Active complaints

Showing items 81 to 88 of 88
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 (additional)
COMESA
EAC
SADC
Status
Actions
NTB-000-689 8.6. Vehicle standards 2016-03-23 Botswana: All Border posts or entry points into Botswana by road South Africa 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.
 
Progress: This issue was discussed during the Botswana / South Africa Bi-National Commission, which was held in Gaborone in November 2017. As per item 3.2.2.1 bullet point number one (1), the Republic of South Africa was to formerly request for a waiver from Botswana on the matter, while South Africa is still sorting out the system that causes the problem. Botswana is still awaiting correspondence from South Africa to that effect. We kindly advice the South African Focal Point to consult the Department of Transport in South Africa for further clarifications.  
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: 1. 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.
2. On 7 July 2023, Mauritius Focal Point reported that Mauritius proposal is that negotiations would have to be undertaken on the review of the SADC rules of origin in order to have more flexible rules of origin for Textiles and Apparel under the SADC FTA
3. On 19 March 2024, Mauritius Focal Point recommended that more flexible rules of origin for apparel need to be negotiated at the level of SADC. A meeting on the review of the SADC rules of origin should be considered
 
NTB-000-670 8.6. Vehicle standards 2015-05-08 Tanzania: Tunduma South Africa 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.
 
Progress: Awaiting feedback from Focal Points  
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-000-530 8.6. Vehicle standards
Policy/Regulatory
2012-09-10 Zambia: Zambia Bureau of Standards 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. This requirement is affecting the free flow of goods into Zambia.

Zambia is requested to recognise the foreign vehicles national certificates of roadworthiness as it is difficult for Transporters operating tankers into Zambia to alter the design of their tankers at short notice.This is against the objectives of trade facilitation, will create monopolies and increase the cost of transport.
 
Progress: 1. On 25 January 2018, Zambia Focal Point advised that the Zambia Bureau of Standards had taken into account the concerns raised. The standard (ZS 371:2008) is currently under revision to address concerns among other matters.
The matter had also been tabled under SADC in an effort to harmonize the standard in the region

2. 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.
3. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that through SADCSTAN and Tripartite Transit Transport Facilitation Programme had recently agreed on the standard on transportation of dangerous goods which covers fuel tanks that will resolve this matter.
 
NTB-000-479 2.6. Additional taxes and other charges 2011-12-30 Tanzania: Mtwara Mozambique In process View
Complaint: Impose Import Tax from Ministry of Livestock and Fisheries Development in Tanzania on raw seafood coming from Mozambique accompanied by SADC Certificate and all other relevant documents from Mozambican Authorities.  
Progress: 1. On 20th July 2013, SADC secretariat requested Tanzania Focal Point to provide progress report on this issue. Response is being awaited.

2. At the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, Tanzania reported that the matter would be taken to relevant authority.
 
Products: 0306.21: Rock lobster and other sea crawfish "Palinurus spp., Panulirus spp. and Jasus spp.", even smoked, whether in shell or not, live, fresh, chilled, dried, salted or in brine, incl. in shell, cooked by steaming or by boiling in water, 0306.24: Crabs, even smoked, whether in shell or not, live, fresh, chilled, dried, salted or in brine, incl. crabs in shell, cooked by steaming or by boiling in water, 0307.41: Live, fresh or chilled, not smoked, cuttle fish "Sepia officinalis, Rossia macrosoma, Sepiola spp." and squid "Ommastrephes spp., Loligo spp., Nototodarus spp., Sepioteuthis spp.", with or without shell and 0307.51: Octopus "Octopus spp.", live, fresh or chilled  
NTB-000-420 2.3. Issues related to the rules of origin 2011-05-01 Zambia: Nakonde Kenya In process View
Complaint: Since early May 2011, one of our Association member companies(Bidco Oil Refefineries) product's(palm based cooking oil) has been stopped from entering the Zambian market by Zambia Revenue Authority with the reason that the product do not meet 35% value addition criteria as required under COMESA product on the rules of origin. Zambia government Authorities including the officials of the Zambia revenue Authority have visited in the past Bidco oil refeneries and confirmed that palm based cooking oils meets 35% value addition criteria. Kenya Revenue Authority had also in May did a fresh verification mission on the affected product which we understand was sent to ZRA. To date ZRA has not responded to verification report of KRA on the company's product and meanwhile the company continue incurring losses due to lost market share Zambia. Our submission is that Zambia Revenue Authority respond to Kenya Revenue Authority verification report and follow the laid down procedures in the COMESA Protocol on the rules of origin if the Authority is still disputing the fulfillment of 35% value addition in regard to the product. This is happening at the border points. The importer has now stopped importing palm oil cooking oils consignments from Kenya after dealer paid the CET rate of 25% instead of 0% and incurred very heavy loss.  
Progress: 1. On 16 July 2020, Kenya focal point reported that this issue was raised again during the recent 8th COMESA NTBs Focal Points meeting held from 8th - 10th July, 2020, where it was agreed that both Parties to resolve the NTB. Kenya is therefore requesting the Focal Point from Zambia to provide the necessary information on the support documents required to be provided, so that our exports of cooking oil can continue to enjoy market access into Zambia.
2. The TTFSC recommended to 40th meeting of Council of Ministers that the Secretariat compiles a record of Council decisions and all the interventions that have been undertaken to facilitate way forward and fast tracking of resolution of the NTB. The Secretariat will circulate the record by 15 March 2020.
3. During the meeting of NTBs Focal Points held in Nairobi on 19- 21 August 2019, Zambia Focal points reported that, with regard to the audit report by KPMG, had requested for additional support documents which have not been availed by Kenya. Zambia and Kenya bilaterally engaged during the NTBs focal point meeting and Kenya undertook to follow up on the request for additional documentation. Kenya further requested Zambia to provide the correspondence in which additional support documents were sought for.
4. The 2nd meeting of the COMESA Heads of Customs Sub Committee which met from 19-20 June 2015, noted that KPMG report had confirmed that Palm Oil from Kenya met the COMESA RoO and that KRA had written to its counterpart ZRA on 28 February as per recommendations of the extra - ordinary meeting of the COMESA Trade and Customs committee held on 9-11 February 2015. Zambia confirmed receipt of the required information informed the meeting that the issue was under consideration .
5. On 16 January 2015, Kenya Focal point reported that according to KAM consultant on edible oils, the NTB was discussed and an audit was carried out independently on Bidco by KPMG and communicated to the Ministry of Foreign Affairs & International and COMESA Secretariat in 2014. KAM was advised that the audit found that palm oil exported to Zambia by Kenya had 40% value addition.KAM was now waiting for their edible oils KAM consultant to advise whether the exports of these products were receiving preferential tariff treatment in Zambia.
6. As at 26 September 2013, the COMESA secretariat was yet to provide progress report.
7. On 16th July 2013, Kenya Focal point requested Zambia to indicated progress made since their report to the Tripartite NTBs Online Reporting, Monitoring & Eliminating Mechanism meeting and SMS Reporting Tool Launch on 9th and 10th April 2013 in Lusaka Zambia. At this meeting, the Republic of Zambia indicated that the bilateral meeting would be held within a month’s time from the date of this meeting. Kenya proposes that, in view of the delays in bilateral consultations, the COMESA Secretariat facilitates a meeting where they will act as an arbitrator in helping the two partner states resolve the NTBs and enable industry to benefit from the inherent market access for their products.
8.At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool from 9-10 April 2013 in Lusaka, Zambia,Kenya and Zambia requested the COMESA Secretariat to organise a bilateral meeting between the two countries in order to arbitrate between them. COMESA Secretariat was also requested to provide guidance on the proper interpretation of the Rules of Origin for this product.
9.On 1 November 2019, Kenya focal point reported that : As a follow up to the meeting of NTBs Focal Points held in Nairobi on 19- 21 August 2019, where Kenya and Zambia bilaterally engaged, Kenya undertook to follow up on the request for additional documentation. However, to do this, Kenya had requested Zambia to provide the correspondence in which additional support documents were sought for, to finalize on this issue. We are therefore kindly requesting for the same.
10. On 16 July 2020, Kenya Focal Point reported that this issue was raised again during the EAC- COMESA NTB Meeting held from 8th - 10th July, 2020, where it was agreed that both Parties to resolve the NTB. Kenya is therefore requesting the Focal Point from Zambia to provide the necessary information on the support documents required to be provided, so that our exports of cooking oil can continue to enjoy market access into Zambia.
11. On 25 February 2021, Zambia Focal Point reported that the issue is work in progress and the required information documents would be shared soon.
12. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021, it was agreed that Zambia will send a request to Kenya within 30 days to submit cost structure of the inputs used to produce the final product (cooking oil) for determination of origin status under the value addition origin criterion after which a verification mission to Kenya will be organized.
13. On 30 July 2021, Zambia reported that, as previously submitted following the KPMG Malawi Audit report, not all components of value addition could be verified from the report due to the following:
i) Absence of raw material/blend mix to accurately determine actual quantities of raw materials used in the processing of a specific volume of crude oil.
ii) No documentary evidence to verify other operating costs such as water, electricity, spares and consumables and their source.
iii) No documentary evidence to verify labour costs.
In this regard, the value addition criterion as provided for under Rule 2 (1) (b) (ii) of the COMESA Rules of Origin could not be independently determined due to the absence of vital information.The outstanding information should therefore be availed in order to accurately determine the value addition of the oil produced by BIDCO.
14. During the 2nd meeting of the COMESA NTBs Forum, Zambia F reported that the 9th session of Kenya – Zambia Joint Permanent Commission for Co-operation (JPCC) resolved that Zambia should write to Kenya to request for an appropriate date for another verification visit to resolve the outstanding matter. A letter was done to make the request for another verification visit.
15. During the Kenya National Workshop on development of a National Strategy on Elimination of NTBs held from 5-7 July 2023 it was agreed that the Secretariat to share with Kenya the request from Zambia for additional information which will be relevant as proof for satisfying the value addition origin criterion under the COMESA Rules of Origin. Please find attached the communication from Zambia. Further, the National Focal Point from Zambia, also requested for the additional information using this online system on 30 July 2021.
16. The Kenya and Zambia Focal Points submitted progress reports to the 3rd meeting of the NTB Forum held on 20- 22 September 2023 which it was agreed that both countries undertake verification missions between 27th and 30th November 2023. The Secretariat would provide support to Member States to undertake the activity.
 
Products: 1511.10: Crude palm oil  
NTB-000-324 7.9. Inadequate trade related infrastructure 2009-09-09 SADC Seychelles In process View
Complaint: Some businesses complained that SADC ports are unable to handle containers that exceed 6 metres (20 ft), which limits exporters in implementing the most cost-effective way of transporting their products  
Progress: 1. During the 15th meeting of the SADC Sub - Committee on Trade Facilitation held in May 2017, the Secretariat reported that the Issue had been referred to Directorate of Infrastructure & S for consideration because it is outside the scope of trade.
2. The SADC meeting of NTB-Market Access Task Force held 18-20 March 2020 at SADC HQ Offices, Gaborone observed that the SADC Secretariat has no Senior Programme Officer for Transport nor a Ports Programme Officer to work with the SADC coastal countries to ensure they have facilities to handle 12 foot containers at their ports.
 
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