| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-711 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2016-06-30 |
Kenya: Mombasa County |
Burundi |
Resolved
2017-10-20 |
View |
|
Complaint:
|
Mombasa County in Kenya charges transit fees of ksh 6,000 for transit cargo truck. |
|
|
Resolution status note:
|
During the Dedicated Session of the Permanent/ Principal/Under Secretaries of Trade and EAC Affairs meeting held in Kampala to resolve long standing NTBs, Kenya reported that the internal consultations with the County Government of Mombasa had been concluded and the charge has been abolished. |
|
|
NTB-000-712 |
2.6. Additional taxes and other charges |
2016-06-30 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2016-12-07 |
View |
|
Complaint:
|
A Kenyan Exhibitor for the 40th Dar es Salaam International Tradefair charged duties on goods by TFDA and TRA. |
|
|
Resolution status note:
|
The 22nd Meeting of the EAC NTBs Forum held in December 2016 accepted Tanzania report that this was a once off incidence and that adequate arrangements had been put in pace to facilitate clearance of exhibitors goods during trade fair. |
|
|
NTB-000-713 |
2.6. Additional taxes and other charges |
2016-06-30 |
Uganda: Busia |
Kenya |
Resolved
2016-12-07 |
View |
|
Complaint:
|
Exports to DRC are subjected to verifications at Busia border and consignments sealed but an additional charges and verification is done at Busitema where the seal is broken and customer/transporter is charged. |
|
|
Resolution status note:
|
The NTB was resolved during the 22nd EAC NTBs Forum held in December 2016 |
|
|
NTB-000-714 |
6.7. Other
Policy/Regulatory |
2016-06-30 |
Tanzania: Tanzania Food and Drug Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
TFDA registers injectables as per pack size and treats each product by itself rendering retaining licences for the product very expensive. |
|
|
Resolution status note:
|
During the meeting of the NTBs Focal Points held on 19- 21 August 2019, Tanzania reported that the Bilateral meeting between Kenya and Tanzania held in December 2018, agreed that each country should to continue charging their domestic fees until when the process of harmonization is completed. Immediate implementation. The meeting called on the EAC Secretariat to facilitate the harmonization of food safety standards in the region. |
|
|
NTB-000-715 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2016-06-30 |
Tanzania: Ministry of Envinronment |
Kenya |
Resolved
2016-12-06 |
View |
|
Complaint:
|
Tanzania authority requires that heat treated wooden pallets be fumigated again at the Border, failure of which they charge penalties. |
|
|
Resolution status note:
|
At the 22nd EAC NTB Forum held in December 2016, Kenya reported that Tanzania Revenue Authority had lifted the requirement that heat treated wooden pallets be
fumigated again at the Border, failure of which they charge penalties. |
|
|
NTB-000-716 |
8.7. Costly Road user charges /fees |
2016-06-30 |
Kenya: Mombasa County |
Burundi |
Resolved
2017-10-24 |
View |
|
Complaint:
|
Mombasa Country charges transit trucks waiting to load cargo in the parking yard an amount of Ksh 500 per day. |
|
|
Resolution status note:
|
The NTBs focal Point at the Secretariat reported that this NTB had been resolved by the Dedicated Session of Senior Officials /Permanent Secretaries meeting held in Kampala on how to resolve long standing outstanding NTBs |
|
|
NTB-000-696 |
5.12. Export restraint arrangements |
2016-07-08 |
Zambia: Kafue |
|
Resolved
2016-09-13 |
View |
|
Complaint:
|
Zimbabwe Registered Transporters were offered maize loads from Zambia for export to Harare. Some of the trucks loaded and moved. A balance of 4 trucks have been held back due to what we believe are investigations by the Government of Zambia over issues related to smuggling of maize. It is understood now that the Exporters in Zambia are exporting maize illegally with false documentation.
Despite numerous and repeated requests to either off-load the trucks or verify the documents and release the trucks, the vehicles remain in Kafue with no solution in sight, 18 days after the trucks loaded. The Zambian Army is holding the trucks and the Permanent Secretary in the Ministry of Agriculture is refusing to getting involved to assist the truck release process. There are apparently around one hundred trucks being held at Kafue at present for an issue which is not related to the transporter, but which is directly related to the Exporter and the Zambian Authorities.
We urgently request that these trucks be offloaded and released by the military and Zambian Authorities as this is costing the Transporters a lot of money in lost revenue and it is illegal for the Zambian Authorities and army to hold the transporters liable in this case.
|
|
|
Resolution status note:
|
On 13th September 2016, FESARTA advised that the trucks were released so the NTB is resolved. |
|
|
NTB-000-717 |
8.6. Vehicle standards |
2016-07-13 |
Zambia: military base |
South Africa |
Resolved
2016-11-17 |
View |
|
Complaint:
|
Trucks from various countries including Zimbabwe, South Africa and Malawi origin transporting Maize bran legally with valid documentation and export permits issued by Zambian Dept of Agriculture were held at Kafue Weigh Bridge for almost a week, others longer than 3 weeks allegedly waiting for validation of export permits.
On 13 July permanent Secretary of Lusaka province arrived and Kafue bridge and after a short talk on maize smuggling to drivers ordered 31 of the trucks to be convoyed back to Lusaka to a military base under escort of military police to be impounded.
The drivers were told that upon arrival at the destination they were to take nothing from the trucks and leave. They were also told that where they were to sleep/reside was not the concern of the military personnel or authorities, it was their own problem.
At the military base the drivers manage to negotiate the removal of their clothing, blankets and personal effect , and were forced to hand over the keys to the vehicles and sign forms of impoundment.
This all for vehicles tranporting goods legally, all carrying clearing documentation legally processed by zambian clearing agents and valid legal permits issued by the Zambian Dept of Agriculture in Lusaka.
Subsequent to this another approximate 20 vehicles has experienced the same process.
Daily representations, discussions and meetings since then between various persons and organizations representing transporters and the office of the permanent Secretary of Lusaka yield no results or explanation for the impoundment of vehicles carrying legal documents, nor a date when the vehicles will be released.
Drivers are out on the streets, many with no suitable place to sleep. Some, out of desperation resorted to hitch-hiking back to their home countries.
Transporters are incurring heavy losses.
We urgently request that these trucks be released by the military and Zambian Authorities as this is costing the Transporters a lot of money in lost revenue and it is illegal for the Zambian Authorities and army to hold legally operated trucks.
The incident is also going to be escalated via the relevant countries' embassies/high commissions and Trade Authorities . |
|
|
Resolution status note:
|
On 17th November 2016, South Focal Point confirmed that the NTB had been resolved . |
|
|
NTB-000-722 |
2.8. Lengthy and costly customs clearance procedures |
2016-08-29 |
South Africa: OR Tambo International Airport |
Lesotho |
Resolved
2016-11-25 |
View |
|
Complaint:
|
The South African Revenue Services at OR Tambo have detained consignment destined for Maseru since 29 August 2016 without explanation. This is yet another time when our goods are detained for more than a week and yet they are destined for Lesotho and not South Africa. The airway bill clearly has the address of the importer being in Lesotho but South African Customs detains the goods nonetheless. South African Customs is requested to explain the rationale for detaining goods destined for other countries , in this case Lesotho and whether it is lawful that goods which arrived on 29 August are still detained? |
|
|
Resolution status note:
|
Dear Focal Points South Africa and Lesotho,
This issue was resolved long time ago. However, the SADC secretariat recommended that a long term solution be secured that responds to such questions as asked by Lesotho on above comment. You are kindly requested to recommend a way forward on the long term solutions. Otherwise we need to resolve this NTB as per current status . South Africa Focal point is of the view that we resolve it and I agree. This NTB is therefore resolved on the understanding that the Focal Points of Lesotho and South Africa will make necessary arrangements to ensure that the problem does not repeat itself in future now that it has been identified.
System administrator |
|
|
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. |
|
|
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. |
|
|
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. |
|
|
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. |
|
|
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-000-731 |
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-000-732 |
5.15. Other |
2017-01-01 |
Zambia: Zambia |
|
Resolved
2018-01-25 |
View |
|
Complaint:
|
Carbon Tax Increase over 37% for commercial vehicles |
|
|
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-000-734 |
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. |
|
|
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. |
|
|
NTB-000-821 |
6.5. Variable levies
Policy/Regulatory |
2017-02-21 |
Zambia: Zambia Revenue Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production. |
|
|
Resolution status note:
|
Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019. Zambia informed Kenya that the measure is under review and has also affected domestic companies and therefore does not violate the national treatment principle. Thus it should not be reported as an NTB. |
|
|
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. |
|
|
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. |
|
|
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. |
|
|
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. |
|
|
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. |
|
|
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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