa New View
Complaint: “SARS received an escalation in January 2017 from Deloitte, regarding a complaint by fuel exporters from South Africa. The complaint is regarding Zambia Revenue Authority (ZRA) Circular No. 9 of December 2016, notifying its officers “that all fuel imported from South Africa under preferential arrangements should be subjected to payments of a monetary deposit equivalent to the full customs duty payable.

The modalities of collection of the said deposit will be temporarily suspending both SSA and SDC preferential rates against goods of HS 2710.12.10 and 2710.19.10 until the Origin verification process is finalised”.

SARs is of the view that the collection of the monetary deposits on fuel imported from South Africa is against the spirit of the SADC Protocol on Trade and the WTO, as this treatment applies only to oil imported from South Africa. It pre-supposes that the ZRA is nullifying the SADC Protocol on Trade relating to those specific products without following the proper procedures regarding derogation on infant industries.

SARs has tried several times to get answers from Zambia Revenue Authority (ZRA) to explain their reasoning behind the circular and so far, they have not provided any correspondence to this matter.
 
NTB-000-742 3. Technical barriers to trade (TBT)
B1: Prohibitions/restrictions of imports for objectives set out in the TBT agreement
2017-02-20 Uganda: Port Bell Lake port South Africa New View
Complaint: Verification Agencies (SGS) apply standards that are higher than International accepted standards requiring additional tests and certificates which is of high costs. Additional tests include tests for copper, iron, manganese, lead and coliforms which are expensive tests adding to the costs of doing business. The additional tests last for a week in addition to the export process. The Agency offers Route B or C product registration. Product meant for Kenya, Tanzania and Uganda are tested once a year Route C is a security factory audit for wine export to the abovementioned countries  
NTB-000-741 3. Technical barriers to trade (TBT)
B1: Prohibitions/restrictions of imports for objectives set out in the TBT agreement
2017-02-24 Angola: Port of Luanda South Africa New View
Complaint: New Agency (Bromangol) have been appointed in addition to the Ministry of Health and this has resulted in duplication of processes and tests and this is additional costs for exporter. It takes 43 days to clear goods before they can enter and about 9 imports documentation and process take place. Lack of training by officials. Currently there is a freeze on the issuance of new import licenses and there is no indication as to when will the freeze be lifted. There is no transparency regarding requirements, rules and regulations to comply with exporting. All this rules and regulations changes without notification and it is expected to comply with them immediately. These results in rates introduces which differ from one port to another. (Inconsistent application). There is lack of enforcement and date which increase the uncertainty.

It take 6 - 8 weeks just to obtain visa to Angola, it is not possible to obtain a multiple entry visa. For every business trip visa is a prerequisite. Intellectually property rights legislation is not implemented and it results in litigating which is costly to protect the trademark.The time frame for credit letters used to be 30 days now it is 210 days.
 
NTB-000-737 7.4. Costly procedures 2017-03-01 SADC South Africa New View
Complaint: KBP company who constructed the new border between Zambia and DRC , about 6 years or so ago pegged crossing fees at $100/truck for the Zambia side and $100 for DRC side. The same charge is levied for the return journey therefore transporters pay total crossing fees of $400/truck for a round trip .Further , parking fees of $25/truck/day are enforced for units that stay over 24 hours in the parking bay. These fees were justified at the beginning as these were to modernize the border. However, the transport rates have tumbled by as much as 40 % and we all now have to look at cutting costs.

Taking into account the number of vehicle crossings daily, the US$ 400 crossing fees per round trip has now become a barrier to trade and is having an impact on growth in trade in the region.
 
NTB-000-735 8.8. Issues related to transit 2017-02-28 Comoros: Moroni sea Port Comoros New View
Complaint:  
NTB-000-734 2.6. Additional taxes and other charges 2017-01-09 Malawi: Muchinji Zambia New View
Complaint: Whenever we have to be attended to by border officers on the Malawian side during the weekend, we are charged a fee which they term 'over-time', amounting to K1,000 Malawian Kwacha, which charge is not levied on the Zambian side.  
NTB-000-732 5.15. Other 2017-01-01 Zambia: Zambia SADC New View
Complaint: Carbon Tax Increase over 37% for commercial vehicles  
NTB-000-731 6.6. Border taxes 2017-01-01 Zambia: All Zambian Border Posts SADC New View
Complaint: Introduction of fees on all motor vehicles exiting and entering Zambia

This measure will effectively increase transportation costs for both businesses and individuals.

As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.

The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.

Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.

Effective date

All of the above measures will take effect from 1 January 2017.
 
NTB-000-729 6.6. Border taxes 2017-01-01 Zambia: All Zambian Border Posts SADC New View
Complaint: Introduction of fees on all motor vehicles exiting and entering Zambia

This measure will effectively increase transportation costs for both businesses and individuals.

As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.

The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.

Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.

Effective date

All of the above measures will take effect from 1 January 2017.
 
NTB-000-728 2.6. Additional taxes and other charges 2016-11-01 Zambia: Kazungula Ferry Botswana New View
Complaint: Importers of beans, ground nuts and sweet potatoes from Zambia into Botswana have complained that they have of late, been charged amount in excess on BWP 1 000 by some Zambian border authority for which receipts are never issued. A number of those complaints have revealed that no receipts were issued to denote what the BWP 1 000 was being paid for. No explanation was also given. These importers have, while in Zambia paid all the charges relating to phytosanitary and other charges for their goods-receipts for such are duly produced.

The additional charge is suspected to be charged without any legal basis from Zambia Government. This additional charge is placing a burden on small traders whose livelihood depends on selling the products in Botswana.
 
Products: 1202.41: Groundnuts, in shell (excl. seed for sowing, roasted or otherwise cooked)  
NTB-000-727 4. Sanitary & phyto-sanitary (SPS) measures
A53: Fumigation
2016-12-01 Botswana: Kazungula Ferry Zambia New View
Complaint: Botswana border officials demand fumigation certificate for molasses. To my knowledge, foodstuffs like molasses cannot be fumigated and on the Botswana import permits (plant protection), this is not among the requirements. This leads to delays, additional costs (e.g demurrage), possible loss of business and risk of product going bad.  
NTB-000-725 2.6. Additional taxes and other charges 2016-11-01 Angola: Port of Luanda South Africa New View
Complaint: Angola has Cumbersome and costly documentation and export/import requirements. The following is list of documentation required for a single consignment : i) 2x1 Original Bill of Landing; (ii)Original stamped and signed Commercial invoice; (iii) Original stamped and signed packing list; (iv) Analysis certificates if so required by consignee; (v) Loading Certificate (known as ARC or CNCA) PIP number prior to loading (required to do the pre-inspection) - not compulsory ; (vi) Voluntary pre-shipping control of merchandise (to be done at place of origin by inspector that issued the PIP number) Certificate of Origin( if so required by consignee) transport documents, full load container have to be sealed; (vii) letter from consignee nominating Orey as his forwarder agent; (viii) letter of responsibility from consignee to the carrier accepting full responsibility for demurrages and eventual container damages; (ix) copy of tax payer card of consignee; (x) Ministry of Commerce to issue license upon presentation of the commercial invoice; (xi) Ministry of Commerce to provide DU number, each invoice has different DU number.
The expected time frame is 72 hours (3 days) to get a DU number. CNCA certificate can only be issued upon presentation of the DU number for each specific shipment. Cost to produce DU number is 10 USD per invoice + Process DU (MINCO) FOB value 0.2%.

Costs
There is Fixed delivery and clearance rates in Luanda. Transport costs of 25% as from 15/1/2016, plus other additional chargers. Lab analysis costs 3000 USD per invoice. Analysis are mandatory to any imported edible goods, from water to beverages.

Delivery costs to Luanda per 20" + - 800 USD + 250 USD per night time delivery within city limits. overtime applies all the time due to restriction on delivery during the day due to traffic. Exporters are forced to pay incentives costs to EHO by OREY for DDP shipments. 20" => 150 USD if customs clearance handled by Orey, 40" => 170 USD if customs clearance handled by Orey.

Other fees charged are:
Shipment tracking & dispatch, BL Validation 160 per unit, Container deposit 1000 per unit
Delivery order 25 USD per unit. Port Tax 93.00 per unit, Wharfage 280.00 USD per unit, Tracking fee 100 USD per unit, Clearance transport and petties 350 USD per unit, delivery between Luanda /Soyo 3500.00 USD, return empty 400 USD per unit, transport between Luanda and Cabinda 11000.00 USD per unit, co-ordination 2.5% minimum USD 50.00. Consumption Tax of 5% service costs rendered in Angola. Taxes in all alcohol beverages is high 30% Cocktail 50% Ciders 51%

We believe this costs makes it difficult for investors to do business in Angola, most of them amount to tariff and non-tariff barriers we would like Regulators to review them.
 
NTB-000-723 7.4. Costly procedures 2016-09-06 Zambia: All ports of entry South Africa New View
Complaint: Drivers are experiencing long delays in processing of the maize export permits in Zambia. It takes more than 90 days for permits to be processed by the authorities causing drivers to exceed their 90 day limit in Zambia.Once drivers reach this limit, they are required to buy work permits at a very high cost of $225. This impacts heavily on already small margins.  
NTB-000-721 5.5. Import licensing requirements
Policy/Regulatory
2016-06-17 Zimbabwe: Ministry of Industry & Commerce Zambia In process View
Complaint: Zimbabwe introduced surcharges on certain products in violation of the letter and spirit of the COMESA Free Trade Area. Zimbabwe introduced Statutory Instrument 64 of 2016 , controlling the volumes of imports of products exported by Zambia to Zimbabwe Statutory Instrument (SI 64 of 2016),requires that import licenses be obtained from the Ministry of Industry and Commerce before importation of a wide range of products. The instrument is in force and is being implemented  
Progress: At the 5th Meeting of the COMESA NTB Focal Points held in Nairobi form 23-25 August 2016, Zambia confirmed that the NTB was still pending resolution by Zimbabwe. In response , Zimbabwe reported that Permanent Secretaries of Zimbabwe and Zambia met and agreed that Zimbabwe should communicate all the measures that had been taken and any future measures well on time for the information of trading partners . The parties agreed to meet regularly to share information and discuss mutually beneficial matters of interest to the two countries . Zimbabwe undertook to notify COMESA about the Statutory Instrument 64 by 31 October 2016.  
NTB-000-720 2.3. Issues related to the rules of origin
Policy/Regulatory
2016-06-07 Sudan: Sudan Customs Authority Egypt In process View
Complaint: Sudan Customs authority has stopped applying the customs exemption on Egyptian Ceramic tiles products despite the fact that the consignments are accompanied by a COMESA certificate of origin .  
Progress: During the 5th meeting of the COMESA NTBs Focal Points held in Nairobi from 23-25 August 2016 Sudan reported that it had established a committee comprising the relevant stakeholders to analyse the problem and inform the Minister within 30days. The matter will be presented to the next bilateral meeting between Egypt and Sudan scheduled in Cairo in October 2016. Further , COMESA Secretariat reported that communication had been sent to Sudan on this issue and Sudan undertook to respond to the communication from COMESA Secretariat once it is received.  
NTB-000-718 8.8. Issues related to transit 2016-08-02 Mozambique: Beira Port Zambia New View
Complaint: With reference to Resolved NTB-000-606, the matter is anything but resolved. We continue to experience attacks on our vehicles when using the Munhava Port Access. We have contacted numerous Security Companies in Beira to provide security for the vehicles, all have refused quoting the security situation. We have also been advised by other transporters that placing guards on the vehicles will only draw further action against the vehicles in an act of defiance/retribution. The Police do seem to be prepared to escort the vehicles, but we have no contacts nor tariffs charged. In the past week we have recorded 3 violent incidents.  
NTB-000-716 8.7. Costly Road user charges /fees 2016-06-30 Kenya: Mombasa County Burundi In process View
Complaint: Mombasa Country charges transit trucks waiting to load cargo in the parking yard an amount of Ksh 500 per day.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Kenya undertook to make consultations with the County administration and report back.  
NTB-000-715 2.6. Additional taxes and other charges
Policy/Regulatory
2016-06-30 Tanzania: Ministry of Envinronment Kenya In process View
Complaint: Tanzania authority requires that heat treated wooden pallets be fumigated again at the Border, failure of which they charge penalties.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Tanzania undertook to follow up with relevant authorities and report back.  
NTB-000-714 6.7. Other
Policy/Regulatory
2016-06-30 Tanzania: Tanzania Food and Drug Authority Kenya In process View
Complaint: TFDA registers injectables as per pack size and treats each product by itself rendering retaining licences for the product very expensive.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Tanzania undertook to investigate and report back  
NTB-000-713 2.6. Additional taxes and other charges 2016-06-30 Uganda: Busia Kenya In process View
Complaint: Exports to DRC are subjected to verifications at Busia border and consignments sealed but an additional charges and verification is done at Busitema where the seal is broken and customer/transporter is charged.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Uganda undertook to investigate and report back.  
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