| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-018 |
3. Technical barriers to trade (TBT)
B84: Inspection requirement
Policy/Regulatory |
2021-05-12 |
Uganda: Malaba |
Kenya |
Resolved
2021-07-06 |
View |
|
Complaint:
|
Uganda subjecting to Kenya perfumed petroleum jelly certified with Kenya SMark and manufactured using the EAC harmonized standards to Destination Inspection (DI) and it's costly charges. This violates the EAC SQMT Act 2006 mutual recognition principal and makes the cost of Kenya products to increase. This has been done despite KEBS writing a letter to UNBS, they proceeded with subjecting Kenya petrolium jelly products to DI and delays for over two weeks. These act by Uganda has negatively affected Kenya export of the products as DI fees and it's process including the delays is extremely high and increases the cost of the products. |
|
|
Resolution status note:
|
The issue was discussed between the CEO of KEBs and UNBSs and resolved.
It was an operational issue arising from the use of the wrong standard. |
|
|
NTB-001-019 |
4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons |
2021-03-01 |
Uganda: Malaba |
Kenya |
Resolved
2021-07-06 |
View |
|
Complaint:
|
PVOC is currently a requirement for seed shipment into Uganda. This is causing considerable delays in seed shipment. In addition, the enforcement of PVOC requirements in Uganda is based on Uganda standards 821. There is however a disconnect between the Uganda standards and the parent seed regulations in terms of some of the conformity requirements such as label markings where the UG standards is asking for markings that are not in the Seed regulations. |
|
|
Resolution status note:
|
This is a legal requirement where all commodities under mandatory standards go through PoVC inspection and the standard in question is a harmonized East African Standard and not an NTB. Hence the issue is operational and should be resolved in the system |
|
|
NTB-001-020 |
1.11. Occupational safety and health regulation
Policy/Regulatory |
2021-06-14 |
Democratic Republic of the Congo: Kasumbalesa |
Zambia |
Resolved
2021-06-19 |
View |
|
Complaint:
|
It has been reported that the DRC Health Department has implemented a mandatory COVID testing fee of US$45 per driver disregarding any other COVID certificates issued by Member States . This has led to Drivers from various countries parking their trucks and not crossing into DRC because they would like the DRC Government to reverse the directive on mandatory COVID19 test at a fee of $45. Currently, there is no traffic movement at Kasumbalesa.
This has disrupted the movement of goods and people between the two countries. We therefore request the relevant officials to resolve this matter.
Reporting on behalf of Truck Drivers |
|
|
Resolution status note:
|
On 19th June , 2021 Zambia Focal Point advised that they had received information that the fees had been reduced to US$10 and therefore the trucks were cleared resolving the problem . The trucks are now able to cross over to DRC side. |
|
|
NTB-001-022 |
5.5. Import licensing requirements |
2021-04-06 |
Zimbabwe: Ministry of Industry and Commerce |
Zambia |
Resolved
2024-06-17 |
View |
|
Complaint:
|
An exporter in Zambia has been facing challenges obtaining import permits from the Ministry of Industry and Commerce in Zimbabwe as they are often told that they're non available. Alternatively, some officer from the above mentioned ministry informally tell them that they can use an already existing import permit for a Zimbabwean company but have to pay a price above than they would have obtained the permit from the ministry. |
|
|
Resolution status note:
|
On 17 June 2024, Zimbabwe submitted SI 6 of 2024 .
Regulation 3 of Control of Goods ( Open General Import Licence ) ( Amendment) Notice , 2024 (No. 14) removes requirement for importation of biscuits under tariff heading 19.05. This NTB is therefore resolved |
|
|
Products:
|
1905.31: Sweet biscuits |
|
|
NTB-001-025 |
8.1. Government Policy and regulations |
2021-08-10 |
Malawi: SONGWE KARONGA BOX 8 WEIGHBRIDGE |
Rwanda |
Resolved
2023-04-06 |
View |
|
Complaint:
|
The Rwanda truck carrying Fertilizer TPT from Tanzania to Malawi Lilongwe was refused to enter Malawi and charged USD 1000 for violating third country rule a provision that is being applied betwen Zambia and Malawi to protect their national transport operators against foreign transporters not registered in Malawi. This is a discrimination against other trucks transporting goods to Malawi |
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|
Resolution status note:
|
The COMESA workshop on Capacity building for Member States held on 2- 6 April 2023, reviewed this matter and recommended that the Secretariat to recommend to Rwanda to regard this NTB as resolved considering that there are Legal Instruments supporting its implementation. The relevant transport instruments would be shared with Rwanda. |
|
|
NTB-001-027 |
2.2. Arbitrary customs classification |
2021-07-26 |
Madagascar: Toamasina Port à gestion autonome ( sea port) |
|
Resolved
2021-10-04 |
View |
|
Complaint:
|
Dear All,
Shipment of 3 Shipment Ex port-Louis - Toamasina
B/L 912715161 (3 isotanks) et 912706516 (2 isotanks) ETD Port-Louis 21/7/2021 ETA Toamasina 26/7/2021
B/L 912756116 31/07/2021 ETD 31/07/2021 ETA Toamasina 05/08/2021
For B/L 912715161 et 912706516- After all the proper import procedures were made. Goods were delivered to our client premises. Customs requested for another product testing and a minutes was signed between customs and my client (Sama)
FYI, kindly note that for all product of this kind a product sample is provided to the ministry of health for a certificate of conformity. Same was received for both shipments.
Despite all the export and import procedures were followed scrupuciously and in good faith. To-date our client has not received any notification regarding the product testing and its results. The goods are in our client premises but cannot be used as long as clearance is not obtained from customs. All the queries made by our client to the customs has been unfruitful.
B/L 912756116 - Those isotanks are blocked in the port. No clearance will be received as long previous shipment has not received clearance form customs. All the storages incurred will be on the behalf of our client.
This situation is severely jeopardising our client activities given they are almost out of stock. On our side, we have not received any payment from our client given that there is no visibility about this customs issue.
We hope the above will help and remain at your disposal for any further info you may require.
Very best regards
JEAN FRANCOIS DESVEAUX
MANAGING DIRECTOR
Ground Floor2
Hi Tech Center
Coastal Road
Pointe Aux Sables
Mauritius
Office: +230 235 02 69
Mobile:+230 5 254 70 20
E-mail: jeanfrancoisd@skvaint.com
Website: www.skvaint.com
|
|
|
Resolution status note:
|
The Malagasy Customs Attache based in Mauritius facilitated the exchange of information with the Malagasy Customs and the issue was resolved. All containers have been cleared as confirmed by the exporter on 4th October 2021. The issue is resolved. |
|
|
Products:
|
3808.94.9: --- Other: |
|
|
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. |
|
|
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-001-037 |
1.7. Discriminatory or flawed government procurement policies |
2018-03-01 |
Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES |
Kenya |
Resolved
2022-11-03 |
View |
|
Complaint:
|
Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.
Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.
URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.
This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
|
|
|
Resolution status note:
|
During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme. |
|
|
NTB-001-038 |
6.5. Variable levies |
2021-10-10 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Tanzania is charging FULL CET, RDL among other levies on Kenyan wholly produced cement despite the Verification Report recommending that products qualify should be accorded preferential treatment
Additionally, despite URT commitment in the Bilateral and SCTIFI that URT grants preferential treatment to wholly produced cement as required by the EAC rules of Origin, URT is still charging duties of 35%. This is despite Tanzania not being under any stay of application.
Kenya urges Tanzania to accord preferential treatment to Kenya wholly produced cement as per the verification findings and recommendation and URT commitment on facilitation of trade. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that a verification mission was conducted and recommended that the products qualified should be accorded preferential treatment.
Additionally, URT committed in the Bilateral and SCTIFI to grant preferential treatment to the wholly produced cement as required by the EAC Rules of Origin.
The NTB is resolved |
|
|
NTB-001-040 |
2.3. Issues related to the rules of origin |
2021-10-14 |
Tanzania: URT TRA |
Kenya |
Resolved
2023-05-16 |
View |
|
Complaint:
|
Tanzania denial of preferential market access for Apple Juice and Strawberry manufactured in Kenya while citing reasons that the products are not originating from Kenya. URT delayed the shipment instead of facilitating clearance as is required by the protocal and the EAC Rules of Origin then follow the process of reporting the matter to the secretariat for action/guidance. |
|
|
Resolution status note:
|
The RMC noted that the Verification report was considered and approved by the Committee on Customs and the SCTIFI in May and June 2023 respectively. The verification recommendations have been implemented whereby the qualified products have been granted preferential treatment. The SCTIFI noted that the products that qualify for preferential treatment can be allowed to access the market as the two Partner States consult bilaterally on the two products that do not qualify. Hence the NTB is resolved |
|
|
NTB-001-041 |
3. Technical barriers to trade (TBT)
B6: Product identity requirement |
2021-11-04 |
South Africa: Beit Bridge |
Zimbabwe |
Resolved
2021-11-22 |
View |
|
Complaint:
|
South Africa Port Health officials demanding an extended description on one of our products. The product is a sweet type described as Apricots on both packaging and invoice but the officials want us to have the packaging written Apricots sweets. We have been exporting the sweet to South Africa for more than 5 years. |
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|
Resolution status note:
|
The company had been allowed to export its consignment to South Africa after removing prohibited products. The NTB was resolved are following required procedures |
|
|
Products:
|
2008.50: Apricots, prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit (excl. preserved with sugar but not laid in syrup, jams, fruit jellies, marmalades, fruit purée and pastes, obtained by cooking) |
|
|
NTB-001-042 |
2.6. Additional taxes and other charges |
2021-12-13 |
Uganda: Malaba |
Kenya |
Resolved
2022-05-05 |
View |
|
Complaint:
|
Uganda denial of preferential market access for footwear manufactured in Kenya by Umoja Rubber |
|
|
Resolution status note:
|
Uganda Focal Point advised that this assessment was done before full declaration. The consignment wasn't charged all the indicated taxes after submission of relevant origin documents as in the attachment posted in the system. |
|
|
Products:
|
6402.99: Footwear with outer soles and uppers of rubber or plastics (excl. covering the ankle or with upper straps or thongs assembled to the sole by means of plugs, waterproof footwear of heading 6401, sports footwear, orthopaedic footwear and toy footwear) |
|
|
NTB-001-044 |
1.15. Other |
2021-12-03 |
Uganda: Malaba |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Uganda Revenue Authority has introduced a mandatory requirement for import certificate for export and transit cargo to DRC and South Sudan.
This requirement is causing delays to transit cargo to Congo and Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf. This negatively affects export business. |
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that this requirement is causing delays to transit cargo to Congo and South Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf.
The SCTIFI meeting was informed that this was upon the request of RSS and DRC and was later recalled. Hence the NTB is resolved. |
|
|
NTB-001-045 |
|
2021-11-22 |
Kenya: Poultry products from Uganda have been banned from entering the Kenyan market. |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
The government of Kenya without giving any reason arbitrarily banned all poultry products from Uganda from accessing the Kenyan market. It is not clear when the ban will end or if it will end. My clients have lost and continue to lose a lot of money thanks to this arbitrary and protectionist measure by the government of Kenya going against all the principles of the International Trade especially Kenya's obligations as a part of the East African Community Customs Union. |
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the ban was lifted as a result of the Bilateral meeting of the two Partner States in December 2021.
So, the matter is resolved |
|
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NTB-001-046 |
8.8. Issues related to transit |
2021-12-03 |
Uganda: Malaba |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
On 3rd December Traders reported that URA enforce regulation on all transit cargo to South Sudan and DRC, where all consignment are to pay a fee of $150 to $214 depend on the type of cargo, and those charges are collected by private company "Sunco Ltd." its said to be a contract between South Sudan government and K-Polygone SAS. then K-Polygone contracted Sunco Ltd. When the issue was raise to the Ministry of Trade by the National Chamber of Commerce Industry and Agriculture. at the time goods have stop flowing to Nimule border of South Sudan, Then Minister of trade issue ministerial order suspending the contract between its ministry and K-Polygone to allow smooth follow of goods to RSS, Upton date traders are still complaining the charges at Malaba border of Uganda still on going and the matter is not resolve.
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that charges are collected by the private company "Sunco Ltd." at the Malaba Uganda border
The two Partner States agreed to handle the matter administratively and is resolved. |
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NTB-001-047 |
8.8. Issues related to transit |
2021-12-01 |
Kenya: Mombasa sea port |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
On 4th December Juba Trades Union reported challenges in clearing their consignment at Mombasa Port due to new regulations, which is not clear to them at the time they getting their goods for the holiday season, the complain of challenges with the new introduce system including the payment which is not clearly justified or oriented to the stakeholders, clearing process at Mombasa come to stop and goods stop flowing to Nimule border of South Sudan, South Sudan National Chamber of Commerce reported the concern to the Ministry of Trade and Industry indicating the impact of the measure on the market prices and lack of goods if no action is taken considering its a holiday season. traders are losing by been charge demurrages at port and arrival of the goods after the season. The Ministry of trade took action by canceling the Certificate of Destination to allow the flow of goods to the county, However the action was not honored by the RSS Customs office in Mombasa, reported by Kenya International Freight & Warehousing Association (KIFWA), National Chamber did meet with the RSS Minister of Finance to look at the matter and he promise to communicate to the Revenue Authority since he is not aware of the new regulation and the charges imposed. With the mounting pressure from the stakeholders National Revenue Authority send a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted and the Minister of trade order is to be honored as per NRA letter, lastly on 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50 Charges not those mention on the Certificate of Destination Chagres below:-
1- 40ft Container $400
2- 20ft Container $365
3- Vehicle 4x4 $365
4- Regular Vehicle $300
5- All UN Consignment $365
6- Loose cargo $250
The main challenge traders have face is lack of coordination between different institutions and the partner states when introducing new regulations or policies, this current measure is not official resolved by Customs Division of NRA. we hope Kenya and South Sudan should address it to assure its traders they are on regional integration and the free movement of goods and people are a true. Engagement of stakeholders is a key in success of any measure introduce by the government |
|
|
Resolution status note:
|
On 14 June 2022, the Secretariat reported that the framework under the Single Customs Territory (SCT), but also One-Stop Border Post (OSBP) manual has the provisions that allow the deployment of Customs Officers.
The National Revenue Authority sent a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted. On 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50. The two Partner States agreed to handle the matter administratively and should be resolved from the TBP |
|
|
NTB-001-050 |
8.8. Issues related to transit |
2022-02-14 |
Tanzania: Tunduma |
Zambia |
Resolved
2022-09-06 |
View |
|
Complaint:
|
There is a disruption in the flow of trade/transit at Nakonde/Tunduma border post due to a protest by transporters in Tanzania who are not moving cargo across the border. This has affected the movement of goods both into Zambia and Tanzania and has resulted in increased congestion on both sides of the border. Considering the important role the Nakonde/Tunduma border post plays along the transport corridor, any further delays resulting from the protests will significantly disadvantage all stakeholders within the region in terms of revenue and costs. This will ultimately have a negative effect on the consumer welfare in the countries and the region at large. It is therefore imperative that the present impasse is resolved as a matter of urgency. |
|
|
Resolution status note:
|
On 6th September 2022, Focal Point Zambia Revenue Authority reported that the NTB had been resolved. |
|
|
NTB-001-058 |
2.3. Issues related to the rules of origin |
2022-03-12 |
Egypt: Egypt Revenue Authority |
Egypt |
Resolved
2023-04-06 |
View |
|
Complaint:
|
The Egyptian customs rejected to apply the COMESA certificate of origin issued by Madagascar attached because the signature is different. COMESA Secretariat is therefore requested to check the attached received from the shipper and advise on way forward. |
|
|
Resolution status note:
|
During the COMESA Workshop on Capacity building for Member States held on 2- 6 April 2023, which reviewed this NTB, Egypt National Focal Point was requested to update status of the rejected consignment which was accompanied by the COMESA Certificate of Origin in the online system. However, on further review, it the meeting recommended that this complaint be regarded as resolved because the COMESA Certificate of Origin in question was not confirmed to be authentic. |
|
|
NTB-001-060 |
1.8. Import bans
Policy/Regulatory |
2022-02-16 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Prohibition of Sale of alcohol packed in 200ml containers and confiscation of products by CID and Local government Authorities.This is affecting only imported beverages.No Communication has been received on change of regulatory framework governing packaging of alcoholic drinks. |
|
|
Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that Uganda banned sachet-packed alcohol.
RSS informed the meeting that this was not an NTB but a health issue. The meeting therefore agreed that the NTB should be resolved in the TBP |
|
|
NTB-001-061 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2021-12-28 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Republic of South Sudan is imposing a digital border security Control Tag of 100 USD and a control fee of 30 USD at every entry or exit. |
|
|
Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that the order was revoked and hence the NTB was resolved. |
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