| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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:
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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:
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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 Therefore, this claim of NTB should be withdrawn" |
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NTB-001-143 |
3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT
Policy/Regulatory |
2023-09-22 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
The consignment of Hermetic Bags manufactured by A to Z Textile Mills Ltd of Arusha Tanzania vide export invoice No. OE/7505/23-24 and Road Consignment Note No. 306 was seized by Kenyan Bureau of Standards (KEBS) and held for twenty (20) days as from 22nd September 2023 to 12th October 2023 against the Mutual Recognition arrangement of certified products in the community as per the dictates of SQMT Act of 2006.
The product is certified by Tanzania Bureau of Standard (TBS) as conforming to EAC standard EAS 985-1:2020 and given license No. 4290.
Test results of a sample collected by KEBS from the seized consignment proved that the product conforms to the requirements of the standard - EAS 985-1:2020.
The seizure by KEBS robbed the Tanzanian Company an opportunity to trade, delayed the transfer of goods to her client in Nairobi and loss of TZS 1,668,205/= paid for warehouse rent and reloading of the goods.
Seizure notice, Test results from KEBS, Invoice, Payment receipt and TBS letter to KEBS are attached for reference.
Therefore, I request Kenyan Authorities to;
i. Respect Mutual Recognition arrangement of certified products
ii. Refund the amount of money which was paid by the exporter for unjustifiable seizure of certified goods from Tanzania |
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Resolution status note:
|
The NTB was resolved during the Bilateral meeting where both Parties agreed to adhere to the provisions of the SQMT Act and no Party should take any action without consultations with other standards bodies. Hence the demand for mutual recognition was addressed. The refund is still under consideration in the bilateral arrangements |
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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:
|
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-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
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Resolution status note:
|
Secretariat advised that this is an operational issue can be discussed in Customs Committee |
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NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
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Resolution status note:
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The issue was considered during the bilateral meeting that took place in Kisumu. During the meeting, Both Parties agreed that no administrative measures including uplifting the customs value of products from the other Party be taken without consultations. Kenya has since reviewed the customs values downwards. The issue was hence resolved |
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NTB-001-144 |
2.13. Issues related to Pre-Shipment Inspections |
2023-11-10 |
South Africa: Durban sea Port |
Lesotho |
Resolved
2024-05-31 |
View |
|
Complaint:
|
The Release Documents is 7 days prior to vessel arrival because of cargo dues and upon receiving Arrival Notice. The EDI document was sent for release on the 9th of November 2023 the query came in on the 10th of November 2023, and normally it would be released in less than 6 hours but up to date it hasn't been released. We need the import urgently to be released in order to avoid any delays with our Export Orders. |
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Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
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Products:
|
6006.32: Dyed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long and 6006.34: Printed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "lo |
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NTB-001-150 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-12 |
Lesotho: DURBAN PORT |
South Africa |
Resolved
2024-05-31 |
View |
|
Complaint:
|
THERE IS QUERIES IN REGARDS TO THE FABRIC AND BEING INSPOECTED, BUT NO RESULT HAS BEEN OUT FROM SARS SINCE A LONG TIME |
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Resolution status note:
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Lesotho Focal Point reported that the NTB had been resolved successfully |
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NTB-001-148 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-23 |
South Africa: Durban sea Port |
Lesotho |
Resolved
2024-05-31 |
View |
|
Complaint:
|
Pls kindly see below containers that are to be stopped by SARS.
1. MSKU0755208(Case No.: 480816390), vessel will berth on 27/11
2. MRKU3124436(Case No.: 480819630), vessel will berth on 27/11
3. NYKU4442550(Case No.: 480020360), vessel will berth on 3/12
4. BSIU9818016 (Case No.: 480069900),vessel will berth on 3/12
As you know all vessels delayed so long more than 1 month. Our productions are waiting for the materials. We urgently need all the materials for the garments of export. Pls urgently help to release all these containers.
Highly appreciated |
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Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
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Products:
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6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted |
|
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NTB-001-149 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-24 |
South Africa: Durban sea Port |
Lesotho |
Resolved
2024-04-04 |
View |
|
Complaint:
|
Pls see below container No. which is to be stopped by Sars.
RSU6006851 Case No.: 480928296 Vessel will berth on 27/11
As you know all vessels in Durban delayed so long more than one month. There are Fabric and Accessaries in this container. We urgently need the Fabric and Accessaries from our import containers for export. Pls kindly urgently help to release the container.
Highly appreciated |
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Resolution status note:
|
Good day,
This issue is resolved. Kindly mark it as resolved.
Kind Regards,
Rendani |
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Products:
|
6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted |
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