Active complaints

Showing items 101 to 107 of 107
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
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Reporting country or region (additional)
COMESA
EAC
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Actions
NTB-001-214 6.6. Border taxes 2024-10-01 Tanzania: Rusumo, Mutukula, Kabanga Rwanda 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: 1.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.
2.The United Republic of Tanzania submitted that Free Pratique is an internal health practice for taking samples, inspections, maintenance, vaccination, and sanitizing 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/123456789/1006/02009%20The%20Public%20Health%20Act%2c%202009%20.pdf?sequence=1&isAllowed=y and International Health Regulations 2005.
Further, the United Republic of Tanzania reported that the charges are not confined to regional trade only and not discriminative as they are applied to all borders and all vehicles including those registered in Tanzania. In that view, the United Republic of Tanzania considers that the charges are not qualified to be NTB. In addition, the United Republic of Tanzania reported that the charges are 5 USD for buses / trucks and other surface vehicles; and USD 20 for trains.
Other Partner States noted that the charge of 5 USD is only imposed at Rusumo, Kabanga and Mutukula OSBPs and hence, it is discriminatory. The meeting emphasized that the fee is an NTB because it impedes trade in goods and services and increases the cost of doing business in the region thus it should be removed.
The United Republic of Tanzania requested for time to undertake consultations on the matter and report resolution by 28th February 2025.
The Sectoral Council on Trade, Industry, Finance and Investment urged the United Republic of Tanzania to finalize the internal processes on the removal of the charges related to conveyance inspection and resolve the matter by 28th February 2025 (EAC / SCTIFI 45 / Directive / 48).
 
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: 1. During the RMC of 17th October 2024, the Republic of Kenya committed to consult and revert during the 38th RMC.
2.The Senior Officials were informed that the Republic of Kenya is in consultation with Forestry Services to address the matter and will report back by the 46th SCTIFI.
 
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-001-224 2.8. Lengthy and costly customs clearance procedures 2024-11-22 South Africa: South African Revenue Authority Mauritius New View
Complaint: Mauritius Customs is unable to accept the SADC Certificate ZA PQ 56085 issued by Customs in South Africa due to missing of specimen signature at their level. The Mauritius Customs sent a request to RSA Customs to get a confirmation of the signature .Up to date they have not yet received any reply.  
NTB-001-222 8.8. Issues related to transit 2024-12-06 Zimbabwe: Beitbridge South Africa New View
Complaint: When submitting invoices to declare goods transiting through Zimbabwe (RIT) for import into Malawi, it was brought to our attention that Zimbabwe requires an Ozone Depleting Substances permit (ODS) for air conditioners, refrigeration units and parts thereof which comes at an exorbitant cost. These are transit goods through Zimbabwe and not fully functional at the time until they are assembled within the importing country therefore it is our understanding that no permit would be required in Zimbabwe .  
NTB-001-223 8.6. Vehicle standards 2024-12-11 Uganda: Mutukula EAC New View
Complaint: Our company has been engaged in the transportation of Ammonium Nitrate Prill (ANDP) from Tanzania to Uganda using flatbed trailers for several years. Recently, we received notification from the Security Officers at Mutukula stating that the transportation of this product on flat decks is no longer permitted. Instead, we are now required to utilize high-sided, closed-box trailers or containers.

We understand that these regulations are in place to ensure safety and compliance; however, this change represents a significant investment for transporters, both in acquiring new equipment and in adjusting transport rates. In light of this, we kindly request that the relevant laws and specifications pertaining to the transportation of this material be made available to the public. Access to this information would greatly assist us in directing our efforts and resources effectively. Thank you for your consideration.
 
NTB-001-225 5.3. Export taxes 2024-12-28 Uganda: Malaba Uganda New View
Complaint: The Kenyan government has violated the East African Community trade agreement and has begun to impose consumption taxes on products from other East African Community countries.  
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