| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-221 |
3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT |
2024-03-10 |
Kenya: |
Tanzania |
New |
View |
|
Complaint:
|
The Neelkant Tanzania company that exports its salt product to East African countries has experience difficulty to import its salt product in Kenya, because Kenya does not recognize the standard certificate issued by TBS claiming that it does not qualify, for that case, KBS have been charging six thousand shillings for each shipment from Tanzania. TBS and KBS have harmonized their standards and have been implemented for some period of time till recently |
|
|
NTB-001-220 |
2.3. Issues related to the rules of origin |
2024-07-01 |
Uganda: Uganda Revenue Authorities |
Kenya |
In process |
View |
|
Complaint:
|
Certificate of Origin Declined (Issues of RoO)
Uganda has declined to recognize the Certificate of Origin for chewing gum manufactured by Kenafric Industries transferred to M/S Glorre International Limited on concern that the manufacturing process does not exceed the provisions in Rule 7 of the EAC Rules of Origin, 2015. Kenya NMC suggests that the process involves the use of machinery and technical expertise. Therefore, the process of manufacturing chewing gum exceeds the provisions under Rule 7 of the EAC rules of origin. |
|
|
NTB-001-218 |
2.6. Additional taxes and other charges |
2024-10-29 |
Tanzania: Dar es Salaam |
|
New |
View |
|
Complaint:
|
Tanzania's Finance Act 2024 introduced an excise duty for ‘’imported’’ products under HS Code 32.08 (Paints and varnishes including enamels and lacquers) of T Shs. 500 per kilo. However, this excise duty has NOT been imposed on any local manufacturers of the same products.
We intend to import items under this heading made in Kenya. Under the spirit of the EAC Trade protocols, which allows for free movement of goods, no duties, taxes or other non-tariff barriers should be imposed on any goods from a EAC partner country that a local manufacturer does not pay.
Therefore we believe this excise duty represents a huge disincentive to Kenyan manufacturers and hindrance to free trade within the EAC.
After writing to the TRA for assistance in the above issue, we were told that the Excise duty is chargeable to all goods falling under that heading even if it is of Kenyan origin (see our letter and their response)
We therefore request your assistance on way forward for us to import items under the HS codes mentioned from Kenya without being subject to this new excise duty of 500 T Shs. Per kilo. |
|
|
NTB-001-217 |
1.1. Export subsidies |
2024-09-24 |
Tanzania: Kabanga |
Burundi |
In process |
View |
|
Complaint:
|
URT IS IMPOSING TO BURUNDI A TAX FOR SALUBRITY FOR TRANSIT TRUCKS imposed by port health on borders. This case is for 2 borders : Kabanga and Mutukula with different dates: 24 September 2024 and 02 October 2024. |
|
|
NTB-001-214 |
6.6. Border taxes |
2024-10-01 |
Tanzania: Rusumo, Mutukula, Kabanga |
Rwanda
(Burundi) |
In process |
View |
|
Complaint:
|
Through Port Health at Rusumo, Kobero / Kabanga and Mutukula/Mutukula, the United Republic of Tanzania charges the Republic of Rwanda and the Republic of Burundi Trucks 5 USD or the equivalent in Tshs as Free Pratique which is not in the EAC legal framework for free movement of cross-border trade. |
|
|
Progress:
|
The United Republic of Tanzania submitted that Free Pratique is an internal health practice for taking samples, inspections, maintenance, vaccination, and sanitising at points of entry and exit. The fee which is charged once per vehicle per journey, is charged based on the Tanzania Public Health Act 2009 http://elibrary.osg.go.tz/bitstream/handle/123456789/1006/01-2009%20The%20Public%20Health%20Act%2c%202009%20.pdf?sequence=1&isAllowed=y and International Health Regulations 2005.
Free Pratique in the Tanzania Public Health Act 2009
Definition:
"free pratique" means permission for a ship or an aircraft to enter a port embark or disembark, discharge or load cargo or stores;
When is it granted:
Section 40 (3) Where the Port Health Officer is satisfied that -
a) a communicable or infectious disease is not on board;
b) The Responses on the Maritime Declaration of Health Form are negative:
c) the Ship Sanitation Control Certificate or Ship Sanitation Control Exemption Certificate is valid; and
d) there is no other reason for the ship to be further inspected he shall grant a certificate for free pratique and allow the ship to enter the port as prescribed in the Seventh Schedule to this Act,
Section 43. Except in the case of danger, the Master of a vessel arriving at any port or place in the country and a person on board the vessel, shall not communicate or attempt to communicate with the shore or any other vessel, other than by signal, until a certificate for free pratique has been granted to that vessel in accordance with the provisions of this Act and any other relevant laws.
Partner States expressed their concern on the discriminatory fee charged at Rusumo, Kabanga and Mutukula OSBPs only and is demanded on truck drivers without any service being provided to them. |
|
|
NTB-001-210 |
2.9. Issues related to transit fees |
2023-05-02 |
Kenya: Mombasa County |
Uganda |
In process |
View |
|
Complaint:
|
Agricultural Produce Cess on tea into Mombasa County
Mombasa county charges charges Cess on tea in transit to the auction market. Mombasa County is charging the cess on all tea destined for Mombasa at the rate Kshs 7000, for a truck of seven tonnes and above.Charging the cess on tea being trucked into Mombasa Countyincreases the cost of doing business. This tea is dstined outside Kenya. |
|
|
Progress:
|
During the RMC of 17th October 2024 the Republic of Kenya committed to consult and revert during the 38th RMC. |
|
|
NTB-001-209 |
2.9. Issues related to transit fees |
2024-10-13 |
Kenya: Ministry of Forestry and Wildlife |
Uganda |
In process |
View |
|
Complaint:
|
Additional fees charged on timber in transit.
Kenya charges charges Ksh 48000 on transit vehicles carrying forest and timber products from Uganda transit through Kenya to destinations outside the EAC. Transit vehicles are charged fees for a transit license in addition to payment of road user fees. The timber products are extracted from forests in Uganda and not Kenya. This additional fee is wrongly charged and causes additional costs to trade in forest products from Uganda. |
|
|
Progress:
|
During the RMC of 17th October 2024, the Republic of Kenya committed to consult and revert during the 38th RMC. |
|
|
NTB-001-208 |
5.15. Other |
2024-05-01 |
Uganda: Fish protection unit |
Kenya |
In process |
View |
|
Complaint:
|
Uganda is intercepting fish export from Kenya which is in transit to DRC on grounds that Kenya is transferring immature fish that is not accepted in Uganda.
The fish protection unit in Uganda opens the goods on transit in the sealed containers which is against the provisions of goods in transit. |
|
|
Progress:
|
The RMC of 17th October 2024, noted that this act is against Trade Facilitation Laws on goods in Transit and urged the Republic of Uganda to respect the free movement of transit cargo and allow transit fish from RSS, Kenya and Tanzania to transit freely to DRC. Transit goods should not be subjected to TBT regulations under the WTO Agreement of Trade Facilitation and EAC Instruments.
The Republic of Uganda committed to follow up with relevant institutions to allow transit trucks carrying fish to go through Ugandan territory without any restrictions or interceptions in the Uganda territory. |
|
|
NTB-001-206 |
2.7. International taxes and charges levied on imports and other tariff measures |
2024-08-31 |
Kenya: Kenya Revenue Authority |
Uganda |
New |
View |
|
Complaint:
|
Kenya granted a lower tariff rate of 25% on alcohol imports from the United Kingdom under their Economic Partnership Agreement (EPA), a move that contravenes the spirit of the East African Community (EAC) and the Common External Tariff (CET) framework. The CET for alcohol within the EAC region is set at 35%, and this preferential treatment for UK imports creates a significant inconsistency in the application of regional trade policies.
This action undermines the principles of the EAC Customs Union, which promotes uniformity in tariff application to enhance regional integration and fair trade among partner states. The granting of preferential tariffs to non-EAC countries could distort competition and negatively impact regional businesses, highlighting the need for adherence to the established CET structure within the EAC.
It is crucial for this issue to be addressed to uphold the integrity of the EAC trade framework and ensure equal treatment for all partner states in line with the objectives of the community. |
|
|
Progress:
|
On 20 October 2024, the EAC NTB Unit reported that the meeting noted that while it was true that Kenya signed an EPA with the EU. The Partner State was yet to commence trade under that agreement. The meeting was informed that there are modalities under which such goods shall be treated once they are imported into the Community and hence it shall become an NTB once trade starts and affects East African Partner States. There is no proof of an NTB as yet. |
|
|
NTB-001-205 |
2.3. Issues related to the rules of origin |
2024-07-01 |
Uganda: Busia |
Kenya |
In process |
View |
|
Complaint:
|
Uganda's denial of market access of biscuit and wafers manufactured and transferred into Uganda by Sunveat Industries of Kenya. Reason being that wheat flour materials supplied by Kenblest LTD benefited from imported wheat under Duty Remission Scheme (DRS) |
|
|
Progress:
|
The RMC of 17th OCTOBER 2024 noted that the Republic of Uganda had written to the Republic of Kenya requesting some information that would guide them to make an informed decision but the letter had not been responded to. The Republic of Kenya committed to respond to URA on the information requested. |
|
|
NTB-001-204 |
2.9. Issues related to transit fees |
2024-10-01 |
Rwanda: Gatuna |
Uganda |
In process |
View |
|
Complaint:
|
Republic of Rwanda is charging un harmonized flat rates for vehicles transiting through the Rwanda borders. This is against the agreed principle of distance x weight for transit vehicles.
Uganda is upholding the principle of distance*weight.
|
|
|
Progress:
|
The RMC of 17th October 2024 was informed that the NTB on discriminatory road user charges was considered by the 45th Council of Ministers which noted the following submission from Partner States:
The Republic of Rwanda informed the Council that:
a) The decision of TCM to calculate the Road User Charges based on weight and distance is discriminatory in nature. It favours big states and discriminates against smaller ones. In view of the above, Rwanda being a small state and landlocked as well cannot accept being punished based on its size.
b) The EAC Partner States had gone beyond this level by harmonizing fees and charges. The harmonization of charges, Levies and fees is ongoing. From 1 7 to 21 June 2024 in Entebbe - Uganda, the Community convened a regional meeting to identify and compile Fees, Levies and charges in Agriculture and Transport Sectors. The Republic of Rwanda proposes to continue in the same spirit of harmonizing charges and fees by putting in place flat rates.
c) That Road User Charges which are calculated based on axle load and distance should only apply to cargo trucks which originate from non-EAC Partner States i.e. SADC & COMESA Countries. EAC Partner States should enjoy equal benefits of regional integration by removing anything identified as barriers
d) That high transportation costs, including levies, fees, and charges, result in higher final prices, impacting businesses, trade, and end consumers, particularly in landlocked countries.
e) There is a need for the EAC to agree on fair and fact-based Road User Charges, not only focusing on micro-level factors like axle load/weight and distance but also considering other factors that favour all of us as a region
f) There is a need to do a study to determine the impact of the Road User Charges on the EAC economies.
The Republic of Burundi informed the Council that:
a) The bilateral meeting between the Republic of Burundi and the United Republic of Tanzania as directed by the TCM has not yet been convened by the Secretariat; and
b) They were still consulting on the matter.
The Council therefore observed that:
a) Road User Charges are intended for infrastructural development and maintenance, end-to-end facilitation of transportation, and not revenue; and
b) All the Partner States participated in the meeting of the SC TCM that adopted the proposals and recommendations of SC TCM on harmonisation of Road User Charges.
The Sectoral Council (TCM) Directed:
a) Partner States to apply the distance + weight (axles) charging principle;
b) Partner States that use flat rates to abolish them and adopt distance + weight (axles) charging principle.
c) Partner States to charge Road User Charges based on the following three categories of vehicles:
• Buses;
• Trucks of three or less axles; and
• Heavy Goods Vehicles of more than three axles (truck with a drawbar trailer or articulated vehicles/semi-trailers);
d) Partner States applying COMESA harmonised rates between themselves to continue doing so;
e) Partner States to reciprocate the distance + weight (axles) rates charged by counterpart states;
f) The Secretariat to prepare Terms of Reference for a study to review the existing Road User Charges and develop harmonised charging formulas to be applicable in the EAC;
g) Secretariat to mobilise funds for the study in (vi) above;
h) Foreign registered vehicles to be charged RUCs on the basis of a round trip from the point of entry to the destination and back provided the destination is within the country of entry;
i) Partner States to always display the gazetted RUC rates at all points of entry; and
j) Partner States to prepare a schedule of distances and their respective computed charges from their point of entry to various destinations within their respective territories and display them at all points of entry.
The Council directed the Secretariat to refer the Harmonization of Road User Charges in the Community back to the Sectoral Council on Transport Communication and Meteorology (TCM) for consideration and report back to the 46th meeting of Council (EAC/CM 45/ Directive 56).
As per the directives of TCM, there are two Road User Charges adopted in the Community.
(i) distance + weight (axles) rates
(ii) COMESA harmonised rates of USD 10 per 100 KM
The Republic of Rwanda committed to consult and revert during the 38th RMC. |
|
|
NTB-001-203 |
5.3. Export taxes
Policy/Regulatory |
2023-04-12 |
Malawi: Malawi Revenue Authority |
Zambia |
In process |
View |
|
Complaint:
|
Malawi Laundry & confectionary imports into Zambia are levied MK20,000 to MK25,000 per invoice, where
Zambian products going to Malawi are charged with 13-27% (MBS, Surcharge, Excise duty). |
|
|
Progress:
|
NFPs for the two countries to hold bilateral meeting by August 2024. This issue was also discussed during bilateral meeting held in Addis Ababa at the 4th NTBs Forum . Malawi to report progress from internal consultations. |
|
|
NTB-001-202 |
8.8. Issues related to transit |
2024-09-16 |
Uganda: Elegu |
Tanzania
(Kenya) |
In process |
View |
|
Complaint:
|
Uganda through the Fisheries Protection Unit intercepted fish from South Sudan at Pakwach Check Point and Elegu One Stop Border Post, breaking seals and inspecting fish which is in transit to DRC, on the grounds that RSS is transferring immature fish that are not accepted in Uganda. |
|
|
Progress:
|
The RMC of 17th October 2024, noted that this act is against Trade Facilitation Laws on goods in Transit and urged the Republic of Uganda to respect the free movement of transit cargo and allow transit fish from RSS, Kenya and Tanzania to transit freely to DRC. Transit goods should not be subjected to TBT regulations under the WTO Agreement of Trade Facilitation and EAC Instruments.
The Republic of Uganda committed to follow up with relevant institutions to allow transit trucks carrying fish to go through Ugandan territory without any restrictions or interceptions in the Uganda territory. |
|
|
NTB-001-201 |
2.4. Import licensing |
2024-07-16 |
Zimbabwe: Ministry of Trade |
Malawi |
New |
View |
|
Complaint:
|
In June 2024, a member of Malawi Confederation of Chambers of Commerce and Industry, Nuline Textiles Blanket Manufacturers Limited, entered into an agreement with a Zimbabwean company, Middlefield Investment Pvt. Ltd, to supply them with blankets.
Starting on July 11, 2024, Nuline Textiles Blanket Manufacturers Limited completed all the necessary procedures in Malawi to facilitate the export of blankets to Zimbabwe under the COMESA trade agreement to ensure they would receive preferential treatment. On July 16, 2024, the Export Bill of Entry No. E 3645 (dated July 15, 2024) was released by Customs in Malawi, and the consignment was loaded onto Truck No. NE 10666 / NE 10702.
However, on the same day, just as the truck driver was about to depart, Nuline Textiles received a call from their client in Zimbabwe, instructing them to hold off on the shipment. The following day, the client, Middlefield Investment Pvt. Ltd, informed Nuline Textiles that the blankets required an import permit or license, which the client had not yet obtained. They assured Nuline Textiles that they were working to secure the permit as quickly as possible.
On July 18, 2024, Middlefield Investment Pvt. Ltd requested additional time to work on obtaining the import license and asked Nuline Textiles to offload the truck and return the blankets to their warehouse.
As of today, the import license has still not been secured. We request the Ministry of Trade in Zimbabwe to assist on this.
|
|
|
NTB-001-200 |
2.4. Import licensing |
2024-07-16 |
Zimbabwe: Ministry of Trade |
Malawi |
New |
View |
|
Complaint:
|
In June 2024, a member of Malawi Confederation of Chambers of Commerce and Industry, Nuline Textiles Blanket Manufacturers Limited, entered into an agreement with a Zimbabwean company, Middlefield Investment Pvt. Ltd, to supply them with blankets.
Starting on July 11, 2024, Nuline Textiles Blanket Manufacturers Limited completed all the necessary procedures in Malawi to facilitate the export of blankets to Zimbabwe under the COMESA trade agreement to ensure they would receive preferential treatment. On July 16, 2024, the Export Bill of Entry No. E 3645 (dated July 15, 2024) was released by Customs in Malawi, and the consignment was loaded onto Truck No. NE 10666 / NE 10702.
However, on the same day, just as the truck driver was about to depart, Nuline Textiles received a call from their client in Zimbabwe, instructing them to hold off on the shipment. The following day, the client, Middlefield Investment Pvt. Ltd, informed Nuline Textiles that the blankets required an import permit or license, which the client had not yet obtained. They assured Nuline Textiles that they were working to secure the permit as quickly as possible.
On July 18, 2024, Middlefield Investment Pvt. Ltd requested additional time to work on obtaining the import license and asked Nuline Textiles to offload the truck and return the blankets to their warehouse.
As of today, the import license has still not been secured. |
|
|
NTB-001-199 |
1.8. Import bans |
2024-06-20 |
Democratic Republic of the Congo: Ministry of External Trade |
Uganda |
In process |
View |
|
Complaint:
|
The Democratic Republic of Congo (DRC) has instituted a suspension on the transfer of grey cement and clinkers to its Western and Eastern regions. This action raises concerns as it disrupts trade flows and hinders the movement of these essential construction materials within the region.
Such a suspension could have broader implications for trade and economic cooperation within the region, affecting both producers and consumers. The measure may also contravene regional trade agreements aimed at facilitating the free movement of goods, as outlined in the East African Community (EAC) protocols, and could undermine the spirit of regional integration.
A review of this suspension is essential to ensure the continued trade of critical materials and to uphold the principles of regional cooperation.
|
|
|
Progress:
|
DRC informed the RMC meeting of 17th October 2024 that the measure is temporary based on WTO Law on Safeguard measures and is meant to protect domestic industries.
The RMC meeting noted that even based on WTO Rules, DRC had not followed the right procedures for the application of the safeguard measures as there was no investigation done to show proof of serious injury or threat to injury caused to DRC factories by the excess transfer of drinks from other Partner States and there was no investigation done to establish the causal link between the closure of the factories and the transferred of goods from EAC Partner States.
The meeting further observed that DRC is a member of EAC and any safeguards measures taken should be per the EAC Customs Union Protocol Safeguard Measures stipulated under Article 19. |
|
|
NTB-001-197 |
1.8. Import bans |
2024-09-11 |
Democratic Republic of the Congo: Ministry of External Trade |
Uganda |
In process |
View |
|
Complaint:
|
The Democratic Republic of Congo (DRC) suspended the transfer of soft drinks and beer from other countries, citing that only products from nations with bilateral agreements will be accepted. This suspension directly contravenes the spirit of the East African Community (EAC) and its commitment to fostering free trade and economic cooperation among Partner States.
The Memorandum of Understanding (MOU) that limits acceptance of products to those from countries with bilateral agreements undermines the EAC's principles of regional integration and free movement of goods. It creates unnecessary trade barriers and hinders the seamless exchange of goods between EAC Partner States, which is fundamental to the EAC Customs Union's objectives.
Addressing this issue is critical to ensuring that all EAC partner States can trade without restrictions and continue to benefit from the shared economic goals outlined in the EAC Treaty. |
|
|
Progress:
|
DRC informed the RMC meeting of 17th October 2024 that the measure is temporary based on WTO Law on Safeguard measures and is meant to protect domestic industries.
The RMC meeting noted that even based on WTO Rules, DRC had not followed the right procedures for the application of the safeguard measures as there was no investigation done to show proof of serious injury or threat to injury caused to DRC factories by the excess transfer of drinks from other Partner States and there was no investigation done to establish the causal link between the closure of the factories and the transferred of goods from EAC Partner States.
The meeting further observed that DRC is a member of EAC and any safeguards measures taken should be per the EAC Customs Union Protocol Safeguard Measures stipulated under Article 19. |
|
|
NTB-001-193 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2023-12-10 |
Botswana: Instructions provided to the Rwanda's commercial agent based in Botswana |
Rwanda |
New |
View |
|
Complaint:
|
Requirement by Botswana authority in charge of food imports that Rwanda needs to provide a " Free Sale certificate" prior to exporting coffee to Botswana. The issue is that such certificate is not required in 20 countries where Rwanda is exporting coffee globally. In addition, there is no institution in Rwanda that issues such certification. |
|
|
Products:
|
0901: Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion. |
|
|
NTB-001-191 |
1.15. Other |
2024-05-20 |
South Africa: Ficksburg Bridge |
Lesotho |
New |
View |
|
Complaint:
|
I am writing on behalf of Mind Health, a Lesotho-registered company actively engaged in the research and development of medicinal products. We are currently collaborating with the University of the Free State (UFS) in South Africa to conduct studies on one of our products. This relationship is critical for advancing our work in the medicinal sector, a key area of growth for Lesotho.
However, we have encountered significant challenges due to the implementation of Section 4.8 of the Guideline for the Importation and Exportation of Medicines (Regulatory Compliance Unit) by SAHPRA. The guideline requires the use of specific ports of entry, namely Cape Town, Port Elizabeth, Durban, and OR Tambo International Airport, for the export of medicines. Consequently, we are prohibited from using more practical and geographically closer border posts such as the Maseru Bridge or Ficksburg Bridge.
Given Lesotho's landlocked nature and the fact that the University of the Free State is only 227 km from our facility, this regulation has drastically inflated the cost of exporting small quantities of medicinal samples. For instance, we are now compelled to fly samples from Maseru to OR Tambo, have them cleared by customs, and then transport them by road back to the university—a total of 424 km. What would have cost us a few hundred rand using nearby border posts now costs several thousand rand. Additionally, this significantly increases shipment times, delaying our research and impacting the efficiency of our studies. |
|
|
NTB-001-190 |
2.4. Import licensing |
2024-08-30 |
Malawi: Ministry of Trade |
Kenya |
New |
View |
|
Complaint:
|
I am writing to bring to your attention an important issue concerning the trade of Kenyan sweets. Recently, the government of Malawi has imposed restrictions on the importation of sweets from Kenya. This action has raised significant concerns, particularly because it appears to contravene the trade agreements under the Common Market for Eastern and Southern Africa (COMESA), to which both Kenya and Malawi are signatories. Additionally, there is an entry for goods to be exported however the customer could not manage to import the goods. We are concerned on the potential impact on trade relations within the COMESA region.
The restriction not only affects our trade dynamics but also sets a concerning precedent for the implementation of COMESA agreements. It is crucial for us to address this issue promptly to ensure that regional trade agreements are upheld and that such trade barriers do not hinder economic cooperation and growth within our region.
We kindly request the COMESA secretariat to review the attached documents and consider the following actions:
Engagement with Relevant Authorities: Facilitate discussions with Malawian trade officials to seek clarification and resolution regarding the export restrictions.
Support for Kenyan Exporters: Provide guidance and support to affected Kenyan manufacturers and exporters to navigate this situation.
Advocacy for Compliance with COMESA Agreements: Advocate for adherence to COMESA regulations and work towards resolving any discrepancies that may arise.
Your prompt attention to this matter would be greatly appreciated. We believe that with collective effort, we can address these trade challenges effectively and reinforce the commitment to regional economic integration.
Thank you for your cooperation and support. |
|
English
Français
