Resolved complaints

Showing items 1 to 20 of 797
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-001-147 2.2. Arbitrary customs classification 2023-10-17 Kenya: Namanga Tanzania Resolved
2024-03-09
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Complaint: Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price.  
Resolution status note: Secretariat advised that this is an operational issue can be discussed in Customs Committee  
NTB-001-139 1.1. Export subsidies 2023-02-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2024-03-09
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Complaint: 1. stoves manufactured by the Burn Manufacturers company have been denied preferential market access when being transferred to URT; the reason being the company was under duty remission scheme. However, the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs. Further, Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.

1)That Burn manufacturing was gazette for duty remission in the financial year, 2022-2023.
2)That the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs (sample clearance letters attached)
3)That Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.

Kenya request URT to allow the stoves being transferred by Burn manufacturing be accorded preferential treatment since they are originating in Kenya, in accordance with EAC Rules of Origin, 2015, and the company is nolonger under any remission scheme.
 
Resolution status note: The Secretariat reported that the company was under duty remission and had not fulfilled the procedures they needed to follow after the expiry of the gazette"  
NTB-001-138 1.1. Export subsidies 2023-02-01 Tanzania: Tanzania Revenue Authroity Kenya Resolved
2024-03-09
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Complaint: SCT TRA at the ICD Kenya is delaying approval of export documents causing costly delays and non-timely delivery of products to clients in URT.
To release the tuck took 5 days. We have an issue with TRA where the physical documents have to be submitted manually. Exporters lodges documents waits for release, goes back for BT and still for a movement sheet and this is an online thing you must wait.

In case the movement sheet is not transmitted, exporters submit again for retransmission.
There is always a long queue in the ICD-TRA office that consumes a lot of time for exporters to be attended to.
This back-and-forth process is delaying the export process.
1. We request URT to resolve the matter and grant timely approval of export documents.
2. URT should automate the approvals and avoid manual approval.
3. When the SCT system is down, there should be quick resolution and an agreed time to release goods manually.

We request for timely delivery of goods to avoid the costly delays caused by URT.
Truck loaded on 24/10/2023
25/10/2023-Submitted physical file to Tra, release denied we were told to provide ETR receipt and tax invoice
26/102023- Submitted the file with all new requirements, release denied again, that the tax invoice does not match with the invoice on the assessment documents, the assessment document was declared based on proforma invoice
27/10/2023-Submitted the file again and release was issued ,BT was declared and received the same day from the agent..
30/10/2023-submitted the file again movement sheet was generated.

TZNG-23-1438288 & TZNG-23-1437343
26/9/2023- The files for the above assessment documents were submitted to TRA at ICD
• TZNG-23-1437343 - release was issued.
• TZNG-23-1438288 -was asked to compare manifest and compared the same date.
27/9/2023- the files were submitted again at 11 am
• TZNG-23-1437343- nothing was done.
• TZNG-23-1438288- release was issued.
On 27/9/2023 at 3 pm the files were submitted again
• TZNG-23-1437343-Movement sheet was generated.
• TZNG-23-1438288-movement sheet was generated.
 
Resolution status note: The Secretariat advised that this issue is operational and was not considered as an NTB"  
NTB-001-130 1.14. Lack of coordination between government institutions 2023-09-30 Kenya: Busia Kenya Resolved
2023-10-11
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Complaint: Dairy Board officers not in work over the weekend and week days after 1500HRS yet is 24 hr operational  
Resolution status note: The issue was addressed and the trader confirmed he was served  
NTB-001-116 8.8. Issues related to transit 2023-05-01 Uganda Resolved
2023-07-03
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Complaint: There are 13 road blocks between Nimule and Juba and traders are losing over SSP. 150,000 each.  
Resolution status note: During the 42nd SCTIFI, the Republic of South Sudan reported that the SCTIFI directed South Sudan to remve all road blocks and this directive was implemented. There are only two road blocks from Nimule to Juba hence this NTB was resolved.  
NTB-001-115 1.1. Export subsidies 2023-02-01 Kenya Resolved
2023-07-03
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Complaint: Uganda subjecting full CET to export/transfered from Kenya Kenknit to Uganda. We urge Uganda to grant preferential treatment to Kenknit products that conform to origin.  
Resolution status note: On 3rd July 2023, the EAC NTB Unit reported the trader confirmed through the EAC Secretariat that the issue had been resolved  
NTB-001-114 1.7. Discriminatory or flawed government procurement policies 2023-02-01 Uganda: URA Kenya Resolved
2024-03-09
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Complaint: Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.

Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back.
 
Resolution status note: The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 )  
NTB-001-113 2.8. Lengthy and costly customs clearance procedures 2023-01-01 Uganda: Kenya Resolved
2023-05-17
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Complaint: T1 generation delays:
T1 Mapping on to ICMS system from URA portal for generation of C2
• Goods are sometimes sent back to await clearance at the exporters’ expense.
• Truck Delays at loading bay due to lack of transport document to move along the corridor to partner state
• Time wasted, additional costs such as unit logistics costs due to number of days
-Delays at border Clearance- exit

a) Real time synchrony with partner agency systems as envisaged.
b) Quicker exit and entry clearances- online portal to facilitate trade on realtime.
 
Resolution status note: The RMC noted that the issue was operational and such issues are handled by the SCT ICT technical working group. This technical working group was put in place to handle such ICT-related issues as they occur The meeting, therefore, agreed that it is better handled there and be removed from the TBP  
NTB-001-104 1.8. Import bans 2023-03-06 Kenya: Kenya Diary Board Uganda Resolved
2023-03-20
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Complaint: IMPORT BANS AND DENIAL OF MARKET ACCESS BY KENYA.
On 6 Mar 2023,the government of Kenya through the Kenya Diary Board stopped the issuing of import permits for powdered milk as a means of cushioning the surplus production and low producer prices in Kenya.
By this, Kenya is breaching EAC customs union protocol and the customs union that makes us a common market as well.This is denying ugandan powdered milk access to the kenyan Market and will negatively impact trade relations between the two countries.
 
Resolution status note: The 42nd SCTIF noted that the NTB was resolved.  
NTB-001-101 8.7. Costly Road user charges /fees 2022-11-21 Uganda Resolved
2023-05-17
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Complaint: SOUTH SUDAN IS IMPOSING COSTLY ROAD USER CHARGES/FEES. The government of South Sudan through the National Revenue Authority imposes high charges on Ugandan transporters for road use. In 2022, Exporters from Uganda to South Sudan were paying Six Thousand Pounds (6,000) but received receipts reading Five thousand pounds( 5000). This fee isn't in the law and is very costly.It is also impossible to explain to the truck/cargo owners the difference in money paid and money receipted

Currently 2023, Exporters from Uganda to South Sudan are paying Twenty eight Thousand Pounds (28,000) but the receipts they get after payment indicate Twenty One Thousand Pounds (21,000).

This is very unfair and increases the cost of doing business.
 
Resolution status note: The 34th RMC was informed that the road user charges for Uganda traders are 21,000 SSP. The 7,000 SSP extra payment is an administrative charge payable to the Ministry of Interior Traffic Directorate. The fee is charged on all transporters, not only Ugandan transporters.
The meeting was informed that Road user charges in RSS in 2022 was 5,000 SSP. In 2023 RSS is charging transporters RUC amounting 21,000 SSP.
The meeting agreed that RSS should stop charging the extra 7,000 SSP on top of the road user charges which are not issued a receipt.
 
NTB-001-097 3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s.
2022-11-28 Tanzania: Tanzania Bureau of Standards Malawi Resolved
2023-03-28
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Complaint: Tanzania requires that we produce a Certificate of Analysis done in SGS labs only which are only in South Africa and Mauritius. The test must be done on each and every consignment which is costly and time-consuming. It could have been ideal if they could accept at least from Malawi Bureau of Standard.

Other countries where we export our product accept Certificate of Analysis from our company lab.
 
Resolution status note: From the report of the meting held on 28th March 2023 between SADC Business Council, The Complainant and Tanzania Bureau of Standards (TBS), both parties agreed to resolve the NTB as per the attached minutes of the meetings and the accompanying letter with Reference No. TBS/CED/PVoC/G.54/7870 dated 29th March 2023.  
NTB-001-085 1.4. Preference given to domestic bidders/suppliers 2022-07-01 Kenya: Customs Uganda Resolved
2024-03-09
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Complaint: Kenya's restriction of supplies to the Kenyan Electricity Supply Industry (ESI) to only Kenya originating cables and other ESI materials by Kenya (Public Bid Notice )  
Resolution status note: NOT New
This complaint was dropped as it it related to trade in services and not trade in goods. Hence it is not an NTB"
 
NTB-001-084 2.6. Additional taxes and other charges 2022-07-01 Kenya: Customs Uganda Resolved
2023-05-17
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Complaint: 25% excise duty on table eggs imported table eggs as a new restriction

 
Resolution status note: The 34th RMC meeting noted that the law was not being practiced and Uganda was not being affected by the law. Hence the NTB has been resolved  
NTB-001-082 2.6. Additional taxes and other charges 2021-07-01 Kenya: Kenya Revenue Authority Uganda Resolved
2023-05-17
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Complaint: Excise duty on imported onions, potatoes, potatoes crisps and potatoes chips effective 1st July 2022 at rate of 25% imposed by Kenya  
Resolution status note: The 34th RMC noted that the provision of the Law is not applicable hence no NTB has occurred so far and Kenya is requested to amend their law and rectify it to avoid the NTB from occurring. This NTB has been resolved.  
NTB-001-079 2.6. Additional taxes and other charges 2022-10-24 Uganda: Uganda Revenue Authority Kenya Resolved
2023-05-10
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Complaint: RESUBMITION
DISCRIMINATORY CHARGES BY UGANDA : 18% VAT ON FROZEN WHOLE CHICKEN
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT. It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from EAC countries.

The issue had been reported under NTB-001-010 and indicated as resolved. However, on checking in the URA system, VAT is still charged on frozen whole chicken meat
 
Resolution status note: The NTB was considered and resolved under NTB-001-010. The new evidence provided was incomplete and could not furnish Uganda with enough information. Hence the issue is still considered resolved.  
NTB-001-078 1.2. Government monopoly in export/import
Policy/Regulatory
2022-06-13 Kenya: Mombasa sea port Resolved
2023-07-03
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Complaint: The government of South Sudan through the Ministry of Transport on 25 Feb 2022 had request the government of Kenya through the Ministry of Transport to facilitate the clearing of all South Sudan cargo at Nairobi Dry Port by moving all containerize cargo by rail and to be cleared at a Private Container Freight Stations (CFS) Autoport Freight Terminals Ltd. When the directive was implemented on 13 June 2022, Stakeholders and the private sector in particulars did not appreciate the move and it see as monopolistic in nature and it did increase the cost of doing business for South Sudan importers, This was brought to the attention of the Ministry of Trade and Industry South Sudan which is the line ministry, The ministry of trade communicated to ministry of transport South Sudan on the implication raise by the private on the cost of import and the monopoly fact, after the consultation between the two ministry in South Sudan, The minister of Trade and Industry wrote two communication letters to the Ministry of Trade Kenya on 23rd May 2022 and Ministry of Transport Kenya on 13 June 2022. However, all the communication had not been responded to from Kenya ministries mention, on 28 July 2022 Members of Parliament summon the ministries of Trade and Transport and resolve to Suspend relocation of South Sudan Cargo via Nairobi to protect South Sudanese and the Minister of Transport South Sudan was requested to revoke his letter to the Ministry of Transport Kenya to allow South Sudanese cargo owner to clear their goods directly from the Port of Mombasa. On 28 July 2022 the Ministry of Transport South Sudan wrote to his counterpart in Kenya requesting the suspension of his previous letter dated 25 Feb 2022. All those communications did not bear fruit on trade facilitation update. Unfortunately on 4th October 2022 the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works. Wrote a letter to the National Treasury and Planning Kenya informing the Cabinet Secretary on not receiving any formal communication from South Sudan Government and for his guidance all South Sudanese cargo is to be rail and cleared at Nairobi.
 
Resolution status note: The 42nd SCTIFI noted that Kenya reiterated Her commitment to facilitating the transportation of RSS people and cargo through a letter dated 13th December 2022 addressed to the Minister for Transport South Sudan informing him of a presidential directive on clearance of goods and other attendant operational issues at the port of Mombasa copied to all concerned MDAs of Kenya which is being followed to date. Hence the NTB is resolved.  
NTB-001-068 1.9. Determination of eligibility of an exporting country by the importing country
Policy/Regulatory
2022-06-16 Kenya: Ministry of Agriculture, Livestock, Fisheries and Cooperatives. (State Department of Livestock0 Directorate of Veterinary Services Tanzania Resolved
2023-02-20
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Complaint: Happy sausage Ltd is meat processing company based in Arusha Tanzania. The company produced various types of sausages (fresh, smoked, cooked, fermented), bacon, harm, fresh, beef, lamb, pork and chicken. The company wanted to export its products in Republic of kenya. The company was advised to apply to the government of Kenya for ana import permit of meat and meat products sourced from Tanzania , particulary from its Arusha facility. The application letter is attached for easy reference. The DVS (Kenya) replied to the application through letter with Reference No. MOALF/SDL/DVS/VPH/GEN/54 dated 29th March, 2022 by citing key requirements for meat importation into Kenya(those guidelines included in the letter).

The company complied with all requirements . The dully filled risk assessment questionnaires was submitted to DVS (Kenya)on 12th April 2022 ( the questionnaires is attached for reference) . What remains undone is for the DVS (Kenya) to send staff to Tanzania to Inspect the slaughter and meat processing facility in Arusha. We humbly request the DVS (Kenya) to send its staff to inspect the facility so that to allow the the company to export meat and meat product in Kenya.
 
Resolution status note: The Regional meeting was informed that the DVS of Kenya looked at the risk assessment questionnaire submitted by Happy sausage ltd and approved their import permit. The issue was administrative and was resolved.  
NTB-001-067 8.6. Vehicle standards 2022-04-15 Kenya: Kenya Resolved
2023-02-20
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Complaint: Non recognition of Truck specifications approved and registered in Uganda.Kenya charges truck drivers approximately 150,000 ksh with trucks that have three axle loads.These are recognized and approved for transportation by Uganda. The truck drivers after paying the penalty are required to apply for an exemption permit that should be applied for two weeks in advance which is an additional delay and amounts to an increase in business costs.  
Resolution status note: The meeting was informed that Kenya is implementing the East African Community Vehicle Load Control (Vehicle Dimensions and Axle Configurations) Regulations (EAC-VLC) Act and its subsequent regulations of 2018. The trucks affected were found to be in violation of the Law. The Act provides a maximum of 4 axles (2 steerings and 2 rear) on a rigid chassis vehicle which must not exceed 12 meters. Impounded vehicles had 5 axles on a rigid chassis vehicle which is not allowed by law. The meeting agreed that the Partner States need to abide by the EAC Laws. Hence the complaint is not an NTB.  
NTB-001-064 8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) 2022-03-24 Zambia: Mokambo Border to Mfulira Road Zimbabwe Resolved
2023-04-06
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Complaint: The Mokambo Border to Mfulira road has become impassable with trucks getting stuck in the mud and being damaged as a result of the poor road condition  
Resolution status note: During the COMESA Regional capacity building workshop for National focal Points held in Rwanda from 3-6 April 2023, Zambia focal point reported that reconstruction of the Mokambo border to Mfulira had been commenced. It was therefore recommend that this NTB be regarded as resolved considering that Zambia is taking efforts to reconstruct the road  
NTB-001-063 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2022-03-24 Zambia: Kasumbalesa Zimbabwe Resolved
2023-03-06
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Complaint: There is slow Clearance by border agencies ( Zambia Customs) causing truck delays. Trucks following a queue 34km long at morning of 24 March 2022 .  
Resolution status note: A Bilateral Ministerial Meeting between the Republic of Zambia and the Democratic Republic of Congo (DRC) was held on 6th March 2023. It was agreed that all border agencies of both countries put in place procedures to allow for 24-hour border operations at Kasumbalesa, Sakania, Mokambo and Kipushi in accordance with internal procedures.Based on the outcome of the Bilateral meeting, the NTB is resolved  
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