| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
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NTB-001-199 |
1.8. Import bans |
2024-06-20 |
Democratic Republic of the Congo: Ministry of External Trade |
Uganda |
In process |
View |
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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.
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Progress:
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1. 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.
2.The meeting observed that when the Democratic Republic of Congo joined the Community a roadmap was developed to help the Democratic Republic of Congo to be integrated into EAC Projects and Programmes. Democratic Republic of Congo should commence implementation of the roadmap and comply with EAC Laws, among others, the Customs Union Protocol to allow free movement of goods. The Sectoral Council on Trade, Industry, Finance and Investment urged Democratic Republic of Congo to lift the ban on cement and clinker from the EAC Partner States as it contravenes the EAC Treaty and report to the 46th Sectoral Council for Trade, Industry, Finance and Investment (EAC / SCTIFI 45 / Directive / 52). |
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NTB-001-180 |
1.15. Other |
2024-06-17 |
South Africa: Maseru Bridge |
Lesotho |
New |
View |
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Complaint:
|
MG Health Ltd cultivates and manufactures cannabis products for the European market. We started exporting Cannabis and transiting via Maseru Bridge since September 2020. On the 17 July 2024, after getting all export documents and submitting them to SARS on the South African side we were informed that Cannabis cannot be exported via Maseru Bridge as it not amongst designated ports according to South African law. MG Health's truck was then returned to Lesotho.
MG health initiated Meetings thereafter and the response that MG Health received was that this practice that MG Health and others who are in the same industry are accustomed to was a measure adopted during COVID-19 restrictions. It was explained to SARS that Lesotho is landlocked as a result the consignment will have to be flown out to get to OR Tambo. Secondly, given the quantities that are exported, using available flights will require multiple flights for just one consignment thus making the export process difficult and expensive. SARS response was that Medical Cannabis must be exported using designated ports irrespective of whether it is in transit or it is being exported to SA as the SA law is very clear on this matter and MG Health cannot make reference to Article 16 SACU Agreement. |
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Products:
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5302.90: True hemp "Cannabis sativa L.", processed but not spun; tow and waste of hemp, incl. yarn waste and garnetted stock (excl. retted hemp) |
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NTB-001-191 |
1.15. Other |
2024-05-20 |
South Africa: Ficksburg Bridge |
Lesotho |
New |
View |
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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. |
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NTB-001-167 |
5.5. Import licensing requirements |
2024-05-16 |
South Africa: All border crossings by road, air or sea |
Namibia |
New |
View |
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Complaint:
|
Nakara (pty) , a Namibian company formally requests a dispensation from the South African Veterinary (SA VET) import permit required for imports of Namibian finished leather. Nakara (pty) Ltd, a Namibian tannery, has maintained an unblemished record and has never been implicated in any wrongdoing in the past. However, due to the current regulatory framework, we find ourselves inadvertently impacted by the necessity of the SA VET import permit on Namibian leather exports. It is important to note that no other country imposes such a requirement on imports of finished leather into South Africa. South Africa is Nakara's biggest export market and the aforementioned unnecessary NTB puts Nakara into a competitive disadvantage. A disadvantage that hinders further growth in the trade relationship between Namibia and South Africa in the leather sector, both being members of the SADC region. |
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Products:
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4107.99: Leather "incl. parchment-dressed leather" of the portions, strips or sheets of hides and skins of bovine "incl. buffalo" or equine animals, further prepared after tanning or crusting, without hair on (excl. unsplit full grains leather, grain splits leath |
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NTB-001-168 |
3. Technical barriers to trade (TBT)
B11: Prohibition for TBT reasons |
2024-05-14 |
South Africa: Maseru Bridge |
Lesotho |
New |
View |
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Complaint:
|
We have been told by Port Health via SAHPRA that as per regulations 6 & 7 of the Medicines Control Act of 1965, we are no longer allowed to transport medications to our customers in Eswatini by road In- transit through South Africa. This is despite the fact that we have done so since May of 1990 up 13 May 2024. We have 2 order ready, packed and waiting to be supplied, but we are being prevented from making declarations to deliver to our customers.
This summary decision to prevent Trade with Eswatini is totally unacceptable. We ask for your help to resolve this issue urgently! |
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Products:
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3003.10: Medicaments containing penicillins or derivatives thereof with a penicillanic acid structure, or streptomycins or derivatives thereof, not in measured doses or put up for retail sale, 3003.20: Medicaments containing antibiotics, not in measured doses or put up for retail sale (excl. medicaments containing penicillins or derivatives thereof with a penicillanic acid structure, or streptomycins or derivatives thereof) and 3003.31: Medicaments containing insulin, not in measured doses or put up for retail sale |
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NTB-001-178 |
8.8. Issues related to transit |
2024-05-13 |
Uganda: kasindi |
Democratic Republic of the Congo |
In process |
View |
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Complaint:
|
On May 13, 2024 the vehicles of certain economic operators transporting salted fish from South Sudan, Kenya and Tanzania in transit through Uganda destined for the DRC are blocked in Uganda. The reason given by the protection unit was that these vehicles transported small fish whose marketing was formally prohibited in Uganda |
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Progress:
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1. 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.
2.The Senior Officials noted that the act was against Trade Facilitation Laws on goods in Transit 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 Democratic Republic of Congo. Transit goods should not be subjected to TBT regulations under WTO Agreement of Trade Facilitation and EAC Instruments.
The Republic of Uganda informed the Senior Officials that an investigation has been commissioned and is committed to follow up with relevant institutions to allow transit trucks carrying fish to Democratic Republic of Congo to go through the Uganda territory without any restrictions or interceptions.
The Sectoral Council on Trade, Industry, Finance and Investment urged the Republic of Uganda to agree fish on transfer to the Democratic Republic of Congo and other Partner States right of passage without any restrictions by 31st December 2024 and report to the 46th Sectoral Council for Trade , Industry, Finance and Investment (EAC / SCTIFI 45 / Directive / 50). |
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NTB-001-179 |
8.8. Issues related to transit |
2024-05-01 |
Uganda: Government officials |
Tanzania |
In process |
View |
|
Complaint:
|
Mpondwe Border Government Officials forcefully offload transit cargo for Tanzania traders.
In May 2024, Government Officials from the Republic of Uganda intercepted processed salted fish from Tanzania in transit to the Democratic Republic of Congo at the Mpondwe Border and were forced to break the seal of the cargo and sell the fish at the Mpondwe market. This is against Trade Facilitation Laws on how to treat Goods in Transit and led to great loss to Tanzanian traders in terms of capital and market. |
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Progress:
|
1. 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.
2.The Senior Officials noted that the act was against Trade Facilitation Laws on goods in Transit 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 Democratic Republic of Congo. Transit goods should not be subjected to TBT regulations under WTO Agreement of Trade Facilitation and EAC Instruments.
The Republic of Uganda informed the Senior Officials that an investigation has been commissioned and is committed to follow up with relevant institutions to allow transit trucks carrying fish to Democratic Republic of
Congo to go through the Uganda territory without any restrictions or interceptions.
The Sectoral Council on Trade, Industry, Finance and Investment urged the Republic of Uganda to agree fish on transfer to the Democratic Republic of Congo and other Partner States right of passage without any restrictions by 31st December 2024 and report to the 46th Sectoral Council for Trade , Industry, Finance and Investment (EAC / SCTIFI 45 / Directive / 50). |
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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. |
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Progress:
|
1. 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.
2.The Senior Officials noted that the act was against Trade Facilitation Laws on goods in Transit 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 Democratic Republic of Congo. Transit goods should not be subjected to TBT regulations under WTO Agreement of Trade Facilitation and EAC Instruments.
The Republic of Uganda informed the Senior Officials that an investigation has been commissioned and is committed to follow up with relevant institutions to allow transit trucks carrying fish to Democratic Republic of Congo to go through the Uganda territory without any restrictions or interceptions.
The Sectoral Council on Trade, Industry, Finance and Investment urged the Republic of Uganda to accord fish on transfer to the Democratic Republic of Congo and other Partner States right of passage without any restrictions by 31st December 2024 and report to the 46th Sectoral Council for Trade, Industry, Finance and Investment (EAC / SCTIFI 45 / Directive / 50). |
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NTB-001-164 |
8.8. Issues related to transit |
2024-04-26 |
Mozambique: |
Lesotho |
In process |
View |
|
Complaint:
|
I was about to clear my stuff by the Border at Komatiport or Lebombo border post when the Police man of Mozambique by the name of Maphosa asked me to check my truck then asked for papers for the vehicle, my license, car insurance and important documents on my file, I gave him everything he wanted. He said I should clear my stuff and come back to him.
I went for clearing but then I was asked to bring truck papers and license, at that time Maphosa was no where to be found, I asked some police men about him but they said he is in Maputo and I have to go back to Maputo to fetch my things at the police station but never mentioning which police station should I go to, I had to leave all my goods at alfandegars storeroom which is renting even now.
I drove back to Lesotho without my license and some documents and luggages because the clearing could not be completed since the truck papers and my license were not available due to that Police officer. |
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Progress:
|
On 18 June 2024, Mozambique Focal Point reported that they had conducted a thorough investigation and provided following updates:
The police officer involved in the incident, was located and as a result of official inquiries, they successfully retrieved the driver's license, which was available for collection any time upon arrangement with Mozambican focal Point.Furthermore, there is an ongoing process to hold Officer Maphosa accountable for his actions, in accordance with applicable laws and regulations.
Following an inquiry by the Traffic Police Department of the PRM in collaboration with Customs at Ressano Garcia, it has been determined that the seizure of your goods was not related to the absence of a driver's license. The actual cause of the seizure was the lack of authorization from the Regional Director of Customs for exportation, absence of a customs broker, and missing invoice for the goods. |
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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 |
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NTB-001-156 |
8.7. Costly Road user charges /fees |
2024-03-09 |
Rwanda: Rusumo |
Tanzania |
In process |
View |
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Complaint:
|
Republic of Rwanda is charging USD 270 from Rusumo border to Kigali which is equivalent to USD 80.83 per 100KM, while Tanzania is charging USD 10 per 100KM.This is against the agreed principle of distance x weight for transit vehicle. |
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Progress:
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1. On 29 April 2024, Rwanda Focal Point reported that : 'Considering the financial implication of these rates, Rwanda was still reviewing this proposal pending the finalization of the EAC study on harmonization of RUC. However, Rwanda will engage URT bilaterally to discuss how to resolve this outstanding issue.
2.The 36th RMC was informed that the charge amounts to 70 USD and is also affecting the Republic of Kenya. The RMC also noted that it is an obligation of the Government to offer security in the Country and it should not be at the expense of the traders. RSS should stop collecting this fee which is not in the RSS Laws and do not attach it to the process of the RTF on the fees, levies and charges. |
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NTB-001-165 |
6.2. Administrative fees |
2024-03-01 |
Kenya: Kajiado |
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New |
View |
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Complaint:
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Namanga/Kajiado Country charges 2,000Ksh for all Burundi cargo trucks transition Kenya |
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NTB-001-152 |
8.8. Issues related to transit |
2024-02-07 |
Tanzania: Dar-es-Salaam Port |
Zambia |
New |
View |
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Complaint:
|
All the Private Inland Container Depot Operators at Dar Port are refusing to discharge the vessel Ladonna MV for onward delivery of shipment to Zambia and DRC. Private Inland Container Depot Operators that were willing to discharge the vessel have been threatened by trading competitors to the current vessel owner/trader who is a new entrant in the regional market with total loss of current business if they discharged this vessel Dar Port. This is a clear violation of the WTO-TFA (World Trade Organization Trade Facilitation Agreement), AU (African Union), Comesa/SADC Regional protocols and agreements as well as individual Bi-lateral agreements relating to Trade Facilitation. Zambia has worked hard to secure this business to supply chemicals to the World Largest Copper Producer DRC in order to boost regional exports and promote continental economic growth. However, the private sector in Tanzania are now blocking these efforts despite the government working so hard to restore Dar Ports Image as the preferred port of choice on the Eastern Coast of Africa. These actions have potential to make serious negative impact to all 3 countries Tanzania, Zambia & DRC and overall the African Continent and therefore should be addressed to minimize the high costs of doing business. |
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Products:
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2503: Sulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidal sulphur. |
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NTB-001-153 |
2.3. Issues related to the rules of origin |
2024-01-26 |
Zambia: ZAMBIA REVENUE AUTHORITY |
Tanzania |
New |
View |
|
Complaint:
|
The ZB Card company shipped a shipment to Zambia at the end of January which is subject to the original SADC laws. When you arrived at ZRA, they refused to allow it, claiming that the HS Code is incorrect, so they ordered ZB Card to change it. ZB Card did that but ZRA has rejected the CoO claiming that it is not authentic. We have contacted TCCIA so that they can confirm its authenticity and TCCIA has done so but since 10/02/2024 there has been no success |
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NTB-001-169 |
7.2. Discrimination |
2024-01-01 |
Burundi: Rugerero |
Tanzania |
In process |
View |
|
Complaint:
|
Republic of Burundi is charging USD 152 Flat rate on Road user Charges from Kobero/Kabangato Bujumbura which is equivalent to USD 65.5 per 100KM, While Tanzania is charging USD 10 per 100KM. This discriminatory charge is contrary to directives made on the 18th Meeting of Sector Council on Transport,Communication and Meteorology |
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Progress:
|
Directives from 18th Sectoral Council on TCM:
The 18th 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 harmonized 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 harmonized charging formulas to be applicable in the EAC;
(g) Secretariat to mobilize 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 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.
Updates from the 45th Council of Ministers:
The NTBs on Road User Charges were also 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 favors 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 favor 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 Sectoral Council on TCM that adopted the proposals and recommendations of the Sectoral Council on TCM on harmonization of Road User Charges.
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).
Update from the 19th Sectoral Council on TCM:
The 19th Sectoral Council on TCM considered the matter and received inputs from Partner States as follows:
United Republic of Tanzania
Tanzania provided a presentation containing the background, findings and recommendations on the issues of Road User Charges as follows:
(i) Prior to the 18th TCM, United Republic of Tanzania was charging a rate of USD 16 / 100km for vehicles over three axles and USD 6 / 100 km for vehicles of up to 3 axles;
(ii) After the 18th TCM, United Republic of Tanzania reviewed her rates to USD 10 / 100km for vehicles above three axles and USD 06 / 100 km for vehicles below three axles
(iii) Under the road-user principle, road users are supposed to pay RUCs to compensate damage caused by vehicles;
(iv) There is need for non-discriminatory charging for road users from foreign vehicles;
(v) Studies reveal that the principles to be used to calculate RUCs should be foreign operators to pay for road use; non-discrimination and charges related to damage caused on the road infrastructure.
Uganda
Uganda submitted that:
(i) All roads are paid for by citizens through taxes and there are no free roads
(ii) Roads have a design life, and the main cause of deterioration is the weight (load carried by vehicles), and the distance moved. The heavier the weight carried the more the degradation and the longer the distance the more the degradation; hence the higher the repair costs required;
(iii) Road user charges are not profits for utilization of the roads but a contribution for the maintenance and repair of the roads;
(iv) The position of the 18th Sectoral Council of TCM is not discriminatory at all as it stipulates that whoever degrades the roads should meet a proportionate contribution to their repair and maintenance; moreover, all Partner States were involved in making that decision;
(v) The weight + distance consideration in the road user charge is an equitable basis for contributing to the maintenance and repair of roads;
(vi) Tanzania has already carried out a study similar to the one being proposed by some Partner States whose results were shared in the meeting, and they support the weight + distance basis for determining the road user charges;
(vii) Deferring the decision on the user charges will cause an unnecessary vacuum which will have serious effects in the road sector; the largest mode of transport at the moment.
The Republic of Uganda therefore supports the position of the 18th TCM.
Burundi
Burundi was of the view that landlocked countries should not be disadvantaged to access the world markets through high transit charges along coastal countries. The fixed rate for RUCs should be maintained. The RUCs include fuel levy for road maintenance, vehicle license fees, international transit fees and others such as congestion fees. The concern raised by Burundi is that RUC should be restricted to transit fees. The road user from neighboring countries pay for damage to the road network is catered for by the fuel levy.
Rwanda
Rwanda was of the opinion that the rates should be determined by the Committee responsible for fees, charges and levies since that committee handles all sectors of the economy that includes all modes of transport. What was needed was the timeline within which to harmonize the charges. The charges incurred by transporters are actually borne by the citizens, who are the end users of the cargo being transported.
Kenya
Kenya supports the directives of the 18th TCM. However, EAC Secretariat was supposed to prepare TORs for a regional study on harmonized RUCs. Alternatively, the study could be done by a TWG. Through a bilateral arrangement, Kenya and Tanzania harmonized their charges to comply with COMESA rates. But the proposed study by the Secretariat should take into account the principals. further, the quality of roads in the region are not the same, hence there was a need to harmonize the road quality standards so that the cost of maintenance of roads is similar for all countries.
The Secretariat clarified that the draft TORs had been prepared but needed to be updated and submitted to Partner States for review in two weeks. Regarding the modality for the study, the TCM had agreed that the study be carried out by an independent consultant oversighted by a technical working group. The issue of RUCs is also an agenda in SADC and COMESA and, therefore, is a Tripartite issue. Currently discussions are ongoing with the EU and TMA, and it is hoped that a solution will be found.
Conclusion
Uganda, Kenya and Tanzania were of the opinion that the principles of charging agreed by the 18th TCM (distance + weight) should be maintained, as the region awaits the outcome of the study by the Secretariat. However, Rwanda and Burundi positions are that the charges should be further analyzed by the Committee on rates, fees and levies.
The meeting noted that the 19th TCM among others reiterated its directive to Partner States applying the COMESA rates on RUCs as directed by the 18th TCM (EAC / TCM 19 / Directive 08).
The Republic of Rwanda and Republic of Burundi were of the view that the study should come first before implementation of the TCM Directives.
Permanent / Principal / Under Secretaries noted the need for the study by TCM on harmonization of road user charges, as they have direct impact on the cost of doing business in the Region and be subjected to the joint consideration by the Sectoral Council on TCM and SCTIFI.
The Sectoral Council on Trade, Industry, Finance and Investment took note of the directives of the Sectoral Council on Transport, Communications and Meteorology on the harmonized road user charges; and recommended to Council to direct the Secretariat to convene a joint meeting of the Sectoral Council of the Sectoral Council on Transport, Communications and Meteorology and Sectoral Council on Trade, Industry, Finance and Investment to consider the recommendations of the study on the harmonization of road user charges once finalized by the Sectoral Council on Transport, Communications and Meteorology (EAC / SCTIFI 45 / Directive / 47). |
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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. |
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Products:
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0901: Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion. |
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NTB-001-155 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2023-11-03 |
Egypt: Egyptian Tax Authority |
Zambia |
In process |
View |
|
Complaint:
|
On November 3, 2023, the Egyptian Official Gazette published Law No. 177 of 2023 amending provisions of the Value Added Tax Law promulgated by Law No. 67 of 2016, including the provisions related to the tiers of cigarette taxation. The amendments to Serial 1/B of Law No. 177 of 2023 bluntly prohibits imported cigarettes from of the first tier and restricts them to “cigarettes produced by local factories”, which favors and gives preferential treatment to local products.
It is worth noting that the addition of the aforementioned provision has significant repercussions on the competitive ability of other companies, especially that the first tier has the lowest priced cigarettes in the market and are more economical for citizens. Consequently, this contradicts COMESA national treatment article, causing harm through the discrimination of specific products that may lead to market monopolization.
Various companies manufacture their brands in factories in COMESA member states and import and sell it in Egypt. However, the recent tax amendments that imposed a value-added tax on low-priced cigarettes prevent companies from importing cigarettes and limits sales to local production. |
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Progress:
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1. Egypt to respond on the NTB with Zambia on the online reporting system by 1st Week of June 2024
2. During the NTBs workshop held from 17 -19 April 2024, the Egypt and Zambia agreed that this issue would form part of the agenda for the proposed bilateral meeting. The dates for the bilateral meeting to be facilitated by the Secretariat would be determined by the two Countries.
3. On 7 May 2024, Egypt Focal Point reported that consultations with the relevant national authorities were ongoing, and Egypt would provide updates as soon as possible.
4. On July 22, 2024, the Secretariat had a meeting with the exporter after receiving a reminder on the NTB dated 3rd July 2024. The aim of the meeting was to get the gist of the NTB and share other necessary information to start facilitating the resolution of the NTB.
5. As a policy issue, the NTB was escalated to Stage 1 on cooperation and elimination of NTBs under the COMESA Regulations on NTBs Elimination and on 26 August 2024, Zambia was advised to formally request the Secretariat to facilitate the bilateral meeting on behalf of the exporter. This comes after Zambia reported that she wrote to the Egyptian Embassy regarding the NTB but there was no immediate response and that was concerning as the matter was very urgent.
6. In a letter dated 2 September 2024, Zambia requested the Secretariat to facilitate a bilateral meeting between the two countries. The Secretariat has started preparation for the bilateral meeting including drafting a letter to Egypt and developing a draft agenda for the bilateral meeting between the two Member States. |
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NTB-001-146 |
2.8. Lengthy and costly customs clearance procedures |
2023-11-01 |
Mozambique: Maputo Port |
Zimbabwe |
In process |
View |
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Complaint:
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Our Company , Blackwood Hodge Zimbabwe , (PVT. LTD) have been importing Vehicles using Maputo Port and never had challenges with customs since all paper work and documentation is always in order .We are the official distributors of Tata Motors commercial Vehicles here in Zimbabwe. We are a registered company here in Zimbabwe since 2007 and Trading as Blackwood Hodge Zimbabwe limited.
As per our supplier Invoice number 750966093 and BL number MOLU18005431182 DT. 30.09.2023 for one Unit LP 909 40-Seater Bus with Chassis number MAT382042P8R10426 was dispatched from Mumbai port, India via Vessel Eternal Ace to Maputo Port. The Vessel was docked on date- and all the Relevant procedures were done by our representative Payflex Trading Lda RUA ROMAO FERNANDES FARINHA NO:75 1ST FLOOR SUITE NR. 8ALTO MAE B. MAPUTO MOZAMBIQUE NUIT: 400379394 GIVEMORE GURI MOB 879304844 / 849304844.
We are writing to report serious challenges we are facing from the office of the Customs Director, Southern Region Director (DRS) which authorises the release of the bus.
Our bus is now being held by Customs at Maputo port, in our view, without any valid reasons and now we might be facing legal action for fraud from our customer who placed an order for bus and paid us 50% deposit as well. Pls note this bus is for Ministry of Education of Zimbabwe -Bulawayo Polytechnic.
The customs office has been holding on to the clearing process for over 3 weeks and is not communicating the reasons for the delays to us the importer . Our bus belongs to Bulawayo Polytechnic (which is under ministry of Education here in Zimbabwe) and all documents are in order. This incident has caused our Business a Loss of sale as well as hampered our reputation in the market. Also, we should note that this bus was one of the first buses we were to supply to Ministry of Education in Zimbabwe. Unfortunately, the Director has refused to release our in-transit cargo to Zimbabwe.
we have attached documentary evidence and report from our Maputo Agents explaining what transpired in detail for your urgent / immediate actions.’ |
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Progress:
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On 5th December 2023, the SADC NTB unit submitted following report from the Directorate of Customs ,Mozambique :
Through Customs Broker Florentina Virgilio Alberto Zunguze, a customs transit declaration was submitted with no. 23362286972, together with a Delivery Order with no. 23/346, dated October 25, 2023, passed by Manica Freight Services Moç a favor of Blackwood Hodge (Zimbabwe) PVT Ltd; a provisional License with no. 05 through which the Maritime Transport Institute authorizes Payflex Trading Lda to carry out the activity of Freight Agency in International Transit; a commercial invoice with no. 750966093, dated 30.09.2023, in favor of Blackwood Hodge (Zimbabwe) PVT Lda and B/l with no. MOLU18005431182.
By Law
The customs transit of goods in Mozambique is supported, among other legal provisions, by the Customs Clearance Regulation of Goods approved by Ministerial Diploma no. 51/2019, of 24 May and the Customs Transit Regulation approved by Ministerial Diploma no. 116 /2013, of August 8, as highlighted by Service Order No. 06/AT/DGA/410/2021, of February 24, a copy of which is attached.
From our appreciation
The confusion created by the Forwarder with the connivance of the Shipping Agent immediately becomes apparent, taking into account that the same merchandise has as a party to notify two different people, in this case Blackwood Hodge (Zimbabwe) PVT Lda, according to the notice of arrival and Payflex Trading Lda, according to the B/L;
Another aspect worth highlighting is the fact that there are forged documents, with the sole aim of guaranteeing benefits within the scope of the traffic regulations, since strictly speaking, the B/L must be issued in accordance with the data contained in the manifest of cargo delivered by the ship's captain in view of the tax entry, therefore, changes made by the shipping agent are not permitted, as is the case in this case;
On the SeW platform, the declaration was rejected due to this procedure being considered incorrect and, to a certain extent, criminal, if any malicious intent is proven in the change made by Manica Freight Services Mozambique |
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NTB-001-151 |
8.8. Issues related to transit |
2023-09-13 |
Mozambique: Beira Port |
Malawi |
New |
View |
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Complaint:
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The Malawi pigeon pea export consignment to India has been detained at Beira port in Mozambique for the following reasons:
1. 275Mt for Grey Matter - Investigation on issues of origin. However, the consignment bears Malawi custom seals and documents, emphasizing its Malawi origin.
2. 1500MT for Africa Fertilizer Ltd – Rules regarding fumigation. All the consignment loaded in trucks in Malawi, and stuffing was done in containers in Beira.
3. 3275MT for Afrisian Ltd – Customs verification if the cargo is in transit. |
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NTB-001-127 |
8.8. Issues related to transit |
2023-07-25 |
Mozambique: Beira Route |
Malawi |
In process |
View |
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Complaint:
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Professional Drivers Union in Malawi are concerned with reduced transit limit time to 21hrs by Mozambique - Initially the transit time was 72hrs. This change brings about healthy and safety concern to drivers. Drivers are concerned on road conditions, mechanical faults and time to rest on the road which makes it difficult to meet this newly set time limit. They opt for the 72hrs as it were because this time limit gave an allowance to delays encountered in transit and it was good for safe driving. |
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