Active complaints

Showing items 21 to 40 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-000-715 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-000-711 8.7. Costly Road user charges /fees
Policy/Regulatory
2016-06-30 Kenya: Mombasa County Burundi In process View
Complaint: Mombasa County in Kenya charges transit fees of ksh 6,000 for transit cargo truck.  
Progress: Kenya will report back in the next EAC Regional NTBs Forum.  
NTB-000-710 2.14. Other
Policy/Regulatory
2016-04-01 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: TRA offices close earlier (3.00 pm) than KRA Office hindering the Verification at Inland Container Deport (ICD) Nairobi  
Progress: URT reported that TRA Officers deployed in Kenya for the Single Customs Territory (SCT) are working under KRA working hours. There are 6 TRA Officers in Kenya i.e 3 in Nairobi and 3 in Mombasa.

This NTB is to be referred to the SCT Committee.
 
NTB-000-709 2.2. Arbitrary customs classification 2016-04-01 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Arbitrary uplifting of value exports of the Air filters for internal Combustion manufactured by Kenafric products leading to high charges on VAT  
Progress: URT reported that this NTB was resolved. However, Kenya reported that this NTB was still obtaining and
will be discussed during the bilateral meeting between Kenya and URT.
 
NTB-000-703 2.8. Lengthy and costly customs clearance procedures 2015-11-10 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Single Customs Territory (SCT) export documents processing in Tanzania are taking longer up to 10 days to be cleared instead of 3 days.
 
Progress: The 21st EAC NTBs Regional Forum held in Nairobi recommended that URT consults with their National Standing Committee on SCT and report back during the next meeting.

URT reported that there has been improvement and days for processing the documents have reduced. URT requested Kenya to provide specific cases affected by this NTB so as to enable follow-up. It was reported that generally consignments with correct documentation are cleared on time.

However, Kenya reported that the delays are still ongoing. Manufacturers are still being charged exhobitant fees ($300). Kenya submitted evidence of specific cases at the time of reporting the NTB.

Kenya will resubmit the evidences earlier submitted to the Secretariat including new evidence.
 
NTB-000-702 2.3. Issues related to the rules of origin 2015-09-17 Tanzania: National Environment Management Rwanda In process View
Complaint: Delays in issuance of certificates by Tanzania’s NEMA (National Environmental management Authority) which has the validity for three months. It also takes three months to renew the certificate that allows Bralirwa Ltd to export broken glasses and bottles to Dar es Salaam to be recycled by KIOO Ltd.
Reported in 2015.
 
Progress: The meeting recommended that there should be no delays in issuance of license.

Rwanda resubmitted the documentary evidence.

URT reported that they will make a follow up with the relevant authority and provide information on procedures on the issuance of certificates by Tanzania’s NEMA
 
NTB-000-701 6.5. Variable levies
Policy/Regulatory
2015-07-15 Tanzania: Ministry of Industry, Trade and Investment Kenya In process View
Complaint: United Republic of Tanzania has introduced a railway development levy of 1.5 per cent for imports from Kenya.
Reported in 2015.
 
Progress: United Republic of Tanzania reported that the levy had been abolished but Kenya provided evidence which showed that the exporters are still been charged as per February, 2016. The recommended that Tanzania forward a copy of the legal notice which abolished the levy to EAC secretariat by 15th April 2016 for circulation to Partner States.

URT reported that the railway development levy was removed in March 2016 and one case that happened was a system error and the system has been improved to avoid similar errors in future.

The Secretariat reported that it received an official communication from URT on 27th April 2016 informing that the NTB had been resolved. The copy of the letter was circulated in the Meeting of the 21st NTBs Forum.
However, Kenya reported that they are going to confirm the status and report back to the next meeting in September 2016. In the meantime the NTB remain unresolved.
 
NTB-000-700 1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory
2015-07-24 Kenya: Ministry of EAC, P.O. Box 8846-00200, NAIROBI. Tel: +254 722475368 Uganda In process View
Complaint: Kenya was restricting Cable Corporation (Uganda) Ltd from its tendering processes for the supply of electric cable products  
Progress: Uganda informed the meeting that the NTB still exists. Kenya undertook to consult and report back during the next meeting.  
NTB-000-699 2.3. Issues related to the rules of origin
Policy/Regulatory
2015-07-23 Tanzania: Ministry of Industry, Trade and Investment 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.  
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-000-697 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-000-689 8.6. Vehicle standards 2016-03-23 Botswana: All Border posts or entry points into Botswana by road In process View
Complaint: We have a problem in Botswana regarding the determination of Road User Charges at the border posts into Botswana.

The trailer manufacturers states the GVM to be 36 000 kg per unit (see attached vehicle registration papers)

This is the combined weight of the front and back link. However that is not what is reflected on the disc.

What it should say on the disc, is that the carrying capacity:

a) on the front link is 13000 kg.
b) The rear link is 23000kg.
c) The combined weight is thus 36 000kg.

We all know that it is not possible to carry 36000kgs on the front link and 36000kgs on the rear link. The axle configurations do not permit this to say the very least.

The problem arises on entry into Botswana at the border posts. They charge their road user fees per disc weight on the front and rear trailer.

therefore we end up paying for 36000kgs for the front trailer and 36000kgs for the rear trailer, this is 72 000kgs per unit.

To change the SA disc the following procedure will have to be followed.

1) W/bridge
2) Road worthy
3) Registration certificate
4) Certificate of compliance
5) Certificate model
6) Builders certificate
7) Ten days to change details of GVM per trailer.

a) It is very costly
b) it is very time consuming
c) it is not practical
d) It defeats the object of standardization and harmonization in the SADC region.

In this day and age where we are all trying to tighten our belts in order to survive, we can ill afford such additional costs.

This matter requires the urgent intervention of the focal point group in Botswana to address this matter urgently with the Roads Department in Gaborone, all relevant documentation pertaining to this case has been attached.
 
NTB-000-677 2.4. Import licensing 2015-09-11 Mozambique: Nyamapanda border post Malawi In process View
Complaint: The importer by the name of GATBRO INTERNATIONAL LTD, P.O. BOX 1433, Lilongwe 3 is being requested by the Mozambican customs official to produce an import license for Doom. The importer is being requested to indicate that he has this license issued by Malawi Ministry of Industry and Trade/Malawi Government. HOwever, Malawi does not import licensing Doom.  
Progress: On 22 September 2015, Mozambique focal point reported that the request by the Mozambican customs official to produce an import license for Doom was legal, under the Decree nº06/2009, of 31 March, which states: Article 26 Authorization for the transit of pesticides
1. Pesticides in transit through the country are subject to previous authorization granted by the Registrar, which shall be requested by a legally established company in the country, which represents the importer and assumes full responsibility for the product during the time it remains in Mozambican territory.
2. The authorization request shall be made through a signed and stamped letter containing the following data: a) Trademark of the product; b) Active Substance(s) and content (s); c) Manufacturing and use-by dates; d) Lot number; e) Toxicological class s defined by the WHO; f) Country of origin and final destination; g) Entry and exit port in Mozambique; h) Name and address of the importer; i) Name and address of the exporter; j) Entity responsible in Mozambique for completing the transit procedures, when applicable.
3. The request mentioned in paragraph 2 of this article shall be accompanied by a document issued by the pesticides control authority of the importing country, confirming that the importation in question has been approved, as well as by a letter from the importer indicating the local company as its representative for this activity.
4. The transit of pesticides shall respect the provisions of all conventions, protocols and/or standards to which Mozambique is a party, and the international technical safety standards for the transport of pesticides by land, by air and by sea.
5. Pesticides in transit are subject to the following conditions: a) The pesticides shall be duly packed and labelled so that there are no ruptures; b) The pesticide packages shall contain information about safety measures.
6. If the information indicated in clauses a) and b) of the previous paragraph is written in a language other than Portuguese, each consignment shall contain a flyer with the translation of this information into Portuguese.
7. The issue of a pesticide transit permit is subject to the payment of a fee as per Annex I. For further clarification, please find attached Decree nº06/2009, of 31 March



2. On 15 September 2015, Mozambique Focal Point reported that they were following up the matter and would provide feedback as soon as possible.
 
NTB-000-676 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: On 17th September 2015, Mauritius Focal Point explained that the rules of origin for Textiles and Clothing under the SADC Trade Protocol refer to the two stage transformation process, which implies that fabrics and yarn for garment manufacturing should be produced within the SADC region to qualify for preferential treatment.

It is to be noted that cutting and printing are not processes that qualify for the double stage transformation.

The SADC rule of double-stage transformation for Textiles and Clothing is indeed very stringent and a more flexible rule is being sought in the SADC trade negotiations. It is to be noted though that the COMESA rules are more flexible as single transformation qualify the product as originating.
 
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-000-663 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: On 20th August 2015, Mozambique focal point provided the following feed back and explanation:
An internal a survey was conducted, in which it was adduced that traffic agents in service at Maputo corridor, seize documents of offenders not domiciled in Mozambique.
This is in compliance with the requirements established in paragraph 3 of Article 122, of the Auto Transport Regulation, which states that driving license, logbook and the title of property owned vehicle registration could be seized until payment or deposit, is made by the offender not resident in Mozambique who cannot pay the fine or deposit at the time of verification of the contravention.
We inform also that the attitude of the traffic police agents in that corridor is not meant to persecute foreign drivers, as it is advocated in complaint, but rather it is part of the fulfillment of prescribed by law.
It should be clarified also that the results of the survey may not be accurate because denunciators omitted the personal data of vehicles enrollment, fact date occurrence and the proper identification of acting agents.
With regards to the accusation related with the fact that traffic police agents try to “make useless “driving licenses of Zimbabwean citizens, this is again another accusation not supported by evidence and no elements such as the identification of concerned drivers, the plates of their vehicle registration, and the police agents offenders identification number are provided.

With regards to the use of the Portuguese language as a barrier of communication, this might be true. So, in order to address this issue, we recommend that all those interested in doing business with Mozambique do enable their agents in the use of Portuguese language or other Mozambican languages or use a translator in order to be able to communicate properly. We believe that this is also what happens to Mozambicans when traveling abroad.

For future cases, we request the complainants provide us the identity of the victims, plates of their vehicle registration, and the police agent’s offender’s identification number in order to facilitate the investigation.
 
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.
 
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-000-653 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.
 
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