Active complaints

Showing items 21 to 40 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
SADC
Reporting country or region
COMESA
EAC
SADC
Status
Actions
NTB-000-766 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Food and Drugs Authority Kenya In process View
Complaint: Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products.  
NTB-000-765 2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Tanzania does not recognize price adjustments for duty purposes particularly the reduction by milk processors in Kenya.  
NTB-000-764 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Bureau of Standards Kenya In process View
Complaint:
Tanzania does not recognize quality marks issued by Kenya authorities despite the fact that Partner States are implementing harmonized regional standards. Tanzania expects all products imported into that country to meet Tanzania standards.
 
NTB-000-763 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda.  
NTB-000-762 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania  
NTB-000-761 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Uganda  
NTB-000-760 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not.  
NTB-000-758 6.5. Variable levies
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Tanzania Revenue Authority imposes a Weights and measures levy at 2% of the customs value for every export. The levy is not being picked on the customs entries as is the norm but on a different collection sheet raising questions on authenticity of the levy.  
NTB-000-757 2.8. Lengthy and costly customs clearance procedures 2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Long lead time to confirm paid taxes; for exports into Tanzania once entries have been lodged and taxes paid, it takes 1 week for Tanzania Revenue Authority to confirm that taxes have been paid. The process of confirmation is supposed to take 1 day.  
NTB-000-756 8.7. Costly Road user charges /fees 2017-05-05 Kenya: Kaijado County Burundi In process View
Complaint: Namanga/Kajiado County charges 2,000 Ksh for all Burundi cargo trucks transiting Kenya  
NTB-000-754 7.3. Corruption 2017-07-01 Mozambique: Police checkpoint in Dondo Mozambique In process View
Complaint: A week or so ago one of the drivers got stopped at Dondo Check Point in Mozambique.
They told the driver that his International Driving Permit (AA) was fake.
We ended up having to pay a fine of 50,000 mts equating to $833.00. With administration charges we have paid out $1,026.00 (fine attached)
The AA have verified our Driving permit is actually not fake.
Attached the report from our agent in Beira of Beloma Mr. Dirk Dieltiens.
Attached his report and correspondence.
Attached the old and new Permit from AA and the letter confirming documentation is in good order.

 
Progress: The Mozambique Focal Point reported that consultations had been initiated with the focal point in the Ministry of Industry and Trade, who will get in touch with the police to clarify this issue, as soon as possible  
Products: 98 - 99: Service  
NTB-000-751 8.7. Costly Road user charges /fees 2017-05-01 SADC SADC New View
Complaint: Transporters have noted the many benefits of using Botswana as a transit instead of Zimbabwe. It is a well known fact that Zimbabwe borders are slow and congested, there are many tolls we pay (for no service), numerous road blocks (harrassment of drivers and lack of adherence to SADC appreciation of the Soveriegnty of Foreign COF's), high fuel costs and failing road infrastructure. The completion of the Kazungulu Bridge is a much anticipated event that will give transporters access to an efficient and cost effective transit to Zambia.

On the 11th November 2016, Zambia issued SI 85 of 2016, The Tolls Act in which the Second Schedule Section A and B outlines Entry Tolls for COMESA/SADC and other Countries. Botswana was not included under SADC and awarded tolls higher than other SADC States. On the 1st May 2017, Botswana retaliated by issuing an Amendment of the Road Traffic and Road Transport (Permits) regulations, 2017. Under this Amendment, tolls were increased and in turn, Zambian Transporters handed a hefty penalty. The result is that as a Zambian Transporter our Transit Fees through Botswana increased by 70%.

This makes the Botswana route unattractive and given the congestion at Kazungulu, we have had to run through Zimbabwe again. We are delayed here by congestion, delays in ZIMRA electronic sealing processes and run the gauntlet as described above.

Surely the whole idea of building the Kazungula Bridge is to improve the flow of traffic through Botswana and create economic advantage? With the increase in the tolls in a tit for tat manner, building the bridge is a waste of time.

Could the member States please meet and look at treating each other in the spirit encouraged by SADC.
 
NTB-000-750 8.8. Issues related to transit 2017-03-01 Zambia: On the road Zambia New View
Complaint: There are approximately 600 hundreds trucks ferrying "mukula" logs legally from DRCongo. The loads had genuine documents from Congo and the trucks were checked at kasumbalesa border upon entry to Zambian soil.
We understand that Zambia banned mukula harvesting within its territories but the activity is not banned in Congo. it is unfortunate that the trucks from Tanzania underwent the legal custom check at the border only to be impounded through an impromptu statutory instrument. The drivers and their drivers have been living under deplorable condition with their employing companies not only going through loss by way of their trucks staying idle but also through regular upkeep of their employees.

It also unfortunate that after impounding the said trucks, the relevant authorities in Zambian kept quiet. No meaningful willingness to resolve the issue has been portrayed by the relevant authorities in question. Going by SADC protocol on transit/transportation protocol there is evidence of breach/contravention of the same.

We wish to see a quick resolution of the matter to mitigate the pangs of the losses companies are making and hence the respective governments from which the same operates under.

We do need each other and we'll always need each other owing the same to globalization.
 
Progress: On 19th September 2017, SADC Secretariat reported that the delegation of Zambia informed the joint meeting of the SADC Sub-Committees on Trade Facilitation and on Customs Cooperation held on 19-20 September 2017 that the concerned Member States had met at a bilateral level and that an update would be provided.

Focal Points for DRC, Tanzania and Zambia were requested to provide an update
 
NTB-000-748 2.10. Inadequate or unreasonable customs procedures and charges 2017-05-03 Zambia: Chirundu Zambia In process View
Complaint: There is congestion at Chirundu border as a result of the attached notice which was issued by Zambia Revenue Authority The notice advised Zambian Agents that starting 1 May 2017 no truck shall enter the Zambian scanner without the Zambian bill of entry (stamped or not stamped). Fast lane trucks must not exit the border without having the entry registered.

Below is a report from our team on the ground-

Challenges we have noticed today 09 May 2017 are that,
• It has led to chaos on the Zambian side where some trucks have arrived not registered and have clogged trucks on the queue to the scanner. Some trucks are forced to park until these trucks have been registered because there is nowhere they can move to.
• ZIMRA is not aware and were not prepared for this, although I met the bonds office and had a conversation about this before 1 May they were waiting for an official document from their colleagues which never came until yesterday when ZRA informed ZIMRA that this is the development on the Zambian side.
• Zambian importers/agents who have outstanding issues with customs or waiting for clearance instructions (agent & importer) have affected trucks which arrives while these issues are still pending, therefore trucks for these importers/agents will not be cleared and will block other trucks which were precleared leading to delays.
• Some transporters not preclearing the loads hence leading to chaos at the scanner.
• No parking space before trucks reach the scanner, only 20 trucks are accommodated there thereby leading to a queue/congestion on the Zimbabwean side.
• Transit trucks getting late while on the queue leading to late acquittal issues.

I checked on the queue (Zim side) and noticed that,
• There are 67 trucks queuing from the ZIMRA gate to Shashe area
• The queue is 1.7km long
• At the Zambian scanner trucks which are there are less than 25.
• 95% of trucks on the queue are high risk (those that pass through the scanner).
 
Progress: During the SADC Sub Committee Meeting on Trade facilitation held on 17-18 May 2017, Zambia reported that all trucks carrying correct documentation had been cleared. Zambia Focal Point undertook to provide further updates regarding to remaining trucks at the border.  
NTB-000-747 8.8. Issues related to transit 2017-05-03 Zambia: Several Locations in Zambia South Africa In process View
Complaint: There are plus minus 540 trucks loaded with Mukula Wood which were loaded in the DRC, impounded by the Zambian Government in Zambia.

There is another plus minus 600 trucks still on the DRC side which have been refused entry through Zambia. These 540 trucks impounded in Zambia have been there for approximately 60 to 70 days in all different areas of the country, in the middle of the bush without any water, sanitation or access to supplies.

There has already been incidence of drivers having to leave their trucks in critical condition with malaria and other drivers with diabetes that have run out of medication, as well as a driver who suffered a stroke this morning at Kafue.

The goods were loaded in Lubambashi and other areas in the DRC and the wood is in transit through Zambia to various Ports in Namibia, South Africa, Tanzania and Mozambique.

No Seizure Notices of any sort have been given to the drivers, they trucks were impounded by the Zambian National Services and according to them it comes from the top and their hands are tied.

Last week Friday 28 April, a contingent of around 28 transporters and exporters from the DRC met with the Zambian Director of Lands to try and resolve this matter and after discussion, he informed us that there were two teams travelling around the country to verify the cargoes and endeavour to get them released.

After this meeting we met with the Permanent Secretary’s Office in Lusaka and demanded a meeting. Whereafter, we had a consultation lasting approximately 1.5 hours. The Secretary assured us that two teams had been appointed to the task of travelling around Zambia with the aim of releasing the impounded vehicles.

We brought to his attention the inhumane conditions in which these drivers have been detained and although he empathized he didn’t seem overly concerned about their plight.

On the same day, Friday a team had to be rushed to Nkonde Border between Zambia and Tanzania where there were about 110 trucks stuck on the Zambian side as Tanzania had temporarily closed the border due to the discontent on the drivers. The Secretary told us these trucks would be released the same day but until now, nothing has happened and the trucks are still there.

The 180 trucks stuck at the Kasumbalesa Border between DRC and Zambia on the Zambian side which were inspected and verified on Sunday are still stuck there and no one has been released and ZNS are not telling the drivers why they have not been released.

We estimate that there is in the region of 80-90 South Africa trucks being detained and the rest comprise of Zambian, Tanzanian, Botswana and Namibia trucks.

As you can imagine this has caused chaos with the Transporters as the banks are not getting paid and people are losing their businesses because of the dire situation. We need urgent intervention to prevent any further destruction of our businesses and the welfare of our drivers.

We have this minute been informed by drivers on the Zambian/Tanzania Border on the Zambian Side, that plus minus 250 trucks have been locked and surrounded by the Zambian Army and the drivers told to go home until further notice.

NOT ONE TRUCK HAS BEEN ALLOWED TO LEAVE.
 
Progress: On 8th June Namibia Focal Point prpvided the following update and plea for Zambia to release the trucks:
The Namibia Chamber of Commerce and Industry (NCCI) has been intervening in this issue since it was brought to their attention by their members affected by this development.

During February 2017, a number of Namibian trucks contracted by various customers to transport timber from the Democratic Republic of Congo (DRC) were intersected and impounded by the Zambian authorities once they entered the Zambian territory. The goods on those trucks were NOT harvested in Zambia but by businesses operating in the DRC with valid permits from the Government of the DRC to do so. The Namibian truckers were simply transporting goods from the suppliers to the clients and were never involved in the harvesting of the timber. Namibia understand that the Mukula timber which caused the impounding, is prohibited to be harvested in Zambia but not in the DRC.

Namibia trucks carried timber from the DRC with valid documentations which were inspected by Zambian customs officials and found to be valid and authentic. The Zambian authorities even sealed the cargo at the Kasumbalesa border post between DRC and Zambia which under normal circumstances would be inspected again at the Sesheke-Katima Mulilo border post. Despite the valid and authentic documents which Namibia drivers had and despite the Zambian authorities having satisfied themselves at the boarders that the trucks were carrying goods legally, the same Zambian authorities still impounded trucks.

While the harvesting of makula timber is not permitted in Zambia, the Zambian law never disallowed such timber to be transported on Zambian roads until April 2017 when they reportedly passed a law preventing the transportation of mukula timber on Zambian roads. This law was enacted and implemented retrospectively which is neither normal nor legal. The NCCI has engaged the Zambian and Namibian authorities on several occasions to resolve this dispute diplomatically and amicably but these efforts did not yield any results.

Namibia trucks remain impounded illegally by the Zambian Government. As a result of the impounding, Namibian drivers have been living in deplorable and inhumane conditions in Zambia for the past five months, far away from their families. NCCI members (the trucking companies) lost a lot of money totalling close to N$ 100 million (a hundred million Namibian Dollars). Their trucks have been standing in Zambia without generating income and some of our members are at risk of losing their businesses altogether. It is important to understand that the Walvis Bay – Ndola – Lubumbashi corridor was developed to promote trade within the region and with the outside world. A lot of efforts were made to promote this transport corridor.

On the 5th of March 2010, the Governments of DRC, Namibia and Zambia signed an agreement which established the Walvis Bay – Ndola – Lubumbashi Development Corridor and since then, we have seen a significant growth in the movements of goods along that corridor. Unfortunately, there were also more goods destined for Zambia and DRC from the Port of Walvis Bay in comparison with goods from Zambia and DRC to Namibia or to the outside world via the Port of Walvis Bay. One of the products identified to be transported as a return load from the DRC to the Port of Walvis Bay was timber and the main market destination was China.

A number of trucks from various countries, primarily Namibia, Zambia, DRC, Tanzania and South Africa started taking timber from the DRC as a return load. It is unfortunate and regrettable that the Zambian authorities decided to impound trucks for such a long time instead of impounding the products which they were trying to protect. The impounding of our trucks has harmed our economy severely, at the time when our economy is already not doing well. There is clear evidence of the impact of the impounding of our trucks on the transport and logistics sector in Namibia. There is currently a lot of cargo that cannot be transported out of the Port of Walvis Bay due to lack of trucks because so many of them are kept standing in Zambia. The timber crisis that we are now experiencing could have been avoided if there was effective communication amongst SADC member states and especially the signatory to the Walvis Bay – Ndola – Lubumbashi Development Corridor Agreement. The Zambian Government implemented laws affecting the operations on the corridor without consulting other member states as required by the agreement they signed in Livingstone in March 2010.


In fact, the Zambian Government has violated that very same agreement. As a representative body for businesses in Namibia, the Namibia Chamber of Commerce and Industry demanded for an immediate release of our trucks unconditionally. We further urge the Zambian and all other Governments which are party to the Walvis Bay – Ndola – Lubumbashi Development Corridor agreement to adhere to this agreement strictly in order to ensure that the corridor plays its rightful role in the development of trade within SADC.
 
NTB-000-746 2.3. Issues related to the rules of origin 2017-03-17 Kenya: Mombasa sea port COMESA New View
Complaint: Customs in Kenya are not accepting the COMESA certificate of origin which has been issued by the Competent Authority in Mauritius based on the "value addition" rule. While all criteria and conditions have been met to comply with the "value addition" rule, officials from the Kenyan Revenue Authority have blocked the consignments of refined sugar which were duly accompanied by a COMESA certificate of origin.  
Progress: On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access.
 
Products: 1701.99: Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar containing added flavouring or colouring and raw sugar)  
NTB-000-745 6.1. Prior import deposits and subsidies 2017-01-19 Zambia: Kazungula Ferry South Africa In process 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.
 
Progress: During the 15th meeting of the SADC Sub Committee on Trade facilitation held in may 2017, Zambia reported that consultations will be undertaken with relevant authorities and report back.  
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 In process 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  
Progress: This matter was brought to the attention of the Uganda Focal Points along the margins of the 23rd EAC NTBs forum on 6 May 2017 . Uganda private sector Focal Point reported that consultations had been initiated with the Ministry of Trade , Industry and cooperatives to try and resolve the matter amicably. They will provide feedback in due course .  
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 In process 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.
 
Progress: During the 15th meeting of the SADC sub committee on Trade facilitation held in may 2017, Angola reported that there is need to safe guard public health through use of the import requirements. However, the procedures must be simplified. Angola is in therefore in the process of revising her commercial procedures to facilitate trade. She queried the 45 days indicated in the complaint as there are only 9 documents required for importing so this cannot take 45 days. Angola to review and advise. 2. With regards freeze on issuance of import licences, Angola explained that this to curb imports as it was experiencing an influx therefore necessitating temporary freeze of imports permits to allow processing of earlier submissions. Lack of information to importers on the freeze could be as a result of lack of knowledge and transparency by officials at the border . There is need for regular notification of all changes to requirements.  
NTB-000-737 7.4. Costly procedures 2017-03-01 South Africa In process 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.
 
Progress: During the 15th meeting of the SADC Sub Committee on Trade facilitation, Zambia reported that the new border had been constructed under a PPP agreement between KBP and Zambian Government and therefore the charges could be part of the contractual conditions governing such contracts. Zambia will undertake further consultations on the issue and report back.  
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