| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-377 |
2.3. Issues related to the rules of origin |
2010-02-10 |
Zimbabwe: Ministry of Trade |
Zimbabwe |
Resolved
2010-07-30 |
View |
|
Complaint:
|
Small traders are denied certificates of origin by producers of products in cases where declarations by producers have to be given. ZIMRA has put in place a law where such declarations are denied which is against the protocol provisions |
|
|
Resolution status note:
|
Zimbabwe reported that ZIMRA does issue certificates of origin. All certificates that are presented to ZIMRA for processing and the goods do meet the origin criteria are processed. |
|
|
NTB-000-363 |
7.7. Complex variety of documentation required |
2010-02-10 |
Kenya: Kenya Revenue Authority |
Zambia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Documentations requirements for exports to Kenya are too cumbersome (SGS invoice is issued after one month and you are charged inspection charges. With regards to import permits, Zambian exporter has to raise COMESA Certification and send to Kenyan importer before shipping the goods. This process takes more than 3 months. |
|
|
Resolution status note:
|
Issue resolved through COMESA Customs and Trade Committee |
|
|
NTB-000-359 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Kenya: Ministry of Home Affairs |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
In Kenya, police can claim that a container is security risk and arrest it until customs people come. |
|
|
Resolution status note:
|
At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that this was an isolated case which did not repeat. |
|
|
NTB-000-350 |
7.6. Lack of information on procedures (or changes thereof) |
2010-02-10 |
Mozambique: Ministry of Trade |
Mozambique |
Resolved
2011-06-08 |
View |
|
Complaint:
|
Mozambique private sector do not have information regarding tariffs obtaining in the SADC FTA. They are also not conversant with the SADC certificate of origin |
|
|
Resolution status note:
|
Mozambique, reported that there exists a confederation of association of the private sector (CTA) in which there is a working group that deals with customs matters, which participates in all meetings and events related to the subject. |
|
|
NTB-000-378 |
7.6. Lack of information on procedures (or changes thereof) |
2010-02-10 |
SADC |
Zimbabwe |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Cross border traders and exporters in general are not aware of the SADC FTA particularly the tariff reduction schedules. |
|
|
Resolution status note:
|
The 10th SADC meeting of the Sub Committtee on Trade Facilitation held on 14-15 June 2012 noted that tariff data is available on the SADC website for the benefit of stakeholders and that Member States have the responsibility to undertake sensitisation in their respective territories to create awareness. |
|
|
NTB-000-352 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2010-02-10 |
SADC |
Namibia |
Resolved
2011-11-10 |
View |
|
Complaint:
|
The cabotage law applied by SADC Member states contributes to high transport costs. The law does not allow an empty truck to carry back a load from a third country. For example, a South African truck dropping off a load in Namibia cannot pick up a load in Namibia destined for Botswana even though this truck is using trans Kalahari Highway linking the two countries |
|
|
Resolution status note:
|
SADC secretariat responded that : the customs term cabotage as stated in Specific Annex E, Chapter 3 of the revised Kyoto Convention, is applied for imported goods that have not been declared under the condition that they must be transported in a vessel other than the importing vessel in which they arrived in the Customs territory are loaded on board a vessel at a place in the Customs territory and are transported to another place in the same Customs territory where they are then unloaded and cleared. The term can also be used for the same purposes for air transportation (domestic flights).
Looking to the complaint technically, one of the SADC Secretariat key objectives is to reduce the costs of doing business in the region. However, some interventions of the Secretariat are bounded by its regional economic integration process. SADC is currently a FTA among its 11 Member States, enabling goods originating in Member States applying the FTA to enter duty free and quota free under certain conditions stated in the SADC Protocol on Trade. For this economic activity, economic operators are not obliged to be registered as economic operators in the countries were goods are delivered. A deeper regional economic integration would be needed in order to allow foreign economic operators to engage in business activities in Member States, benefiting from local business opportunities but also fiscal obligations. This is a level of economic integration closer to common market and which unfortunately, the SADC Protocol on Trade does not provide for. |
|
|
NTB-000-362 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Tanzania: Tanzania Revenue Authority |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
There are different offices for processing customs documents in Tanzania. There is need for one stop house fore.g. in Dar-es- salaam |
|
|
Resolution status note:
|
Tanzania Revenue Authority reported that all documentation for imports is centralized and is available and processed online. Allexports documents are processed at the borders. |
|
|
NTB-000-362 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Tanzania: Tanzania Revenue Authority |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
There are different offices for processing customs documents in Tanzania. There is need for one stop house fore.g. in Dar-es- salaam |
|
|
Resolution status note:
|
Tanzania reported that documentation procedures have been decentralized as a result of use of online lodging of documents and extended working hours at the custom's department, among other improvements. Tanzania Revenue Authority reported that all documentation for imports is available processed online. All exports documents are processed at the border. |
|
|
NTB-000-353 |
7.9. Inadequate trade related infrastructure |
2010-02-10 |
SADC |
Namibia |
Resolved
2016-10-07 |
View |
|
Complaint:
|
A truck legally loaded in Namibia may not be legally loaded in another SADC country due to lack of uniform loads and Gross Vehicle Mass (GVM) standards in SADC. There is need to standardize the axle loads |
|
|
Resolution status note:
|
FESARTA reported that this NTB was no longer in place |
|
|
NTB-000-370 |
2.7. International taxes and charges levied on imports and other tariff measures |
2010-02-10 |
Zimbabwe: Revenue Authority |
Zambia |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Traders of Plant materials, e.g., seeds are charged different rates by Zimbabwe at Victoria Falls Border post in Livingstone (US$20.00) from those charges by other countries e.g., South Africa (ZAR60.00) for each entry. |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that the current charge of US$10 on issuance of SPS certificates is competitive in the region. There are no harmonized charges for SPS certificates in the SADC region. |
|
|
NTB-000-358 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Democratic Republic of the Congo: Ministry of Trade |
Tanzania |
Resolved
2023-02-20 |
View |
|
Complaint:
|
The process of obtaining DRC Ogeframe certificate delays cargo at the port and increases costs. Procedure is too long as it involves exporter paying fees at Tanzania Revenue Authority in DAr es Salaam Office and then take the document for endorsement by DRC. This is applicable only to transit goods to DRC. |
|
|
Resolution status note:
|
Member States agreed to resolve on the strength that no complaints had been received . |
|
|
NTB-000-357 |
7.9. Inadequate trade related infrastructure |
2010-02-10 |
Tanzania: Ministry of Transport |
Tanzania |
Resolved
2011-08-28 |
View |
|
Complaint:
|
A transit point in Mbezi is too small. The ongoing Stakeholders meetings to resolve the issue are taking long to materialize. Trucks are held for as long as 2,5km long ques. |
|
|
Resolution status note:
|
Tanzania Revenue Authority reported that this transit point was closed in March 2010. |
|
|
NTB-000-356 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Tanzania: Tanzania Revenue Authority |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Customs officers arbitrarily verify goods in transit at various check points and break seals for 100% physical verification leading to delays, breakages for goods thinly packed in the container etc. Customs could communicate with the next customs point at the border for verification to avoid 100% verification along the way. In some instances, the verification would have taken place at the point of loading the goods. |
|
|
Resolution status note:
|
Tanzania Revenue Authority reported that there are only two check points in Misubusubu and at Makambako to check only the if truck abides by transit time and transit route. TRA does not break any seals. If any seal is tempered with transporter is supposed to notify TRA office, transit check point or the nearest police station. All transit check points are automated under asycuda so they can be monitored in the system. TRA is in the process of acquiring electronic cargo tracking system hence check points will go away. |
|
|
NTB-000-375 |
2.3. Issues related to the rules of origin |
2010-02-10 |
SADC |
Zimbabwe |
Resolved
2011-11-10 |
View |
|
Complaint:
|
There is lack of clarity and information on the authorities issuing and processing SADC certificates of origin in Member states. |
|
|
Resolution status note:
|
SADC secretariat reported that : as stated in rule 9 of the Annex I of the SADC Protocol on Trade, “Member States shall deposit with the Secretariat the names of Departments and Agencies authorized to issue the certificates required […], specimen signatures of officials authorized to sign the certificates and the impressions of the official stamps to be used for that purpose, and those shall be circulated to Member States by the Secretariat.” SADC Secretariat circulates all the documentary evidence to Member States immediately upon reception. Additionally, the SADC Customs Unit is working in a user-friendly customs related link in the SADC Secretariat’s website to accommodate not only issues related to documentary evidence for the process of SADC RoO, but also all the binding documentation that enhances trade in the Region. |
|
|
NTB-000-379 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2010-02-19 |
Democratic Republic of the Congo: Kasumbalesa |
Namibia |
Resolved
2016-10-07 |
View |
|
Complaint:
|
DRC is charging exorbitant fees which are not in line with SADC and COMESA harmonized fees.From 01/02/10 DRC did not reduce their tolls they instead greatly increases
them. Road tolls in DRC are about 15 ( 1500 % ) times greater than the SADC
recommended. Today a foreign transporter entering DRC at Kasumbalesa going to Tenke
Fungurume mine ( 300 kms each way ) is subject to the following tolls and
fees (distance of 300 kms into DRC and 300 kms out of DRC): Road toll Kasumbalesa/Lubumbashi return $ 300 ; Road tolls Lubumbashi/Likasi return $ 300; Road tolls Likasi/Tenke return $ 150 ; Government tax $ 50 ; Fumigation Fees $ 50 ; Card entry $ 15 ; Tourism/Vaccination fees $ 35 ; Visa for truck $ 25 ; Break bulk fees $ 20. Total cost to the transporter in Fees and Tolls is $ 945. That works out at $
157.5 per 100 kms. The SADC agreed is $ 10 per 100 kms. |
|
|
Resolution status note:
|
FESARTA reported that the NTB does not exist at present. |
|
|
NTB-000-413 |
7.9. Inadequate trade related infrastructure |
2010-03-31 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Crossborders buses are not allowed to cross over Kariba Bridge, which in turn will force a number of cross border traders to use Chirundu via Makuti which is expensive to the traders then(can the tonnage limit be reviewed by Zambezi River Authority and the Ministry of transport) |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that a eeting between Zimbabwe and Zambezi river Authority had agreed on th elifting of the ban. The ban has been lifted to allow cross border buses and small commercial transport of up to 11tonnes to use the bridge. |
|
|
Products:
|
0302.11: Fresh or chilled trout "Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster" |
|
|
NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved
2015-12-16 |
View |
|
Complaint:
|
Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
|
|
Resolution status note:
|
During the COMESA NTBs Focal Points meeting held in August 2016, Madagascar and Mauritius informed the meeting that this NTB had been resolved in line with the decision of the 28th COMESA Council of Ministers |
|
|
Products:
|
3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
|
|
NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved
2015-12-16 |
View |
|
Complaint:
|
Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
|
|
Resolution status note:
|
During the 27th COMESA TC Committee in August 2011, the COMESA Secretariat was directed to liaise with Madagascar to implement the Council decision taken at its 29th Meeting in Lusaka to provide justification for refusing the COMESA Certificate. Currently, Mopirove is exporting without difficulty . However an official decision is yet to be communicated to mauritius to avoid the risk that Madagascar Customs can refuse the COMESA Certificate of Origin from Mauritius |
|
|
Products:
|
3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
|
|
NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved
2015-12-16 |
View |
|
Complaint:
|
Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
|
|
Resolution status note:
|
The two parties agreed that the issue does not constitute an NTB because the soap exported by Mauritius to Madagascar enters duty free therefore its not a NTB. This matter is therefore resolved . Madagascar requested the Secretariat to organise . Mauritius confirmed that Exports are no longer subjects to verification on RoO. |
|
|
Products:
|
3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
|
|
NTB-000-437 |
8.8. Issues related to transit |
2010-05-12 |
EAC |
Kenya |
Resolved
2015-09-24 |
View |
|
Complaint:
|
Delays in transit bonds cancellation by EAC partner states |
|
|
Resolution status note:
|
Now with the introduction of the Single Customs Territory using a single bond from the port up to final destination, the issue has been addressed. |
|
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