| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-066 |
|
2022-01-01 |
Mozambique: Delegação Aduaneira de Ressano Garcia (Road) |
Mozambique |
Resolved
2024-03-31 |
View |
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Complaint:
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Introduction by Autoridade Tributária de Moçambique of a SINGLE ENTRY Temporary Import Permit (TIP) at a cost of MZN700, which is currently processed manually for the majority of vehicles at Ressano Garcia's KM4 facility.
The costs are prohibitive for companies moving transit cargo from South Africa to the Port of Maputo, with 15 loads per week per vehicle a common achievement. In addition, the delays experienced by the manual processing of the TIP document adds significant cost on account of the waiting time that drivers are subjected to. The Port of Maputo has collaborated with Customs in Mozambique to collect electronic payments for the TIPs, but so far only 10 companies have taken up the use of the facility. Even those companies registered on the Port's electronic system are not guaranteed speedy processing, and delays are still experienced by drivers as they still have to queue to collect the TIP document. Electronic payments should take precedent over manual payments, but in reality this is not the case. It is common knowledge that a R50 bribe will speed up the processing of the TIP document.
The SADC Protocol on Trade is clear in its reference to the removal of tariffs and non tariff barriers. At this point, the TIP cost to one company moving 180 trucks per month, is in excess of R1,4million ZAR or USD88,000. The manual processing compromises the integrity of the system and the costs directly impact the competitiveness of the trade route for imports and transit imports into Mozambique.
With the push towards the harmonization of regulations within the SADC and TRIPARTITE region, the TIP process should be harmonized with that of South Africa which has a multiple entry TIP valid for 6 months and is processed at no cost to the user. |
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Resolution status note:
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The NTB-001-066 was resolved, and the withdrawal of fees concerning the 750 Meticais fees paid for issuing and extending the Vehicles Temporary Import License on the foreign carriers was reviewed and published in Ministerial Diploma no. 33/2023 of February 14th, attached above. |
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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:
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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-001-068 |
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 |
|
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:
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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-001-079 |
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-001-082 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
Excise duty on imported onions, potatoes, potatoes crisps and potatoes chips effective 1st July 2022 at rate of 25% imposed by Kenya |
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Resolution status note:
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The 34th RMC noted that the provision of the Law is not applicable hence no NTB has occurred so far and Kenya is requested to amend their law and rectify it to avoid the NTB from occurring. This NTB has been resolved. |
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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 |
|
Complaint:
|
25% excise duty on table eggs imported table eggs as a new restriction
|
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Resolution status note:
|
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 |
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Complaint:
|
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:
|
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-001-097 |
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 |
|
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-001-104 |
1.8. Import bans |
2023-03-06 |
Kenya: Kenya Diary Board |
Uganda |
Resolved
2023-03-20 |
View |
|
Complaint:
|
IMPORT BANS AND DENIAL OF MARKET ACCESS BY KENYA.
On 6 Mar 2023,the government of Kenya through the Kenya Diary Board stopped the issuing of import permits for powdered milk as a means of cushioning the surplus production and low producer prices in Kenya.
By this, Kenya is breaching EAC customs union protocol and the customs union that makes us a common market as well.This is denying ugandan powdered milk access to the kenyan Market and will negatively impact trade relations between the two countries. |
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Resolution status note:
|
The 42nd SCTIF noted that the NTB was resolved. |
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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-001-114 |
1.7. Discriminatory or flawed government procurement policies |
2023-02-01 |
Uganda: URA |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.
Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back. |
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Resolution status note:
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The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 ) |
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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-001-116 |
8.8. Issues related to transit |
2023-05-01 |
|
Uganda |
Resolved
2023-07-03 |
View |
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Complaint:
|
There are 13 road blocks between Nimule and Juba and traders are losing over SSP. 150,000 each. |
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Resolution status note:
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During the 42nd SCTIFI, the Republic of South Sudan reported that the SCTIFI directed South Sudan to remve all road blocks and this directive was implemented. There are only two road blocks from Nimule to Juba hence this NTB was resolved. |
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NTB-001-117 |
2.10. Inadequate or unreasonable customs procedures and charges |
2023-05-02 |
South Africa: Maseru Bridge |
Lesotho |
Resolved
2024-05-31 |
View |
|
Complaint:
|
We have done trade with Eswatini for 33 years and tried to be fully compliant with SARS, but they keep changing the rules and moving the goal posts. We have paid R709,000-00 in provisional VAT taxes that have not been returned to my Company via our clearing agent, Kayhil Freight. Kayhil Freight says that SARS is not processing the acquittal documents and paying them. I do not know who is telling the truth, but we remain short on cash flow by R709,000-00 despite submitting each acquittal on time and without fault. SARS officials are now insisting on Removal in Bond licenses for us to use our own vehicles to deliver to customers in Eswatini, and as such we are not allowed to cross the border. We have been charged Penalties, despite trying to follow the rules imposed by SARS. Please help us we are desperate. |
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Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
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Products:
|
3003.90: Medicaments consisting of two or more constituents mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail sale (excl. antibiotics containing hormones or steroids used as hormones, but not containing antibiotics, al |
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NTB-001-130 |
1.14. Lack of coordination between government institutions |
2023-09-30 |
Kenya: Busia |
Kenya |
Resolved
2023-10-11 |
View |
|
Complaint:
|
Dairy Board officers not in work over the weekend and week days after 1500HRS yet is 24 hr operational |
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Resolution status note:
|
The issue was addressed and the trader confirmed he was served |
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NTB-001-136 |
2.6. Additional taxes and other charges |
2023-10-03 |
Tanzania: TRA |
Kenya |
Resolved
2024-07-04 |
View |
|
Complaint:
|
URT Denial of preferential Market Access for Kibo Motorcycle transferred from Kenya into URT. URT is instead demanding for full CET instead of granting the preferential treatment as the motorcycle has been accompanied with the certificates of Origin. We urge URT to grant preferential treatment to Kenya manufactured motor cycles. |
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Resolution status note:
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There was a mistake in the Certificate of Origin. Kenya needs to rectify it and Tanzania grants preferential treatment. This is not an NTB and hence should be removed from TBP. The NTBs are resolved |
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NTB-001-137 |
1.7. Discriminatory or flawed government procurement policies |
2023-09-04 |
Rwanda: Rwanda Revenue Authority |
Kenya |
Resolved
2024-03-20 |
View |
|
Complaint:
|
Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya
The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda. |
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Resolution status note:
|
Rwanda advised that " According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectioneries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn" |
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