| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-997 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2018-07-01 |
Uganda: Uganda VAT |
Kenya |
Resolved
2021-10-19 |
View |
|
Complaint:
|
Uganda charges Kenya manufactured excise books VAT at 18%. The VAT is not levied on Uganda locally manufactured books. The discriminative VAT is in violation of Article III of GATT 1994, Article 75(6) of the Treaty establishing the EAC and Article 15 of the EAC Custom Union Protocol as it subjects Kenyan manufactured products to VAT charges not charged on same domestic products in Uganda. |
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|
Resolution status note:
|
During the Regional Meeting held in October 2021, the Republic of Kenya confirmed that the NTB was Resolved |
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|
NTB-000-852 |
2.6. Additional taxes and other charges |
2018-07-05 |
Tanzania: Ministry of LiveStock |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Increase of Import and Export fees on animal and animal products by Tanzania. Tanzania has amended the “Animals & Animal Products Movement Control (Amended) Regulations, 2018” that has increased the charges. |
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Resolution status note:
|
The CoC guided that:-
Refer the imposition of additional levies under the animal diseases (Livestock Markets) Regulations, 2018 by URT under Government Notice 476 of 31st August 2018 to SCTIFI.
The Secretariat guided that where national laws impose levies on imports and exports, this should not apply to goods originating within the EAC.
URT informed the meeting that such charges exist in other Partner States.
The SCTIFI meeting agreedthat this guidance should therefore be applicable to all Partner States.
The matter was resolved. |
|
|
NTB-000-829 |
2.4. Import licensing |
2018-07-13 |
Zimbabwe: Ministry of Industry & Commerce and Enterprise Development |
Mauritius |
Resolved
2019-08-15 |
View |
|
Complaint:
|
We, Soap & Allied Industries Ltd, Mauritius have shipped under the BL no. MEDUPL008430 & Comesa No.487/18 & BV CoC No.ZWE 2018 206608 / 0001 of 3 FCL of Detergent Powder since 19th June 2018 and reach on 13th July 2018, Our end consignee MEGA MARKET PVT LTD, Mutare, Zimbabwe has already apply for an Import permit month back which same use to be release within a week time.
Unfortunately they still awaiting for the permit for releasing of these FCL till now.
The Detention fee and storage charges incured are too much due to extended days and these will affect the selling cost for end customer as they are not able to clear out the goods.
Note: 3 more FCL of the same products already depart from Mauritius on 08th July 2018 and closed to reach.
We wish to have your attention on that issue and your kind consideration for the smooth doing business between both countries under the proper condition and trade agreement.
We request Zimbabwe to kindly consider on Urgent basis to assist our customer MEGA Market PVT Ltd to obtain the license so that the goods can be cleared. |
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|
Resolution status note:
|
On 22 August 2019, Zimbabwe Focal Point reported that the import licence was issued therefore the NTB is resolved. During the national workshop to launch SMS tool, Zimbabwe reported that the issuance of licences took a maximum 24 hours . Delays are cause d by late or non submission of required documentation. |
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|
Products:
|
3402.20: Surface-active preparations, washing preparations, auxiliary washing preparations and cleaning preparations put up for retail sale (excl. organic surface-active agents, soap and organic surface-active preparations in the form of bars, cakes, moulded piece |
|
|
NTB-001-033 |
1.8. Import bans |
2018-08-01 |
Tanzania: Tanzania Ministry of Livestock Development and Fisheries |
Kenya |
Resolved
2021-10-14 |
View |
|
Complaint:
|
Tanzania denial of Permission for importation of Turkey meat into Tanzania and instead decline approval of permit and ask local distributors to source it locally in Tanzania. |
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|
Resolution status note:
|
Transfer of meat and meat products to Tanzania is allowed, reference is made to the importation permit issued on 24th August, 2021 (Which is attached by the importer). Also, The Animal and Animal products Movement Regulations, GN 489 published on 29th June, 2020 does not prohibit transfer of turkey meat to Tanzania. There is no evidence attached by importer to show that turkey meat from Kenya was denied market in Tanzania. Hence this is not an NTB. |
|
|
NTB-000-831 |
3. Technical barriers to trade (TBT)
B82: Testing requirement |
2018-08-07 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-10-18 |
View |
|
Complaint:
|
Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar. |
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|
Resolution status note:
|
During the 4th Meeting of COMESA Sub Committee on Trade facilitation held in Nairobi on 17- 19 October 2019 , Kenya and Mauritius reported that the NTB had been resolved . |
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Products:
|
1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13) |
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NTB-000-848 |
1.8. Import bans |
2018-08-09 |
Uganda: Ministry |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Uganda’s limitation on importation of processed meat products from within the region. It also addressed it as a measure to promote local capacity in Uganda to produce such processed meats rather than importing meat and meat products from the Partner States. |
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|
Resolution status note:
|
Uganda informed the meeting that the letter was meant for internal traders who were sourcing for processed meat from outside the EAC and was not meant for traders within the EAC Partner States.
So the Meeting agreed that this NTB is resolved. |
|
|
NTB-000-851 |
1.4. Preference given to domestic bidders/suppliers |
2018-08-09 |
Tanzania: Ministry of Livestock |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Discrimination of beef products by Tanzania where Tanzanians are advised to source beef locally. |
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|
Resolution status note:
|
Tanzania informed the SCTIF meeting that the importer was advised and was given an import permit.
The Meeting agreed that this NTB is resolved. |
|
|
NTB-000-832 |
3. Technical barriers to trade (TBT)
B82: Testing requirement |
2018-08-28 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-10-18 |
View |
|
Complaint:
|
All consignments of Sugar are systematically being on hold at customs in Mombasa for analysis though prior to shipment in Mauritius, a Certificate of Analysis is being issued and verified by SGS Mauritius and a Certificate of Conformity is issued by SGS South Africa based on Certificate of Analysis.
Same SGS is a recognized International Standards Body mandated by KEBS, we would like to understand why the sugar are also being analysed before clearance in Mombasa? |
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|
Resolution status note:
|
On 18th October 2019 , Mauritius reported that the Mauritian exporters reported that the consignments were released. We propose that this NTB be marked as resolved. |
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|
Products:
|
1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13) |
|
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NTB-000-850 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2018-09-01 |
Kenya: Namanga |
Tanzania |
Resolved
2018-11-16 |
View |
|
Complaint:
|
KRA has issued a public notice which introduced Single Custom entry clearance that increases cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. If you have to clear 100 trucks it will cost Kshs 850,000/- |
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|
Resolution status note:
|
The NTB was discussed in the CoC and agreed that the SCT TWG should analyse the risks of making one bulk declaration and cost implications of multiple declarations. The TWG should work out a mechanism for knocking off cargo.
The Secretariat informed the meeting that the TWG on SCT will develop a framework to knock off cargo in the customs clearance system from 11th-15th Dec 2018.
The matter is to be resolved by the CoC. |
|
|
NTB-000-845 |
8.4. Transport related corruption |
2018-09-03 |
Tanzania: Rusumo |
Rwanda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania has introduced an escort fee imposed by TRA from Dar Es Salaam to Rusumo. |
|
|
Resolution status note:
|
Tanzania reported that this NTB was resolved through administrative procedures. |
|
|
NTB-000-841 |
2.3. Issues related to the rules of origin |
2018-09-06 |
Uganda: Malaba |
EAC |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Uganda does not recognize the calibration certificate issued by Weight and Measures Agency (WMA) for oil tanks from URT |
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|
Resolution status note:
|
Tanzania reported during the 25th EAC Regional Forum on NTBs that it was Resolved |
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|
NTB-000-840 |
2.3. Issues related to the rules of origin |
2018-09-06 |
Tanzania: Namanga |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania not granting preferential tariff treatment and non-recognition of EAC Certificate of Origin issued by KRA to leaf springs. |
|
|
Resolution status note:
|
Kenya reported during the 25th EAC Regional Forum on NTBs that it was Resolved |
|
|
NTB-000-846 |
7.5. Lengthy procedures |
2018-09-06 |
Tanzania: Namanga |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania registers Kenya Trucks carrying transit goods. |
|
|
Resolution status note:
|
Tanzania informed the meeting that it is not a new registration but recording them in the system for the purpose of the SCT. This is done annually and is free. URT informed the Meeting that this is declaration and recording of trucks but not registration.
The NTB was resolved |
|
|
NTB-000-843 |
2.3. Issues related to the rules of origin |
2018-09-12 |
Kenya: |
Tanzania |
Resolved
2018-11-16 |
View |
|
Complaint:
|
KRA does not give preferential treatment for Azam energy drink exported by bakressa company and has uplifted invoice from USD 3.97 to 5.04 for Azam drink juice products. KRA has uplifted the invoice per carton of Azam drink juice products of Azam Bakhresa Group. KRA restricted 2 trucks that carried 50 tons of Azam Energy Drink to enter Kenya from Tanzania. KRA restricted the trucks until they paid extra tax for each carton from USD 3.97 to USD 5.04. The uplifting of the invoice value happened after the customer had already paid all taxes for KRA by using value of USD 3.97. |
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|
Resolution status note:
|
During the Meeting, URT reported that this NTB was not resolved. |
|
|
NTB-000-849 |
1.14. Lack of coordination between government institutions |
2018-09-12 |
Uganda: Kampala |
Rwanda |
Resolved
2018-11-28 |
View |
|
Complaint:
|
Two Trucks on Transit from Rwanda to Mombasa carrying minerals for export are impounded by Uganda Mineral Protection Police Unit. |
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|
Resolution status note:
|
Uganda confirmed to have received evidence of this NTB from Rwanda. The Trucks that were being held had no customs issue as they had fulfilled all transit requirements. The Uganda Mineral Protection Police Unit had held the trucks claiming the transit documents were forged however, customs was consulted and proved that the documents were genuine.
The SCTIFI meeting held in November, 2018 was informed that the Ministry of Foreign Affairs – Uganda convened a meeting and resolved that matter.
The matter was resolved. |
|
|
NTB-000-849 |
1.14. Lack of coordination between government institutions |
2018-09-12 |
Uganda: Kampala |
Rwanda |
Resolved
2018-11-28 |
View |
|
Complaint:
|
Two Trucks on Transit from Rwanda to Mombasa carrying minerals for export are impounded by Uganda Mineral Protection Police Unit. |
|
|
Resolution status note:
|
The NTB was resolved during meeting of Nov 2018 |
|
|
NTB-000-856 |
2.3. Issues related to the rules of origin |
2018-09-18 |
Tanzania: TRA |
Uganda |
Resolved
2019-04-30 |
View |
|
Complaint:
|
Denial of market access to sunflower oil. |
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|
Resolution status note:
|
During the 27th Regional Monitoring Uganda reported that Tanzania accorded Uganda sunfower originating status therefore this NTB had been resolved. |
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|
NTB-000-858 |
7.5. Lengthy procedures |
2018-09-19 |
EAC |
Uganda |
Resolved
2019-04-26 |
View |
|
Complaint:
|
Denial, Delays and Mis-handling of Uganda beverages especially soft drinks and Bella wines entering Burundi, Tanzania, Kenya and Rwanda markets. Customs Officials usually delay clearing of Uganda soft drinks and Bella wines manufactured in Uganda entering Burundi and Rwanda without any justification thus causing damages and losses. |
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|
Resolution status note:
|
During the 27th NTBs Forum held from26th April - 4th May 2019 Rwanda and Uganda reported that this problem has been resolved |
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|
NTB-000-838 |
2.3. Issues related to the rules of origin |
2018-09-20 |
Uganda: Malaba |
Tanzania |
Resolved
2018-11-16 |
View |
|
Complaint:
|
A to Z Textile Mills Ltd based in Arusha exported textile products to Uganda with EAC Certificate of Origin but URA did not offer the preferential tariff treatment and a 25% import duty was imposed on the products |
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|
Resolution status note:
|
URT informed the meeting that A to Z Textile Mills Ltd is not in the EPZ. Although the company was gazetted for duty remission they did not use it. Tanzania requested to de-gazette the Company from the duty remission scheme.
Uganda reported that once the company is de-gazzeted, she will provide the products that qualify preferencial treatment.
The meeting declaired the NTB resolved. |
|
|
NTB-000-844 |
Insurance |
2018-09-28 |
Uganda: Police |
Burundi |
Resolved
2018-09-28 |
View |
|
Complaint:
|
Non-recognition of the COMESA Insurance by Uganda in case of accident. |
|
|
Resolution status note:
|
Uganda reported that under the Law, in case of a fatal accident, the drivers are supposed to be taken to court unless you opt to resolve it. The meeting agreed that this NTB has been resolved. |
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