| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-999 |
2.3. Issues related to the rules of origin |
2020-12-01 |
Uganda: Busia |
Kenya |
Resolved
2021-03-23 |
View |
|
Complaint:
|
Uganda denial of Market access on Fay Aluminium Foil and Fay Cling they have instead charged full CET to Kimfay Kenya manufactured products.
KRA conducted a verification visit to Kimfay premises as required under the EAC ROO 2015 to ascertain origin and certified in 2016. Since then the company has been exporting under EAC preferential Treatemnt until December 2020 where URA charged full CET and also charged infrastructure levy and excise duty despite the two products meeting the criteria for EAC rules of Origin 2015.
New imposed levies Fay Cling Film film Fay Aluminium Foil
Excise duty 10% 0
Infrastructure levy 1.50% 1.50%
Import duty 0 25%
Existing tax
VAT 18% 18
|
|
|
Resolution status note:
|
During the NMC it was noted that not all aluminium foil is denied preferential treatment in Uganda. The criteria cited to grant the Origin was contrary to Rule 6 of the EAC RoO 2015. Hence the denial of preferential treatment. KRA will take it up to engage the trader on the matter. Hence the issue is not an NTB and was RESOLVED |
|
|
Products:
|
7607.20.90: -- Other |
|
|
NTB-001-010 |
2.6. Additional taxes and other charges |
2020-03-20 |
Uganda: Busia |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the SCTIFI meeting was informed that Uganda Law provides that processed chicken is charged VAT and is not discriminatory.
The meeting agreed that it was not an NTB and therefore resolved |
|
|
Products:
|
0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus |
|
|
NTB-001-018 |
3. Technical barriers to trade (TBT)
B84: Inspection requirement
Policy/Regulatory |
2021-05-12 |
Uganda: Malaba |
Kenya |
Resolved
2021-07-06 |
View |
|
Complaint:
|
Uganda subjecting to Kenya perfumed petroleum jelly certified with Kenya SMark and manufactured using the EAC harmonized standards to Destination Inspection (DI) and it's costly charges. This violates the EAC SQMT Act 2006 mutual recognition principal and makes the cost of Kenya products to increase. This has been done despite KEBS writing a letter to UNBS, they proceeded with subjecting Kenya petrolium jelly products to DI and delays for over two weeks. These act by Uganda has negatively affected Kenya export of the products as DI fees and it's process including the delays is extremely high and increases the cost of the products. |
|
|
Resolution status note:
|
The issue was discussed between the CEO of KEBs and UNBSs and resolved.
It was an operational issue arising from the use of the wrong standard. |
|
|
NTB-001-019 |
4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons |
2021-03-01 |
Uganda: Malaba |
Kenya |
Resolved
2021-07-06 |
View |
|
Complaint:
|
PVOC is currently a requirement for seed shipment into Uganda. This is causing considerable delays in seed shipment. In addition, the enforcement of PVOC requirements in Uganda is based on Uganda standards 821. There is however a disconnect between the Uganda standards and the parent seed regulations in terms of some of the conformity requirements such as label markings where the UG standards is asking for markings that are not in the Seed regulations. |
|
|
Resolution status note:
|
This is a legal requirement where all commodities under mandatory standards go through PoVC inspection and the standard in question is a harmonized East African Standard and not an NTB. Hence the issue is operational and should be resolved in the system |
|
|
NTB-001-042 |
2.6. Additional taxes and other charges |
2021-12-13 |
Uganda: Malaba |
Kenya |
Resolved
2022-05-05 |
View |
|
Complaint:
|
Uganda denial of preferential market access for footwear manufactured in Kenya by Umoja Rubber |
|
|
Resolution status note:
|
Uganda Focal Point advised that this assessment was done before full declaration. The consignment wasn't charged all the indicated taxes after submission of relevant origin documents as in the attachment posted in the system. |
|
|
Products:
|
6402.99: Footwear with outer soles and uppers of rubber or plastics (excl. covering the ankle or with upper straps or thongs assembled to the sole by means of plugs, waterproof footwear of heading 6401, sports footwear, orthopaedic footwear and toy footwear) |
|
|
NTB-001-044 |
1.15. Other |
2021-12-03 |
Uganda: Malaba |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Uganda Revenue Authority has introduced a mandatory requirement for import certificate for export and transit cargo to DRC and South Sudan.
This requirement is causing delays to transit cargo to Congo and Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf. This negatively affects export business. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that this requirement is causing delays to transit cargo to Congo and South Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf.
The SCTIFI meeting was informed that this was upon the request of RSS and DRC and was later recalled. Hence the NTB is resolved. |
|
|
NTB-001-046 |
8.8. Issues related to transit |
2021-12-03 |
Uganda: Malaba |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
On 3rd December Traders reported that URA enforce regulation on all transit cargo to South Sudan and DRC, where all consignment are to pay a fee of $150 to $214 depend on the type of cargo, and those charges are collected by private company "Sunco Ltd." its said to be a contract between South Sudan government and K-Polygone SAS. then K-Polygone contracted Sunco Ltd. When the issue was raise to the Ministry of Trade by the National Chamber of Commerce Industry and Agriculture. at the time goods have stop flowing to Nimule border of South Sudan, Then Minister of trade issue ministerial order suspending the contract between its ministry and K-Polygone to allow smooth follow of goods to RSS, Upton date traders are still complaining the charges at Malaba border of Uganda still on going and the matter is not resolve.
|
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that charges are collected by the private company "Sunco Ltd." at the Malaba Uganda border
The two Partner States agreed to handle the matter administratively and is resolved. |
|
|
NTB-001-079 |
2.6. Additional taxes and other charges |
2022-10-24 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-05-10 |
View |
|
Complaint:
|
RESUBMITION
DISCRIMINATORY CHARGES BY UGANDA : 18% VAT ON FROZEN WHOLE CHICKEN
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT. It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from EAC countries.
The issue had been reported under NTB-001-010 and indicated as resolved. However, on checking in the URA system, VAT is still charged on frozen whole chicken meat |
|
|
Resolution status note:
|
The NTB was considered and resolved under NTB-001-010. The new evidence provided was incomplete and could not furnish Uganda with enough information. Hence the issue is still considered resolved. |
|
|
NTB-001-112 |
1.2. Government monopoly in export/import |
2023-01-01 |
Uganda: Ministry of Finance |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda Denial of Market Access to EAC Partner States Under Preferential Treatment by charging full CET of 35% to juices origination from Kenya transferred to Uganda by Bidcoro. |
|
|
Resolution status note:
|
During the 43rd SCTIFI the Republic of Uganda informed the meeting that the company Bidcoro was under a country-specific duty remission scheme to import raw materials for the manufacture of fruit juice from September 2021.
Kenya informed the meeting that the company is no longer gazetted under the country-specific DRS
The meeting therefore agreed that the NTB is resolved |
|
|
NTB-001-113 |
2.8. Lengthy and costly customs clearance procedures |
2023-01-01 |
Uganda: |
Kenya |
Resolved
2023-05-17 |
View |
|
Complaint:
|
T1 generation delays:
T1 Mapping on to ICMS system from URA portal for generation of C2
• Goods are sometimes sent back to await clearance at the exporters’ expense.
• Truck Delays at loading bay due to lack of transport document to move along the corridor to partner state
• Time wasted, additional costs such as unit logistics costs due to number of days
-Delays at border Clearance- exit
a) Real time synchrony with partner agency systems as envisaged.
b) Quicker exit and entry clearances- online portal to facilitate trade on realtime. |
|
|
Resolution status note:
|
The RMC noted that the issue was operational and such issues are handled by the SCT ICT technical working group. This technical working group was put in place to handle such ICT-related issues as they occur The meeting, therefore, agreed that it is better handled there and be removed from the TBP |
|
|
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 ) |
|
|
NTB-001-211 |
2.13. Issues related to Pre-Shipment Inspections |
2024-10-01 |
Uganda: UNBS |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by UNBS. Where the institution refused to recognize PERMITS Issued by KEBS. Unfortunately, efforts to engage with border and Headquarters UNBS officials have not been fruitful because the manufacturer didn't receive any help insisting that Kenya manufacturers pay the destination Inspection fee despite products having standardization marks with harmonized standards.
UNBS demand that payments for destination must be done without any other documents issued by UNBS.
Additionally, it’s been a challenge getting sample receipts when UNBS pick samples for every consignment. Manufacturers would demand drivers to pay for lack of evidence of the huge samples taken by UNBS. Also clients receive less paid items due to samples collected by UNBS. This is unfair and has raised concerns to Kenya manufacturers and clients in Uganda.
Affected products include cosmetics products |
|
|
Resolution status note:
|
EAC has Harmonized Standards for Furniture, but they are not exhaustive. The trader was transferring types of furniture falling in a category where no harmonized standard exists. In such circumstances the goods might be subject to retesting.
The meeting hence noted that this was not an NTB but an operational challenge and should be referred to the Committee on Standards for consideration. |
|
|
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-000-089 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Tanzania: Tanzania Revenue Authority |
Mauritius |
Resolved
2011-05-23 |
View |
|
Complaint:
|
There are long administrative procedures at the customs department with Tanzania Revenue Authority and other affiliated organizations. There are too many stages to go through before a container is released. |
|
|
Resolution status note:
|
Tanzania reported that easing of Customs Procedures and Improvement in Customs Clearance; Documentation procedures have been decentralized as a result of use of online lodging of documents and extended working hours at the custom's department, among other improvements. |
|
|
NTB-000-093 |
7.5. Lengthy procedures |
2009-07-26 |
Tanzania: Banking Institutions |
Mauritius |
Resolved
2011-05-23 |
View |
|
Complaint:
|
Tanzania banks delay processing bank documents resulting in vessel arriving at the port of destination before the importer receives the original documents from the bank. |
|
|
Resolution status note:
|
Tanzania reported that the complaint is obliged to comply with banks’ requirements to speed up the process |
|
|
NTB-000-149 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Tanzania: Tanzania Revenue Authority |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Despite efforts to improve the situation, customs procedures in Tanzania are cumbersome. In most cases, depending on the type of product, there is a long verification chain that involves many steps and numerous documents have to be handled/exchanged in the process of importing. |
|
|
Resolution status note:
|
Tanzania Revenue Authority reported that all customs documentation are now obtained and processed online. Traders engage Clearing Agents for clearing goods who obtain all documents online. |
|
|
NTB-000-154 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Tanzania: Tanzania Bureau of Standards |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Delays and high cost of screening honey. Tanzania Bureau of Standards takes from 3 to 4 weeks with constant follow up; 20 items are screened on payment of T50,000/- |
|
|
Resolution status note:
|
Tanzania Bureau of Standards reported that there is some improvement on the dwell time at TBS Test house. There has been an influx of samples in the food sector which has resulted in companies having to wait for maximum 1-2 weeks. The current capacity of the conformity infrastructure (soft and hard), has necessitated that TBS Laboratory applies a first come first attended procedure. TBS encourages the business community not to wait until the last hour before they lodge their enquiry.
2. The cost of conducting an analysis is determined by the type of analysis to be conducted and therefore the cost of the reagents which goes up with time. Example, the current (2011) analysis cost for Honey is 160,000.00Tanzanian Shillings per sample. |
|
|
NTB-000-156 |
7.9. Inadequate trade related infrastructure |
2009-07-27 |
Tanzania: Along major highways |
Tanzania |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Weighing equipment in some stations is sometimes faulty, meaning that even when a truck has a proper seal, weight readings at different stations vary. Also, there are numerous stations along the major highways, which do not respect seals even when it is clear that such seals have not been tempered with. The most notorious stations are along Moshi and Kibaha on Nairobi-Dar-es-salaam highway. |
|
|
Resolution status note:
|
The 10th meeting of SADC Committee on Trade Facilitation accepted Tanzania's explaination that problem arose due to packaging and loading of containers at the port. If containers are not properly packed, goods move while on transit and affect weigh on an axle. Distribution of weight on an axle may be correct at point of departure, but after some distance, it may change as cargo moves. Since weighing is on axles not cargo, different numbers may be recorded at
a weigh bridge. It was reported that sensitization was already being undertaken to alert traders to reduce the possibility of movement of goods inside containers while in transit by packing properly. The meeting therefore agreed to consider the NTB resolved. |
|
|
NTB-000-158 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Tanzania: Ministry of Agriculture |
Tanzania |
Resolved
2016-05-18 |
View |
|
Complaint:
|
Cumbersome procedures for , SPS certificates and the permits.The Ministry utilitises its own laboratories in Dar es Salaam with support from Tropical Pesticide Research Institute in Arusha which takes even more time. |
|
|
Resolution status note:
|
The procedures are being streamlined |
|
|
NTB-000-159 |
4.1. Issues related to sanitary and phyto-sanitary measures
A83: Certification requirement |
2009-07-27 |
Tanzania: Ministry of Health |
Tanzania |
Resolved
2011-08-30 |
View |
|
Complaint:
|
Cumbersome certification procedures for certification of milk inputs.Certification officers are based in Dar es Salaam and going to Tunduma for verification is very cumbersome |
|
|
Resolution status note:
|
Tanzania Revenue Authority reported that TRA does random physical verification as part of risk management analysis before clearing mainly on textiles motor vehicles. |
|
English
Français
