| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-894 |
3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. |
2019-05-14 |
South Africa: Maseru Bridge |
Lesotho |
Resolved
2019-05-22 |
View |
|
Complaint:
|
SARS inspection process takes too long thereby delaying transit of goods destined for the Port. TZICC Clothing Manufacture, requesting SARS to expedite clearance of their declaration which was done last May 14, 2019. The container has not been cleared as at Wednesday 22 May 2019 our Container has not been release yet. The Export Container is going to United States of America and there is a schedule that the company need to meet specially the vessel Stack Dates in Durban. Case # 313253631 was pending since Wednesday and it took so long for SARS to answer or response on the query. 1st we do the VOC 2nd they ask for the Sales Contract 3rd they ask for the Provisional Payment amounting R28866.87 which was already done paying Friday 17 May 2019, everything was uploaded on Friday but SARS has not responded as on 22 May 2019. TZICC are not in a position to know what is going on as SARS are not answering on the system.
This container will cost a lot if the consignment misses the vessel again in Capetown just because of SARS Customs. |
|
|
Resolution status note:
|
On 22 May 2019, South Africa Focal Point reported that discrepancies that were picked up which resulted in the delay of the declared consignment were rectified. The case has been finalised and released. |
|
|
NTB-000-901 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2019-05-03 |
|
Kenya |
Resolved
2019-10-15 |
View |
|
Complaint:
|
South Sudan is subjecting Kenyan exports to Certificate of Conformity (CoC); South Sudan through their Ministry of EAC and Industry has written letters to Kenya manufacturers informing them that there will be a penalty of 15% CIF on all imports into the Republic of South Sudan without CoC. Exporters are required to have their consignments verified in the country of export before shipment. |
|
|
Resolution status note:
|
During the Regional Monitoring Committee held on 15th October, 2019 the Republic of Kenya reported that the NTB was resolved. |
|
|
NTB-000-891 |
2.8. Lengthy and costly customs clearance procedures |
2019-04-09 |
South Africa: Cape Town |
Eswatini |
Resolved
2020-02-04 |
View |
|
Complaint:
|
SARs stopped containers for inspection and are demanding proof of payment from consignee/buyer to the exporting company (Supplier) for the goods in transit to Eswatini. The affected company, Long Wei Investments are experiencing delays and incurring storage and demurrage charges at the port of discharge in Cape Town. SARS has withheld the consignment for over seven days from 9th April 2019. SARs are asking for different documentation at different times and dates thereby further delaying the inspection process and release of the consignments. The affected products are on Bill of Lading No. COSU6198384160 |
|
|
Resolution status note:
|
The Focal Point for Eswatini reported that the matter had been resolved. |
|
|
NTB-000-903 |
8.4. Transport related corruption |
2019-04-05 |
Kenya: Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret |
Rwanda |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Multiple police check points from Mombasa to Malaba (Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret).
During the 27th RMC meeting the Republic of Rwanda reported that there are many check points from Mombasa port to Malaba/Busia which charge money to transporters. |
|
|
Resolution status note:
|
The RMC held on 1 September 2020, agreed that this NTB is resolved and urged Kenya to make sure road blocks don't emerge again |
|
|
NTB-000-904 |
1.14. Lack of coordination between government institutions |
2019-04-05 |
Uganda: Mutukula |
Tanzania |
Resolved
2019-10-31 |
View |
|
Complaint:
|
Posting of sufficient personnel to Mutukula One Stop Border Post (OSBP). Tanzania has already deployed staff necessary to meet the 24/7 working hours. But Ugandan border officials does not work 24/7. Thus, business from Tanzania to Uganda is severely affected. |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade held on 31 October 2019, the Republic of Uganda reported that the Mutukula OSBP is now fully operational at 24/7 basis. The following number of staff from respective agencies were deployed:
Customs (URA) - 25
Immigration (MIA) - 11
Ministry of Agriculture Animal Industry and Fisheries - 3
All other relevant agencies (MAAIF) are present at the OSBP
Hence the NTB was resolved. |
|
|
NTB-000-902 |
8.8. Issues related to transit |
2019-04-03 |
Tanzania: TRA |
Burundi |
Resolved
2019-05-10 |
View |
|
Complaint:
|
The application of VAT for transit goods that spend more than one month in URT without being loaded |
|
|
Resolution status note:
|
During the 27th RMC meeting, the Republic of Burindi reported that transit goods which have spent more than 30 days in Tanzania are charged VAT, when they exit.The Republic of Burundi resubmited to the Secretariat the evidence that was submitted to the United Republic of Tanzania. The United Republic of Tanzania informed the meeting that the fee is charged on services rendered to the trader after the 30 days of the grace period and these services are taxable. The United Republic of Tanzania informed the Sectoral Committee on Trade that as per the evidence given the fee is charged on services rendered to the trader but not on the transit goods after expiry of the 30 days of the grace period and these services are taxable. Hence the United Republic of Tanzania considered the issue not qualifying to be an NTB. Hence the issue was resolved. |
|
|
NTB-000-921 |
5.5. Import licensing requirements |
2019-04-01 |
Tanzania: TMDA |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
TMDA requires that registration of injectables be done per product instead of a pack size. The registration requirement increases cost of the products. |
|
|
Resolution status note:
|
The RMC meeting held on 10 August 2020 was informed that Tanzania registers injectables per pack size as per the registration of pharmaceuticals regulation 5 subsection 6. Hence NTB is resolved |
|
|
NTB-000-878 |
2.8. Lengthy and costly customs clearance procedures |
2019-01-29 |
South Africa: Maseru Bridge |
Lesotho |
Resolved
2019-02-01 |
View |
|
Complaint:
|
We are experiencing delays by SARS customs who are taking time to inspect our container that is in transit. The delay is causing difficulties to meet the vessel to carry the shipment as it will be closing on Thursday 31st January at 06:00am and we are running out of time. |
|
|
Resolution status note:
|
This NTB was resolved too late and the consignment missed the vessel thereby adding to transport costs. Lesotho reported that:
1. The inspection took long resulting in the consignment missing the vessel in Durban Harbour; trader incurred additional costs by taking the consignment to Cape Town instead of Durban; and
2. the congsinor was charged provisional payments upon the release of the consignment.
Lesotho observed that SARS treatment of Lesotho transit goods compromises prospects of Lesotho's international trade opportunities as the country seeks to expand and diversify both products and markets to contribute to economic growth and poverty reductionNTB Focal Point in South Africa are requested to assist in clarifying the situation on inspection with SARS at Maseru Border Post to expedite the process. |
|
|
NTB-000-924 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-01-14 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products. |
|
|
Resolution status note:
|
The regional Meeting held in February 2023 agreed that the NTB had been resolved |
|
|
NTB-000-883 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-12-17 |
Kenya: KRA |
Tanzania |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Introduction of Tax Stamp/Printed Codes:
Under the Kenya Excise Act of 2015, the Kenya Revenue Authority (KRA) introduced either tax stamp or printed codes on beer and KEG manufactured or imported into Kenya with effect from 1st February 2016 at the cost of KShs. 1.50 per stamp with a manual application which raises the cost to USD 5.5/hl. |
|
|
Resolution status note:
|
During the Bilateral Meeting between Tanzania and Kenya held on 23rd - 27th April, 2019 in Arusha, Tanzania.Kenya reported that this is a domestic function under the Domestic laws and falls under the Domestic Tax Harmonization.
Tanzania requested Kenya to consider lowering the charges and the fees should be issued electronically. Kenya recommended to wait for domestic harmonization process to be completed.
Recommendation: Both Parties agreed to handle the matter under domestic tax harmonization ad therefore matter is resolved. |
|
|
NTB-000-882 |
2.3. Issues related to the rules of origin |
2018-12-17 |
Tanzania: Namanga |
Tanzania |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Denial of preferntial treatment for products produced by Tanzania Breweries (TBL) Ltd.
Kenya is insisting that Tanzania produced Beer (Redds and Castle Lite) are manufactured in South Africa. |
|
|
Resolution status note:
|
During the Bilateral Meeting held on 23- 27 April, both parties agreed to undertake verification of the plants. Meanwhile, Kenya will accord preferential treatment to Tanzania beer . |
|
|
NTB-000-890 |
7.10. Other |
2018-11-19 |
Kenya: Moi International airport |
Tanzania |
Resolved
2019-04-23 |
View |
|
Complaint:
|
A Tanzania trader (02 Export Gem Company Limited of Arusha, Tanzania) had exported a consignment of minerals to Kenya. However, the business deal was not sealed and hence the consignment was directed to be taken back to the Country of Origin (Tanzania). All documentation regarding the return of the consgnemnt were processed between TRA and KRA and were concluded. But KRA could not realease the consignment to the Tanzania Trader. Despite all efforts made physically, on phone and in writting, KRA has held the consignment since November, 2018 to date. The company has incured losses in following up on the consignment including among others Hotel bills, escort fees, transfer car fees, storage fees, fees related to documentation processing.
KRA is required to release the consignment to the trader and re-emburse all the costs related to the delay in releasing the consignment. |
|
|
Resolution status note:
|
This matter was therefore resolved at the Bilateral meeting held on 22-23 April 2019 between Kenya and Tanzania . Kenya committed to deliver the minerals to the trader on 27th April, 2019 at Taveta border Post |
|
|
NTB-000-836 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-10-26 |
Tanzania: Tanzania Dairy Board |
Rwanda |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Milk exported to Tanzania attracts numerous charges collected by different institutions including Tanzania Bureau of Standards, Tanzania Foods and Drugs Authority and Tanzania Dairy Board.
Also, to import a kilogramme of milk in Tanzania, under the newly signed Animal Diseases and Animal Products Movement Control Regulations published on 31st August 2018 (Government Notice No 476) and which entered into force on 1st October 2018, Tanzania now requires to pay Tsh 2,000 on milk imported from outside the country from Tsh150. This is a 1,233% increase (https://allafrica.com/stories/201810030671.html ).
This is a total ban since milk imported cannot compete with the local one. |
|
|
Resolution status note:
|
URT reported to the regional meeting that TFDA does not exist, TBS and TMDA do not charge. Hence the issue of numerous charges is resolved. The Tanzania Dairy Board Charges have been revised from 2,000 to 1,000 through Government Notice number 478 of July 2022. The remaining charge is part of the ongoing process of harmonization of fees, levies, and charges. Hence the meeting agreed that the NTB is resolved. |
|
|
NTB-000-837 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-10-23 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Imposition of withholding tax of 20% on demurrage charges by Kenya. |
|
|
Resolution status note:
|
NTB was resolved during the SCTIFI |
|
|
NTB-000-933 |
7.7. Complex variety of documentation required |
2018-10-12 |
Egypt: Port Said Sea Port |
Mauritius |
Resolved
2020-10-08 |
View |
|
Complaint:
|
The Egyptian authorities require a number of lengthy and costly documentation for clearance of consignment at customs. The identified cumbersome documentation requirements are as follows:
1. All export documents must be signed and stamped by the exporter's legal representative
2. All export documents must be signed and stamped by the Prime Minister's Office of Mauritius (Apostille requirement)
3. All export documents must be signed and stamped by Ministry of Foreign Affairs of Mauritius (Apostille requirement)
4. All export documents must be signed and stamped by the Egyptian Embassy in Mauritius
5. All export documents must be signed and stamped by the Mauritius Chamber of Commerce and Industry
Some products also require a Certificate of Origin issued by the Mauritius Chamber of Commerce and Industry despite being already accompanied by a COMESA Certificate of Origin. |
|
|
Resolution status note:
|
During the 5th Meeting of the COMESA Trade and Trade Facilitation Sub Committee held on 6- 8 October , Mauritius reported that the NTB had been resolved |
|
|
NTB-000-842 |
2.3. Issues related to the rules of origin |
2018-10-01 |
Uganda: Border |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Steel products transferred to Burundi from Uganda and Kenya.
Burundi does not offer preferential tariff treatment to metal products transferred from Uganda and Kenya. |
|
|
Resolution status note:
|
The NTB was resolved |
|
|
NTB-000-857 |
8.3. Immigration requirements (Visa, travel permit) |
2018-10-01 |
Tanzania: Kilambo |
|
Resolved
2023-02-20 |
View |
|
Complaint:
|
Tanzania charging of Business Visa of USD 250 to EAC business persons entering URT charged as Certificate of Temporary Assignment (CTA) at all borders |
|
|
Resolution status note:
|
The regulations went through the legal draftspersons. They decided to do away with having Regulations as this was not provided for under the CMP. However, some of the provisions that were in the Regulations were included in the revised EAC Schedule on Progressive Liberalization of Services. This includes the provision on the Removal of Barriers to Trade in Services. With this, all barriers under Trade in Services will be progressively removed as per the EAC Schedule. Hence the meeting agreed to resolve this NTB as it has been taken care of in the Schedule. |
|
|
NTB-000-844 |
Insurance |
2018-09-28 |
Uganda: Police |
Burundi |
Resolved
2018-09-28 |
View |
|
Complaint:
|
Non-recognition of the COMESA Insurance by Uganda in case of accident. |
|
|
Resolution status note:
|
Uganda reported that under the Law, in case of a fatal accident, the drivers are supposed to be taken to court unless you opt to resolve it. The meeting agreed that this NTB has been resolved. |
|
|
NTB-000-847 |
7.5. Lengthy procedures |
2018-09-28 |
Tanzania: Isebania |
Burundi |
Resolved
2018-11-16 |
View |
|
Complaint:
|
TRA is requiring escort for wines, spirits, and Palm oil destined to Burundi. This decision was not communicated to Burundi and Importers are expected to pay TZS 1,500,000 for this. |
|
|
Resolution status note:
|
TRA reported that escorts have been discontinued.
NTB resolved |
|
|
NTB-000-838 |
2.3. Issues related to the rules of origin |
2018-09-20 |
Uganda: Malaba |
Tanzania |
Resolved
2018-11-16 |
View |
|
Complaint:
|
A to Z Textile Mills Ltd based in Arusha exported textile products to Uganda with EAC Certificate of Origin but URA did not offer the preferential tariff treatment and a 25% import duty was imposed on the products |
|
|
Resolution status note:
|
URT informed the meeting that A to Z Textile Mills Ltd is not in the EPZ. Although the company was gazetted for duty remission they did not use it. Tanzania requested to de-gazette the Company from the duty remission scheme.
Uganda reported that once the company is de-gazzeted, she will provide the products that qualify preferencial treatment.
The meeting declaired the NTB resolved. |
|
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