Resolved complaints

Showing items 21 to 40 of 534
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-000-685 1.15. Other 2016-03-01 Zimbabwe: Botswana Resolved
2016-03-18
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Complaint: As of the 1st of March 2016 Zimbabwe introduced a system whereby you need to obtain a certificate of conformity in order to export into Zimbabwe. One needs to obtain this certificate from Bureau Veritas. Trucks have been piling up at the Plumtree border while they await clearance with charges up to $250.00 per consignment. No formal communication has been reported by the Government of Zimbabwe to Botswana on this new development. Furthermore we have no record of which products will be affected and who needs to apply for this certificate. We are not even aware of where the Bureau Veritas offices are located in Botswana. As they are situated in South Africa.  
Resolution status note: On 18th March 2016, the Zimbabwe Focal Point from ZIMRA reported that a verification with the Station Manager at Plumtree Border Post had not revealed any cases of trucks piling up at the Border Post. It would be appreciated if the client furnishes more details relating to the Companies affected, the dates, the vehicles involved and the registration numbers so that the Station Manager carries out further verification if need be. The goods affected are listed in Statutory instrument 132 of 2015 which was published on 18 December 2015. The Statutory Instrument (SI) is as available at Printflow (formerly Government Printers) in Zimbabwe, which is too large to attach here.  
NTB-000-683 2.14. Other
Policy/Regulatory
2016-02-10 Zimbabwe: Mt. Selinda Resolved
2016-03-18
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Complaint: ZIMRA has introduced a new ruling at all its border posts effective 10 February re the vehicle manifest without proper pre-dialogue with regional and border post stakeholders as well as transporters who are being affected the most by this ruling and which is in breach of the SADC protocol to which Zimbabwe is a signatory. The attached Notification and copy of the ZIMRA Manifest Form No. 1 are self-explanatory, the ZIMRA manifest is just a duplication of a standard vehicle manifest with the ZIMRA logo on it and official form number, however ZIMRA are refusing to allow clearing agents to submit any other format of the manifest other than the attached document and transporters are being delayed for days on end until such time as the clearing agent submits documents with the ZIMRA manifest. the average cost per day for a transporter to stand at the border post is US $250 which ultimately will be added onto the cost of an already outrageous transportation cost for the end user consumer to pay. This practice is unethical, in breach of the SADC Protocol on Trade and Transport and not conducive to trade facilitation in the region. Imagine the chaos this situation would cause if all countries or member states in the SADC region adopted the same principal as Zimbabwe has, the transporter would have to fill in a different manifest for every country entered or transited.

This matter requires the immediate and urgent intervention of the focal point representative in Zimbabwe.
 
Resolution status note: On 18 march 2016, Zimbabwe Focal Point from ZIMRA advised that submission to the Zimbabwe Revenue Authority (ZIMRA) of a Manifest (Form 1) on importation of goods by Road has always been a requirement. This is in terms of Section 6 of the Customs and Excise (General) Regulations published in Statutory Instrument 154 of 2001 which reads "6 The report in terms of section 26 of the Act on vehicles engaged in the transportation of goods, other than trains, shall be made in form No. 1, completed at the time of loading the goods in the country of exportation, signed jointly by the transporter who loaded the goods and the person in charge of the vehicle, together with such copies as may be required by the officer to whom the report is made". Section 26 of the Customs and Excise Act (Chapter 23:02) is on "26 Person in charge of vehicle to report goods in his or her charge" The Form 1 (Manifest) is a ZIMRA form and is a prescribed form in terms of the said Regulations and therefore it is a requirement that it be standard. It is thus not proper for Clearing Agents to use other formats of the Manifest. For the convenience of the clients arrangements are being made for the Manifest to be available for downloading from the ZIMRA Website .

However the Zimbabwe Focal point advised that the Commissioner Customs and Excise had temporarily given a reprieve and is accepting other formats of the Manifest as submitted by the Agents. The Act and the Regulations were submitted.
 
NTB-000-681 7.2. Discrimination
Policy/Regulatory
2015-10-12 Uganda: Malaba Resolved
2016-06-30
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Complaint: Uganda discriminatively imposed a 10 percent duty on Kenya manufactured Laundry bar soaps.  
Resolution status note: At he 21st EAC NTBs Forum, Uganda reported that the 10% charged is Excise duty on cosmetics and soaps.
The NTB was resolved upon receipt of the statutory instrument from Uganda.
 
NTB-000-680 2.3. Issues related to the rules of origin
Policy/Regulatory
2015-09-04 Tanzania: Namanga Kenya Resolved
2016-04-29
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Complaint: General Motors East Africa sold some vehicles to its dealer in Tanzania which vehicles were charged duty, despite the provisions of the rules of origin which qualify vehicles assembled from CKD as local products and should be sold free of duty within EAC. The Rules of Origin were gazette on the 23rd day of January 2015 and they are fully operational. This is a clear violation of the EAC Rules of Origin. Copies of the EAC Certificate of Origin, the Commercial invoice, the Import Duty Assessment Document & the Import Duty Payment Note for four vehicles that were charged duty at the Namanga border are available for scrutiny if required. We sought an explanation from the Tanzania Revenue Authority but they have not given a substantial explanation except that, in their opinion the rules take effect from October this year  
Resolution status note: The new EAC rules became fully operational in Tanzania at the end of April 2016 and the the operational manuals were circulated to all borders. The vehicles qualifies for preferential treatment under the new rules. This issue was considered resolved during EAC 20th NTBs Forum  
NTB-000-679 2.3. Issues related to the rules of origin
Policy/Regulatory
2014-01-23 Rwanda: Rwanda Revenue Authority Egypt Resolved
2016-08-24
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Complaint: Rwanda doubts the originating status of wheat flour exported by Egypt


 
Resolution status note: During the 5th Meeting of COMESA NTBs Focal Points held in Nairobi fro 23-25 August 2016, Egypt reported that the complainant had not been forth coming with additional information to facilitate consideration of this matter by the countries, In that regard, The two parties therefore decided that the matter be considered resolved .  
NTB-000-678 2.3. Issues related to the rules of origin
Policy/Regulatory
2011-08-25 Egypt: Egyptian Customs Authority - Ministry of Finance Kenya Resolved
2016-02-08
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Complaint: Non acceptance of COMESA certificates of origin on mill white sugar, LG Electronics (TV sets) originating from Kenya  
Resolution status note: On 8th February 2016 , Focal Point for Egypt reported that the NTB be considered resolved on the basis of a recommendation from a joint visit on the spot verification for Mill White Sugar and LG products (TV Sets) was undertaken that White sugar & LG Electronics (TV sets) qualify for preferential treatment according to COMESA protocol of ROO.  
NTB-000-674 2.14. Other 2015-07-03 Mozambique: Posto Fiscal de Calomue Zimbabwe Resolved
2016-10-07
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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.
 
Resolution status note: FESARTA reported that the NTB does not exist at present.  
NTB-000-673 7.3. Corruption 2015-06-14 Botswana: Martins Drift Resolved
2016-02-26
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Complaint: A Zambulk Tanker carrying Fuel was weighed at the subject weighbridge with the following axle masses: Steer axle - 6960 kg (legal limit 8000 kg); Drive axles - 17660 kg (legal limit 18000 kg); Trailing axles - 24160 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 1200 kg on the trailing axle set. The weighbridge official printed a weighbridge ticket for the driver which reflected the weights indicated above and showed the legit limits as indicated above with the Total GVM being 48780 kg and the max or legal limit being 50000 kg. This vehicle was within the legal limit on GVM and well within the tolerance on the trailing axle set. Yet printed at the bottom the weighbridge ticket is the comment - TRUCK MUST EXIT AND RETURN TO DISPATCH IMMEDIATELY SO THAT THE LOAD CAN BE CORRECTED!!! (see attached weighbridge ticket). When the driver queried this with the weighbridge official he was told that he must park off the truck and move fuel from the rear tank to the front tank to correct the load. This is clearly not an option and highly dangerous given the nature of the product being carried. The driver went back and started negotiating and gave her Pula 200. The Operator refused to give the driver 5% when entering Botswana. The Operator said it is only applicable AFTER the Martins Drift Weigh Bridge. At Serule and Francistown there was no problem.

This is obviously an attempt a corrupt activity that is taking place at this weighbridge and needs to be stamped out immediately.
 
Resolution status note: On 26th February 2016, Botswana Focal Point reported that the general public and business community were encouraged to report all corruption cases with Botswana Police as and when they happen. There are police officers stationed at all Botswana entry points. This will assist in addressing corruption issues. However, it should be noted that the 5% is not applicable at the 1st weigh bridge in Botswana but AFTER the 1st weigh bridge. In this instance, it will be applicable in Serule or Francistown.  
NTB-000-671 8.8. Issues related to transit 2015-04-08 Mozambique: Beira Resolved
2016-09-13
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Complaint: Mozambique Police in Beira issued a ticket or fine for 50,000 metical or US $1500 to the driver of a Zimbabwe registered vehicle AC 5376 owned by Suncrest Transport for supposedly violating the third country rule by collecting a load in South Africa, transiting Zimbabwe and delivering or offloading in Beira, Mozambique and this route not being covered by a cross-border permit.

The fine or ticket issued referred to Article 102 of the Road Traffic Act (Places in which Pedestrians may walk) and is not related to the offence, also the fine or ticket does not specify the nature of the offence and only refers to the detention or removal of documents as per Article 122 of the Road Traffic Act (see attached ticket).

The cross-border permits for the subject vehicle (AC 5376) and attached hereto confirm that the vehicle was authorized to use this route and therefore was improperly fined by the Mozambique Police.

This is harrasment of the driver and the action required is the revoking of the fine.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-669 8.3. Immigration requirements (Visa, travel permit)
Policy/Regulatory
2014-09-02 Tanzania: Immigration Kenya Resolved
2016-06-30
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Complaint: Delay of issuance of work permit by United Republic of Tanzania  
Resolution status note: The issue is not about integrating the permits but the 'delays' in issuing the permit. This anomaly can be corrected. Focal points need to get more information on the nature of Delay. At the Tanzania NMC meeting, Immigration reported that the work permits are processed within 14 days maximum if all information is provided.  
NTB-000-668 8.8. Issues related to transit 2015-02-17 Uganda: It is the Police of Iganga in the Republic of Uganda who take in hostage of the truck and its driver because they get and accident. Burundi Resolved
2015-12-21
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Complaint: Following the accident held in IGANGA in the Republic of Uganda on 17 February, 2015 at 19h30, east african time, the truck which is registered in Burundi has been taken in hostage by Uganda Police until today and the driver is in prison at IGANGA. The truck have a COMESA Insurance that occurs wherever you are in the sub region.The COMESA insurance number is 0067772 (truck ) and 0067773 (trailer) valid from 23/03/2014 to 03/22/2015. The truck has the registration number of A2588A (truck) and T0110A (trailer). We are requesting that this truck and its driver can be released, so that they can continue their travel. Note that the truck contains the construction materials and shoes and was returning to Burundi.  
Resolution status note: On 21st December 2015, Uganda Focal Point reported that they had contacted the Police Chief- Director of Traffic who is also a member of the NMC. The truck was released long time ago and therefore this is a resolved NTB.  
NTB-000-665 8.7. Costly Road user charges /fees
Policy/Regulatory
2015-03-02 Tanzania: Dar-es-Salaam Port Rwanda Resolved
2016-06-08
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Complaint: Double payment of port exit fees: URT is charging double payment at inland and port exit. Inland container deposits have been introduced in reduce the congestion at Dar port. However, freight forwarders have reported being required to pay for port exit fees twice.  
Resolution status note: This NTB was resolved. Rwanda transporters have not reported any further charges on the same  
NTB-000-664 3. Technical barriers to trade (TBT)
B3: Labelling, Marking and Packaging requirements
Policy/Regulatory
2013-01-01 Tanzania: Tunduma Burundi Resolved
2015-11-09
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Complaint: TFDA is imposing new requirements on export of BRARUDI beers into Tanzania. TFDA is requesting new labels to include additional information and storage condition for the product that was not required when they submitted the application for export.  
Resolution status note: Burundi reported that TFDA had finally registered Burundi beers and that the company had received its certificate of registration.  
NTB-000-663 8.8. Issues related to transit 2015-02-19 Mozambique: Weighbridge at Matola on the Maputo corridor Zimbabwe Resolved
2017-05-18
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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.
 
Resolution status note: During the meeting of the SADC Sub Committee on Trade Facilitation, Zimbabwe reported that the drivers no longer faced this problem hence the problem is resolved.  
NTB-000-661 2.7. International taxes and charges levied on imports and other tariff measures 2014-12-11 Uganda: Uganda Revenue Authority Kenya Resolved
2015-03-16
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Complaint: Uganda charges 25% duty rate on scrapping rolls manufactured in Kenya and also on products manufactured in Kenya using glucose.  
Resolution status note: At the Kenya NMC NTBs meeting held in Nairobi on 16th March 2015, Kenya confirmed that Uganda had scrapped the 25% duty .This position was endorsed by the 17th NTB forum thereby resolving this issue.  
NTB-000-660 2.10. Inadequate or unreasonable customs procedures and charges 2014-12-11 Kenya: Mombasa sea port Uganda Resolved
2015-03-26
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Complaint: Scanning of Uganda goods by anti-counterfeit agency at Mombasa  
Resolution status note: The 17th EAC NTBs Forum held in Nairobi from 24-26 march 2015 considered and resolved tise NTB.  
NTB-000-659 2.14. Other 2014-12-11 Kenya: Mombasa sea port Uganda Resolved
2015-03-16
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Complaint: Selective auctioning of Ugandan goods at Mombasa Port.  
Resolution status note: At the Kenya NMC NTBs meeting held in Nairobi on 16th March 2015, KRA reported that all auctions had been conducted in accordance with the laws and regulations. Uganda had been given an extended 90 day period in which to notify owners of the auction after which the auction was conducted. This position was endorsed by the 17th NTB forum thereby resolving this issue.  
NTB-000-658 8.8. Issues related to transit
Policy/Regulatory
2014-12-11 Kenya: Along corridor Rwanda Resolved
2015-11-30
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Complaint:
Containerized cargo is being subjected to Imposition of 4 weighbridges instead of agreed 2 as agreed by Partner States.
 
Resolution status note: Kenya adheres to the decision of Ministers therefore containerized trucks are weighed at points of entry and exit. Containerized Trucks are weighed on motion in all weighbridges except at Malaba.  
NTB-000-656 1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory
2014-12-11 Tanzania: Ministry of Trade Kenya Resolved
2016-04-01
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Complaint: Discrimination of Smirnoff of ice brand of East African Breweries (Kenya) Ltd products.  
Resolution status note: At the NTBs Forum held in March/ April 2016, Kenya reported that the discrimination had been lifted.  
NTB-000-655 8.7. Costly Road user charges /fees
Policy/Regulatory
2014-12-11 Kenya: Kajiado and Kwale counties in Kenya Tanzania Resolved
2015-11-30
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Complaint: Kajiado and Kwale counties in Kenya re-introduced County transit Fee  
Resolution status note: ajiado and Kwale counties in Kenya removed the County transit Fee  
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