| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-954 |
2.8. Lengthy and costly customs clearance procedures |
2020-04-03 |
Zambia: Livingstone |
|
Resolved
2020-05-13 |
View |
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Complaint:
|
Challenges were experienced at the Livingstone and Chirundu borders of Zambia we have experienced which led to disruptions of Coca-Cola supply chain network. Although their business has been classified as an essential goods provider in all their markets across the SADC region (and therefore hoped to benefit from the provisions put in place to enable the continued free flow of these designated goods) they have experienced challenges. In Zambia they have been impacted by the implementation of a unique control measure, the “Relay System”, which blanketly requires all foreign truckers to hand over their vehicles to local drivers at the border who continue the journey into Zambia. Their main challenge is that some of the cargo only transits through Zambia enroute to other countries and this system has caused extensive delays of transit cargo flow. There is also risk that these measures may lead other SADC countries to follow suit and adopt a similar system. |
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Resolution status note:
|
During the Consultative meetings between Zambia NMC and border agencies, it was reported that the issue of relay drivers is not policy by the Zambia Government ad that the confusion might have arisen due top COVID -19 pandemic requirements. Zambia has put in place efficient testing and screening facilities and drivers meeting the COVID- 19 requirements are allowed to proceed to their destinations |
|
|
NTB-000-949 |
8.8. Issues related to transit |
2020-03-31 |
Mozambique: Delegação Aduaneira de Machipanda (Road) |
Democratic Republic of the Congo |
Resolved
2020-04-03 |
View |
|
Complaint:
|
The Mozambiquan government cancelled issuing visas to all foreigners travelling to Mozambique including for truck drivers from the DRC following COVID-19 outbreak . The DRC uses Beira port for export and import of products to the DRC. Because of this, the DRC truck drivers are stuck at Nyamapanda border post between Zimbabwe and Mozambique and cannot access the Beira port to load their cargo for transportation back to DRC. |
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Resolution status note:
|
The SADC secretariat reported that , according to the Mozambican NTBs focal point, the matter was resolved, and it was not as alarming as it was reported. In fact, drivers were impatient with the new sanitary and migratory control rules. |
|
|
NTB-000-952 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2020-03-20 |
Burundi: Ministry of Trade, Industry and Tourism |
Tanzania |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Disrimination and denial of Market Access for salt in Burundi.
There was a survey carried by Ministry incharge of Public Health in 2018 in relation to the consumption of salt, that the result revealed that only 52% of Burundians consume adequately iodized salt. On the basis of this survey the Ministry of Trade, Industry and Tourism has taken measures to authorize and license four trading companies as importers of adequately iodized packaged with an iodization rate of between 30 and 60ppm and provided with a certificate of conformity from Standards Bureau of the importing country. The companies authorized and approved by Ministry to import salt in Burundi are the followings;
1. Ubuntu Investment company
2. Geprotus
3. Gitega Business Centre
4. Burundi Import (BIMPO)
No other company or individual is authorized to import and market food salt without the authorization of the Minister in-charge of trade. The issue is the government of Burundi is discriminating other companies to import salt in Burundi. This is against EAC rules and procedures, if the issue is standard of salt there is mutual recognition concerning standard in EAC as per SQMT Act 2016.
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|
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Resolution status note:
|
During the RMC meeting held on 1 September 2020, Burundi reported that an official letter of the Ministry of Trade informing that the measure reducing the number of companies importing cooking salt has been removed. Now the economic operators in the salt trade are authorized and encouraged to do so in strict compliance with the law. The letter specifies however that the imported cooking salt must be a finished product, crushed, cleaned, dried and packaged, adequately iodized and provided with a certificate of conformity from the office of Standard of the import country. |
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NTB-001-010 |
2.6. Additional taxes and other charges |
2020-03-20 |
Uganda: Busia |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya. |
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the SCTIFI meeting was informed that Uganda Law provides that processed chicken is charged VAT and is not discriminatory.
The meeting agreed that it was not an NTB and therefore resolved |
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Products:
|
0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus |
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NTB-000-950 |
2.8. Lengthy and costly customs clearance procedures |
2020-03-15 |
Zambia: Kasumbalesa |
Zimbabwe |
Resolved
2020-05-31 |
View |
|
Complaint:
|
The border is too congested for the past 3 weeks with the queue now stretching backwards for 90 kilometers to Kitwe Town in the Copperbelt in Zambia, the situation has really gotten out of hand and we need urgent intervention.There are more that 1000 trucks queuing now and more joining from the various corridors. |
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Resolution status note:
|
During the verification mission to Chirundu held on 11 - 12 June, the Zambia and Zimbabwe Border Agencies reported that the log ques had been cleared by 31st May 2020 . The following temporary measures were taken jointly to clear the trucks:
1. Increased working hours from 16 hours a day to 24 hours a day;
2. Introduction of an additional lane to fast track the flow of essential goods such as fuels, food medical supplies and medical equipment;
3. Truck drivers are allowed to park their trucks outside the Common Control Zone (CCZ) before undergoing health screening at the passenger terminal in order to decongest the border area; and
3. Introduction of processing of exports in-land to reduce the amount of time spent by the truck drivers at the border. |
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NTB-000-937 |
8.1. Government Policy and regulations |
2020-01-26 |
Zambia: Chirundu |
Zimbabwe |
Resolved
2020-01-30 |
View |
|
Complaint:
|
Lamcast Refractories is a Manufacturing Company located in Redcliff, Zimbabwe. On the 26th of January 2020 we had an export to Zambia, transported via Chirundu border post. Upon arrival at the border our driver was advised through our clearing agent that the consignment needed a cross border permit.
Prior to the trip we had been advised by the VID in Zimbabwe and the Ministry of Transport that the vehicle that we are using is too small (5ton truck), and does not require a cross border permit because of its size and we were further advised that since the truck has yellow number plates it does not require a cross border permit. We were also advised that a cross border permit is issued to 15ton trucks and above of which our truck is a 5ton truck
Our driver has been at border since Sunday the 26th of January 2020 and up today 28/01/20 he has not been cleared on the Zambian side.
The driver had a hard time on both sides of the border because of the issue of the required cross border permit. What we were advised on the ground is different from what was encountered at the border.
May you kindly assist us on the way forward.
We have been exporting to Botswana via Plumtree border post since 2016, and we have never been asked to produce a cross border permit. The exports are being done using the same truck that we are using in Zambia. |
|
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Resolution status note:
|
Zimbabwe Focal Point reported that, the exporter took advice from Zambia Focal Point to seek assistance of Zambian Authorities at Chirundu border post who assisted him. The matter was therefore resolved. |
|
|
NTB-000-968 |
1.7. Discriminatory or flawed government procurement policies |
2020-01-10 |
Tanzania: Government Chemists & Lab Allied (GLCA) |
Kenya |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Chemical Transport Permit for vehicles transporting Kenya’s carbon dioxide (food grade) is classified as a chemical in Tanzania (C02) The license to transport chemicals into Tanzania costs approx. US$ 2/mt. So for trucks which are usually approx. 20mt, are required to pay US$ 40 per truck. The license is issued by GCLA. |
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Resolution status note:
|
During the RMC meeting held on 1 September 2020 , the Secretariat advised that the East African Community Vehicle Load Control Act of 2016 Article 9 read together with the East African Community Vehicle Load Control (Special Loads) Regulations, 2018 Article 12 provides for special categories of vehicle loads that shall only be transported through the Regional Trunk Road Network if a special permit has been issued by the Minister of the relevant Partner State. Carbon dioxide is a chemical that is classified under the Industrial and consumer chemical (Management and Control) Act (pg 55) as hazardous loads and hence needs a special permit to be transported.
The small service fee charged is non-discriminatory and is provided for by Law. Therefore this is not an NTB and should be resolved. |
|
|
NTB-000-940 |
5.14. Restrictive licenses
Policy/Regulatory |
2020-01-09 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2020-09-01 |
View |
|
Complaint:
|
The newly introduced Rwanda FDA is a double registration and a violation to EAC originating products with standardization quality marks for mutual recognition.
Rwanda FDA was never notified to Kenya/EAC
This will mean products going through double registration/approval systems in EAC. Rwanda to consider exempting EAC products from FDA
These are stringent new requirements on the EAC Community Products:
- when you want to import you need to request for import license, we no longer export/import from EAC, therefore when products have quality standardization mark it serves as one of documents to prove the safety of the products.
- You will also need to provide the product invoice and batch test reports to get the import license, before a products is issued with SMark it must be tested and confirmed that it conforms to the EAC products certification therefore this requirements should be exempted from locally manufactured products with quality marks and Certificate of Origin.
- Registration of the products: it is now mandatory to have the products registered have unique Smark numbers. Authenticity of products can be obtained online on the National bureaus.
- Registration fee will make locally manufactured products noncompetitive. |
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Resolution status note:
|
During the RMC meeting the Republic of Rwanda informed that, In addressing such related and persistent NTBs, the EASC in 2018 directed the QATSC to develop a Framework for inter agency regulatory control of food and cosmetics to facilitate cross border trade of these commodities. The final framework was recommended by the EASC for SCTIFI approval in their next meeting and this if Partner States commit to implement will reduce the cost of doing business arising among others from re - registration and re- testing . In respect to the Rwanda FDA, the issue was brought to the attention of the Extraordinary meeting of the EASC held on 12th June 2020. The QATSC was directed to discuss the matter and report in the next EASC meeting held on 23rd July with participation of most Partner States Regulatory Authorities .In that meeting Rwanda FDA reported that they recognize products with the EAC notified Quality -Marks that are issued based on harmonized EAC standards, and what Rwanda FDA was doing was just the listing for such products in building the database. The Registration fees for EAC products is waived and EAC products will be registered automatically. The information is on the website and the the Regulations are attached.The NTB is hence resolved. |
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|
NTB-000-967 |
2.3. Issues related to the rules of origin |
2020-01-01 |
Uganda: Uganda Revenue Authority
|
Kenya |
Resolved
2020-11-24 |
View |
|
Complaint:
|
Uganda denial of preferential market access for wheelbarrow wheels wholly manufactured by Kenrub LTD transferred into Uganda.
The wheelbarrow wheels have been verified by KRA and issued with the certifiate of origin but Uganda do not accept.
URA has not communicated officially to the manufacturer/buyer or KRA on the reasons for denial of preferential treatment. |
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Resolution status note:
|
On 24th November 2020, the Secretariat Focal Point reported that Kenya submitted a report that they are satisfied with progress made to resolve this NTB and hence this NTB has been resolved. |
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|
Products:
|
4012.19: Retreaded pneumatic tyres, of rubber (excl. of a kind used on motor cars, station wagons, racing cars, buses, lorries and aircraft) |
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NTB-000-932 |
8.1. Government Policy and regulations |
2019-12-04 |
Zambia: Ministry of Transport |
Zimbabwe |
Resolved
2020-11-10 |
View |
|
Complaint:
|
Zambia Proposed legislation to restrict foreign registered Road Freight Transport Operators from loading cargo into and out of Zambia violates the provisions of the SADC Protocol, particularly:
1.1 Section 5.1 which calls for the development of a strong and competitive road transport industry which provides effective transport services to consumers. Clearly the introduction of quotas is anti-competitive;
1.2 Section 5.2 calls for equal treatment, non-discriminatory, reciprocity and fair competition. As already pointed out the proposed legislation is discriminatory and anti-competitive;
1.3 Section 6 in which a Zambia/Zimbabwe Joint Route Management Group forum exist but apparently has been ignored by the Zambian authorities who have chosen to introduce the proposed legislation without the courtesy of discussion using the established channels.
The transporters see a backlash from regional countries if this comes to pass and we will soon see cargo staging/transfer points arising at border posts as pressure from regional transport operators mount on their respective Governments to implement similar regulation. |
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Resolution status note:
|
On 10 November 2020, Zimbabwe Focal Point reported that this issue is one of proposed legislation which is not in force and still under consultation. Other Countries in the region are implementing similar provisions which in our view should be the ones reported as NTBs. Foreign Transporters are not experiencing any challenges in Zambia with respect to this particular complaint. |
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|
NTB-000-935 |
1.15. Other |
2019-12-01 |
Zimbabwe: Ministry of Industry and Commerce |
Zambia |
Resolved
2020-02-26 |
View |
|
Complaint:
|
A Zambian exporter is experiencing challenges with obtaining certification from Bureau Veritas (BV) South Africa which has been unjustifiably delaying the issuance of Certificates of Conformity (CoCs) despite all the required documents being availed. This has been a continuous hindrance to the company’s ability to export its products to other countries in the COMESA and SADC regions specifically to Kenya and Zimbabwe.
BV South Africa has been systemically delaying in the issuance of CoCs by, inter alia, requesting for the same documents by different officers in the company and by responding to emails very late beyond the stipulated period of 48 hours within which the CoCs should be issued. These delays have previously lasted up to 3 or 4 months. Additionally BV South Africa has also delayed the issuance of Certificate of Conformity on products that were initially passed on previous assessments despite there being no change in the production process. This problem is related to clearance for exports destined for Kenya and Zimbabwe.
The actions by BV South Africa constitute a Non-Tariff Barrier and we would like this issue to be resolved expeditiously as the Company has already incurred losses as a result of the unnecessary delays. |
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Resolution status note:
|
On 26 February 2020 a representative from Bureau Veritas responded that they are operating a Verification of Conformity programme or CBCA (Consignment- Based Conformity Assessment) on behalf of Governments (in examples provided Zimbabwe, Kenya, Tanzania). Their detailed response to the NTBs is given below :
Followings the analysis of the files reference you provided, we consider that the files were treated in accordance with the applicable technical requirements. For 2 files, improvement of communication would have certainly leaded into shorter processing time. Among various corrective actions that have been decided, the main one is the creation of a Sales Office in Lusaka in order to directly support all exporters willing to export in countries having such Programme of Verification of Conformity. The support will be provided through awareness and clarifications on the implementation of the various programmes. This will be effective as of March 1st 2020. On top of that an awareness session will be organised in Lusaka at the Inntercontinental Hotel on March 27th at 8h30. You are obviously welcome to attend.
We also remind that these programmes are related to conformity of products and applicable assessment process is not only an inspection. Exporters are advised to initiate their requests as soon as they know they are going to supply goods to the country where such program is in place and not to wait for the goods to be ready to be shipped.” |
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NTB-000-948 |
2.6. Additional taxes and other charges |
2019-12-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
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Resolution status note:
|
The SCTIFI agreed that the issue is operational; KRA and TRA should discuss and resolve it.Hence it is resolved from the EAC Time-Bound Programme |
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NTB-000-980 |
2.3. Issues related to the rules of origin |
2019-11-30 |
Rwanda: Rwanda Revenue Authority |
Egypt |
Resolved
2021-03-14 |
View |
|
Complaint:
|
Rwanda Authorities didn't approve Comesa certificate of origin which is issued from Egypt as they are objecting that the product is not Egyptian production . We will be more than happy to invite the delegates from Rwanda to visit our factory & can do inspection to satisfy themselves. The exporting company provided all the required documents necessary to satisfy the criteria for issuing Comesa Certificate to Rwanda. As per the Rules of Egyptian Government for Comesa we have submitted all the necessary documents. Comesa Certificate No. (0092824) is attached. |
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Resolution status note:
|
RESOLVED during 1st Meeting of the COMESA Regional NTBs Forum held on 16- 17 March 2021 |
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NTB-000-931 |
7.3. Corruption |
2019-11-26 |
Zambia: Mazabuka |
|
Resolved
2020-06-24 |
View |
|
Complaint:
|
Zambia Police (not RTSA) often demand first aid kits from Heavy Goods Drivers. As outlined in Roads and Road Traffic Act, Chapter 464, Third Schedule (Regulation 17), this is NOT a requirement for a HGV, but rather for a passenger omnibus or taxi (vehicles carrying passengers for reward). As best practice and as required by some customers, a few HGV operators do place sealed first aid kits in the cabs of the trucks. ZP then break the seal and claim the kit is incomplete. |
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Resolution status note:
|
On June 24 2020, Zambia Focal Point reported that the complaining company had confirmed that this problem was no longer an issue therefore it id resolved |
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NTB-000-926 |
7.3. Corruption |
2019-11-04 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2021-07-09 |
View |
|
Complaint:
|
Bus travelers are being charged R50 on Zobue and Cuchamano border with Mozambique for passport stamping on Entry and Exit as traders travel by Road. |
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Resolution status note:
|
The National Migration Service (SENAMI) suspended the border fee in 2010 and, even when it was being charged, it was forty-nine Meticais and forty-four Centavos (49.44 MZN) and not fifty Rands. |
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NTB-000-939 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-10-16 |
Tanzania: Tanzania Revenue Authority at ICD Kenya |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Denial of market access for Afribon products in Kenya manufactured raw materials for beverage manufactured using locally sourced fruits i.e. Mango beverage compound is produced using Ngowe mango, Tamarind beverage compound produced using Ukwaju, baobab beverage compound produced using mabuyu, orange beverage compound using orange pulp. All these are sourced from Kitui, Mombasa and some parts of rift valley markets and EAC.
The challenge they are facing is that the compounds exported are being subjected to 10% duty, 1.5% RDL levy |
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|
Resolution status note:
|
During the RMC meeting held on 10 August 2020, Kenya informed the RMC meeting that the NTB was resolved |
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|
Products:
|
3302.10: Mixtures of odoriferous substances and mixtures, incl. alcoholic solutions, with a basis of one or more of these substances, of a kind used in the food and drink industries; other preparations based on odoriferous substances, of a kind used for the manufa |
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|
NTB-000-911 |
8.1. Government Policy and regulations
Policy/Regulatory |
2019-10-15 |
Zambia: All Zambia Weighbridges |
Zimbabwe |
Resolved
2020-07-10 |
View |
|
Complaint:
|
Zambia applies 0% tolerance on Gross Weight at all Weigh Bridge Stations when all the other counties on the North – South Corridor allows 2 – 5% tolerance on Gross Weight as allowance for weigh bridge weight variances, since weigh bridges give varying weights at any given time which results in fining transporters unnecessarily. The expectation is that Zambia should apply a 2% tolerance on gross weight thereby removing the current challenge faced by foreign operators in the country. |
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Resolution status note:
|
During the 8th Meeting of NTBs Focal Points held on 8- 10 July 2020, Zambia reported that it applies a 5% tolerance on Gross Weight at all Weigh Bridges. Zimbabwe needs to clarify whether they are still experiencing challenges. If not it should be considered resolved |
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|
NTB-000-918 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2019-10-05 |
Kenya: Charges were applied by Nairobi City Council |
Rwanda |
Resolved
2019-10-31 |
View |
|
Complaint:
|
Requirement to foreign exhibitors in Kenya to have a trading license to be able to display their products in the trade fair without which a fine of Ksh 1,000 per day is imposed to the exhibitor by the City Council. The incident occurred during the Nairobi International Trade Fair that took place at Jamhuri Park to 30th September to 6th October 2019 |
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Resolution status note:
|
During the Sectoral Committee on Trade Kenya reported that it was a one off issue and is committed that it will not happen again in other upcoming exhibitions. The meeting agreed that exhibitors should be informed not to accept any charges and should report to the relevant authorities in case it happens. Hence it was resolved. |
|
|
NTB-000-916 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2019-10-02 |
Tanzania: Government Chemist Laboratory Authority. |
Rwanda |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Requirement by United Republic of Tanzania to transit trucks carrying chemicals to have export and transport chemical permits. Trucks are charged US$ 1 per ton and in most cases arbitrary charges which are imposed to transit vehicles only. The amount is applied to the entire container weight regardless of the weight of the other non-chemical products being transported in the container. Permits are difficult to obtain during week-ends and original copies are required at the border creating further delays |
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Resolution status note:
|
The RMC meeting held on 1 September 2020 agreed that this complaint be resolved as it is agreeable by Law and hence is not an NTB |
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NTB-000-917 |
2.9. Issues related to transit fees |
2019-10-02 |
Tanzania: Tanzania Revenue Authority |
Rwanda |
Resolved
2020-09-10 |
View |
|
Complaint:
|
Requirement by Tanzania Revenue Authority to Rwandan transporters to use two customs bonds on the Northern-Central Corridor (Kigali-Rusumo-Mombasa via Holili-Taveta border post) costing US$ 150 on departure and US$ 80 on return |
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Resolution status note:
|
During the SCTIFI the Republic of Rwanda noted that the the regional bond will be concluded by 1st July, 2021; in the interim traders are incurring double costs and hence urged the United Republic of Tanzania to waive the requirement of the Regional bond while awaiting the finalisation of the Same.
On the issue of waiving the requirement of the Regional bond, Tanzania reported that the Commissioners of Customs will advise during their engagement.The SCTIFI agreed that the issue is operational and should be referred to the Committee on Customs for resolution. Hence it is resolved in this EAC Time Bound Programme |
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