| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-992 |
7.10. Other |
2020-12-01 |
Zimbabwe: Chirundu |
Zambia |
Resolved
2021-09-02 |
View |
|
Complaint:
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Zimbabwe is not consistent with the SADC COVID-19 requirement/guidelines of drivers requiring a 14 days validity test as a 48 hours requirement has been imposed. This has resulted in increase in cost of doing business as drivers have to take multiple COVID-19 tests which cost on average $76 per test. Transporters travelling into Zambia on the other hand can use their COVI-19 certificates within a 14 day period. A transporter delivering/transiting in Zimbabwe is required to take at least 2 COVID tests within the 14 day period. In some cases this has caused congestion at the border as truckers rush to beat the 48 hour COVID-19 test validity. |
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Resolution status note:
|
Zimbabwe reported that the COVID policies are consistent with SADC as follows:
1. 14 day validity is for bus operators and Malaitsha
2. Truck operators we need PCR valid for 30 days
3. Regular travellers 48 hrs.
48hrs means that for regular travellers, they must travel within 48 hours of getting PCR results. This requirement is for regular travellers. If truckers are complaining, its a misinterpretation by implementers.
In light of the above, ZIMRA indicated that corrective actions will be undertaken to address issues raised by the complaint. Effective supervision and monitoring will be implemented. |
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NTB-000-999 |
2.3. Issues related to the rules of origin |
2020-12-01 |
Uganda: Busia |
Kenya |
Resolved
2021-03-23 |
View |
|
Complaint:
|
Uganda denial of Market access on Fay Aluminium Foil and Fay Cling they have instead charged full CET to Kimfay Kenya manufactured products.
KRA conducted a verification visit to Kimfay premises as required under the EAC ROO 2015 to ascertain origin and certified in 2016. Since then the company has been exporting under EAC preferential Treatemnt until December 2020 where URA charged full CET and also charged infrastructure levy and excise duty despite the two products meeting the criteria for EAC rules of Origin 2015.
New imposed levies Fay Cling Film film Fay Aluminium Foil
Excise duty 10% 0
Infrastructure levy 1.50% 1.50%
Import duty 0 25%
Existing tax
VAT 18% 18
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Resolution status note:
|
During the NMC it was noted that not all aluminium foil is denied preferential treatment in Uganda. The criteria cited to grant the Origin was contrary to Rule 6 of the EAC RoO 2015. Hence the denial of preferential treatment. KRA will take it up to engage the trader on the matter. Hence the issue is not an NTB and was RESOLVED |
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Products:
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7607.20.90: -- Other |
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NTB-001-000 |
2.14. Other |
2020-12-01 |
Zimbabwe: Beitbridge |
Zimbabwe |
Resolved
2021-03-31 |
View |
|
Complaint:
|
ZIMRA is requesting all transporters to be registered in its system to be able to lodge electronic manifest. This is still happening and is resulting in delaying of movement of cargo at all its points of entry. The requirement is compulsory and difficult to operationalise as transporters most of them are small and medium and they do not have the technical know how of doing it. The requirement should be removed or be given to the registered agents who are already utilising the ZIOMTRA system. there has been no joy for both inward bound transporters and removal in transit. This is against the spirit of Trade facilitation . |
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Resolution status note:
|
Issue was resolved |
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NTB-000-984 |
2.9. Issues related to transit fees |
2020-10-07 |
Kenya: Namanga |
EAC |
Resolved
2020-10-07 |
View |
|
Complaint:
|
Namanga /Kajiado County still charges 2,000 Ksh for all Burundi Cargo trucks transiting Kenya |
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Resolution status note:
|
It's a resolved NTB that rised again |
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NTB-000-976 |
8.8. Issues related to transit |
2020-08-10 |
Botswana: Kazungula Ferry |
Zambia |
Resolved
2023-10-05 |
View |
|
Complaint:
|
We have a fleet of trucks and the problem is there is no fixed procedure to calculate the toll that BURS charges. They see the weights on the trailers mentioned on the blue plates which many a times shows 36,000kgs on the small trailer and 36,000 on the big trailer. That means they charge each truck toll for 72000 kgs. Some trailers with the same load and same trailers end up paying 4200Pulas and some trailers with the same cargo and same type of trailers are told to pay 6700 pulas. When the agent goes to ask that if you are charging us for 72000kgs will you allow the truck to carry such weights. They just tell him to leave the office and say there is no negotiation. We fail to understand how 1 truck having the same trailer and same cargo pay 4300 pulas and other truck with same trailer and same cargo is told to pay 6700 pulas. This on our transporters part is unfair. They should come with a fixed charge option that trucks with tri axel trailers will pay this much and trucks with interlinks trailers will pay this much. Please we will be obliged if this issue is raised on top priority. |
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Resolution status note:
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In this particular case, there was difference in weights between those indicated in the white book and the data plate affixed to the truck. Assistance was sought from the Weighbridge and due to other circumstances the attempt was unsuccessful. In concluding the query, the truck driver was assisted using the previous permits which he had no objections to.
The inconsistency with information from the trucker resulted in the inconsistency of the charges. This was resolved. |
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NTB-000-973 |
We are asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected. |
2020-08-04 |
Mozambique: Delegação Aduaneira de Namaacha |
Eswatini |
Resolved
2021-07-09 |
View |
|
Complaint:
|
Eswatini Company is asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected in line with Ministerial Diploma NO 18/2007 of February 9, which approves the table of various fees for Border Posts, effective from August 2, 2020. However inspection cargo is not done and therefore we are made to pay for services not rendered. Further , the drivers have t pay to get their passport stamped.
How do we dertermine the time the vehicles stays at the border if we are billed a hourly charge all documentation and taxes dues are paid in advance to try and speed the process up why does the driver need to pay to have his passport stamped on arrival and more strangely on exiting with an empty vehicle. |
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Resolution status note:
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Mozambique Focal Point reported that the inspection fee for motor vehicles at the Namaacha border was charged under Ministerial Diploma nº 18/2007, of 9 February. However, said fee was revoked by Ministerial Diploma nº 28/2021, of 30 April 2021 |
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Products:
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3214.10: Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings |
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NTB-000-972 |
7.5. Lengthy procedures |
2020-07-24 |
Zimbabwe: Beitbridge |
|
Resolved
2021-07-29 |
View |
|
Complaint:
|
There is usually a very long queue of north-bound trucks on the South African side of the border. This situation is very undesirable at it negatively affects trade facilitation along the north-south corridor and is a big concern in efforts to fight the covid-19 pandemic. These trucks are held up at the border due to some of the following reasons:
1) The Zimbabwe Revenue Authority Document Processing Centres (DPCs) are opening at 0800hrs and closing at 1500hrs. Outside this period trucks are still moving and documents are continuously lodged into the system by clearing agents. Processes that should be done in the Zimra system cannot be performed during this period. The border post is open for 24 hours and closure of the DPCs creates a bottleneck. Operating hours of the DPCs have been affected by the national curfew (0600hrs-1800hrs) that was recently introduced by Government to fight against the covid-19 pandemic.
2) Other customs processes such as cargo release (manual) procedures and query resolution are taking too much time to be done.
3) Due to the recent upward movement in the exchange rate, clearing agents sometimes do not have enough bond cover to move goods in transit. This has also resulted in truck movement delays. A proposal to have these bonds denominated in USD (in order to introduce stability in the system) has been made by the association to Zimra.
4) There are delays by Zimra in generating T1s which allow movement of transit cargo even in cases where bonds sufficiently cover the goods.
5) Of late Zimra did very well by opening a fast lane (green route) for some traffic but there has been no consistency in this process. The route is closed at times.
6) There are undesignated check-points within the border which humper movement of trucks. |
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Resolution status note:
|
ZIMRA advised that this issue has been dealt with by the Ease of doing business task force, however In the interim as the lead agent will escalate the challenges to the responsible authorities of the respective other agencies making reference to the Ease of doing business resolutions and will monitor to ensure checkpoints as agreed in the Ease of doing business meetings are adhered to. |
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NTB-000-971 |
8.6. Vehicle standards |
2020-07-14 |
Zambia: Halfway Patrol |
Zimbabwe |
Resolved
2021-03-17 |
View |
|
Complaint:
|
We export to Zambia and use our own truck (an 8tonne truck with yellow plates)to dispatch the products. We have exported for 5 times without any incident. On the above mentioned date our driver got a fine apparently for "plying for hire and reward". We have been exporting to Botswana since 2016 and we have never come across such an incident.We are not into transport business therefore our truck is specifically for dispatching to our customers hence the Yellow plates. We have a PTA Carrier Licence.
Please assist us. |
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Resolution status note:
|
The Focal Point contacted the exporter to provide further information on whether it was a one of or repeated challenge . Exporter has not provided feedback. RESOLVED DUE TO LACK OF EVIDENCE |
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NTB-000-975 |
1.8. Import bans |
2020-07-02 |
Kenya: Ministry of Agriculture,Livestock,fisheries and cooperatives |
Uganda |
Resolved
2021-03-18 |
View |
|
Complaint:
|
Kenya banned importation of sugar ,brown sugar and raw cane from Uganda |
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Resolution status note:
|
During the NMC meeting that took place in March 2021, the meeting was informed that two bilateral meetings were held with Kenya to discuss among others the NTB on the importation of brown sugar, The Trade Ministers from both sides met and Kenya agreed that the issue will be resolved. Kenya agreed to undertake a verification mission to Uganda. The Mission has not yet taken place but there has been a commendable improvement in the area, where sugar has been allowed into Kenya.
The issue on raw cane was RESOLVED |
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NTB-000-969 |
1.4. Preference given to domestic bidders/suppliers |
2020-06-11 |
|
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Uganda denial of market Access of essential products of Kenya manufactured and exported handsanitizer by Unilever Kenya.
Uganda Drugs Authority through a letter has denied market access handsanitizer manufactured in Kenya by Unilever Kenya and exported into Uganda Unilever making trucks loaded with the products stranded. The products have been issued with certificates of origin.
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Resolution status note:
|
During the RMC meeting held on 10 August 2020, Uganda Focal Point reported that the NTB had been resolved . |
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NTB-000-960 |
6.6. Border taxes |
2020-06-05 |
Zimbabwe: Beitbridge |
|
Resolved
2022-10-20 |
View |
|
Complaint:
|
Zimbabwe has promulgated a new legislation S.I 127 of 2020 which proposes to charge amounts up to USD300 per entry of Beit Border Border Customs Yard meant for payment of the border post modernization and upgrade project. This charge is over and above the Bridge Toll of USD23 per entry and the ZINARA road tolls fees. The proposed charges are just too high and unsustainable, thus we seek their immediate suspension to allow for stakeholder engagement for their input. |
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Resolution status note:
|
The relevant authorities in Zimbabwe submitted report as follows :
As a way of addressing challenges at Beitbridge Border Post Government made a decision to upgrade and modernise Beitbridge Border Post through a concession to Zimborders for a period of 17,5 years. Zimborders will invest US$296.7 million dollars into the project and will recoup their investment by collecting border user fees. This project will bring about the much sought efficiency at the border post by providing modern infrastructure and equipment such as terminal buildings, warehouses, weighbridges and scanners. There will also be automation of most processes and the introduction of a single window payment system bringing about convenience to transporters and the travelling public.
The financing model used in this project (Built Operate Transfer), is a universal mode of project financing which can be applied to projects that are bankable where users are expected to pay for the product or service used. In this case, it is Government’s view that the charges are fair relative to the amount invested and the efficiency brought about by the investment. Removing the fee is asking the country to default on the Concession Agreement. Defaulting on agreements leads to country reputational risk and reduction in credit worthiness.
The figure quoted of USD300 applies only for abnormal load vehicles. The fees are as follows.
Type of vehicle USD
Heavy vehicle 100,00
Goods vehicle 175,00
Abnormal (load) vehicle 300,00
Minibus 35,00
Coach 70,00 |
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NTB-000-963 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2020-06-01 |
Kenya: At Taveta border post |
Rwanda |
Resolved
2020-09-10 |
View |
|
Complaint:
|
The unclear and high fine of Ksh 100,000 charged by Kenya Revue Authority (KRA)to trucks without Electronic Cargo Tracking gadget (GPS) based on provisions 73 (1) and 204 (a) and (b) of the EACMA 2004 revised in 2017 |
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Resolution status note:
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During SCTIFI held in September 2020, the Republic of Kenya informed that the fee is not discriminatory and is provided for by the EAC CMA the maximum charge is USD 5,000.Hence the SCTIFI agreed that this is not an NTB and hence is resolved. |
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NTB-000-964 |
2.6. Additional taxes and other charges |
2020-06-01 |
Kenya: Nairobi ICD |
Rwanda |
Resolved
2020-11-24 |
View |
|
Complaint:
|
Introduction of the new verification/inspection tariff at Nairobi ICD (80 USD for 20 feet containers and 120 USD for 40 feet containers by Kenya Ports Authority (KPA) due to outsourcing of labor to conduct inspections and verification on behalf of KBS and KRA |
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Resolution status note:
|
After investigations, Kenya confirm that;-
- The charges are in accordance to the existing KPA tariff applicable to both local and transit cargo where labour is required to provide verification/stripping and stuffing services.
- The verification charges are applicable to only those containers that have been targeted for verification by Customs/other Government cargo intervening Agencies and or on customers request
- Clients have the option of either using the outsourced service provider or seeking for an approval from Customs for their containers to be released under seal for destination verification at their warehouses.
-There are no charges for sight and release mode of verification
This NTB is therefore resolved |
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NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
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Resolution status note:
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Kenya informed the meeting that the charges are in accordance with the existing KPA regulations. The verification charges are applicable to containers identified for verification upon the customer's request. The customer has a choice to use an independent agent. Hence this is not an NTB and is resolved. |
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NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
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Resolution status note:
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The Republic of Kenya informed the meeting that KPC does not require upfront payment or guarantee cheque for storage of oil. Therefore, the meeting agreed that Kenya sends written communication to the Republic of Rwanda through the EAC Secretariat by 13th May 2022.The meeting was informed that the Republic of Rwanda received the letter on 11th May 2022 through EAC Secretariat.The meeting, therefore, agreed to discuss operationalization modalities during Rwanda and Kenya JPC. The meeting agreed that the NTB was resolved. |
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NTB-000-966 |
5.5. Import licensing requirements |
2020-05-27 |
Zimbabwe: Chirundu |
Zambia |
Resolved
2023-04-06 |
View |
|
Complaint:
|
A Zambian exporter of yeast is experiencing challenges obtaining import permits from Authorities in Zimbabwe which are not issued when requested. This has been a hindrance to export of yeast to Zimbabwe. |
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Resolution status note:
|
During the COMESA Regional Capacity Building Workshop for NMCs and National Focal Points held from 3 to 6 April 2023, Zimbabwe Focal Points reported that import permits were no longer required as the products have been placed on open general import licence. This NTB was therefore resolved . However, Zimbabwe was requested to provide the list of products requiring Import Licence |
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NTB-000-958 |
8.6. Vehicle standards |
2020-05-20 |
Mozambique: Dondo Weigh Bridge
-19.578854, 34.728999 |
|
Resolved
2022-10-20 |
View |
|
Complaint:
|
The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.
On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.
According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.
Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.
The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.
Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
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Resolution status note:
|
Mozambique reported that the notice of fine issued on the Dondo Bascula to the driver Mbewe Clevery, should not be dealt with under the Traffic Code, since in Mozambique, the lack of an indicative record of Gross Weight and Tare vehicle is provided for in article 67 of the Regulation for the Transport of Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. Fines for non-compliance with RTVAR rules are listed in Annex VII, pursuant to 1 of article 134.
In cases where there are irregularities in the drawing up of the infraction notice, paragraph 3 of article 134 of the RTVAR gives the driver the right to file a complaint with the National Institute of Land Transport (INATTER) within 15 (fifteen) days from the date of issue of notice. The complainant does not provide any proof of payment, which makes it uncertain whether he paid it or not.
Steps will be taken to improve oversight at this scale and across the Corridor. Contact telephone numbers will be available at weighbridges and checkpoints for clarification and complaints. |
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NTB-001-008 |
2.2. Arbitrary customs classification |
2020-05-05 |
Zambia: Ministry of Livestock and Fisheries |
South Africa |
Resolved
2022-10-10 |
View |
|
Complaint:
|
Nestle is facing Product classification challenges in the Zambian market involving imitation products that are not dairy who are classified as dairy and face similar penalties that dairy products face. This product in question is Cremora which is classified by the authorities as a dairy product. However, CREMORA is a non-dairy creamer. To this effect, the request is to consider CREMORA for exemption from the dairy category of definition and profile of the product. |
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Resolution status note:
|
A bilateral meeting between the two countries was held on 10 October wherein Zambia, informed that the NTB was resolved. Nestle was issued with an exemption letter which allows it to export CREMORA as a non-dairy product to the Zambia market. To close the matter, NESTLE would write a letter to the Zambia Revenue Authority (ZRA) requesting a change in the tariff code. The Ministry of Industry (Zambia) would also write another letter to ZRA in support of Nestle’s proposition |
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NTB-000-974 |
7.2. Discrimination
Policy/Regulatory |
2020-05-02 |
Kenya: |
Tanzania |
Resolved
2021-06-10 |
View |
|
Complaint:
|
Kenya recently enacted the Business Law (Amendment) Act, 2020 which amended the Excise Duty Act, 2015 (the Excise Duty Act) by imposing excise duty on imported glass bottles (excluding glass bottles for packaging pharmaceutical products) at a rate of 25%, with effect from 18 March 2020. This amendment will result in an increase in the cost of imported glass bottles as compared to glass bottles which are locally manufactured in Kenya. |
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Resolution status note:
|
TheRepublic of Kenya issued an administrative note to implement the Court injunction on the Kioo case and the NTB was resolved . |
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NTB-000-961 |
8.8. Issues related to transit |
2020-04-24 |
Tanzania: Benaco and Rusumo. |
EAC |
Resolved
2020-05-20 |
View |
|
Complaint:
|
An incident with truck drivers in Benaco, Tanzania, who prevented cargo trucks destined for Rwanda to cross the border in protest against the new guidelines issued by the Government of Rwanda on 24th April 2020 on the movement of goods and services through Rwanda borders to prevent the spread of COVID-19 Pandemic. The same time, at Rusumo border, movement of goods and services were stopped. |
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Resolution status note:
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This NTBs was resolved bilaterally between Rwanda and Tanzania. |
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