Course Description

Non-tariff measures (NTMs) represent a major challenge for exporters, importers and policymakers. Although many NTMs have primarily non-trade objectives, such as the protection of public health or the environment, they may affect trade and can unintentionally become discriminatory against smaller exporters and poorer countries. It is therefore important for developing countries to understand the use of NTMs and their implications for the formulation and implementation of effective development strategies.

The EAC Elimination of NTBs Act 2015 provides a legal framework for the removal of NTBs (or restrictions) that make trade, both within and outside the EAC difficult or costly, and a mechanism for identifying and monitoring their removal—the most prevalent ones being the prolonged clearance procedures; delays at the ports of entry/exit; delays at weighbridges and numerous roadblocks; delays in the ferrying of cargo by transit vehicles; non-recognition of EAC Certificates of Origin and quality marks issued by EAC Bureaux of Standards; and retesting of products, among others. Part VI of the AfCFTA Protocol on Trade in Goods, and the related Annexes, deals with two areas of standards that constitute non-tariff barriers: Technical barriers to trade (Article 14 and Annex 6); and Sanitary and phytosanitary measures (Article 15 and Annex 7). The AfCFTA Online Mechanism for Reporting, Monitoring and Elimination of NTBs provides a facility for online reporting of identified non-tariff barriers (NTBs) including for reporting via SMS. Reported NTBs and the status of their resolution can be accessed on the public domain. NTB notifications will be received by the focal points of the reporting country, the responding country and the AfCFTA Secretariat for processing.

Annex 6 of AfCFTA Protocol on Trade in Goods on technical barriers to trade (TBTs) adopts the WTO definition, incorporating standardization, technical regulations, conformity assessment procedures, accreditation, and metrology (Article 2(2)), making the WTO TBT Agreement the basis for the Annex 6 (Article 3(1)), meaning that AfCFTA Member States that are non-WTO Members have adopted the WTO TBT Agreement by default.

Course Objectives

Through the course, audience will be able to understand

• what NTMs are and why they are important, 
• the classification of non-tariff measures(NTMs)
• product classification
• the effects of NTMs