Active complaints

Showing items 61 to 71 of 71
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
Check allUncheck all
Date of incident Location
Reporting country or region
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: 1. On 25th January 2018, Zambia Focal Point reported that the deposit was a temporal measure pending origin inquiry. The inquiry has reached advanced stage and will soon be concluded and stakeholders will be fully advised on the way forward. This is consistent with the provisions of the protocol on trade which allow for collection of such deposits where necessary, while origin verification is underway.

2. 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-000-033 5.10. Prohibitions 2008-12-22 Uganda: Ministry of Rourism, Trade and Industry Kenya In process View
Complaint: Ban on Imports

Kenya has complained that Uganda had placed a ban on beef imports
Progress: 1. 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 Dedicated Session recommended that the NTB be finalised during the Ministerial Meeting in November, 2017 in Arusha.

2. A bilateral meeting was held between Kenya and Uganda between 29th– 30th October, 2015 and among others deliberated on this NTB and agreed that the issue be eventually resolved pending submission of documents on amended laws on fulfillment of conditions for control of bovine and other import diseases into Kenya, by Kenyan authorities to the Ugandan High Commission in Kenya for onward transmission to Uganda government "

3. On 11th September 2014, COMESA Secretariat reported that COMESA had engaged Uganda on this issue but the status still remained the same. Earlier in April 2014, COMESA Secretariat had also suggested that this NTB be addressed within the EAC arrangement. EAC focal points are therefore expected to take this issue up at the next NTBs Ministerial Forum.
4. The NTBs Ministerial Forum urged the Republic of Kenya to review the legal notice No. 69 to address the issues of the BSE disease by December 30th, 2012.
Products: 0202.30: Frozen, boneless meat of bovine animals  
NTB-000-653 3. Technical barriers to trade (TBT)
B15: Registration requirement for importers for TBT reasons
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.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 Dedicated Session recommended that the United Republic of Tanzania expedites the Ratification of the SPS Protocol and that the United Republic of Tanzania Mutually recognizes quality marks from other EAC Partner States as provided for in the SPS Protocol.

2. 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.

3. 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-000-741 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-000-742 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-000-520 6.5. Variable levies
2012-06-20 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Beef and Pork from Kenya Farmers Choice are being charged 25% by Tanzania because the company is in the duty remission scheme despite the products not benefiting from the duty remission scheme.  
Progress: 1. On 5 December 2013, Kenya FocalPoint reported that the bilateral meeting failed to resolve this issue.

2. During the 7th EAC Regional Forum on NTBs held on 27th – 29th June 2012, Kampala, Kenya reported that the products being exported to Tanzania do not benefit from the duty remission scheme. The meeting recommended that the issue be deliberated upon during the bilateral meeting between Kenya and Tanzania scheduled for 21-22 Augustt 2012.
NTB-000-758 6.5. Variable levies
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-000-780 6.5. Variable levies 2017-07-28 Tanzania: Tanzania Food and Drugs Authority Tanzania New View
Complaint: TFDA (Tanzania Foods & Drugs Authority) imposes a 1% fees on FOB value on all imports (food, drugs & cosmetics) including the ones coming from Zanzibar which is part of the United Republic of Tanzania. The ZFDB (Zanzibar Food & Drugs Board) does the same thing as they are trained by TFDA. This is badly hurting local and regional trade as well as local manufacturers.  
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-000-689 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-000-791 8.6. Vehicle standards
2017-11-10 Botswana: Kazungula Road SADC New View
Complaint: Botswana requires that transporters get exemption permits issued either in Francistown or Gaborone, the same original permits must then be couriered to Kazungula where the permit then must be presented to the Kazungula PTC for authorisation and stamping, then to the Botswana Power Corporation for authorisation and stamping, only then can the truck proceed to Kazungula weighbridge and present the permit and be inspected and weighed.These permits are only valid for 7 days so the window in which to use the same permit is very narrow, especially since there are sometimes issues where Zambia Revenue Authority Asycuda system experiences failures and down time.

Further, Transporters are required to put up abnormal signs and red flags on the trucks before they can be released by the Kazungula weighbridge staff. The weighbridge does not permit trucks with over 4.3 Metres high is not permit and yet most of the trailers which the transporters run are just under 4.4 Meters high with a High Cube container on board.

There are no bridges or low power lines, to which a High cube container with a height of 4.6 Metres , would pose a threat to on the entire route from Zambia through Botswana and South Africa .

This is another one of many hurdles being put in the road which is increasing the costs of regional trade and is yet another barrier to trade on our corridor to South Africa.
1 2 3 4 Next >>