Active complaints

Showing items 1 to 20 of 77
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
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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 Dedicated Session of the Permanent/ Principal/Under Secretaries and Cabinet Secretary of Trade and EAC Affairs held in Kampala to deliberate on how to resolve these NTBs Dedicated Session recommended that the NTB be finalised during the Ministerial Meeting in November, 2017 in Arusha.

2. 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 "

3. 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.
4. 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.
 
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: At the 15th meeting of the SADC Sub Committee on Trade Facilitation held on 17-18 May 2017, Botswana reported that a Feasibility Study on Liberalisation of Beef Export Market has commenced. An Inception Report has already been produced and presented to the Reference Team. The final report will be produced in six (6) month from March 2017.  
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: During the 15th SCTF held in may 2017, the SADC Secretariat reported that this NTB would be addressed through the Tripartite FTA work programme therefore any progress will be determined by the progress under the Tripartite programme.  
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: During the 15th meeting of the SADC Sub - Committee on Trade Facilitation held in May 2017, the Secretariat reported that the Issue had been referred to Directorate of Infrastructure & S for consideration because it is outside the scope of trade.  
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: The SADC secretariat reported that a study on developing a SADC STR had been commissioned and the Consultancy firm presented a preliminary report on its findings to the 15th SCTF meeting held in Gaborone from 17-18 May 2017 for noting.  
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 18th SADC Sub Committee on Trade Facilitation meeting held in Gaborone, Tanzania informed the meeting that it was the DRC companies that experienced the NTB, however, DRC responded that they had not received any complaint from the companies . The two countries would undertake bilateral consultations between the Ministries of Transport and Ministries of Trade and report back.  
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 6.5. Variable levies
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: During the 15th SADC Sub Committee on Trade facilitation held in May 2017, Zambia reported that this NTB had been resolved. However, South Africa Focal Point undertook to verify with complainant and provide feed back on the status.  
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: The Council at its sitting of 27th May 2016 directed that a bilateral meeting between URT & Kenya be held to resolve this NTB. This matter was discussed during the JCC between URT and Kenya held in December 2016 in Dar-es – Salaam.

A bilateral meeting scheduled to take place in May 2017 however Kenya requests URT to repeal the law to resolve the long outstanding issue.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. 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.
 
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.The Dedicated Session of the Permanent/ Principal/Under Secretaries and Cabinet Secretary of Trade and EAC Affairs held in Kampala to deliberate on how to resolve these NTBs Dedicated Session recommended that the United Republic of Tanzania expedites the Ratification of the SPS Protocol and that the United Republic of Tanzania Mutually recognizes quality marks from other EAC Partner States as provided for in the SPS Protocol.

2. 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.

3. 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.
 
Progress: During the 15th meeting of the SADC Sub Committee held in May 2017, the Secretariat reported that the SCCC made general observations on similar issues where receipts are not issued. SCCC recommended that border authorities should put measures in place such as hidden cameras etc to identify culprits. Member States will report on progress regarding the recommendation.  
NTB-000-670 8.6. Vehicle standards 2015-05-08 Tanzania: Tunduma In process View
Complaint: Despite the passing and acceptance of EAC Vehicle Overload Bill of 2012, whereby it states under the Fourth Schedule s.5 (1) (c) - VEHICLE DIMENSIONS, AXLE LOAD CONFIGURATIONS AND VEHICLE COMBINATIONS, that the maximum vehicle combination length permissible is 22 m and which includes and covers the South African designed and developed Interlink combination of 22 m maximum. Tanzania are still insisting on abnormal vehicle permits to be issued to these vehicles on entry into Tanzania at Tunduma Border Post at a cost of US $20 per entry or face heavy penalties including the impounding of vehicles if they are not in posesion of an abnormal permit.

This is in breach of the Bill which has been accepted by all EAC Member Countries including Tanzania and this policy needs to be revoked ASAP.
 
NTB-000-676 2.3. Issues related to the rules of origin 2015-07-31 SADC Mauritius In process View
Complaint: The 2 stage transformation needed on clothing is too stringent as it stifles investment in manufacture of clothing due to economic reason and prices. Our company would want to invest in Bio organic fabrics. We invest in stock form India for knitted fabric jersey 100% but with this fabric we have issues to get the SADC certificate of origin as in the rules of origin it does not have 2 value added process. But we are a brand, we produce the garment here in Mauritius we do also the printing at our factory. Therefore there is two process, the cloth is cut here, and then printing.Please can our case be studied as we are a SME factory and for our survival we need to export to Africa. Can this case be study for the rules of origin be modified if the printing process is big part on the value of this product  
Progress: During the 15th meeting of the SADC Subcommittee on Trade facilitation, the Secretariat reported that work is underway to review the Rules of origin. This matter was on the agenda of the next meeting on rules of origin for consideration.  
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