Active complaints

Showing items 21 to 40 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-000-712 2.6. Additional taxes and other charges 2016-06-30 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: A Kenyan Exhibitor for the 40th Dar es Salaam International Tradefair charged duties on goods by TFDA and TRA.  
Progress: At the 21st EAC Regional NTBs Forum, Tanzania reported that they would 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-000-708 8.6. Vehicle standards
Policy/Regulatory
2016-04-30 Kenya: Mombasa sea port Uganda In process View
Complaint: Charging of a Ks. 30,000 fines for criminal offence (TR361/16) for lorries imported by Uganda from German without Mud Guards.  
Progress: Kenya reported that this is a legal requirement which is not discriminatory. The legal instrument was circulated during the 20th NTBs Forum.

Kenya to issue a formal notice on the regulation requiring port exit with mud flaps fitted.
 
NTB-000-707 2.3. Issues related to the rules of origin
Policy/Regulatory
2016-05-04 Rwanda: Rwanda Revenue Authority Tanzania In process View
Complaint: Rwanda does not give preferential treatment for rice originating from Tanzania as per the requirement of the EAC Rules of origin  
Progress: Rwanda reported that this issue was under consideration bilaterally between Rwanda and URT.  
NTB-000-706 8.1. Government Policy and regulations
Policy/Regulatory
2016-05-18 Uganda: Uganda Police Burundi In process View
Complaint: Uganda recognizes the COMESA yellow card insurance but it is not honoured once there is an accident.  
Progress: Uganda reported that she recognizes COMESA Yellow Card insurance. However the policy requires that all trucks involved in criminal accidents should be held to allow investigation.
Uganda requested for time to undertake further consultations with the relevant authority and report by the end of July 2016. The Secretariat to establish the elements covered under the COMESA Yellow Card Insurance and report back to the next meeting.
 
NTB-000-705 8.7. Costly Road user charges /fees
Policy/Regulatory
2016-04-23 Rwanda: Rwanda Revenue Authority Burundi In process View
Complaint: Rwanda makes trucks to pay double the certificate of Transit Goods. That is US$400 instead of US$ 200 per truck and trailer separately  
Progress: Rwanda reported that consultations with Customs revealed that Rwanda was implementing the revised EAC Regulations on Customs Management Act, 2010
The Act stipulates that a pulling trailer is considered separate from the truck.
The Secretariat will seek for clarification on this NTB from the Custom Department at the Secretariat and report back in the next Forum
 
NTB-000-704 1.14. Lack of coordination between government institutions 2016-04-22 Uganda: Ministries responsible for Trade in Rwanda, Tanzania and Uganda Kenya In process View
Complaint: Inadequate or no information on the change of export and import procedures  
Progress: Partner States requested for additional information stipulating the regulation to consult the relevant authorities.
Uganda noted that the NTB was vague and requested for clarity.
URT requested that this NTB be clarified to enable internal consultations.
 
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-000-691 2.4. Import licensing 2015-12-11 Malawi: Mwami Zambia In process View
Complaint: The Government of the Republic of Malawi has enacted the Control of Goods (Import and Export) (Commerce) (Amendment) Order 2015, a Statutory Instrument placing import restrictions for cement and other products. The effect of this enactment is that cross border traders now require Import License to import the good that are subject to this Statutory Instrument into the Republic of Malawi. Specific reference is made to the strict conditions and instructions for the acquisition of the license being referred to. Products affected include cement, refined cooking oil, laundry soaps, liquor in sachets and fresh milk.

Trucks from the exporter are being denied entry into Malawi and this has resulted in a considerable amount of economic loss for the exporter.
 
Products: 25: Salt; sulphur; earths and stone; plastering materials, lime and cement and 34: CHAPTER 34 - SOAP, ORGANIC SURFACE-ACTIVE AGENTS, WASHING PREPARATIONS, LUBRICATING PREPARATIONS, ARTIFICIAL WAXES, PREPARED WAXES, POLISHING OR SCOURING PREPARATIONS, CANDLES AND SIMILAR ARTICLES, MODELLING PASTES, ‘DENTAL WAXES’ AND DENTAL PREPARATIONS  
NTB-000-690 2.4. Import licensing 2015-12-11 Malawi: Mwami Zambia In process View
Complaint: The Republic of Malawi has amended the Control of Goods Act CAP 18:08 to make the order which can be cited as the Control of Goods (Import and Export) (Commerce) Order, 2015 a Statutory Instrument placing import restrictions on products which include cement, refined cooking oil, laundry soaps among other things. The effect of the enactment is that cross border traders now require an Import License to import the goods that are subject to this Statutory Instrument into the Republic of Malawi. This development has had adverse effects on the company that is in the business of exporting and importing various products to and from Malawi. Currently, trucks carrying cement are being denied entry into Malawi and this has resulted in considerable amount of economic loss for the company.  
Products: 25: Salt; sulphur; earths and stone; plastering materials, lime and cement  
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.
 
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