Understanding Cross-Border Trade Rules & Trader Rights

• Many small traders don’t fully understand the trade rules and agreements that govern the movement of goods.
• Lack of knowledge about rights and obligations leads to overpayment of duties, harassment, or missed opportunities under EAC, COMESA, and AfCFTA.
• Traders who understand the legal framework are better equipped to demand fair treatment, plan compliant trade, and use mechanisms such as NTB reporting.

A World Bank study (2023) found that informal cross-border traders who understood basic trade rules were 50% more likely to formalise and increase their incomes.

1. Trade Agreements You Should Know

• East African Community (EAC) Customs Union & Common Market Protocol
  • Duty-free trade for goods meeting EAC Rules of Origin.
  • Free movement of services, capital, and people.
  • https://www.eac.int/customs
• Common Market for Eastern and Southern Africa (COMESA) FTA
  • 21 countries, preferential tariffs.
  • https://www.comesa.int
• African Continental Free Trade Area (AfCFTA)
  • Largest free trade area globally; phased tariff reduction.
  • Digital trade, women & youth protocols.
  • https://trade.africa
• WTO Trade Facilitation Agreement (TFA)
  • Simplified customs procedures and the right to information.
  • https://www.tfafacility.org

2. Trader Rights at the Border

• Clear, non-discriminatory treatment regardless of gender or trader size.
• Transparent fees and duties with receipts.
• Right to simplified documentation under the Simplified Trade Regime (STR).
• Access to information on tariffs and procedures.
• Right to report unfair treatment or NTBs through national desks or portals.

3. Key National Trade Regulations

• Each EAC state has customs and trade laws:
  • Kenya: EAC Customs Management Act + KRA guidelines https://www.kra.go.ke
  • Tanzania: Tanzania Customs Act https://www.tra.go.tz
  • Uganda: URA Customs & Excise https://ura.go.ug
  • Always check the Ministry of Trade websites for current rules.

4. Using the Simplified Trade Regime (STR)

• Applies to goods ≤ USD 2,000 and on STR Common List.
• Requires a Simplified Certificate of Origin (SCO).
• Faster clearance, fewer forms, lower duties.
• EAC STR info

5. How to Protect Your Rights

• Keep tariff proof (screenshots or printouts).
• Request legal justification for new fees.
• Use NTB portals:
  • EAC: https://www.tradebarriers.org
  • AfCFTA: https://tradebarriers.africa
• Join Trader Associations or NTFC meetings.
• Report gender discrimination to Gender Desks at OSBPs.

6. Practical Scenarios

• If an officer demands an extra document, ask for a written legal basis.
• If wrongly charged the whole duty: show the SCO & tariff schedule.
• If harassed: report to TIDO, NTFC, or online NTB mechanism.

Trader Rights Quick Card

✅	Right
Transparent fees & duties — ask for a receipt
Use STR if value ≤ USD 2,000
Access to customs tariff info
Report NTBs online or to border desks
Equal treatment regardless of gender
Appeal misclassification/valuation

Mini Legal Resource Pack

• Links to EAC Customs Management Act (PDF).
• Contact list of NTFC focal points.
• Direct links to STR lists.

🔗 Key Resources & Links

• EAC Customs & STR Info: https://www.eac.int/customs
• AfCFTA Trade Portal: https://trade.africa
• NTB Reporting – EAC: https://www.tradebarriers.org
• NTB Reporting – AfCFTA: https://tradebarriers.africa
• COMESA Trade Info: https://www.comesa.int
• WTO TFA: https://www.tfafacility.org
• Kenya KRA: https://www.kra.go.ke
• Tanzania TRA: https://www.tra.go.tz
• Uganda URA: https://ura.go.ug