| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-520 |
6.5. Variable levies
Policy/Regulatory |
2012-06-20 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Beef and Pork from Kenya Farmers Choice are being charged 25% by Tanzania because the company is in the duty remission scheme despite the products not benefiting from the duty remission scheme. |
|
|
Resolution status note:
|
During SCTIFI meeting held on 16 November2018, Kenya reported that the NTB was resolved |
|
|
NTB-000-521 |
2.3. Issues related to the rules of origin |
2012-06-20 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
TRA rejects EAC certificates of origin . Tanzania Revenue Authority imposes a duty of 25% of EABL products exported to its subsidiary Serengeti breweries limited in Tanzania |
|
|
Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that certificates of origin are now issued for all EAC products both ion the STR and normal exports. |
|
|
NTB-000-522 |
2.3. Issues related to the rules of origin |
2012-06-20 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
Non recognition of EAC certificate of origin by Tanzania Revenue Athority for furniture products manufactured in Kenya |
|
|
Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that this was a one off incidence which had been resolved. |
|
|
NTB-000-512 |
8.6. Vehicle standards |
2012-06-01 |
Tanzania: Tunduma |
South Africa |
Resolved
2013-04-10 |
View |
|
Complaint:
|
While the SADC and most EAC countries as well as most international countries allow a vehicle length (semi truck and trailer) of 18,5 M Tanzania only allows 17,5M. This is, in itself, not really a problem, and we are willing to buy permits in order to comply with that country's rules. However the only way you can obtain a permit is to arrive at Tunduma border post (or any border post ) then you have to pay someone to catch a bus for about 900 Kms and apply in Dar es Salaam. This can take days and then to aggravate the situation, the permits will only be issued on a Thursday, then the runner has to catch a bus all the way back to the border post in unreliable busses etc. It only took two days to clear the transit goods into Tanzania for transit into Kenya, however we have had to wait approximately ten days just to get a permit for being the normal SADC length of vehicle. We are carrying UN goods and we have now missed the deadline for the goods to be loaded onto the ship in Mombasa. It is entirely unacceptable that Thousands of Dollars of time and money are now lost due to such a rule that the rest of world has moved past. Also if Tanzania wishes to continue to collect revenue for permits then is it not an easier solution for them to have an office at the border (possibly VID) that can issue a permit and allow goods to move in due time. At the very least could Tanroads, or the Ministry not simply allow pre purchase or order of the permits via internet and let VID issue and check the vehicle dimensions at the border? Why does this have to be such a difficult and time consuming issue that slows down trade into and across Tanzania's borders |
|
|
Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania had consultations with South Africa and agreed it was a one off incident and if any issues arise they should contact Tanroad office at the Tunduma Border. |
|
|
NTB-000-544 |
2.3. Issues related to the rules of origin |
2012-06-01 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2013-06-13 |
View |
|
Complaint:
|
Customs Manager Churundu, Zimbabwe, he is not giving Value to STR Simplified Trade Regime under Comesa, all congnments with a $1000 value, though it is the value threshold he is revaluing the goods in order to exceed $1000 so that the trader will will not have the benefit of not paying duty, thereby confusing traders and prejudicing them of their priviledges and rights given to then by the gorvnment of not paying duty if they buy products on the List of Eligible products |
|
|
Resolution status note:
|
On 1st June 2013, ZImbabwe Revenue Authority explained that the price paid or payable which is the transaction value is normally used to arrive at the value for duty purposes. For STR consignments where the transport and insurance has not been proved the value will be uplifted by 6% as the value for duty purposes in Zimbabwe is on a Cost, Insurance and Freight Basis.There is never an intention by Chirundu or any ZIMRA Office to deny importers their right to clear goods under STR where the goods are properly declared. Where the goods are not properly declared the offices may be forced to resort to revaluation. It should borne in mind that value of goods under STR are generally predictable as the suppliers are few, known and their range of prices can be common.
Zimbabwe Revenue Authority further observed that, this complaint is too general and is not pointing to a particular incident. Should they have a specific query, the complainant is encouraged to make a write up to the Commissioner General of the Zimbabwe Revenue Authority so that investigations are carried out and the query responded to. In the spirit of transparency the complainant is also advised to raise any issues with the Regional Manager responsible for Chirundu who is based at Kurima House in Harare.
In the absence of specific reference to affected product or incidence, this complaint will be considered resolved on the basis of the explanations above. |
|
|
NTB-000-497 |
5.1. Quantitative restrictions
Policy/Regulatory |
2012-05-08 |
Eswatini: Bordergate |
South Africa |
Resolved
2015-12-03 |
View |
|
Complaint:
|
Swaziland is to impose Quantitive import restrictions on imported edible cooking oil from within the SADC region as well as 15% import duties over and above the quantitive restriction. Such has happen already on Wheat Flour and after 8 years of 'Infancy Protection', NO IMPORT permits are issued to date. Court Case is currently being heard by the High Court of Swaziland. (Various Stakeholders versus Government of Swaziland) |
|
|
Resolution status note:
|
At their meeting held on 23 May 2013, the SCTF recalled Articles 3 and 7 of the Trade Protocol, on elimination of trade barriers and quantitative restrictions. Swaziland reported that measure was implemented in the context of the SACU, which provides for quantitative restrictions and protection of infant industry protection. SCTF requested Swaziland to provide its relevant national legal instrument and information on how the measure is applied including whether or not it is applicable to trade with non-SACU SADC FTA Member States. Swaziland undertook to provide the information as requested. Swaziland submitted the legislation as per requirement . This NTB is therefore resolved . |
|
|
Products:
|
1205.10: Low erucic acid rape or colza seeds "yielding a fixed oil which has an erucic acid content of < 2% and yielding a solid component of glucosinolates of < 30 micromoles/g", 1205.90: High erucic rape or colza seeds "yielding a fixed oil which has an erucic acid content of >= 2% and yielding a solid component of glucosinolates of >= 30 micromoles/g", whether or not broken and 1206.00: Sunflower seeds, whether or not broken |
|
|
NTB-000-513 |
1.14. Lack of coordination between government institutions |
2012-04-19 |
Zambia: Livingstone |
Mozambique |
Resolved
2013-04-10 |
View |
|
Complaint:
|
Zambian Ministry of Public Works has different operating hours compared to other border agents. On the 19th of April I got to the border at 6:30pm was cleared by both Immigration and Customs but was told that I would have to return to the border the next day because the Public Works officer had already left and I could not continue my trip without pay the toll fee.
When I enquired about this officer's working hours I was told that he left between 4 and 5pm but the border only closes at 10 pm (if memory serves me right). |
|
|
Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Zambia reported that the differences in the working hours for the different agencies had been brought to their attention and that all border agencies operate at the same operating hours. |
|
|
NTB-000-494 |
2.3. Issues related to the rules of origin |
2012-04-17 |
Tanzania: Namanga |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
Furniture International Ltd had reported in 5th April that locally manufactured furniture in Kenya with an EAC certificate of origin have been stuck in Namanga borders for more than two weeks that means in mid March. The company ended up paying full duties and incurred a loss of more than US$ 3,000. Three is need for mutual recognition between TRA and KRA in regard to certificates of origin since for example the case cited goods were clearly marked made in Kenya. |
|
|
Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that this was a once off incident which has been corrected. |
|
|
NTB-000-493 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2012-04-16 |
South Africa: Gauteng |
South Africa |
Resolved
2013-05-23 |
View |
|
Complaint:
|
Note: This is not reported by South Africa, but by FESARTA; a sub-regional organization.
The South African National Roads Agency, SANRAL, is planning to introduce new toll fees on its upgraded Gauteng freeways (E-tolls). The proposed fees are in excess of fees agreed at regional level, viz:
In 2007, the SADC-recommended road user charge for South Africa, was US$2.92/100kms, for a heavy goods vehicle. In 2009, this was revised to US$3.46/100kms. These recommended figures were calculated from the road maintenance data submitted to SADC by South Africa in those years.
On its busiest freeway, the N3 from Durban to Gauteng, the 2012 toll fees charged by SANRAL amount to approximately US$13/100kms. This is far in excess of the fees recommended by SADC.
Now, SANRAL is proposing to charge around US$19/100kms for the use of the Gauteng freeways by a heavy goods vehicle.
It is considered that these fees are excessively high and will unnecessarily add to the cost of goods to the consumer in the East and Southern African region. |
|
|
Resolution status note:
|
At its 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, SCTF noted that the report was based on toll fees that were not yet implemented. As such traders are not affected. It was agreed that matter be filed until such time that the fees are effected |
|
|
NTB-000-498 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2012-03-14 |
Kenya: Mombasa sea port |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Congestion in the Dar-es- Salaam and Mombasa Ports |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the ports of Mombasa and Dar Es Salaam are implementing National single window system to redress delays at the ports. This NTB is therefore resolved |
|
|
NTB-000-499 |
8.7. Costly Road user charges /fees |
2012-03-14 |
|
Tanzania |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Non-harmonized road user charges / road tolls in EAC Partner States. |
|
|
Resolution status note:
|
On 14 June 2022 the EAC Secretariat reported that the SCTIFI meeting agreed that this is not an NTB since RUC is not harmonized in all EAC Partner States. The complaint is removed from the TBP |
|
|
NTB-000-500 |
8.8. Issues related to transit |
2012-03-14 |
Tanzania: Along MAjor highways |
Rwanda |
Resolved
2015-11-30 |
View |
|
Complaint:
|
Weighing of empty trucks in Tanzania |
|
|
Resolution status note:
|
Tanzania introduced weighing in motion |
|
|
NTB-000-501 |
2.9. Issues related to transit fees |
2012-03-14 |
Kenya: Busia |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Delays in issuing bonds at Kenya border with Uganda for tea meant for auction in Mombasa |
|
|
Resolution status note:
|
On 5 December 2013 Kenya Focal Point reported that the NTB had been resolved. The Republic of Kenya had over the last two years taken various measures to address all challenges faced by traders along the northern transport corridor some under the presidential directives and committees to resolve all barriers to trade.
Kenya focal point requested that the Republic of Uganda provide an update on the currentsituation to clarify whether it was an issue of delay and if so, what is the current experience? |
|
|
NTB-000-502 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2012-03-14 |
Kenya: Malaba |
Rwanda |
Resolved
2012-09-28 |
View |
|
Complaint:
|
Delays at Malaba border for trucks driving to Uganda due to lack of facilities at the border |
|
|
Resolution status note:
|
The Focal points for Kenya and Rwanda reported that the scope of facilities reported missing at malaba include Air, Port, Rail, Road, Border Posts facilities and therefore making it quite difficult to address the NTB. It was therefore recommended that the NTB be removed from the system and any folow up complaint should be be reported accurately to reflect the true position of operations at the border in reference. Border posts facilities at Malaba are in place and operational. |
|
|
NTB-000-503 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2012-08-24 |
View |
|
Complaint:
|
Kenya has introduced Cash Bond on used clothes and shoes / other items considered of high value |
|
|
Resolution status note:
|
During the 7th EAC forum Kenya reported that the Cash Bonds on used shoes and clothes was been abolished as recommended by the Mombasa Ministerial meeting on NTBs in March 2012 |
|
|
NTB-000-504 |
2.6. Additional taxes and other charges |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Kenya has introduced Customs warehouse rent that starts after the release of cargo manifest. |
|
|
Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this issue was resolved with the signing of Service Level Agreement between the Kenya Ports Authority and the Container Freight Stations. This ensures that there is no double or additional charges |
|
|
NTB-000-505 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Requirement by KRA for transporters to have introductory letters from URA on certain products / consignments, e.g. tyres and spirits. |
|
|
Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this NTB had been resolved. Kenya Revenue Authority issued a notice to all Transporters , shipping agents, clearing and forwarding agents on the electronic cargo tracking systems as the principal systems for monitoring the movement of cargo under customs territory and all stakeholders were expected to comply by 31st January 2014 .
The Vehicles that are fitted with Electronic Cargo Tracking Systems WOULD:
1. Get waiver of TGL fees
2. Be able to carry goods on transfer to other partner states and within Kenya subject to approval
3. Enjoy the priority loading at the all customs areas and
4. Move without customs escort through the Northern corridor.
Transporters and shipping lines and agents are now allowed to carry goods along the corridor without challenges previously affecting them. |
|
|
NTB-000-506 |
1.1. Export subsidies
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Plant Health Inspectorate Services |
Tanzania |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Delays by Partner States to harmonize SPS protocol has resulted in cut-flower from Tanzania for re-exports to Europe and Russia blocked by Kenya. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the blockage had been lifted. This NTB is therefore resolved. |
|
|
NTB-000-507 |
2.3. Issues related to the rules of origin |
2012-03-14 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lack of recognition of CTH criteria in the EAC Rules of Origin for motor vehicles by Tanzania, Uganda and Rwanda |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now recognizing EAC rules of origin. This NTB is therefore resolved. |
|
|
NTB-000-508 |
8.7. Costly Road user charges /fees |
2012-03-14 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2013-10-17 |
View |
|
Complaint:
|
Kenyan Trucks entering into Tanzania are charged a levy of US$ 200 each |
|
|
Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that the $200 Charged on all Tracks entering Tanzania had been abolished abolished effectively from June 2012 and instructions had been sent to all posts to stop charging this levy. |
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