WORLD TRADE
ORGANIZATIONG/LIC/N/3/KEN/2
3 April 2003
(03-1863)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
Notification under Article 7.3 of the
Agreement on Import Licensing Procedures1
KENYA
The following communication, dated 3 April 2003, has been received from the Permanent
Mission of Kenya.
_______________
Outline of system
1. The import licensing system is regulated by the Import, Export and Essential Supplies Act
Cap. 502 together with a host of other administrative legislation depending on the product.  The
principal import licensing document is the Import Declaration Form (IDF) which is a self-declaration
by the importer of goods intended to be imported into Kenya.  The IDF is issued by commercial banks
on behalf of the Government and is administered  in accordance with the Customs and Excise Act.
The importer has to approach more than one administrative organ depending on the nature of the
products intended for importation.
Purposes and coverage of licensing
2. The purpose of licensing is to ensure public safety, sanitary and phytosanitary measures and
protection of the environment.
Licensing coverage is as listed in the Schedule below:
(i) Part A of the Schedule contains goods which are prohibited absolutely.
(ii) Part B of the Schedule contains goods which are restricted subject to the importer obtaining
approval from the relevant authorities.
(iii) Part C of the Schedule contains goods which must meet technical, phytosanitary, health and
environmental standards on their arrival.
Goods which do not fall under these Schedules may be imported freely.  All imports into
Kenya with an FOB value in excess of US$1,000 are subject to preshipment inspection unless listed
on the exemption list as shown below:
-  Goods destined to approved duty free stores
-  Goods destined to approved Export Processing Zone (EPZA) enterprises
                                                     
1 See document G/LIC/3, Annex, for the Questionnaire.G/LIC/N/3/KEN/2
Page 2
-  Goods destined to approved Manuf acturing Under Bond (MUB) enterprises
-  Accompanied or unaccompanied used personal effects
-  Ammunition, weapons or implements of war imported by the Government
-  Current newspaper and periodicals (daily and weekly)
-  Household and personal effects including mo tor vehicles provided such motor vehicles
qualify for exempt entry under items 8(3) or 8(4) of the Third Schedule to the Customs and
Excise Act
-  Post parcels, excluding goods imported for trade
-  Personal gifts sent by foreign residents to their relatives in Kenya for their personal use but
excluding motor vehicles
-  Gifts and supplies for use by diplomatic and consular missions and to United Nations
Organisations
NB:  The Ministry responsible for Finance can from time to time amend this list or Schedule
and publish the same in a legal Gazette Notice in accordance with the Customs and Excise Act.
All importers are required to fill Import Declaration Forms (IDF) for all imports except for
items falling under the exemption list.  IDF is for import surveillance purposes.
3. The system applies to imports of goods originating in and coming from all countries.4. Automatic import licensing is for management/statistical purposes while non-automatic
import licensing is for the purpose of administering import restrictions maintained pursuant to Legal
Notice No. 135 of 14 May 1993.
5. The licensing system is a statutory requirement regulated by the Import, Export and Essential
Supplies Act.  Authority exists to suspend the system whenever it is determined that such action isappropriate.  Notice of such action is published in the Government Gazette.
Procedures
6. Kenya has a list of both restricted and prohibited items, the list is as follows:List of Prohibited Imports – Schedule Part A
Tariff No. Description
0506.10.00 Ossein and other bones treated with acid
0506.90.00 Other bones and horn-cores, unworked, defatted, simply prepared (not cut to shape),
degelatinized, powder and waste of these products
0507.10.10 Ivory, elephant, unworked or si mply prepared but not to shape
0507.10.20 Teeth, hippopotamus, unworked or simply prepared but not cut to shape
0507.10.30 Horn, rhinoceros, unworked or simply prepared but not cut to shape
0507.10.40 Other ivory, unworked or simply prepared but not cut to shape
0507.10.90 Ivory powder and waste0507.90.90 Tortoise-shell, whale and whalebone hair , horns, antlers, hooves, nails, claws and
beaks
0508.00.00 Coral and similar material, unmarked or simply prepared but otherwise worked;
shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply
prepared but not cut to shape;  powder and waste thereof
0509.00.00 Natural sponges of animal origin
2844.50.00 Spent (irradiated) fuel elements (cartridges) of nuclear reactors
9601.10.00 Worked ivory and articles of ivoryG/LIC/N/3/KEN/2
Page 3
9601.90.00 Bone, tortoise-shell, horn, antler, coral, mother-of-pearl and other animal carving
material, and articles of these materials (including articles obtained by moulding)
All other toxic chemical wastes
List of Restricted Imports – Schedule Part B (Subject to Prior Approval)
Approval for the importation of restricted goods is obtained from customs and the relevant Ministry.
Tariff No. Description
3601.00.00 Propellant powders
3602.00.00 Prepared explosive, other than propellant powders
3603.00.10 Safety fuses;  detonating fuse3603.00.90 Percussion or detonating caps, igniters, electric detonators
3604.10.00 Fireworks
3604.90.10 Very (high) flares and railway signals
3604.90.20 Rain and anti-hail rocks and bombs;  distress and life saving rockets
3604.90.90 Other pyrotechnic articles8401.10.00 Nuclear reactors
8401.30.00 Fuel elements (cartridges), non-irradiated
8401.40.00 Parts and nuclear reactors
8710.00.00 Tanks and other armoured fighting vehicl es, motorized, whether or not fitted with
weapons, and parts of such vehicles
8906.00.10 Warships
9301.00.00 Military weapons, other than those of heading No. 93.07
9302.00.00 Revolvers and pistols, other than those of heading No. 93.03 or 93.04
9303.10.00 Muzzle-loading firearms
9303.20.00 Other sporting, hunting or target-shoot ing shotguns, including combination
shotgun-rifles
9303.30.00 Other sporting, hunting or target-shooting rifles
9303.90.00 Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding
those of heading No. 93.07
9305.10.00 Parts of revolvers or rifles
9305.21.00 Shotgun barrels
9305.29.00 Other parts of shotguns or rifles9305.90.00 Other parts of firearms other than revolvers, pistols, shotguns or rifles
9306.10.00 Cartridges for riveting or similar tool s or for captive-bolt humane killers and parts
thereof
9306.21.00 Cartridges
9306.29.00 Parts of shotgun cartridges or air gun pellets
For products under restriction:
I. Information on the products is published in the Government Gazette which is available for
purchase from the Government Printers to any interested person.  There are no restrictions onquantity or value of imports.
II. No quotas are imposed on imports.III. No import licence is issued.  All importers complete Import Declaration Forms (IDF).  These
IDFs are freely available to importers from preshipment inspection companies and
commercial banks.  Where goods are restricted, the IDF forms must be approved by the
appropriate Government Department before goods are imported.G/LIC/N/3/KEN/2
Page 4
IV-VI. Not applicable.
VII. The importer has to approach more than one administrative organ depending on the nature of
the products he or she intends to bring into the country.
VIII. Not applicable.
IX. There are no bilateral quotas or export restraint arrangements.X. Export permits from exporting country are not required.XI. Products made under Manufacturing Under Bo nd (MUB) and Export Processing Zone (EPZ)
arrangements require that such goods be for export only, and if they have to enter the local
market, appropriate duties must be paid.
7. There is no quantitative limit on importation of a product or imports from a particular country.
(a)-(b) Not applicable.
(c) There are no limitations as to the period of the year during which application for licence
and/or importation may be made.
(d) An importer may be required to approach more than one administrative organ in connection
with an application, depending on the product intended for importation.
8. None.  The reason for any refusal is given to the applicant in writing.
Eligibility of importers to apply for licence
9. All persons, firms and institutions desiring to import are eligible to apply for a licence.
Documentational and other requirements for application for licence
10. Licence applications are not required.  An importer is required to complete Import
Declaration Forms (IDFs) in accordance with the Customs and Excise Act together with a copy of the
proforma invoice or contract or letter of credit, and PIN number from the income tax.
11. Upon actual importation, an importer is issued with a CRF certificate by a preshipment
inspection agent for use by the customs authority.
12. There is no licensing fee (IDF) but a 2.75 per cent Government processing fee, calculated
based on the value of goods, is payable to customs when clearing goods upon arrival in Kenya.
13. There is no deposit or advance payment requirement associated with the issuance of licences
(IDF).
Conditions of licensing
14. There is no validity period for a licence.  The IDFs which form the principal documents of
importation are valid indefinitely.  If unutilized IDFs remain a mere piece of paper.
15. In view of reply 14, there is no penalty for non-utilization.G/LIC/N/3/KEN/2
Page 5
16. Licences (IDFs) are not transferable between importers, because different importers have
different PIN numbers.
17.(a) Yes.  For prohibited goods and those that require prior approval by the Government.
(b) No.
Other procedural requirements
18. Importers may register under the Registrar of Business Names Act Cap. 499, or the
Partnership Act Cap. 29/30 (Unlimited Partners hip Cap. 29 Partnership Cap. 30) Company Act,
Cap. 486.
An import licence (referred to as Miscellaneous Occupation Licence) under the Trade
Licensing Act, Cap. 497, is required.  This licence is issued on the spot and free of charge.  It is used
for surveillance and statistical reasons.
Importers must apply for Customs Computer Code used for import tracking.
19. Foreign exchange is automatically provided by the banks.  No foreign exchange application is
required.  Foreign exchange is purchased in the open market by importers.  Foreign exchange is
allocated to importers by banks through the normal banking procedures and formalities.
__________