| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-115 |
1.1. Export subsidies |
2023-02-01 |
|
Kenya |
Resolved
2023-07-03 |
View |
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Complaint:
|
Uganda subjecting full CET to export/transfered from Kenya Kenknit to Uganda. We urge Uganda to grant preferential treatment to Kenknit products that conform to origin. |
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Resolution status note:
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On 3rd July 2023, the EAC NTB Unit reported the trader confirmed through the EAC Secretariat that the issue had been resolved |
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NTB-001-138 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authroity |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
SCT TRA at the ICD Kenya is delaying approval of export documents causing costly delays and non-timely delivery of products to clients in URT.
To release the tuck took 5 days. We have an issue with TRA where the physical documents have to be submitted manually. Exporters lodges documents waits for release, goes back for BT and still for a movement sheet and this is an online thing you must wait.
In case the movement sheet is not transmitted, exporters submit again for retransmission.
There is always a long queue in the ICD-TRA office that consumes a lot of time for exporters to be attended to.
This back-and-forth process is delaying the export process.
1. We request URT to resolve the matter and grant timely approval of export documents.
2. URT should automate the approvals and avoid manual approval.
3. When the SCT system is down, there should be quick resolution and an agreed time to release goods manually.
We request for timely delivery of goods to avoid the costly delays caused by URT.
Truck loaded on 24/10/2023
25/10/2023-Submitted physical file to Tra, release denied we were told to provide ETR receipt and tax invoice
26/102023- Submitted the file with all new requirements, release denied again, that the tax invoice does not match with the invoice on the assessment documents, the assessment document was declared based on proforma invoice
27/10/2023-Submitted the file again and release was issued ,BT was declared and received the same day from the agent..
30/10/2023-submitted the file again movement sheet was generated.
TZNG-23-1438288 & TZNG-23-1437343
26/9/2023- The files for the above assessment documents were submitted to TRA at ICD
• TZNG-23-1437343 - release was issued.
• TZNG-23-1438288 -was asked to compare manifest and compared the same date.
27/9/2023- the files were submitted again at 11 am
• TZNG-23-1437343- nothing was done.
• TZNG-23-1438288- release was issued.
On 27/9/2023 at 3 pm the files were submitted again
• TZNG-23-1437343-Movement sheet was generated.
• TZNG-23-1438288-movement sheet was generated.
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Resolution status note:
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The Secretariat advised that this issue is operational and was not considered as an NTB" |
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NTB-001-139 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
1. stoves manufactured by the Burn Manufacturers company have been denied preferential market access when being transferred to URT; the reason being the company was under duty remission scheme. However, the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs. Further, Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
1)That Burn manufacturing was gazette for duty remission in the financial year, 2022-2023.
2)That the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs (sample clearance letters attached)
3)That Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
Kenya request URT to allow the stoves being transferred by Burn manufacturing be accorded preferential treatment since they are originating in Kenya, in accordance with EAC Rules of Origin, 2015, and the company is nolonger under any remission scheme.
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Resolution status note:
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The Secretariat reported that the company was under duty remission and had not fulfilled the procedures they needed to follow after the expiry of the gazette" |
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NTB-001-112 |
1.2. Government monopoly in export/import |
2023-01-01 |
Uganda: Ministry of Finance |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda Denial of Market Access to EAC Partner States Under Preferential Treatment by charging full CET of 35% to juices origination from Kenya transferred to Uganda by Bidcoro. |
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Resolution status note:
|
During the 43rd SCTIFI the Republic of Uganda informed the meeting that the company Bidcoro was under a country-specific duty remission scheme to import raw materials for the manufacture of fruit juice from September 2021.
Kenya informed the meeting that the company is no longer gazetted under the country-specific DRS
The meeting therefore agreed that the NTB is resolved |
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NTB-001-113 |
2.8. Lengthy and costly customs clearance procedures |
2023-01-01 |
Uganda: |
Kenya |
Resolved
2023-05-17 |
View |
|
Complaint:
|
T1 generation delays:
T1 Mapping on to ICMS system from URA portal for generation of C2
• Goods are sometimes sent back to await clearance at the exporters’ expense.
• Truck Delays at loading bay due to lack of transport document to move along the corridor to partner state
• Time wasted, additional costs such as unit logistics costs due to number of days
-Delays at border Clearance- exit
a) Real time synchrony with partner agency systems as envisaged.
b) Quicker exit and entry clearances- online portal to facilitate trade on realtime. |
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Resolution status note:
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The RMC noted that the issue was operational and such issues are handled by the SCT ICT technical working group. This technical working group was put in place to handle such ICT-related issues as they occur The meeting, therefore, agreed that it is better handled there and be removed from the TBP |
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NTB-001-102 |
2.6. Additional taxes and other charges |
2022-12-22 |
|
Uganda |
Resolved
2025-05-30 |
View |
|
Complaint:
|
SOUTH SUDAN IS IMPOSING COSTLY CHARGES FOR SECURITY ON ENTRY.
The government of South Sudan through the National Revenue Authority imposes high charges on Ugandan transporters as payment for security for entering Southsudan
This is very unfair and increases the cost of doing business.
This fee isn't in the law and is very costly. |
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Resolution status note:
|
The 38th RMC was informed that the NTB was resolved |
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NTB-001-094 |
3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade |
2022-12-12 |
Mozambique: |
South Africa |
Resolved
2024-05-08 |
View |
|
Complaint:
|
We have been applying for a Vet Import Permit to export Nestle Allegra to Mozambique as it has been treated as a dairy product. Nestle Allegra is a non-dairy product and we would like it to be exempt from Vet import permit and treated as non-dairy.
There hasn't been any incident to date. and we cannot quantify the cost. Because the product is treated as a dairy product, it must go through process of vet import permit which delays trade of product. so the cost is indirectly/directly linked to the trade delays which impact working capital cycle. |
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Resolution status note:
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It was raised as a suggestion, so it can be considered resolved. |
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NTB-001-097 |
3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. |
2022-11-28 |
Tanzania: Tanzania Bureau of Standards |
Malawi |
Resolved
2023-03-28 |
View |
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Complaint:
|
Tanzania requires that we produce a Certificate of Analysis done in SGS labs only which are only in South Africa and Mauritius. The test must be done on each and every consignment which is costly and time-consuming. It could have been ideal if they could accept at least from Malawi Bureau of Standard.
Other countries where we export our product accept Certificate of Analysis from our company lab. |
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Resolution status note:
|
From the report of the meting held on 28th March 2023 between SADC Business Council, The Complainant and Tanzania Bureau of Standards (TBS), both parties agreed to resolve the NTB as per the attached minutes of the meetings and the accompanying letter with Reference No. TBS/CED/PVoC/G.54/7870 dated 29th March 2023. |
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NTB-001-101 |
8.7. Costly Road user charges /fees |
2022-11-21 |
|
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
SOUTH SUDAN IS IMPOSING COSTLY ROAD USER CHARGES/FEES. The government of South Sudan through the National Revenue Authority imposes high charges on Ugandan transporters for road use. In 2022, Exporters from Uganda to South Sudan were paying Six Thousand Pounds (6,000) but received receipts reading Five thousand pounds( 5000). This fee isn't in the law and is very costly.It is also impossible to explain to the truck/cargo owners the difference in money paid and money receipted
Currently 2023, Exporters from Uganda to South Sudan are paying Twenty eight Thousand Pounds (28,000) but the receipts they get after payment indicate Twenty One Thousand Pounds (21,000).
This is very unfair and increases the cost of doing business.
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Resolution status note:
|
The 34th RMC was informed that the road user charges for Uganda traders are 21,000 SSP. The 7,000 SSP extra payment is an administrative charge payable to the Ministry of Interior Traffic Directorate. The fee is charged on all transporters, not only Ugandan transporters.
The meeting was informed that Road user charges in RSS in 2022 was 5,000 SSP. In 2023 RSS is charging transporters RUC amounting 21,000 SSP.
The meeting agreed that RSS should stop charging the extra 7,000 SSP on top of the road user charges which are not issued a receipt. |
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NTB-001-079 |
2.6. Additional taxes and other charges |
2022-10-24 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-05-10 |
View |
|
Complaint:
|
RESUBMITION
DISCRIMINATORY CHARGES BY UGANDA : 18% VAT ON FROZEN WHOLE CHICKEN
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT. It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from EAC countries.
The issue had been reported under NTB-001-010 and indicated as resolved. However, on checking in the URA system, VAT is still charged on frozen whole chicken meat |
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Resolution status note:
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The NTB was considered and resolved under NTB-001-010. The new evidence provided was incomplete and could not furnish Uganda with enough information. Hence the issue is still considered resolved. |
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NTB-001-074 |
7.1. Arbitrariness |
2022-08-19 |
Namibia: Namibia Vet Authroities |
South Africa |
Resolved
2026-02-12 |
View |
|
Complaint:
|
a. On the 19th August 2022, a Nestle Cremora stock was held at the border in Namibia, but subsequently released 2 days later. To trade export, Nestle Cremora into Nambia , Nestle Cremora products are now required to be accompanied by a Vet Import Permit to enter Nambia. The authorities there argue that CREMORA is a dairy product and as such should be accompanied by Vet Import Permit. Nestle is arguing that CREMORA is a non-dairy product as ingredients indicate.Nestlé CREMORA® is composed of the following ingredients:
i. Glucose syrup solids, Vegetable Oils (Palm Kennel Oil and Palm Fruit), Stabilisers (E340ii, E451i). Sodium Caseinate (milk protein), Hydrolised Wheat Protein (gluten), Emulsifier (E481), Salt, Anti-caking Agent (E551), Flavouring, Colourants: Riboflavin (E101i) and Beta Carotene (E160a). DocuSign Envelope ID: CE740444-68E4-45B9-A6C0-69A8F1392060 – 2
ii. Sodium Caseinate which is a milk protein contributes about 0.8% of the recipe with ±0.2% milk protein level. 1 – this is below requirements for dairy products.
b. Nestle therefore, confirms that CREMORA® is a non-dairy creamer based on the ingredients used on the product. That CREMORA is labelled a “Coffee & Tea Creamer” is complying with the Imitation Dairy Standard in R1510: Dairy & Imitation Dairy Product Regulation of South Africa. Labelling regulations requires that Nestlé CREMORA® is classified as a “Coffee & Tea Creamer” and that its front-of-pack is labelled as such. Labelling regulations further denote other requirements to which the Nestlé CREMORA product and its packaging must comply with
c. Also Cremora’s tariff code is classified as HS 2106.90.09 Food preparations not elsewhere specified or included – Other.
d. The exact date when the truck was held up at the border was the 19th August 2022 and prior to that we had no episode similar to this. During August, there was no financial impact as the orders were allowed with the warning that the next shipment (if not preceded by the paper work) will be sent back, however, the order for September that Nestle in possession of is valued at R 2,841mio. |
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Resolution status note:
|
Dear Administrator kindly update the status to resolved
Thank you |
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NTB-001-084 |
2.6. Additional taxes and other charges |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2023-05-17 |
View |
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Complaint:
|
25% excise duty on table eggs imported table eggs as a new restriction
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Resolution status note:
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The 34th RMC meeting noted that the law was not being practiced and Uganda was not being affected by the law. Hence the NTB has been resolved |
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NTB-001-085 |
1.4. Preference given to domestic bidders/suppliers |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2024-03-09 |
View |
|
Complaint:
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Kenya's restriction of supplies to the Kenyan Electricity Supply Industry (ESI) to only Kenya originating cables and other ESI materials by Kenya (Public Bid Notice ) |
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Resolution status note:
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NOT New
This complaint was dropped as it it related to trade in services and not trade in goods. Hence it is not an NTB" |
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NTB-001-068 |
1.9. Determination of eligibility of an exporting country by the importing country
Policy/Regulatory |
2022-06-16 |
Kenya: Ministry of Agriculture, Livestock, Fisheries and Cooperatives. (State Department of Livestock0 Directorate of Veterinary Services |
Tanzania |
Resolved
2023-02-20 |
View |
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Complaint:
|
Happy sausage Ltd is meat processing company based in Arusha Tanzania. The company produced various types of sausages (fresh, smoked, cooked, fermented), bacon, harm, fresh, beef, lamb, pork and chicken. The company wanted to export its products in Republic of kenya. The company was advised to apply to the government of Kenya for ana import permit of meat and meat products sourced from Tanzania , particulary from its Arusha facility. The application letter is attached for easy reference. The DVS (Kenya) replied to the application through letter with Reference No. MOALF/SDL/DVS/VPH/GEN/54 dated 29th March, 2022 by citing key requirements for meat importation into Kenya(those guidelines included in the letter).
The company complied with all requirements . The dully filled risk assessment questionnaires was submitted to DVS (Kenya)on 12th April 2022 ( the questionnaires is attached for reference) . What remains undone is for the DVS (Kenya) to send staff to Tanzania to Inspect the slaughter and meat processing facility in Arusha. We humbly request the DVS (Kenya) to send its staff to inspect the facility so that to allow the the company to export meat and meat product in Kenya. |
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Resolution status note:
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The Regional meeting was informed that the DVS of Kenya looked at the risk assessment questionnaire submitted by Happy sausage ltd and approved their import permit. The issue was administrative and was resolved. |
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NTB-001-078 |
1.2. Government monopoly in export/import
Policy/Regulatory |
2022-06-13 |
Kenya: Mombasa sea port |
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Resolved
2023-07-03 |
View |
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Complaint:
|
The government of South Sudan through the Ministry of Transport on 25 Feb 2022 had request the government of Kenya through the Ministry of Transport to facilitate the clearing of all South Sudan cargo at Nairobi Dry Port by moving all containerize cargo by rail and to be cleared at a Private Container Freight Stations (CFS) Autoport Freight Terminals Ltd. When the directive was implemented on 13 June 2022, Stakeholders and the private sector in particulars did not appreciate the move and it see as monopolistic in nature and it did increase the cost of doing business for South Sudan importers, This was brought to the attention of the Ministry of Trade and Industry South Sudan which is the line ministry, The ministry of trade communicated to ministry of transport South Sudan on the implication raise by the private on the cost of import and the monopoly fact, after the consultation between the two ministry in South Sudan, The minister of Trade and Industry wrote two communication letters to the Ministry of Trade Kenya on 23rd May 2022 and Ministry of Transport Kenya on 13 June 2022. However, all the communication had not been responded to from Kenya ministries mention, on 28 July 2022 Members of Parliament summon the ministries of Trade and Transport and resolve to Suspend relocation of South Sudan Cargo via Nairobi to protect South Sudanese and the Minister of Transport South Sudan was requested to revoke his letter to the Ministry of Transport Kenya to allow South Sudanese cargo owner to clear their goods directly from the Port of Mombasa. On 28 July 2022 the Ministry of Transport South Sudan wrote to his counterpart in Kenya requesting the suspension of his previous letter dated 25 Feb 2022. All those communications did not bear fruit on trade facilitation update. Unfortunately on 4th October 2022 the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works. Wrote a letter to the National Treasury and Planning Kenya informing the Cabinet Secretary on not receiving any formal communication from South Sudan Government and for his guidance all South Sudanese cargo is to be rail and cleared at Nairobi.
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Resolution status note:
|
The 42nd SCTIFI noted that Kenya reiterated Her commitment to facilitating the transportation of RSS people and cargo through a letter dated 13th December 2022 addressed to the Minister for Transport South Sudan informing him of a presidential directive on clearance of goods and other attendant operational issues at the port of Mombasa copied to all concerned MDAs of Kenya which is being followed to date. Hence the NTB is resolved. |
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NTB-001-067 |
8.6. Vehicle standards |
2022-04-15 |
Kenya: |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Non recognition of Truck specifications approved and registered in Uganda.Kenya charges truck drivers approximately 150,000 ksh with trucks that have three axle loads.These are recognized and approved for transportation by Uganda. The truck drivers after paying the penalty are required to apply for an exemption permit that should be applied for two weeks in advance which is an additional delay and amounts to an increase in business costs. |
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Resolution status note:
|
The meeting was informed that Kenya is implementing the East African Community Vehicle Load Control (Vehicle Dimensions and Axle Configurations) Regulations (EAC-VLC) Act and its subsequent regulations of 2018. The trucks affected were found to be in violation of the Law. The Act provides a maximum of 4 axles (2 steerings and 2 rear) on a rigid chassis vehicle which must not exceed 12 meters. Impounded vehicles had 5 axles on a rigid chassis vehicle which is not allowed by law. The meeting agreed that the Partner States need to abide by the EAC Laws. Hence the complaint is not an NTB. |
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NTB-001-065 |
5.3. Export taxes |
2022-04-01 |
Botswana: Ministry of Finance |
South Africa |
Resolved
2023-10-05 |
View |
|
Complaint:
|
Botswana government is about to introduce the Tax Stamps on all imported products and that would affect the South African Wine Industry. The Tax Stamp imposition has been confirmed by the Botswana Minister of Finance and they have appointed the Service Provide that would conduct a Research. |
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Resolution status note:
|
The NTB BW NCP has provided the legal instruments gazetted by the BW Government on the matter. |
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NTB-001-063 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2022-03-24 |
Zambia: Kasumbalesa |
Zimbabwe |
Resolved
2023-03-06 |
View |
|
Complaint:
|
There is slow Clearance by border agencies ( Zambia Customs) causing truck delays. Trucks following a queue 34km long at morning of 24 March 2022 . |
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Resolution status note:
|
A Bilateral Ministerial Meeting between the Republic of Zambia and the Democratic Republic of Congo (DRC) was held on 6th March 2023. It was agreed that all border agencies of both countries put in place procedures to allow for 24-hour border operations at Kasumbalesa, Sakania, Mokambo and Kipushi in accordance with internal procedures.Based on the outcome of the Bilateral meeting, the NTB is resolved |
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NTB-001-064 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2022-03-24 |
Zambia: Mokambo Border to Mfulira Road |
Zimbabwe |
Resolved
2023-04-06 |
View |
|
Complaint:
|
The Mokambo Border to Mfulira road has become impassable with trucks getting stuck in the mud and being damaged as a result of the poor road condition |
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Resolution status note:
|
During the COMESA Regional capacity building workshop for National focal Points held in Rwanda from 3-6 April 2023, Zambia focal point reported that reconstruction of the Mokambo border to Mfulira had been commenced. It was therefore recommend that this NTB be regarded as resolved considering that Zambia is taking efforts to reconstruct the road |
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NTB-001-062 |
3. Technical barriers to trade (TBT)
B31: Labelling requirements |
2022-03-22 |
South Africa: Beit Bridge |
Zimbabwe |
Resolved
2022-06-13 |
View |
|
Complaint:
|
Our Company is experiencing discretional acceptance of labelling of Arenel sweets by Port Health South Africa. We export jelly sweets among other products to the Republic of South Africa and our packaging has a sticker written “Jelly Babies” and does not state the word “Sweets”. The majority of sweets sold in the importing country (RSA) have similar packaging. On the 22nd of March 2022 our truck was stopped by Port Health South Africa at Beitbridge Border Post and the officials demanded that our truck return to Zimbabwe with the full load because the product labelling does not conform to the importing country`s labelling requirements. It seems there is no uniformity in the Port Health officials at Beit Bridge Border Posts are accepting labelling requirements for sweets entering RSA. |
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Resolution status note:
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The SA Port Health Authority committed issued Arenel with a six months exemption ( 13 June - 13 December 2022) to continue with their exports to South Africa of apricots and jelly sweets. |
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