International Standards

As Kenya seeks to regain its position as an economic giant in Eastern and Southern Africa, the Government has introduced a number of policies aimed at supporting the vision for a dynamic export-led economy. These initiatives include the publication of a National Export Strategy to consolidate export promotion and development efforts and an increasingly visible presence in international discussions on trade facilitation. 

EXPORT LICENSE

Export licenses are generally not required except in cases touching on public and food security; conservation of wildlife and natural resources and preservation of national heritage. The export licenses are issued by the Department of Internal Trade on production of authority or permit from the relevant government agency. Products requiring export licenses include military equipment, antiquities and works of art, wood-charcoal and timber, products related to endangered species such as rhino horns, and live animals other than livestock and domestic pets. 

Some products require special permits and certificates before they can be imported or exported. The following are a few examples: 

1. Plants and plant products (Plant Import Permit from KEPHIS. Phytosanitary Certificate from a competent authority in the exporting country); 

2. Drugs and Pharmaceuticals (Import permit from Pharmacy and Poisons Board);

3. Live animals (Veterinary Import Permit from the Department of Veterinary Services, Ministry of Livestock and Fisheries Development, Health Clearance Certificate); 

4. Used motor vehicles (Certificate of Roadworthiness);

5. Fish (Processing licence, Fish movement permit, Certificate of compliance with KEBS for fish handling and processing, Export permit, Health certificate); 

6. Plant and plant products (Phytosanitary Certificate);

7. Horticultural products require the following additional certificates and permits (Export permit from Horticultural Crops Development Authority (HCDA), Compliance with traceability of produce, hygiene, maximum residue level (MRL), good agricultural practices (GAP) and proper post harvest handling procedures)

8. Mineral based products (Permit from the Commissioner of Mines and Geology). 

CERTIFICATE OF ORIGIN

Certificates of origin are issued by the Customs Services Department of KRA depending on the export destination. This certificate indicates the origin of the goods so that they can enjoy preferential treatment on entry into the export market, depending on the trade arrangement between Kenya and the importing country. 

SALES CONTRACT

In international trade, buyers and sellers are located in different countries, may speak different languages and have different laws. A sales contract is necessary to set out the terms of the sales transaction and guard against misunderstandings that could be costly to business. A sales contract must include the following information: 

1. The parties involved i.e. the buyer and seller are identified;

2. The description of the goods being sold; 

3. The quantity of the goods e.g. kilogrammes, litres; 

4. The price of the goods in the agreed currency; 

5. The delivery terms; 

6. The payment terms. 

Other information that could be included is: 

1. The duration of the contract;

2. The obligations of the seller and buyer; 

3. Dispute settlement procedures; 

4. Definitions and interpretations within the context of the contract.

IMPORT DOCUMENTS

In addition to Certificate of origin, Export License and Sales contract, a typical import clearing transaction requires the following documents: 

1. Supplier’s invoice

 Your supplier will provide you with the invoice for the goods sold to you. The invoice provides the details of the goods such as description of the goods, price and quantity. 

2. Packing list

Provides the details of the contents of a particular package. Also provided by the supplier. 

3. Bill of lading / airway bill

Document evidencing a contract of carriage of goods between a shipper and a carrier of goods (ship or airline). The supplier will send the document to you after s/he has passed the goods onto the carrier for shipping and they have acknowledged receipt. 

4. Import Declaration Form (IDF Form C-61)

Issued by the KRA Customs Services offices and is required for all imports. You will need to pay a processing fee of Kshs 5,000 minimum or 2.75 percent of the CIF value. The IDF is completed by the clearing agent who enters information such as the importer’s and exporter’s names and contacts, invoice details, description and quantity of the goods. Chapter 5 IMPORTING INTO KENYA 73 

5. Declaration of customs value (Form C- 52)

Issued by the Customs Services Department. As an importer, you are required to complete it and sign it to show that you have declared the true and accurate value of the imported goods. 

6. Certificates of compliance

Processed as required by the different authorities such as KEBS and KEPHIS. Examples include certificate of conformity, certificate of analysis and phytosanitary certificate. These are issued by the competent authorities in the supplier’s country after inspecting the goods. The supplier will then send you the relevant certificate to show that the goods comply with the local requirements. 

7. Release Order

Issued by the port authority. This document allows the goods to be released to you or to your agent’s custody after verification and payment of the storage and other charges that may have accrued. 

LABELING REQUIREMENTS

Food products imported into Iran must be labelled in English or Swahili and display the following information for consumers:

- name and brand of the product (both generic and trade);

- registration number;

- name and address of the manufacturer;

- name and address of the importer;

- date of manufacturing and expiry;

- net weight and volume;

- any additives used;

- health and nutritional claims (if any).

Labels for alcoholic beverages must display the percentage of alcohol content. There must also be a health warning, printed in English, on the label or on a sticker, with specific government-approved wording.

Regulations also govern the labeling on cosmetic products. Generally a local agent or importer can help to register a product and ensure labeling requirements are met.

CONTACTS

Kenya Bureau of Standards 

Popo Road, Off Mombasa Road, Nairobi South C 

P.O. Box 54974-00200, Nairobi, Kenya 

Tel: +254 (20) 6948-800, +254-722 202 137/8, +254-734 600 471/2

Fax: +254 (20) 6004-031 

Contact: Charles Ongwae, Managing Director 

Email: info@kebs.org   

Website: www.kebs.org