Active complaints

Showing items 41 to 58 of 58
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-000-697 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-000-704 1.14. Lack of coordination between government institutions 2016-04-22 Uganda: Ministries responsible for Trade in Rwanda, Tanzania and Uganda Kenya In process View
Complaint: Inadequate or no information on the change of export and import procedures  
Progress: Partner States requested for additional information stipulating the regulation to consult the relevant authorities.
Uganda noted that the NTB was vague and requested for clarity.
URT requested that this NTB be clarified to enable internal consultations.
 
NTB-000-374 2.8. Lengthy and costly customs clearance procedures 2010-02-10 SADC Zimbabwe In process View
Complaint: Lack of a SADC simplified trading regime hampers small traders from doing business with their SADC counterparts.  
Progress: 1. In 2014, The SAD Secretariat reported that a concept note on SADC Simplified Trading Regime was submitted to the April 2010 TNF meeting and Member States undertook to consult. The matter was also considered by the SCCC in May 2014, which directed the Secretariat to expedite the development and implementation of an STR for SADC. The Secretariat would present proposals for a simplified trade procedure for consideration by the Sub Committee on Trade Facilitation in fiscal year 2015/16.

2. The 7th meeting of the SADC Trade Negotiating Forum held on 24 May 2013 in Gaborone, decide that a study to assess possible impact of STR be carried out.
 
NTB-000-358 2.8. Lengthy and costly customs clearance procedures 2010-02-10 Democratic Republic of the Congo: Ministry of Trade Tanzania In process View
Complaint: The process of obtaining DRC Ogeframe certificate delays cargo at the port and increases costs. Procedure is too long as it involves exporter paying fees at Tanzania Revenue Authority in DAr es Salaam Office and then take the document for endorsement by DRC. This is applicable only to transit goods to DRC.  
Progress: 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, DRC reported that internal consultations would be made with relevant authorities.  
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-000-657 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-000-698 2.14. Other
Policy/Regulatory
2014-07-23 EAC EAC In process View
Complaint: Border management institutions’ working hours are not harmonized.  
Progress: Implementation pending completion of OSBP in June 2016.
The Joint Border Committee (JBC’s) which have proved to be very effective in fast tracking border trade transactions should be facilitated by providing them with offices and other support to ensure smooth operationalization of OSBP and harmonization of working hours
Rwanda reported that the working hours have been harmonized.

Uganda harmonized the working hours at Malaba, Busia, Mutukula and Milama Hill, Katuna and Cyanika Borders.

Kenya reported that the Borders of Malaba, Busia, Namanga and Holili have harmonized the working hours.
 
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-000-714 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-000-732 5.15. Other 2017-01-01 Zambia: Zambia SADC New View
Complaint: Carbon Tax Increase over 37% for commercial vehicles  
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-000-033 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 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.

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 "

2. 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.
 
Products: 0202.30: Frozen, boneless meat of bovine animals  
NTB-000-727 4. Sanitary & phyto-sanitary (SPS) measures
A53: Fumigation
2016-12-01 Botswana: Kazungula Ferry Zambia New View
Complaint: Botswana border officials demand fumigation certificate for molasses. To my knowledge, foodstuffs like molasses cannot be fumigated and on the Botswana import permits (plant protection), this is not among the requirements. This leads to delays, additional costs (e.g demurrage), possible loss of business and risk of product going bad.  
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-000-701 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-000-670 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-000-708 8.6. Vehicle standards
Policy/Regulatory
2016-04-30 Kenya: Mombasa sea port Uganda In process View
Complaint: Charging of a Ks. 30,000 fines for criminal offence (TR361/16) for lorries imported by Uganda from German without Mud Guards.  
Progress: Kenya reported that this is a legal requirement which is not discriminatory. The legal instrument was circulated during the 20th NTBs Forum.

Kenya to issue a formal notice on the regulation requiring port exit with mud flaps fitted.
 
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