Active complaints

Showing items 41 to 60 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-000-735 8.8. Issues related to transit 2017-02-28 Comoros: Moroni sea Port Comoros New View
Complaint:  
Progress: On 5th May 2017, Comoros Focal Point reported that there is need for more information about the NTB for them to process it .  
NTB-000-734 2.6. Additional taxes and other charges 2017-01-09 Malawi: Muchinji Zambia In process View
Complaint: Whenever we have to be attended to by border officers on the Malawian side during the weekend, we are charged a fee which they term 'over-time', amounting to K1,000 Malawian Kwacha, which charge is not levied on the Zambian side.  
Progress: On 13th June 2017, Zambia Focal Point reported that they had made efforts to contact the complainant but did not get any response from them regarding the border agency charging the overtime fee. Zambia therefore suggests that Malawi authorities do a check to find out if any agency is charging those fees so that a decision can be made on this issue.  
NTB-000-732 5.15. Other 2017-01-01 Zambia: Zambia SADC New View
Complaint: Carbon Tax Increase over 37% for commercial vehicles  
NTB-000-731 6.6. Border taxes 2017-01-01 Zambia: All Zambian Border Posts SADC New View
Complaint: Introduction of fees on all motor vehicles exiting and entering Zambia

This measure will effectively increase transportation costs for both businesses and individuals.

As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.

The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.

Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.

Effective date

All of the above measures will take effect from 1 January 2017.
 
NTB-000-729 6.6. Border taxes 2017-01-01 Zambia: All Zambian Border Posts SADC New View
Complaint: Introduction of fees on all motor vehicles exiting and entering Zambia

This measure will effectively increase transportation costs for both businesses and individuals.

As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.

The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.

Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.

Effective date

All of the above measures will take effect from 1 January 2017.
 
NTB-000-728 2.6. Additional taxes and other charges 2016-11-01 Zambia: Kazungula Ferry Botswana In process View
Complaint: Importers of beans, ground nuts and sweet potatoes from Zambia into Botswana have complained that they have of late, been charged amount in excess on BWP 1 000 by some Zambian border authority for which receipts are never issued. A number of those complaints have revealed that no receipts were issued to denote what the BWP 1 000 was being paid for. No explanation was also given. These importers have, while in Zambia paid all the charges relating to phytosanitary and other charges for their goods-receipts for such are duly produced.

The additional charge is suspected to be charged without any legal basis from Zambia Government. This additional charge is placing a burden on small traders whose livelihood depends on selling the products in Botswana.
 
Progress: During the 15th meeting of the SADC Sub Committee on Trade facilitation held in may 2017,Zambia reported that in their meeting, it was agreed that these charges were illegal and therefore not to be charged. Zambia has initiated sensitization to discourage such practices. The officials charges are Pula 80 that importers and exporters are required to pay. Botswana reported that their importers were still facing that NTB. The Meeting recommended that Zambia issues official notice at the Borders so that importers know that they are not required to pay that. Zambia to put public Notice and provide written communication at borders . The Secretariat reported that SCCC agreed that Member States should consider putting in place security measures to help identify culprits .  
Products: 1202.41: Groundnuts, in shell (excl. seed for sowing, roasted or otherwise cooked)  
NTB-000-725 2.6. Additional taxes and other charges 2016-11-01 Angola: Port of Luanda South Africa In process View
Complaint: Angola has Cumbersome and costly documentation and export/import requirements. The following is list of documentation required for a single consignment : i) 2x1 Original Bill of Landing; (ii)Original stamped and signed Commercial invoice; (iii) Original stamped and signed packing list; (iv) Analysis certificates if so required by consignee; (v) Loading Certificate (known as ARC or CNCA) PIP number prior to loading (required to do the pre-inspection) - not compulsory ; (vi) Voluntary pre-shipping control of merchandise (to be done at place of origin by inspector that issued the PIP number) Certificate of Origin( if so required by consignee) transport documents, full load container have to be sealed; (vii) letter from consignee nominating Orey as his forwarder agent; (viii) letter of responsibility from consignee to the carrier accepting full responsibility for demurrages and eventual container damages; (ix) copy of tax payer card of consignee; (x) Ministry of Commerce to issue license upon presentation of the commercial invoice; (xi) Ministry of Commerce to provide DU number, each invoice has different DU number.
The expected time frame is 72 hours (3 days) to get a DU number. CNCA certificate can only be issued upon presentation of the DU number for each specific shipment. Cost to produce DU number is 10 USD per invoice + Process DU (MINCO) FOB value 0.2%.

Costs
There is Fixed delivery and clearance rates in Luanda. Transport costs of 25% as from 15/1/2016, plus other additional chargers. Lab analysis costs 3000 USD per invoice. Analysis are mandatory to any imported edible goods, from water to beverages.

Delivery costs to Luanda per 20" + - 800 USD + 250 USD per night time delivery within city limits. overtime applies all the time due to restriction on delivery during the day due to traffic. Exporters are forced to pay incentives costs to EHO by OREY for DDP shipments. 20" => 150 USD if customs clearance handled by Orey, 40" => 170 USD if customs clearance handled by Orey.

Other fees charged are:
Shipment tracking & dispatch, BL Validation 160 per unit, Container deposit 1000 per unit
Delivery order 25 USD per unit. Port Tax 93.00 per unit, Wharfage 280.00 USD per unit, Tracking fee 100 USD per unit, Clearance transport and petties 350 USD per unit, delivery between Luanda /Soyo 3500.00 USD, return empty 400 USD per unit, transport between Luanda and Cabinda 11000.00 USD per unit, co-ordination 2.5% minimum USD 50.00. Consumption Tax of 5% service costs rendered in Angola. Taxes in all alcohol beverages is high 30% Cocktail 50% Ciders 51%

We believe this costs makes it difficult for investors to do business in Angola, most of them amount to tariff and non-tariff barriers we would like Regulators to review them.
 
Progress: During the 15th meeting of the SADC Sub Committee on Trade facilitation held in may 2017, the Secretariat requested Angola to submit names of its Focal points to enable processing of reported NTBs. Angola reported that : (i) based on their research, the documents are necessary and that these are part of universal documents required for import permit. (ii) South AFrica was also imposing more cumbersome procedures than Angola as evidenced by the fact that the documents she require are the same as those required by Angola therefore this does not constitute NTB.; (iii) the Ministry of Trade is the focal point and there is a national secretariat for SADC through which all SADC Affairs are channeled ; (iv) . Angola was working on establishing the Trade facilitation committee after which focal points will be appointed; (v) she was in the process of revising its commercial legislation that considers trimming the number of import/export documentation; (vi) The ministry would undertake consultations with Ministry of Transport to simply the procedures . 3. In response, South Africa reported that consultations will be made to find out the reasons for the complaint. South Reported that she does not require numerous documentation.  
NTB-000-723 7.4. Costly procedures 2016-09-06 Zambia: All ports of entry South Africa In process View
Complaint: Drivers are experiencing long delays in processing of the maize export permits in Zambia. It takes more than 90 days for permits to be processed by the authorities causing drivers to exceed their 90 day limit in Zambia.Once drivers reach this limit, they are required to buy work permits at a very high cost of $225. This impacts heavily on already small margins.  
Progress: 1. On 19th September 2017, Zambia reported that processing of permits now takes between 1 day and maximum 48 hours therefore this is no longer a NTB. South Africa are requested to expedite consultations to allow closure of this NTB.



During the 15th meeting of the SADC Sub Committee of Trade facilitation, held in may 2017, Zambia reported that the ban on export of maize had been lifted on 15th May through a Ministerial Statement. She explained that the restriction was imposed during shortage of maize which has now been lifted. South Africa requested time to confirm with the complainant before the NTB could be considered resolved. The meeting requested Zambia to provide the Ministerial Statement lifting the ban. Further , Zambia should send a letter to the Secretariat on the lifting of the ban for circulation to Member states .
 
NTB-000-721 5.5. Import licensing requirements
Policy/Regulatory
2016-06-17 Zimbabwe: Ministry of Industry & Commerce Zambia In process View
Complaint: Zimbabwe introduced surcharges on certain products in violation of the letter and spirit of the COMESA Free Trade Area. Zimbabwe introduced Statutory Instrument 64 of 2016 , controlling the volumes of imports of products exported by Zambia to Zimbabwe Statutory Instrument (SI 64 of 2016),requires that import licenses be obtained from the Ministry of Industry and Commerce before importation of a wide range of products. The instrument is in force and is being implemented  
Progress: 1. On 30 October 2017, Zimbabwe Focal Point reported that Statutory Instrument 64 of 2016 has been consolidated with other Statutory Instruments through SI 122 of 2017 which was gazetted on 22 September 2017. The consolidated SI removed the requirement for import and export licences on some products.
2. On 15th June 2017, Zimbabwe Focal Point reported that SI 64 of 2016 is being reviewed with the aim of removing some products from import licencing.

3. At the 5th Meeting of the COMESA NTB Focal Points held in Nairobi form 23-25 August 2016, Zambia confirmed that the NTB was still pending resolution by Zimbabwe. In response , Zimbabwe reported that Permanent Secretaries of Zimbabwe and Zambia met and agreed that Zimbabwe should communicate all the measures that had been taken and any future measures well on time for the information of trading partners . The parties agreed to meet regularly to share information and discuss mutually beneficial matters of interest to the two countries . Zimbabwe undertook to notify COMESA about the Statutory Instrument 64 by 31 October 2016.
 
NTB-000-720 2.3. Issues related to the rules of origin
Policy/Regulatory
2016-06-07 Sudan: Sudan Customs Authority Egypt In process View
Complaint: Sudan Customs authority has stopped applying the customs exemption on Egyptian Ceramic tiles products despite the fact that the consignments are accompanied by a COMESA certificate of origin .  
Progress: During the 5th meeting of the COMESA NTBs Focal Points held in Nairobi from 23-25 August 2016 Sudan reported that it had established a committee comprising the relevant stakeholders to analyse the problem and inform the Minister within 30days. The matter will be presented to the next bilateral meeting between Egypt and Sudan scheduled in Cairo in October 2016. Further , COMESA Secretariat reported that communication had been sent to Sudan on this issue and Sudan undertook to respond to the communication from COMESA Secretariat once it is received.  
NTB-000-718 8.8. Issues related to transit 2016-08-02 Mozambique: Beira Port Zambia In process View
Complaint: With reference to Resolved NTB-000-606, the matter is anything but resolved. We continue to experience attacks on our vehicles when using the Munhava Port Access. We have contacted numerous Security Companies in Beira to provide security for the vehicles, all have refused quoting the security situation. We have also been advised by other transporters that placing guards on the vehicles will only draw further action against the vehicles in an act of defiance/retribution. The Police do seem to be prepared to escort the vehicles, but we have no contacts nor tariffs charged. In the past week we have recorded 3 violent incidents.  
Progress: During the 15th meeting of the SADC Sub Committee on Trade facilitation, Mozambique reported that they noted the misbehavior by certain truck drivers sometimes they divert the trucks to inappropriate cites and are reported . Zambia has never reported those wrong doers and perpetrators. Mozambique requested Zambia to clarify the specific experiences. Zambia to provide feedback.  
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-000-709 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: 1. During 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 , Tanzania reported that she was still consulting to get evidence.

2. 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-000-697 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 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.  
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.
 
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