| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-754 |
7.3. Corruption |
2017-07-01 |
Mozambique: Police checkpoint in Dondo |
Mozambique |
Resolved
2020-02-06 |
View |
|
Complaint:
|
A week or so ago one of the drivers got stopped at Dondo Check Point in Mozambique.
They told the driver that his International Driving Permit (AA) was fake.
We ended up having to pay a fine of 50,000 mts equating to $833.00. With administration charges we have paid out $1,026.00 (fine attached)
The AA have verified our Driving permit is actually not fake.
Attached the report from our agent in Beira of Beloma Mr. Dirk Dieltiens.
Attached his report and correspondence.
Attached the old and new Permit from AA and the letter confirming documentation is in good order. |
|
|
Resolution status note:
|
on 6 February 2020, SADC NTBs Focal Point advised that they had contacted the Mozambican Focal Pont who confirmed that the NTB was resolved. |
|
|
Products:
|
98 - 99: Service |
|
|
NTB-000-788 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Ethiopia: All Ethiopian banks. |
Egypt |
Resolved
2020-07-09 |
View |
|
Complaint:
|
Ethiopian banks are requiring invoices for sales to Ethiopian customers to be stamped by a Chamber of Commerce in Egypt as validation for letters of credit, which is contrary to COMESA rules. Indeed, as per Rule 10 of the COMESA Protocol on Rules of Origin, the only documentary evidence to demonstrate that a good originates from a COMESA Member State is a certificate of origin (not invoices). Consequently, any company should be able to issue an invoice from any country inside or outside the COMESA region, as long as the origin of the products themselves is correctly documented according to COMESA rules through a certificate of origin. Ethiopian banks should comply with Rule 10 of the COMESA Protocol on Rules of Origin and stop requiring invoices to be stamped by predetermined entities (including, inter alia, by a Chamber of Commerce in Egypt). |
|
|
Resolution status note:
|
On 9 July , Egypt reported that Egypt accepted Ethiopia feedback which is compliant with the COMESA Rules of Origin |
|
|
NTB-000-807 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Denial of preferential treatment on automotive products manufactured in Kenya by Toyota Tsusho East Africa Ltd. (TTEA) when exported to Tanzania i.e. for both Toyota Land cruiser 79 pickups and Hino trucks and buses. The products are being subjected to full CET duties. |
|
|
Resolution status note:
|
During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Tanzania reported that she observed EAC RoO on Motor vehicles which grants preferential treatment for automotive products assembled in EAC Partner States. Kenya reported during the Forum that this issue was resolved. |
|
|
NTB-000-808 |
2.3. Issues related to the rules of origin |
2017-06-01 |
|
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of Edible Oil and products manufactured in Kenya by all edible oil manufacturers in Kenya when exported to Tanzania. The products are being subjected to full CET duties by Rwanda and Tanzania. |
|
|
Resolution status note:
|
The SCTIFI in November, 2018 was informed that where the certificate of origin is queried, goods should not be stopped from moving but the custom administration should call for a bond as security of the goods until the verification exercise is complete.
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Separation of materials) of the EAC Rules of Origin.
Kenya reported that the NTB for Lubricants & edible oils has been resolved. |
|
|
NTB-000-809 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas manufacturers ltd in Kenya and exported into Uganda. |
|
|
Resolution status note:
|
The SCTIFI meeting held on 16 November 2018 was informed that Uganda had reported that the Company manufacturing the referenced products was under duty remission regime and hence should attract full CET but it was later confirmed that it is not under duty remission and the Uganda Revenue Authority started granting preferential Treatment. The NTB was resolved. |
|
|
NTB-000-756 |
8.7. Costly Road user charges /fees |
2017-05-05 |
Kenya: Kaijado County |
Burundi |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Namanga/Kajiado County charges 2,000 Ksh for all Burundi cargo trucks transiting Kenya |
|
|
Resolution status note:
|
During the Focal Points meeting held on 19- 21 august 2019, Kenya reported that this NTB had been resolved. Kajiado County no longer charges the 2000Ksh for Burundin cargo. Burundi confirmed that although they had confirmation of the charge for June 2019, there had not been any further charges in from July 2019 . However, both countries will continue to monitor . This NTB is therefore resolved . |
|
|
NTB-000-757 |
2.8. Lengthy and costly customs clearance procedures |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Long lead time to confirm paid taxes; for exports into Tanzania once entries have been lodged and taxes paid, it takes 1 week for Tanzania Revenue Authority to confirm that taxes have been paid. The process of confirmation is supposed to take 1 day. |
|
|
Resolution status note:
|
The 25th EAC NTBs Forum held from 9-12 May 2018,was informed that this matter had been resolved by the bilateral meeting between URT and Kenya. |
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|
NTB-000-758 |
6.5. Variable levies
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania Revenue Authority imposes a Weights and measures levy at 2% of the customs value for every export. The levy is not being picked on the customs entries as is the norm but on a different collection sheet raising questions on authenticity of the levy. |
|
|
Resolution status note:
|
During the SCTIFI meeting held on 16 November 2018, Tanzania reported that this is a weight and measures levy that is paid by all including Tanzania exporters and hence it is not an NTB. The Meeting recommended that the levy should be harmonised across EAC Partner States. |
|
|
NTB-000-760 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-10-16 |
View |
|
Complaint:
|
Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not. |
|
|
Resolution status note:
|
During the Bilateral Meeting held on 27th April 2019, both Kenya and Tanzania, Tanzania reported that Cement transfered from Kenya is granted preferential treatment which was disputed by Kenya. The Tanzania Revenue Authority agreed to provide feedback in one week. The meeting was informed by the Secretariat that the NTB was resolved during the CoC meeting of April 2019. |
|
|
NTB-000-760 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-10-16 |
View |
|
Complaint:
|
Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not. |
|
|
Resolution status note:
|
During the Regional meeting held on 16th October, 2019 it was agreed that the complaint that says, "Kenya further reported that, in addition, Tanzania has introduced another requirement whereby before Kenya export cement, Kenya manufacturers need to send a sample of cement to Tanzania Government chemist for sampling. This is causing delays and it's costly to test and to take samples to Tanzania. This is really frustrating cement from Kenya." should be deleted from the system as Kenya could not provide evidence on the same. |
|
|
NTB-000-761 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Uganda |
|
|
Resolution status note:
|
The SCTIFI meeting held on 16 November 2018 was informed that the stay of application on textile and apparels expired on 30th June 2018 and was not renewed
The NTB was resolved by the Committee on Customs (CoC) . |
|
|
NTB-000-762 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania |
|
|
Resolution status note:
|
During SCTIFI meeting held on 16 November 2018, Kenya reported that stay of application ended on 30th June, 2018 and there was no extension for the same. The NTB was therefore resolved. |
|
|
NTB-000-763 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-28 |
View |
|
Complaint:
|
Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda. |
|
|
Resolution status note:
|
The Secretariat reported that the SCTIFI meeting was informed that Uganda provides preferential treatment. The matter is therefore resolved |
|
|
NTB-000-763 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-28 |
View |
|
Complaint:
|
Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda. |
|
|
Resolution status note:
|
The SCTIFI meeting was informed that Uganda provides preferential treatment. The matter is resolved |
|
|
NTB-000-764 |
5.13. Other quantity control measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Bureau of Standards |
Kenya |
Resolved
2018-02-09 |
View |
|
Complaint:
|
Tanzania does not recognize quality marks issued by Kenya authorities despite the fact that Partner States are implementing harmonized regional standards. Tanzania expects all products imported into that country to meet Tanzania standards. |
|
|
Resolution status note:
|
During the Extra Orinally SCTIFI that sat in February, 2018, Tanzania reported that they recognise quality marks on products from other EAC Partner States. Hence this NTB is resolved. |
|
|
NTB-000-765 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Tanzania does not recognize price adjustments for duty purposes particularly the reduction by milk processors in Kenya. |
|
|
Resolution status note:
|
During the Regional Monitoring Committee meeting of 2018, Tanzania reported that, this is not an NTB but a valuation issue that can be resolved between the revenue authority and the importer. KRA and TRA were therefore quested to hold a bilateral meeting to resolve the matter by 21st November 2018.2. The Regional meeting held from 29 April - 3 May 2019 referred the matter to the Committee on Customs for resolution. |
|
|
NTB-000-766 |
5.13. Other quantity control measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Food and Drugs Authority |
Kenya |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products. |
|
|
Resolution status note:
|
During the bilateral Meeting held from 23- 27 April 2019, Tanzania reported that what is required is not the formula but the ingridients/composition contained in the product and it is an international requirement. Tanzania was of the view that the NTB should tabled during the meeting of the Standards committee where food and drugs experts are members.
However, the Meeting agreed that this NTB is resolved. |
|
|
NTB-000-767 |
7.4. Costly procedures |
2017-05-05 |
Tanzania: Tanzania Food and Drugs Authority |
Kenya |
Resolved
2019-04-30 |
View |
|
Complaint:
|
TFDA delays issuance of registration certificate causing Kenyan companies to lose out on trade. The finalization of the accepted label can take between 3-12 months. This additionally increase the cost of doing business as a manufacturer would have to pay certification fees more than three times to have one label approved due to the deadlines imposed in terms of getting labels approved. Kenya products have been stranded at the borders or manufacturers warehouse because they have not passed TFDA requirements. |
|
|
Resolution status note:
|
Tanzania informed the Regional Monitoring Committee meeting on 3rd May 2019, that TFDA had reduced the certification period from 3- 12 months to 45 days as per international requirements. She observed that most delays were caused by late submission of required information by agents at the time of processing the registration and therefore urged Partner States to respond to queries logged on them on time , to avoid unnecessary delays. |
|
|
NTB-000-770 |
7.4. Costly procedures |
2017-05-05 |
Tanzania: Namanga |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance. |
|
|
Resolution status note:
|
During SCTIFI meeting held on 16 November 2018, Tanzania reported that since the commencement of the SCT, goods are not verified at the border and hence there are no more delays. NTB was therefore resolved |
|
|
NTB-000-772 |
1.14. Lack of coordination between government institutions
Policy/Regulatory |
2017-05-05 |
Tanzania: Ministry of Works, Transport & Communication |
Kenya |
Resolved
2018-01-17 |
View |
|
Complaint:
|
Tanzania are charging railway development levy (RDL) to Kenya products. Tanzania is not adhering to the EAC law where it states clearly that products within the EAC should not be subjected to RDL |
|
|
Resolution status note:
|
During the Bilateral meeting that took place in January 2018, the Permanent/ principal Secretaries took note that Tanzania does not levy RDL on products originating in the EAC region. And hence the NTB was Resolved. |
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