| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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-000-760 |
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-000-758 |
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. |
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|
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. |
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|
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-000-756 |
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 |
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|
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 . |
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|
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. |
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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. |
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|
Products:
|
98 - 99: Service |
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|
NTB-000-750 |
8.8. Issues related to transit |
2017-03-01 |
Zambia: On the road |
Zambia |
Resolved
2018-01-25 |
View |
|
Complaint:
|
There are approximately 600 hundreds trucks ferrying "mukula" logs legally from DRCongo. The loads had genuine documents from Congo and the trucks were checked at kasumbalesa border upon entry to Zambian soil.
We understand that Zambia banned mukula harvesting within its territories but the activity is not banned in Congo. it is unfortunate that the trucks from Tanzania underwent the legal custom check at the border only to be impounded through an impromptu statutory instrument. The drivers and their drivers have been living under deplorable condition with their employing companies not only going through loss by way of their trucks staying idle but also through regular upkeep of their employees.
It also unfortunate that after impounding the said trucks, the relevant authorities in Zambian kept quiet. No meaningful willingness to resolve the issue has been portrayed by the relevant authorities in question. Going by SADC protocol on transit/transportation protocol there is evidence of breach/contravention of the same.
We wish to see a quick resolution of the matter to mitigate the pangs of the losses companies are making and hence the respective governments from which the same operates under.
We do need each other and we'll always need each other owing the same to globalization. |
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Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that all 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products. Therefore, this NTB should was resolved. |
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|
NTB-000-748 |
2.10. Inadequate or unreasonable customs procedures and charges |
2017-05-03 |
Zambia: Chirundu |
Zambia |
Resolved
2018-01-25 |
View |
|
Complaint:
|
There is congestion at Chirundu border as a result of the attached notice which was issued by Zambia Revenue Authority The notice advised Zambian Agents that starting 1 May 2017 no truck shall enter the Zambian scanner without the Zambian bill of entry (stamped or not stamped). Fast lane trucks must not exit the border without having the entry registered.
Below is a report from our team on the ground-
Challenges we have noticed today 09 May 2017 are that,
• It has led to chaos on the Zambian side where some trucks have arrived not registered and have clogged trucks on the queue to the scanner. Some trucks are forced to park until these trucks have been registered because there is nowhere they can move to.
• ZIMRA is not aware and were not prepared for this, although I met the bonds office and had a conversation about this before 1 May they were waiting for an official document from their colleagues which never came until yesterday when ZRA informed ZIMRA that this is the development on the Zambian side.
• Zambian importers/agents who have outstanding issues with customs or waiting for clearance instructions (agent & importer) have affected trucks which arrives while these issues are still pending, therefore trucks for these importers/agents will not be cleared and will block other trucks which were precleared leading to delays.
• Some transporters not preclearing the loads hence leading to chaos at the scanner.
• No parking space before trucks reach the scanner, only 20 trucks are accommodated there thereby leading to a queue/congestion on the Zimbabwean side.
• Transit trucks getting late while on the queue leading to late acquittal issues.
I checked on the queue (Zim side) and noticed that,
• There are 67 trucks queuing from the ZIMRA gate to Shashe area
• The queue is 1.7km long
• At the Zambian scanner trucks which are there are less than 25.
• 95% of trucks on the queue are high risk (those that pass through the scanner). |
|
|
Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that The requirement was now being well managed and the congestion it could have caused had been eliminated. The NTb is therefore resolved. |
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|
NTB-000-747 |
8.8. Issues related to transit |
2017-05-03 |
Zambia: Several Locations in Zambia |
South Africa |
Resolved
2019-08-21 |
View |
|
Complaint:
|
There are plus minus 540 trucks loaded with Mukula Wood which were loaded in the DRC, impounded by the Zambian Government in Zambia.
There is another plus minus 600 trucks still on the DRC side which have been refused entry through Zambia. These 540 trucks impounded in Zambia have been there for approximately 60 to 70 days in all different areas of the country, in the middle of the bush without any water, sanitation or access to supplies.
There has already been incidence of drivers having to leave their trucks in critical condition with malaria and other drivers with diabetes that have run out of medication, as well as a driver who suffered a stroke this morning at Kafue.
The goods were loaded in Lubambashi and other areas in the DRC and the wood is in transit through Zambia to various Ports in Namibia, South Africa, Tanzania and Mozambique.
No Seizure Notices of any sort have been given to the drivers, they trucks were impounded by the Zambian National Services and according to them it comes from the top and their hands are tied.
Last week Friday 28 April, a contingent of around 28 transporters and exporters from the DRC met with the Zambian Director of Lands to try and resolve this matter and after discussion, he informed us that there were two teams travelling around the country to verify the cargoes and endeavour to get them released.
After this meeting we met with the Permanent Secretary’s Office in Lusaka and demanded a meeting. Whereafter, we had a consultation lasting approximately 1.5 hours. The Secretary assured us that two teams had been appointed to the task of travelling around Zambia with the aim of releasing the impounded vehicles.
We brought to his attention the inhumane conditions in which these drivers have been detained and although he empathized he didn’t seem overly concerned about their plight.
On the same day, Friday a team had to be rushed to Nkonde Border between Zambia and Tanzania where there were about 110 trucks stuck on the Zambian side as Tanzania had temporarily closed the border due to the discontent on the drivers. The Secretary told us these trucks would be released the same day but until now, nothing has happened and the trucks are still there.
The 180 trucks stuck at the Kasumbalesa Border between DRC and Zambia on the Zambian side which were inspected and verified on Sunday are still stuck there and no one has been released and ZNS are not telling the drivers why they have not been released.
We estimate that there is in the region of 80-90 South Africa trucks being detained and the rest comprise of Zambian, Tanzanian, Botswana and Namibia trucks.
As you can imagine this has caused chaos with the Transporters as the banks are not getting paid and people are losing their businesses because of the dire situation. We need urgent intervention to prevent any further destruction of our businesses and the welfare of our drivers.
We have this minute been informed by drivers on the Zambian/Tanzania Border on the Zambian Side, that plus minus 250 trucks have been locked and surrounded by the Zambian Army and the drivers told to go home until further notice.
NOT ONE TRUCK HAS BEEN ALLOWED TO LEAVE. |
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|
Resolution status note:
|
During the meeting of NTB Focal Points held on 19- 21 august 2019, Zambia Focal point confirmed the report that All 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products. |
|
|
NTB-000-746 |
2.3. Issues related to the rules of origin |
2017-03-17 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-04-25 |
View |
|
Complaint:
|
Customs in Kenya are not accepting the COMESA certificate of origin which has been issued by the Competent Authority in Mauritius based on the "value addition" rule. While all criteria and conditions have been met to comply with the "value addition" rule, officials from the Kenyan Revenue Authority have blocked the consignments of refined sugar which were duly accompanied by a COMESA certificate of origin. |
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|
Resolution status note:
|
On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access. |
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|
Products:
|
1701.99: Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar containing added flavouring or colouring and raw sugar) |
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|
NTB-000-741 |
3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade |
2017-02-24 |
Angola: Port of Luanda |
South Africa |
Resolved
2018-06-07 |
View |
|
Complaint:
|
New Agency (Bromangol) have been appointed in addition to the Ministry of Health and this has resulted in duplication of processes and tests and this is additional costs for exporter. It takes 43 days to clear goods before they can enter and about 9 imports documentation and process take place. Lack of training by officials. Currently there is a freeze on the issuance of new import licenses and there is no indication as to when will the freeze be lifted. There is no transparency regarding requirements, rules and regulations to comply with exporting. All this rules and regulations changes without notification and it is expected to comply with them immediately. These results in rates introduces which differ from one port to another. (Inconsistent application). There is lack of enforcement and date which increase the uncertainty.
It take 6 - 8 weeks just to obtain visa to Angola, it is not possible to obtain a multiple entry visa. For every business trip visa is a prerequisite. Intellectually property rights legislation is not implemented and it results in litigating which is costly to protect the trademark.The time frame for credit letters used to be 30 days now it is 210 days. |
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|
Resolution status note:
|
On 7 June 2018, Angola Focal point reported that the laboratory analysis of food and / or perishable products entering Angola conducted by the company Bromangol is no longer mandatory. This activity is liberalized and has competition from any other private company interested in the sector, including the laboratories of the Ministry of Health and Agriculture. In addition, the Customs no longer require the presentation of sanitary inspection certificate issued by Bomangol as a requirement for the submission of the Customs Declaration since November 2017. |
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|
NTB-000-737 |
7.4. Costly procedures |
2017-03-01 |
|
South Africa |
Resolved
2019-08-21 |
View |
|
Complaint:
|
KBP company who constructed the new border between Zambia and DRC , about 6 years or so ago pegged crossing fees at $100/truck for the Zambia side and $100 for DRC side. The same charge is levied for the return journey therefore transporters pay total crossing fees of $400/truck for a round trip .Further , parking fees of $25/truck/day are enforced for units that stay over 24 hours in the parking bay. These fees were justified at the beginning as these were to modernize the border. However, the transport rates have tumbled by as much as 40 % and we all now have to look at cutting costs.
Taking into account the number of vehicle crossings daily, the US$ 400 crossing fees per round trip has now become a barrier to trade and is having an impact on growth in trade in the region. |
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Resolution status note:
|
During the meeting of NTBs Focal Points held on 19- 21 August 2019, Zambia reported the charges are part of the contractual obligations which will expire in 2023. |
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NTB-000-734 |
2.6. Additional taxes and other charges |
2017-01-09 |
Malawi: Muchinji |
Zambia |
Resolved
2017-09-15 |
View |
|
Complaint:
|
Whenever we have to be attended to by border officers on the Malawian side during the weekend, we are charged a fee which they term 'over-time', amounting to K1,000 Malawian Kwacha, which charge is not levied on the Zambian side. |
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Resolution status note:
|
During the 33rd Meeting of the COMESA Customs and Trade meeting held on 12 -15 September 2017, in Antananarivo, Madagascar, Malawi reported that the NTB had been resolved. |
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NTB-000-732 |
5.15. Other |
2017-01-01 |
Zambia: Zambia |
|
Resolved
2018-01-25 |
View |
|
Complaint:
|
Carbon Tax Increase over 37% for commercial vehicles |
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Resolution status note:
|
On 25th January 2018, Zambia Focal Point advised that the measure was for all motor vehicles and the highest percentage of 40% was on motor cycles and small vehicles. 37% on commercial vehicle was among the lowest percentage increases. This measure was intended to adjust the carbon emission surtax for inflation. It had not been adjusted since its introduction in 2006. This is in line with the Customs and Excise Act 47 of 2016. We propose that this be considered resolved |
|
|
NTB-000-731 |
6.6. Border taxes |
2017-01-01 |
Zambia: All Zambian Border Posts |
|
Resolved
2018-01-25 |
View |
|
Complaint:
|
Introduction of fees on all motor vehicles exiting and entering Zambia
This measure will effectively increase transportation costs for both businesses and individuals.
As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.
The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.
Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.
Effective date
All of the above measures will take effect from 1 January 2017. |
|
|
Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved |
|
|
NTB-000-729 |
6.6. Border taxes |
2017-01-01 |
Zambia: All Zambian Border Posts |
|
Resolved
2018-01-25 |
View |
|
Complaint:
|
Introduction of fees on all motor vehicles exiting and entering Zambia
This measure will effectively increase transportation costs for both businesses and individuals.
As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.
The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.
Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.
Effective date
All of the above measures will take effect from 1 January 2017. |
|
|
Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved |
|
|
NTB-000-728 |
2.6. Additional taxes and other charges |
2016-11-01 |
Zambia: Kazungula Ferry |
Botswana |
Resolved
2018-01-25 |
View |
|
Complaint:
|
Importers of beans, ground nuts and sweet potatoes from Zambia into Botswana have complained that they have of late, been charged amount in excess on BWP 1 000 by some Zambian border authority for which receipts are never issued. A number of those complaints have revealed that no receipts were issued to denote what the BWP 1 000 was being paid for. No explanation was also given. These importers have, while in Zambia paid all the charges relating to phytosanitary and other charges for their goods-receipts for such are duly produced.
The additional charge is suspected to be charged without any legal basis from Zambia Government. This additional charge is placing a burden on small traders whose livelihood depends on selling the products in Botswana. |
|
|
Resolution status note:
|
On 25th January 2018, Zambia reported that no Zambian Border Authority Charges this Fee and without receipt for that matter. Border Agencies suspect this could be a case of false representation of a Government agency. The matter will be passed on to security wings for further interrogation. If additional information could be availed to assist in identifying those involved. This NTB is considered resolved. |
|
|
Products:
|
1202.41: Groundnuts, in shell (excl. seed for sowing, roasted or otherwise cooked) |
|
|
NTB-000-727 |
4. Sanitary & phyto-sanitary (SPS) measures
A53: Fumigation |
2016-12-01 |
Botswana: Kazungula Ferry |
Zambia |
Resolved
2017-05-18 |
View |
|
Complaint:
|
Botswana border officials demand fumigation certificate for molasses. To my knowledge, foodstuffs like molasses cannot be fumigated and on the Botswana import permits (plant protection), this is not among the requirements. This leads to delays, additional costs (e.g demurrage), possible loss of business and risk of product going bad. |
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Resolution status note:
|
During the the 15th meeting of the SADC Sub Committee on Trade Facilitation held on 17- 18 May 2017, Botswana reported that Sanitary import permit is required only for molasses meal. No Sanitary or Phytosanitary import permit is required for liquid molasses and molasses powder and therefore no fumigation certificate is needed for molasses. According to the conditions set as per the Sanitary import permit, imported molasses has to be free of protein of animal origin and not contain any prohibited substances such as growth hormones. Officials from Botswana and Zambia have had a bilateral meeting and the issue has been addressed. |
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|
NTB-000-723 |
7.4. Costly procedures |
2016-09-06 |
Zambia: All ports of entry |
South Africa |
Resolved
2018-01-25 |
View |
|
Complaint:
|
Drivers are experiencing long delays in processing of the maize export permits in Zambia. It takes more than 90 days for permits to be processed by the authorities causing drivers to exceed their 90 day limit in Zambia.Once drivers reach this limit, they are required to buy work permits at a very high cost of $225. This impacts heavily on already small margins. |
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Resolution status note:
|
Zambia reported that the Ministry of Agriculture through the Department of Agribusiness and Marketing is responsible for facilitating trade through the issuance of Control of Goods Import and Export Permits for Agriculture Commodities. The process of issuance of permits starts and is completed within a period of 24 hours. Maize Grain is an agricultural commodity whose export is subject to the Control of Goods Act. Export Permits, Control of Goods, for maize are processed within 24 hours. Delays previously reported were an isolated incident that may have been caused by externalities at play then. The current status is that Export Permits, Control of Goods, for maize are processed within 24 hours. We propose that this be considered resolved. |
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