Active complaints

Showing items 1 to 20 of 55
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-000-033 5.10. Prohibitions 2008-12-22 Uganda: Ministry of Rourism, Trade and Industry Kenya In process View
Complaint: Ban on Imports

Kenya has complained that Uganda had placed a ban on beef imports
 
Progress: 1. The NTBs Ministerial Forum urged the Republic of Kenya to review the legal notice No. 69 to address the issues of the BSE disease by December 30th, 2012.

A bilateral meeting was held between Kenya and Uganda between 29th– 30th October, 2015 and among others deliberated on this NTB and agreed that the issue be eventually resolved pending submission of documents on amended laws on fulfillment of conditions for control of bovine and other import diseases into Kenya, by Kenyan authorities to the Ugandan High Commission in Kenya for onward transmission to Uganda government "

2. On 11th September 2014, COMESA Secretariat reported that COMESA had engaged Uganda on this issue but the status still remained the same. Earlier in April 2014, COMESA Secretariat had also suggested that this NTB be addressed within the EAC arrangement. EAC focal points are therefore expected to take this issue up at the next NTBs Ministerial Forum.
 
Products: 0202.30: Frozen, boneless meat of bovine animals  
NTB-000-697 1.14. Lack of coordination between government institutions 2009-07-16 EAC EAC In process View
Complaint: Lack of coordination among the numerous institutions involved in testing and clearance of goods at the Borders  
Progress: The Ministers decided that:
(i) collaboration among the regulatory agencies be enhanced;
(ii) agencies operate under one stop post as is currently being done between Kenya and Uganda;
(iii) agencies collaborate at the national borders with a view to fast tracking clearance of goods at border entry points; and
(iv Mutual recognition of certificates issued by agencies is ongoing.

The operationalization of one stop border posts in the Partner States will address the NTB.
 
NTB-000-075 2.10. Inadequate or unreasonable customs procedures and charges 2009-07-23 SADC Botswana In process View
Complaint: The SADC region has different border operating times and this inhibits intra regional trade  
Progress: 1. On 2nd July 2015, SADC Secretariat reported that the SADC Sub Committee on Customs Cooperation had made significant progress on this issue through ongoing consultations. The Secretariat is expected to provide a progress report stipulating status and outcome of the consultations this regard.

2.At the SADC TNF meeting held on 24 May 2013, in Gaborone, secretariat reported that the 23rd SCCC resolved that Customs Administrations would consult with each other and relevant stakeholders to review the hours of operation of the major border posts, with the objective of meeting the requirements by trade.

The SCCC noted that work was being done to extend operating hours for those border posts.
 
NTB-000-097 1.2. Government monopoly in export/import
Policy/Regulatory
2009-07-26 Botswana: Ministry of Trade South Africa In process View
Complaint: Botswana has a single channel marketing for meat.  
Progress: 1. On 25 March 2015, Botswana Focal Point reported that the Ministry of Agriculture (Botswana) had instituted a Technical Reference Team whose task was to facilitate a feasibility study on the review of the BMC Act. The study will determine whether or not to review the BMC Act based on the findings and recommendations

2. At the 10th meeting of the SADC Sub Committee on Trade Facilitation held on 14-15 June 2012, Botswana reported that debate was still going on in Parliament on whether private participation should be allowed in Botswana’s
meat export market.

3. The SCTF at their meeting held on 23 May 2013, noted that the matter was still in Parliament
 
NTB-000-302 7.7. Complex variety of documentation required
Policy/Regulatory
2009-09-09 SADC Madagascar In process View
Complaint: Differing paperwork and processes for COMESA and SADC causes confusion  
Progress: 1. On 2nd July 2015, SADC Secretariat reported that this NTB would be addressed through the Tripartite FTA work programme. The secretariat was requested to provide more information specifying how the Tripartite FTA work programme would resolve the matter.

2. This is a general complaint with no specific reference to what type of paper work was confusing. However, at the 11th SADC Sub Committee on Trade Facilitation meeting held on 23 may 2013 in Gaborone, an update was provided on progress made by Tripartite Trade Facilitation & Customs Technical Working Group and it was also noted that the ultimate solution would be the Tripartite Free Trade Area.
 
NTB-000-324 7.9. Inadequate trade related infrastructure 2009-09-09 SADC Seychelles In process View
Complaint: Some businesses complained that SADC ports are unable to handle containers that exceed 6 metres (20 ft), which limits exporters in implementing the most cost-effective way of transporting their products  
Progress: The 10th meeting of the SADC Sub - Committee on Trade Facilitation noted that the Secretariat was yet to identify the ports as the complaint is general.  
NTB-000-374 2.8. Lengthy and costly customs clearance procedures 2010-02-10 SADC Zimbabwe In process View
Complaint: Lack of a SADC simplified trading regime hampers small traders from doing business with their SADC counterparts.  
Progress: 1. In 2014, The SAD Secretariat reported that a concept note on SADC Simplified Trading Regime was submitted to the April 2010 TNF meeting and Member States undertook to consult. The matter was also considered by the SCCC in May 2014, which directed the Secretariat to expedite the development and implementation of an STR for SADC. The Secretariat would present proposals for a simplified trade procedure for consideration by the Sub Committee on Trade Facilitation in fiscal year 2015/16.

2. The 7th meeting of the SADC Trade Negotiating Forum held on 24 May 2013 in Gaborone, decide that a study to assess possible impact of STR be carried out.
 
NTB-000-358 2.8. Lengthy and costly customs clearance procedures 2010-02-10 Democratic Republic of the Congo: Ministry of Trade Tanzania In process View
Complaint: The process of obtaining DRC Ogeframe certificate delays cargo at the port and increases costs. Procedure is too long as it involves exporter paying fees at Tanzania Revenue Authority in DAr es Salaam Office and then take the document for endorsement by DRC. This is applicable only to transit goods to DRC.  
Progress: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool from 9-10 April 2013 in Lusaka, Zambia, DRC reported that internal consultations would be made with relevant authorities.  
NTB-000-433 4.1. Issues related to sanitary and phyto-sanitary measures
A11: Temporary geographic prohibitions for SPS reasons
2010-05-11 Zambia: Zambia Revenue Authority Kenya In process View
Complaint: Zambia Revenue Authority does not recognize origin of milk produced in Kenya  
Progress: 1. During the 2nd meeting of the COMESA Heads of Customs sub committee held from 19-20 June 2015 in Nairobi, COMESA secretariat reported that a bilateral meeting was held on 28-30 April 2015 at which the two countries agreed to share information and that an expert on milk be invited to another meeting scheduled for July 2015.
At the sub committee meeting, Zambia reported that the issue was being handled by the ministries of Agriculture and Commerce , Trade and Industry who were not attending the Heads of customs meeting and therefore could not provide progress report. Kenya reported that the country was keen to resolve the matter and made a plea to Zambia expedite sharing of required information to facilitate the process; including risk assessment report s the standard on milk. The meeting noted that Kenya was to send Zambia a report demonstrating that its milk products meet the health requirements in Zambia.

Meanwhile, the secretariat was working with FAO to resolve the matter.

2. On 16th July 2013, Kenya Focal point requested that the COMESA Secretariat intervene and organize for a meeting where they will act as an arbitrator in helping the two Member states resolve the NTBs.


3. At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool from 9-10 April 2013 in Lusaka, Zambia, the two countries confrimed that Kenya undertook to Zambia from 29 October to 2 November 2012 and that the report of the meeting was ready. Zambia reported that Ministry of Trade was consulting with Ministry of Agriculture on the dates which will communicated to Kenya to discuss the report. Zambia was to indicate specific timelines in order to expedite th ematter.
 
Products: 0401.10: Milk and cream of a fat content by weight of <= 1%, not concentrated nor containing added sugar or other sweetening matter  
NTB-000-420 2.3. Issues related to the rules of origin 2011-05-01 Zambia: Nakonde Kenya In process View
Complaint: Since early May 2011, one of our Association member companies(Bidco Oil Refefineries) product's(palm based cooking oil) has been stopped from entering the Zambian market by Zambia Revenue Authority with the reason that the product do not meet 35% value addition criteria as required under COMESA product on the rules of origin. Zambia government Authorities including the officials of the Zambia revenue Authority have visited in the past Bidco oil refeneries and confirmed that palm based cooking oils meets 35% value addition criteria. Kenya Revenue Authority had also in May did a fresh verification mission on the affected product which we understand was sent to ZRA. To date ZRA has not responded to verification report of KRA on the company's product and meanwhile the company continue incurring losses due to lost market share Zambia. Our submission is that Zambia Revenue Authority respond to Kenya Revenue Authority verification report and follow the laid down procedures in the COMESA Protocol on the rules of origin if the Authority is still disputing the fulfillment of 35% value addition in regard to the product. This is happening at the border points. The importer has now stopped importing palm oil cooking oils consignments from Kenya after dealer paid the CET rate of 25% instead of 0% and incurred very heavy loss.  
Progress: 1. The 2nd meeting of the COMESA Heads of Customs Sub Committee which met from 19-20 June 2015, noted that KPMG report had confirmed that Palm Oil from Kenya met the COMESA RoO and that KRA had written to its counterpart ZRA on 28 February as per recommendations of the extra - ordinary meeting of the COMESA Trade and Customs committee held on 9-11 February 2015.

Zambia confirmed receipt of the required information informed the meeting that the issue was under consideration .

2. On 16 January 2015, Kenya Focal point reported that according to KAM consultant on edible oils, the NTB was discussed and an audit was carried out independently on Bidco by KPMG and communicated to the Ministry of Foreign Affairs & International and COMESA Secretariat in 2014. KAM was advised that the audit found that palm oil exported to Zambia by Kenya had 40% value addition.

KAM was now waiting for their edible oils KAM consultant to advise whether the exports of these products were receiving preferential tariff treatment in Zambia.

3. As at 26 September 2013, the COMESA secretariat was yet to provide progress report.


4. On 16th July 2013, Kenya Focal point requested Zambia to indicated progress made since their report to the Tripartite NTBs Online Reporting, Monitoring & Eliminating Mechanism meeting and SMS Reporting Tool Launch on 9th and 10th April 2013 in Lusaka Zambia. At this meeting, the Republic of Zambia indicated that the bilateral meeting would be held within a month’s time from the date of this meeting. Kenya proposes that, in view of the delays in bilateral consultations, the COMESA Secretariat facilitates a meeting where they will act as an arbitrator in helping the two partner states resolve the NTBs and enable industry to benefit from the inherent market access for their products.


5.At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool from 9-10 April 2013 in Lusaka, Zambia,Kenya and Zambia requested the COMESA Secretariat to organise a bilateral meeting between the two countries in order to arbitrate between them. COMESA Secretariat was also requested to provide guidance on the proper interpretation of the Rules of Origin forthis product.
 
Products: 1511.10: Crude palm oil  
NTB-000-479 2.6. Additional taxes and other charges 2011-12-30 Tanzania: Mtwara Tanzania In process View
Complaint: Impose Import Tax from Ministry of Livestock and Fisheries Development in Tanzania on raw seafood coming from Mozambique accompanied by SADC Certificate and all other relevant documents from Mozambican Authorities.  
Progress: 1. On 20th July 2013, SADC secretariat requested Tanzania Focal Point to provide progress report on this issue. Response is being awaited.

2. At the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, Tanzania reported that the matter would be taken to relevant authority.
 
Products: 0306.24: Crabs, even smoked, whether in shell or not, live, fresh, chilled, dried, salted or in brine, incl. crabs in shell, cooked by steaming or by boiling in water, 0306.21: Rock lobster and other sea crawfish "Palinurus spp., Panulirus spp. and Jasus spp.", even smoked, whether in shell or not, live, fresh, chilled, dried, salted or in brine, incl. in shell, cooked by steaming or by boiling in water, 0307.51: Octopus "Octopus spp.", live, fresh or chilled and 0307.41: Live, fresh or chilled, not smoked, cuttle fish "Sepia officinalis, Rossia macrosoma, Sepiola spp." and squid "Ommastrephes spp., Loligo spp., Nototodarus spp., Sepioteuthis spp.", with or without shell  
NTB-000-499 8.7. Costly Road user charges /fees 2012-03-14 EAC Tanzania In process View
Complaint: Non-harmonized road user charges / road tolls in EAC Partner States.  
Progress: 1. The EAC, in collaboration with SADC and COMESA, is working on a model for harmonizing the principles for road user charges

2.The 16th EAC Forum on NTBs held in Kigali noted the decision of the 11th TCM Sectoral Council held in June 2014. The Council noted that the study on the harmonization of the road user charges and tolls would commence in the financial year 2014/15. This follows from the adoption by the same Sectoral Council of the EAC Transport Facilitation Study Report which will inform the harmonization process. The time frame given was June 2015
 
NTB-000-520 1.1. Export subsidies
Policy/Regulatory
2012-06-20 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Beef and Pork from Kenya Farmers Choice are being charged 25% by Tanzania because the company is in the duty remission scheme despite the products not benefiting from the duty remission scheme.  
Progress: 1. On 5 December 2013, Kenya FocalPoint reported that the bilateral meeting failed to resolve this issue.

2. During the 7th EAC Regional Forum on NTBs held on 27th – 29th June 2012, Kampala, Kenya reported that the products being exported to Tanzania do not benefit from the duty remission scheme. The meeting recommended that the issue be deliberated upon during the bilateral meeting between Kenya and Tanzania scheduled for 21-22 Augustt 2012.
 
NTB-000-530 8.1. Government Policy and regulations
Policy/Regulatory
2012-09-10 Zambia: Lusaka South Africa In process View
Complaint: This complaint is registered by FESARTA.
Zambia is requiring all foreign tankers either delivering product to Zambia, or transiting Zambia, to comply with its Standards 371:2008 and 429-4:2008.
Furthermore, it is charging transporters to obtain a permit to certify that the tankers comply with the Standards.
It is not acceptable that Zambia should apply its Standards to foreign vehicles.
It should accept that the foreign vehicles comply with their own countries' Standards and that they have certificates of roadworthiness to show that they comply.
This requirement is affecting the free flow of goods into Zambia.
What would happen if a country with more stringent Standards than Zambia, were to apply the same requirement.
It would mean Zambian tankers would not be able to transport product into that country.
One can especially not change a standard at a drop of a hat and then expect vehicles to comply with a new standard in three months’ time. This does not happen anywhere in the civilized world. If one wants to phase in design changes, one applies it from a point onwards and then one allows the older vehicles to operate until a type of grandfather clause takes effect or the tanker has reach the end of a determined life.
Transporters operating tankers into Zambia cannot be expected to suddenly alter the design of their tankers.
For example, if their country allows a 10000 litre compartment, they cannot suddenly change this to a 7000 litre compartment to suit Zambia. It would mean they would have to stop operating to Zambia.
This is against the objectives of trade facilitation, will create monopolies and increase the cost of transport.
 
Progress: 1. On 5 December 2013, FESARTA reported that “Zambia is, in general not recognising other countries standards and is requiring foreign vehicles to comply with its requirements. In addition to the tanker standards, it applies to several smaller items such as triangles, white and red stripes on the front and back of vehicles, etc.”
Mbala council which is where Nakonde border is located has doubled the council fees for a truck from $10 to now about $ 20. It was agreed that no local council should be charging any fees since foreign trucks pay for road permits etc.

FESARTA is concerned that this is becoming more and more trend in Zambia where foreign transporters are targeted to pay local fees, border parking fees, parking fees like Zamesco in Tunduma and in Kasumbalesa as well. The whole idea of Dar Corridor to be cheaper and efficient is now failing. If something is not done urgently we will soon have duplication of all the local councils in Zambia starting to charge fees.
FESARTA and the NRTAs are ready to interact with the Zambian authorities to resolve these complaints and requests Zambia Focal Point to facilitate the engagement to look into the issues as these NTBs have been registered for some time.


2. On 14 November 2012, SADC Secretariat advised that , Article 6.5 of the SADC Protocol on Transport...addresses the harmonization of standards in respect of vehicle dimensions and combinations. This process is on going and Zambia is invited to submit its recommendations to the SADC Working Groups addressing this matter through SADC Secretariat for consideration. In the absence of an agreed regional standard, Article 6.3 (5) applies. This states that " A Member State shall recognize the roadworthy certification and or vehicle fitness certification issued in another Member State in respect of a vehicle registered in such State for the purpose of the free movement of such vehicle within its territory............". After conducting their internal consultations, Zambian Authorities should explain why this article should not apply. In the interim, we would request Zambia to consider suspending the enforcement of this standard.
 
NTB-000-575 8.1. Government Policy and regulations 2013-03-14 Zimbabwe: Beitbridge South Africa In process View
Complaint: This complaint is registered by FESARTA.
The old bridge at Beitbridge cannot be opened to traffic because of an existing agreement between the government of Zimbabwe and a private sector company.
It is accepted that it is an old bridge and that it may not be safe for many heavy trucks using it at one time. However, there is a railway line over it and there does not seem to be any refusal to allow trains to use it.
It could be used by private motorists, so freeing the new bridge for heavy goods.
There seems to be no justification to renew the existing agreement.
 
Progress: 1. At the FESARTA Transport Forum held on 17-18 April 2013, it was reported that FESARTA would source a study on the condition of old bridge and also follow up with BCOCC and Zimbabwe Revenue Authority with regards progress/next steps on Beit Bridge Border Management System.

2. A reminder was sent to FESARTA on 18 November 2014 to follow up on progress to date.
 
NTB-000-698 2.14. Other
Policy/Regulatory
2014-07-23 EAC EAC In process View
Complaint: Border management institutions’ working hours are not harmonized.  
Progress: Implementation pending completion of OSBP in June 2016.
The Joint Border Committee (JBC’s) which have proved to be very effective in fast tracking border trade transactions should be facilitated by providing them with offices and other support to ensure smooth operationalization of OSBP and harmonization of working hours
Rwanda reported that the working hours have been harmonized.

Uganda harmonized the working hours at Malaba, Busia, Mutukula and Milama Hill, Katuna and Cyanika Borders.

Kenya reported that the Borders of Malaba, Busia, Namanga and Holili have harmonized the working hours.
 
NTB-000-652 2.3. Issues related to the rules of origin
Policy/Regulatory
2014-12-11 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Cigarettes manufactured in Kenya exported to Tanzania required to have a local 75% tobacco  
Progress: 1. During the 29th meeting of the Council Tanzania undertook to repeal the law governing the 75% local tobacco content by June, 2015. Refer latest council decision.Tanzania reported that internal consultations to implement Council decision to repeal the law were in progress. URT to report to next meeting of Council in February 2016 on progress made.

2. The 18th meeting of the EAC Regional NTBs Forum noted that the URT had agreed and promised to remove the requirement through Finance Bill during the 2015/2016 budget. But it was not done.

3. The 16th EAC NTBs Forum held in Kigali noted that, at the 29th meeting of the Council, Tanzania undertook to repeal the law governing the 75% local tobacco content by June, 2015.
 
NTB-000-653 3. Technical barriers to trade (TBT)
B15: Registration requirement for importers for TBT reasons
Policy/Regulatory
2014-12-11 Tanzania: Tanzania Food and Drugs Authority Kenya In process View
Complaint: Tanzania food and Drugs Authority requires Burundi and Kenyan companies exporting to United Republic of Tanzania to register which may entail retesting and re-labeling of the products before exporting.  
Progress: 1. Partner States’ Standards bureaus should give mutual recognition of quality marks issued by competent authorities in Partner States. The TFDA should eliminate its requirement that companies exporting to URT should re-register, re-label and retest their products.

2.The 16th EAC NTBs Forum held in Kigali noted that the 18th meeting of the East African Standards Committees held in 2014 deliberated on the NTB and:

i) urged TBS to adopt all the harmonized EAC Standards to ensure that there are no barriers arising from the Standards; and

ii) requested TFDA to carry out a review on food product safety control systems in other Partner States for the purpose of creating confidence and facilitating trade within the EAC region and report back to the Committee by June 2015.
 
NTB-000-657 5.15. Other
Policy/Regulatory
2014-12-11 Tanzania: Various State Agencies EAC In process View
Complaint: Numerous monetary charges required by various agencies in the United Republic of Tanzania on exports of dairy products  
Progress: At the 16th EAC NTBs Forum held in Kigali, noted that the SCTIFI urged Partner States to forward charges on dairy products to the EAC Secretariat in order to work modalities to harmonize them. The Secretariat informed the meeting that it was only the Republic of Kenya and Rwanda who had submitted their charges. The meeting recommended the other Partner States to submit their charges by 31st December, 2014. The time frame for addressing this issue is June 2015.  
NTB-000-662 8.8. Issues related to transit 2015-02-19 Mozambique: Weighbridge at Matola on the Maputo corridor Zimbabwe In process View
Complaint: Zimbabwean truck drivers are now facing police harassment near the weighbridge at Matola on the Maputo corridor. The police are taking Zimbabwe drivers licence and their passports, supposedly to check the authentication of the driver holding the documents. The driver is released in order to go and off load and is briefed that the police will have an answer for him on his return.

On his return driver is told that the licence is a fake and the driver is to pay a spot fine of ZAR5000.00. It appears that the police are rubbing the metal disc with something, so that certain information is now very faded, and not legible. When the driver produces his international drivers’ licence, to confirm the validity that is taken away by police, who only return it after some hours, with the expiry date is now illegible. The ZAR 5000.00 rand fine is enforced. The language is a convenient barrier, as the police claim not to be able to speak English. All fines in Mozambique seem to be ZAR 5000.00.

Drivers are detained for days until they come up with some sort of cash ranging from ZAR400.00 upwards if they are lucky. This problem is more prevalent during weekends.

Please can we have a stop put to this practice? Defacing a Government document I believe is an offence, and should not be tolerated. Business is challenging enough as it is, without trade barriers being further forced upon the transport industry.
 
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