WT/REG417/1  
 
14 July 2022 
(22-5303) Page: 1/32 
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION  
ECONOMIC PARTNERSHIP AGREEMENT BETWEEN KENYA AND THE UNITED KINGDOM  
(GOOD S) 
Report by the Secretariat  
This report  prepared for the consideration of the  Economic Partnership Agreement 
between Kenya and the United Kingdom  has been drawn up by the WTO Secretariat on 
its own responsibility and in full consultation with the Parties. The factual presentation 
reproduces as closely as possible the terminology use d in the Agreement and in the 
comments provided and does not imply official endorsement or acceptance by the 
Secretariat of such terminology. The report has been drawn up in accordance with the 
rules and procedures contained in the Decision for a Transpare ncy Mechanism for 
Regional Trade Agreements (WT/L/671) and thus does not imply any value judgement 
by the Secretariat regarding the contents of the Agreement.  
Any technical questions arising from this report may be addressed to Rohini Acharya  
(tel: +41 22 7395874). Any statistical questions arising from this report may be 
addressed to Rowena Cabos (tel: +41 22 739 5185).   WT/REG417/1  
 
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  Table o f Contents  
Page 
1   TRADE ENVIRONMENT  ................................ ................................ ................................ . 4 
1.1   Merchandise trade ................................ ................................ ................................ ....... 4 
2   CHARACTERISTIC ELEMENTS OF THE AGREEMENT  ................................ ......................  6 
2.1   Background information  ................................ ................................ ...............................  6 
3   PROVISIONS ON TRADE IN GOODS  ................................ ................................ .............  8 
3.1   Import duties and charges, and quantitative restrictions ................................ ...................  8 
3.1.1    General provisions  ................................ ................................ ................................ .... 8 
3.1.2    Liberalization of trade and tariff lines  ................................ ................................ ..........  9 
3.1.3    Liberalization schedule  ................................ ................................ ............................  10 
3.1.3.1    The United Kingdom  ................................ ................................ .............................  10 
3.1.3.2    Kenya  ................................ ................................ ................................ .................  11 
3.1.4    Tariff rate quotas  ................................ ................................ ................................ .... 13 
3.2   Rules of origin  ................................ ................................ ................................ ...........  13 
3.3   Export duties and charges, and quantitative restrictions  ................................ .................  16 
3.4   Regulatory provisions of the agreement  ................................ ................................ ....... 16 
3.4.1    Standards  ................................ ................................ ................................ ..............  16 
3.4.1.1   Sanitary and phytosanitary measures  ................................ ................................ ..... 16 
3.4.1.2    Technical barriers to trade  ................................ ................................ ....................  17 
3.4.2    Safeguard mechanisms  ................................ ................................ ...........................  17 
3.4.2.1    Multilateral safeguards ................................ ................................ ..........................  17 
3.4.2.2    Bilateral safeguards  ................................ ................................ ..............................  17 
3.4.2.3    Balance of payment safeguards  ................................ ................................ .............  18 
3.4.3    Anti-dumping and countervailing measures  ................................ ................................  18 
3.4.4    Subsidies and State -aid ................................ ................................ ...........................  19 
3.4.5    Customs-related procedures ................................ ................................ .....................  19 
3.4.6    Other regulations  ................................ ................................ ................................ .... 20 
3.5   Sector -Specific Provisions of the Agreement  ................................ ................................ . 20 
3.5.1    Agriculture  ................................ ................................ ................................ .............  20 
3.5.2    Fisheries  ................................ ................................ ................................ ................  21 
4   GENERAL PROVISIONS OF THE AGREEMENT  ................................ .............................  21 
4.1   Transparency  ................................ ................................ ................................ ............  21 
4.2   Current payments and capital movements  ................................ ................................ .... 22 
4.3   Exceptions  ................................ ................................ ................................ ................  22 
4.3.1    General and security exceptions  ................................ ................................ ...............  22 
4.3.2    Taxation  ................................ ................................ ................................ ................  22 
4.4   Accession and withdrawal  ................................ ................................ ...........................  22 
4.5   Institutional framework  ................................ ................................ ..............................  22 
4.6   Dispute settlement  ................................ ................................ ................................ .... 23 
4.7   Relationship with other agreements con cluded by the parties  ................................ ..........  24 WT/REG417/1  
 
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  4.8   Government procurement  ................................ ................................ ...........................  26 
4.9   Intellectual property rights  ................................ ................................ .........................  26 
4.10   Environment  ................................ ................................ ................................ ...........  26 
4.11   Labour ................................ ................................ ................................ ...................  26 
4.12   Electronic commerce  ................................ ................................ ................................  27 
4.13   Small and medium -sized enterprises  ................................ ................................ ..........  27 
4.14   Other  ................................ ................................ ................................ .....................  27 
4.14.1    Cooperation  ................................ ................................ ................................ .........  27 
ANNEX 1  ................................ ................................ ................................ ........................  29 
 
  WT/REG417/1  
 
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Key Facts  
 
Parties to the Agreement:  Kenya  and the United Kingdom  
 
Date of Signature:    8 December  2020 
 
Date of Entry into Force:  1 January 2021  (provisional 
application on the basis of a 
Memorandum of Understanding )  
 22 March 2021  (entry into force of 
the Agreement ) 
 
Date of Notification:   31 December 2020  
 
Full implementation:   2046  
 
 
1  TRADE ENVIRONMENT  
The Economic Partnership Agreement between the Republic of Kenya, a Member of the East 
African Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, 
of the other part, (hereafter the Agreement) is the 3rd regional trade agreement (RTA) in force 
involving Kenya and one of the 37  RTAs in force involving the United Kingdom notified to the WTO.  
1.1  Merchandise trade  
The UK and Kenya differ substantially in their participation in world trade. In 2020, the UK was 
the 1 2th largest exporter and the 5th largest importer of merchandise in the world (respectively 
2.30% of world total exports and 3.56% of world total imports).1 Its total merchandise exports 
amounted to USD 403.9 billion , its total merchandise imports to USD 632.6 billion and trade 
represented 31.2% of its GDP valued at  USD 2.71 trillion .2 By comparison, in the same year, Kenya 
ranked 103rd in terms of global exports and 81st in terms of global imports (respectively 0.03% of 
world e xports and 0.09% of world imports).3 In 2020, trade accounted for 15.6% in Kenya's GDP of 
USD 99.29 billion with total merchandise exports amounting  to USD 6.02 billion and total 
merchandise imports to USD  15.40  billion.4  
At the bilateral level, in 2020 , the UK was Kenya's 13th largest source of imports (1.77% of 
Kenya's total imports) and 4th largest destination for exports (7.79% of Kenya's total exports).5 
Kenya on the other hand is a relatively small provider and buyer of goods for the UK. In 2020, it 
accounted for 0.1% of the UK's total imports and exports, and was its 47th largest import and 50th 
largest  export partner.6 
Chart 1.1 summarizes the trends in global trade of the Parties as well as their bilateral trade 
relations for the period 2018 -2020.  Both Parties recorded a trade deficit with the world . The UK's 
global trade deficit rose from USD 185.8 billion in 2018 to USD 227 billion in 2019 and USD 228.7 
billion in 2020 whereas Kenya's global trade deficit decreased to USD 9.3 8 billion in 2020 after 
reaching USD  11.33  billion in 2018 and USD 11.37 billion in 2019.  At the bilateral level, the UK had 
a trade deficit with Kenya which fluctuated between  2018-2020 and doubled over the period.  
 
1 Ranks in world trade and shares in world trade are based on WTO Trade Profiles (2021).  
2 Based on data provided by the UK authorities and WTO Trade Profiles (2021).  
3 WTO Trade Profiles (2021).  
4 Based on WTO Trade Profil es (2021) and data provided by UNSD Comtrade database.  
5 Data from UNSD Comtrade database  excluding intra -EU trade . 
6 Data provided by the UK excluding intra -EU trade . WT/REG417/1  
 
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  Chart 1.1 United Kingdom -Kenya:  Merchandise bilateral  trade and with world 
(2018 -2020)  
 
Source:  Based on data provided by the UK authorities and UNSD, Comtrade database.  
The commodity structure of trade between the Parties, as well as of their global trade in the 
period 2018 -2020, is shown in Chart 1.2 on the basis of Harmonized System (HS) sections. The data 
suggests that there are complementarities in trade between the Parties.  During 2018 -2020, t he main 
products imported by the UK from Ke nya were vegetable products (78% of its imports from Kenya), 
which form Kenya's largest  global  export categories (45% of its global exports). During the same 
period , machinery, chemicals and vehicles which, apart from minerals, were Kenya's main global 
imports (37.5% of its global imports) were also Kenya's top three imports from the UK (55.9% of 
its imports from the UK) and the UK's main global export categories.   
WT/REG417/1  
 
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  Chart 1.2 United Kingdom -Kenya:  Product composition of merchandise trade by HS 
Section, annual average (2018 -2020)  
 
Source:  Based on data provided by the Parties and UNSD, Comtrade database.  
2  CHARACTERISTIC ELEMENTS OF THE AGREEMENT  
2.1  Background information  
The Agreement  replicates  the Economic Pa rtnership Agreement between the East African 
Community Partner States and the European Union (the EAC -EU EPA) with minor changes to 
accommodate the new bi -lateral context following the  UK's departure from the EU . The Agreement 
is regional in scope as it is intended to be an agreement with the entire EAC membership, however 
Kenya is currently the only EAC signatory.  Note the EU -EAC agreement is not currently in force.  The 
UK and Kenya signed on 8 December 2020  and notified to the WTO on 31 December 2020 under 
Article  XXIV:7(a) of GATT 1994 . The Agreement was implemented from 1 January 2021 on the basis 
of a Memorandum of Understanding and, following completion of domestic procedures for 
ratification, it entered  into force on 22 March 2021 .7 Due to its regional scope the Agreement mainly 
refers to Kenya as the "EAC Partner State(s)" . For the purpose of this factual presentation,  and 
following the terminology used in the Agreement,  "Kenya" and the "EAC Partner St ate(s)" are used 
interchangeably.  
 
7 WT/REG417/N/1 and WT/REG417/N/1/Add.1 . 
7811325UK's imports from Kenya (%)
21
12
12
9855522UK's Global Imports (%)
45
1298720Kenya's Global Exports (%)
19
19
18121220Kenya's imports from UK (%)
19
17
11
10966518Kenya's Global Imports (%)21
15
14109527UK's Global Exports (%)
Total: USD 477 million Total: USD 667 billion
Total: USD 17 billionTotal: USD 453 billion
Total:  USD 6.0 billionTotal: USD 300 million
MineralsPrepared foodsVegetables
Plastics and articles, 
thereofWood pulpChemicals
Base metalsPrecious stonesTextiles
VehiclesMachinery
MiscellaneousOtherWT/REG417/1  
 
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The text of the Agreement, together with its annexes, is available on the Parties'  official 
website s: 
Kenya:   
Signed_Kenya_UK_EPA_Main_Text.pdf (trade.go.ke) ;  
Kenya _UK_EPA_Annex_1_2_an d_3.pdf (trade.go.ke) ;  
EPA extract - Annex II.pdf (trade.go.ke)  
The United Kingdom: CP 339 – Economic Partnership Agreement between the United Kingdom of 
Great Britain and Northern Ireland, of the one part, and the Repu blic of Kenya, a Member of the 
East African Community, of the other part (publishing.service.gov.uk)  
The Agreement consists of nine Parts divided into  Titles and Chapters, and 146 Articles . It 
includes three  Annexes and two Protocols  that form part of the Agreement (Box 2.1).  
Box 2 .1 Structure of the Agreement  
Part I  General provisions  
Part II  Trade in goods  
Title I  Customs duties and free movement of goods  
Title II  Non-tariff measures  
Title III  Customs cooperation and trade facilitation  
Title IV Sanitary and phytosanitary measures  
Title V Standards, technical regulations and conformity assessment  
Title VI Trade defence measure s 
Part III  Fisheries  
Title I General provisions  
Title II  Marine fisheries  
Title III  Inland fisheries and aquaculture development  
Part IV  Agriculture  
Part V  Economic and development c ooperation  
Title I   Infrastructure  
Title II  Agriculture  
Title III Private sector development  
Title IV  Fisheries  
Title V  Water and environment  
Title VI  Sanitary and phytosanitary measures  
Title VII  Technical barriers to trade  
Title VIII Customs and trade facilitation  
Title IX EPA adjustment measures  
Title X  Resource mobili sation 
Part VI  Institutional provisions  
Part VII Dispute avoidance and settlement  
Title I  Dispute avoidance  
Title II  Dispute settlement  
Title III  Common provisions  
Part VIII General exceptions  WT/REG417/1  
 
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  Part IX  General and final provisions  
Annexes   
Annex I  Customs duties on products originating in the EAC Partner State(s)  
Annex  II Customs duties on products originating in the UK  
Annex III  Joint statement of the Parties on the objectives and essential and fundamental elements of 
this Agreement  
Protocols   
Protocol 1 Concerning the definition of the concept of "originating products" and the methods of 
administrative cooperation  
Protocol 2 On mutual administrative assistance in customs matters  
Source:  WTO Secretariat, based on the Agreement.  
The Agreement aims to inter alia  contribute to economic growth and development through a 
strengthened trade and development partnership; promote regional integration, economic 
cooperation and good governance in the EAC; promote the gradual integ ration of the EAC into the 
world economy according to its political choices and development priorities; foster the structural 
transformation of the EAC economies and their diversification and competitiveness by enhancing 
their production supply and trading  capacity; improve EAC capacity in trade policy and trade -related 
issues; establish and implement an effective, predictable and transparent regional regulatory 
framework for trade and investment in the EAC Partner State(s); and strengthen existing relation s 
between the Parties on the basis of solidarity and mutual interest. It aims to establish an agreement 
consistent with Article XXIV of the GATT 1994; facilitate continuation of trade by the EAC Partner 
State(s)  through economic and trade cooperation; and establish the framework and scope for 
potential negotiations including for trade in services, trade related issues and other areas of interest 
to the Parties.  
The Agreement aims to strengthen integration in the EAC; ensure asymmetry in favour of the 
EAC Pa rty State(s) in trade liberalization and the application of trade related measures and trade 
defence measures; allows the EAC Partner State(s) to maintain regional preferences with other 
African countries and regions without having to extend them to the UK ; and contribute to enhance 
the production, supply and trading capacities of the EAC Partner State(s) (Article 2).   
3  PROVISIONS ON TRADE IN GOODS  
Trade in goods between the Parties is governed by Part II of the Agreement. The objectives 
are to provide full duty -free and quota -free market access for goods originating in the EAC Partner 
State(s)  into the  UK market, to liberali ze progressively and grad ually the EAC Partner State(s)'  
markets for goods originating from the UK and to preserve and improve market access conditions 
to ensure that the EAC Partner State(s)  fully benefits from the Agreement (Article 5).  
3.1  Import duties and charges, and quantitati ve restrictions  
3.1.1   General provisions  
According to Article 10 , products originating in the EAC Partner State(s)  are imported free of 
customs duties8 into the UK  under the conditions set out in Annex I .9 Article 11  stipulates that 
products originating in the  UK are imported into the EAC Partner State(s)  under the conditions set 
 
8 Pursuant to Article 6 of the Agreement, a customs duty refers to any duty or charge of any kind 
imposed on or in connection with the importation of goods, including any form of surtax or surcharge, but does 
not include charges equivalent to internal taxes  levied in accordance with Article 20 (National treatment on 
internal taxation and regulation), measures applied in accordance with Title VI (Trade defence), and fees or 
other charges imposed in accordance with Article 8 (Fees and other charges).  
9 Under A nnex I the UK eliminates tariffs on all imports from the EAC Partner State(s) falling under HS 
Chapters 1 -97, except for Chapter 93. Special conditions for the import of sugar (under HS 1703) from a least 
developed member of the EAC are also provided for.  WT/REG417/1  
 
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  out in the schedule of tariff liberalisation in Annex II .10 A transition of 2 5 years is provided for the 
EAC Partner State(s) to implement their liberalization commitments under the Agreement.  
The Agreement includes a standstill clause (Article 12) whereby the Parties agree not to 
increase their applied customs duties, except when trade defence measures are adopted under  
Articles 48 -50. In view of  a wider African regional integration, the Parties may  modify , in the EPA 
Council,  the level of customs duties stipulated in Annex II for UK products import ed into the EAC 
Partner State(s) , consistently  with Article XXIV  of GATT 1994.  
Customs duties are imposed once for goods originating in one Party imported into the other 
Party. Any duty paid upon importation into an EAC Partner State will be refunded fully when  the 
goods leave the EAC Partner State where first imported  for another EAC Partner State. The duty is 
to be paid in the EAC Partner State  where the goods are consumed (Article 13) . 
Article 15 provides for a n MFN clause  if the Parties become party  to a free trade agreement 
(FTA)11 after the signature of the Agreement . If the UK becom es party to an FTA with a third part y, 
it shall grant to the EAC Partner State(s)  any more favourable treatment resulting from it. If the EAC 
Partner State(s)  becomes party to a n FTA, it  has the same ob ligation  with respect to the UK , only if 
the third party is a "major trading economy".12 If the UK can demonstrate than it has been given 
less favourable treatment than that extended by the EAC Partner State(s)  to a major trading 
economy, the Parties shall consult and decide how best to implement these MFN provisions.  
However, the se provisions do not  oblige the Parties to extend reciprocally any preferential treatment 
applicable as a result of one of them  being party to a FTA with third parties on the date of signature 
of the Agreement.  Moreover , they do not apply to FTAs between the EAC Partner State(s)  and 
countries of the ACP Group, or other African countries and regions.  The Parties also agree to grant 
national treatment on internal taxation and regulation based on the provisions of Article 20 , which 
is largely inspired by Article  III of GATT 1994.  
Pursuant to A rticle 19 , all prohibitions or restrictions on the importation  between the Par ties, 
other than customs duties, taxes, fees and other charges provided for under Article 6, whether made 
effective through quotas, licenses or other measures, are eliminated upon the entry into force of th e 
Agreement. New import prohibitions or restrictio ns cannot  be introduced in trade between the Parties  
unless they fall within Part II, Title VI ( trade defence measures), or they are  necessary for the 
application of standards or regulations for the classification, grading or marketing of commodities in 
international trade . 
3.1.2   Liberalization of trade and tariff lines  
The Parties ' tariff liberalization schemes are detailed in Annexes I and II of the Agreement .  
The UK commits to eliminate customs duties on all products of HS Chapters 1 to 97  – except 
those of C hapter 93  – originating in an EAC Partner State upon the  entry into force of the Agreement. 
For products of Chapter 93 ( Arms and ammunition) , it will continue to impose the applied MFN duty. 
The importation of products of tariff heading 1701 (Cane or beet sugar and chemically pure sucrose ) 
originating in a n EAC Partner State that is a least developed country will remain subject to the 
provisions of Article 50 on bilateral safeguards. The provisions on bilateral safeguard s might also be  
applied to  products of tariff heading  1701 when the UK market price for white sugar falls during two 
consecutive months below 80 % of its level  during the previous marketing year ; this will not be 
applied for five years after the entry into force of the Agreement and during this period, the 
percentage specified  (80%) will be review ed by the Parties (Annex I).  
 
10 See Section 3.1.2 below.  
11 For the purposes of Article 15, a "free trade agreement " (FTA) means an agreement substantially 
liberalising trade and substantially eliminating discriminatory measures and / or prohibiting new or more 
discriminatory measures a mong Parties at the entry into force of that agreement or within a reasonable time 
frame.  
12 Under the Agreement, a "major trading economy " means any developed country, or any country 
accounting for a share of world merchandise exports above 1% in the year before the entry into force of the free 
trade agreement referred to in Article 15, or any group of countries acting individually, collectively or through a 
free trade agreement accounting collectively for a share of world merchandise exports above 1.5% in the year 
before the entry into force of the free trade agreement referred to in Article 15.  WT/REG417/1  
 
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The EAC Partner State(s)'  tariff liberalization and staging categories  are detailed in Annex II. 
Products originating in the UK are classified in four groups  listed in Annexes II(a) to II(d):  
a. Tariffs on goods listed in Annex II(a) were eliminated upon entry into force of the 
Agreement;  
b. Tariffs on goods listed in Annex II(b) will be progressively elimi nated over nine years 
starting seven years following entry into force of the Agreement (by 2036);  
c. Tariffs on goods listed in Annex II(c) will be progressively eliminated over 14 years starting 
12 years following entry into force of the Agreement (by 2046);  and 
d. Goods listed in Annex II  (d) are excluded from tariff liberalization.  
3.1.3   Liberalization schedule  
3.1.3.1   The United Kingdom  
Table 3. 1 shows the UK's tariff elimination commitments under the Agreement. In 2021, 
4,462  lines (47% of the UK tariff schedule) were dut y-free on an MFN basis, covering 56.4% of the 
UK's imports from Kenya during 2018 -2020.13 Under the Agreement, the UK bound at zero the duties 
applied to all the remaining products, except 15 lines, so that  99.8% of its total lines are now 
duty-free which correspond to all of its imports from Kenya in 2018 -2020.  As shown in Table 3. 2, 
the 15 l ines remaining dutiable cover arms and ammunition (HS Section XIX, Chapter 93)  for which 
the MFN rate, averaging 2% in 2021 applies . 
Table 3.1 United Kingdom : Tariff elimination commitments under the Agreement and 
corresponding average trad e 
Duty phase -out 
period  Tariff lines in UK's tariff 
schedule  UK's imports from Kenya (2018 -20)a  
Number  % Value (USD million)b % 
2021 (MFN)  4,462  47.0 268.1  56.4 
2021 5,017  52.8 207.3  43.6 
Remain dutiable  15 0.2 0.0 0.0 
Total 9,494  100.0  475.4  100.0  
a Import coverage is for HS chapters 1 -97. Totals exclude values that are suppressed at the product 
line level due to being potentially disclosive.  
b The import values were reported in GBP and converted into USD using the exchange rates of 
0.749531540259847(2018), 0.783445110011929 (2019) and 0.77 9999576697153 (2020).  
Note:  Certain products in the UK schedule are classified beyond the HS 8 -digit level. In cases where the 8 -
digit contains both dutiable and duty -free sub -lines the entire 8 -digit line is recorded as dutiable.  
 Tariff lines subject to in-quota rates are excluded in the computation.  
 Based on the HS 2017 nomenclature.  
Source:  WTO estimates based on data provided by UK.  
Table 3.2 United Kingdom : Tariff elimination under the Agreement, by HS Section  
HS Section  MFN 2021  Duty Free Lines  
under  the 
Agreement (2021)  Remain 
Dutiable  Avg. 
Dutiable 
Tariff  Avg. Tariff 
(%) No. of 
lines  Duty free 
lines  
I 8.9 956 109 847   
II 4.4 554 213 341   
III 4.8 129 30 99   
IV 12.9 869 119 750   
V 0.4 231 202 29   
VI 2.7 1,226  550 676   
VII 3.7 301 86 215   
VIII 1.4 130 73 57   
IX 1.1 235 189 46   
 
13 In 2021, the UK's applied MFN tariff consisted of 9,494 lines. Of these lines, 8,613 (90.72% of the 
tariff) were subject to ad valorem  rates of duty, 647 to speci fic rates, 230 to compound duties and 4 to mixed 
rates.  WT/REG417/1  
 
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  HS Section  MFN 2021  Duty Free Lines  
under  the 
Agreement (2021)  Remain 
Dutiable  Avg. 
Dutiable 
Tariff  Avg. Tariff 
(%) No. of 
lines  Duty free 
lines  
X 0.0 195 195    
XI 7.0 1,149  243 906   
XII 7.3 106 17 89   
XIII 2.0 234 162 72   
XIV 0.5 58 47 11   
XV 0.6 955 804 151   
XVI 0.7 1,338  981 357   
XVII 3.7 286 121 165   
XVIII 0.6 299 218 81   
XIX 1.4 22 7  15 2.0 
XX 1.4 214 89 125   
XXI 0.0 7 7    
Total  3.8 9,494  4,462  5,017  15 2.0 
Note:  Tariff lines subject to in -quota rates are excluded in the computation. For the calculation of 
averages, specific rates are excluded, and the ad valorem  part of alternate rates are included.  
 For the tariff lines subject to seasonal duties14, the average r ate for the entire year is used for the 
calculation. The products classified beyond the HS 8 -digit level are counted once and their tariff 
rates are averaged to the 8 -digit level.  
Source:  WTO estimates based on data provided by the UK.  
3.1.3.2   Kenya  
Table 3. 3 shows Kenya's tariff elimination commitments under the Agreement. In 2020, 
1,988  lines in Kenya's tariff schedule15 (36.6% of the tariff) were duty free on a n MFN basis, which 
accounted for 54.5% of imports from the UK during 2018 -2020. In 2021, Kenya started  its tariff 
liberalization process by liberalizing 23 lines under which 0.2% of imports entered from the UK in 
2018-20. After ten years of implementation , by 2030 3 7% of Kenya's tariff is expected to be duty 
free for imports from the UK, under which 54.7% of imports from the UK entered in 2018 -20. Further 
liberalization is to take place in 2036 ( 1,031 lines) and in 2045 ( 976 lines). By 2045,  73.94% of 
Kenya's tariff will be duty free under the Agreement, accounting for 76 .1% of the country's imports 
from UK  in 2018 -2020. At the end of the implementation period, 1,420 lines (26.1% of the tariff) 
corresponding to nearly 24% of Kenya's imports from the UK will remain dutiable.  
Table 3.3 Kenya:  Tariff elimination commitments under the Agreement and 
corresponding average trade  
Duty phase -out 
period  Number 
of lines  % of total lines 
in Kenya 's tariff 
schedule  Value of Kenya 's 
imports from the UK  a 
(2018 -2020)  
USD million  % of Kenya 's 
total imports 
from  
the UK  
(2018 -2020)  
2020 (MFN)  1,988  36.6 169.5  54.5 
2021 23 0.4 0.6 0.2 
2036 1,031 19.0 57.7 18.5 
2045 976 17.9 9.0 2.9 
Remain dutiable  1,420  26.1 74.5 23.9 
Total 5,438  100.0  311.3  100.0  
Notes: MFN 2020 is the latest available data for Kenya in the WTO -IDB  
 Based on the HS 2012 nomenclature .  
Source:  WTO estimates based on data provided by the Kenyan authorities . 
Table 3. 4 shows Kenya's tariff elimination by HS section with regards to the UK. In 2036 and 
2045, Kenya will liberalize 2 ,007 lines, the majority of which fall under Se ction I ( live animals : 226 
 
14 Tariff lines 0302.41.00, 0302.43.90, 0302.44.00, 0303.51.00, 0303.53.90, 0303.54.10, 0303.89.40, 
0304.59.50, 0304.99.23, 0702.00.00, 0708.10.00, 0805.10.22, 0805.10.24, 0805.10.28, 0808.10.80, 
0808. 30.90, 0809.29.00 and 0809.40.05 are subject to MFN seasonal duties . 
15 In 2021, Kenya's tariff consisted of 5,438 lines at the eight -digit level (HS 2012 nomenclature). Of 
these lines, 5,285 (over 97% of the total) were subject to ad valorem  rates of duty.  The remaining 153 lines had 
mixed rates of duty.  WT/REG417/1  
 
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  lines), Section XI (textiles: 276 lines), Section XV (base metals: 3 19 lines) and Section XVI 
(machinery: 301 lines). In 2045, 1,420  lines from all Sections but three (natural pearls and precious 
stones; arms and ammunition; and works of art) will remain subject to duties averaging 24.3%. 
Most of the dutiable  lines remaining  will concern base metals from Section XI (over 33% of the lines) 
and agricultural products from Sections I to IV (31%).  
Table 3.4 Kenya : Tariff elimination under the Agreement, by HS Section  
HS 
Section  MFN 
Average  
% Number of 
lines  Duty -free 
lines 
under MFN 
2020  Number of duty -free lines 
under the Agreement  Remaining 
dutiable 
lines  Avg. Final 
Tariff  
(Dutiable)  2021  2036  2045  
I 25.5 347 15  1 225 106 28.0 
II 19.8 307 38  50 75 144 25.3 
III 14.3 52 12 2 13 8 17 21.5 
IV 24.5 229 9  23 23 174 26.5 
V 4.8 171 109  48 8 6 22.5 
VI 3.0 815 673 4 66 22 50 23.8 
VII 10.7 242 87 1 48 19 87 16.9 
VIII 16.0 69 5  41 5 18 24.2 
IX 16.4 95 22  15 13 45 24.0 
X 11.6 153 45  18 12 78 17.5 
XI 23.5 810 63  149 127 471 25.8 
XII 21.9 47 1  8 15 23 25.0 
XIII 17.4 148 17  32 39 60 21.0 
XIV 22.4 57 6   51   
XV 11.7 575 190 9 235 84 57 21.1 
XVI 6.3 791 480 4 201 96 10 31.0 
XVII 7.5 168 99 3 27 8 31 23.1 
XVIII 8.8 212 112  42 55 3 25.0 
XIX 25.0 18   2 16   
XX 23.0 125 5  12 68 40 24.3 
XXI 25.0 7    7   
Total  13.6 5,438  1,988  23 1,031 976 1,420  24.3 
Notes: MFN 2020 is the latest available data for Kenya in the WTO -IDB  
 For the calculation of averages, specific rates are excluded, and the ad valorem  parts of alternate 
rates are included.  
 Based on the HS 2012 nomenclature . 
Source:  WTO estimates based on data provided by the Kenyan  authorities.  
At the HS Chapter level, 61  Chapters will remain dutiable with an average final preferential 
tariff of 24.3% (Chart 3. 1). For all those Chapters, the preferential rates, which rang e from 10% in 
Chapters 14, 23 and 45 (vegetable products, waste from food industries and cork articles)  to 43.9% 
in Chapter 17 (sugars), are lower than or equal to the MFN rates, showing the granting of additional 
preferences under the Agreement.  WT/REG417/1  
 
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  Chart 3. 1 Kenya: Average of dutiable rates, by HS Chapter  
 
Based on the HS 2012 nomenclature . 
Source:  WTO estimates based on data provided by the Kenyan authorities.  
3.1.4   Tariff rate quotas  
There are no tariff rate quotas under the Agreement.  
3.2  Rules of origin  
The rules of origin are set out in Protocol 1 (concerning the definition of the concept of 
"originating products " and methods of administrative cooperation ). 
Pursuant to Article 216, products are considered originating when they are wholly obtained in 
one of the Parties within the meaning of Article 7,  or obtained in a Party incorporating materials 
which have not been wholly obtained there but have undergone sufficient working or processing in 
that Party  within the meaning of Article 8 .  
Article 8 refers to  product specific rules of origin which allow p roducts not wholly obtained to 
be considered as sufficiently worked or processed. For this, they must fulfil the conditions set out in 
Annex II which lists the working or processing required to obtain originating status. Generally, these 
conditions require  a specific processing operation, a change in tariff classification at the chapter or 
heading level; and/or either that the value of non -originating materials used does not exceed a 
 
16 Unless otherwise specified, all articles, titles and annexes in this section refer to Protocol 1 to the 
Agreement.  0102030405060
234678910111415161718192021222324Average Duty Rate (%)
HS Chapter01-24
0510152025303540
2527283233343536394042444546484952545556575860616263646668697072737682838587909496Average Duty Rate (%)
HS Chapter25-97
Preferential MFNWT/REG417/1  
 
- 14 - 
 
  certain percentage (ranging from  15% to 70%) of the ex -works price of the final product, or that 
the weight of the non -originating materials used does not exceed a certain percentage (ranging from 
20% to 60%) of the weight of the final product.  
Article 8 also contains a de minimis  or tolerance provision  which  permit s the use of  non-
originating materials which would not otherwise be permitted to be used in the manufacture of 
product  if their total value or net weight does not exceed: (a) 15% of the weight of the final good 
for agricultural products under HS Chapters 2 and 4 -24 ot her than processed fish products under  
Chapter 16; or (b) 15% of the  ex-works price of the products, except for textiles and clothing 
(Chapters 50 -63).17 However, simple working or processing operations listed in Article 9 (e.g. 
preserving, washing, assembling  and packing) are regarded as insufficient to grant originating status 
whether or not the requirements of Article 8 are satisfied. An absorption rule  provided for in Article  8 
ensures that if a product which has acquired originating status is used in the manufacture of another 
product, no account shall be taken of any non -originating materials which may have been used in 
its manufacture.  
Protocol 1 per mits bilateral, full and diagonal cumulation under certain conditions described 
in Articles 3, 4, 5 and 6. Products shall be considered as originating in an EAC Partner State if they 
are produced there, incorporating materials originating in the UK or in t he EU, in another ACP State 
and imported duty free and quota free into the UK , in the Overseas Countries and Territories 
(OCTs)18 or in the other EAC Partner State(s), provided the working or processing carried out in that 
EAC Partner State goes beyond the  operations referred to in Article 9(1). Similarly, products shall 
be considered as originating in the UK if they are produced there, incorporating materials originating 
in an EAC Partner State or in the EU, in the other ACP States with which the UK has a preferential  
(reciprocal)  trade agreement (PTA)  or in the OCTs, provided the working or processing carried out 
in the UK goes beyond the operations referred to in Article 9(1). It is not necessary for such materials 
to have undergone sufficient working or processing (Articles 4.1 and 5.1).19 
Concerning full cumulation, working or processing carried out in the UK, the EU, the other 
EAC Partner State(s), other ACP States or in the OCTs are considered as having been carried out in 
an EAC Partner State if the p roducts produced undergo subsequent working or processing in th e EAC 
Partner State (Article 4). Working or processing carried out in an EAC Partner State, the EU, the 
other ACP States with which the UK applies a PTA or the OCTs can be considered as having been 
carried out in the UK if the products obtained there have undergone subsequent working or 
processing (Article 5).  
When the working or processing carried out in a Party does not go beyond the operations 
referred to in Article 9(1), the product obtaine d is considered as originating in that Party only when 
the value added there exceeds the value of the materials used in any one of the other countries or 
territories. If this is not so, the product obtained shall be considered as originating in the country  or 
territory which accounts for the highest value of materials used in the manufacture of the final 
product (Articles 4  and 5 ). 
Cumulation shall only apply under certain conditions and excludes certain products.20 
Pursuant to Article 4, cumulation in an E AC Partner State may only be applied provided that all the 
countries and territories involved in the acquisition of the originating status have entered into an 
undertaking with each other, using the template in Annex X  (on administrative cooperation) . 
Cumu lation in an EAC Partner State  in respect of the EU and the EU OCTs may only be applied if (a) 
all the countries and territories involved have concluded  an arrangement or agreement on 
administrative cooperation which ensures the correct implementation of Article 4; and (b) such 
arrangement or agreement has been notified to the UK by the EAC Partner State(s) or a competent 
 
17 For products falling within Chapters 50 to 63, tolerances are mentioned in notes 6 and  7 of Part I of 
Annex II.  
18 OCTs are listed in Annex VIII.  
19 The origin of the materials originating in ACP States and in the UK OCTs is determined according to 
the rules of origin of the UK's PTAs with these States and territories and in accordance with A rticle 28 
(Information procedure for cumulation purposes); the origin of materials originating in the EU and in the EU 
OCTs is determined in accordance with the rules of origin of  the Agreement (Articles 4.2 and 5.1).  
20 Under Articles 4.9 and 5.5, cumulati on shall not apply to materials falling under HS 1604 and 1605 
(fish preparations) originating in the EPA Pacific States according to Article 6(6) of Protocol II to the Interim 
Partnership Agreement between the UK and the Pacific States or any future compr ehensive EPA between these 
parties.  WT/REG417/1  
 
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  body representing the relevant countries or territories.  According to the Parties no notification has 
been re ceived.  Cumulation in the UK  may only be applied if (a) all the countries and territories 
involved in the acquisition of the originating status and the country of destination have concluded 
an arrangement or agreement on administrative co -operation which e nsures a correct 
implementation of Article 5; and (b) the UK has provided the EAC Partner State(s) with details of 
these arrangements or agreements.21 
Non-originating materials which at importation to the UK qualify for  MFN duty free rates are 
considered o riginating in an EAC Partner State when incorporated into a product obtained there . It 
shall not be necessary  that such materials have undergone sufficient working or processing, provided 
they have  undergone working of processing beyond that referred to in  Article 9(1)  (Article 3).22 
Materials originating in countries which have duty -free and quota -free access to the UK's market 
shall be considered as originating in an EAC Partner State when incorporated into a product obtained 
there provided that : they hav e undergone  working or processing beyond that referred to in  
Article  9(1); they originate in countries or territories benefiting from arrangements under the UK's 
Generalized Scheme  of Preferences (GSP); and they originate in countries that benefitted from 
arrangements under the EU 's GSP scheme on the date this system ceased to be applicable to the 
UK (Article 6).23 At the request of an EAC Partner State, cumulation may also be provided for 
materials originating in countries and territories benefiting from t he UK's duty -free and quota -free 
treatment arrangement under the conditions set out in Article 6. The UK shall notify annually to the 
Special Committee on Customs and Trade Facilitation24 the list of materials and countries to which 
these provisions apply.  According to the Parties no notifications have been made to date.  
Protocol 1 also has provisions relating to the unit of qualification (Article 10) ; accessories, 
spare parts and tools (Article 11) ; sets (Article 12) ; and neutral elements (Article 13).  
The principle of territoriality recognized by Article 14 requir es that, except as provided for in  
Articles 3 -6 (dealing with cumulation)  or unless it ca n be demonstrated to the satisfaction of customs 
authorities that the returning goods are the same goods as those exported and they have not 
undergone any operation beyond those for preservation during export , the conditions for acquiring 
originating statu s must be fulfilled without interruption in the Parties. Title IV contains  requirements 
concerning proof of origin  as well as  procedures and conditions for the issue of a Movement 
Certificate EUR1 or an Origin Declaration (Articles 17 -22). Exporters who ma ke frequent shipments 
may be authorized by the authorities of the exporting country to make out origin declarations 
irrespective of the value of the products concerned (Article 23).  The Agreement does not establish 
any outward processing mechanism.  
Title V  describes arrangements for administrative cooperation. The Parties undertake to put 
into place the necessary national and regional arrangements required for the implementation and 
enforcement of the rules and procedures laid down in Protocol 1 including, where appropriate, the 
arrangements necessary for the application of bilateral and diagonal cumulation and cumulation with 
countries benefitting from duty -free and quota -free access to the UK market; as well as  the 
administrative structures and systems nec essary for the appropriate management and control of the 
origin of products and compliance with other conditions in Protocol 1. Title V  also outlines details for 
verification of proof s of origin. Whe n disputes arise from verification procedures which canno t be 
settled between the customs authorities requesting a verification and the customs authorit ies 
responsible for carrying out  the verification, or for questions on the interpretation of the Protocol, 
they shall be submitted to the Special Committee on Cu stoms and Trade Facilitation  (Article 38). 
Finally, under Article 40, a derogation for a period of generally five years from the Protocol may be 
adopted by the Special Committee where the development of existing industries or the creation of 
 
21 Cumulation applies and has been notified (see https://www.gov.uk/government/publications/notice -
of-fulfilment -from-the-united -kingdom -on-cumulation -with-trading -partners -december -2020/notice -of-
fulfilment -from-the-united -kingdom -on-cumulation -with-trading -partners -31-december -2020). 
22 Materials origin ating in countries whose exports are subject to anti -dumping or countervailing duties 
at the time of importation or materials classified in subheadings of the HS which include dutiable tariff lines at 
the eight -digit level are excluded from cumulation unde r this provision (Article 3.4).  
23 Such cumulation shall not apply to materials originating in countries whose particular exports are 
subject to anti -dumping or countervailing measures, materials classified in sub -headings of the HS which 
include dutiable l ines at the eight -digit level, tuna products under HS Chapters 3 for which the duties are 
suspended under the GSP; and materials for which the tariff preferences are removed as a result of 
graduation, a temporary withdrawal or of safeguard clauses in accor dance the GSP (Article 6.1).  
24 See Section 3.4.5 b elow.  WT/REG417/1  
 
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  new ones in th e EAC Partner State(s) justifies them.  According to the Parties, no derogations have 
been adopted.  
The Special Committee reviews every five years or whenever the Parties request, the rules of 
origin with a view to making any necessary amendments or adaptations (Article 42).  
3.3  Export duties and charges, and quantitative restrictions  
Each Party commits to  not institute new duties or taxes in connection with the exportation of 
goods to the other Party that are in excess of those imposed on like products d estined for internal 
sale (Article 14 .1). 
However, after notifying the UK, the EAC Partner State(s)  can impose a temporary duty or 
tax on the exportation of goods to foster the development of domestic industry; to maintain currency 
stability when the incre ase in the world price of an export commodity creates the risk of a currency 
overvaluation ; or to protect revenue, food security and environment. Such taxes should concern a 
limited number of products for a limited period of time and be reviewed by the EPA  Council for 
renewal after 48 months  (Articles 14.2 and 14.3) . Any more favourable treatment consisting of or 
in relation to taxes applied by the EAC Partner State(s)  to exports of products destined for a major 
trading economy shall, from the entry into fo rce of the Agreement, be accorded to the like product 
destined for the UK (Article 14. 4). 
Pursuant to Article 19, all prohibitions or restrictions on the exportation or sale for exports 
between the Parties, other than customs duties, taxes, fees and other charges provided for under 
Article 6, are eliminated upon the entry into force of th e Agreement. New export prohibitions or 
restrictions cannot  be introduced in trade between the Parties  unless they fall within Part II, Title VI 
(Trade defence measures); t hey are  temporarily applied to prevent or relieve critical shortages of 
foodstuffs or other products essential to the exporting contracting party ; or they are  necessary to 
the application of standards or regulations for the classification, grading or marke ting of commodities 
in international trade . (Article 19.2) .  
3.4  Regulatory provisions of the agreement  
3.4.1   Standards  
Part II of th e Agreement contains provisions on sanitary and phytosanitary measures 
(Title IV) and on technical barriers to trade ( Title V). 
3.4.1.1   Sanitary and phytosanitary measures  
Provisions  on sanitary and phytosanitary (SPS) measures  (Articles 30 -40) refer to the WTO 
SPS Agreement . The Parties reaffirm their rights and obligations under the international treaties and 
agreement s in this area to w hich they are party (Article 32). They are sovereign in implementing 
SPS measures consistent with the WTO SPS Agreement  and they commit to consult each other 
before introducing any new SPS measure  through the notification mechanism provided for in the 
WTO SPS Agreement , to support each other in gathering information needed to make informed 
decisions , and to promote linkages, joint ventures, and joint research and development between 
their institutions and laboratories (Article 32).  
The Parties agree to esta blish or modify SPS measure s on the basis of scientific justifications 
and according to the WTO SPS Agreement (Article 33). They aim to achieve harmonization of their 
respective rules and procedures, including inspection, testing and certification procedur es 
(Article  34). R eaffirm ing the principles of equivalence consistent with  the WTO SPS Agreement, each 
Party commit s to give reasonable access, upon request, to the other for inspection, testing and other 
relevant procedures  (Article 35).  The Agreement include s provisions on zoning and 
compartmentalisation taking into account the provisions of Article 6 of the WTO SPS Agreement 
(Article  36). Article 38 provides that the Parties will agree on conformity assessment  procedures in 
the SPS domai n.  
Transparency provisions re fer to  the WTO SPS Agreement  and to the  importance of effective 
mechanisms for consultation, notification and exchange of information with respect to SPS WT/REG417/1  
 
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  measures . The Parties undertake to establish mechanisms for exchange of  information on  any 
changes in the SPS import requirements that may affect their trade  (Article  37). They agree to 
cooperate to promote information exchange on products of export interest to them and on  other 
areas relevant to their trade relations , buildin g in particular on Article 7 of the WTO SPS Agreement, 
as well as to promote transparency as regards the sampling, analysis and action following official 
controls on feed and food from either Party  (article 39).   
Pursuant to Article  40, the Parties shall n otify each other of their respective competent 
authorities responsible for the implementation of SPS measures under the Agreement  According to 
the Parties  both parties have exchanged details on each other 's competent authorities .  
3.4.1.2   Technical barriers to trade  
Title V  (Articles 41 -47), which deals with standards, technical regulations and conformity 
assessment, expressly refers to the WTO TBT Agreement  and its definitions  (Article 41) . The Parties 
affirm their rights and obligations under the T BT Agreement, such as their obligations concerning 
transparency,  notification and sharing of information (Article 44), as well as their rights and 
commitments under other international arrangements relating to the protection of  the environment 
and biodiver sity in particular (Article 42). The Parties may negotiate mutual recognition agreements 
in sectors of mutual economic interest (Article 43) and agreements on the mutual recognition of 
conformity assessment (Article 46).  The Parties indicate that no MRAs h ave been negotiated or 
agreed to date.  They shall endeavour to harmonise their standards, technical regulations and 
conformity assessment procedures (Article 45).   
Pursuant to Article 47, t he body responsible for the implementation of Title V in the UK is the 
Government of the UK and t he EAC Partner State(s) will notify the UK of its respective technical 
regulatory bodies.  According to Kenya the notification has not been submitted to the UK yet.  
3.4.2   Safeguard mechanisms  
Part II, Title VI of the Agreement  govern s the application of multilateral  safeguards  
(article  49), and of  bilateral safeguards  (Article 50) .  
3.4.2.1   Multilateral safeguards  
Nothing in the Agreement shall prevent the Parties from adopting measures  under Article XIX 
of GATT 1994, the WTO Agreement on Safeguards (hereafter the Safeguards Agreement), and 
Article  5 of the WTO Agreement  on Agriculture  (Article 49.1). This provision  is subject to the WTO 
dispute settlement rules (Article 49.4). However, in the light of the overall development o bjectives 
of the Agreement and the small size of the economies of the EAC Partner State(s), the UK will 
exclude imports from any EAC Partner State from such multilateral  measures  (Article 49.2).  This 
exclusion , which is applicable for a period of five years from the entry into force of  the Agreement , 
can be extended upon review by the EPA Co uncil based on the development needs of the EAC Partner 
State(s) . This review shall take place no later than 120 days before the end of five -year period  
(Article 49.3) .  
3.4.2.2   Bilateral safeguards  
 Pursuant to  Article 50, t he Parties may apply bilateral safeguards of limited duration if a 
product originating in one Party is being imported into the territory of the other Party in such 
increased quantities and under such conditions as to cause or threaten to cause: a) serious injury  
to the domestic industry producing like or directly competi tive products in the territory of the 
importing Party;  b) disturbances  in a sector of the economy that could result in major social problems 
or difficulties which could  jeopardiz e the economic situation of the importing country; or c) 
disturbances  in the m arkets of like or directly competitive agricultural products  or in the mechanisms 
regulating those markets (article 50.2).  
Bilateral  safeguard measure s may consist of a) a suspension of the further tariff reductions 
under the Agreement  for the product con cerned ; b) an increase in tariffs on the product  concerned 
to a level that does not exceed the duty applied to other WTO Members ; and/or c) the introduction 
of tariff  rate quotas on the product concerned  (Article 50.3) .  WT/REG417/1  
 
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When  products from the UK are being imported  into the EAC Partner State(s) in such increased 
quantities and under such conditions as to cause or threaten to cause one of the situations referred 
to above, the EAC Partner State(s) may take surveillance or safeguard measures limited to it s 
territory. During  a period of 10 years from the entry into force of the Agreement  (extendable  for 5 
more years by the EPA Council ), the EAC Partner State(s) may also apply bilateral safeguards  when, 
as a result of tariff reduction, a product from the UK is imported in such increased quantities and 
under such conditions as to cause or threaten to cause  disturbances to an infant industry producing 
like or directly competitive products  (Article 50.4) .  
Bilateral safeguard measure s cannot exceed what is neces sary to remedy or prevent the 
serious injury or disturbances  caused or threatened to be caused by imports and shall not be applied 
for more than two years, which  can be extended for a further period of two years. When the 
importing country is the EAC Partner State(s), this duration may be of four years and can  be 
extended for a further  four years . Safeguard measures exceeding  one year shall have clear elements 
leading to their termination. A safeguard measure can b e applied to the import of a product that has 
previously been subject to such a measure but only after a period of at least one year  since the 
expiration of the  previous measure  (Article 50.5).   
Before applying any safeguard measure, the Parties shall refe r the matter for examination to 
the Committee of Senior Officials  which may make recommendations to remedy the situation.  If no 
recommendations have been made, or if no satisfactory solution has been reached within 30 days 
of the matter being referred, the  importing Party may adopt appropriate measures to remedy the 
situation . In selecting a safeguard measure, priority must be given to those which least disturb the 
operation  of the Agreement. All bilateral safeguard measures taken shall be notified immediat ely to 
the Committee of Senior Officials and shall be the subject of periodic consultations within that body 
in order to establish a timetable for their abolition  (Article 50.6) .  
In exceptional circumstances requir ing immediate action , the importing Party  may take a 
measure on a provisional basis . The period of application of such measure shall not exceed 180 days 
for measures taken by the UK and 200 days for measures taken by the EAC Partner State(s) . The 
duration of a provisional measure shall be counted as part of the period of duration of a safeguard 
measure and its extension. The importing Party shall inform the other Party and refer the matter to 
the Committee of Senior Officials for examination  (Article 50.7) . 
The WTO Agreement cannot be invoked to pre clude  a Party from adopting bilateral safeguard s 
in accordance with the Agreement.  
3.4.2.3   Balance of payment safeguards  
When a Party  is in serious balance of payments and external financial difficulties, or under 
threat thereof, it may take restrictive measures in accordance with the WTO Agreement and the 
Articles of Agreement of the IMF. The se measures shall be  non-discriminatory and  of limited duration 
and they may not go beyond that necessary to remedy the balance of payments situation. The Party 
taking such a measure shall promptly inform the other Party and the EPA Council and present as 
soon as possible a time  schedule  for eliminating the measure . Consultations shall be held promptly 
within the EPA Co uncil to assess the balance of payments situation of the concerned Party and the 
restrictions adopted as well as to address the compliance of the measures with the Agreement 
(Article 131). 
3.4.3   Anti-dumping and countervailing measures  
Provisions on anti -dumping  and countervailing measures (Article 48) reaffirm expressly the 
relevant WTO Agreements . 
Nothing in the Agreement shall prevent the Parties from adopting anti -dumping or 
countervailing measures in accordance with the WTO Agreements. Before imposing any de finitive 
duties, the Parties  shall consider the possibility of constructive remedies as provided for in the 
relevant WTO Agreements. Where an anti -dumping or countervailing measure has been imposed by 
either Party, a judicial review shall be conducted only  in one single forum. Where anti -dumping or 
countervailing measures can be imposed on a regional and on a national basis, the Parties will ensure 
that these measures are not applied simultaneously to the same product by the regional and national WT/REG417/1  
 
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  authoritie s. A Party shall notify the other Party of the receipt of a properly documented complaint 
before initiating an investigation. The WTO dispute settlement rules apply to any disputes over these 
issues.  
3.4.4   Subsidies and State-aid 
The Agreement does not include specific  provisions on subsidies nor on State -aid. Article 68 
concerning  domestic policy measures in agriculture  provides that each Party shall ensure 
transparency in the area of agricultural support related to trade in agricultural products. It  further 
states that the UK  shall report periodically within the Agriculture Dialogue to the EAC Partner State(s) 
on the legal basis, form and amount of such support.  Furthermore, as from the entry into force of 
the Agreement, the UK shall not grant export subsidies for all  agricultural products  to the EAC Partner 
State(s).  
3.4.5   Customs -related procedures  
The Parties agree that Article VII of the GATT 1994 and the Agreement on the Implementation 
of Article VII of the GATT 1994 shall govern customs valuation rules applied t o trade between them 
(Article 18). They undertake to cooperate with a view to reaching a common approach to issues 
relating to customs valuation (Article 18.2), to facilitating the movement of goods and simplify ing 
customs procedures (Article 13.3) and to combating irregularities and fraud in customs and related 
matters (Article 16.1).  
The Agreement puts an emphasis on cooperation  in customs -related issues. In Title III  (on 
customs cooperation and trade facilitation ), the Parties specify that  their objectives , amongst others,  
are to promote harmonisation of customs legislation and procedures at the regional level, to provide 
support to the EAC Partner State(s) ' customs administrations to implement th e Agreement and other 
international customs best pr actices , and to enhance cooperation between the ir customs authorities 
and other related border agencies  (Article 22).   
The Parties  agree that their customs legislation and procedures should be based on 
international instruments and standards , and should be  non-discriminatory  and transparent . To ease  
and simplify  customs operation s, the Parties should use a  single administrative document or 
electronic equivalent  to establish customs declarations in the ir territories; modern customs 
techniques, including risk assessment, simplified procedures for entry and release of goods, post 
release controls and audits and to provide further facilitation for operators that meet high levels of 
compliance with customs legislation and procedures ; a Any penalties should be  proportionate to the 
infringement and fees and charges , which shall not be applicable  on consular services in respect of 
trade in goods, should be  commensurate with the service and not be calculated on an ad valorem  
basis. They agree to the need to eliminate any requirement for the mandatory use of pre -shipment 
inspection  and to eliminate all requirements for the mandatory use of customs brokers (Article 24).  
They commit to ensure freedom of transit through their territ ories (Article 25). A five year transition 
period from the date of entry into force of the Agreement is provided to the EAC Partner State(s) t o 
meet its customs -related commitments  (Article  27).  
Under Protocol 2 on mutual administrative assistance in cust oms matters the Parties agree to 
assist each other to ensure the correct application of customs legislation , in particular by preventing, 
investigating and combating operations in breach of that legislation.  The provision of assistance can 
be spontaneous o r upon request. The Protocol also includes provisions on information exchange and 
confidentiality, the participation of experts and witnesses in judicial or administrative proceedings, 
and assistance expenses.  
Under Article 29, t he Parties establish a  Special Committee on Customs and Trade Facilitation 
whose functions are to  monitor implementation and administration of Title  III and Protocol 1 on rules 
of origin;  provide a forum to consult and discuss issues relating to customs; enhance coop eration 
on the development, application and enforcement of rules of origin and related customs procedures 
as well as on capacity building and technical assistance; and address any other issues agreed by the 
Parties under  Title III. The Special Committee sh all report to the EPA Co uncil. The Parties indicated 
that the meeting of the Special Committee is being planned.  WT/REG417/1  
 
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  3.4.6   Other regulations  
The Agreement include s a rendez -vous clause providing that, within five years upon  entry 
into force  of the Agreement , the Pa rties undertake to conclude negotiations in trade in services, as 
well as on other trade -related issues such as competition policy; investment and private sector 
development; trade, environment and sustainable development; intellectual property rights;  
transparency in public procurement ; and any other areas agreed by the Parties  (Article 3).  
3.5  Sector -Specific Provisions of the Agreement  
3.5.1   Agriculture  
Part IV of the Agreement deals with agriculture, including crops, livestock and productive 
insects. The Parties agree that their fundamental objective in this area is sustainable agricultural 
development which covers inter alia  food and livelihood security, rural development and poverty 
reduction in the EAC Partner State(s)  (Article 58). Underlining the multi -functi onal role agriculture 
plays in the EAC Partner State(s) , the Parties resolve to work together to attract necessary 
investment (Article 59). They shall establish an EAC -UK Comprehensive Dialogue on Agriculture and 
Rural Development Policy (the "Agriculture Dialogue ") to monitor progress  in the sector  and provide 
a forum for exchange and cooperation on the Parties' respective domestic agricultural policies and, 
in particular, the role of agriculture in the EAC Partner State(s) in raising farm incomes, food security, 
sustainable use of resources, rural development a nd economic growth . The Agriculture Dialogue 
shall take place within  the Committee of Senior Officials25 (Article 60).  The Parties indicate that the 
working procedures of the Agriculture Dialogue are still to be agreed.  
The Parties recogni ze the importance  of integrati ng the agricultural sector across the EAC 
Partner State(s), through the progressive removal of barriers and the provision of an appropriate 
regulatory and institutional framework, harmonisation and convergence of policies  (Article 61) . They  
agree to a regional strategy for enhancing supply capacities in agriculture (Article 65).  
The Parties recogni ze the need to establish, improve and enhance food security information 
systems, including national early warning systems, as well as vulnerability assessment and 
monitoring systems, and implement capacity building actions, in conjunction with and through 
existing international and regional mechanisms (Article 66). They also agree to cooperate to develop 
and promote the use of modern agricultural technologies in areas such as irrigation and fertigation, 
artificial insemination, improved seed, pest management , packaging and handling, biotechnologies 
or risk assessment (Article 67).  
Pursuant to Article 68, e ach Party commit s to ensure transparency in support related to trade 
in agricultural products. The UK will report periodically within the Agriculture Dialog ue to the EAC 
Partner State(s) on the legal basis, form and amount of such support. Such information will  be made 
available by the Parties or on their behalf on a publicly accessible website.  Issues that may arise in 
relation to the access of the Parties' agricultural products to each other 's markets will be examined 
by the Committee of Senior Officials which may make recommendations to the EPA Council.   
Recognizing the challenges faced by the EAC Partner State(s) because of their dependence 
on the export o f primary agricultural commodities, the Parties agree to cooperate to: strengthen 
Public -Private -Partnership s in investment for production, processing and marketing of agricultural 
commodities; cooperate in developing capacities to access niche markets; su pport diversification of 
agricultural production and export products in the EAC Partner State(s); and improve producers' 
revenue by developing the marketing of value added agricultural products (Article 69).  
The Parties agree to assist countries that are n et food importing EAC Partner State(s) to 
develop programmes to ensure food security  and to support efforts to address constraints for food 
production, storage and distribution in the EAC region, source food aid from within the EAC Partner 
State(s) and other African Regional Economic Communities (RECs) as far as possible; and improve 
coordinat ion of food aid. They shall ensure that the provision of food aid is in full conformity with 
measures aim ed at preventing commercial displacement : food aid transactions should be need s 
 
25 See Section 4.5.  WT/REG417/1  
 
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  driven and in  the form of  grant s, and should not be tied directly or in directly to commercial exports 
of agricultural products or of other goods and services (Article 71).  
In Article 72, the Parties identify key sectors  and agree to cooperate to foster livelihood 
security, agricultural infrastructure, technical support servic es, agricultural financing services and 
rural development.  The Parties also agree to exchange experiences and information on best practices 
and consult on all issues contributing to the ir objectives in the agriculture sector (Article 73).   
3.5.2   Fisheries  
Part I II of the Agreement is devoted to fisheries. Recogni zing that fisheries constitute a key 
economic sector as well as an important source of food and foreign exchange  for the EAC Partner 
State(s), and are also of considerable interest for the UK, the Parties  agree to cooperate on the 
sustainable development and management of the fisheries sector , including  marine and inland 
fisheries as well as aquaculture (Articles 51 -52). 
Part III, Title II, contains provisions on the utilisation, conservation and managemen t of 
marine fisheries resources, aiming at optimising the benefits from fisheries for the EAC Partner 
State(s) through investment, capacity building and improved market access (Article 53). The Parties 
agree to take a precautionary approach in determining levels of sustainable catch, fishing capacity 
and other management strategies. Each EAC Partner State may take appropriate measures, 
including seasonal and gear restrictions to protect its territorial waters and ensure the sustainability 
of artisanal and c oastal fisheries. It shall coordinate action with the UK to ensure the management 
and conservation of all fish species, including tuna and tuna -like resources and facilitate relevant 
scientific research. The Parties shall promote the membership of all the concerned EAC Partner 
State(s) in the Indian Ocean Tuna Commission (IOTC) and other relevant fisheries organisations. 
They agree to take appropriate measures when an increase in effort results in catch levels above 
the target sustainable level established by the competent national authority. In order to conserve 
and manage straddling stocks and highly migratory fish stocks, the Parties  shall ensure compliance 
by vessels flying their flags with relevant national, regional and sub -regional fisheries managemen t 
measures and related national laws and regulations (Articles 53 -54). 
The Parties commit to observe vessel management and post -harvest arrangements emerging 
from the IOTC and any other relevant regional fisheries organisations. They shall set out minimum 
conditions with respect to monitoring, control and surveillance of UK fishing vessels operating in the 
waters of the EAC Partner State(s). The Parties agree to cooperate in developing and implementing 
national/regional training programmes for EAC nationals  to facilitate their effective participation in 
the fishing industry. They shall also undertake coordinated efforts to prevent, deter and eliminate 
IUU fishing (Article 55).  
Finally, Part III, Title III, contains provisions on inland fisheries, coastal and  aquaculture 
development in the EAC Partner State(s). The objectives of cooperation in this area are to promote 
sustainable exploitation of inland fisheries resources, and enhance aquaculture production, remove 
supply -side constraints, improve fish and fis h products quality to meet international SPS measures, 
improve access to the UK market, address intra -regional trade barriers, attract capital inflows and 
investment in the sector, build capacity and enhance access to financial support for private investor s 
in inland fisheries and aquaculture development (Article 56).  
4  GENERAL PROVISIONS OF THE AGREEMENT  
4.1  Transparency  
In addition to specific  transparency provisions found in various parts of the Agreement, 
Article  134 on transparency and confidentiality requir es that the Parties promptly publish or make 
available their laws, regulations, procedures and administrative rulings as well as any international 
commitments on any trade matter covered by the Agreement . The information is considered to have 
been provided  when it has been notified to the Governments of the EAC Partner State(s) and the 
UK, to the WTO or on the official and fee -free website s of the Parties.  
Nothing in the Agreement shall require the Parties to provide confidential information, the 
disclosur e of which would impede law enforcement, or otherwise be contrary to the public interest, WT/REG417/1  
 
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  or which would prejudice the legitimate commercial interests of particular public or private 
enterprises, except to the extent that it may be necessary to be disclose d in the context of a dispute 
settlement proceeding under the Agreement. Where such disclosure is considered necessary by a 
panel established under the dispute settlement provisions of the Agreement, the panel shall ensure 
that confidentiality is fully pro tected.  
4.2  Current payments and capital movements  
The Agreement does not contain specific provisions on current payments and capital 
movements  other than Article 131 dealing with balance of payments difficulties .26  
4.3  Exceptions  
4.3.1   General and security exceptions  
Part VIII of the Agreement includes provisions on general exceptions (Article 128) and on 
security exceptions (Article  129), which mirror Articles  XX and XXI of the GATT  with some additions.  
Under Article 128, the Parties have the right to take measures necessary to protect public security 
or to maintain public order and under Article 129, they have the right to take any measure relating 
to government procurement indispensable for national security or national defence purposes.  The 
Parties shall inform to the fullest extent possible the Committee of Senior Officials of measures taken 
under Part VIII and of their termination.  
4.3.2   Taxation  
Nothing in the Agreement or in any arrangement adopted under the Agreement shall be 
construed to prevent a Party fr om distinguishing in its fiscal legislation between taxpayers who are 
not in the same situation, in particular with regard to residency or where they have investments. 
The Agreement also does not prevent the Parties from adopting or enforcing any measure a imed at 
preventing the avoidance of or evasion of taxes under any avoidance of double taxation agreements 
or other tax arrangements or domestic fiscal arrangements. Furthermore, nothing in the Agreement 
shall affect the rights and obligations of the Partie s under any tax convention. In the event of any 
inconsistency between the Agreement and any such convention, the latter shall prevail to the extent 
of the inconsistency (Article 130).  
4.4  Accession and withdrawal  
Pursuant to Article 143 , the Agreement is open to accession  by any State that is a Contracting 
Party to the Treaty for the Establishment of the East African Community. Requests for accession 
must be submitted to the EPA Council  for approval.  The EPA Council may decide on any transiti onal 
or amending measures that might be necessary. Once the request is approved , the EAC  State may 
deposit an instrument of accession with the relevant depositary. The Agreement will enter into force 
for the acceding State on the date its instrument of accession is deposited or on such other date 
agreed by that State and the Parties.  Upon acc ession of another EAC State the title of the Agreement 
shall be updated to include the State that has acceded to the Agreement . 
Regarding withdrawal, a Party may give written notice  to the other of its intention to denounce 
the Agreement. The denunciation will take effect one year after such a notification (Article  139).  
4.5  Institutional framework  
Institutional provisions included in Part VI (Articles 103 -108) provide for the establishment of 
the EPA Council, the Committee of Senior Officials, the Consultative  Committee and any institutions 
and Committees as may be decided under the Agreement.   
The EPA Council established under Article 104 is the main institutional body of the Agreement 
and is responsible, among others, for the operation and implementation of t he Agreement, the 
examination of any major issue arising within the framework of the Agreement and the examination 
of proposals and  recommendations by the Parties for  the review and amendment of the Agreement. 
 
26 See Section 3.4.2.3 above.  WT/REG417/1  
 
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  It is composed of representatives of the Parti es at ministerial level and co -chaired by a representative 
of each Party. It has the power to take decisions which are  binding on the Parties and to adopt 
recommendations from the Committee of Senior Officials in writing by mutual agreement. The EPA 
Counci l shall establish and adopt within six months after the entry into force of the Agreement the 
Rules of Procedure required for the establishment of the Arbitration Panel. It shall meet at regular 
intervals not exceed ing two years and extraordinarily wheneve r circumstances require, in agreement 
by the Parties (Articles 104 -105).  According to the Parties the EPA Council meeting will take place 
later this year. The Rules of Procedure for the Arbitration Panel are currently being agreed.   
A Committee of Senior O fficials is established under Article 106 to assist the EPA Council in 
the performance of its duties, consider reports of the specialised committees  and submit reports and 
recommendations on the implementation of the Agreement to the EPA Council. Its funct ions relate 
to both trade and development. It is composed of Permanent or Principal Secretaries from the EAC 
Partner State(s) and representatives from the UK at Senior Official level and is co -chaired by the 
Parties. The Committee may establish any special  technical groups to deal with specific matters 
falling within its competence.  The Parties are currently planning the Committee of Senior Officials 
meeting.   
An EPA Consultative Committee is established under Article 10 8 to assist the Committee of 
Senior Officials to promote dialogue and cooperation with the private sector and civil society 
organisations. Participation in the EPA Consultative Committee will be decided by the EPA Council, 
upon recommendations from the Committee of Senior  Officials. The Committee shall carry out its 
activities on the basis of consultation by the Committee of Senior Officials or on its own initiative 
and make recommendations to the Committee of Senior Officials.   
4.6  Dispute settlement  
Part VII deals with the avoidance and settlement of any dispute between the Parties 
concerning the interpretation and application of the Agreement in good faith, with the aim of arriving  
at, where possible, a mutually agreed solution  (Article 109) .  
The Parties shall endeavour to resolve any dispute  through consultations (Article  110) and, if 
consultations fail, they have t he option of  pursuing  mediation (Article 111). Consultations shall be 
held within 20 days (as soon as practicable and in any event  within 15 days for matters of urgency) 
of the date of receipt of the request (unless otherwise agreed by the Parties). They shall be deemed 
concluded within 60 days (30 days for urgent matters) of the date of receipt of the request unless 
the Parties agree to continue the consultations . If the requested Party does not respond within ten 
days of the date of receipt of the request , if consultations are not held within the relevant 
timeframes , or if no agreement is reached when the consultations end, either Party may request 
settlement of the dispute through arbitration.  The Parties may also seek recourse through mediation 
under Article 111, but this is not a required step before going to arbitration.  
The complaining Party can give notice to initiate the procedure for the establishment of an 
arbitration panel under Article 112. Such notice must be made  in writing to the Party complained 
against and to the Committee of Senior Officials. The arbitration panel , composed of three 
arbitrators , will issue to the Parties an interim report containin g its findings and conclusions, within 
90 days from its date of establish ment as a general rule  (Article 114). The Parties may submit their 
written comments to the arbitration panel within 15 days of the notification of the report. The 
Arbitration panel ruling must be notified to the Parties and the Committee of Senior Officials within 
120 days from the date of the panel's establishment. It  shall include recommendations as to how 
the Party complained against could bring itself into compl iance (Article 115). The  Party complained 
against must notify the complaining Party and the Committee of Senior Officials before the end of a 
reasonable period of time of any measure that it has taken to comply with the arbitration panel 
ruling (Article 11 6). In case of disagreement as to whether the Party complained against has 
complied with the ruling, either Party may request in writing the arbitration panel to rule on the 
matter. The panel will endeavour to notify its ruling within 45 days of the date o f the submission  of 
the request, or 30 days for urgent cases including those involving perishable and seasonal goods. 
In case of non -compliance by the Party complained against, the complaining Party is entitled, upon 
notification to the other Party, to ado pt appropriate measures or to request the Party complained 
against to provide an offer for temporary compensation. These compensation or appropriate 
retaliatory measures shall be temporary (Article 117).  The Party complained against must notify the 
other P arty and the Committee of Senior Officials of any measure it has taken to comply with the WT/REG417/1  
 
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  ruling of the arbitration panel and of its request for an end to application of appropriate measures 
by the complaining Party. In case of disagreement between the Par ties on the compatibility of the 
notified measure, the complaining Party can request in writing the arbitration panel to rule on the 
matter. If the arbitration panel rules that the measure taken to comply is not in conformity, it will 
determine whether the  complaining Party can continue to apply appropriate measures. If it rules 
that the measure taken to comply is in conformity, the appropriate measures must be terminated 
immediately following the date of the ruling (Article 118).  The arbitration panel ruli ng is final and 
binding on Parties (Article  124).  
Recourse to dispute settlement under the Agreement is without prejudice to the Parties ' 
actions within the WTO framework . Once a Party has initiated a dispute settlement proceeding either 
under the Agreemen t or under the WTO Agreement, with respect to a particular measure, it may 
not initiate a proceeding on the same measure in the other forum until the first proceeding has 
ended. In addition, a Party must not seek redress for the breach of an obligation whi ch is identical 
under the Agreement and under the WTO Agreement in the two fora, unless the for um selected fails 
to make findings for procedural or jurisdictional reasons . The Agreement shall not preclude a Party 
from implementing the suspension of obligat ions author ized by the Dispute Settlement Body of the 
WTO and conversely , the WTO Agreement shall not preclude a Party from suspending obligations 
under the Agreement  (Article 126).  
4.7  Relationship with other agreements concluded by the parties  
As indicated, the Agreement is based on the  Economic Partnership Agreement between the 
East African Community Partner States and the European Union (the EAC -EU EPA), which is not 
currently in force. Table 4.1 lists all RTAs in force (in addition to the Agreement) to whi ch the UK 
and Kenya are party, both notified and not notified.  
Table 4. 1: United Kingdom and Kenya: participation in other RTAs (notified and non -
notified in force), as of 28 June  2022  
RTA Name  Entry into 
forcea Coverage  GATT/WTO Notification  
Year WTO Provision  
UNITED KINGDOM  
United Kingdom - Iceland, 
Liechtenstein and Norway  01-Dec-21 Goods & Services  2021 GATT Art. XXIV & GATS Art. V  
United Kingdom - Mexico  01-Jun-21 Goods & Services  2021 GATT Art. XXIV & GATS Art. V  
United Kingdom - Serbia  20-May-21 Goods & Services  2021 GATT Art. XXIV & GATS Art. V  
United Kingdom - Albania  03-May-21 Goods & Services  2021 GATT Art. XXIV & GATS Art. V  
United Kingdom - Jordan  01-May-21 Goods  2021 GATT Art. XXIV  
United Kingdom - Ghana  05-Mar-21 Goods  2021 GATT Art. XXIV  
EU - United Kingdom  01-Jan-21 Goods & Services  2021 GATT Art. XXIV & GATS Art. V  
United Kingdom - Cameroon  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Canada  01-Jan-21 
01-Apr-21 Goods  
Services  2021 GATT Art. XXIV  
GATS Art. V  
United Kingdom - CARIFORUM  
States  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Central 
America  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Chile 01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Colombia  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Côte 
d'Ivoire  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Eastern and 
Southern Africa States  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Ecuador and 
Peru 01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Egypt  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Faroe 
Islands  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Georgia  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Israel  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Japan  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Kosovob 01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Lebanon  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Morocco  01-Jan-21 Goods  2020 GATT Art. XXIV  WT/REG417/1  
 
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  RTA Name  Entry into 
forcea Coverage  GATT/WTO Notification  
Year WTO Provision  
United Kingdom - North 
Macedonia  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Norway and 
Iceland  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Pacific 
States  01-Jan-21 Goods  2020 GATT Art. XXIV  
• United Kingdom - Pacific 
States - Accession of Samoa  01-Jan-21 Goods  2020 GATT Art. XXIV  
• United Kingdom - Pacific 
States - Accession of 
Solomon Islands  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Palestine  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Republic of 
Korea  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Republic of 
Moldova  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - SACU and 
Mozambique  01-Jan-21 Goods  2021 GATT Art. XXIV  
United Kingdom - Singapore  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Switzerland 
- Liechtenstein  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Tunisia  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Türkiye  01-Jan-21 Goods  2020 GATT Art. XXIV  
United Kingdom - Ukraine  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
United Kingdom - Viet Nam  01-Jan-21 Goods & Services  2020 GATT Art. XXIV & GATS Art. V  
KENYA  
East African Community (EAC)  07-Jul-00 
01-Jul-10 Goods  
Services  2000 
2012 Enabling Clause  
GATS Art.V  
• EAC - Accession of Burundi 
and Rwanda  01-Jul-07 Goods  2012 Enabling Clause  
• EAC - Accession of South 
Sudan  n.a. Goods & Services  Not notified  
Common Market for Eastern 
and Southern Africa 
(COMESA)  08-Dec-94 Goods  1995 Enabling Clause  
• COMESA - Accession of 
Egypt  17-Feb-99 Goods  2017 Enabling Clause  
• COMESA - Accession of 
Seychelles  11-May-09 Goods  2022 Enabling Clause  
• COMESA - Accession of 
Djibouti  21-Dec-81 Goods  Not notified  
• COMESA - Accession of 
Libya 03-Jan-05 Goods  Not notified  
• COMESA - Accession of 
Madagascar  21-Dec-81 Goods  Not notified  
• COMESA - Accession of 
Somalia  n.a. Goods  Not notified  
• COMESA - Accession of 
Tunisia  18-Apr-18 Goods  Not notified  
African Continental Free Trade 
Area (AfCFTA)  30-May-19 Goods  Not notified  
n.a.: not available.  
a Dates of the first entry into force/provisional application for at least one of the Parties. Where dates 
of provisional application have been provided by the Parties, further notifications to confirm the 
dates of entry into  force are awaited.  
 
b Reference to Kosovo in this table shall be understood to be in the context of the United Nations 
Security Council resolution 1244 (1999).  
Source:  WTO Secretariat. Further information on these Agreements and on specific dates of entry into 
force/provisional applications may be found in the WTO Database on RTAs: http://rtais.wto.org . 
 WT/REG417/1  
 
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  4.8  Government procurement  
The Agreement does not contain specific provisions on government procurement. However,  a 
rendez -vous clause provi des that, within five years upon its entry into force, the Parties undertake 
to conclude negotiations on transparency in public pro curement (Article 3(b)  (v)). 
4.9  Intellectual property rights  
The Agreement does not contain specific provisions relating to intellectual property rights. 
However, a rendez -vous clause provides that, within five years upon the Agreement 's entry into 
force, the  Parties undertake to conclude negotiations on intellectual property rights (Article 3(b)  
(iv)). 
Furthermore,  the Parties agree to cooperate on the identification, recognition and registration 
of products that could benefit from protection as GIs and any o ther action aimed at achieving 
protection for identified products  (Article 74 ). 
In relation to inland fisheries and aquaculture development, the Parties commit to cooperate 
in the area of legal and regulatory framework through the: development of appropria te legal and 
regulatory instruments on intellectual property rights and building capacity for their implementation 
in international trade; and protection of eco -labelling and intellectual property (Article 89).  
Under the general exception clause in Articl e 128, nothing in the Agreement shall be construed 
to prevent the adoption or enforcement of measures necessary to secure compliance with laws or 
regulations relating to the protection of patents, trademarks and copyrights, which are not 
inconsistent with the provisions of the Agreement.  
4.10  Environment  
In its rendez -vous clause, the Agreement provides that, within five years upon its entry into 
force, the Parties undertake to conclude negotiations on trade, environment and sustainable 
development (Article 3(b)  (iii)). 
Various  provisions of the Agreement refer to the environment . Article 14  on export duties and 
taxes states  that, a fter notifying the UK, the EAC  Partner State(s) can impose a temporary duty or 
tax in connection with the exportation of goods in certain circumstances, including to protect the 
environment.  In Article 42 dealing with standards, the Parties reaffirm their rights and obligations 
under t he WTO TBT Agreement, while taking account of their rights and commitments under other 
international arrangements to which they are both parties, including those relating to the protection 
of environment and biodiversity.  Several  provisions in Part III (Fi sheries) and Part IV (Agriculture) 
underline the need for the Parties to take into account economic, environmental and social impacts , 
environmentally friendly and sustainable technologies  or environmental conservation . 
In Part V , Title V  (Articles 90 to 9 2), the Parties agree that w ater, environment and biodiversity 
are among the ir targeted  areas of economic and development cooperation.  Article 92 in particular 
specifies that the objectives of cooperation on the environment are to: (a) protect, restore and  
conserve the environment and biodiversity; (b) develop industries of the EAC Partner State(s) that 
use environmentally friendly technologies; and (c) promote technology development, transfer and 
application, research and development, innovation and inform ation exchange.  
4.11  Labour  
In its rendez -vous clause, the Agreement provides that, within five years upon its entry into 
force, the Parties undertake to conclude negotiations on trade, environment and sustainable 
development (Article 3(b)  (iii)). 
There are no  further  specific provisions concerning labour in the Agreement  although several  
provisions underline the need for the Parties to take into account social impacts  and promote 
livelihood security.  Moreover, the Parties recogniz e that the implementation of th e Agreement may 
be challenging for the EAC Partner State(s)  and the UK agrees to work with the EAC Partner State(s) 
to undertake appropriate cooperation activities aiming inter alia  at improving the productive and WT/REG417/1  
 
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  professional capacities of the workforce of the EAC Partner State(s) including training of workers 
displaced due to  closure of firms or equipping them with new skills for new activities etc. 
(Article 100). 
4.12  Electronic commerce  
There are no specific provisio ns directly relating  to e-commerce or digital trade in the 
Agreement.  
However, u nder Part V (Economic and development cooperation), cooperation between 
Parties in the Information and Communication Technologies (ICT) sector shall include the 
development of ICT, competitiveness, innovation and the smooth transition towards the information 
society. The objectives in this area are to develop the ICT sector and enhance the contribution of 
ICT in facilitation of trade through e -services, e -commerce, e -government,  e-health, secure 
transactions and other socio -economic sectors. A number of areas for cooperation have been 
identified in Article 81. They include areas relating to ICT connectivity and cost effectiveness at the 
national, regional and global levels; disse mination of new ICT; development of the legal and 
regulatory frameworks on ICT; technology development, transfer and applications, R&D, innovation, 
information exchange and networks, and marketing; capacity building in human resources, 
improvement in servi ce standards, and institutional structures; partnerships, linkages and joint 
ventures between economic operators; and promotion and support for the development of niche 
markets for ICT -enabled services.  
4.13  Small and medium -sized enterprises  
Various provision s of the Agreement mention the promotion of small -scale activities  in the 
EAC Partner State(s) , such as small scale fisheries and small scale farmers, through capacity building 
of farmers ' organisations, exchang ing information on investment opportunities a nd incentives, 
developing relevant policy measures to support availability of adequate agricultural inputs to small 
scale farmers on a timely basis and  strengthening rural financial services for small -scale producers, 
processors and traders.  In Part V (Eco nomic and development cooperation), the Parties agree to 
cooperate on enterprise development within the EAC Partner State(s) through inter alia  supporting  
the promotion of EAC -UK private sector business dialogue, cooperation and partnerships;  efforts  on 
micro, small and medium size enterprises (MSME) promotion and integration into the mainstream 
business activities; and the  promotion of a favourable environment for the development and growth 
of MSMEs  (Article 86). The Parties agree to cooperate to promote investments within the EAC Partner 
States including supporting the establishment of financial frameworks and instruments adapted to 
investment needs of SMEs (Article 85).  
4.14  Other  
4.14.1   Cooperation  
Under Part V (Economic and development cooperation), the Parties re affirm that development 
cooperation is a core element of their Partnership and they commit to cooperate in order to facilitate 
the implementation of the Agreement and to support regional integration and development 
strategies. Cooperation shall include non -financial support to the EAC Partner State(s) as well as 
financial support, including assistance provided through multilateral and regional organisations. The 
Parties agree that the cooperation provisions in the Agreement do not create any obligations on the 
UK to provide financial or non -financial support in any specific area identified. UK financing for 
development cooperation shall be consistent with the objectives and principles of the Joint Statement 
of the Parties on the Objectives and Essential and Fundamental Elements of this Agreement as set 
out at Annex III. This will be primarily guided by the principles of the internationally agreed aid 
effectiveness agenda and the UK Partnership Principles, and aims to reduce poverty and achieve the 
Sustainable  Development Goals. Consistent with the Paris Declaration on Aid Effectiveness adopted 
in 2005, the Parties agree to use and support , as appropriate , nationally and/or regionally owned 
delivery mechanisms, funds or facilities for channelling and coordinati ng resources for the 
implementation of th e Agreement (Article 75).  
Economic and development cooperation shall aim at enhancing the competitiveness of the 
EAC Partner State(s); building up supply capacity and enabling the smooth implementation of th e WT/REG417/1  
 
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  Agreem ent; transforming the structure of the EAC Partner State(s) ' economies through enhancing 
production, distribution, transport, marketing; developing capacity for trade and  to attract 
investment; strengthening trade, investment policies and regulations; and deepening regional 
integration (Article 76).  
The Agreement lists priority areas for cooperation which are reviewed in detail in Titles I to X 
of Part V. The sectors of cooperation identified are:  (a) infrastructure including transport, energy,  
information and communications technology ; (b) agriculture and livestock including productive 
insects; (c) private sector development, including investment promotion and enterprise 
development; (d) fisheries covering marine and inland fisheries and aquacul ture; (e) water and 
environment; (f) market access issues: SPS measures; TBT; and customs and trade facilitation in 
the EAC Partner State(s); (g) EPA adjustment measures; and (h) mobilisation of resources.  WT/REG417/1  
 
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  ANNEX  1 
1. Tables  A1.1-A1.2 present the Parties' tariff elimination schedule s by total, agricultural (HS 
Chapters 01 -24) and industrial  products  (HS Chapters 25 -97).  
2. Table A1.1 provides a comparison between MFN rates applied by Kenya to imports from the 
UK in 2020, at the entry into force of th e Agreement , and preferential tariff rates applied by Kenya 
as part of its scheduled programme of elimination of tariffs under the Agreement. Kenya 's average 
applied MFN rate in 20 20 was 13.6% (22.8% and 11.6% for agricultural and industrial products, 
respectively) . Some 36.6% of the tariff was duty free for imports from MFN sources (7.9% for 
agriculture and 42.5% for industrial products). From 2021 to 2027, Kenya's applied tariff for imports 
from the UK will decline to 12. 7% overall and to 22.2% and 10. 7%, respectively, for agricultural 
and industrial products. The share of duty -free lines applicable to imports from the UK  in 2027 will 
be 37% overall, 8.1% for agricultural products and 43% for industrial  products. This will give 
exporters from the UK a relative margin of preference of 6.6% overall and respectively 2.6% and 
7.7% for agricultural and industrial products. By 2031, ten years after implementation, the share of 
duty-free lines for imp orts from the UK is expected to remain unchanged. At the end of the 
implementation period in 20 46, UK exporters will face zero duties on 73.9% of Kenya 's tariff ( 52.8% 
for agricultural products and 78.3% for industrial  products).   
Table A1.1 Kenya:  Indicat ors of MFN tariff rates and preferential rates for imports from 
the United Kingdom  
Origin 
of 
goods  Year  ALL PRODUCTS  HS Chapters 1 -24 HS Chapters 25 -97 
Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff  Share of 
duty-free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2020 13.6 21.4 36.6 22.8 24.7 7.9 11.6 20.3 42.5 
UK 2021-
2027 12.7 20.1 37.0 22.2 24.1 8.1 10.7 18.8 43.0 
 2028 12.3 19.5 37.0 22.0 23.9 8.1 10.3 18.0 43.0 
 2029 12.1 19.2 37.0 21.9 23.8 8.1 10.1 17.7 43.0 
 2030 11.9 18.9 37.0 21.8 23.7 8.1 9.9 17.3 43.0 
 2031 11.7 18.6 37.0 21.7 23.6 8.1 9.7 16.9 43.0 
 2032 11.5 18.3 37.0 21.6 23.5 8.1 9.4 16.6 43.0 
 2033 11.1 17.7 37.0 21.1 23.0 8.1 9.1 15.9 43.0 
 2034 10.7 17.0 37.0 20.6 22.4 8.1 8.7 15.2 43.0 
 2035 10.3 16.4 37.0 20.0 21.8 8.1 8.3 14.5 43.0 
 2036 9.9 22.5 55.9 19.5 23.6 17.4 7.9 21.9 63.9 
 2037 9.5 21.5 55.9 18.6 22.5 17.4 7.6 21.0 63.9 
 2038 9.2 21.0 55.9 18.2 22.0 17.4 7.4 20.5 63.9 
 2039 9.0 20.5 55.9 17.7 21.5 17.4 7.2 20.0 63.9 
 2040 8.6 19.5 55.9 16.8 20.4 17.4 6.9 19.0 63.9 
 2041 8.1 18.5 55.9 15.9 19.3 17.4 6.5 18.1 63.4 
 2042 7.7 17.5 55.9 15.1 18.2 17.4 6.2 17.1 63.9 
 2043 7.2 16.5 55.9 14.2 17.2 17.4 5.8 16.1 63.9 
 2044 6.8 15.5 55.9 13.3 16.1 17.4 5.4 15.1 63.9 
 2045-
2046 6.3 24.3 73.9 12.4 26.3 52.8 5.1 23.4 78.3 
Note:  MFN 2020 is the latest available data for Kenya in the WTO -IDB. 
Source:  WTO estimates based on data provided by the Kenyan authorities.  
 
3. The UK's MFN applied tariff in 2021 averaged 3.8% overall ; the average rate for agricultural 
products at 8.8% is considerably higher than for industrial products at 2.5%. Around 47% of the 
tariff is duty free on an MFN basis, 18.8% for agricultural products and 57.1% for industrial products. WT/REG417/1  
 
- 30 - 
 
  Upon entry into force of the Agreement the overall applied tariff for imports from Kenya fell to 
0.003%, zero for agriculture and 0.004% for indu strial products. As a result this will give Kenyan 
exporters a relative margin of preference of 99.9% overall, 100% for agricultural products and 
99.8% for industrial products.  
Table A1. 2 United Kingdom : Indicators of MFN tariff rates and preferential rates for 
imports from Kenya  
Origin of 
goods  Year ALL PRODUCTS  HS Chapters 01 -24 HS Chapters 25 -97 
Average 
applied tariff  Share of 
duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share 
of duty-
free 
tariff 
lines 
(%) Average 
applied tariff  Share of 
duty-free 
tariff lines 
(%) Overal
l (%)  
On 
dutiab
le (%)  
Overal
l (%)  
On 
dutiab
le (%)  
Overal
l (%)  
On 
dutiab
le (%)  
MFN 2021 3.8 7.8 47.0 8.9 12.0 18.8 2.5 5.8 57.1 
Kenya  2021  0.003 2.0 99.8 0.0 0.0 100.0  0.004 2.0 99.8 
Note:  Tariff lines subject to in -quota rates are excluded in the computation. For the calculation of 
averages, specific rates are excluded, and the ad valorem  part of alternate rates are included.  
 For the tariff lines subjec t to seasonal duties, the average rate for the entire year is used for the 
calculation. The products classified beyond the HS 8 -digit level are counted once and their tariff 
rates are averaged to the 8 -digit level.  
Source:  WTO estimates based on data prov ided by the UK.  
4. Table A 1.3 shows market access opportunities for the UK 's top 25 exports in the Kenyan 
market. These exports, which covered 58 lines at the HS 6-digit level, accounted for 38.4% of the 
UK's global exports in 2018-2020. Of these lines, 38 were already duty -free on an MFN basis in 20 20 
when the Agreement  entered into force . Duties on five lines will be removed by 2036, while the 
tariffs on one and seven lines will be removed  respectively in 2044 and  by 2045. Seven lines 
(covering motor cars and whiskies)  will remain dutiable  once the Agreement is fully implemented; 
the MFN applied rate in 2020 ranged from 10.4% to 25% .  
Table A1. 3 Kenya : Market access opportunities under the Agreement for the United 
Kingdom 's top 25 expor ts to the world  
United Kingdom's top export products  
in 2018 - 2020   Access Conditions to Kenya 's 
import markets  
HS number and description of the product  
Share in global 
exports (%)  MFN 202 0  
Duty -
free in  
Remain dutiable  Avg. MFN 
applied 
rate (%) Number 
of lines  
2036  
2044  
2045  duty
-free  
duti-
able 
710813  Gold, incl. gold plated with platinum, in 
semi-manufactured forms, for non -monetary 
purposes  5.6 25.0  1   1  
270900  Petroleum oils and oils obtained from 
bituminous minerals, crude  4.9 0.0 1      
300490  Medicaments consisting of mixed or unmixed 
products for therapeutic or prophylactic 
purposes  3.2 0.0 1      
880330  Parts of aeroplanes or helicopters, n.e.s.  2.9 0.0 1      
841112  Turbojets of a thrust > 25 kn  2.6 0.0 1      
870323  Motor cars and other motor vehicles 
principally designed for the transport of <10 
persons, of a cylinder capacity > 1.500 cm³ 
but <= 3.000  cm³ 2.4 12.5 1 1    1 
841191  Parts of turbojets or turbopropellers, n.e.s.  2.1 0.0 1      WT/REG417/1  
 
- 31 - 
 
  United Kingdom's top export products  
in 2018 - 2020   Access Conditions to Kenya 's 
import markets  
HS number and description of the product  
Share in global 
exports (%)  MFN 202 0  
Duty -
free in  
Remain dutiable  Avg. MFN 
applied 
rate (%) Number 
of lines  
2036  
2044  
2045  duty
-free  
duti-
able 
870324  Motor cars and other motor vehicles 
principally designed for the transport of<10 
persons, of a cylinder capacity>3.000 cm³  1.7 12.5 1 1    1 
220830  Whiskies  1.3 25.0  1    1 
271012  Light oils and preparations  1.3 0.0 6      
970110  Paintings, e.g. oil paintings, watercolours 
and pastels, and drawings executed entirely 
by hand  1.3 25.0  1   1  
870322  Motor cars and other motor vehicles 
principally designed for the transport of <10 
persons, of a cylinder capacity > 1.000 cm³ 
but <= 1.500  cm³ 1.2 12.5 1 1    1 
711319  Articles of jewellery and parts thereof, of 
precious metal other than silver  1.0 25.0  1   1  
271019  Medium oils and preparations, of petroleum 
or bituminous minerals, not containing 
biodiesel, n.e.s.  1.0 5.5 13 6 3  3  
870332  Motor cars and other motor vehicles 
principally designed for the transport of <10 
persons, of a cylinder capacity > 1.500 cm³ 
but <= 2.500  cm³ 0.7 12.5 1 1    1 
300220  Vaccines for human medicine  0.6 0.0 1      
870340*  Motor cars and other motor vehicles 
principally designed for the transport of <10 
persons, of a cylinder capacity > 1.500 cm³ 
but <= 2.500  cm³ 0.6 10.4 3 2  1  1 
711021  Palladium, unwrought or in powder form  0.6 25.0  1   1  
300215*  Immunological products, for retail sale  0.6 0.0 1      
851762  Machines for the reception, conversion and 
transmission or regeneration of voice, 
images or other data  0.6 0.0 1      
382200  Diagnostic or laboratory reagents on a 
backing, prepared diagnostic or laboratory 
reagents  0.5 0.0 1      
490199  Printed books, brochures and similar printed 
matter  0.5 0.0 1      
870333  Motor cars and other motor vehicles 
principally designed for the transport of <10 
persons, incl. station wagons and racing 
cars, with only diesel engine of a cylinder 
capacity > 2.500  cm³  0.5 12.5 1 1    1 
840890  Compression -ignition internal combustion 
piston engine "diesel or semi -diesel engine"  0.4 5.0 1 1 1    
870899  Parts and accessories, for tractors, motor 
vehicles for the transport of ten or more 
persons  0.4 10.0  1 1    
 Total of above  38.4  38 20 5  
1 7 7 
* HS 2012 equivalent: 300215(HS 2017) =300210(HS 2012); 870340(HS2017) =870321 to 870324 
and 870390 . 
Notes: MFN 2020 is the latest available data for Kenya in the WTO -IDB. Based on the HS 2017 
nomenclature .  
Source:  WTO estimates based on the data provided by the Kenyan and the UK authorities.  WT/REG417/1  
 
- 32 - 
 
  5. Table A1.4 shows market access opportunities for Kenya 's top 25 goods in the UK market. 
These products accounted for 61.6% of its world exports in 2018-2020 and covered 99 tariff lines 
at the HS 6-digit level. Of these lines, 28 were already duty free on a n MFN basis  in 2020. For the 
remaining 71 lines, duties  were bound to zero when the Agreement entered into force .  
Table A1. 4 United Kingdom : Market access o pportunities under the Agreement for 
Kenya 's top 25 exports to the world  
Kenya's top export products  
in 2018 -20 Access Conditions to UK's markets  
HS number and description  Share 
in 
global 
exports 
(%) MFN 2021  No. of 
duty  
free  
lines 
under the 
agree - 
ment  
Remain 
Dutiable  Avg. 
Tariff 
(%) No. of 
duty-
free 
lines  No. of 
dutia -
ble 
lines  
2021  
090240  Black fermented tea and partly 
fermented tea  20.4 0.0 1    
060311  Fresh cut roses and buds  8.0 8.0  1 1  
271019  Medium oils and preparations  6.8 1.2 12 13 13  
090111  Coffee  3.5 0.0 1    
261400  Titanium ores and concentrates  2.5 0.0 1    
080440  Fresh or dried avocados  1.9 4.0  1 1  
060319  Fresh cut flowers and buds  1.5 8.0  3 3  
300490  Medicaments  1.4 0.0 1    
240220  Cigarettes  1.2 30.0  2 2  
080262  Fresh or dried macadamia nuts  1.2 2.0  1 1  
070999  Fresh or chilled vegetables  1.2 8.8  6 6  
151110  Crude palm oil  1.0 1.0 1 1 1  
620342  Men's or boys' trousers, bib and 
brace overalls, breeches and shorts  1.0 12.0  7 7  
283620  Disodium carbonate  1.0 4.0  1 1  
200820  Pineapples  0.9 21.1  9 9  
060210  Unrooted cuttings and slips  0.9 0.0 2    
210690  Food preparations  0.9 12.0  7 7  
721070  Flat products of iron or non -alloy 
steel 0.9 0.0 2    
071090  Mixtures of vegetables  0.8 14.0  1 1  
340119  Soap and organic surface -active 
products and preparations  0.8 0.0 1    
261510  Zirconium ores and concentrates  0.8 0.0 1    
620463  Women's or girls' trousers, bib and 
brace overalls, breeches and shorts  0.7 12.0  5 5  
020450  Fresh, chilled or frozen meat of goats  0.7 12.0  12 12  
070820  Fresh or chilled beans "vigna spp., 
phaseolus spp."  0.7 10.0  1 1  
250100  Salts 0.7 0.0 5    
Total of above  61.6 6.4 28 71 71 - 
Note:  Tariff lines subject to in -quota rates are excluded in the computation. For the calculation of 
averages, specific rates are excluded, and the ad valorem  part of alternate rates are included.  
 For the tariff lines subject to seasonal duties, the average rate for the entire year is used for the 
calculation. The products classified beyond the HS 8 -digit level are counted once and their tariff 
rates are averaged to the 8 -digit level.  
Source:  WTO estimates based on data provided by UK and UNSD Comtra de Database . 
 
__________