Active complaints

Showing items 21 to 40 of 52
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-000-716 8.7. Costly Road user charges /fees 2016-06-30 Kenya: Mombasa County Burundi In process View
Complaint: Mombasa Country charges transit trucks waiting to load cargo in the parking yard an amount of Ksh 500 per day.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Kenya undertook to make consultations with the County administration 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-000-697 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: During the 15th meeting of SADC Trade facilitation Committee held in May 2017, Malawi reported that Malawi laws do not provide for issuance of such permits.

2. Mozambique reported that this is a measure under decree 2009 - Articlle 26. Mozambiique will undertake further consultations and organise a bilateral meeting under the auspices of the Bilateral Agreement signed between the Revenue Authorities of the two countries .
 
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: 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.  
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-000-662 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-000-657 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.
 
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-000-530 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.  
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