Active complaints

Showing items 61 to 80 of 94
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
Check allUncheck all		 Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status
 Actions
NTB-001-080 2.2. Arbitrary customs classification 2022-09-07 Zimbabwe: Chirundu Zimbabwe In process View
Complaint: Simplified Trade Regime system no longer viable most traders preferring to use trucks instead of declaring using STR system, when declarations are done values are being lifted despite invoices produced , revaluation is done by the Supervisors making it difficult and most challenging for traders to use the system , and this is causing traders to use clearing agents .only a few with small quantities using STR with buses, traders are now preferring to use Commercial clearance instead of STR, giving a negative impact to why STR was put in place, there is need for orientation to Officer coming from Inland to the borders so that they understand how STR system operates.

Prior to covid pandemic traders used to use some small trucks with consolidated goods and declarations would be made as to the individual trader's quantities in a truck at the point of exit. During covid pandemic Customs gave a ruling that all goods to be cleared through the agents to reduce human interface, after the pandemic and all the lockdowns and restrictions CUSTOMS no longer want traders to consolidation system in transportation of goods saying its now a broken consignment. this arbitrary declaration is a trade restriction and a barrier TO TRADE 		 
Progress: 1. The NTB Unit brought this NTB to the attention of the Zimbabwe Focal Point to undertake internal consultations. A response is still being awaited.
2. During the 3rd meeting of the COMESA NTBs Forum held on 20- 22 September 2023 , Zimbabwe reported that the STR regime is fully functional at the Chirundu border post. The meeting requested Zimbabwe to provide feedback on the overvaluation of the goods under STR regime.
3. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda as it affects Zambia’s trade.
4. During the 10th Meeting of the TTFSC held on 2 - 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing.
Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. 		 
NTB-001-106 6.5. Variable levies 2022-07-05 Zimbabwe: Zimbabwe Revenue Authority Zambia New View
Complaint: Zambia exports into Zimbabwe on beverages attracts additional duty of $ 0.05/Litre.Lengthy Compliance processes, Multiple agency approvals and complex certification requirements further discourage sincere exporters as these layers increase the product turnaround time and further increase RTM cost and delivery time.
For example: - COC, Inspection, Route plan B, Importer licenses & various agency registrations (Multiple window clearance, COMESA certificate) 		 
Progress: 1. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda.
2. On 17 April 2024, Malawi Focal Point reported that they were following up with the agencies involved in this issue to resolve the NTBs and gave assurance the this issue was being discussed at length and feedback on the outcomes of the consultations would be provided as soon as possible.
3. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing. Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. 		 
NTB-001-110 1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory 		2022-07-01 Kenya In process View
Complaint: United Republic of Tanzania subject a discriminatory treatment to Kenyan export/transfer on products of animal and animal products despite their commitment in the bilateral meeting to amend the Act to resolve the discriminatory charges on the Kenya animal and animal products by June 2022.

Tanzania charges descriminatory meat products an import fees of Tshs 3,000 per kilogram (Kg) for imports consignment. The fees is contained in the animal diseases (animals and animal products movement control) .(amendment) regulations, 2022 of the United Republic of Tanzania that came into operation on 1st July 2022. These charges have rendered Kenyan exports especially milk and milk products, meat and meat products including sausages uncompetitive in the Tanzanian market while Kenya facilitates Tanzania meat and meat products sausages into Kenya without any discrimination.

These charges contravene the GATT 1994 Art III on National Treatment, Articles 1 and 75 (6) of the Treaty as well as Articles 1 (1) (definition of imports) and 15 (1) (a) and (2) (National Treatment) of the Customs Union Protocol and Article 6 (1) of the Common Market Protocol of the Community Laws.

The charges are also in violation of Article 10 of the Custom Union Protocol that obligates Partner States to remove all internal tariffs and other charges of equivalent effect.

Kenya urges:-
a)Tanzania to abolish these prohibitive discriminatory charges and treat our animal and animal products as from the local market and accord same rate as their own without discriminating not to call it import as import is from outside EAC.
b) URT to abolish the discriminatory charges as per the customs union protocol.
d) URT to treat Kenya meat and meat products as local and not as an import.
C)URT to stop restricting the quantities to be imported/transfered by the Kenya companies.

In addition URT charges xthe following discriminative charges:
1) URT charges import fee of 2% FOB by Tanzania Meat Board
2) 0.4% on FOB by Tanzania Atomic Energy
3) 0.2% FOB by Weight and Measure Agency

Kenya request URT to consider abolishing the discriminatory charges which are equivalent import duty prohibited in the EAC Protocal.

On the contrary Kenya facilitates Tanzania sausages without any charge.

This is really unfair practices where URT is charging import charges to Kenya products despite Kenya being in the EAC Customs union where we transfer products and not import 		 
Progress: 1. Kenya recognized the effort made by URT in reducing the fee from 5,000 Tshs to 3,000 Tshs per kg of meat. The Republic of Kenya indicated that the fee is still very high, discriminative, and amounts to import duty. The Kenyan companies exporting meat products to URT have been negatively affected by a sharp decline in the volume of meat products exported to URT, since the imposition of these charges. A consignment of 25,000 kgs exported from Kenya to URT is charged Kshs 3,750,000. In addition, it is charged an import fee of 2% FOB by the Tanzania Meat Board, 0.4% FOB by the Tanzania Atomic Energy Commission, and 0.2% FOB by Weight and Measures Agency. A similar consignment exported to Kenya from URT is charged Kshs 3,000. Thus, Kenya proposes that the two Partner States engage and harmonize these regulations to either charge per kg or per consignment.
Tanzania Meat Board had also denied market access to beef products imported from Kenya and thus Kenya urges URT to address this matter.
2. The 34th RMC noted that the NTB was new. URT reported that they would consult the relevant stakeholders and revert during the 35th RMC
3.During the 36th RMC Kenya reported that the NTB was considered during a bilateral meeting between Republic of Kenya & the United Republic of Tanzania whereby the two Partner States agreed to harmonization of all conditions, levies, fees and charges related to import / exports for holistic consideration by 30th June 2024
4. During the 38th RMC meeting, Kenya agreed to send a formal invitation to URT for the Bilateral Meeting.
The two Partner States held their meeting in July 2025. An update shall be provided during the RMC 		 
NTB-001-070 1.7. Discriminatory or flawed government procurement policies 2022-06-30 Tanzania: Namanga Kenya In process View
Complaint: URT charging Kenya an import discriminatory Excise Duty introduced vide URT Finance Act 2022. Additionally, some consignments are discriminatively subjected to Tsh.1000/kg not anywhere in the URT Finance Act 2022. The same excise duty is not applicable to the same or like products produced in URT hence creating unfair competition between the Partners States Originating products.  
This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. 
Section 2 of the East African Community Customs Management Act, 2004 defines import as to bring or cause to be brought into the Partner States from a foreign country, and export as to take or cause to be taken out of Partner States. Accordingly, Article 8 of the Treaty for Establishment of East African Community, EAC Community Laws take precedence over similar national laws on matters pertaining to the implementation of the Treaty 		 
Progress: 1. During the Regional NTBs Forum,URT informed the meeting that the complaint is not an NTB but a charge of equivalent effect which is like what is in the Kenya’s Finance Act of 2022. This is a result of non-harmonization of domestic taxes in the Region. The Republic of Kenya informed the meeting that the Kenya Finance Act is not discriminatory and hence the Charge on Confectionary Sugar by URT is an NTB and should be resolved by abolishing the discriminative fees. The Trade Committee meeting recommends that the process of harmonizing the fees, levies and charges should be fast tracked. During the 41st SCTIFI meeting Kenya observed that confectionary products from Kenya should not be treated differently from confectionery products produced in Tanzania. At the 41st SCTIFI meeting, the Republic of Kenya observed that NTB-001-070: “URT discriminatory charges of import TSh.700 and unfounded charges of Tsh.1000 to Kenya confectionary, sugar and sugar products.” The EAC TBP submissions has referred to the excise duty as fees and subsequently recommended the process of harmonizing the Fees, levies and charges should be fast tracked. Kenya’s submission is that the description of the charges as fees is erroneous. The charge is an excise duty as contained in the United Republic of Tanzania Finance Act of 2022 and the custom entry presented as evidence. This measure is therefore disciplined under Article 15 of the Protocol establishing the EAC Custom Union and not subject to the process of harmonization of fees, levies and charges. The excise duty discriminates transfers of confectionary, sugar and sugar products from Kenya which are levied Tshs 700 per kilogram against locally produced like-products which are levied Tshs 500 per kilogram. This measure is a violation of Article 15 on National Treatment which prohibits Partner States from imposing, directly or indirectly, on the products of other Partner States any internal taxation of any kind in excess of that imposed, directly or indirectly, on similar domestic products In addition, in the custom entry presented as evidence, the Kenya exporter has been charged an excise duty of Tshs 1,000 per kilogram which is not justified by the existing Tanzania excise law (Tshs 700). Kenya therefore requested the United Republic of Tanzania to accord Kenyan transfers of confectionaries and sugar products the same treatment as accorded to similar domestic products at Tshs. 500.
2. During the 42nd SCTIFI, the Republic of Kenya informed the meeting that Kenya exporters were charged an excise duty of Tshs 1,000 per kilogram which is not justified by the existing Tanzania excise law (Tshs 700). Kenya, therefore, requested the United Republic of Tanzania to accord Kenyan transfers of confectionaries and sugar products the same treatment as accorded to similar domestic products at Tshs. 500.
The United Republic of Tanzania informed the meeting that there was an error in the Law that had since been reviewed through a Government Notice number 478(1) of 4th July 2022. The meeting noted that in the reviewed Law, locals are charged NIL while exports are charged 1,000 Tshs. URT to consult on the application of the new law and revert.
3.During the 35th RMC URT informed that the NTB will be resolved in accordance with the SCTIFI Directive on harmonization of domestic taxes, especially excise duties.
On the other hand, Kenya informed as follows:
(a) Goods produced within the EAC should be considered local and therefore, not treated as imports.
(b) Partner States align their internal Acts to define imports and exports in accordance with EAC CMP
4.The 36th RMC that took place from 1st - 4th May 2024 was informed that the NTB is being addressed under the Bilateral engagements where the two Partner States agreed to the harmonisation of all discriminatory taxes, conditions, levies, fees, and charges related to imports/exports for holistic consideration by 30th June 2024.
5.During 39th RMC, URT informed the meeting that they are still in consultations and will update by December 2025 		 
NTB-001-048 3. Technical barriers to trade (TBT)
B31: Labelling requirements 		2022-01-03 Tanzania: Standards Authority South Africa New View
Complaint: Vague Labelling requirement "Statutory Warning" Clause 12 (k), rejection of the UK Chief Medical Warning which is accepted in other African countries such as Uganda, Kenya without any objection in addition to their requirement.  
Progress: The stakeholder consultative meeting organized by the SADC Business Council which was attended by the concerned parties from South Africa and Tanzania and SADC Secretariat on 7 march 2022, agreed that the UK Chief Medical Officers Guidelines labelling should be retained (The UK Chief Medical Officers recommend adult do not regularly drink more than 14 units per week) provided that the Wine producer affixes an additional sticker which covers all missing information on the product package.
The additional sticker (label) should be legibly and indelibly marked.
The additional sticker should be submitted to the Tanzania Bureau of Standards for approval accompanied by the declaration letter from the Manufacturer stating that additional label originating from them and products imported in Tanzania will be labelled as such. 		 
NTB-001-312 5.10. Prohibitions 2021-12-01 Zimbabwe: Kariba Zambia In process View
Complaint: Republic of Zimbabwe maintains a ban on Eggs entering Zimbabwe from Zambia at all shared borders. Zambia is yet to see any documentation/legislation that supports this measure to date. Considering the spirit of the shared COMESA vision and Oneness, this measure has affected traders who export Eggs into Zim, considering also that this product is on the agreed STR common list.


Selected Commodities: Zimbabwe has reportedly prohibited the importation of the following commodities from Zambia; Eggs, Milkit, Biscuits, Kombucha, Mazoe juice and other beverages and Second-hand clothes.
 
NTB-001-023 8.1. Government Policy and regulations 2021-07-26 Democratic Republic of the Congo: The DRC government. Ministry of Transport South Africa New View
Complaint: The DRC has just published legislation prohibiting foreign vehicles from loading mining products and to remove (export) them from the DRC. The unofficial translation of the new DRC amendment:Article 4-It is strictly forbidden for any vehicle not registered in the Democratic Republic of Congo to load goods, in this case mining products from the national territory; In the event of violation of the above paragraph, the goods are immediately unloaded at the shipper's risk.

According to an unofficial translation of article four of the amendment affecting the DRC's road freight sector, "it is strictly forbidden for any vehicle not registered in the DRC to load goods, in this case mining products, from the national territory”.

The article continues, saying "in the event of violation of the above paragraph, the goods are immediately unloaded at the shipper's risk”. The decision is expected to have a wide-ranging impact on exports out of the DRC's Copperbelt region, with some transporters going so far as to say that it's wholly impractical and a protectionist strategy that is bound to boomerang against the government in Kinshasa. 		 
Progress: The issue is about the possible NTB that could arise from the implementation of the act. and therefore for now we dont have proof that it caused NTB  
NTB-001-129 2.6. Additional taxes and other charges 2021-07-01 Kenya: Kenyan Government Egypt In process View
Complaint: Complain from Eagle Chemicals - Egypt
Subject: Excise duty on imports cancelling the effect of COMESA agreement

TARRIFF BARRIERS UNDER COMESA AGREEMENT (EXCISE DUTY TAX IN KENYA AS A BARRIER)

COMESA AGREEMENT:
Republic of Kenya and Egypt are signatories to COMESA AGREEMENT on removal of tariff (tax) barriers towards FREE TRADE between themselves and among the signatory member countries.
Since the establishment the COMESA AGREEMENT several years ago, the Republic of Kenya and Egypt have enjoyed this free trade environment and trade between the two countries has grown by leaps and bounds (UNTIL JULY 2021)
KENYA----FINANCE ACT 2021----IMPOSITION 10% EXCISE DUTY TAX (TARRIFF BARRIER)
In July 2021 and for the first time ever since signing of COMESA AGREEMENT, the Kenya Government imposed unilaterally and without consultation with COMESA Secretariat or with the Republic of Egypt a 10% Excise Duty (tariff Barrier) on Resins manufactured and exported from Egypt and / imported into Kenya.
This was an act in bad faith noting the mutual relationship between Egypt and Kenya under COMESA AGREEMENT

KENYA---FINANCE ACT 2023----IMPOSITION OF AN ADDITIONAL 10% EXCISE DUTY TAX ON RESINS (TARRIFF BARRIER).
In July 2023, the Kenya Government introduced an additional 10% Excise Duty Tax on resins imported from Egypt bringing total Excise Duty Tax to 20% and this again without consultation with COMESA Secretariat and neither / nor a humble advance notification to Republic of Egypt as a sign of good faith under the mutual COMESA AGREEMENT

KENYA---THE 20% EXCISE DUTY TAX ON RESINS--- PURPORTED PURPOSE
This tax is applying only on all imported resins (from COMESA and from Non-COMESA countries) BUT is not applied on locally manufactured resins.
Consequently, and from a COMESA perspective, this Excise Duty Tax is an IMPORT DUTY TAX camouflaged as a local excise duty tax hidden behind the purported protection of one local commercial resin manufacturer (SYNRESINS) whose capacity is below 15% of Kenya market resin usage / requirement.

AGGRAVATED BAD FAITH AGAINST MUTUAL TRADE AGREEMENT UNDER COMESA.
The above developments are acts in bad Faith by Kenya Government against a friendly free trade partner (Egypt) under the COMESA AGREEMENT.

Please note no other country / signatory to the COMESA AGREEMENT has imposed an excise duty tax on resins from Egypt.

IMPORT DUTY TAX ON RESINS ARE AND REMAIN AT NIL IMPORT DUTY TARRIFF TODATE UNDER COMESA AGREEMENT ON TARRIF BARRIERS TOWARDS FREE TRADE.
Please note IMPORT DUTY TAX on resins from Egypt to Kenya remain at NIL % import duty and is at NIL on imports by other COMESA countries.
Import duty on resins into Kenya from NON-COMESA COUNTRIES is and has always been at 10% since inception of COMESA AGREEMENT

REQUEST
Republic of Egypt has obligation to protect their manufacturers of resins who export to Kenya under COMESA AGREEMENT against such unjustified TARRIFF TAX BARRIERS imposed by Republic of Kenya by requesting their removal for benefit of mutual trade growth both ways.

(Refer Attachments)

  
Progress: 1. During the 3rd meeting of the COMESA NTBs Regional Forum , Kenya Focal point reported that they had contacted relevant authority and will provide feedback in the online system . Egypt requested that the bilateral meeting to consider this and other NTBs be schedule at the time Kenya would have completed their internal consultations .
2.Following the 3rd Regional COMESA NTB meeting and the 8th Meeting of Trade and Trade facilitation Sub Committee, Kenya was requested to provide feed back on NTB-001-129 on excise applied to products, 3905.19: Homopolymers 3903.20: Emulsion - Styrene Acrylic3905.91: Emulsion VAM 3907.50: Alkyd and3907.91: Unsaturated Polyester , It was proposed that Kenya and Egypt to hold a bilateral Meeting virtual with support of the Secretariat on 10th November 2023.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution. Kenya to update the status report on outstanding NTBs with Egypt on the online reporting system by 26th April 2024.
4. On 18 June 2024, Kenya Focal Point reported that the Kenyan parliament was reviewing the Finance Bill 2024, with the intention of revising certain clauses as deemed necessary. Consequently, they were awaiting the enactment of the Finance Bill 2024 to determine whether there will be amendments to the specified non-tariff barriers (NTBs).
5. On 9 September 2024, Egypt and Kenya held a bilateral meeting on the outstanding NTBs emanating from the enactment of Kenya’s Finance Acts of 2021 and 2023. The two Member States agreed on the following:
a) The additional taxes are NTBs as its application is discriminatory as they only apply on imports and not domestically produced products.
b) Kenya to continue with her internal consultations with relevant policymakers and to follow up on the progress of resolving the NTBs, as requested by the Egyptian delegation.
c) The meeting agreed that the NTBs are policy issues and can be best addressed by the Joint Trade Commission (JTC) meeting, which is a higher level that is able to take decisions on this NTB and other trade related issues.
d) Both Kenya and Egypt continue with internal consultations with relevant stakeholders in preparation for the upcoming JTC meeting.
6. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. 		 
Products: 3903.20: Styrene-acrylonitrile copolymers "SAN", in primary forms, 3905.19: Poly"vinyl acetate", in primary forms (excl. in aqueous dispersion), 3905.91: Copolymers of vinyl, in primary forms (excl. vinyl chloride-vinyl acetate copolymers and other vinyl chloride copolymers, and vinyl acetate copolymers), 3906.90: Acrylic polymers, in primary forms (excl. poly"methyl methacrylate"), 3907.50: Alkyd resins, in primary forms and 3907.91: Unsaturated polyallyl esters and other polyesters, in primary forms (excl. polycarbonates, alkyd resins, poly"ethylene terephthalate" and poly"lactic acid")  
NTB-001-031 2.6. Additional taxes and other charges 2021-06-30 Kenya: Kenya Revenue Authority Egypt In process View
Complaint: The Kenyan Government, through the Finance Act 2021, introduced a new Excise Duty on imported pasta of tariff 1902 whether cooked or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared, at
the rate of 20%. This Excise Duty is to be levied at the point of importation and is effective from 1st July 2021.

• Excise Duty is a tax imposed on goods and services manufactured in Kenya or imported into Kenya and specified in the first schedule of the Excise Duty Act (2015). This is usually considered on luxury products such as Alcohol, Fuel, Chocolates, Airtime, etc…

• Excise Duty is different from Customs Duty (imposition of tax on imports to protect local industries) Imposition of this new Excise Duty came as a surprise to us since it was not part of the Finance Bill 2021 that had been tabled before the Kenyan Parliament and was only introduced as a new amendment to the Bill on 24 June 2021 at the second reading stage, in Parliament.

• The Kenyan Constitution as well as the Public Finance Management Act requires that the Kenyan Government to call for public participation on the Finance Bill before amendment of tax laws through the enactment of the Finance Act. Unfortunately, this was not done in this case since the amendment introducing the Excise Duty was done way after public participation on the Bill had taken place. 		 
Progress: 1. On 8th August 2023, Kenya Focal Point reported that the finance bill of 2023 undergone through the public participation and through the Parliament and that Excise duty on Pasta is not discriminatory as per section 43 (iv) that underwent through parliament process and public participation process.
2. During the 3rd Meeting of the NTBs Forum, Egypt reported that the excise duty on pasta , although it was not applied indiscriminately, affected trade as the rate was very high . The meeting therefore agreed that the NTB be reinstated . Kenya responded that duty on pasta is not discriminatory therefore resolved in the system . Kenya to submit proof that excise duty is imposed on both locally and imported goods. It was agreed that Kenya to arrange bilateral meeting with Egypt to address the issues raised by Egypt.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution.
4. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. 		 
NTB-001-001 1.14. Lack of coordination between government institutions 2021-01-19 Namibia: NRST Head Office / Innovation Hub Cnr, Louis Raymond & Grant Webster Street Private Bag 13253 Windhoek Tel: +264 61 431 7000/99 Fax: + 264 61 216 531/+ 264 61 235 758 Email: info@ncrst.na South Africa New View
Complaint: 1. GMO thresholds - Namibia is 1% and South Africa is 5%

2. The above then has implications on what should be labeled.

3. The prescribed GMO wording is also different

4. Namibia also requests additional information from the rights owner (GMO Tech developers), which users do not have in South Africa.

All of this adds up to South African manufacturers/exporters being unable to meet the application requirements, thereby not obtaining the required import permits.

CGCSA members revised applications 3 times, but were still unable to complete the applications to the specifications expected.
  
Progress: 1. On 12 October 2021 , Namibia Focal Point reported that they will consult the relevant authorities and submit feedback as soon as possible.
2. On 31 March 2022,Namibia Focal Point updated as follows:
Namibian GMO labeling regulations (0.9%) – Vs 5% for South Africa. The Namibian Biosafety regulations (No 6116), 2016 Biosafety Act No. 7 of 2006, were developed nationally through a consultative process, taking into account trading partners with different labeling requirements. As per the Biosafety regulation (17) (c), 2016, exemptions to genetically modified food or feed labeling requirements:
“any processed food or feed including one or more substances produced through genetic modification, subject thereto that the genetically modified food or feed in the aggregate does not account for more than 0.9 percent of the processed food or feed or such other percentage or quantity as the Council may from time to time determine”;
This part of the regulations ‘labeling requirements’ will remain in place until such a time the regulation is amended 		 
NTB-001-244 6.5. Variable levies 2020-10-13 Uganda: URA Kenya In process View
Complaint: Uganda is subjecting Kenya manufacture furniture to discriminative excise duty of 20% that it is not subjected to Uganda manufactured furniture.
Uganda is requested to remove the discriminative excise taxes on Kenya furniture transferred to Uganda as it is prohibited in the EAC Customs Union Protocol; Articles 1 and 75 (6) of the Treaty as well as Articles 15 (1) (a) and (2) of the Customs Union Protocol on National Treatment, and Article 6 (1) of the Common Market Protocol of the Community Laws.
The charges are also in violation of Article 10 of the Custom Union Protocol that obligates Partner States to remove all internal tariffs and other charges of equivalent effect. 		 
Progress: During 39th RMC, noted that the matter is under bilateral discussions and will be handled as per the agreement.  
NTB-000-987 8.7. Costly Road user charges /fees 2020-09-26 Zambia: Kazungula Ferry Botswana In process View
Complaint: Zambia Road Transport and Safety Agency (RTSA)charges Botswana trucks 541 US Dollars per each entry into Zambia, while other SADC Countries are charged per distance. South Africa trucks are charged 110 US Dollars from Kazungula Ferry to Lusaka, Namibia trucks are charged a fixed 209 US Dollars per truck anywhere into Zambia. Zimbabwe and Tanzania pay a the same as South Africa.

Botswana trucks again have to pay RTSA K469 for identity cards per unit which becomes costly for Botswana truckers while other SADC Countries do not pay for identity cards. As Esmail Carriers (PTY) LTD we have 12 trucks that are crossing into Zambia and this has been going on for over 8 years. Per trip we spend more than P6765 per truck and per month the cumulative costs amount to more than P80 000.00 (RTSA charges). For identity cards is about P12 600.00 per month. Furthermore, Zambia has introduced new inland road tolls which we are paying in addition to existing charges.

This has become detrimental to our business as we lose more revenue on a daily basis. We currently request the Zambia government, Botswana government and SADC Secretariat to resolve this issue. 		 
Progress: On 8th December 2020, Zambia Focal point reported that they were making follow up with the Road Transport and Safety Agency ( RTSA) and provide feedback as soon as possible.  
NTB-000-982 1.4. Preference given to domestic bidders/suppliers 2020-08-24 Botswana: Ministry of Trade and Industry Zimbabwe In process View
Complaint: On 24 August 2020, Botswana’s Ministry of Investment, Trade and Industry released a statement that the country would be restricting the importation of baked goods. This will affect products such as pastries, cookies, muffins and other products derived from some form of grain.
The statement was supported by S.I 102 of 2020. The Botswana’s Ministry of Investment, Trade and Industry highlighted that the move is meant to protect the domestic producers. 		 
Progress: 1. On 3 February 2026, Botswana Focal Point reported that the Ministry shared the relevant Statutory Instrument (SI), and request Zimbabwe to advise on the specific challenges being experienced to enable Botswana to initiate engagements with a view to resolving the NTB.
The Control of Goods, Prices and Other Charges (Restriction on the Importation of Baked Goods) Regulations, 2020 applies to the importation of baked goods such as: Bread, pies, pastries, rolls, cookies, muffins, cakes, cupcakes, and similar baked products.
Where a Zimbabwean company exports any of these products to Botswana, the regulation becomes applicable. In such cases, the import permit application must be submitted by the importer (the Botswana buyer), rather than the Zimbabwean exporter. Applications can be processed through the Ministry of Trade and Entrepreneurship in Botswana.
The Zimbabwean exporting company is expected to support its Botswana customer by providing the necessary documentation, including:
Product details; Invoice; Quantity information and Shipping documents
To facilitate further engagements, Botswana requests an update from Zimbabwe on how this Statutory Instrument has affected trade flows between Botswana and Zimbabwe since it was introduced in 2020. 		 
NTB-000-977 2.3. Issues related to the rules of origin 2020-08-10 Ethiopia: South Africa New View
Complaint: Requirement to submit Certificate of Free sale for Grain products such as cereals, baked goods etc  
NTB-001-276 VAT Refunds 2020-08-03 South Africa: South African Revenue Services Botswana New View
Complaint: Business Botswana has received from seven (7) of its member companies (see attached list) with concerns regarding delays in claiming VAT refunds from the South African Revenue Service (SARS). These companies have collectively reported that they are owed a total of R51,838,696.82in VAT refunds, dating as far back as 2020 to August 2024. The core issues involve prolonged processing times, document rejections without the ability to resubmit, and tight deadlines for compiling and submitting the required paperwork.  
NTB-000-970 2.4. Import licensing 2020-07-01 Zambia: Ministry of Agriculture Egypt In process View
Complaint: We want to import 100% Egyptian Made wheat flour in Zambia, but we are not given permission to import. We have placed several requested to allow us to import, but there are no responses to our application and no reply to our emails. Kindly please Help us. I need a confirmed and authorized approval from Zambian authority to allow us to import wheat flour. Some people say just bring it and have the correct comesa certificate of origin and submit at the time of customs clearance, but thats a gamble, our goods worth more than 200000$ we cannot take risk. I want to import only after having a clear official approval.  
Progress: 1. On 25 March 2021, Zambia Focal Point reported that this issue is currently being resolved. Dialogue with relevant stakeholders to resolve via import parity is underway.
2. On 30 July 2021, Zambia Focal Point reported that the exporter was advised to visit the Zambia Trade Information Portal for details on the export of wheat to Zambia using the following link:
https://www.zambiatradeportal.gov.zm/index.php?r=tradeInfo/view&id=7439 .Further information from can also be obtained from the Director, Agribusiness and Marketing department on +0211 250417. The email address is as follows: yoanness18@yahoo.co.uk or peter.zulu2@gmail.com.
2. On 6 September 2023, Egypt Focal Point reported that they tried to communicate with the contacts provided by Zambia focal point, and as per the feedback of the concerned exporter. However, " NO emails are responded to. The Ministry of Agriculture, say it's not allowed to import wheat flour."
3. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries should conduct a bilateral meeting to review the matter by 30th November. Consultations between the Focal Points and NMC to continue using the online system and that Zambia to provide feedback regarding the ban of wheat imports in the online .
4. During the NTBs workshop 17 -19 April 2024, Egypt NFP reported that they were willing to hold a bilateral meeting with Zambia MNC in case Zambia NFP did not upload the national authority decree No. 24 of the year 2024 by end of April 2024.
5. During a virtual bilateral meeting between the two Member States held on 24th September 2024, it was agreed that in the immediate term, Zambia to conduct consultative meetings to ascertain the possibility of having the ban lifted or have the wheat import window extended in accordance with the Control of Goods Order of 2009.
6. On 6 January 2025, Egypt wrote to the Secretary General to advise that the Egyptian wheat exporter is still experiencing the same problem even after the validity of the SI of 24 April 2024 had expired on 30 August 2024. They request Zmbia Focal Point to make follow up and facilitate Egypt exportation of wheta flour into Zambia.
7. During a bilateral meeting held on the 4th June 2025, the two Member States received the following updates:
i. Zambia informed the meeting that the ban had been lifted temporarily.
ii. Exporter from Egypt reported challenges in completing online registration of their company in the ZRA ASYCUDA System.
iii. Zambia to continue, in the immediate term, to conduct consultation with the relevant Ministry on the issue of the timelines to have the prohibition lifted or possible extension by October 2025.
iv. Zambia will, in the long term, consider a comprehensive review of the measure, which was initially imposed to protect infant industry, to assess its justification and subsequently communicate the outcomes to Egypt in due course by 1st quarter 2026.
v. Egypt to share the wheat imports statistics from the affected companies as evidence that they are utilizing the open window period to inform Zambia’s consultation with the relevant Ministry on the impact of the measure by October 2025. 		 
NTB-000-957 5.8. Embargoes 2020-05-13 Kenya: Mombasa sea port South Africa New View
Complaint: Clause 16 of the Government Gazette Notice No. 3530, ban the Bounded Houses where goods are stored until cleared on duties.

With reference to our discussion earlier on the Gazette by Kenya Government for cessation of warehousing of goods including wine.

The timing of the gazette could not have come at a more terrible time. As we all know Covid 19 has had a crippling effect on business globally and economies especially Tourism in Kenya. With the current closure of all camps, lodges, hotels, restaurants pubs and eateries, importers have seen a huge dip in sales of wine as the whole food and beverage industry has been shut down. With no end in sight on the pandemic, this puts added pressure on importers to pay for goods upfront when they simply do not have the cash at the moment. Kenya has also set specific rules on minimum duty payable - so for a 20ft container that is 3 million shillings or $30000.So if an importer is bringing in multiple containers monthly as most importers do , the cash flow required it just simply not feasible because they are operating on very low revenue at the moment.

I think what importers and exporters seek is clarity on this gazette, what was the rationale and was there industry consulted?

Does this mean come mid- August, all goods must be duty paid and are goods imported now can still go on bond and what happens to goods that are all currently in bond.

I also would like to bring to your attention the following implication for South African wine exported to Kenya.

1. Cashflow challenges for traders with upfront payment
2. Unfavourable trade terms which will impact on trade relations.
3. Delays in delivery of products due to readiness of the Custom Officials of efficiently enforcing the new rule without glitches.
4. Cross Border of illicit products

I therefore request your intervention in tabling these concerns and proposal for exemption of South African wine from the rule
  
Products: 2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09.  
NTB-000-936 2.6. Additional taxes and other charges 2019-11-19 Zambia: Chirundu Zimbabwe In process View
Complaint: Sunny Yi Feng Tiles (Pvt) Ltd a Zimbabwean company with both SADC and COMESA certificates of origin. The company is being charged USD8.30 per box (VAT) in Zambian market which is a member of COMESA and SADC Free Trade Area, instead of the invoice price of USD3.80 per box (VAT). In addition the company is being charged 5% surtax at the Zambian Border. This problem is being faced only with the Zambian market  
Progress: 1. On 21 January 2020, Zimbabwe Focal point sent a request to their counterpart in Zambia to follow up on the issue . A response is being awaited from Zambia .
2.During the Zambia NMC verification mission to Chirundu held on 11-12 June 2020, ZRA advised that the surtax is Customs Valuation matter and hence a tariff matter and not an NTB. With regard to the problem of customs the uplifting values for duty purposes and disregarding the invoice value , the client is advised to appeal to department of International and Policy to have the valuation matter reviewed and possibly resolved
3. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021 Zambia reported that the NTB is a tax policy issue and internal consultations with relevant authorities were in progress and they will provide feed back by July 2021.
4. In September 2022, Zambia Focal Point reported that Surtax on imported tiles was a tax policy issue that was presented to the Ministry of Finance for resolution. On the issue of uplifts on the declared values of the imported tiles, the Zambian law provides a channel for aggrieved clients to appeal.
5. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries to hold a bilateral meeting to consider the matter by 31st October 2023.
6. During the NTBs workshop 17th – 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss the additional taxes.
7. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing. Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. 		 
Products: 6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like.  
NTB-001-103 2.13. Issues related to Pre-Shipment Inspections 2019-02-01 Botswana: Pioneer Gate South Africa New View
Complaint: Since 2019, goods exported from S. Africa to Botswana require additional certification from a Certified Accreditation Body ( see attached ) This is now over and above documentation from an ILAC accredited test house that has always been acceptable in the past.
This is an additional cost that must be passed on the consumers ( inflationary aspect )
Measures such as this are puzzling as they are not in the spirit of the African Continent Free Trade Agreement and actually restrict the free flow of goods
It is a questionable move as with Botswana being a member of SACU, the country relies on S. Africa to disburse shares of import duties collected at S. African ports 		 
NTB-000-823 2.6. Additional taxes and other charges 2018-06-01 Botswana: BURS South Africa In process View
Complaint: Botswana government is imposing daily double tax on imported alcohol beverages to Botswana. The motivation for imposing the excise and not imposing on local manufacturers is that local manufacturers create jobs and have manufacturing plant in the country. It is the Wine Industry submission that wine as a commodity cannot be manufactured in Botswana due to the weather conditions.
SA Wine Companies, pay excise in South Africa and do not expect to pay another excise in Botswana for the very same products. We appeal for the repeal of the Regulations to allow both local and importers to be treated the same. Locals have more competitive edge compared to importers. Furthermore, the methodology as per Regulations is different from what is practically implemented. Enclosed self explanatory email clarifying the differences. Botswana is in breach of the WTO GATT Agreement, Article 34 		 
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