| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-812 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2017-11-17 |
Tanzania: Tunduma |
Rwanda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Delays in releasing trucks at Tunduma & Rusumo border post by Tanzania Revenue Authority (TRA) as a result of manual lodging of import documents |
|
|
Resolution status note:
|
The NTB was resolved during the meeting of SCTIFI of 16th November,2018 |
|
|
NTB-000-813 |
4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons
Policy/Regulatory |
2017-11-17 |
Uganda: Ministry responsible for Agriculture |
Kenya |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Ban on importation of poultry and poultry products. |
|
|
Resolution status note:
|
During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Kenya and Rwanda reported that the ban on entry of poultry products from Uganda based on the ban from the Veternary and Health Regulatory Authorities had been lifted . |
|
|
NTB-000-814 |
1.7. Discriminatory or flawed government procurement policies |
2017-11-17 |
Uganda: Ministry of Finance |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products, Juice, cigarettes. |
|
|
Resolution status note:
|
During the SCTIFI meeting held on 16 November 2018, Uganda reported that she has put in place administrative measures to accord non discriminatory treatment to Kenya products. The NTB is therefore resolved. |
|
|
NTB-000-815 |
2.2. Arbitrary customs classification |
2017-11-17 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2019-05-31 |
View |
|
Complaint:
|
Denial of market access and hiking & fixing of confectionary products values thus making Kenya products uncompetitive. Clients are scared of fixed uplifted value in September |
|
|
Resolution status note:
|
On 7th October 2019, the EAC Secretariat reported that all issues of valuation were considered and resolved by the Customs Committee in May 2019 |
|
|
NTB-000-865 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Uganda: URA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Discriminatory treatment (Excise duty) of Kenyan manufactured products among others cigarettes. |
|
|
Resolution status note:
|
The NTB on Cigarettes was resolved based on the EACJ ruling (Application 13 of 2017 arising from Ref 7 of 2017 issued on 25th Jan 2018: BAT (U) Ltd vs AG Uganda) |
|
|
NTB-000-866 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Tanzania: Tunduma |
Rwanda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks. |
|
|
Resolution status note:
|
Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted. It was recommended to geo-map all the transit routes and gazette the Mtera route.
The Mtera route was later on gazetted vide Legal Notice No. 48 of 10th May, 2018. and hence the NTB reswolved. |
|
|
NTB-000-867 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Uganda: URA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas Manufacturers Ltd in Kenya and transfered into Uganda. |
|
|
Resolution status note:
|
Uganda had reported that the Company manufacturing them was under duty remission regime and hence should attract full CET.
But then Uganda confirmed that the company is not on duty remission and the Uganda Revenue Authority started granting preferential Treatment. |
|
|
NTB-000-868 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Tanzania: TRA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process. |
|
|
Resolution status note:
|
The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The matter was resolved |
|
|
NTB-000-791 |
8.6. Vehicle standards
Policy/Regulatory |
2017-11-10 |
Botswana: Kazungula Road |
|
Resolved
2018-04-10 |
View |
|
Complaint:
|
Botswana requires that transporters get exemption permits issued either in Francistown or Gaborone, the same original permits must then be couriered to Kazungula where the permit then must be presented to the Kazungula PTC for authorisation and stamping, then to the Botswana Power Corporation for authorisation and stamping, only then can the truck proceed to Kazungula weighbridge and present the permit and be inspected and weighed.These permits are only valid for 7 days so the window in which to use the same permit is very narrow, especially since there are sometimes issues where Zambia Revenue Authority Asycuda system experiences failures and down time.
Further, Transporters are required to put up abnormal signs and red flags on the trucks before they can be released by the Kazungula weighbridge staff. The weighbridge does not permit trucks with over 4.3 Metres high is not permit and yet most of the trailers which the transporters run are just under 4.4 Meters high with a High Cube container on board.
There are no bridges or low power lines, to which a High cube container with a height of 4.6 Metres , would pose a threat to on the entire route from Zambia through Botswana and South Africa .
This is another one of many hurdles being put in the road which is increasing the costs of regional trade and is yet another barrier to trade on our corridor to South Africa. |
|
|
Resolution status note:
|
On 10th April 2018 , Botswana Focal Point reported that Botswana is in compliance with the Regional Standard Dimensions of Vehicles in all its aspects; and specifically the 4.3m overall height.
Exemption permits for over height vehicles is issued from two (2) central locations i.e. Gaborone and Francistown. However Botswana has eased the problem on transporters by issuing Annual exemptions which means the transporter need only to apply once in a year for his Fleet crossing into Botswana. The exemption has no limitations on the number of trips the transporter undertakes nor when the trips are made. The frequent users of the corridor are at liberty to apply for a one year permit.
Transporters are expected to apply for the permit either through their representatives or agents well in advance to enable Department of Roads to process the permit on time. Copies are sent to all the weighbridges along the route that the truck will follow.For safety purposes abnormal signs and red flags are supposed to be mounted on the vehicles before they are allowed onto the public road. |
|
|
NTB-000-792 |
8.7. Costly Road user charges /fees |
2017-11-01 |
Zambia: Chililabombwe |
|
Resolved
2019-01-11 |
View |
|
Complaint:
|
Transporters are being charged a motor vehicle fee by Chililabombwe Municipal Council. There is no justification for such a fee since the transporters do not receive any services from the Council. The transporters are travelling on national roads, which are maintained by the government and not the Council. The transporters pay road user charges to the government to maintain the roads. According to NTB-000-480, this was addressed on the 7 September 2016, but this problem has emerged again since 20th October 2017. |
|
|
Resolution status note:
|
Zambia reported that the by-law has now been revoked and councils have stopped charging the said fees. |
|
|
NTB-000-800 |
2.3. Issues related to the rules of origin |
2017-11-01 |
|
|
Resolved
2019-10-15 |
View |
|
Complaint:
|
Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar.
EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
|
|
|
Resolution status note:
|
The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved. |
|
|
NTB-000-789 |
2.10. Inadequate or unreasonable customs procedures and charges |
2017-10-31 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2018-01-22 |
View |
|
Complaint:
|
There is a problem on processing of Temporary Import Permits since Zimbabwe Revenue Authority came up with a system of doing more Temporary Import Permits for one vehicle. Transporters are now made to write 3 Temporary Import Permits on one truck. 1 Temporary Import Permit for the horse and 2 for the 2 trailers. Processing the Temporary Import Permits is taking too long , for example, Temporary Import Permits for 93 & 98 which we submitted at 01:20hrs ( 31st October 2017) were not ready by mid morning 1st November 2017. Another Temporary Import Permit submitted at 1900hrs last in the night of 31st was only done at 03:15 hrs in the morning of 1st November 2017 .
ZIMRA is now making the clearing agent do a TIP for every unit of the truck. The truck itself then the trailer as well. In the case of an interlink, that is 3 TIPS. |
|
|
Resolution status note:
|
On 5 December 2017, Zimbabwe Focal Point confirmed the feedback by Revenue Authority that the client should approach the Station Manager for the Zimbabwe Revenue Authority at Chirundu One Stop Border Post to be guided on the proper forms to use. With this explanation issue should be taken as resolved. |
|
|
Products:
|
8709.19: Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms (excl. electrical |
|
|
NTB-000-789 |
2.10. Inadequate or unreasonable customs procedures and charges |
2017-10-31 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2018-01-22 |
View |
|
Complaint:
|
There is a problem on processing of Temporary Import Permits since Zimbabwe Revenue Authority came up with a system of doing more Temporary Import Permits for one vehicle. Transporters are now made to write 3 Temporary Import Permits on one truck. 1 Temporary Import Permit for the horse and 2 for the 2 trailers. Processing the Temporary Import Permits is taking too long , for example, Temporary Import Permits for 93 & 98 which we submitted at 01:20hrs ( 31st October 2017) were not ready by mid morning 1st November 2017. Another Temporary Import Permit submitted at 1900hrs last in the night of 31st was only done at 03:15 hrs in the morning of 1st November 2017 .
ZIMRA is now making the clearing agent do a TIP for every unit of the truck. The truck itself then the trailer as well. In the case of an interlink, that is 3 TIPS. |
|
|
Resolution status note:
|
On 22 January 2018, FESARTA sent email to Focal Point, Zimbabwe advisng that the NTBs had been resolved as per advice from ZIMRA. ZIMRA advised complainant to approach the ZIMRA office at Chirundu for assistance since this was an issue concerning lack of information on how to go about the procedure. The complainant was guided on the proper forms to use. |
|
|
Products:
|
8709.19: Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms (excl. electrical |
|
|
NTB-000-785 |
8.8. Issues related to transit |
2017-10-25 |
Zimbabwe: Beitbridge |
|
Resolved
2019-08-21 |
View |
|
Complaint:
|
Haphazard breaking of seals at Beitbridge Border without any proof of authentication. Customs officials are breaking the transit cargo seals on the containers and merely crossing out the seal on the manifest and replacing it with the temporary seal. This has severe implications as these containers have already been fumigated and opening the container compromises the fumigation process and leaves the load susceptible to tobacco beetle cross infestation at the border. As there is no authenticity/customer number/stamp endorsing the seal change it means that anyone could have tampered with the cargo on route and this possess another issue with our customers in the USA as it contravenes their anti terrorism procedures . There was legislation passed by ZIMRA in terms of SI 113 of 2017, the Customs and Excise (General) Regulations, SI 154 of 2001, Section 60 that states no seals should be opened in transit through Zimbabwe in order to improve the management of transit cargo. This new legislation needs to be passed on to the officials at Beitbridge (Zimbabwe side)as they are still breaking seals at the border. |
|
|
Resolution status note:
|
During the meeting of the NTBs Focal Points held on 19-21 August 2019, Zimbabwe Focal Point confirmed the ZIMRA report below that, transit trucks which are picked by the system for Physical Examination (P/E) are referred to the container depot for P/E. The majority of these trucks are P/E waived.
Where a physical examination is conducted broken seals are replaced and the replacing seals are endorsed on the manifest and the office stamps and signs.
The above is the same procedure on both imports and exports.
Where trucks are not referred for P/E the trucks are either escorted or sealed with electronic seals.
When trucks are escorted no seals are broken.
There are instances when the container has seals on all openings and ZIMRA break the other seal in order to place their electronic seal. In such a case appropriate endorsement is made on the manifest.
There could be some cases probably where officers have not done this hence the complaint from the client. ZIMRA however does not have a point of reference since a particular case has not been cited.
ZIMRA management have reminded all officers to ensure that whenever a seal is broken the appropriate endorsement is be done. |
|
|
Products:
|
2401.10: Tobacco, unstemmed or unstripped |
|
|
NTB-000-784 |
8.8. Issues related to transit |
2017-10-10 |
Zambia: Kapiri Mposhe |
South Africa |
Resolved
2019-01-11 |
View |
|
Complaint:
|
Transporters are experiencing substantial delays at the weigh-bridges in Zambia when transiting to and from DRC. To make matters worse trucks get weighed at more than one weigh bridge even though the drivers have copies of the initial weigh bridge slips showing no overloads. |
|
|
Resolution status note:
|
Zambia reported that the Road Development Agency (RDA) was acting within the law (The Tolls Act of 2011). As a result, trucks are continuously weighed to ensure that no extra loads are added onto the trucks.There is an going process to designate weigh bridges for international truckers as part of the vehicle load management programmes being implemented under the tripartite .Delays in the weighing process are only occasional and not every time. A normal weighing process takes 3 to 5 minutes depending on the details being submitted. All the trucks were cleared and therefore the matter is resolved |
|
|
NTB-000-810 |
8.7. Costly Road user charges /fees |
2017-10-02 |
Tanzania: Tunduma |
Rwanda |
Resolved
2018-10-31 |
View |
|
Complaint:
|
Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks. |
|
|
Resolution status note:
|
The Committee on Customs during its meeting in May noted that Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted. It was recommended to geo-map all the transit routes and gazette the Mtera route.
The Mtera route was gazetted vide Legal Notice No. 48 of 10th May, 2018. The Regional Forum on NTBs at its meeting in October, 2018 was informed that Trucks to Kigali are no longer required to have escorts.
The NTB was resolved. |
|
|
NTB-000-811 |
3. Technical barriers to trade (TBT)
B11: Prohibition for TBT reasons
Policy/Regulatory |
2017-10-02 |
Kenya: State Department of Trade |
Rwanda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Kenya banned exports of scrap metals destined to Rwanda in accordance with scrap metal Act NO. 1 OF 2015 |
|
|
Resolution status note:
|
Kenya informed the SCTIFI in November 2018 that the scrap metal is a restricted business in Kenya and that Rwanda traders require a permit to transfer the scrap metal from Kenya. Rwanda informed the meeting that NTB is resolved. |
|
|
NTB-000-783 |
2.8. Lengthy and costly customs clearance procedures |
2017-09-19 |
Zimbabwe: Beitbridge |
South Africa |
Resolved
2019-09-09 |
View |
|
Complaint:
|
Zimbabwe Revenue Authority (ZIMRA) is not adhering to their new procedure for handling transit cargo thereby causing serious delays in clearance of trucks at the Beitbridge border post.
Truckers are experiencing serious delays because ZIMRA is not adhering to the procedure it stipulated in its communication documents. ALL transit cargo is being fitted with seals, despite the cargo already being sealed by client at loading point. Communication from drivers indicated that, currently only 5 trucks being sealed per day.
Trucks then going onto a "list" for transit escort. This is despite the official communication stipulating that ONLY trucks carrying cargo that is not covered by a suitable tent/tarpaulin that cannot be sealed will be considered by authorities to be escorted.
Truck is a tautliner and thus can be sealed yet driver has been informed it needs to be escorted, and he was informed that 5 trucks per day are escorted to Chirundu. Currently he is number 48 in the "list". This goes against what was communicated in ZIMRA informational document.
Our trucks have Route Risk Assessment done prior for the reasons stated by another complainant, yet ZIMRA wants to dictate which roads and routes to use. This procedure is causing unnecessary delays at the border. |
|
|
Resolution status note:
|
On 22nd August 2019, the Zimbabwe Revenue Authority Head of Technical services advised that not all transit cargo is being selected for Electronic Cargo Tracking, but only cargo that is selected as hig risk transit cargo through the use of ZIMRA automated risk management engine. Beitbridge is sealing in excess of 50 of the over 300 transit trucks cleared on a daily basis which is selected by the automated risk management engine. On implementation of Electronic Cargo Tracking System high risk transit cargo that could not be electronically sealed was escorted through Zimbabwe, however, adequate electronic tracking seals have now been procured to facilitate the sealing of all highrisk transit cargo as selected by the risk management engine. As of August 2019, no escort are being done unless there is a specific need. The drivers are at liberty to select their designated route to be followed as they transverse Zimbabwe by completing a Route Declaration Form.
This NTB arose due to challenges faced on implementation of the electronic cargo tracking system in Zimbabwe, through stakeholder engagement and dialogue implementation challenges were resolved. Therefore this NTB has been resolved . |
|
|
NTB-000-782 |
8.7. Costly Road user charges /fees |
2017-09-17 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Trans[porters are experiencing the following delays and other administrative costs as a result of the sealing process by ZIMRA:
• The vehicles are delayed up to 24 hours while waiting for the seals
• ZIMRA Officials remove existing seals to fit their seal and then do not replace the seals when their electronic seals are removed
• ZIMRA Officials have refused to endorse the documents when seals have been removed
• They have damaged transporters equipment and gone so far as to use a drill on a loaded fuel tanker to drill a large hole to fit their seal. This is completely unacceptable!
• Where one of their seals was incorrectly fitted and fell off the truck, they then cut other seals and drew samples of the product to ensure it had not been contaminated. No explanation was given and our customer consequently rejected the load as the integrity had been corrupted
• Transporters are expected to adhere to routes stipulated by ZIMRA. We have Route Risk Assessments on all our routes. The route is determined due to a number of factors including distance and safety. This is pertinent to Zimbabwe where the road infrastructure is failing
• Beyond the instruction to pay for the sealing, transporters are further expected to pay the costs of escorts |
|
|
Resolution status note:
|
The payment for sealing is a requirement in terms of the law in terms of Statutory Instrument 113 OF 2017. A fee of $30.00 shall be levied on every road vehicle conveying goods and break bulk cargo through Zimbabwe upon which electronic seals and magnetic sealing cable are placed on the cargo in term of the law.he vehicles are delayed up to 24 hours while waiting for the seals.Noted, it is not the intention of ZIMRA to delay any vehicle because of sealing, sealing is done in the minimum possible time and where delays are experienced, one can immediately contact the Supervisor or Manager on duty for assistance. Contact numbers for Supervisors and Managers are displayed in the offices .
ZIMRA has since obtained the seals and there are no more delays . |
|
|
NTB-000-899 |
6.2. Administrative fees |
2017-07-28 |
Tanzania: TFDA |
Kenya |
Resolved
2019-08-14 |
View |
|
Complaint:
|
TFDA (Tanzania Foods & Drugs Authority) imposes a 1.5% fees on FOB value on all imports (food, drugs & cosmetics). This is badly hurting local and regional trade as well as local manufacturers. |
|
|
Resolution status note:
|
The Extra Ordinary SCTIFI of August 2019 noted that since TFDA had been dissolved, there is no more fees paid to TFDA. Hence the NTB was resolved. |
|
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