| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-933 |
7.7. Complex variety of documentation required |
2018-10-12 |
Egypt: Port Said Sea Port |
Mauritius |
Resolved
2020-10-08 |
View |
|
Complaint:
|
The Egyptian authorities require a number of lengthy and costly documentation for clearance of consignment at customs. The identified cumbersome documentation requirements are as follows:
1. All export documents must be signed and stamped by the exporter's legal representative
2. All export documents must be signed and stamped by the Prime Minister's Office of Mauritius (Apostille requirement)
3. All export documents must be signed and stamped by Ministry of Foreign Affairs of Mauritius (Apostille requirement)
4. All export documents must be signed and stamped by the Egyptian Embassy in Mauritius
5. All export documents must be signed and stamped by the Mauritius Chamber of Commerce and Industry
Some products also require a Certificate of Origin issued by the Mauritius Chamber of Commerce and Industry despite being already accompanied by a COMESA Certificate of Origin. |
|
|
Resolution status note:
|
During the 5th Meeting of the COMESA Trade and Trade Facilitation Sub Committee held on 6- 8 October , Mauritius reported that the NTB had been resolved |
|
|
NTB-000-837 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-10-23 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Imposition of withholding tax of 20% on demurrage charges by Kenya. |
|
|
Resolution status note:
|
NTB was resolved during the SCTIFI |
|
|
NTB-000-836 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-10-26 |
Tanzania: Tanzania Dairy Board |
Rwanda |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Milk exported to Tanzania attracts numerous charges collected by different institutions including Tanzania Bureau of Standards, Tanzania Foods and Drugs Authority and Tanzania Dairy Board.
Also, to import a kilogramme of milk in Tanzania, under the newly signed Animal Diseases and Animal Products Movement Control Regulations published on 31st August 2018 (Government Notice No 476) and which entered into force on 1st October 2018, Tanzania now requires to pay Tsh 2,000 on milk imported from outside the country from Tsh150. This is a 1,233% increase (https://allafrica.com/stories/201810030671.html ).
This is a total ban since milk imported cannot compete with the local one. |
|
|
Resolution status note:
|
URT reported to the regional meeting that TFDA does not exist, TBS and TMDA do not charge. Hence the issue of numerous charges is resolved. The Tanzania Dairy Board Charges have been revised from 2,000 to 1,000 through Government Notice number 478 of July 2022. The remaining charge is part of the ongoing process of harmonization of fees, levies, and charges. Hence the meeting agreed that the NTB is resolved. |
|
|
NTB-000-890 |
7.10. Other |
2018-11-19 |
Kenya: Moi International airport |
Tanzania |
Resolved
2019-04-23 |
View |
|
Complaint:
|
A Tanzania trader (02 Export Gem Company Limited of Arusha, Tanzania) had exported a consignment of minerals to Kenya. However, the business deal was not sealed and hence the consignment was directed to be taken back to the Country of Origin (Tanzania). All documentation regarding the return of the consgnemnt were processed between TRA and KRA and were concluded. But KRA could not realease the consignment to the Tanzania Trader. Despite all efforts made physically, on phone and in writting, KRA has held the consignment since November, 2018 to date. The company has incured losses in following up on the consignment including among others Hotel bills, escort fees, transfer car fees, storage fees, fees related to documentation processing.
KRA is required to release the consignment to the trader and re-emburse all the costs related to the delay in releasing the consignment. |
|
|
Resolution status note:
|
This matter was therefore resolved at the Bilateral meeting held on 22-23 April 2019 between Kenya and Tanzania . Kenya committed to deliver the minerals to the trader on 27th April, 2019 at Taveta border Post |
|
|
NTB-000-883 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-12-17 |
Kenya: KRA |
Tanzania |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Introduction of Tax Stamp/Printed Codes:
Under the Kenya Excise Act of 2015, the Kenya Revenue Authority (KRA) introduced either tax stamp or printed codes on beer and KEG manufactured or imported into Kenya with effect from 1st February 2016 at the cost of KShs. 1.50 per stamp with a manual application which raises the cost to USD 5.5/hl. |
|
|
Resolution status note:
|
During the Bilateral Meeting between Tanzania and Kenya held on 23rd - 27th April, 2019 in Arusha, Tanzania.Kenya reported that this is a domestic function under the Domestic laws and falls under the Domestic Tax Harmonization.
Tanzania requested Kenya to consider lowering the charges and the fees should be issued electronically. Kenya recommended to wait for domestic harmonization process to be completed.
Recommendation: Both Parties agreed to handle the matter under domestic tax harmonization ad therefore matter is resolved. |
|
|
NTB-000-882 |
2.3. Issues related to the rules of origin |
2018-12-17 |
Tanzania: Namanga |
Tanzania |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Denial of preferntial treatment for products produced by Tanzania Breweries (TBL) Ltd.
Kenya is insisting that Tanzania produced Beer (Redds and Castle Lite) are manufactured in South Africa. |
|
|
Resolution status note:
|
During the Bilateral Meeting held on 23- 27 April, both parties agreed to undertake verification of the plants. Meanwhile, Kenya will accord preferential treatment to Tanzania beer . |
|
|
NTB-000-924 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-01-14 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products. |
|
|
Resolution status note:
|
The regional Meeting held in February 2023 agreed that the NTB had been resolved |
|
|
NTB-000-878 |
2.8. Lengthy and costly customs clearance procedures |
2019-01-29 |
South Africa: Maseru Bridge |
Lesotho |
Resolved
2019-02-01 |
View |
|
Complaint:
|
We are experiencing delays by SARS customs who are taking time to inspect our container that is in transit. The delay is causing difficulties to meet the vessel to carry the shipment as it will be closing on Thursday 31st January at 06:00am and we are running out of time. |
|
|
Resolution status note:
|
This NTB was resolved too late and the consignment missed the vessel thereby adding to transport costs. Lesotho reported that:
1. The inspection took long resulting in the consignment missing the vessel in Durban Harbour; trader incurred additional costs by taking the consignment to Cape Town instead of Durban; and
2. the congsinor was charged provisional payments upon the release of the consignment.
Lesotho observed that SARS treatment of Lesotho transit goods compromises prospects of Lesotho's international trade opportunities as the country seeks to expand and diversify both products and markets to contribute to economic growth and poverty reductionNTB Focal Point in South Africa are requested to assist in clarifying the situation on inspection with SARS at Maseru Border Post to expedite the process. |
|
|
NTB-000-921 |
5.5. Import licensing requirements |
2019-04-01 |
Tanzania: TMDA |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
TMDA requires that registration of injectables be done per product instead of a pack size. The registration requirement increases cost of the products. |
|
|
Resolution status note:
|
The RMC meeting held on 10 August 2020 was informed that Tanzania registers injectables per pack size as per the registration of pharmaceuticals regulation 5 subsection 6. Hence NTB is resolved |
|
|
NTB-000-902 |
8.8. Issues related to transit |
2019-04-03 |
Tanzania: TRA |
Burundi |
Resolved
2019-05-10 |
View |
|
Complaint:
|
The application of VAT for transit goods that spend more than one month in URT without being loaded |
|
|
Resolution status note:
|
During the 27th RMC meeting, the Republic of Burindi reported that transit goods which have spent more than 30 days in Tanzania are charged VAT, when they exit.The Republic of Burundi resubmited to the Secretariat the evidence that was submitted to the United Republic of Tanzania. The United Republic of Tanzania informed the meeting that the fee is charged on services rendered to the trader after the 30 days of the grace period and these services are taxable. The United Republic of Tanzania informed the Sectoral Committee on Trade that as per the evidence given the fee is charged on services rendered to the trader but not on the transit goods after expiry of the 30 days of the grace period and these services are taxable. Hence the United Republic of Tanzania considered the issue not qualifying to be an NTB. Hence the issue was resolved. |
|
|
NTB-000-903 |
8.4. Transport related corruption |
2019-04-05 |
Kenya: Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret |
Rwanda |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Multiple police check points from Mombasa to Malaba (Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret).
During the 27th RMC meeting the Republic of Rwanda reported that there are many check points from Mombasa port to Malaba/Busia which charge money to transporters. |
|
|
Resolution status note:
|
The RMC held on 1 September 2020, agreed that this NTB is resolved and urged Kenya to make sure road blocks don't emerge again |
|
|
NTB-000-904 |
1.14. Lack of coordination between government institutions |
2019-04-05 |
Uganda: Mutukula |
Tanzania |
Resolved
2019-10-31 |
View |
|
Complaint:
|
Posting of sufficient personnel to Mutukula One Stop Border Post (OSBP). Tanzania has already deployed staff necessary to meet the 24/7 working hours. But Ugandan border officials does not work 24/7. Thus, business from Tanzania to Uganda is severely affected. |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade held on 31 October 2019, the Republic of Uganda reported that the Mutukula OSBP is now fully operational at 24/7 basis. The following number of staff from respective agencies were deployed:
Customs (URA) - 25
Immigration (MIA) - 11
Ministry of Agriculture Animal Industry and Fisheries - 3
All other relevant agencies (MAAIF) are present at the OSBP
Hence the NTB was resolved. |
|
|
NTB-000-891 |
2.8. Lengthy and costly customs clearance procedures |
2019-04-09 |
South Africa: Cape Town |
Eswatini |
Resolved
2020-02-04 |
View |
|
Complaint:
|
SARs stopped containers for inspection and are demanding proof of payment from consignee/buyer to the exporting company (Supplier) for the goods in transit to Eswatini. The affected company, Long Wei Investments are experiencing delays and incurring storage and demurrage charges at the port of discharge in Cape Town. SARS has withheld the consignment for over seven days from 9th April 2019. SARs are asking for different documentation at different times and dates thereby further delaying the inspection process and release of the consignments. The affected products are on Bill of Lading No. COSU6198384160 |
|
|
Resolution status note:
|
The Focal Point for Eswatini reported that the matter had been resolved. |
|
|
NTB-000-901 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2019-05-03 |
|
Kenya |
Resolved
2019-10-15 |
View |
|
Complaint:
|
South Sudan is subjecting Kenyan exports to Certificate of Conformity (CoC); South Sudan through their Ministry of EAC and Industry has written letters to Kenya manufacturers informing them that there will be a penalty of 15% CIF on all imports into the Republic of South Sudan without CoC. Exporters are required to have their consignments verified in the country of export before shipment. |
|
|
Resolution status note:
|
During the Regional Monitoring Committee held on 15th October, 2019 the Republic of Kenya reported that the NTB was resolved. |
|
|
NTB-000-894 |
3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. |
2019-05-14 |
South Africa: Maseru Bridge |
Lesotho |
Resolved
2019-05-22 |
View |
|
Complaint:
|
SARS inspection process takes too long thereby delaying transit of goods destined for the Port. TZICC Clothing Manufacture, requesting SARS to expedite clearance of their declaration which was done last May 14, 2019. The container has not been cleared as at Wednesday 22 May 2019 our Container has not been release yet. The Export Container is going to United States of America and there is a schedule that the company need to meet specially the vessel Stack Dates in Durban. Case # 313253631 was pending since Wednesday and it took so long for SARS to answer or response on the query. 1st we do the VOC 2nd they ask for the Sales Contract 3rd they ask for the Provisional Payment amounting R28866.87 which was already done paying Friday 17 May 2019, everything was uploaded on Friday but SARS has not responded as on 22 May 2019. TZICC are not in a position to know what is going on as SARS are not answering on the system.
This container will cost a lot if the consignment misses the vessel again in Capetown just because of SARS Customs. |
|
|
Resolution status note:
|
On 22 May 2019, South Africa Focal Point reported that discrepancies that were picked up which resulted in the delay of the declared consignment were rectified. The case has been finalised and released. |
|
|
NTB-000-898 |
2.13. Issues related to Pre-Shipment Inspections |
2019-05-30 |
South Africa: SGS South Africa |
Mauritius |
Resolved
2020-01-17 |
View |
|
Complaint:
|
All consignments subject to Pre-Shipment Verification of Conformity (PVoC) must obtain the Certificate of Confirmity (CoC) prior to shipment.
On average, it takes SGS South Africa about 3-5 days to respond to a request made by the exporter for issuing the CoC, and it takes them further 15-20 days to produce the CoC. In the meantime, the Mauritian exporting company has to incur several financial constraints while waiting for the CoC. |
|
|
Resolution status note:
|
On 17 January 2020, Mauritius Focal Point advised that the exporter has negotiated with SGS South Africa to reduce the number of days taken to obtain the Certificate of Conformity (CoC). SGS South Africa is taking a maximum of 12 days to process the CoC instead of 25 days.
The exporter has advised that they are now satisfied with the processing time. |
|
|
NTB-000-922 |
2.13. Issues related to Pre-Shipment Inspections |
2019-05-30 |
Uganda: UNBS |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
Lack of recognition of online KEBs standardization mark validity.
Delay in release of shipment , increased cost of transportation
UNBS and KEBS to mutually recognize online standardization mark validities/online KEBs certificate to avoid any costly delays. |
|
|
Resolution status note:
|
The SCTIFI held in September 2020, noted that the issue is operational and should be referred to the quality assurance technical subcommittee for consideration and resolution. The NTB is resolved from this EAC Time Bound Programme. |
|
|
NTB-000-934 |
2.13. Issues related to Pre-Shipment Inspections |
2019-05-30 |
Kenya: Ministry of Industry, Trade & Cooperatives |
Mauritius |
Resolved
2020-07-10 |
View |
|
Complaint:
|
Under the PVoC (Pre-Shipment Verification of Conformity) program, all regulated products to be imported in Kenya have to undergo verification and testing in the country of supply and a Certificate of Conformity (CoC) has to be issued to demonstrate that they meet the requirements of the applicable national standards or approved equivalents and technical regulations. The CoC is mandatory for customs clearance.
However, all consignments subject to PVoC must obtain the CoC prior to shipment. This is where it becomes a barrier.
As a result of this measure, Mauritian exporters of HS 22071090 have to bear additional time and cost in shipping the products to Kenya.
We are therefore requesting the relevant Kenyan authority to amend its measure so that the Certificate of Conformity be requested upon the arrival of consignment instead of prior to shipment. The procedures to obtain the CoC and the shipment of the products can be done in parallel. By the time the products reach Kenya, the COC will be ready to be submitted at the port of entry. |
|
|
Resolution status note:
|
Kenya appreciate Mauritius concerns on NTB No. 934 regarding pre-shipment verification. We therefore confirm that this NTB has been resolved as evidenced by legal notice no. 78 dated 28th April 2020, where clause 9(1) allows for destination inspection. Subsequently, Kenya notified the same to the WTO under notification number G/TBT/N/KEN/1002. |
|
|
NTB-000-920 |
2.8. Lengthy and costly customs clearance procedures |
2019-06-01 |
Tanzania: Namanga |
Kenya |
Resolved
2019-11-07 |
View |
|
Complaint:
|
Lengthy documentation in TRA thus delays and demurrage costs
It takes not more than 3 days to get all necessary documents for Kenya, Rwanda and Uganda while it can take upto 10 days(or more) for TZ since all documentation is processed though the exit border before truck leaves Kenyan side
EXPORT DOCUMENTS REQUIRED IN RWANDA, KENYA & UGANDA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
EXPORT DOCUMENTS REQUIRED IN TANZANIA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
MOVEMENT SHEET
TRANSPORT PERMIT
There is no requirement for transport permit for KE, UG & RW.
There is need for customs to harmonize and reduce documentations so as to simplify export processes and facilitate trade. |
|
|
Resolution status note:
|
Tanzania reported that
a) Transport permits for chemicals related products are issued once the import permit has been issued.
b) For the case of this evidence provided by Kenya, the import permit no.964556 was issued to Kiboko Precoated sheer on 21st of August, 2019 and on the same date 21st of August, 2019, a transport permit 174391 was issued to transport the said chemicals (Charan sign& Sons campany) and therefore there were no delays in issuing the transport permit as it was issued on the same day. It should be noted that the company imports those chemicals is the Tanzania company and transporter of those chemicals was Kenyan Company.
c) United Republic of Tanzania is requesting all exporters to seek all necessary document required before arrival at the Border Post to avoid any delayed and register on the online portal
d) Currently Tanzania do provide chemical and transport permits from Monday to Saturday using the online portal. In addition to that, we have chemical inspectors at all border points operating 24/7 |
|
|
NTB-000-925 |
7.4. Costly procedures |
2019-06-03 |
Tanzania: Namanga & Arusha |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
TRA cannot issue assessment for confectionery until Atomic Energy Certificate is attached in the system. This means samples have to be provided by agent / client to the Atomomic Energy in Arusha and a fee of 0.4% of invoice value paid. Samples from the whole country have to be sent to Arusha.
It then takes about 3-4 days for the certificate to be issued. The agent can then proceed with lodging the assessment after attaching the certificate in the system
|
|
|
Resolution status note:
|
The SCTIFI held in September 2020, noted that this is an operational Issue and should be resolved from the EAC Time Bound Programme |
|
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