| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-216 |
6.2. Administrative fees |
2024-10-06 |
Kenya: Mombasa sea port |
Rwanda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Mombasa county charges: At Mombasa Port they charge county fees where they pay 700 KEShs but these fees are never communicated to the truck driver in any way. Consequently, after some months you get a message that you have parking fees arrears with fines for late payment which can reach 7,000 KEShs.
|
|
|
Resolution status note:
|
The meeting considered the matter and noted that as per the evidence provided, the charges were related to parking fees. The meeting highlighted that it is the obligation of the driver to pay for related parking fees whenever he parks in a chargeable area hence the issue is not as an NTB. |
|
|
NTB-001-215 |
7.1. Arbitrariness |
2024-10-03 |
Kenya: Traffic Police |
Rwanda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Arbitrary fines charged to drivers in Kenya not commensurate to the fines specified in Kenya Traffic Control Act 2015
For instance, the driver was fined 25,000 Kenyan shillings where he was supposed to pay only 10,000 Kenyan shillings (Section 53 (1) and 67). Also, Kenya Traffic Control Act (2015) prohibits someone from driving a commercial vehicle for more than a total of eight hours in any 24-hour period (section 66A). This should not apply to transit trucks since the international best practice for maximum driving time for truck drivers is between 11 and 14 hours a day.
|
|
|
Resolution status note:
|
Kenya informed the meeting that the driver was arrested on 12 / 09 / 2024 while driving a Motor Vehicle with Registration No. RAE 579B / RL2395 M / Benz Actros and was consequently presented before Makindu Law Court charged with the following offenses:
● Count 1: Failing to maintain parts and equipment of the M / Vehicle contrary to Section 55 (1) as read with Section 58 (1) of the Traffic Act Cap 403 Laws of Kenya without rear reflectors). The accused pleaded guilty and was fined KSHS 15,000
● Count 2: Causing obstruction, contrary to Section 53 (1) as read with Section 53 (4) of the Traffic Act Cap 403 Laws of Kenya. The accused pleaded guilty and fined KSHS 10,000 / =
Hence amounting to a total of KSHS. 25,000
The Republic of Rwanda submitted that there is need to notify counterparts in case a National of one Partner States is charged in another Partner States and Traffic offenses should be distinguished from crime. |
|
|
NTB-001-212 |
2.10. Inadequate or unreasonable customs procedures and charges |
2024-10-01 |
Uganda: URA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by URA. Where the institution refuses to recognize the weights of export documents of the sealed goods, C2 and road consignment notes. Uganda usually issues notice of seizure for mis appropriation of weight across items. Unfortunately, efforts to engage with border officials have not been fruitful because the officers demand for 100% verification for all the consignments every time at the cost of the manufacturer. This is regardless the products being fragile and without good equipment to offload and load. At times the items brake causing loses to paid products.
All shipments to Uganda are subjected to 100% verification by URA, This has huge cost implications and delay in delivery of the goods. Some of the products affected include ceramic products - Close Couple Toilet, Basin and Pedestal. |
|
|
Resolution status note:
|
The Senior Officials noted that it is a customs procedure to verify goods transferred and not an NTB. The meeting further emphasized the need for due consideration to be given considering the nature of the products which are fragile. |
|
|
NTB-001-194 |
1.8. Import bans |
2024-08-13 |
Kenya: Ministry of Agriculture and Livestock Development, State Department for Agriculture |
Uganda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
On 13th August 2024, the Government of Kenya, through the Ministry of Agriculture and Livestock Development's State Department for Agriculture, imposed a ban on the importation of brown/table sugar into Kenya through an internal communication from the Principal Secretary. This decision was based on the significant improvements in the production of locally manufactured sugar in Kenya as quoted in the letter.
The letter though internal nal was brought to our attention.This action is in direct violation of the East African Community (EAC) Customs Union Treaty. Under Article 75 of the Treaty, the EAC establishes a free trade area for goods and services among partner states, while also outlining the application of Common External Tariffs (CET). Furthermore, Articles 76 and 104 of the Common Market Protocols emphasize the free movement of goods, people, labour, services, and capital between partner states, as well as the rights of establishment and residence, without restrictions that may hinder regional integration.
The ban, therefore, undermines the principles of regional cooperation and integration enshrined in the EAC Treaty.
There is no mention that the ban won't affect member states. |
|
|
Resolution status note:
|
During the 45th SCTIFI meeting, the Republic of Kenya reported that the communication was an internal proposal that was not implemented. There is no ban on Sugar transfers from EAC Partner States per the Public Notice of 9 September 2024 issued by the Office of the Cabinet Secretary from the Ministry of Agriculture and Livestock Development. |
|
|
NTB-001-149 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-24 |
South Africa: Durban sea Port |
Lesotho |
Resolved
2024-04-04 |
View |
|
Complaint:
|
Pls see below container No. which is to be stopped by Sars.
RSU6006851 Case No.: 480928296 Vessel will berth on 27/11
As you know all vessels in Durban delayed so long more than one month. There are Fabric and Accessaries in this container. We urgently need the Fabric and Accessaries from our import containers for export. Pls kindly urgently help to release the container.
Highly appreciated |
|
|
Resolution status note:
|
Good day,
This issue is resolved. Kindly mark it as resolved.
Kind Regards,
Rendani |
|
|
Products:
|
6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted |
|
|
NTB-001-148 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-23 |
South Africa: Durban sea Port |
Lesotho |
Resolved
2024-05-31 |
View |
|
Complaint:
|
Pls kindly see below containers that are to be stopped by SARS.
1. MSKU0755208(Case No.: 480816390), vessel will berth on 27/11
2. MRKU3124436(Case No.: 480819630), vessel will berth on 27/11
3. NYKU4442550(Case No.: 480020360), vessel will berth on 3/12
4. BSIU9818016 (Case No.: 480069900),vessel will berth on 3/12
As you know all vessels delayed so long more than 1 month. Our productions are waiting for the materials. We urgently need all the materials for the garments of export. Pls urgently help to release all these containers.
Highly appreciated |
|
|
Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
|
|
Products:
|
6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted |
|
|
NTB-001-150 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-12 |
Lesotho: DURBAN PORT |
South Africa |
Resolved
2024-05-31 |
View |
|
Complaint:
|
THERE IS QUERIES IN REGARDS TO THE FABRIC AND BEING INSPOECTED, BUT NO RESULT HAS BEEN OUT FROM SARS SINCE A LONG TIME |
|
|
Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
|
|
NTB-001-144 |
2.13. Issues related to Pre-Shipment Inspections |
2023-11-10 |
South Africa: Durban sea Port |
Lesotho |
Resolved
2024-05-31 |
View |
|
Complaint:
|
The Release Documents is 7 days prior to vessel arrival because of cargo dues and upon receiving Arrival Notice. The EDI document was sent for release on the 9th of November 2023 the query came in on the 10th of November 2023, and normally it would be released in less than 6 hours but up to date it hasn't been released. We need the import urgently to be released in order to avoid any delays with our Export Orders. |
|
|
Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
|
|
Products:
|
6006.32: Dyed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long and 6006.34: Printed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "lo |
|
|
NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
|
|
Resolution status note:
|
Secretariat advised that this is an operational issue can be discussed in Customs Committee |
|
|
NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
|
|
Resolution status note:
|
The issue was considered during the bilateral meeting that took place in Kisumu. During the meeting, Both Parties agreed that no administrative measures including uplifting the customs value of products from the other Party be taken without consultations. Kenya has since reviewed the customs values downwards. The issue was hence resolved |
|
|
NTB-001-136 |
2.6. Additional taxes and other charges |
2023-10-03 |
Tanzania: TRA |
Kenya |
Resolved
2024-07-04 |
View |
|
Complaint:
|
URT Denial of preferential Market Access for Kibo Motorcycle transferred from Kenya into URT. URT is instead demanding for full CET instead of granting the preferential treatment as the motorcycle has been accompanied with the certificates of Origin. We urge URT to grant preferential treatment to Kenya manufactured motor cycles. |
|
|
Resolution status note:
|
There was a mistake in the Certificate of Origin. Kenya needs to rectify it and Tanzania grants preferential treatment. This is not an NTB and hence should be removed from TBP. The NTBs are resolved |
|
|
NTB-001-130 |
1.14. Lack of coordination between government institutions |
2023-09-30 |
Kenya: Busia |
Kenya |
Resolved
2023-10-11 |
View |
|
Complaint:
|
Dairy Board officers not in work over the weekend and week days after 1500HRS yet is 24 hr operational |
|
|
Resolution status note:
|
The issue was addressed and the trader confirmed he was served |
|
|
NTB-001-143 |
3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT
Policy/Regulatory |
2023-09-22 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
The consignment of Hermetic Bags manufactured by A to Z Textile Mills Ltd of Arusha Tanzania vide export invoice No. OE/7505/23-24 and Road Consignment Note No. 306 was seized by Kenyan Bureau of Standards (KEBS) and held for twenty (20) days as from 22nd September 2023 to 12th October 2023 against the Mutual Recognition arrangement of certified products in the community as per the dictates of SQMT Act of 2006.
The product is certified by Tanzania Bureau of Standard (TBS) as conforming to EAC standard EAS 985-1:2020 and given license No. 4290.
Test results of a sample collected by KEBS from the seized consignment proved that the product conforms to the requirements of the standard - EAS 985-1:2020.
The seizure by KEBS robbed the Tanzanian Company an opportunity to trade, delayed the transfer of goods to her client in Nairobi and loss of TZS 1,668,205/= paid for warehouse rent and reloading of the goods.
Seizure notice, Test results from KEBS, Invoice, Payment receipt and TBS letter to KEBS are attached for reference.
Therefore, I request Kenyan Authorities to;
i. Respect Mutual Recognition arrangement of certified products
ii. Refund the amount of money which was paid by the exporter for unjustifiable seizure of certified goods from Tanzania |
|
|
Resolution status note:
|
The NTB was resolved during the Bilateral meeting where both Parties agreed to adhere to the provisions of the SQMT Act and no Party should take any action without consultations with other standards bodies. Hence the demand for mutual recognition was addressed. The refund is still under consideration in the bilateral arrangements |
|
|
NTB-001-137 |
1.7. Discriminatory or flawed government procurement policies |
2023-09-04 |
Rwanda: Rwanda Revenue Authority |
Kenya |
Resolved
2024-03-20 |
View |
|
Complaint:
|
Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya
The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda. |
|
|
Resolution status note:
|
Rwanda advised that " According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectioneries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn" |
|
|
NTB-001-141 |
5.5. Import licensing requirements |
2023-08-15 |
|
Uganda |
Resolved
2024-07-04 |
View |
|
Complaint:
|
SOUTH SUDAN IS IMPOSING EXTRA LICENSING REQUIREMENTS ON IMPORTS.
On August 15, 2023, the South Sudan government, represented by the South Sudan National Bureau of Standards, issued a memo affecting importers in the country. The memo stipulates that all food items imported into South Sudan must be accompanied by a Certificate of Conformity (CoC), which includes an attached Certificate of Analysis from a reputable laboratory. This new requirement has several implications like Extended Process Duration, Business Impediments among others. |
|
|
Resolution status note:
|
The CoC is not applicable anymore. Hence the NTB was resolved |
|
|
NTB-001-117 |
2.10. Inadequate or unreasonable customs procedures and charges |
2023-05-02 |
South Africa: Maseru Bridge |
Lesotho |
Resolved
2024-05-31 |
View |
|
Complaint:
|
We have done trade with Eswatini for 33 years and tried to be fully compliant with SARS, but they keep changing the rules and moving the goal posts. We have paid R709,000-00 in provisional VAT taxes that have not been returned to my Company via our clearing agent, Kayhil Freight. Kayhil Freight says that SARS is not processing the acquittal documents and paying them. I do not know who is telling the truth, but we remain short on cash flow by R709,000-00 despite submitting each acquittal on time and without fault. SARS officials are now insisting on Removal in Bond licenses for us to use our own vehicles to deliver to customers in Eswatini, and as such we are not allowed to cross the border. We have been charged Penalties, despite trying to follow the rules imposed by SARS. Please help us we are desperate. |
|
|
Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
|
|
Products:
|
3003.90: Medicaments consisting of two or more constituents mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail sale (excl. antibiotics containing hormones or steroids used as hormones, but not containing antibiotics, al |
|
|
NTB-001-116 |
8.8. Issues related to transit |
2023-05-01 |
|
Uganda |
Resolved
2023-07-03 |
View |
|
Complaint:
|
There are 13 road blocks between Nimule and Juba and traders are losing over SSP. 150,000 each. |
|
|
Resolution status note:
|
During the 42nd SCTIFI, the Republic of South Sudan reported that the SCTIFI directed South Sudan to remve all road blocks and this directive was implemented. There are only two road blocks from Nimule to Juba hence this NTB was resolved. |
|
|
NTB-001-124 |
2.3. Issues related to the rules of origin |
2023-05-01 |
Tanzania: Namanga |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
URT denial of preferential Treatment to Motorcycle Accessories exported to TZ by Silverline Accessories LTD in Kenya. URT is charging full CET despite the exported spares having the EAC Certificate of origin confirming that the spares have been manufactured in Kenya and qualify for the EAC preferential treatment. In addition, URT have declined to respond to interventions by the Kenya Revenue Authority and the EAC Secretariat.
We request URT to grant preferential treatment to Motorcycle Accessories exported by Silverline LTD in Kenya and incase URT have any doubts on the origin they should facilitate delivery of the goods and follow the ROO/protocal/EACCMA procedures to verify & ascertain their concerns. |
|
|
Resolution status note:
|
The 45th SCTIFI meeting noted that a verification was undertaken whereby the headlamps, tail lamps, and indicators qualified for preferential treatment and are being granted preferential treatment in the United Republic of Tanzania as directed by the 44th SCTIFI. The side mirrors however that had not qualified in the first verification also qualified for preferential tariff treatment under Rule 4(1) (b) of the EAC Rules of Origin, 2015, since they met both criteria i.e. material content and Change in Tariff Heading (CTH) after a second verification. |
|
|
NTB-001-104 |
1.8. Import bans |
2023-03-06 |
Kenya: Kenya Diary Board |
Uganda |
Resolved
2023-03-20 |
View |
|
Complaint:
|
IMPORT BANS AND DENIAL OF MARKET ACCESS BY KENYA.
On 6 Mar 2023,the government of Kenya through the Kenya Diary Board stopped the issuing of import permits for powdered milk as a means of cushioning the surplus production and low producer prices in Kenya.
By this, Kenya is breaching EAC customs union protocol and the customs union that makes us a common market as well.This is denying ugandan powdered milk access to the kenyan Market and will negatively impact trade relations between the two countries. |
|
|
Resolution status note:
|
The 42nd SCTIF noted that the NTB was resolved. |
|
|
NTB-001-114 |
1.7. Discriminatory or flawed government procurement policies |
2023-02-01 |
Uganda: URA |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.
Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back. |
|
|
Resolution status note:
|
The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 ) |
|
English
Français
