Active complaints

Showing items 61 to 69 of 69
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-000-492 7.5. Lengthy procedures 2012-03-01 South Africa: transit in south Africa Zambia In process View
Complaint: A private show company has made a complaint regarding the custom stoppages in South Africa.
The Company imports products from Durban and transit through South Africa, the company has been informed that their trucks will be undergoing a tunnel for physical inspections of goods in transit.
The company however, feel that this exercise is detrimental to their business as it is slow and will delay the arrival of goods and attract extra charges. The Company wonders why the good in transit should be stopped by customs/ police for inspections.
 
Progress: 1. In June 2012, SARS responded that the complaint was subjective and therefore difficult for them to resolve it. SARS requested that the NTB has to be specific (e.g. time, which border, route etc). SARS therefore request the client or trader to rephrase the NTB so that we can be able to attend to it

2.At the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, South Africa was requested to provide its law/regulations/legal procedures for physical inspection. South Africa undertook to consult with the relevant authority, SARS and to provide information requested.
 
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-000-674 2.14. Other 2015-07-03 Mozambique: Posto Fiscal de Calomue Zimbabwe In process View
Complaint: TRANSHAUL Zimbabwe had 2 trucks arrive at Calomue border on Friday 3 July loaded with groundnuts, they were told they had to wait for a free escort on Monday, or pay for an escort to take them to Cuchamano on Saturday. Against our advise, our client paid the fees being demanded ($100 / truck) after which, the escort only went as far as Tete with the trucks, where they were told they should pay again for another escort to take them through to Cuchamano. Again, our client paid the escort fees. The transporter had another 2 trucks arrive at Calomue on Monday 6 July with groundnuts, who were again told they must pay for escort, or wait until Wednesday for someone to escort them for free. I have told our client not to pay.

The adding of a commodity to the anti-dumping list with an escort requirement by customs needs to be documented and communicated prior to the introduction thereof. Also the communication should clearly state what the cost if any of the escorts are from point of entry to point of exit and availability of escorts.

The current situation being applied as described under paragraph one is not acceptable and needs to be clarified by Alfandega agents at Calomue border demanding escort fees from drivers without documentary proof.
 
Progress: On 3rd August 2015, Mozambique focal point advised that Fiscal escort will only take place in cases involving transit of high risk goods in terms of revenue; and it is the responsibility of the Provincial Director of Customs or Customs Delegate to approve the fiscal escort and its terms. It is the responsibility of each Customs Province Directorate through its mobile teams and intermediary fixed points of fiscalization to monitor the vehicles under fiscal escort within their jurisdictional area.

When fiscal escorts are determined by customs authority, collection of any values and money deductions for pocket money purposes by customs officials escorting the vehicles is not allowed. Customs officials escorting the vehicles in transit are not allowed to board the vehicles being escorted by them.

Regarding this specific case, our understanding is that some misbehaving customs officials may be engaged in collecting money for their own pockets/benefit. In order to stem these illegal attitudes, all operators in the transit chain, including brokers and drivers are encouraged to report this to the Border Managers every time it occurs. In order for Focal points to launch full investigation on this specific case, the complainant is kindly requested to provide details such as invoice or any other supporting document handed to the driver or transit agent.
 
NTB-000-656 1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory
2014-12-11 Tanzania: Ministry of Trade Kenya In process View
Complaint: Discrimination of Smirnoff of ice brand of East African Breweries (Kenya) Ltd products.  
Progress: 1. Removal of discrimination. Verification was undertaken but Kenya was requested to submit the missing documents to enable the committee to finalize its work.

2. At the 16th EAC NTBs Forum held in Kigali, the secretariat reported that a verification mission had been undertaken and was awaiting decision of the SCTIFI. The time frame for addressing this issue is March 2015.
 
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-000-653 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-000-616 6.5. Variable levies 2013-12-01 Zambia: Nakonde District Council Tanzania In process View
Complaint: Nakonde District Council of Zambia has introduced new Council Levy for external trucks entering Zambia in addition to other existing charges and levies.  
Progress: A reminder was sent to Zambia focal point on 14th November 2014 to follow up on this issue  
NTB-000-566 8.6. Vehicle standards
Policy/Regulatory
2013-02-12 Botswana: Pioneer Gate South Africa In process View
Complaint: This complaint is registered by FESARTA.
The Botswana traffic authorities at Pioneer Gate, are applying outdated overall vehicle width and overall vehicle height limits. The are applying maximum 2.5m width and 4.1m height.
For many years, SADC has recommended 2.6m width and 4.3m height.
Most of the countries in the Southern African region, have 2.6m and 4.3m, and so the vehicles are built to suit these dimensions. They cannot be reduced to 2.5m and 4.3m without major structural alterations.
Furthermore, the 2.6m width was set so that an ISO shipping container, which is 2.4m wide, can be loaded onto a trailer that has sideboards. This cannot be done on a trailer that is 2.5m wide, since the sideboards take up at least 100mm width. The 2.6m also allows two standard pallets to be loaded side-by-side inside a pantechnicon body.
On occasions, when this problem has arisen in the past, the traffic officials have agreed that, to facilitate trade, the vehicles can operate in Botswana. But, there are also occasions, such as the present case, when traffic officials have insisted that the smaller dimensions must be enforced. This is a serious inconvenience and extra cost to transporters.
For trade facilitation, Botswana must change its act to the larger dimensions, and, in the meantime, allow vehicles with those dimensions to operate freely.
 
Progress: 1. On 30 April 2013, Botswana reported that , as per the Botswana regulations, Road Traffic Act (RTA), dimensions for width and height are 2.5m and 4.1m respectively. Botswana is in the process of amending the RTA regulations and the Road Traffic Signs Regulations. The proposed amendments and the dimensions are 2.6m and 4.3m in conformity with the regional standard.

2. On 18 November 2014, Botswana focal point reported that the relevant Authority in Botswana had been contacted to update on the progress on the regulation amendments to conform to SADC vehicle dimensions.
 
NTB-000-670 8.6. Vehicle standards 2015-05-08 Tanzania: Tunduma SADC New 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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