WT/TPR/M/384/Add.1  
20 May 2019  
(19-3472) Page: 1/156 
Trade Policy Review Body  
20 and 22 March 2019  Original: English/anglais/inglés  
 
  
TRADE POLICY REVIEW  
EAST AFRICAN COMMUNITY  
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Eloi Laorou (Benin)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  EAC member countries.1 
 
 
Organe d'examen des politiques commerciales  
20 et 22 mars 2019  
EXAMEN DES POLITIQUE S COMMERCIALES  
COMMUNAUTÉ DE L 'AFRIQUE DE L 'EST 
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président : S.E.  M. Eloi Laorou (Bénin)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  les pays membres 
de la CAE .1 
 
 
Órgano de Examen de las Políticas Comerciales  
20 y 22 de marzo de 2019  
EXAMEN DE LAS POLÍTI CAS COMERCIALES  
COMUNIDAD DE ÁFRICA ORIENTAL   
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Eloi Laorou (Benin)  
En el presente documento figuran las preguntas presentadas  anticipadamente por escrito  y 
las preguntas adicionales de los Miembros de la OMC,  así como las respues tas facilitadas por  los 
países miembros de la CAO .1 
  
                                                
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/384/Add.1  
 
- 2 - 
 
Contents  
REPLIES COMPILED BY THE EAC SECRETARIAT  ................................ ...................  3 
ICELAND  ................................ ................................ ................................ .............  3 
UNITED STATES  ................................ ................................ ................................  13 
THAILAND  ................................ ................................ ................................ .........  31 
CHINA  ................................ ................................ ................................ ...............  33 
UKRAINE  ................................ ................................ ................................ ...........  35 
COLOMBIA  ................................ ................................ ................................ ........  48 
ARGENTINA  ................................ ................................ ................................ ....... 52 
BRAZIL  ................................ ................................ ................................ ..............  53 
EUROPEAN UNION  ................................ ................................ ............................  54 
JAPAN  ................................ ................................ ................................ ...............  89 
AUSTRALIA  ................................ ................................ ................................ ....... 90 
INDONESIA  ................................ ................................ ................................ ..... 100  
KOREA, REP. OF  ................................ ................................ ..............................  103  
TURKEY  ................................ ................................ ................................ ...........  105  
CHINA (follow -up questions)  ................................ ................................ ..........  108  
EUROPEAN UNION (follow -up questions)  ................................ .......................  110  
UNITED STATES (follow -up questions)  ................................ ...........................  111  
REPLIES BY UGANDA  ................................ ................................ ......................  113  
ICELAND  ................................ ................................ ................................ .........  113  
CANADA  ................................ ................................ ................................ ..........  115  
UNITED STATES  ................................ ................................ ..............................  116  
UKRAINE  ................................ ................................ ................................ .........  117  
ARGENTINA  ................................ ................................ ................................ ..... 120  
EUROPEAN UNION  ................................ ................................ ..........................  121  
JAPAN  ................................ ................................ ................................ .............  125  
AUSTRALIA  ................................ ................................ ................................ ..... 126  
THAILAND  ................................ ................................ ................................ ....... 127  
KOREA, REP. OF  ................................ ................................ ..............................  128  
TURKEY  ................................ ................................ ................................ ...........  129  
REPLIES BY T ANZANIA  ................................ ................................ ...................  130  
REPLIES BY KENYA  ................................ ................................ .........................  151  
UNITED STATES  ................................ ................................ ..............................  151  
EUROPEAN UNION  ................................ ................................ ..........................  153  
TURKEY  ................................ ................................ ................................ ...........  154  
CHINA  ................................ ................................ ................................ .............  154   WT/TPR/M/384/Add.1  
 
- 3 - REPLIES COMPILED BY THE EAC SECRETARIAT  
WTO Member  Questions  Responses  
ICELAND  The report of the East African Community highlight gender equality 
as one of the emphasis of Rwanda 's guiding policy document, 
Vision 2020 which now is being developed for providing the vision 
for 2050. Rwanda is a champion for gender equality,  so Iceland 
would like to ask Rwanda to inform if there are particular projects 
aimed at women 's economic empowe rment and increasing 
women 's participation in trade. If so, could Rwanda provide 
information on the content of the projects, the results so far and 
what have been the lessons learned in Rwanda?  
 The Constitution of Republic of Rwanda of 2003 revised in 20 15 enshrines the 
principle of Gender equality and women 's rights and provides the minimum 
30% quota for women in all decision -making positions . All Rwandans are born 
and remain equal in rights and freedoms. Any form of discrimination is 
prohibited and puni shable by law . 
 
The table below shows example of women in Leadership, Politics and Decision -
Making Gender Indicators in Rwanda . 
 
Indicator  Total  Female (%)  Male (%)  
Quantitative Indicators     
Proportion of seats held by 
women  in national Parliament  80 61.3 39.7 
Proportion of women  in 
government ministerial positions  26 50 50 
Proportion of women  in Local 
Government  District 
Councils 
members  45.2 54.8 
 
In addition to the above indicators, all conditions relating to conducting trade 
in Rwanda are conducive to both men and women. The following examples 
illustrates the equal rights that are being exercised in doing businesses in 
Rwanda:  
• Starting Business: cost & time for staring business in Rwanda are 
the same;  
• Registering property: Rwanda  men and wo men have equal 
ownership right to property;  
• Enforcing contracts: a woman 's testimony in court carries the same 
evidentiary weight in court as men.  
Iceland would like to ask all of the EAC countries the following 
questions:  
What is the participation of women in the economy in the EAC 
countries?   Women constitute over 60 % of the EAC population.  
 
The participation of Women in the EAC economies is guided by the 
commitments at the international and regional levels.  
• At the International level , all EAC Partner  States have ratified the 
convention on the elimination of all forms of discrimination against 
women (CEDAW) and the protocol to the African Charter on the 
human and Peoples Rights on the Rights of Women in Africa (Maputo 
Protocol)  
• At the regional level  the EAC has enacted a Gender Equality and 
Development Bill (2018) and the EAC Treaty also provides for 
mainstreaming of gender in all aspects of the community in addition 
to developing policies and programmes to promote gender equality.   WT/TPR/M/384/Add.1  
 
- 4 - WTO Member  Questions  Responses  
• National level  all EA C Partner States recognise non -discrimination 
and gender equality in their constitutions and recognise gender issues 
in national development strategies.  Some of the EAC Partner States 
have already mainstreamed gender in their trade programmes 
through estab lishing gender desks at the Ministries/Departments 
responsible for Trade matters and undertaken gender -related 
capacity -building mechanisms.  
• In regard to trade policy , Kenya (2017), Rwanda (2010) and 
Tanzania (2003) make reference to gender in their natio nal trade 
policy documents, while Uganda 's export development strategy 
includes gender considerations.  
 
The World Economic Forum Global Gender Gap Report posts a good picture of 
the participation of some EAC Partner States in their respective economies.  
 
Kenya:  
Kenya 's socio -economic development frameworks provide mechanisms for 
gender inclusivity. There are specific iniatives geared towards enhancing the 
participation of women in the economy. These include affirmative action fund 
such as  Women Enterprise Fund, Uwezo Fund and 30% access to goverment 
procurement opportunities by women and Youth.This iniatives are meant to 
encourage women entrepreneurship.  
 
Tanzania:  
Tanzania has been at the forefront of creating a Positive Legal Framework and 
Political Conte xt for Gender Equality. Women's important contribution to 
economic activity in Tanzania is well recognized.  
In the 2018 World Economic Forum Global Gender Gap report Tanzania was 
ranked number 72 globally, out of 149 countries, in terms of women 's 
economic  participation. Both government and civil society articulate the 
importance of gender equality, and numerous policies and strategies identify 
the need for continued progress. As part of its commitment to achieving the 
Millennium Development Goals (MDGs), e specially MDG 3, relating to promote 
gender equality and empowerment women.  
 
Tanzania Five Year Development Plan has recognized economic empowerment 
for women as one of the important factors for rapid social and economic 
development in the country. In addi tion Tanzania has developed National 
Strategy for Gender Development which spells out various strategies for 
gender development including women economic empowerment in the country.  
 
Rwanda:  
Women are the most active traders along Rwanda 's borders (74% of t raders).  
High Cost and time of crossing the border  
✓ Ineffective border cooperation;   WT/TPR/M/384/Add.1  
 
- 5 - WTO Member  Questions  Responses  
✓ inadequate or unsuitable infrastructure which is not designed to cross 
border trade opportunities; lack of information, skills  
✓ Finance/  Access to Finance  which would not allow women traders to 
better realize  opportunities in neighboring  countries  
Poor Market and Transport Infrastructure and inadequate storage facilities  
 
Uganda:  
Women are key economic actors in Uganda 's trade and agricultural 
production. Th ey account for 51 per cent of the entire population, constitute 
39% of the gender wage gap in the private sector employment and hold 35% 
of women parliamentary seats. The MasterCard Index of Women 's 
Entrepreneurship (MIWE) report released in March 2018 not ed that Uganda 
has the most entrepreneurial women in the world. The report revealed that 
34.8 percent of businesses in Uganda are owned by women, making it the top 
performing country in the world.  
The Government of Uganda has made significant social and ec onomic progress 
in the last two decades, in ensuring women empowerment and gender 
equality. The Government Commitment has translated in the establishment of 
national gender mechanisms and revision of its legal and policy framework to 
address gender inequal ity and violations of women 's rights. Women Socio -
economic empowerment is recognised in the Constitution, the National 
Development Plan 1&2, the national sector policies and strategies. Support to 
women cross border traders under the simplified trade regim e and cross 
border trade Association.  So far, 18 border markets constructed facilitate 
women engaged in cross border trade.  In partnership with EASSI, Government 
has established a common facility which provides women with information on 
trade and supports them in value addition, including offering various services 
of sorting, weighing, packaging and branding of products.  
Have particular barriers that limit women 's participation in trade 
been identified?  
 Women in the EAC face important constraints:  
• Limited gender -related capacity -building mechanisms (such as 
entrepreneurship and business training, skill development and access 
to finance, etc.)  
• Limited access to market information and opportunities by women 's 
associations and cooperatives.  
• Inadequate  development assistance program mes specifically 
designed so that they could reach small entrepreneurs, many of 
whom are women, in value chains.  
• Non-Tariff Barriers faced by small cross border traders the majority of 
who are women.   
Kenya:  
Yes. Limited acce ss to capital, inadequate entrepreneurial skills and training, 
rapid technological changes   WT/TPR/M/384/Add.1  
 
- 6 - WTO Member  Questions  Responses  
 
Rwanda:  
There are on -going activities to address the barriers above conducted by both 
the Government and non -state actors.  
- Bilateral engagement  with neighbouring co untries to promote trade   
- Create a stronger market links between producers and markets by: 
increasing information available to small producers on export 
opportunities  
- Improving infrastructure and security at the border  
- Enhance access to information through  establishment of Trade Portal 
and Trade Information Desks at the main borders  
- Extension of border  working hours  
- greater access to finance that would  allow small traders to trade in 
higher volumes and increase their profitability  
- Full implementation of COM ESA/EAC Simplified Trade Regime (STR)  
 
Uganda:  
The Government of Uganda has identified barriers limiting women 
participation and has developed gender sensitive policies, strategies that 
empower women entrepreneurs and traders. The challenges being addressed 
include; the limited access to affordable trade finance, lack of collateral and 
economic resources such as land, inadequate business skills, lack of trade 
information, unpaid burdensome domestic work, and cultural 
attitudes/stereotype that attrac t women in low paid jobs, including gender 
roles for girls and women that disadvantage their potential to engage in 
meaningful economic activities.  
Have particular measures been put in place to encourage women 's 
participation in trade and to promote wome n's entrepreneurship, 
or are such measures being developed?  
 EAC Partner States have introduced various gender frameworks  to encourage 
women 's participation in trade and to promote women 's entrepreneurship.  
 
Country level programmes and associations have b een initiated to support 
women 's participation under trade reforms. Major examples include Burundi 's 
Association of women in business, Kenya 's women enterprise fund, Rwanda 's 
chamber of women enterprises, the United Republic of Tanzania 's women 
entrepreneu rship development programme and Uganda 's Women 
entrepreneurship program me. 
 
 At regional level, the EAC is implementing the Simplified Trade Regime (STR) 
which is a special trade policy provision which carves out specific provisions 
for small cross border traders by separating them from the mainstream high -
valued transaction clearances and  allowing the application of simpler customs 
clearance requirements.  The majority of the small cross border traders are 
women.   WT/TPR/M/384/Add.1  
 
- 7 - WTO Member  Questions  Responses  
 
The benefits of the STR include: simplification of processes for both the 
traders and the customs officials for crossing borders with goods; better 
knowledge by the traders about their rights resulting in a reduction of bribes 
to border officials and a reduction in the cases of smuggling goods across 
borders; payment of the correct amount of duties (tax); reduction of reported 
cases of harassment, seizure and loss of goods; reduction in the cost and time 
of clearing goods which has improved ICBT competitiveness, resulting in 
higher profit margins; boosting of trade flows especially agricultural products 
thus enhancing food security and better collection of statistical information of 
the goods.  
 
Kenya  has initiated several funding scheme such as:  
Women enterprise fund, National Goverment aff irmative action fund, ,Youth 
Enterprise Development Fund,Uweso Fund and 30% access to goverment 
procurement opportunities by women and Youth.  
 
Uganda  has a number of policies and legislation to empower women 
entrepreneurs and traders. In addition, the Gove rnment is providing targeted 
support to women through the Uganda Women Entrepreneurship Programme 
(UWEP), popularly known as the Women Fund aimed at improving access to 
financial services for women and equipping them with skills for enterprise 
growth, valu e addition and marketing of their products and services. 
Additional support is needed to uplift women/women cooperatives to trade 
and export beyond the domestic and regional markets.  
Other program mes include Operation wealth creation, the Agricultural 
Insurance scheme that financially support women farmers, traders and 
entreprenuers.  
If so, what have been the challenges and best practices of the 
programmes? What have been the results so far?  
 The main challenges for all EAC Partner States include the following;  
• Traditional patriarchal attitudes that are dominant particularly in rural 
areas against gender equality despite the commitments made by 
Partner States.  
• Limited reach of EAC gender targeted p rogrammes.  
 
The efforts being undertaken to address challenges include;  
• Increasing programme funding to gender related programmes at the 
national and regional levels.  
• Extensive outreach programmes, enhanced collaboration with 
relevant agencies and civil so ciety on implementation of gender 
specific programmes.  
• Other planned measures include introduction of regional funds as a 
leverage effect, build platforms for peer learning and monitor actions 
taken by members toward gender equality.  
 
Program me: Cross -Border Trade Facilitation   WT/TPR/M/384/Add.1  
 
- 8 - WTO Member  Questions  Responses  
Results:  
- Sensiti zation training for border officials on Cross -Border Trade and 
how to facilitate the trad e 
- Bilateral - Actively engage with neighbours on CBT issues, specifically 
to improve conditions for traders and enhance  CBT; 
- Regional - Encourage and support regional initiatives through the 
EAC, COMESA and the CEPGL to improve conditions and simplify 
procedures for CBT;  
- Creating stronger market links in the informal sector ; 
- Construction of CBM  infrastructure that meets the needs of informal 
traders and can accommodate high volumes of trade at strategic 
border crossings ; 
- Supporting small traders, organi ze, scale up and formali ze; 
- Access to finance ; 
- One-Stop Border Posts . 
 
Kenya:  
Challenges: inadequate awareness, low uptak e of the funds.  
Best Practices:  
Use of mobile phones to reduce transactions costs and deepen 
outreach/financial inclusion,  
Creation of targeted funds to enhance women participation in the economy.  
 
Results:  
Increased access to credit, increased investments in Micro, Small and Medium 
Enterprises (MSMEs), increased employment, Entrepreneurial skills 
development, and Enhanced household incomes and expenditures.  
 
Uganda:  
 
The UWEP Programme and other Government targeted programmes have held 
a number o f symposiums for financiers and trainings for women SMEs on 
inclusive finance. These Programmes have elevated the uptake of financial 
services from SMEs. Awareness programmes for women traders and 
entrepreneur have been undertaken. However, the programmes and other 
financial initiatives are confronted with the need to develop accessible, 
affordable and reliable financial products that take into account the different 
business segments. For instance, medium and large enterprises have business 
experience and c redit worthiness and so can afford to access loans with 
substantial collateral. On the other hand, micro and small enterprises do not 
have collateral to access financial support. This inability hinders their business 
ventures and growth.    WT/TPR/M/384/Add.1  
 
- 9 - WTO Member  Questions  Responses  
Are the effects  of trade policy on women and men measured and 
monitored? If so, how?  The EAC Gender Equality and Development, Bill 2016 provides the legal 
framework for collection and reporting of authoritative data that can be used 
to hold EAC partner States accountable  on their gender commitments. The Bill 
also serves as a gender equality barometer, a tool which will include a gender 
and development index and citizens perceptions. The implementation of such 
instruments will help in the measurement and monitoring of the effect and 
impact of the EAC Trade policy on women.  
Kenya:  
Kenya 's Trade Policy is gender inclusive and aligned to the Constitution of 
Kenya 2010 which prohibits all forms of discrimination.Currently there is no 
instrument for measuring and monitoring the effects of trade policy on women 
and men.We are willing to learn from other WTO Members what they have 
done in this area to strengthen our future trade policy.  
 
Rwanda:  
This is measured and monitored in  trend towards gender mainstreaming into 
trade polici es 
 
Uganda:  
Uganda 's Trade Policy constitutes one of the key aspects of economic policy 
with direct impact on the livelihood of women, men and children. We perceive 
a policy approach that is inclusive of different economic actors in society 
particularly women who play a majo r role in economic development through 
their support towards various sectors as well as contribution to growth and 
development of society.  
There 's no mechanism to demonstrate the effects of trade policy on women 
and men. However, in the future, Uganda wou ld embark on capturing this 
data and we look forward to learn from other WTO Members.   WT/TPR/M/384/Add.1  
 
- 10 - WTO Member  Questions  Responses  
CANADA  Summary: paragraph 9, page 6:  
 
The Secretariat Report notes that under the WTO Trade Facilitation 
Agreement (TFA), Kenya, Rwanda, and Uganda have deposited 
their instruments of acceptance. All EAC WTO Members have 
notified their Category A commitments. A Regional Trade 
Facilitation Sub -Committee was established in 2015 to coordinate 
the implementation of the TFA and other trade facilitation 
measures decided at the regional level. EAC countries continue to 
fulfil their notification obligations at various degrees. However, 
there are severa l areas where notifications remain outstanding.  
 
When do Kenya, Rwanda and Uganda plan to send their 
outstanding notifications?  For Kenya, the Categorization of Trade Facilitation Measures into B and C have 
been completed and will be notified by July 2019 . 
 
Uganda is currently undertaking a study to identify the TFA provisions for 
categorization under B and C and once the study is validated at the national 
level, a notification to the WTO will be made. However, further analysis on the 
necessary financial support for B&C measures is desirable.  
 
ANNEX 1 - BURUNDI  
 
The Secretariat Report notes that Burundi has not notified the 
WTO of its customs valuation legislation.  Burundi has also not yet 
ratified the WTO Agreement on Trade Facilitation, but it has 
notified its Category A measures.  
 
When does Burundi plan to notify its WTO customs valuation 
legislation?  Also, when does Burundi plan to ratify the WTO 
Agreement on th e Trade Facilitation?  Burundi notified the WTO of its customs valuation last week.  
 
Burundi plans to ratify the WTO Agreement on the Trade Facilitation within the 
coming twelve months.  
The Secretariat notes that Burundi 's tariff bindings cover 22.4% of 
all of its tariff lines. All tariff lines for agricultural products (WTO 
definition) have been bound at a ceiling of 100%, with the 
exception of some 6% of lines bound previously at rates ranging 
from 0% to 20%. Only 10% of  tariff lines for non -agricultural 
products have been bound: at 24.2% for textiles and clothing; 
20.2% for leather, rubber and footwear; and 11.2% for transport 
equipment. For 429 lines, the applied rates are higher than the 
bound rates.  
 
Could Burundi ex plain why the applied tariffs on the 429 lines are 
higher than the bound rates?  What measures is Burundi planning 
to take to ensure compliance with its WTO commitments?  This issue of tariffs higher than bound rates at the World Trade Organization 
remains v ery worrying for Burundi and shares this concern with its partners in 
the East African Community as it applies the external tariff of the East African 
Community. Burundi will begin negotiations within the East African Community 
and will keep the World Trad e Organization informed.  
ANNEX 3 - RWANDA  
 The applied tariffs on 342 CET lines are higher than the bound rates as the 
result of Rwanda 's accession to the EAC. Rwanda joined EAC in 2007, she did 
not negotiate the CET instead adhered to the Common External  Tariff (CET)  WT/TPR/M/384/Add.1  
 
- 11 - WTO Member  Questions  Responses  
The Secretariat Report notes that Rwanda has bound 100% of its 
tariff lines at ad valorem  rates ranging from zero to 100% (Main 
report, Section 3.1.4). Agriculture tariff lines are bound at up to 
80%. The simple average bound rate on agricultural products 
(WTO definition) is 74.6%, whereas the average on non -
agricultural products is 91.7%. On 342 CET lines (up from 263 in 
2011), applied rates exceed Rwanda's bindings, in some cases by 
as much as 60 percentage points. Moreover, Rwanda has bound 
"other duties and charges" at zero but it applies some.  
 
Could Rwanda explain why the applied tariffs  on 342 CET lines are 
higher than the bound rates?  
 
Could Rwanda explain why it applies "other duties and charges " 
while it is bound at zero?   
 
Could Rwanda also describe what the "other duties and charges " 
are? 
What measures is Rwanda planning to take to ensure compliance 
with its WTO commitments?  that was being implemented by the Community. In that case, some tariff lines 
were higher than the bound rates.  
 
Apart from a "Computer processing fee " that is paid by each importer and 
exporter carrying import and export activities and the fe e is commensurate 
with the cost of services rendered, Rwanda does not charge other duties and 
charges.  
 
They are no other duties and charges applied.  
 
Rwanda considers the challenges/concerns raised by member states and 
consultations including need for technical assistance to ensure compliance 
with Rwanda's commitments in its schedules of tariff concessions are ongoing 
to ensure the concerns can be addressed.  
 
SINGAPORE  The WTO Secretariat Report ( "Secretariat Report ") notes the EAC 
Model Investment Treaty was adopted in 2016 with the objective 
of guiding, and serving as a template for, negotiations. What are 
the main features of the Model Investment Treaty, and do the EAC 
countries have plans to renegotiate any of their existing bilateral 
investment treaties (BITs) using the new Model Investment 
Treaty?    
 The EAC Model Investment Treaty highlights the objective of encouraging and 
increasing foreign investments that effectively support the sustainable 
development of both parties, particularly the host  state party. The main 
features include: National Treatment and MFN, treatment of investors and 
investment, expropriation, Senior Management and Employees, Transfers, 
investor liability, transparency, right to regulate, right to pursue development 
goals, e xceptions, denial of benefits, State -State dispute settlement and an 
option for investor -state dispute settlement, and final provisions.  
The Secretariat Report notes that the national customs of each 
EAC member state use different computer systems, which may 
potentially be "a source of delays in cargo clearance, mainly for 
transit goods ". The Secretariat Report also mentioned that during 
the review period, the EAC had taken steps to interconnect their 
systems. The EAC 's Trade Review Report (Page 14, Para 5.10), on 
the other hand, stated that the customs interconnectivity was 
rolled out in 2013. Could the EAC provide clarity on the current 
status of the customs connectivity within the EAC and elaborate on 
how the differing computer systems of the individual national 
customs have affected or may affect efficiency of cargo clearance 
within the EAC?  The 5 Customs Administration have three differ ent Customs Systems i.e. 
Asycuda World for Rwanda, Uganda and Burundi. TANCIS for Tanzania and 
iCMS or SIMBA for Kenya. To allow faster exchange of information among the 
Customs Administration under the Single Customs Territory, the region agreed 
to interc onnect/interface the three system whereby each Customs system is 
able to communicate with the other system in the respective Partner State.  
 
The region has further enhanced the information exchange through the SCT 
centralised platform (Proof of Concept) w hereby Partner States push and pull 
information relating to customs declarations, manifests, release orders and 
exit notes. The information sharing through the Centralised System is 
managed by the EAC Secretariat.  
Annex 1: Burundi  
 
The Burundi Investment  Promotion Agency ( "API") may propose 
that the Ministry of Finance grant additional tax and customs 
concessions for investment projects that are "strategic " for First of all, it is not Burundi Investment Promotion Agency that proposes to 
the Ministry of Finance to grant additional tax and customs concessions for 
investment projects,  but it i s the Ministry that propose that issue.  
In order to be granted additional tax, some priority sectors of activity have 
been defined as follows:   WT/TPR/M/384/Add.1  
 
- 12 - WTO Member  Questions  Responses  
Burundi. Could Burundi provide more details on these "strategic " 
investment projects, as well a s the factors that qualify an 
investment for the aforesaid concessions?   
 1. Agribusiness, water and sanitation, fishing and livestock  
2. Energy and mines  
3. The processing and productio n industry  
4. Modern maritime transport  
5. The construction of modern infrastructure in the tourist and energy fields  
 
The eligibility criteria are the following:  
1. To be one of the priority sectors  
2. To be an innovative project to diversify exports and the transfer of 
appropriate technologies  
3. Have a certificate of eligibility for the benefits of the Investment Code or a 
certificate of the free zone, issued by the competent authority  
 
The ordinance also defines the specific criteria for each sector of activity  
Annex 3: Rwanda  
 
What are the "specific conditions " that would qualify a registered 
investor for preferential corporate income tax rates, corporate 
income tax holidays and/or an accelerated depreciation rate for 
assets?  There are set of requirements/criteria to benefit on Tax holiday which are 
provided in the Annex 1 of the Law No. 06/2015 of 28/03/ 2015 relating  to 
investment promotion and facilitation , from page 27 to 36 . 
Annex 4: Tanzania  
 
The Secretariat Report notes that "There are a number of other 
areas where foreign investors may not operate or do business in 
Tanzania, or where restrictions are prohibitive " and gave the 
example of the tourism, extractive and fisheries sectors. Could 
Tanzania elaborate on whether it has plans to expand the list of 
such sectors or impose new requirements for foreign investors 
which would like to operate in these sectors in Tanzania?  
 We understand, it 's a global practise to have some areas of business 
exclusively reserved to local people. Likewise, in Tanzania, there are some 
areas of business reserved for local people.  For example, foreign investors 
cannot operate in inland water fishing, trading in ornamental fish business. 
These restrictions are prov ided for in Fisheries Act No. 22 of 2003.  
 
Regarding the tourism, currently, the most ideal investment area or 
opportunities within the Tourism industry are Beach tourism, Accommodation 
facilities, Convention Centres  and Cruise Terminals. The government of  
Tanzania has initially set aside guiding laws and regulations regarding the said 
areas, where interested investors are invited to walk in and invest in 
whichever area of their interest without prohibition. Among the listed areas of 
investment as stipulate d in the Tourism Act, 2008 Section 21.  
 
However, in Section 58 of the Act, prohibits foreign investors to invest in the 
following areas: -Mountain Climbing or Trekking, Car Rental or Hire, Travel 
Agents, Handling Agents and Tour Guide only (Foreigner Tour Guide can be 
given a permit under special circumstances). Meanwhile, the Government is 
considering expanding other areas in tourism.  
The Secretariat Report notes that the telecommunications sector is 
designated as a priority sector by the government (Par a 2.34), and 
that the tax exemptions granted to investments in 
telecommunication firms have been removed (Para 2.35). Could 
Tanzania elaborate on whether it has plans to remove tax 
exemptions in the other priority sectors?  The Government is currently revie wing its tax laws and outcomes will be 
announced.   WT/TPR/M/384/Add.1  
 
- 13 - WTO Member  Questions  Responses  
UNITED 
STATES  Please clarify whether the EAC members intend to reduce their 
CET and applied alternate tariffs on agriculture to below its 
member countries bound tariffs.  Discussions on renegotiations will be undertaken for those EAC Members 
whose bound rates are below the CET  
The Secretariat 's Report states that none of the EAC countries has 
notified a state trading enterprise to the Working Party on State 
Trading Enterprises, despite having a biennial requirement to do 
so. Please identify when each EAC member will make the required 
notifications.  Kenya will provide the notification by July 2019  
 
In the subsequent weeks after the TPR, Uganda is to notify the WTO of state-
trading enterprises within the context of Article XVII:4(a) of GATT 1994.  
 
Please clarify the provisions within the Customs Union Protocol 
under which a member may separately negotiate bilateral trade 
agreements, subject to the notification to other members.   
 Article 37 (4a) of the Customs Union Protocol states that a Partner State may 
separately conclude or amend a trade agreement with a foreign country 
provided that the terms of such an agreement or amendments are  not in 
conflict  with the pro visions of the protocol. The paragraph also describes the 
process whereby a Partner State intends to conclude or amend such an 
agreement.   
Generally, concluding FTAs separately would jeopardize the implementation of 
the CU Protocol. However, Trade cooperat ion agreements that do not have 
implications on tariff rates, etc. could be concluded individually, following the 
process in Article 37 para 4.  
Have any members negotiated bilateral trade agreements with 
third-country partners?  
 Kenya has not entered into any Bilateral Trade Agreement during the review 
period  
 
Uganda has not negotiated any bilateral trade agreement with non -EAC 
Countries.  
The Secretariat notes that in 2015 the EAC established a Regional 
Trade Facilitation Sub -Committee to coordinate the 
implementation of the TFA, and that the Sub -Committee reports to 
the Sectoral Committee on Trade, and subsequently the Sectoral 
Council on Trade, Industry, Finance and Investment (SCTIFI). The 
Secretariat also notes that the EAC adopted a regional TFA 
implementation plan in 2016.  
 
What mechanisms do the Regional Trade Facilitation Sub -
Committee, the Sectoral Committee on Trade and SCTIFI utilize to 
monitor the ratification, notification, and implementation of EAC 
member countries? How often does the EAC  monitor and track the 
status of TFA implementation in member countries?  Under these fora, respective Partner States report on the implementation 
status of the various aspects of the implementation of the Agreement and the 
pending work.  The fora then prov ide guidance and directives to each Partner 
States on the way forward.  
Is the EAC 's TFA implementation plan available to the public? Does 
this implementation plan include a timeline for full ratification, 
notification, and compliance with TFA for all member countries?  Yes, it is  publicly available for the members who have notified and restricted 
for members who are yet to notify.  
 
All plans have time lines.  
Are there consequences for non -compliance with the EAC 's TFA 
implementation plan for member countries?  
 The Sectoral Council on Trade, Industry, Finance and Investment (SCTIFI) 
direct Partner States to implement the measures under TFA. Partner States 
are committed to implement all measures facilitating trade.   WT/TPR/M/384/Add.1  
 
- 14 - WTO Member  Questions  Responses  
What is the status of negotiations  under the Tripartite FTA?   How 
many countries have ratified the agreement?   
 Phase 1 of the tripartite negotiations on goods was completed in 2015 and the 
Tripartite Agreement signed by the Tripartite Heads of State and Government 
in June 2015 in Sharm El  Sheikh , Egypt.  
 
Out of the 26 countries (now 29 because of the recent entry of South Sudan, 
Somalia and Tunisia), 22 Tripartite Countries have signed the Agreement and 
four countries have ratified.  
What is the status of negotiations to conclude tariff schedules and 
ROOs?  
 In regard to Tripartite Rules of Origin, an Annex has been negotiated and 
adopted and in addition, 91.5% of the tariff lines have been successfully 
negotiated and agreed. A draft manual for the implementation of the Annex on 
Rules of O rigin has also been developed.  
What is the legal effect of Kenya ratifying the EAC -EU EPA if the 
other EAC partner states have not ratified the agreement?  The EAC -EU EPA cannot enter into force until all the Partner States have 
signed and ratified the Ag reement.  
The Secretariat Report notes that EAC members ' national customs 
use different computer systems, but that the EAC has undertaken 
a review period to better connect their systems and facilitate 
information flow between customs authorities. Similarly, multiple 
EAC members are developing single window syst ems (see Annex 3 
Rwanda, Section 3.1.1, Page 197, Paragraph 3.1; Annex 4 
Tanzania, Page 297, Paragraph 3.3; Annex 5 Uganda, Section 
3.1.1, Page 369, Paragraph 3.5) in various stages of development.  
 
Does the EAC have a mechanism for how individual members ' 
single window systems will interact with each other under EAC 
management? Will the EAC establish a process for data sharing 
between these systems?  Partner States have interfaced their Customs systems to allow data exchange. 
This has enabled exchange of el ectronic documents such as manifests, 
customs declarations, releases, exit notes and arrival notifications among 
others.  
The region has embarked on a phased approach for the implementation of the 
Single Customs Territory Centralized Platform.  
The applied  MFN tariff:  
 
Please clarify the rates members are applying to articles of used 
clothing through stays of application of the CET and if those differ 
from the 2018 CET rate.  Partner States are applying same rates as in 2018  
WTO Tariff bindings:  
 
Will the EAC ensure that applied tariffs do not exceed bound 
tariffs?   Kenya is within its tariff bindings in the WTO.  
When can we expect EAC members to initiate Article XXVIII 
compensation negotiations for any broken tariff bindings?   
Please confirm whether or  not each EAC member is applying a levy 
or using trade measures to contribute to the African Union 
peacekeeping initiative.  If so, please provide details about these 
levies and/or trade measures.    
Tariff preferences:  
 
Under the EAC Common External Tariff, how do Burundi, Kenya, 
Rwanda, and implement their commitments under the COMESA The integrity of CET is maintained despite the commitments under COMESA 
and SADC FTAs. Section 112 of the EAC Customs Management Act, 2004 is 
the legal basis for providing preferential tariff treatment to goods imported 
from SADC and COMESA.   WT/TPR/M/384/Add.1  
 
- 15 - WTO Member  Questions  Responses  
FTA while Uganda only applies an 80% reduction in the CET rate to 
goods originating in other COMESA countries, excluding EAC 
members?  
 
Is the integrity of the CET maintained in light of different 
commitments made under the COMESA and SADC FTAs?   
 
Contingency measures:  
 
The Secretariat notes that Kenya is the only EAC country with 
national legislation on trade remedies. However, in Annex 4 to the 
Secretariat report (see Section 3.1.6; page 275, paragraph 3.32) 
Tanzania states that since 2004 it has specific legislation on 
contingency measures. It appears this legislation was attached to 
the Tanzania TPR at footnote 23.  The United States notes that this  
legislation has not yet been notified to the relevant WTO 
Committees.   
Could the Secretariat please clarify whether Tanzania has 
developed national laws on the administration of trade remedies?  
If so, when will these laws be notified to the relevant WTO 
Committees?  In 2004, Tanzania legislated the National Anti -Dumping and Countervailing 
Measures Act (2004). Admittedly, the Act could not be implemented due to 
omissions of some relevant domestic Union (Tanzania and Zanzibar) 
requirements. In this regard, th e Government has consulted widely and is 
going to propose to the Parliament to repeal the Act through the due 
processes. Therefore, the expected new Anti -Dumping and Countervailing 
Measures Act shall be notified to the WTO in the due course.  
 
The Secretariat report notes that the East African Standards 
Committee (EASC) takes on a coordinating role for the individual 
national standards bodies and is currently making efforts to 
establish a "TBT-SPS Forum. "  
 
 
 EASC coordinates the development and  implementation of SQMT related 
activities in line with the international standards and rules as defined in the 
WTO TBT Agreement.  
 
TBT- SPS Forum was proposed to look at the crosscutting TBT /SPS issues 
affecting trade at the same time enhance EAC partici pation in the TBT/SPS 
WTO Committees.  
 
TBT Forum has been established already. Focus is on standards, technical 
regulations and conformity assessment procedures  
 
National consultations still ongoing on the need for a joint TBT/SPS Forum  
How does the Eas t African Standards Committee ensure that 
national standards bodies are abiding by WTO Technical Barriers to 
Trade (TBT) rules?  One of the reasons for the establishment of the TBT Forum expected to report 
to the EASC  
Could the EASC please provide information on the purpose and 
goals of the TBT -SPS Forum?  As above  
Do the EAC WTO member countries intend to notify the EAC SPS 
protocol or the EAC SPS bill?   
 
For EAC -wide measures that impact all member countries, at what 
point in the EAC legislative process are comments received by EAC 
members who are also WTO members considered into draft EAC 
measures?   
 EAC will notify WTO about the SPS Protocol once it comes to force after 
ratification by all the Partner States.  
 
The EAC SPS Bill has been developed to enforce implementation of the SPS 
Protocol. Once the SPS Act is enacted by the East African Legislative 
Assembly, WTO will be notified accordingly.  
 
  WT/TPR/M/384/Add.1  
 
- 16 - WTO Member  Questions  Responses  
Considering that EAC member countries are required to harmonize 
their SPS measures, are all measures normally drafted at the EAC 
level and then adopted at the country -level, or drafted at the 
country level and then harmonized?  
 
In this process, at what po int are measures notified to the WTO by 
member countries, and how are WTO member countries ' 
comments incorporated into the final measures?  
 All EAC members make their contributions during technical and public  review.  
 
WTO members will be given a chance to make comments before final 
adoption.  
 
EAC harmonized SPS Measures are developed at regional level and adopted at 
the national level  
 
Measures are notified to the WTO while consultations are ongoing at national 
and regional levels. This will allow comments from WTO members to be 
incorporated in the documents before final adoption.  
Please explain why Tanzania has not ratified the SPS Protocol in 
light of all other EAC members ratifying the protocol.  
 Tanzania is fully cognizant of the importance of the SPS. Also, we are aware of 
the importance of harmonizing SPS measures within the region.  
 
While mindful to the importance of SPS issues, however, our internal 
consultation process has taken somehow long er than expected. Partly, this 
has been due to a large number of stakeholders (in the public and private 
sector) to be involved before making sound decision. Presently, we are at the 
final stages (awaits presentation to the Parliament). In that regard, Tan zania 
hopes to ratify the EAC SPS Protocol in a very near period.  
Annex 1 Burundi  
 
3.1.1 Customs procedures, valuation and requirements  
Page 72, Paragraph 3.4:  
 
Do these inspection fees also apply to domestic product?  The inspection fees apply mainly for  imported products. For local products, 
only the cost of certification is applied.  
 
The Secretariat Report notes that efforts are underway in Burundi 
to establish a single window for international trade, and that a pilot 
program me has been in place since May 2013. Burundi also notes 
the lists of the documents required for a customs declaration  but 
notes that customs authorities may ask importers to provide 
additional supporting documents.  
 
Does Burundi make information regarding th e implementation and 
operation of the single window system pilot program me available 
to the public?  
 
Could Burundi provide a timeline for when it expects to finalize and 
implement a permanent single window system?  
 
Could Burundi provide examples of the ty pes of additional 
supporting documents that customs authorities may ask importers 
to provide during the customs declaration process? Under what 
circumstances would authorities ask an importer to provide Burundi already applies the one -stop shop for imports. Customs clearance is 
done from the first port of entry. Also, the electronic ticket office system is 
being implemented.  
 
The requested documents are standard. Additional documents or proof are 
required in case of suspicion of undervaluation.  
  WT/TPR/M/384/Add.1  
 
- 17 - WTO Member  Questions  Responses  
additional documents outside of the list of documents  required for 
a customs declaration?  
Burundi has not notified the WTO of its customs valuation 
legislation. Nonetheless, in principle, customs valuation is based 
on Annex 4 of the EAC Customs Code. According  to the authorities, 
the provisions in question are aligned with those of the WTO 
Customs Valuation Agreement.  
 
When does Burundi expect to notify the Committee on Customs 
Valuation of its relevant legislation?  Now, Burundi  has notified the WTO of its cus toms valuation.   
 
Burundi plans to inform the Customs Valuation Committee of its relevant 
legislation very soon.  
The Secretariat Report notes Burundi has not yet ratified the Trade 
Facilitation Agreement (TFA). Burundi has designated 32.8% of its 
commitments as Category A under the TFA, with 67.2% of 
measures under the Agreement remaining to be categorized as B 
or C. Three of Burundi 's commitments notified as Category A 
under the Agreement, transparency notifications 1.4, 10.6.2, and 
12.2, have not  been submitted to the WTO.  
Could Burundi provide a timeline for when it expects to ratify the 
WTO TFA?  
When does Burundi expect to submit information to the WTO 
required by its TFA transparency notifications per articles 1.4, 
10.6.2, and 12.2?  Burundi in tends to ratify the WTO TFA in 12 months.  
 
Burundi intends to submit to the WTO the information required by its TFA 
transparency notifications under Articles 1.4, 10.6.2 and 12.2 within two 
years.  
 
3.3.2 Standards and other technical regulations  
Page 78,  Paragraph 3.55: The programme includes physical 
inspection, product testing in accredited laboratories, quality 
control of production processes (where applicable) and 
documentary review. The programme has not yet been notified to 
the WTO Committee on Tech nical Barriers to Trade.  
 
When will this take place? Is there a plan to notify?  Burundi has implemented the inspection procedures adopted by the East 
African Community at the moment. He has not yet thought of the notification 
to the WTO Committee on Technical Barriers to Trade. Burundi plans to notify 
it later.  
 
Page 82, Paragraph 3.79: Burundi is neither a member or nor an 
observer to the WTO Agreement on Government Procurement 
(GPA). Becoming an observer to the GPA would allow Burundi to 
engage wi th other countries on matters relating to government 
procurement and would not require Burundi to take on any 
obligations.  
 
Will Burundi consider becoming a GPA observer?  Burundi does not have sufficient information on the WTO on Government 
Procurement.  
The Secretariat Report notes that Burundi maintains procurement 
preferences for goods, works and services from domestic firms.  
 
How does Burundi define "domestic " for goods, works, and 
services? Is it based on the nationality of the firm or through some 
other method?  
 Public procurement is governed by Law No. 1/04 of 29 January 2018.  
Article 12 of this law is non -discrimination and contains the following 
provisions:  
"Subject to the provisions of Articles 195 to 202 of this Law, the Contracting 
Authorities shall refrain from any discriminatory measure based on the 
nationality of the candidates".  
  WT/TPR/M/384/Add.1  
 
- 18 - WTO Member  Questions  Responses  
Does Burundi collect statistics on the country of origin of goods, 
works, and services that it procures?  
 Articles 195 to 202 speak of preferences.  
Article 1 95: Beneficiaries.  
"In order to favor the participation of national companies, in the awarding of 
contracts, preference is given to tenders conforming to the bidding documents 
submitted by a national tendered. The national bidder is any company 
incorporate d under Burundian law and is a tax resident.  
 For the purposes of this Law, "domestic tenderer and tax resident" shall be 
considered to be the national tenderer in any of the member countries of any 
regional economic organization to which Burundi is a part y. 
Article 198 quotes "the quantification of preference" as follows: "The 
preference shall be quantified in the tender invitation as a percentage of the 
amount of the tender. Such percentage shall in no case exceed 10% for the 
works and fifteen per cent fo r the supplies and services.  
However, there is no place where we define local supplies, works and services.  
Also, Burundi does not collect statistics on the origin of supplies, works and 
services of public procurement.  
The Report notes that Burundi has joined several international 
treaties, including the Berne Convention and the WIPO Copyright 
Treaty.  
Please explain why Burundi has not joined the other WIPO internet 
treaty, the WIPO Performances and Phonograms Treaty.  If Burundi 
plans to join the WPPT, please advise as to the timeline for doing 
so, as well as steps Burundi may plan to take to fully implement 
the WCT and WPPT (together, "Internet Treaties "). Burundi plans to ratify the WIPO internet by 2020.  
Annex 2 Ke nya 
 
What is the legal effect of Kenya ratifying the EAC -EU EPA if the 
other EAC partner states have not ratified the agreement?   
 
Please explain how Kenya maintains its preferential access to the 
EU market given that the EPA is not in force despite Kenya 
ratifying the agreement on September 20, 2016.  EAC-EU EPA will come into effect when all the EAC partner states will have 
signed and ratified the agreement.  
 
Kenya signed and ratified the agreement to demonstrate its commitment to 
implement the EPA and to  ensure that its trade with EU is not disrupted until 
the other EAC partner states sign and ratify.  
The Secretariat Report notes that any registered business can 
import goods for commercial purposes, upon registration with the 
Kenya Revenue Authority (KR A).  
 
Are there any fees associated with a business registering with the 
KRA? There is no fee associated with registering business with KRA. The business is 
required to register for value added tax (VAT).  
 
Kenya provides an import declaration form (C17)  to traders in 
order to submit necessary documents electronically for goods to be 
released by Kenyan Customs.  
 
Kenya notes that its import declaration form C17 is necessary to 
submit documents electronically. Is this form available to the 
public on the Int ernet?  Yes, the form is available to the public and accessible to clearing agents or 
individuals licensed by customs on infotrade.go.ke portal.  
  WT/TPR/M/384/Add.1  
 
- 19 - WTO Member  Questions  Responses  
Kenya indicates that customs procedures are carried out by either 
agents who can operate nationwide only, or those who can operate 
in any other EAC county.  
 
Does Kenya publish the process for granting licenses and 
becoming a national -level customs clearing agent?  Yes. Licensing of customs clearing agents is provided for under part 
X1(Section 145) of the EACCMA -2004. Kenya publishes the licensing 
requirements in the dailies, the KRA website, and broadcast on the Simba 
System.  
 
Clearing agents are registered by KRA and sensitize on their requirements as 
national wide or EAC wide clearance agents.  
Kenya notes most customs declarations are processed through the 
2005 SIMBA system, and that a new system, the Integrated 
Customs Management System (iCMS), was introduced in 2017, but 
is still limited to air cargo clearance.  
 
Could Kenya provide a timeline for when the iCMS  will be fully 
operational?  
 
Does Kenya charge different fees associated with use of the 2005 
SIMBA system and the iCMS, and how are the fees -for-service 
determined with each system? Are those fees published online? 
How do these fees relate actual services  rendered?  iCMS will be rolled out in June 2019  
 
Use of any custom system is free of charge. However, customs agents are 
required to pay an annual licensing fee of USD 400. This fee is published 
together with the requirements mention in above.  
 
No fees are charged to traders for using Electronic Single Window System  
 
Yes, this information is public information and is shared during stakeholder 
forums and Port Community Charter meetings. This information is shared with 
all players in the logistics chain durin g the quarterly Port Community Charter 
meetings.  
The Secretariat Report notes that since July 2015, all import and 
export related documents have been processed though the 
TradeNet System, a Single Window System and that there is a 
progressive program me in place to bring additional stakeholders 
under the system. Kenya also notes that a separate portal for 
processing import and export health certificates has contributed to 
reducing processing time of health permits from six days to 12 
hours on average.  
 
Does Kenya charge a fee associated with traders ' use of the 
TradeNet System portal? If so, are those associated fees published 
online?  
 
Is Kenya 's progressive plan to bring additional stakeholders under 
the Single Window System available to the public?  
 
Will Kenya make publicly available any data regarding changes in 
the processing times for import and export related documents 
since the implementation of the TradeNet System?  A number of Government Agencies have made commitments and signed 
Memorandum of Coop eration (MoC) committing to specific timelines and 
KenTrade provides statistics showing the extent to which the Government 
Agencies are adhering to the timelines  
The Secretariat Report notes that with Kenya 's ratification of the 
Trade Facilitation Agreement (TFA) in 2015, Kenya notified 7.1% 
of its measures as Category A. Under the TFA, Kenya will still need 
to notify 92.9% of remaining measures as Category B or C. Two of 
Kenya 's commitments notified as Category A under the 
Agreement, transparency n otifications 1.4 and 10.6.2, have not 
been submitted to the WTO, to provide traders with the online The categorization of Trade Facilitation Measures into B and C have b een 
completed and will be notified by July 2019.  
 
This also applies to Category A Measures 1.4 and 10.6.2   WT/TPR/M/384/Add.1  
 
- 20 - WTO Member  Questions  Responses  
locations of Kenya 's information on customs procedures and 
processes and the use of customs brokers.  
 
Could Kenya provide a timeline for notifying its rema ining 
Category B and C commitments under the TFA?  
 
Could Kenya provide a timeline for when it will submit information 
related to its transparency notifications 1.4 and 10.6.2 to the 
WTO?  
3.1.2 Customs Valuation  
 
KRA maintains a database of reference values constituted from 
previously accepted transactions. The database is used only for 
risk management purposes, according to the authorities.  
 
Can Kenya please elaborate on the circumstances for when a 
customs agent  would use the reference price database for risk 
management purposes?  The KRA valuation database is an internal tool to help guide Customs on 
valuation matters. This is purely a risk management tool.  
 
This database is not accessible by external users. The  values in the database 
are only referred to where Customs Value cannot be determined by method 1 
(Transaction Value).  
 
Database values only act as a guide, during arbitration, where a dispute about 
the declared value has arisen between the Agent and Custo ms; they are not 
necessarily applied as they are.   
Determination of Customs value is done according to the WTO GATT, which 
has been incorporated into the EACCMA -2004 (Fourth Schedule); Traders are 
expected to declare price paid or payable for goods.  
3.1.4 Tariffs  
Page 130, Paragraph 3.23:   
Are such suspensions notified to the WTO and, if so, how far in 
advance?  Kenya has not notified such suspensions to the WTO.  
Page 130, Paragraph 3.24:  Please explain if Kenya, through its 
commitments under the COMESA FTA, applies different rates of 
duty on products originating from COMESA members than 
Tanzania applies to those same goods originating from COMESA 
members.  Tanzania does not provide preferential tariff rates for products from COMESA 
members. Similarly, Ken ya and other EAC COMESA partner states do not 
provide preferential tariff rates for products from SADC where Tanzania is a 
member. To prevent re -export within EAC, the EAC rules of origin applies.  
 
3.1.6 Import prohibitions, restrictions, and licensing  
 
Since 2017, the FDA Guidance for Industry #213 prohibits the use 
of medically important antimicrobials for growth promotion.  
 
Can the East African Community provide the scientific basis for 
such restriction on U.S. meat and meat products?  The regulatory a uthorities are still consulting and will provide guidance when 
they are satisfied with the scientific facts on the use of medically important 
antimicrobials for growth promotion  
3.1.7 Anti -dumping, countervailing, and safeguard measures  
 
Kenya notes that  the Trade Remedies Act of 2017 provides for the 
establishment of the Kenya Trade Remedies Agency (KETRA) as 
the national authority responsible for investigating and evaluating 
allegations of dumped or subsidized imports, and requests for the 
application o f safeguard measures. The United States notes that Kenya is in the process of establishing the Kenya Trade Remedies Agency and 
will notify the WTO when the agency is operational.   WT/TPR/M/384/Add.1  
 
- 21 - WTO Member  Questions  Responses  
the Kenya Trade Remedies Act of 2017 was published in the Kenya 
Gazette in August 2017 but has not yet been notified to the WTO 
Committees on antidumping, subsidies and countervailing 
measures, safeguards.   
 
When does Kenya plan to notify this legislation to the relevant 
WTO Committees?  
3.3.5 State trading, state -owned enterprises, and privatization  
 
Of Kenya 's state -owned enterprises (SOEs), please identify how 
many are owned exclusively by the state.  How many are majority -
owned by the state?  The SOEs that are exclusively owned by the state are 204 while those that are 
majority -owned by the state are 8.  
Does the Kenya National Trading Corporation Limited (KNTC) have 
exclusive rights related to any products in its portfolio, including 
the products listed in this paragraph?  Does KNTC have any special 
rights conferred by the state?  Is KNTC wholly -owned or majority -
owned by the state?  KNTC has no exclusive rights related to any product. Does not have special 
rights conferred by the state, and it is fully owned by the state.  
Please describe the key provisions of the Government Owned 
Entities Bill of 2015.  Was the bill enacted in 2015?  Does it apply to 
all SOEs with a presence in Kenya, or only to Kenyan SOEs?  If this 
law is enacted, why does Paragraph 3.94 state there is no 
overarching legal framework for the establis hment and regulation 
of SOEs in Kenya?  The bill has not been enacted.  
Page 142, Paragraph 3.95:   
When was Mwongozo adopted? Please provide a weblink to 
Mwongozo and describe the key elements of this code of 
governance for SOEs.  Does the code apply to all  SOEs with a 
presence in Kenya, or only to Kenyan SOEs?  
  
It was adopted in March 2015 and can be accessed at: www.scac.go.ke/2015 -
02-16-09-56-36/mwongozo  
 
The key element of this code is to improve corporate governance of SOEs 
(effectiveness of boards, transparency and disclosure, accountability, risk 
management, internal controls, ethical leadership, and good corporate 
citizenship).  
 
The code only applies to Kenyan state-owned  enterprises . 
Page 142, Paragraphs 3.93 to 3.95:   
Which laws and other legal authorities in Kenya regulate the 
activities of foreign SOEs with a presence in Kenya?  Foreign SOEs are foreign investments and would be governed in the Kenya 
Investment Promotion Act 2004,  and the Companies Act of 2015  
 
3.3.6 Government Procurement  
Page 143, Paragraph 3.104: Kenya is neither a member or nor an 
observer to the WTO Agreement on Government Procurement 
(GPA). Becoming an observer to the GPA would allow Kenya to 
engage with other countries on matters relating to government 
procurement and would not require Kenya to take on any 
obligations.  
 
Will Kenya consider becoming a GPA observer?  Kenya has not considered but may explore the possibility of becoming a GPA 
observer.   WT/TPR/M/384/Add.1  
 
- 22 - WTO Member  Questions  Responses  
The S ecretariat Report notes that Kenya maintains a number of 
different procurement preferences for domestic goods, works, and 
services, including price preferences and reservations for local 
goods and services.  
 
How does Kenya define "domestic " for goods, work s, and services? 
Is it based on the nationality of the firm or through some other 
method?  
 
Does Kenya collect statistics on the country of origin of goods, 
works, and services that it procures?  Goods produced in Kenya irrespective of nationality, while works and services 
as specified in Paragraph 3.109 -110. 
 
Kenya collects statistics on the country of origin of goods, works, and services 
that it procures  
 
 
3.3.7 Intellectual property rights  
 
The Report states that there "has been no major change " to 
Kenya 's IPR regime since 2012.  However, since 2012, there have 
been issues regarding collective management organizations (CMO) 
in Kenya; in fact, the main copyright CMO had its license revoked 
by KEC OBO (the Kenya Copyrights Board).  
 
Please provide an update on the current status regarding the 
management and administration of CMOs in Kenya.  Music Copyright Society of Kenya 's (MCSK) licence for the year 2017 and 2018 
was not renewed. The license to co llect royalties for authors and publishers of 
musical works for the year 2017 and 2018 was issued to Music Publishers 
Association of Kenya (MPAKE). The decision to issue a license for authors and 
publishers of musical works CMO for the year 2019 was deferr ed by the Board 
last year. The 2019 license for this class has not been issued. The term of the 
previous Board expired in September last year and new members are yet to 
be appointed.  
4.1.2 Agricultural policy  
Page 150, Paragraph 4.20: the TPR states that  Kenya 's 2012 ban 
on the importation of genetically engineered (GE) foods was 
repealed in 2015. However, to our knowledge the ban is still in 
place and imports of GE food and feed products have not been 
allowed into Kenya since 2012, despite having a funct ioning 
biosafety framework to conduct science -based risk assessments of 
GE products to assure their safety.  
 
Can Kenya/EAC provide details of the 2015 repeal of the GE import 
ban? The ban has not been repealed and domestic consultations are still ongoing.  
Annex 3 Rwanda  
 
3.1.1 Customs procedures, valuation, and requirements  
 
The Secretariat Report notes that Rwanda 's Electronic Single 
Window (RESW) was rolled out in 2013 and has achieved greater 
integration with 31 Rwandan ministries and agencies as of 2018. 
The United States notes that Rwanda designated Article 10.4 of 
the Trade Facilitation Agreement (TFA), Single Window, as a 
Category B commitment. However, with Rwanda 's progress in 
establishing the RESW system, it may be able to meet this 
requirement  prior to its indicative date of completion of March 31, 
2020.  The use of the RESW system is free of charge.   WT/TPR/M/384/Add.1  
 
- 23 - WTO Member  Questions  Responses  
 
Does Rwanda charge a fee for traders ' use of the RESW system? If 
so, is this fee published online?  
Page 197, Paragraph 3.5: According to the Se cretariat Report, 
Rwanda ratified the TFA on 22 February 2017. The United States 
notes that according to the WTO 's Trade Facilitation Agreement 
Database, Rwanda has successfully notified all articles under 
Section 1 of the TFA as Categories A, B, and C. Un der the TFA, 
Rwanda is overdue in submitting information to the WTO on its 
transparency notification 1.4 (include original deadline?), and it 
needs to submit an indicative date for completion of measure 
10.6.2 with technical assistance.  
 
Rwanda has designa ted TFA article 1.4 as a Category A 
commitment. Could Rwanda provide a timeline for submitting to 
the WTO the information on locations of its customs processes and 
procedures required under Article 1.4?  • All trade related information is on Rwanda Trade information Portal 
(import,  export and transit procedures) embedded on 10 partner 
websites as follows:   
• Private Sector Federation: http://psf.org.rw/  
• Rwanda Revenue Authority: http://rra.gov.rw  
• Electronic Single Window: http://sw.gov.rw  
• Rwanda Development Board: http://rdb.rw  
• National Agricultural and Export  Board: 
http://naeb.gov.rw/index.php?id=1  
• Ministry of Health: http://moh.gov.rw/index.php?id=253  
• Rwanda Standards Board: http://rsb.gov.rw/quick -
nav/home.html  
• Ministry of Foreign Affairs, International cooperation and 
EAC: http://www.minaffet.gov.rw/home/  
• Rwanda Freight Forwarders Association (RWAFFA): 
http://adrwanda.com/  
• Ministry of Trade and Industry: http://minicom.gov.rw  
 
All the above information on trade related procedures will be notified to the 
WTO very soon.  
Page 197, Paragraph 3.6: The Secretariat Report notes that the 
Rwanda Revenue Authority (RRA) established a Gold Card Scheme 
(GCS) in 2014, which allows approved companies (e.g., traders, 
clearing agents, warehouse operators, transporters) to benefit 
from expedited clearance procedures following the signing of a 
memorandum of understanding with the Customs Services 
Department. Companies must be registered in Rwanda to qualify 
for the GCS program me. 
 
Does Rwanda publish information online for interested companies 
to apply for approval in the GCS program me?  
 
Does Rwanda publish the list of approved companies that are 
registered with this program me? 
 
Does Rwanda plan to expand the GCS for companies that are not 
registered in Rwanda or does it provide other trusted trader 
program mes to expedite clearance for trusted companies not 
registered in Rwanda?  All relevant information related to GCS for interested companies to  
join is published online on Rwanda Revenue Authority 's website where you can 
find GCS Application an d Self - Assessment Form and Gold Card Scheme 
applicant information pamphlet. The list of approved companies is not yet 
published.  
 
 
 
 
 
3.3.6 Government Procurement  
Page 210, Paragraph 3.74: The Secretariat Report notes that 
Rwanda is neither a member or nor an observer to the WTO Rwanda will examine/assess the benefits of being a GPA Observer before 
applying to be a GPA observer.   WT/TPR/M/384/Add.1  
 
- 24 - WTO Member  Questions  Responses  
Agreement on Government Procurement (GPA). Becoming an 
observer to the GPA would allow Rwanda to engage with other 
countries on matters rel ating to government procurement and 
would not require Rwanda to take on any obligations.  
 
Will Rwanda consider becoming a GPA observer?  
Page 211, Paragr aph 3.78: The Secretariat Report notes that 
Rwanda provides a preference for local bidders in international 
tenders, and that there is a "national tender " mechanism for 
procurements that fall under certain thresholds for goods, works, 
and services.  
 
How do es Rwanda define "domestic " or "local" for goods, works, 
and services? Is it based on the nationality of the firm or through 
some other method?  
Does Rwanda collect statistics on the country of origin of goods, 
works, and services that it procures?  "domestic " or "local" for goods, works and services is defined as goods or 
supplies produced in Rwanda for which labour, raw materials or component 
originating from Rwanda account for at least thirty percent (30%) of the ex -
works price. It is based on the N ationality of Firm, i.e., firms/companies that 
are registered in Rwanda.  
 
Rwanda does not collect statistics on the goods of services, works and services 
she procures.  
3.3.7 Intellectual property rights  
Page 215, Paragraph 3.104 : The Report indicates that the Rwanda 
Society of Authors (RSAU) remained the only active collective 
management organization in Rwanda.   
 
Please provide an update on the annual amounts of funds collected 
and distributed by RSAU, for which rights and for which authors 
and creator s.   RSAU tariffs were approved in 2016 and revised in october 2018. In 2018, 
they collecled an average of 7 Million  Rwandan Francs  and not yet distributed.  
Annex 4 Tanzania  
 
2.3.2 Regional and preferential agreements  
Page 257, Paragraph 2.18:   
 
Please explain how Tanzania implements its commitments under 
the SADC FTA in light of Burundi, Kenya, Rwanda, and Uganda 's 
commitments under the COMESA FTA, of which Tanzania is not a 
member.   
 
How does Tanzania and other EAC members maintain the integrity 
of the  CET in light of overlapping and mutually exclusive FTAs with 
COMESA and SADC?   
 
 
 
 
This is implemented in accordance with Section 112 of the EAC CMA which 
provides criteria for application of preferential treatment of goods imported 
under the SADC and COM ESA arrangements.  
 
 
This is in accordance with the Section 112 of the EAC CMA which provides 
criteria for application of preferential treatment of goods imported under the 
SADC and COMESA arrangements.  
3.1.1 Customs procedures, valuation, and requirements  
Page 267, Paragraph 3.3: According to the Secretariat Report, 
Tanzania 's single window system (eSWS) was expected to be 
finalized by the end of 2018.   
 
Could Tanzania indicate if the eSWS system has now been finalized 
and implemented?  The eSW S is yet to be completed. The development process is still underway. 
We expect first phase to be implemented by June 2019.  
 
While eSWS is yet to be completed, Tanzania has made progress on areas of 
seamless clearance of goods. In fact, Tanzania, through o ur revenue authority 
(TRA), adopted ASCUDA+++, ASYSCAN, and Exemption Tracking System 
(ETS). These platforms were indeed helpful. However, cognizant to the  WT/TPR/M/384/Add.1  
 
- 25 - WTO Member  Questions  Responses  
 importance of continuous improvement through adoption of efficient 
technologies, Tanzania Revenue Au thority (TRA) developed the System, 
dubbed as Tanzania Customs Integrated System (TANCIS), to provide avenue 
to other OGDs who work hand in hand with Customs for clearance of goods. 
Indeed, TANCIS, which began in 2014 and launched officially in July 2015, 
allows other OGDs to lodge the customs documents on the same entry thus 
reducing clearance time and cost.  
Does Tanzania plan to charge a fee associated with traders ' use of 
this portal? If so, will Tanzania publish those fees online?  There is no intention to charge fees for the use of window once completed.  
 
Page 267 -268, Paragraphs 3.2, 3.7: The Secretariat Report notes 
that the Tanzania Revenue Authority (TRA) outlines procedures for 
importation on its website, including that the clearance process 
must be carried out by a licensed clearing and forwarding agent. 
The TRA also requires licensing for some customs procedures 
pursuant to the East African Community Customs Management Act 
(EACCMA), including in the area of licensing clearing and 
forwarding agents.  
Does Tanzania publish online the licensing requirements for 
clearing and forwarding agents?  The procedures are well stipulate in the TRA website and can be accessed 
through the following link : http://www.tra.go.tz/index.php/clearing -
forwading -agents  
 
 
Do Tanzania 's licensing requirements for clearing and forwarding 
agents differ with any requirements under the EACCMA for agents 
who seek to work with other EAC members?  There is no difference. The requirements are in accordance with the provision 
of the East African Community Customs Management Act (2004). All licenses 
are valid for a calendar year, that is, January to December . 
Page 269, Paragraph 3.12: The Secretaria t Report notes Tanzania 
has not yet ratified the TFA and the Government expects to ratify 
by the end of Fiscal Year 2018 -2019. Tanzania has designated 
5.9% of its commitments as Category A under the TFA, with 
94.1% of measures under the Agreement remaining  to be 
categorized as B or C. Two of Tanzania 's commitments notified as 
Category A under the Agreement, transparency notifications 1.4 
and 10.6.2, have not been submitted to the WTO, to provide 
traders with the online locations of Tanzania 's information on  
customs procedures and processes and the use of customs 
brokers. This information is due to the WTO upon Tanzania 's 
ratification of TFA.  
 
Does Tanzania still intend to ratify the TFA by the end of its Fiscal 
Year 2018 -2019?  
 Tanzania has not yet ratified the TF Agreement. However, we are at the 
advanced stage of the ratification process according to the domestic 
ratification procedures. We expect, to have TF agreement ratified during the 
coming financial year 2019/2020.  
 
Full implementation of the TF Agreement including notification of categories B 
and C will be made after the ratification process has been completed.  
 
Though, Tanzania has not yet ratified TF Agreement, the Government has 
continued to undertake dedicated effor t in improving business environment in 
the country.  
 
Those efforts include, among other things, the following:  
(a) Establishment and irrationalizing the National Trade facilitation 
Committee;  
(b) Launching of the BLUEPRINT which was approved by the Cabinet in 20 18. 
The BLUEPRINT provides the Governments ' main framework for enabling a 
holistic review of the business enabling environment in order to improve 
the business climate in Tanzania. It presents key challenges affecting the 
business environment in Tanzania a long with a set of recommendations 
for reforms to put in place a more business friendly environment in the 
country. The BLUEPRINT seeks to put in place a framework for addressing  WT/TPR/M/384/Add.1  
 
- 26 - WTO Member  Questions  Responses  
regulatory hurdles and create a smart, functional, and fair business 
regulato ry regime in Tanzania;  
(c) Introduction of the Online Registration System (ORS) which enables 
business community and public in general, to access all services offered 
by the Business Registration and Licensing Agency (BRELA) wherever they 
are without physicall y visiting the respective offices; and  
(d) Infrastructure development in the form of roads, flyovers, rails ways, 
modernization of harbours and airports which are key enablers in 
facilitating trade.  
Could Tanzania provide a timeline for when it will submit 
information related to its transparency Notification 1.4 and 10.6.2 
to the WTO?  This will be communicated to the WTO Secretariat shortly after the on -going 
Trade Policy Review process is completed.  
Page 269, Paragraph 3.14: The Secretariat Report indicates that 
Tanzania has an informal procedure for issuing advance ruling on 
customs classification matters, and that there is no central 
database for tracking them or disclosure of them to the public. The 
United States notes that as Tanzania pursues Article 3 on Advance 
Rulings under the TFA, Members to the Agreement are expected to 
at a minimum publish the requirements for the application for an 
advance ruling, the time period by which it will issue an  advance 
ruling, and the length of time for which a ruling is valid.  
 
Does Tanzania have a timeline for formalizing its advance ruling 
process and publishing on the Internet the requirements for the 
application for an advance ruling, the time period by whi ch it will 
issue and advance ruling, and the length of time for which a ruling 
is valid?  Advancing ruling is issued formally according to the East African Community 
Customs Management Act Section 24 and it lasts for the period not exceeding 
12 months from the date of issuance.  
Does Tanzania provide for advance rulings on issues other than 
classification of goods, such as valuation or rules of origin? Are 
advance rulings valid throughout all ports of entry?  Advance ruling cuts across all three issues of classification, rules of origin and 
valuation as per Section 248A of the CMA (2015 amendment). Advance ruling 
issued by TRA are valid through all ports of entry.  
What is the time period for which an advance ruling is valid?  
 
 
 
What is the process for ap pealing an advance ruling in Tanzania?  
 Advance ruling cuts across all three issues of classification, rules of origin and 
valuation as per Section 248A of the CMA (2015 amendment). Advance ruling 
issued by TRA are valid through all ports of entry.  
 
Advance ruling lasts for the period not exceeding 12 months from the date of 
issuance. The appeal is done by writing an official letter to the Commissioner 
of Customs. The decisions on appeal are issued as soon as possible.  
3.1.6 Anti -dumping, countervai ling, and safeguard measures  
Page 274, Paragraph 3.31: According to Tanzania 's TPR, Tanzania 
periodically implements import restrictions on agriculture products.   
 
Please provide additional information regarding these import 
restrictions.  For example, plea se identify the process for putting in 
place such restrictions, what products have had such restrictions 
put on them, and why those restrictions were put in place.  In accordance to Plant Protection Act 1997, Plant Protection Regulations 1999 
and various In ternational Phytosanitary Standards Measures (ISPMS), 
Tanzania impose restrictions on importation of commodities based on Pest 
Risk Analysis (PRA) results to avoid the introduction of harmful organisms.  
 
Restricted pesticides include: Ozone depleting agent s like Methyl Bromide 
fumigants which are restricted under Montreal Protocol with the exceptional of 
fumigation on wood packaging materials.   WT/TPR/M/384/Add.1  
 
- 27 - WTO Member  Questions  Responses  
 
Section 3.3.6 Government Procurement  
Page 284, Paragraph 3.78: Tanzania is neither a member or nor an 
observer to the WTO Agreement on Government Procurement 
(GPA). Becoming an observer to the GPA would allow Tanzania to 
engage with other countries on matters relating to government 
procurement and would not require Tanzania to take on any 
obligations.  
 
Will Tanzani a consider becoming a GPA observer?  Tanzania notes and appreciates for the suggestion. We will undertake further 
consultations and analysis in the capital which will inform our position on this 
suggestion.  
Page 285, Paragraph 3.80: The Secretariat Report  notes that 
Tanzania provides a preference for local bidder, and that there is a 
"national tender " mechanism for procurements that fall under 
certain thresholds for goods, works, and services.  
 
How does Tanzania define "domestic " or "local" for goods, work s, 
and services? Is it based on the nationality of the firm or through 
some other method?  
 
 
 
 
 
Does Tanzania collect statistics on the country of origin of goods, 
works, and services that it procures?  
 Section 3 of the Public Procurement Act. CAP. 410 as Amended in 2016, 
defines "Local Firm " means a firm whose majority share capital is owned by 
citizens of the United Republic "  
 
• Section54 (2) of the PPA states that; The procuring entity shall, when 
procu ring goods, works or services by means of international or national 
tendering, or when evaluating and comparing tenders, grant a margin of 
preference for the benefit of tenders for certain goods manufactured, 
mined, extracted or grown in the United Republi c, for works by Tanzania 
contractors or services provided by Tanzania consultants, provided that this 
is clearly stated in the tender documents subject to the provisions 
prescribed in the regulations made under this Act.  
 
The Authority enforces compliance of the Procurement Act to Procuring 
entities and develops procurement guidelines for the same.  
 
Yes, Tanzania collects relevant statistics in relation to country of origin of 
goods. In practice, TANCIS automatically requires for the details of the 
country of origin of a particular consignment at the time of declaration.  
 
As regards to services, efforts are in advanced stage to start collecting data on 
trading in services by country of origin. The arrangement will involve 
commercial banks which facilitate payment of trade in services.  
3.3.7  Intellectual property rights  
Page 287, Paragraph 3.91 : The Report notes that work on 
developing a national IP strategy was underway as of October 
2018.  
 
Please provide an update on this work, and, if possible, identify 
key topics under consideration.   Please also provide information on 
how the success of this strategy will be evaluated.  The IP strategy still being developed in conjunction with the National IP Policy.  
The success of this strategy will be evaluated through the  M&E framework 
which will also be developed at the same time with the strategy  
The IP strategy still being developed in conjunction with the National IP Policy.  
The success of this strategy will be evaluated through the M&E framework 
which will also be dev eloped at the same time with the strategy.  
 
3.3.7 Intellectual property rights  
Page 287, Paragraph 3.91 :  
The Report notes that work on developing a national IP strategy 
was underway as of October 2018.  The IP Policy and its Strategy is in final stage of approval.  
 
The draft IP Policy addresses:  the conventional issues  of industrial property 
ranging from patents, Utility Model, trade and service Marks to geographical  WT/TPR/M/384/Add.1  
 
- 28 - WTO Member  Questions  Responses  
 
Please provide an update on this work, and, if possible, identify 
key topics under consideration.   Please also provide information on 
how the success of this strategy will be evaluated.  indications, traditional knowledge and folklore as well as copyrights, 
neighbouring rights. In addition, this policy also sets a national position on 
wide array of issues of intellectual. The implementation strategy details how 
M&E framework will be conducted.  
Page 288, Paragraph 3.94 : The Report provides a brief summary 
of the Copyright and Neighbouring  Rights Act.  That law dates back 
to 1999.  
 
Is there any consideration to amending that law, especially given 
the adoption of various international treaties (such as the WIPO 
Copyright Treaty, the WIPO Performances and Phonograms Treaty, 
the Marrakesh Treaty) since then?  
 Tanzania is in a process t o amend its Copyright and Neighbouring Rights Act 
No. 7 of 1999 (Mainland) and the Copyright Act No . 14 of 2003 (Zanzibar).  
 
We have already done stakeholders meetings both in Tanzania Mainland and 
in Zanzibar. In so doing, we have received comments from the World 
Intellectual Property Organization (WIPO) on the recommendations. The draft 
is now at the stage of being tabled at the Cabinet Secretariat.  
 
One of the recommendations is to have provisions from the Internet Treaties, 
Beijing Treaties and Marrake sh Treaties.  
In Zanzibar, the current stage is to present it to the Management Committee, 
Principal Secretaries Committee, Ministerial Committee then to House of 
Representative.   
Additionally, Tanzania is also in a process to sign the four treaties namely the 
WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, 
Beijing Treaty, and the Marrakesh Treaty.  
 
Tanzania through the Ministry of Industry and Trade (Mainland), Ministry of 
Youth, Culture, Arts and Sports (Zanzibar), the Copyright Society  of Tanzania 
(COSOTA), the Copyright Society of Zanzibar (COSOZA), and Tanzania League 
of the Blind has done Stakeholders meetings regarding Beijing Treaty. It is 
now to be tabled at the Cabinet Secretariat.  
 
Regarding the Internet Treaties, the Ministry o f Industry and Trade 
(Mainland), Ministry of Youth, Culture, Arts and Sports (Zanzibar), the 
Copyright Society of Tanzania (COSOTA), and the Copyright Society of 
Zanzibar (COSOZA) will conduct stakeholders ' meetings for signing of the 
three treaties.  
Annex 5 Uganda  
 
2.3 Trade Agreements and Arrangements  
Page 366, Paragraph 2.13:   
 
When is the current status of Uganda 's outstanding notifications?  A notification committee was constituted last year to handle all outstanding 
notifications during this calendar year. 
 
3.1.1. Customs procedures and requirements  
Page 369, Paragraph 3.4:  Uganda provides an import declaration 
form (C17) to traders in order to submit necessary documents 
electronically for goods to be released by Uganda Customs.  
 
Could Uganda note if Form C17 is available to the public for use 
online?  This form is available online via the URA web portal.   WT/TPR/M/384/Add.1  
 
- 29 - WTO Member  Questions  Responses  
Page 369, Paragraph 3.5: The Secretariat Report indicates that 
Uganda has launched an Electronic Single Window (UESW), 
connecting multiple agenci es involved in the regulation or control 
of imports, and allowing importers to track the status of every 
stage of document clearance. The United States notes that Uganda 
designated Article 1.4 of the TFA as Category A under the 
Agreement.  However, Uganda h as not provided a list of internet 
resources on its customs procedures and processes for traders to 
the WTO, which could include the single window portal.  
 
Could Uganda provide a timeline for submitting its information for 
transparency notification 1.4 to the WTO?  
 
Could Uganda note if there is a fee required to use this portal?   
Page 369, Paragraph 3.6:   
 
What factors does Uganda consider in risk profiling of imported 
agricultural products?   
Page 370, Paragraph 3.9: Uganda indicates that customs clearing 
and/or forwarding agents are not mandatory.  However, in practice, 
the majority of customs declarations are handled by these agents.  
 
Does Uganda publish the legal process for granting licenses and 
becoming a customs agent?   
3.1.2  Customs valuation  
Page 370, Paragraph 3.12: The Secretariat Report notes that 
Uganda maintains a reference price database for when a customs 
declaration is found unsatisfactory.  
 
Can Uganda please elaborate about the circumstances for when a 
customs agent would use the refe rence price database rather than 
the declared transaction value of the good? What circumstances 
are considered "unsatisfactory "?  
3.1.4.3  Preferential Tariffs , Page 371, Paragraph 3.22:   
 
Please explain whether Uganda applies a different amount 
reduction in the CET for goods originating in other COMESA 
countries compared to what Burundi, Kenya, and Rwanda apply for 
goods originating in other COMESA countries under the EAC -
COMESA FTA.  If so, please explain why.  Uganda joined the COMESA FTA and give 100% reduction not 80% of goods 
originating from COMESA Partner States, except a few items for which phase 
down schedule is being developed within a reasonable time. Uganda remains 
at the forefront of driving regional integration.  
 
3.3.6  Government Procurement  
Page 381, Paragraph 3.93: The Secretariat Report notes that 
Uganda provides a preference for local bidders for goods and 
services. The Secretariat reports how Uganda defines a domestic 
good for the purposes of this preference.    WT/TPR/M/384/Add.1  
 
- 30 - WTO Member  Questions  Responses  
 
How does Rwanda define "domestic " or "local" for services? Is it 
based on the nationality of the firm or through some other 
method?  
 
Does Uganda collect statistics on the country of origin of goods, 
works, and services that it procures?  
Page 382, Paragraph 3.99: The Secretariat Report notes  that 
Uganda is neither a member or nor an observer to the WTO 
Agreement on Government Procurement (GPA). Becoming an 
observer to the GPA would allow Uganda to engage with other 
countries on matters relating to government procurement and 
would not require Uganda to take on any obligations.  
 
Will Uganda consider becoming a GPA observer?   
3.3.7.2  Copyrights  
Page 384, Paragraph 3.117 : The Report provides a brief summary 
of the Copyright and Neighboring Rights Act, 2006.   
 
Is there any consideration to amending that law, especially given 
the adoption of various international treaties, such as the WIPO 
Copyright Treaty and the WIPO Performances and Phonograms 
Treaty?  We note that Uganda ratified the new Marrakesh Treaty in 
April 2018, and it entered into force in July 2018.     
Questions based on the Government Report (WT/TPR/G/384)  
 
Page 15, Paragraph 6.5:  
 
Please clarify the nature of the bilateral trade agreements 
described in paragraph 6.5,  
Do these agreements include reciprocal tariff reduction?  These are trade cooperation agreements that do not have implications on tariff 
rates, i.e. They do not have reciprocal tariff reduction.  
Page 15, Paragraph 6.6:   
 
What is the legal effect of Kenya ratifying the EAC -EU EPA if the 
other EAC partner states have not ratifie d the agreement?  The EAC -EU EPA can only enter into force after all the EAC Partner States 
have ratified it.  
Page 15, Paragraph 6.7:   
 
What is the status of the Tripartite FTA that was signed on 15 June 
2015?   
Has the agreement been ratified and entered into force?  
 Phase 1 of the tripartite negotiations on goods was completed in 2015 and the 
Tripartite Agreement signed by the Tripartite Heads of State and Government 
in June 2015 in Sharm El Sheikh , Egypt.  
 
Out of the 26 countries (now 29 because of the r ecent entry of South Sudan, 
Somalia and Tunisia), 22 Tripartite Countries have signed the Agreement and 
four countries have ratified.  
 
In regard to Tripartite Rules of Origin, an Annex has been negotiated and 
adopted and in addition, 91.5% of the tariff li nes have been successfully  WT/TPR/M/384/Add.1  
 
- 31 - WTO Member  Questions  Responses  
negotiated and agreed. A draft manual for the implementation of the Annex on 
Rules of Origin has also been developed.  
Page 15, Paragraph 6.10:   
 
Under the EAC Common External Tariff, how do Burundi, Kenya, 
Rwanda, and Uganda implement their commitments under the 
COMESA FTA when Tanzania is not a member of COMESA?  
 
Under the EAC CET, how does Tanzania implement its tariff 
commitments under the SADC FTA when Burundi, Kenya, Rwanda, 
and Uganda are not members of SADC?   
 
Are the t ariff liberalization commitments under the COMESA and 
SADC FTA harmonized, or identical?  The integrity of CET is maintained despite the commitments under COMESA 
and SADC FTAs. Section 112 of the EAC Customs Management Act, 2004 is 
the legal basis and provi des the criteria for application of preferential tariff 
treatment to goods imported under SADC and COMESA arrangements.  
 
Page 39, Paragraph 4.1.2:  
 
When do the EAC members intend to notify their domestic 
support?   
THAILAND  PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
3.3.4 Competition policy and price controls (Pages 36 - 37) 
 
This particular section mentions the "cross-border effects " of the 
EAC Competition Act of 2006. Please elaborate more on how the 
Act is applied and enforced on the members of the EAC, for 
example, how the commissioners ' get selected, how to determine 
courts ' jurisdiction and how the result gets enforced.  
 As provi ded by Section 38 of the EAC Competition Act, 2006 the 
Commissioners were appointed by the Council of Ministers. The EAC 
Secretariat had developed criteria specifying requirements to assist Partner 
States in nominating Commissioners.  
 
The EAC Competition Authority has been strengthening the necessary 
infrastructure such as amendment of the Act in line with international best 
practices, and development of regulations, among others. Therefore,  it has 
not commenced substantive enforcement of the Act. The enfo rcement of the 
Act will commence in the financial year 2019/2020. The Authority will notify 
the public  by gazetting the date on which it will commence substantive 
enforcement  the Act.  
3.3.5 Intellectual property rights  
 
3.83 Counterfeiting and piracy of  trademarks and copyrights 
remain a serious challenge to IPR protection in the region. Efforts 
are being made at the regional level to fight counterfeit and 
pirated products. An EAC Policy on Anti -Counterfeiting, which 
resulted in the Draft EAC Anti -Counte rfeit Bill (2013) being 
developed. The Bill seeks to provide a legal framework for EAC 
members to prohibit trade in counterfeit goods. (Page 38)  
 
Draft EAC Anti -Counterfeit Bill (2013). Is it Effective? In the case 
that EAC is enforced, all EAC countries must establish domestic 
laws or sign cooperation. And how does this law seek cooperation 
with other counterparts?  The draft EAC Anti -Counterfeit Bill is not yet finalized.   WT/TPR/M/384/Add.1  
 
- 32 - WTO Member  Questions  Responses  
4.1.3 Fisheries (Page 306)  
 
Given the importance of the fisheries sector in Tanzania, please 
indicate whether/the extent to which it is facing the threat of 
Illegal, Unregulated and Unreported (IUU) fishing and the effort it 
has undertaken and/or is planning to undertake to address this 
issue.  
 IUU fishing is a big threat to Tanza nia. This is commonly in the Exclusive 
Economic Zone (EEZ) of the country where there are some foreign fishing 
fleets. To overcome this, the country has established the Deep -Sea Fishing 
Authority mandated for licensing of the vessels intends to fish in the  EEZ. 
Furthermore, the authority is responsible for monitoring compliance to 
licensed vessel through monitoring and surveillance program mes.  
 
Fighting  against IUU fishing is not an easy task and mostly for developing 
countries like Tanzania. It is a costl y exercise and due to resources 
constraints, LDCs, cannot afford to conduct surveillance 24hrs to curb illegal 
fishing.  
 
Tanzania, in collaboration with neighbouring countries conduct joint patrols to 
fight against illegal fishing, though not as much as it  would have been 
expected.  
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
Though what means, if any, do the EAC countries promote 
mutually supportive trade and environmental policies, high levels 
of environmental protection and effective enforcement  of 
environmental laws, whether they be in agriculture, fisheries, 
forestry or other sectors?  EAC countries supports and promotes environment protections in all  context  
Within the framework of WTO General Agreement on Trade in 
Services, the EAC countries  made specific commitments across 11 
sectors, namely, business services; communication; tourism; 
transport; financial; education; environment; recreational, cultural 
and sporting; health; distribution and construction; and related 
engineering services. Tou rism services is the only common sector 
committed by all EAC countries. At the EAC level, EAC countries 
have concluded negotiations in seven sectors, namely: business; 
communication; distribution; financial; tourism and transport, 
where they have made deep er commitments to open their markets 
further than at the WTO GATS level to facilitate the 
implementation of the common market. (Page 13)  
 
EAC has mentioned in the report that they have concluded 
negotiations in seven sectors but only six services sectors  have 
been provided. Which is the remaining sector? In addition, please, 
elaborate on the specific commitments of the services sector, 
which are beyond the WTO/GATS level in term of Market Access, 
National Treatment or Additional Commitment.  Please see the t ables below this matrix for the information. The sub -sectors 
are based on those contained in the W/120 classification list.  
2.5. In matters related to trade with third parties, EAC countries 
negotiate in principle as a bloc. Under the Customs Union 
Protocol, a member may separately negotiate bilateral trade 
agreements, subject to notification to the other members. Such 
agreemen ts should not conflict with the provisions of the EAC received a request from Singapore to negotiate an FTA Agreement. EAC is 
currently undertaking an assessment of the implications of negotiating FTA 
Agreements with selected third Parties including Singapore.   WT/TPR/M/384/Add.1  
 
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Customs Protocol. In principle, pursuant to the Trade 
Negotiations Act, 2008, negotiations are led by a Joint Trade 
Negotiations Commission. However, according to the authorities, 
the Act has never been ope rationalized. In 2014, the EAC Trade 
Negotiations (Repeal) Bill, 2014 was drafted by the Sectoral 
Council on Legal and Judicial Affairs  and submitted to the EALA 
for deliberations. In 2018, the Repeal Bill was referred to the 
Committee on Communication, Tr ade and Investment. (Page 16)  
 
In relation to East African Community 's trade and investment policy 
with third parties, does the Community plan to negotiate any trade 
or investment agreements with ASEAN or any country in this 
region?  
3.13. Customs duties are assessed on the c.i.f. value of goods; 
insurance is mandatory except for inter -EAC transfer of goods. 
The URA uses its own exchange rates that are published on its 
website at the time it approves the customs declaration. A 
valuation database is used for purposes of reference and 
application of al ternative valuation methods where a declaration 
is found unsatisfactory during the vetting process. The database 
of reference values is constituted from previously accepted 
transaction values. (Page 370)  
 
We would like to ask that which alternative valuation method, 
Uganda utilize to determine the price of goods and how to apply for 
it. The alternative methods used are the five methods other than the Transaction 
value method (Method 1 – also called the Principal method) that is provided for 
under the  WTO Agreement on Customs Valuation (ACV). These are  
a) Transaction value of identical goods (Method 20  
b) Transaction value of similar goods (Method 3)  
c) Deductive method (Method 4)  
d) Computed method (Method 5)  
e) Fall –back method (Method 6)  
 
These methods are appli ed sequentially in deriving customs value.  
 
CHINA  Questions based on Report by the Secretariat (WT/TPR/S/384 -01) 
 
Page 16, Para 2.5 -2.6  
 
It is mentioned in the report that "Under the Customs Union 
Protocol, a member may separately negotiate bilateral trade 
agreements, subject to notification to the other members. " In this 
sense, can EAC countries negotiate bilateral trade agreement with 
another country at their discretion? Is it required additionally to 
apply for authorization from EAC before the initiation of a bilateral 
FTA? 
 As a Customs Union and Common Market,  EAC Partner States are obliged to 
coordinate their trade relations with third Parties and to adopt common 
principles in particular in relation to: tariff rates; conclusion of tariff and trade 
agreements; the achievements of uniformity of measures of liber alization; 
export promotion strategies; and trade remedies. The EAC Summit of 2002, 
Article 37 of the Customs Union Protocol and Article 37 of the Common Market 
Protocol attest to this.  
  
Article 37 (4a) of the Customs Union Protocol states that a Partner State may 
separately conclude or amend a trade agreement with a foreign country 
provided that the terms of such an agreement or amendments are  not in 
conflict  with the provisions of the protocol. The paragraph also describes the 
process whereby a Partner S tate intends to conclude or amend such an 
agreement, i.e.  a Partner State that intends to negotiate such agreement with 
a foreign country should send its proposed agreement or amendment to the 
EAC Secretariat for other Partner States to make comments and p roposals 
that will be considered by the Council of Ministers within a period of sixty 
days.    
  WT/TPR/M/384/Add.1  
 
- 34 - WTO Member  Questions  Responses  
In the foregoing,  FTAs separately would jeopardize the implementation of the 
CU Protocol. However, Trade cooperation agreements that do not have 
implications on tariff rates, etc. could be concluded individually, following the 
process in Article 37 para 4., which involves authorization from the Council.  
Page 20, para 2.30  
 
It is reported that the Africa is actively pushing forward the 
establishment of AfCFTA. Will it have an impact on the economic 
and trade cooperation between EAC and other WTO Members?  
 Impact of AfCFTA on the Economic and Trade cooperation between EAC 
Partner States:  
In principle, a positive impact to increase  intra-African Trade it is expec ted 
between all African countries. However, given the fact that EAC as regional 
block with a customs Union applying CET, it is expected that the tariff 
liberalization process with other African countries in the AfCFTA in line with the 
liberalization modali ties, the bloc/ EAC countries will consider the applied CET 
in its schedule of Commitments.  
 
Impact of AfCFTA on the Economic and Trade cooperation with other WTO 
Members:  
The AfCFTA is a free trade area, tariff liberali zation is only among the FTA 
membe rs, while AfCFTA State parties will maintain their MFN Applied Duty to 
WTO Member States.EAC will maintain its external tradepolicy with other WTO 
members who are not members of AfCFTA.  
Notwithstanding that, A.U Summit recommended that all A.U member state s 
should refrain from entering into a bilateral trade arrangement before the 
AfCFTA enters into force to avoid any disruption that might undermine the 
current AfCFTA progress and interfere with the continental commitment to 
speak with one voice. Nonetheles s, Art.18 of the agreement establishing the 
AfCFTA and Art.4 of the protocol on Trade in Goods, provide for continental 
preferences and addresses the third-party trade arrangements between 
AfCFTA states parties and the third party.  
Questions based on Report by the EAC (WT/TPR/G/384)  
 
Page3, para 1.7  
 
Some EAC countries are members of different regional economic 
communities (RECs) simultaneously. In this case, how could an 
EAC country deal with such overlap or disparity among intricate 
rules and provisi ons of different RECs when conducts negotiating 
FTAs with another country  Although the EAC Partner States are members of different RECs (Tanzania -
SADC: Burundi, Kenya, Rwanda, Uganda -COMESA), they negotiate as a bloc 
with third parties on the basis of bein g a customs union.  
 
Current efforts to harmonize multiple membership in regional economic 
communities is being addressed through negotiations for the Tripartite Free 
Trade Area (EAC -COMESA -SADC) and AfCFTA.  
  WT/TPR/M/384/Add.1  
 
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UKRAINE  PART I: QUESTIONS REGARDING THE SECRETA RIAT REPORT 
(WT/TPR/S/384)  
 
Page 7 (Para 17)  
 
Under the Report, the EAC countries continue to experience 
challenges in the harmonization of their regimes on SPS -related 
measures, standards and technical regulations, particularly 
concerning the mutual recognition of inspection certificates, and 
this contributes to further increasing trade costs in the region.  
According to available information, Ukrainian companies are also 
adversely affected by burdensome certification procedures when 
exporting products  to the EAC member States.  
 
Ukraine would appreciate if the EAC countries could share their 
views and intentions concerning possible simplification of current 
certification regime, in particular for such items as food products, 
cosmetics, pharmaceuticals, household chemicals, fertilizers and 
seeds.  EAC Partner States have negotiated a Protocol on SPS for cooperation on SPS 
related measures. This is currently under ratification by all the Partner States.  
 
Considering the SPS protocol is not yet implemented, challenges related to 
inspection and certification procedures maybe true for SPS but not TBT in 
terms of standards, technical regulations and conformity assessment . 
 
In regard to TBT, EAC countries undertake standards and conformity 
assessment procedures ( inspection, certification and testing) are based on 
international standards such as IEC/ISO 17020 for inspection, 17065 for 
certification and 17025 for calibration and test laboratories.  
 
Peer Assessment is undertaken on an annual basis to assess each Part ner 
States Conformity Assessment procedures in line with international standards  
 
EAC partner states are in continuous engagement in harmonization of 
standards, regulations, conformity assessment procedures, and SPS measures 
to facilitate trade.  
 
Uganda:  
The requirement for certification of goods including the need for pre -shipment 
inspection (PVoC) is to protect the public and consumers from products that 
may cause harm if they do not meet the quality and safety specifications of 
the relevant mandatory tec hnical regulations and standards.  
Simplification of the conformity assessment processes while achieving the two 
main goals of consumer protection and trade facilitation remains and will be 
the continual improvement goal for the EAC conformity assessment s ystem. 
Efforts will continue to be exerted to ensure close collaboration between the 
TBT & SPS Institutions to ensure expeditious handling and conformity 
assessment of products – single window; harmonization, mutual recognition 
etc. These are regulated pro ducts and it is not envisaged that requirement for 
obtaining certificates indicating conformity will be waived of. What is 
envisaged is the continuous improvement of the various conformity 
assessment processes through a risk -based approach.  
Are there any  plans for possible termination of necessity to obtain 
certificates for abovementioned goods?  
 Activities undertaken for legitimate objectives without imposing unnecessary 
obstacles to trade consistent with the WTO TBT/SPS Agreements.  
Termination is not a n option.  
What authorities are responsible for making decisions in this area 
at EAC level and in individual EAC countries?  
 Local Authorities, Bureaus of Standards, Ministries responsible for Agriculture, 
Food and Drug Authorities. Multisectoral as per t he mandate varying from one 
country to the other  
 
In Kenya, the authorities are Kenya Bureau of Standards, Kenya Plant Health 
Inspectorate and Pharmacy and Poisons Board, and Directorate of Veterinary 
Services.  
  WT/TPR/M/384/Add.1  
 
- 36 - WTO Member  Questions  Responses  
In Uganda, the authorities responsible for making decisions in relation to 
imported  food products, cosmetics, pharmaceuticals, household chemicals, 
fertilizers and seeds are UNBS, MAAIF, NDA and DDA.  
What potential mechanism for cooperation between EAC members 
and third countries can be envisaged  in the area of certification?  There are cooperation possibilities in the context of relevant international 
agreements including TBT and SPS agreements.  
Page 10 (Para 1.6)  
The Report states, "Efforts are ongoing with a view to 
strengthening financial operations within the region. The African 
Development Bank is funding the EAC Payment and Settlement 
Systems Integration Project (EAC -PSSIP). The objective of the 
Project is to contribute to the modernization, harmonization and 
cross-border interoperabilit y of payment and settlement systems 
for commercial, securities market and retail transactions across 
the EAC. A cross -border payment system was launched in 2013, 
allowing traders in the Community to conduct real -time 
transactions in their local currencies.  In 2018, the East African 
Legislative Assembly passed the East African Monetary Institute 
Bill, establishing the EAC Monetary Institute as a transitional 
institution in charge of carrying out the preparatory work for the 
monetary union. " 
 
Taking into acco unt involvement of the EAC member States' banks 
and financial institutions in this process, could the EAC, please, 
describe indicators of a non -transparent ownership structure and 
approaches to revealing banks ' beneficial owners, which are used 
by the cent ral banks in the EAC countries?  
 Uganda:  
In Uganda 's case, the vetting process to discover the ultimate shareholders/ 
beneficial owners (> 5% stake) is never triggered by indicators of capacity, 
but rather automatic (followed even in cases that might be co nsidered 
obvious). However, non -transparent structures are usually laid out in complex 
webs of owners, both institutional and individual. They often have trusts in the 
ownership layer, and companies may not all be from the same jurisdiction.  
I. To ensure kno wn beneficial owners, and to mitigate the risk 
of a bank becoming a conduit for illegal activities such as 
money laundering, entities are awarded banking licenses in 
the following instances;  
II. If they are financial institutions regulated in a recognized 
jurisdiction ( e.g. banks licensed in another country). BoU 
consults the regulator in that jurisdiction to verify 
ownership.  
III. If the applicant is a private non -financial entity, they must 
be listed on a recognized stock exchange.  
IV. Individuals, together with related parties (e.g. relatives) 
cannot own more than 49% of the bank 's equity.  
V. All unregulated applicants undergo a due diligence process 
of identification process conducted by BoU, to determine 
ability to recapitalize, and lack of criminal background 
among others.  
VI. It is noteworthy that the vetting process is continuous, and 
shareholders are fit and proper until they are not.  
What are the types of activities of non -banking financial 
institutions requiring authorization/licensing?  
 These are numerous,  and cannot all be listed herein. They fall under the 
purview of four key regulatory authorities including: the Capital Markets 
Authorities; the Sacco Societies Regulatory Authorities; the Retirement 
Benefits Authorities and the Insurance Regulatory Author ities across the EAC.  
Some of these activities include:  
• Licensing and regulation of Capital Markets activities;  
• Retirement benefits regulation and retirement benefits investment 
regulation and policies;  
• Regulation of insurers, licensing insurers and reinsu rers, brokers, 
agents and other service providers; and  
• Licensing and regulation of SACCOs and their activities  
Rwanda:  
In the Rwandan context Non -Banking FinancFIs are required to abide by the 
regulations ' requirements:  
- Minimum paid up capital required   WT/TPR/M/384/Add.1  
 
- 37 - WTO Member  Questions  Responses  
-A detailed business plan specifying the sector of operations, financial 
assumptions, SWOT analysis,  
- Shareholding and governance structure  
-Fit and propriety information on direct and indirect significant shareholders as 
well as Directors and senior managers  
- Capital structure and its source  
- Business reputation for existing NBFIs  
- Non-objection  from home regulator in case of foreign NBFI  
 
Uganda:  
Please note that the National Payments System (NPS) Bill is yet to become 
law in Uganda. Moreover, regulations to operationalize such a law when ready, 
are yet to be put in place. Thus, wherever relevant (pertaining to payments), 
the discussion below refers to the NPS bill (please refer to appendix on 
components of the payments system, in Uganda 's case) . 
In the event a Non -Bank Financial Institution (NBFI) seeks to participate in the 
national payments system, the following require licensing;  
o Payment system operators/providers. e.g. mobile money 
service providers (these tend to be telecom companies in 
Uganda's case), Interswitch, Agency Banking Companies 
(ABCs).  
o Electronic money (E -money) issuers (e.g., mobile network 
operators.  These maybe the same entities operating the 
underlying payment system.  
o Issuers of payments instruments (instruments like cheques 
or debit/ credit cards used to initiate a payment or transfer).  
Supervised NBFIs, although licensed, must seek authorization to participate in 
markets outside the traditional ones for which they were licensed. E.g. forex 
bureau must obtain authorization to  offer money transfer or mobile money 
services.   WT/TPR/M/384/Add.1  
 
- 38 - WTO Member  Questions  Responses  
What are the key requirements to non -banking financial 
institutions applying for the authorization/licensing?  
 These are varied from Partner State to Partner State. However, specific 
requirements can be obtained from the relevant regulatory websites and or 
institutions.  
 
For example,  Kenya we have:  
Capital Markets Authority: https://www.nse.co.ke ; 
Retirement Benefits Authority: http://www.rba.go.ke ; 
Insurance Regulatory Authority: https://www.ira.go.ke ; and  
Sacco Societies Regulatory Authority: https://www.sasra.go.ke  
Uganda benefits Regulatory Authority @ubra.go.ug  
Social Security Regulatory Authority (SSRA) Tanzania  
National bank Rwanda (BNR) Rwanda  
South Sudan Pension Board  
 
Rwanda:  
The licensing procedures is r elated to analysis of information submitted (as 
above) and after being satisfied that the NBFI meet the licensing 
requirements, we issue a license. The assessment of source of funds is one of 
the other assessments  of an applicant as well as the financial s tanding and 
strength.  
What are the approval procedures, including verification of sources 
of funds used for capital formation, assessment of financial 
standing, business reputation and transparency of applicants ' 
ownership structure?  
 Uganda:  
 
Approval is a function of the due diligence outcome. The bank vets ' potential 
institutional owners by contacting regulators in the jurisdictions in which they 
are licensed, or other regulatory bodies, as well as law enforcement agencies 
such as Interpol. The bank e ngages lawyers to assist with due diligence 
(especially of foreign based applicants). The due diligence is especially useful 
for complex structures.  
Moreover, the bank assesses financial strength by looking at declared sources 
of funds and checks this agai nst the due diligence results. It may also use 
anecdotal evidence (such as from the press).  
 
Appendix  
Payment systems.  
The payment systems in Uganda are categorized as;  
a) payment systems operated by the central bank which include - 
(i) the Real Time Gros s Settlement System;  
(ii) the Automated Clearing House;  
(iii) the Central Securities Depository for government debt securities;  
(iv) cross border payment systems; and  
(v) Any other payment system that the central bank may establish.  
b) payment systems oper ated by another government entity or in 
partnership with government entities in public interest;  
c) payment systems operated by the private entities, including – 
(i) switches;   WT/TPR/M/384/Add.1  
 
- 39 - WTO Member  Questions  Responses  
(ii) electronic money systems;  
(iii) aggregators or integrators; and  
d) Any oth er payment system as may be approved or licensed by the 
central bank under this Act.  
Page 20 (Para 2.33)  
 
In the context of the investment regime and the EAC 's objective to 
"promote the Community as a single investment area ", could the 
EAC elaborate on the harmonization proposals for VAT and excise 
taxes rates that were developed for consideration by the finance 
ministers in November 2018, as well as on the results of such 
deliberations?  
 Note that this is work in progress and EAC Partner States are stil l 
discussing the harmonization of domestic taxes.  Regarding Excise taxes, 
Partner States have established a list of mandatory excisable goods and also 
agreed to establish a minimum rate  for each of the mandatory excisable good, 
which shall be adopted by all Partner States.   
In order to establish minimum rate to be adopted, Partner States identified 
current rates of excise duty for the mandatory excisable goods/services for all 
Partner St ates in order to identify and agree on the minimum rate that would 
be applicable to all Partner States.  However, it was noted that some Partner 
States impose excise duties based on specific rates while others use ad 
valorem  method.  In this case, comparison s of rates across the EAC Partner 
States became a challenge, as it would require computation of tax 
incidence/tax yield per unit for the case of ad valorem  or converting tax values 
to percentages for the case of specific method.  It was further noted that t his 
computation will require additional information and statistics, which was not 
available during the discussion.  So, at the moment, we are working on 
converting tax yields obtained from ad valorem  rates into specific values per 
unit and/or converting spe cific excise rates into percentages in order to enable 
comparison of minimum excise rates across Partner States and establish a 
minimum rate that will be adopted by all Partner States, as provided for in the 
EAC Policy for harmonization of domestic taxes.  
Regarding the VAT, EAC Partner States have agreed that it is necessary to 
harmonize substantial aspects of VAT including the tax coverage, exemptions, 
bases, rates, credit/refund mechanism, time and place of supply, threshold 
and registration procedures in order to maintain coherence in the domestic 
systems of taxation in the community, which should be developed as the 
principal form of indirect taxation in the community. In view of this, EAC 
Domestic Tax Harmonization Policy stresses on harmonization of VA T as 
guided by the following principles:  
• Destination principle of taxation;   
• Common rules for determining mandatory exemptions and a limited 
list of optional exemptions;  
• Common rules for determining supply,  tax point,  and taxable values;  
• A single positive  standard rate in each PS subject to an EAC -wide 
minimum;  
• Adopt a zero -rating approach for all exports;  
• Adopt a limited zero rating/related VAT reliefs for specific 
domestically consumed goods and services;  
• Adopt common rules for implementing the invoice -credit method, 
credit carry forward, limitations on input credits and reimbursement  WT/TPR/M/384/Add.1  
 
- 40 - WTO Member  Questions  Responses  
for excess VAT paid (paying attention to tax neutrality for 
investments);  
• Adopt a common framework for tax incentives under VAT;   
• Adopt common procedures regarding registra tion rules;  
• Adopt common minimum thresholds for VAT mandatory registration  
Page 36 (paragraphs 3.72 – 3.73)  
 
The Report states that the EAC Treaty requires the countries to 
harmonize sanitary and phytosanitary (SPS) measures for pest and 
disease control . Under the Customs Union Protocol, the EAC 
countries are to cooperate in several areas, including SPS 
measures. In this context, an SPS Protocol was developed in 2013, 
based on the provisions of the WTO SPS Agreement. As of 
December 2017, harmonized measu res and procedures have been 
developed for plants; mammals, birds and bees; fish and fishery 
products; and food safety.  
According to information, provided in Table 3.8 (Para 3.72), in the 
absence of relevant EAC standards and member States ' standards 
in the area of food safety, international food and feed safety 
standards, such as Codex Alimentarius, IPPC and OIE, must be 
used.  
To date, the SPS Protocol has been ratified by Rwanda, Burundi, 
Kenya and Uganda.  
 
Would the East African Community kindly confirm that 
harmonization of its SPS measures is based on international 
standards, guidelines or recommendations, as required under the 
WTO SPS Agreement?  Yes, harmonization is based on SPS Protocol which is aligned to the WTO SPS 
Agreement  
 
 
 
 
 
 
 
 
 
 
 
 
 
Have mentioned harmonized measures and procedures being 
already used in the EAC countries?  
 Not yet. The EAC SPS harmonized measures and procedures  developed for 
plants; mammals, birds and bees; fish and  fishery products; and food safety 
will start to be used once all member states will have ratified them. In 
addition, implementing legal instruments such the EAC SPS bill and 
regulations are being discussed at EAC level.  
Are there any other products for which harmonized SPS measures 
and procedures should be de veloped?  All products were taken into considerations as related to plants; mammals, 
birds and bees; fish and  fishery products; and food safety.  
Does the EAC undertake any type of consultations with domestic 
and international stakeholders during this proc ess? Yes, EAC undertakes National consultations and then regional meetings during 
the process of harmonization of SPS measures and procedures  
What are particularities of control, inspection and approval 
procedures in case of the absence of relevant EAC standards and 
member States ' standards in the area of food safety? What 
competent bodies are responsible for undertaking such procedures 
at import stage?  Every product under the EAC mutual recognition agreement is not subject to 
further certification or te sting. Contrary to that, the national standard may be 
used,  or we can simply refer to the international standard. Now the food lab is 
under the Ministry of Health in the Rwanda Food and Drugs Authority (RFDA)  
Ukraine would also appreciate if Tanzania cou ld inform of its status 
and plans of participation in the process of harmonization of SPS 
measures and procedures at the EAC level.  Tanzania is fully cognizant of the importance of the SPS. Also, we are aware of 
the importance of harmonizing SPS measures within the region.  
  WT/TPR/M/384/Add.1  
 
- 41 - WTO Member  Questions  Responses  
 While mindful to the importance of SPS issues, however, our internal 
consultation process has taken somehow long er than expected. Partly, this 
has been due to a large number of stakeholders (in the public and private 
sector) to be involved before making sound decision. Presently, we are at the 
final stages (awaits presentation to the Parliament). In that regard, Tan zania 
hopes to ratify the EAC SPS Protocol in a very near period.  
Page 36 (Para 3.74)  
The Report mentions a mutual recognition procedure for veterinary 
vaccines and pharmaceuticals, which was adopted in 2015, 
together with a harmonized registration syst em. 
 
Could the EAC, please, elaborate more on mentioned mutual 
recognition procedure for veterinary vaccines and pharmaceuticals 
and harmonized registration system?  
 
Are these procedure and system applied in all EAC member 
States?  The Mutual Recognition Pr ocedure (MRP)  is a process in which the National 
(Medicines) Regulatory Agency (NRA) of one EAC Partner State, the 
Reference Country (RC), assesses an application for a Marketing 
Authorisation (MA) for a veterinary medicinal product, shares the 
assessment with other NRAs in  countries where the MA is being sought, the 
Concerned Countries (CCs) to obtain their opinions, resulting, for successful 
applications, in the RC and CCs issuing identical MAs simultaneously within a 
defined timeframe. Adoption of the MRP is in line with Chapter 18, Article 
108 (e) of the Treaty of establishment of the East African Community which 
provides for adoption of a common mechanism for ensuring the safety, 
quality and efficacy of Immunological Veterinary Product s (IVPs).  
All the EAC Partner States are participating in the MRP.  
3.3.5 Intellectual property rights  
Page 38 (Para 3.83)  
According to the Report "Counterfeiting and piracy of trademarks 
and copyrights remain a serious challenge to IPR protection in the 
region ". 
 
Would the EAC member States kindly inform how they are 
planning to address these matters, considering that only Burundi is 
a member of WIPO Copyright Treaty, and only Kenya has acceded 
to the Madrid Agreement Concerning the International Regi stration 
of Marks?  
 Kenya:  
Kenya is taking measures to combat counterfeiting and piracy of trademarks 
and copyrights. The following are measures that the government has taken:  
• In 2018, Kenya gazetted an inter -agency anti -illicit trade executive 
committee to deal with illicit trade (Gazette No. 7270 of July 2018). 
The committee consists of CEOs from over 20 enforcement and 
government departments including the private sector.  
• Kenya has taken a bold action to stop the entry of counterfeit goods 
into its marke t by strengthening its border control. New offices have 
been opened at critical border points and staff members have been 
posted.  
• Kenya has also strengthened its law (anti -counterfeit act, 2008) to 
introduce, inter alia , new offences such as trading in counterfeit 
marks, enhancement of powers of ACA inspectors to those of 
customs officers, and introduction of IPR recordation which is aimed 
at addressing imports of counterfeit goods.  
• Kenya has developed a National Action Plan to Combat Illicit Trade. 
This document was subjected to stakeholder participation and review 
and it will be launched in March 2019.  
Kenya does participate in the annual Interpol program mes (EAPCCO) aimed at 
removing counterfeit products in the EAC and southern African countries.  
 
Rwan da: 
Rwanda is in the process of reforming its current legal and institutional 
framework so as to better address counterfeiting and piracy. The newly 
approved policy on IP creates a new IP office which once, established will have 
an office dedicated to liai sing with enforcement agencies to prevent  WT/TPR/M/384/Add.1  
 
- 42 - WTO Member  Questions  Responses  
counterfeiting and piracy. The new IP policy also mandates that Rwanda 
accede to the WIPO Copyright Treaty and the Madrid Agreement, and this is 
expected to occur in the course of this year.  
 
Uganda : To overcome the limitation of private enforcement of IP rights it 
became necessary for Uganda Registration Services Bureau to set up a 
specialised Intellectual Property enforcement unit. In 2016, URSB in 
cooperation with Uganda Police Force established the I ntellectual Property 
Enforcement Unit. The Unit 's role is the enforcement of the law against 
trademark counterfeiting and copyright piracy. URSB has since the 
establishment of the Unit undertaken various intellectual property 
enforcement activities.  
Other enforcers include: The Office of the Director of Public Prosecutions (DPP) 
is responsible for institution and conducting prosecution of offences including 
counterfeiting and piracy to their logical conclusion. DPP on receipt of the case 
file from the Intel lectual Property Enforcement Unit, assesses sufficiency of 
evidence and may institute proceedings or decline to prosecute. Where there 
is a reasonable prospect of a successful prosecution, the DPP institutes 
prosecution proceedings and in supported by the enforcement unit throughout 
the process.  
The High Court has unlimited jurisdiction in hearing cases and therefore 
receives and hears intellectual property cases. The Chief Justice designated 
the Commercial Court to especially hear civil cases of commercial  nature 
including those related to intellectual property whereas criminal matters 
mainly the heard in Magistrate 's courts are mostly heard in the newly created 
division of the Standards, Utilities and Wildlife Court headed by a Chief 
magistrate.  
URSB and U NBS have a common interest in ensuring products that are 
certified as meeting standards are not counterfeit or pirated. In March 2018, 
URSB entered a Memorandum of Understanding with UNBS with the objective 
among others of promotion of quality in goods by among others enforcement 
of standards and intellectual property rights.  
URA through its customs department enforces border measures under the 
various IP laws (Section 86 Trademarks Act and section 56 of the Copyright 
and Neighbouring Rights Act).  
URSB is e xploring opportunities with UCC to ensure that content being 
broadcast or distributed by those entities licensed complies with the law 
specifically the Copyright and Neighbouring Rights Act (Section 28 of the 
Uganda Communications Commission Act).  
The NDA registers drugs and their brand names though the person registered 
for the brand name does not thereby acquire trademark rights under the 
Trademarks Act. As such there is a shared interest in ensuring that those 
brands registered by NDA acquire enforceable  intellectual property rights. To 
that end URSB has jointly carried out sensitization and enforcement activities 
with NDA.   WT/TPR/M/384/Add.1  
 
- 43 - WTO Member  Questions  Responses  
URSB supervises Collective Management Organizations (CMOs). Twenty 
copyright inspectors from the licensed CMOs including Uganda Repro duction 
Rights Organisation, Uganda Performing Rights Society and Uganda Federation 
of Movie Industry were as mandated by law appointed Copyright Inspectors to 
enforce the law against piracy (Section 52 of the Copyright and Neighbouring 
Rights Act).  
 
Tanza nia: 
Regarding the Piracy, Tanzania is in a Process to sign the WIPO Copyright 
Treaty and the WIPO Performances and Phonograms Treaty and to amend the 
Copyright and Neighbouring Rights Act No. 7 of 1999.  
 
Tanzania Mainland through a formalization Committee  comprising of the 
Copyright Society of Tanzania, Tanzania Film Board, National Arts council and 
Tanzania Revenue Authority fight piracy and have more plans to strengthen 
the fighting against piracy in Mainland Tanzania. However, Tanzania will 
continue to have more Ad Hoc Task Force raids comprising of all stakeholders 
in counterfeit and piracy.  
 
For the Zanzibar, task force committee comprise of, Police, Zanzibar Revenue 
Board, the Copyright Society of Zanzibar, right holders, Zanzibar Arts and 
Music Counc il and Immigration.  
4.4 Services  
Page 43 (Para 4.34)  
The Report mentions mutual services liberalization plans of the 
EAC countries.  
 
Could the EAC member States provide more details concerning 
their vision of future policy in trade in services, in particular, 
intentions of participation in negotiations on disciplines on 
domestic regulation in services?  
 EAC Partner States have negotiated and concluded mutual recognition 
agreements in a number of professional services sectors, namely: 
Accountancy, Ar chitectural, Engineering and Veterinarians. There is on -going 
work on MRAs for Legal, Pharmacists and Quantity Surveyors. Partner States 
also cooperate on specific sectors with a view to coordinate and harmonize 
their policies and regulatory frameworks, su ch as in the financial sector, 
transport, tourism, education and health.  
 
Kenya notes that trade in services remains one of the areas with a mandate to 
negotiate multilateral disciplines in WTO. Regarding domestic regulations, 
Kenya has offensive interest in the elimination or reduction of restrictions in 
qualification requirements and procedures, and licensing requirements and 
procedures, particularly in mode 4.  
 
Kenya may consider the possibility of participating in negotiations on 
disciplines on domestic  regulations in services.  
 
Rwanda's vision is to become a service hub and to move from agrarian to 
service economy in particular the Ministry of Trade and Industry is in the 
process of developing Trade in services Strategy. However, at EAC level, the 
EAC S ecretariat with the support of GIZ is carrying out the regulatory 
framework in our respective Partner States to determine the gaps in 
regulatory cooperation .  WT/TPR/M/384/Add.1  
 
- 44 - WTO Member  Questions  Responses  
Uganda has a national policy on Trade in Services Trade and Strategy to guide 
among others, region al and multilateral trade in Services negotiations. At the 
WTO, Uganda participates in the Working Party on Domestic Regulation and 
currently serves as focal point in this area for the LDC Group  in services.  
ANNEX 1 BURUNDI  
 
3.1.1 Customs procedures, valuation and requirements  
Page 73 (Para 3.11)  
The Report mentions, that Burundi has not yet ratified the WTO 
Agreement on Trade Facilitation, but it has notified its Category A 
measures.  
Could Burundi, please, inform of its plans to ratify the WTO 
Agreem ent on Trade Facilitation and further to implement its 
provisions?  Burundi intends to ratify the WTO Agreement on Trade Facilitation in one year.  
 
3.1.3 Customs duties  
Page 73 (Para 3.17)  
Under the Report "In addition to other community duties and 
taxes, Burundi imposes levies such as administrative fees at a rate 
of 0.5% on the c.i.f. value of all imports, the security charge at a 
rate of 1.15% on the c.i.f. value, and a pollution tax of BIF 2 
million per vehicle on all vehicles that are more than ten years 
old." 
 
Would Burundi kindly explain the rationale behind the policy to 
base such additional levies on the c.i.f. value of imports rather 
than the approximate cost of services rendered in connection with 
importation as provided by Article VIII: 1( a) of the GATT 1994?  Administrative taxes are high because it is a way to increase the revenues of 
the Public Treasury because the country does not have many alternative 
means of revenue collection.  
3.3.2 Standards and other technical regulations  
Page 78  (paragraphs 3.56 -3.57)  
According to the Report, all products, that may be imported into 
Burundi, are subjects to the merchandise conformity verification 
programme and must be accompanied by a certificate of 
conformity, which is compulsory for customs cle arance in Burundi. 
If the goods do not meet the requirements, a non -conformity 
report is issued to the exporter, and the goods are not allowed to  
be imported into the country.  
Under the certification procedure, the exporter must pay fees for 
the physical  inspection and documentary review. According to data 
of Table 3.2 the amount of fees for preshipment product 
conformity verification varies from USD 235 to USD 2,375. 
Sampling and testing fees are determined by agents conducting 
the pre -export verificatio n of conformity process (PVoC) on a case -
by-case basis. Any goods subject to PVoC arriving at the port of 
entry without a certificate of conformity are charged a destination 
inspection fee of 15% of their c.i.f. value.  The program me to verify the conformity of goods with all products that may 
be imported into Burundi is required to prevent import ed products from being 
of poor quality.   WT/TPR/M/384/Add.1  
 
- 45 - WTO Member  Questions  Responses  
Would Burundi, please, explain the policy rationale to apply the 
merchandise conformity verification programme to all products 
that may be imported into Burundi?  
How Burundi could ensure that its certification procedure and the 
pre-export verification of conformity process (on a case -by-case 
basis) do not create unnecessary obstacles to international trade?  The country cons iders that these are not technical barriers to trade.  
 
How does the amount of fees for the physical inspection and 
documentary review, sampling and testing, destination inspection 
of imported products correspond to requirements of provisions of 
Article V III: 1(a) of the GATT 1994 and Article 5 (Para 5.2.5) of 
the WTO Agreement on Technical Barriers to Trade?  Fees are collected outside Burundi  
 
ANNEX 2 KENYA  
 
2.4 Investment Regime  
Page 125 (Para 2.24)  
The Report notes, that investors in Kenya can insure against 
political risks through the World Bank 's Multilateral Investment 
Guarantee Agency (MIGA) or the Africa Trade Insurance Agency.  
 
Could Kenya, please, specify how the Africa Trade Insurance 
Agency provides investor 's insurance against politica l risks (which 
political risks are insured, what is the procedure of investor 's 
insurance etc.)?  
 ATI is a multilateral institution, owned by several African States, that provides 
political risk insurance to companies, investors, and lenders interested in 
doing business in Africa. It provides political risk insurance to cover foreign 
direct investment.  
  
Risks covered include Non -honouring of sovereign and sub -sovereign 
obligations & debts; Confiscation, Expropriation & Nationalization; Arbitration 
Award de fault; Currency inconvertibility; War, Civil war & Terrorism and 
Embargo.  
  
ATI products also include commercial risk insurance and surety as well as 
political violence/terrorism insurance. ATI other member countries are 
currently Benin, Burundi, Cote d 'Ivoire, Democratic of Congo, Ethiopia, Kenya, 
Madagascar, Malawi, Rwanda, South Sudan, Tanzania, Uganda, Zambia, 
Zimbabwe,  
  
To apply for investment insurance, email  africanrisks@ati -aca.org  or fill in the 
form on this link  here 
Page 125 (Para 2.24)  
According to the Report "Kenya has signed bilateral investment 
promotion or protection treaties with about 50 countries. " 
However, in the footnote 17 to Para 2.24 only 11 countries are 
listed.  
 
Would Kenya kindly elaborate on the list of all countries with which 
bilateral investment promotion or protection treaties have been 
signed?  Kenya has signed Investment Promotion & P rotection Agreements with a 
number of Countries.  
 
Only 12 Investment Promotion & Protection Agreements are currently in force.  
 
For more information on the above agreements and respective texts go to:  
 
http://www.treasury.go.ke/investment -promotion -and-protection -
agreements.html  
4.1.2 Agricultural policy  
Page 148 (Para 4.10)  
The Report states, "Strategic reserv es stockholding is part of 
Kenya 's strategy for food security. Since 2015, the National 
Cereals and Produce Board (NCPB) has been responsible for 
maintaining a strategic reserve. The prescribed quantities are eight 
million bags of 90 kilograms of maize equ ivalent to be held in • Commercial trading in grains  
• Provision of commodity handling and other grain related services  
including carrying out various social functions such as Strategic Food 
Reserve and Famine Relief in collaboration with national and county 
governments  
• Procuring and marketing high quality farm inputs  
• Provision of storage and gr ain maintenance services to clients   WT/TPR/M/384/Add.1  
 
- 46 - WTO Member  Questions  Responses  
reserve at any given time. This can be in the form of grains, 
pulses, rice, powdered milk or cash equivalent. Replenishment is 
through buying from farmers during harvest time. The stocks are 
offloaded during drought or when there is a  shortage in the 
market. The Stock can also be offloaded after two years to ensure 
fresh supplies and avoid wastage due to pest infestation or expiry. 
NCPB currently provides storage and grain maintenance services, 
and distributes farm inputs, including th e fertilizers procured by 
the Government under its agricultural development support 
programme. "  
 
Could Kenya kindly inform more of the activity of the National 
Cereals and Produce Board?  
Can foreign suppliers take part in procurements of agricultural 
products for strategic reserves stockholding?  No, unless in cases where procurement is on market prices and subject to 
international competitive bidding.  
Would Kenya also clarify at what prices agricultural products for 
strategic reserves stockholding are procured (at current market 
prices or at administrative prices)?  Administrative prices or market price  
 
Can agricultural products, which are offloaded  from the stocks, be 
exported?  No, they  are for domestic consumption  
4.4.4 Tourism  
Page 175 (Para 4.182)  
The Report mentions that the Tourism Finance Corporation (TFC), 
established in 1965, has the mandate of identifying investment 
opportunities in the s ub-sector, providing business advisory 
services, and providing loans (with favourable terms and 
conditions) and credit facilities to investors and entrepreneurs. The 
resources of the TFC are essentially from the budget.  
 
Ukraine would appreciate if Kenya could inform more of the 
functioning and the main achievements of the TFC activity.  The main mandate of the fund has been to provide finance on commercial 
basis for the development of tourism industry in Kenya. The projects covered 
include;  
• Hotel development  
• Non-conventional tourism projects  
• Restaurants   
• Renewable energy projects  
• Health spas  
• Entertainment centres and shopping malls  
 
The main achievement has been the development of tourism infrastructure in 
urban and rural areas such as national par ks that are in rural areas and 
unexploited tourist attractions.  
At what rates and prices does the TFC provide appropriate loans 
and business advisory services to investors and entrepreneurs?  The rates and prices are on commercial basis but negotiated. The finances are 
specific to the tourism industry. The information is publicly available at 
www.tourismfinance.go.ke  
ANNEX 3 RWANDA  
 
3.1.6 Import  prohibitions, restrictions, and licensing  
Page 202 (Para 3.28)  
The Report notes, "Rwanda has not submitted any notifications to 
the Committee on Import Licensing since 2011. At that time, 
Rwanda had affirmed the absence of laws, regulations or 
procedures  relevant to the Agreement on Import Licensing 
Procedures. Nevertheless, prior authorization and/or licence Rwanda will review the gaps and comply accordingly with the  notifications on 
its import licensing procedures before going forward   WT/TPR/M/384/Add.1  
 
- 47 - WTO Member  Questions  Responses  
requirements remain in place for certain imports, including: 
pharmaceuticals and related equipment (Ministry of Health); 
ozone -layer-depleting subst ances and wild animals (Rwanda 
Environment Management Authority); agrochemicals, plants and 
live animals (Ministry of Agriculture). According to the authorities, 
the import licensing regime is not used for quantitative restrictions 
purposes. " 
According to footnotes 19 and 20 to Para 3.28 some import 
licensing requirements were introduced after 2011 (in particular, 
for agrochemicals and plants).  
 
Could Rwanda, please, elaborate, whether it plans to submit 
notifications on its import licensing regime accordin g to provisions 
of the Agreement on Import Licensing Procedures and, if so, 
when?  
PART II: QUESTIONS REGARDING REPORT BY EAST AFRICAN 
COMMUNITY (WT/TPR/G/384)  
 
Page 9 (Para 4.3)  
The Report mentions the business facilitation reforms made by the 
EAC countries, which include, among others: improved customs 
processing system; trade facilitating infrastructure including 
Standard  Gauge Railway, One -Stop Border Posts, electronic cargo 
tracking; establishment of national electronic Single Window; 
introduction of electronic declaration, document processing and 
payment of customs duties and taxes; and rollout of authorized 
economic op erators.  
 
With regard to mentioned business facilitation reforms, could the 
EAC members kindly provide more information on measures taken 
for the establishment of the national electronic Single Window?  Kenya has implemented the Single Window System for all  imports. All the 
current regulatory agencies have access to the system where they upload all 
necessary licenses required before customs release of cargo is granted.  
Would the EAC also elaborate on its member States, in which such 
Single Window mechanism s are already fully functional?  Rwanda, Uganda and Kenya. Tanzania and Burundi are in the process of 
developing the electronic Single Window.  
Page 9 (Para 4.7)  
Under the Report, "The EAC countries ' medium to long -term policy 
frameworks aim at transforming the agriculture sector towards 
higher productivity through sustainable commercialisation of 
production to enhance smallholder farmers ' income for improved 
livelihood, food security and nutrition. " 
 
Would the EAC, please, elaborate on the current development of 
domestic policy on the agricultural sector 's harmonization across 
the EAC?  The EAC Food and Nutrition Security Policy and Action Plan (2018 -2022) and 
the CAADP Regional Agriculture Investment Plan (RAIP) - 2019-2026 are some 
of the instruments that have been developed to address higher productivity 
through sustainable commercialisation of production to enhance smallholder 
farmers ' income for improved livelihood, food security and nutrition.  
  WT/TPR/M/384/Add.1  
 
- 48 - WTO Member  Questions  Responses  
Page 13 (Para 5.2)  
The Report states, "The EAC is implementing a common external 
tariff (CET), which commenced in 2005 with three bands of 0% for 
raw materials and capital goods, 10% for intermediate goods and 
25% for final/consumer goods. There are applied tariff rates above 
25% for products treated sensitive within the community outlined 
under schedule one of the tariff book. " 
Ukraine is seeking further clarifications in terms of the progressive 
reduction of the EAC Common External Tariff. Could the  EAC, 
please, specify the next CET review 's schedule?  EAC is currently undertaking a review of the CET 2017  
COLOMBIA  REPORT OF THE SECRETARIAT - Document WT / TPR / S / 384  
3.1.1 Documentation and customs procedures  
Paragraph 3.5 states that "in 2016 a program me of authorized 
economic operators (AEO) was introduced. Under this program me, 
any person or company with international trade activities can 
benefit from faster customs clearance procedures if it has been 
recognized by the customs authorities as a low risk operator. 
Customs declarations of AEO -certified merchants and 
manufacturers have priority throughout the clearance process. 
Customs and freight forwarders recognized as AEO benefit from 
priority treatment in the freight forwarding chain and  are ex empt 
from the bond deposit requirement. AEO transporters benefit from 
priority clearance procedures at the borders and are exempt from 
the mandatory use of the electronic tracking system.  
 
The EAC countries can provide more information about the benefit 
that arises in the development of the EAC AEO program, for 
carriers that are exempted from the mandatory use of the 
electronic cargo tracking system.  
 Approved Regional AEO benefits:  
 
▪ Automatic passing of declaration;  
▪ No physical examination of goods, excep t for random or risk-based  
interventions.  
▪ ECTS requirement waiver where applicable  
▪ Expedited payment of refund claim  
▪ Reduced Customs security where applicable  
▪ Priority to participate in Customs initiatives  
▪ Guaranteed renewal of Customs license  
▪ Priority treatment in cargo clearance chain  
▪ Waiver of movement bond requirements for AEO  
▪ Self-management of bonded warehouse  
▪ Good reputation for a company;  
▪ Recognition as a low risk reliable business;  
▪ Expedited processing while at Customs;  
▪ Cost savings;  
▪ Increased  turnover and profitability.  
 
The carriers that are exempted from the mandatory use of ECTS benefit in 
terms of reduced time and cost in undertaking their business.  
3.3.2 Standards and other technical requirements  
  
Colombia is interested in obtaining more information about the 
experience of the EAC countries in the revision of regulations in 
force, that is, how often is the regulation revised? Please explain 
the results that have been obtained so far, including the process of 
implementing the reviews a nd if any changes have been made and 
why. Harmonization of EAC Standards is done in accordance with the procedures 
based on ISO/IEC Directives and the Annex 3 of the WTO Code of Good 
Practice.  
 
Conventionally they are revised after every 5 years but in  case of 
implementation challenges or changes in technology they are revised 
accordingly.  
 
Apriority workplan agreed on the three -year period and annual workplan.  
Could the EAC countries confirm if they have considered the 
applicability of the Regulatory Impact Analysis tool to 
systematically evaluate the effects of the proposed regulations.  Kenya Bureau of Standards carries out regulatory impact analysis at the 
proposal stage of standards development.   WT/TPR/M/384/Add.1  
 
- 49 - WTO Member  Questions  Responses  
What is the proportion of the national and foreign certification 
bodies that exist in the EAC countries, as well as which industries 
are involved, respectively?  
 Each Partner State has a certification body anchored within organisations 
established through the governments: Kenya Bureau of Standards; Rwanda 
Standards Board; Tanzania Bureau of Standards; Uganda National Bureau of 
Standards.  
 
Two certification bodies recognised by KENAS are Bureau Veritas Certification 
and SGS certification which operate within the East African countries and have 
offices in Ken ya. 
Industries involved include Agriculture, Food, Printing companies, petroleum, 
pharmaceuticals, chemicals, electrical & electricity supply, hotels, restaurants, 
information technology, public administration, education, health& social work.  
 
A monitoring  tool is under development for all the Conformity Assessment 
Bodies (CABs) in the EAC and their competences  
 
Rwanda  
There are some foreign certification in Rwanda that help to certify  
different companies according to their scheme: SGS, Bureau Veritas, URS,  
Egypt, Ecocert, Africert, DNV,Hallal, Rain Forest Alliance, Organic ceres 
Germany, Fair Trade etc.  
Do the EAC countries plan to establish or increase the number of 
certification bodies abroad, if so, can they present the expected 
plan and schedule?  
 Currently there is no indication that there is a plan to increase certification 
bodies.  
 
i.e. Rwanda does not have any plan to establish certification body abroad 
instead she  uses international accredited bodies where  Rwanda is not able to 
certify local businesses  
Do the technical regulation activities carried out in these countries 
operate in an articulated manner with the other entities that have 
regulatory functions? In practice how is this articulation and how is 
the procedure of preparation, issuan ce and notification of technical 
regulations?   
With regard to transparency when preparing and implementing 
technical regulations, has the possibility of putting the technical 
regulations in international consultation been considered, in order 
to receive comments from interested countries and thus avoid 
creating technical obstacles unnecessary to trade  
 Kenya develops technical regulations based on international standards and 
normally notifies WTO members at draft stage of the regulations as provided 
in the TBT agreement.  
 
When developing technical regulations, available international  
standards are based on and they are notified to other WTO members to gather 
comments and avoid unnecessary obstacles to trade.  
Have you taken into account the possibility of having technical and 
legal mechanisms for the conclusion of "Mutual Recognition 
Agreements" with other countries for the validity, recognition and 
approval of Certificates of Conformity Assessment issued by 
agencies? of inspection and certification, tes ting and calibration 
laboratories accredited in the countries of origin?  KENAS has signed an MOU with Uganda National Bureau of Standards for 
reciprocity in issues relating to Conformity Assessment Activities.  
 
There is a mutual recognition agreement on Qu ality marks and the  
Harmonization of procedures on inspection   WT/TPR/M/384/Add.1  
 
- 50 - WTO Member  Questions  Responses  
In terms of the mutual recognition agreement, can the EAC 
countries illustrate their policies and information on mutual 
recognition agreements signed and executed.  
 EAC has not developed a framework for mutual recognition agreement but  
would appreciate to learn from other WTO members.  
 
It is a requirement by the SQMT Act and the respective regulations for 
designation of laboratories and Recognition of Quality Marks  
3.3.3 Sanitary and phytosanitary measures  
  
Have possible ways to facilitate the application of standards and 
related texts of international reference bodies such as Codex, OIE 
and the IPPC been identified to develop and harmonize sanitary 
and phytosanitar y measures?  EAC has developed and adopted SPS measures on plant health based on 
(IPPC), animal health (OIE) and food safety (Codex)  
What have been the initiatives of governments to establish a 
National Food Control System, which defines the structure 
(entities, competences and procedures) to implement sanitary and 
phytosanitary measures, and facilitate recognition or equivalence 
with other health systems of countries interested in exchanging 
products of animal and plant origin?  Implementation of the harmo nized SPS measures awaits full ratification of the 
SPS Protocol by the EAC Partner States  
What is the procedure used to formulate and establish sanitary 
and phytosanitary measures and that these comply with the risk 
assessment (technical or scientific support), in order to prevent 
them from becoming an unjustified barrier to trade?  The SPS Protocol was developed based on the WTO SPS guiding principles 
including Measures based on science; harmonization; equivalence; 
assessment of risk and transparency  
 
3.3.5 Intellectual property rights  
  
In paragraph 3.77 the Secretariat notes that "the EAC countries 
have different levels of intellectual property protection. However, 
the Protocol establishing the Common Market of the EAC urges 
member countries to coop erate in the field of intellectual property 
rights. "  
  
How does the EAC affect the existence of different speeds in the 
implementation of controls at the border protection level?   
Kenya  
3.3.7 Intellectual property rights  
  
In paragraph 3.118 it states that "in accordance with the Anti -
Counterfeiting Act of 2008, the trade in counterfeit goods is 
prohibited and can be prosecuted. The Anti -Counterfeiting Agency 
was created in 2010 with the mandate to combat counterfeiting, 
trade in counterfeit goods and o ther related activities. Under the 
Act, any holder of an intellectual property right who has valid 
reasons may submit a claim to the Agency for the suspicious goods 
to be seized and withheld. "  
  
In accordance with the Anti -Counterfeiting Act No. 13 of 200 8 of 
Kenya and the corresponding previous version among whose In respect to protecting against entry of counterfeit medicine, the Country has 
gazetted ports of entry through whi ch medicines coming to Kenya must pass 
through. Further, we have gazetted inspectors who manned those border 
controls.  
 
Additionally, all medical products imported into the country must have an 
import license issued by the regulator. Moreover, HS code whi ch are specific 
to health products and technology have been mapped into national trade 
system; Kenya National Electronic Single Window System (KESWS) to ensure 
only products authorize by the regulator get into the country. Only registered 
products and tech nologies are allowed into the country.  
 
There are mini labs (raman spectroscopy) for quality sampling at gazetted 
entry points and regional offices for market surveillance.   WT/TPR/M/384/Add.1  
 
- 51 - WTO Member  Questions  Responses  
objectives was the use of a language that could facilitate their 
understanding while avoiding possible misunderstandings on the 
part of the judges in terms of punishing ordinary activities, and at 
the same time, the use of the Law of protection of intellectual 
property as an effective tool in the reduction of the standard in the 
quality of medicines, mainly, the so -called generic.  
Are there to date measures to counteract the adverse or 
unfavorabl e effects in the application of the anti -counterfeit 
regulations in the sense of providing an adequate approach at the 
time allowing the entry of generic drugs that correspond to the 
quality standards necessary for their entry to the national 
territories o f Kenya, and eventually to the other members of the 
East African Community? Are there border measures for qualitative 
controls of this type?  There is active pharmacovigilance to routinely monitor the products in the 
market.  
 
The gazette notice number 8370 on entry border points is available on the 
regulator website; www.pharmacyboardkenya.org  
Tanzania   
3.1.1 Customs procedures and requirements and customs 
valuation  
  
In paragraph 3.3, the Secretariat reports that "in 2014, the 
Integrated Customs System of Tanzania (TANCIS), an online tool 
that was fully installed in all customs posts in June 2015, was put 
into operation in the continental territory. The system has been 
progressively replacing printed documents with an environment 
without paper support, which has led to significant savings in 
terms of costs and time. It also allows customs to carry out 
intelligence operations, risk management and real -time 
monitoring. Howev er, for the entry of goods through Zanzibar, 
importers must use the electronic system in force in their territory, 
namely, ASYCUDA ++. Both the latter and the TANCIS allow 
transfer of information to other CAO member countries. Tanzania's 
single window syst em (eSWS) is scheduled to be completed by the 
end of 2018. In August 2018 the TANCIS included about a dozen 
more operations of public institutions. "  
  
In terms of trade facilitation, it is considered important to have 
more information in relation to the I ntegrated Customs System of 
Tanzania, particularly in terms of risk management and real -time 
follow -up, a matter in which it is in our interest to know whether 
the risk management system is a comprehensive system that 
includes aspects of control by other a gencies than the customs and 
in real time monitoring if it refers to satellite tracking of cargo in 
transit or import.  The systems as well as performs the Risk management through the Risk 
management module function. Through this module functions the follow ing:  
• Selectivity;  
• Simulation;  
• Compliance level for importer and Declarant (Clearing and Forwarding 
Agent -CFA); and  
• Statistical data.  
 
Selectivity:  
1. Under this criterion, the system selects the goods basing on its 
criterion settings, either red, yellow or green;  
2. It allows the verification/ inspection at all points of entry/exit; and  
3. Basing on this function, the system can route the goods to scanner or 
physical verification (red).  
 
Simulation:  
1. Mainly function is basing on Importer/Exporter History; and  
2. Focus ing on HS Code classification, Valuation or Rules of origin.  
 
Compliance:  
1. Basing on Tax Identification Number; and  
2. The system gives the statistics with regards to importer/exporter or 
country of origin as per set aside criteria.  
  WT/TPR/M/384/Add.1  
 
- 52 - WTO Member  Questions  Responses  
ARGENTINA  Paragraph 4.4. of the Report WT/TPR/G/384 indicates that the EAC 
countries are rolling out other trade facilitation initiatives 
including: trade portals, call centres and business development 
services.  
 
In this regard, could the EAC provide further information on trade 
facilitation measures for the provision of business development 
services available to Members that are not part of the Community?  • Rwanda provide other facilities to members that are not part of the 
Community at the time of Importation and Exportation like:  
1. Adoption of Risk Based Approach during Verification  
2. Implementation of Regional and National Authorized Economic 
Operators (AEO) Scheme  
3. Implementation of Gold Card Scheme -Compliant Traders Scheme  
4. Implementation  of ECTS  
5. Adoption of Cargo Scanning to facilita te quick release while reducing 
the cost of doing business  
6. Extension of working hours to 24/7 and 18/6 at selected major 
borders and Inland Customs offices  
7. Automation of Customs Processes to enhance faster clearance and 
reduce the cost of Doing Business  
Paragraph 5.4. of the Report WT/TPR/G/384 mentions that within 
the framework of the WTO General Agreement on Trade in 
Services, the EAC countries have made specific commitments 
across 11 sectors, namely, business services; communication; 
tourism; transpor t; financial; education; environment; 
recreational, cultural and sporting; health; distribution and 
construction; and related engineering services. Tourism services is 
the only common sector committed by all EAC countries.  
 
From the perspective of the EAC  Members regarding tourism 
services:  
 
What would be the main areas of interest to improve GATS 
commitments in "services related to tourism and travel"?  
 
What service sectors could be considered related to the 
development of the tourism industry?  
 EAC Partn er States are finalizing a Protocol on Tourism for the EAC. After 
conclusion of the Protocol that Partner States could consider improving their 
commitments in the area of tourism at the WTO level.  
 
Kenya has not considered additional sectors for liberaliza tion, but we may 
explore the possibility of considering other sectors.  
The following sectors could be considered:  
• Hospitality  
• Transport  
• Telecommunication  
• Entertainment  
 
Rwanda:  
The Tourism sector is important for the Rwandan economy. Upon the 
establishment  of the WTO, Rwanda liberalized the tourism sector and travel -
related services with no limitation in mode 1 (cross border trade); mode 2 
(consumption aboard); and mode 3 (commercial presence) for hotels and 
restaurants including catering as well as mode 4 (movement of Natural 
persons) with exceptions.  
 
Also, Rwanda is completely open under the Environmental services and 
Recreational, cultural and sporting services that are related to Tourism. The 
main area of interest is under the Standards of accommodation  
establishments and Tour operations in Rwanda.  
 
Other tourism related services such as Education and Health are also bound 
without limitations. In addition to this commitment, the favorable national 
investment climate has contributed in, and will continue to, attracting 
international hotel brands and other tourism services suppliers. Rwanda 's 
schedule of specific commitments under the General Agreement on Trade in 
Services reflects a level of binding commensurate with Rwanda 's level of 
development with ambi tion for a steady development of this sector. In  WT/TPR/M/384/Add.1  
 
- 53 - WTO Member  Questions  Responses  
addition to the WTO commitment, the existing autonomous liberalization in 
Rwanda makes the Rwandan economy one of the most open in the world. 
Furthermore, Rwanda is engaged in a comprehensive trade liberaliz ation 
agenda for both goods and services under EAC and AfCFTA  
 
Uganda:  
The WTO LDC services waiver expounds on the needs of our country in regard 
to the tourism sector. All services sectors contribute to the development of the 
Tourism Industry. For example ; accommodation, Transport, Health -tourism, 
Creative industry, Arts & Designs, Culture Construction, ICT and Professional 
Services.   
Kenya  
3.1.1 Registration, customs procedures and documentation  
 
Paragraph 3.1 indicates that customs procedures in Kenya are 
governed mainly by the provisions of the EAC Customs 
Management Act (Common Report, Section 3.1.1). The Kenya 
Revenue Authority (KRA), through its Customs Services 
Department (CSD), is responsibl e for customs administration. At 
the border, KRA enforces various import and export controls in 
collaboration with other government agencies: Kenya Bureau of 
Standards, Kenya Plant Health Inspectorate Service, Directorate of 
Veterinary Services, National B iosafety Authority, Port Health 
Services, Kenya Police Services, and Kenya Fisheries Service.  
 
Considering that many of the goods imported by Kenya are 
perishable, do the Kenyan authorities believe that these processes 
of import controls could be improved  by reducing the time they 
involve?  Use of the Single Window has helped to reduce clearance time, especially for 
perishable goods. Importers/their agents are allowed to get permits using 
advance information. Currently, goods are required to be inspected at  origin, 
and the certificates are uploaded into the single window system in advance, 
before arrival of the cargo.  
 
Kenya believes that these processes of import controls could be improved in 
the following ways;  
• Use of non -intrusive verification eg scannin g 
• Application of a one -shop verification point, where all interested agencies 
verify the goods once at -the-same -time. 
• Use of risk analysis to target goods for verification.  
 
BRAZIL  Secretariat Report , Page 26 (Para. 3.28)  
The number of non -ad valorem tariff lines increased from 13 
(0.2% of total lines) in 2011 to 55 (1.0% of total lines) in 2018 
(Table 3.2), as a result of, inter alia , shifts from ad valorem (e.g. 
the rate of 10%) to mixed tariffs, mainly on steel products (HS 72) 
(Table A3.2). The inc reasing number of tariff lines with non -ad 
valorem rates adds to the complexity of the tariff structure. 
According to the authorities, tariff lines with non -ad valorem rates 
are meant to protect against adverse effects of undervaluation due 
to complexities  in the valuation of products .  
 
Could EAC members elaborate on the reasons for the increase in 
the number of non -ad valorem  tariffs lines from 13 in 2011 to 55 
in 2018?  The introduction of specific duty rate was meant to discourage dumping and 
under -valua tion.  WT/TPR/M/384/Add.1  
 
- 54 - WTO Member  Questions  Responses  
EUROPEAN 
UNION  WT/TPR/S/384 – WTO Secretariat's Report  
Paragraph 1.5, page 10 and paragraph 2.13, page 17  
The Secretariat's report states that "The adoption of the East 
African Monetary Union Protocol (EAMU Protocol) in 2013 is 
another milestone in the region's integration process. The Protocol 
lays the groundwork for the establishment of a monetary union by 
2024. A centrepiece of this framework is the creation of a common 
currency, to be managed by a supranational central bank…"  
"In November 2013, EAC members took a step further with the 
signing of the Protocol on the Establishment of the EAC Monetary 
Union (MU Protocol), which entered into force in 2014. The 
Protocol lays out the framework for the harmonization of monetary 
and fiscal policies, with  a view to converging toward a single 
currency within ten years."  
 
What measures are envisaged to put into place the regulatory 
framework to support the establishment of the monetary union by 
2024? What progress has been recorded since 2013 in this regard?  
Please specify which challenges, if any, have been faced to 
implement the EAMU Protocol?  
 The transition to the East African Monetary Union is conceptualized as a two -
phase process. In the initial convergence phase, the Partner States are to 
work towards achieving preconditions designed to limit the union 's exposure 
to internal economic strains. These preconditions include (i) full 
implementation of Customs Union and Common Market Protocols (ii) 
attainment of agreed Macroeconomic convergence criteria (iii)  establishment 
of institutions to support the Monetary Union and (iv) harmonization of policies 
and legal frameworks.   
 
So far significant progress has been made towards achieving these 
prerequisites.  However, implementation of some aspects on EAMU Protoco l 
roadmap is lagging behind the agreed timelines.  For example, non -tariff 
barriers continue to hinder free movement of goods in the region and also 
Partner States have not fully aligned their national laws with the Common 
Market Protocol, which guarantees the right of EAC citizens to move freely and 
to establish residence in any EAC Partner State.   
 
Establishment of a stable monetary union will require a strong institutional 
framework to monitor and enforce convergence.  For this purpose, the EAMU 
protocol p rovides for the establishment of four support institutions including, 
the East African Monetary Institute (December 2015), East African Statistics 
Bureau (2018), East African Surveillance, Compliance  and Enforcement 
Commission (2018) and the East African F inancial Services Commission 
(2018).  Legal instruments for the establishment of these institutions are at 
various approval stages but  lagging behind the agreed times lines.  
 
EAC Partner States are making steady progress in achieving the 
Macroeconomic Conv ergence Criteria and in harmonizing their policies and 
regulatory frameworks.  
Paragraph 1.6, page 10  
"…The African Development Bank is funding the EAC Payment and 
Settlement Systems Integration Project (EAC -PSSIP). The 
objective of the Project is to contribute to the modernization, 
harmonization and cross -border interoperability of payment and 
settlement systems for commercial, securities market and retail 
transactions across the EAC…"  
 
At what stage of implementation is the EAC - PSSIP project? Is the  
integration of existing systems substantially completed and is the 
regional technological platform operational?   
Paragraph 1.13, page 11 and paragraph 2.11, page 17  
The Secretariat's report affirms a low intra -EAC trade in goods (at 
around 10% of the merchandise trade of the community) due to, 
inter alia, non -tariff barriers including cumbersome administrative 
procedures. On the other hand, the report affirms that 127  NTBs The Intra -EAC trade is not as low as 10 %, it actually doubles 1 0%. However, 
intra-trade remains low and this could be attributed to, among others: lack of 
full harmonization of policies and la ws, in adequate infrastructure and 
interconnectivity challenges, Non -Tariff Barriers (NTBs), including non -
harmonised technical standards, sanitary and phyto -sanitary requirements  WT/TPR/M/384/Add.1  
 
- 55 - WTO Member  Questions  Responses  
out of 133 identified have been eliminated through the mechanism 
put in place since 2007.  
 
Could the EAC explain the reasons why the intra -EAC trade 
remains so low? Are the non -eliminated NTBs so important or are 
there other reasons that impede the increase of the intra -EAC 
trade and if the latter, which ones?  
 and roadblocks, constitute a major constraint to intra -EAC trade, currency 
convertibility, lower levels of technological and business sophistication, market 
information shortages, inadequate value chain linkages and industrialization.  
The EAC countries have put in place a number of strategic interventions to 
consolidate the goals  of the Customs Union and to address the challenges 
experienced in its implementation. These include: implementation of the 
Single Customs Territory whose objective is to facilitate faster clearance and 
improvement in cargo movement along the two corridors  (Northern and 
Central); the  Standard Gauge Railway line; removal of administrative and 
infrastructure related barriers to trade; enactment of the EAC NTBs Act 2017 
and the implementation regulations;  implementation of the Standardization 
Act and undertaki ng a comprehensive review of the Common External Tariff 
and the implementation of the EAC Industrialization policy and strategy.  
Paragraph 1.14, page 11  
"The lack of statistical data on cross -border trade (largely informal 
within the EAC), prolonged dro ughts in the region during the 
review period, and duty and tax exemptions (granted on an MFN 
basis) on inputs, have also played their part."  
 
The EU would like to know what measures are envisaged at the 
EAC level to overcome the lack of statistical data. P lease indicate 
what measures, if any, have been taken to cope with the informal 
trade?  
 The measures taken by the EAC to overcome the lack of statistical data, 
specifically for the informal small cross border traders is the implementation of 
the Simplified  Trade Regimes (STRs), which is a special trade policy provision 
which carves out specific provisions for small traders by separating them from 
the mainstream high -valued transaction clearances and  allowing the 
application of simpler customs clearance requ irements.   
 
Among the benefits of the STR to the EAC region is better  collection of 
statistical information of the goods, values and quantities traded which has 
enhanced the planning and decision -making of the EAC.  
 
In order to facilitate greater utilisati on of the STR by the cross -border traders, 
the EAC Secretariat is working with the relevant cross border associations to 
implement a comprehensive capacity building and awareness creation 
program me, installation of billboards at the border crossings, devel opment of 
a strategy for the elimination of NTBs faced by small cross border traders.  
Paragraphs 1.16 and 1.17, page 12  
"Extra -EAC trade in goods continues to display a deficit, with 
exports generally covering less than 50% of imports. The deficit 
recently narrowed from USD 25.3 billion in 2015 to USD 19.2 
billion in 2017 as a result of falls in global prices of crude oil. 
Exports are dominated by commodities for which EAC countries are 
price takers: tea; coffee; cut flowers; and non -monetary gold. 
Imports are dominated by manufactured products, including fuels, 
chemicals (e.g. medicaments, fertilizers), and machinery and 
transport equipment."  
"In 2017, Kenya and Uganda are the major players in intra -EAC 
trade. Major traded goods across the region in clude agricultural 
products (e.g. sugar, maize, and vegetable and animal oils) and 
manufactured products (e.g. cement, steel and steel products, 
plastics and pharmaceuticals)."  Measures taken by EAC to diversify export commodities and increase the 
share of trade within the EAC include: roll out of the EAC Indust rialization 
Policy both at regional and national levels; promotion of regional value chains 
(agro -processing products, textiles, chemicals and pharmaceuticals and 
enhancing productive capabilities), enhanced programme for elimination of 
trade related imped iments (NTBs) affecting agricultural sector, services, and 
industrial goods; formulation and roll out of an Export Development Strategy 
(2019 -2023) . The EAC Partner States will also leverage on the market 
opportunities in Tripartite and Continental FTA 's and other third-party 
markets.  
 
Kenya has developed the integrated National Export Development and 
Promotion Strategy. The strategy aims to develop products for exports to 
expand the export basket to utilize existing market opportunities. It also 
focuses o n value addition and diversification to broaden the product base.   WT/TPR/M/384/Add.1  
 
- 56 - WTO Member  Questions  Responses  
What efforts are being made to reduce the trade deficit and to 
diversify the ex port commodities? Please indicate what measures 
have been taken and will be taken to increase the trade within the 
EAC? Uganda:  The National Exports Development Strategy prioritises among others: 
export development of consortia, value chains, trade fairs & missions, market 
surveillance, etc. In addition, Ugan da will work with EAC Partner States to 
improve overall infrastructure, removal of NTBs and participating in EAC fairs. 
Additionally, attention of FDIs for investment information and promotion in 
sectors such as Pharmaceuticals, processed foods, electronic s and Motor 
vehicle assembly.  
Paragraph 1.22, page 14 and paragraph 2.21, page 19  
"According to the authorities, the operationalization of regional 
arrangements, such as the Continental Free Trade Area and the 
EAC-COMESA -SADC Tripartite, could expand the  prospects for 
investment inflows in the region."  
"…Although the Agreement has been signed, annexes relating to 
tariff schedules and rules of origin are still under negotiation."  
 
Four years after the conclusion of negotiations (June 2015) at 
which stage o f implementation is the EAC -COMESA -SADC 
Tripartite Agreement, and what progress has been recorded since 
the last review? What are the main challenges, if any in 
negotiating tariff schedules and rules of origin?  The Tripartite Agreement is not under impleme ntation because only four (4) 
tripartite Member States have ratified the Agreement while the number 
required for the Agreement to enter into force is fourteen (14).  
 
Challenges for negotiating tariff offers:  
• Liberali zation of sensitive products/tariff lines 
• Consensus on goods for immediate liberalisation  
• Consensus on goods for gradual liberalisation  
 
Challenges for negotiating rules of origin:  
Presence of both developing countries and LDCs in the tripartite arrangement 
and therefore while other will see k flexible rules others will opt for more 
restrictive rules.  
Paragraph 2.3, page 15  
"The East African Court of Justice (EACJ) is the judicial arm of the 
Community. With its ten judges, it has jurisdiction over the 
interpretation and application of the EAC Treaty. Since its 
establishment in 2001, the Court has been operating on an ad hoc 
basis…. A protocol on the extended jurisdiction of the Court has 
been signed by the Summit, to enable the Court to handle trade -
related issues. However, it is still undergoing the ratification 
process."  
 
The Draft Protocol to Operationalise the Extended Ju risdiction of 
the East African Court of Justice was signed in 2005. The EU would 
like to know which challenges have been faced to ratify the 
protocol.  Every country has its own ratification procedure and priorities.  
Paragraph 2.20 page 18  
"EAC countries  are engaged in the establishment of a tripartite 
free trade area (FTA) involving members of the Common Market 
for Eastern and Southern Africa (COMESA) and the South African 
Development Community (SADC) (COMESA -EAC-SADC Tripartite 
FTA). The FTA covers 26 A frican countries that account for about 
57% of the continent's population and 58% of its GDP. It is part of 
an overarching project aimed at establishing a continental FTA, 
and ultimately the African Economic Community."  
How is the regional action plan on T F at EAC level coordinated with 
the other regional organisations above mentioned?  The Tripartite FTA Agreement contains trade facilitation measures which are in 
line with the EAC TF action plan   WT/TPR/M/384/Add.1  
 
- 57 - WTO Member  Questions  Responses  
Paragraph 2.22, page 19  
The report affirms that as of September 2017, there were 79 
active complaints (in the Tripartite NTBs Reporting, Resolving and 
Monitoring Mechanism), of which 42 were by stakeholders from 
EAC countries against measures taken by other EAC members.  
 
Could t he EAC explain if these complaints for NTBs have been 
resolved and could the EAC list these NTBs?  
 As of November 2018,  there were 62 outstanding NTBs.  The status of 
elimination of the NTBs is as follows:  
     (a)  Forty-five (45) NTBs have been resolved  
     (b)  Seventeen (17) remain unresolved  
 
Of the seventeen unresolved NTBs, two (2) were referred to the EAC Council 
of Ministers and the parties affected by the NTBs have already embarked on 
the process of consultations with a view to resolving them.  The two NTBs are 
Preferential Treatment on Confectionaries and trade on tobacco products. 
Efforts to resolve the other outstanding NTBs are also ongoing through 
guidance of the regional forum on NTBs, Sectoral Council on Trade, Industry, 
Finance and Investm ent and bilateral initiatives.  
3.1.1 (Customs procedure and documentation), page 22  
 
Could the EAC give an update of the different challenges of the 
customs union, in particular with regard to operationalizing the 
single customs territory and the internal borders clearance?  i) Capacity of other agencies systems to interface with the Customs systems 
to allow data exchange under  the SCT;  
ii)Differences in domestic levies, taxes, fees and charges;  
iii)National priorities overriding regional priorities  and thus affect the speed of 
execution of planned activities  
Paragraph 3.9, page 23  
The establishment of one –stop border posts (OSBP) is mentioned 
as a key step in the operationalization of the customs union. While 
OBSP definitely improves border crossi ng speed and efficiency thus 
reducing barriers to trade, it does not remove internal border that 
is the ultimate objective of a fully -fledged customs union for an 
unfettered movement of goods inside the EAC.  
 
Could the EAC explain how OBSP will contribute  to the 
operationalization of the customs union?  i) OSBPs will improve intra and external region cross border trade and thus 
facilitate foreign investment in the region  
 
ii) Goods are not subjected to controls at the OSBP thus reduce internal 
borders  
Paragraph 3.12, page 23  
"Kenya, Rwanda and Uganda have ratified the WTO TFA; the other 
EAC countries have not yet done so. All the countries have notified 
their category A commitments under the Agreement and  have 
adopted a regional action plan for its implementation ." 
 
The EU also notes regarding notifications to the WTO: Burundi, 
Uganda, Tanzania, Kenya have notified category A commitments 
but have not done any notification of B and C categories. Rwanda 
has categorised its commitments but has not detailed the needs 
for assistance.  
 
Could EAC indicate what are the main measures of the regional 
action plan for implementation of the TFA and how this relates to 
the national Trade Facilitation Committees' work at national level? 
What are the countries in the region that have adopted a NTF C and 
what are the lessons learnt? For those that may not have set a 
NTFC what are the difficulties encountered? Has assistance been The measures of the regional Plan:  
1. Publication;  
2. Opportunity to comment and information before entry into force;  
3. Consultations;  
4. Advance ruling;  
5. Information availability through internet;  
6. Enquiry points;  
7. Right of Appeal review;  
8. Notifications for enhanced controls or inspection;  
9. Test procedures;  
10. General disciplines on fees and charges imposed on or in connection 
with importation or exportation;  
11. Specific  disciplines on fees and charges imposed on or in connection 
with importation or exportation;  
12. Pre-arrival processing;  
13. Electronic payments;  
14. Separation  of release from final determination of customs duties, 
taxes, fees and charges;   WT/TPR/M/384/Add.1  
 
- 58 - WTO Member  Questions  Responses  
requested? How is donor coordination achieved at national 
level/regional level if appropriate for category C needs of 
assistance? Regarding ratification, could the countries that have 
not yet ratified - Burundi and Tanzania - indicate what are the 
difficulties they are facing and what is the expected timeline 
considered for ratification?  
 15. Risk Management;  
16. Post Clearance Audit;  
17. Establishment and publication of average release times;  
18. Trade facilitation measures for Authorised Economic Operators;  
19. Expedited Shipmen ts; 
20. Perishable goods;  
21. Border Cooperation;  
22. Formalities and documentation requirements;  
23. Acceptance of copies;  
24. Use of International standards related to import, export and transit 
formalities;  
25. Single window;  
26. Common Border procedures and uniform documentation 
requirements  
27. Rejected goods;  
28. Freedom of transit;  
29. Customs cooperation;  
30. National Trade Facilitation Committees and regional sub -committee 
on Trade Facilitation  
 
EAC is coordinating Partner States to implem ent the measures with regional 
aspects and ensuring harmoni zation.  
 
All Partner States have established their NTFCs and are functioning. But there 
is still a problem of funding. Some do not conduct regular meetings due to 
lack of funding.  
 
Tanzania and B urundi are in the process of ratification. It is a normal 
prioritisation by the national political organs. There is no specific problem.  
 
Uganda is yet to finalise categorization for B&C and undertake a thorough 
analysis on the financial needs. Support is needed to run the NTFC action 
plans and roadmap.  
Paragraph 3.22, pages 24 and 25  
The Secretariat's report states that "…the review of the current 
EAC CET is underway, and it is planned to be finalized in 2019."  
 
Could the EAC give more details about the currently ongoing CET 's 
review? Will the three-band regime change?   The EAC CET is currently being reviewed and the structure of the reviewed 
CET will be determined at the time when concluding the exercise.  
 
Paragraphs 3.25, 3.27 and 3.28 pages 25 and 26  
"The EAC CET comprises: zero on raw materials and capital goods; 
10% on intermediate goods; 25% on finished goods; and rates 
above 25% on some items deemed sensitive. The sensitive items 
specified in Schedule 2 of the EAC CET are, in principle, goods 
where EAC member States see potential for local production and This will be addressed during the ongoing exercise of reviewing the EAC CET   WT/TPR/M/384/Add.1  
 
- 59 - WTO Member  Questions  Responses  
trade.  In the 2018 tariff schedule, the sensitive items, consisting 
of some 63 tariff lines, cover, inter alia, dairy products, wheat, 
rice, sugar, woven fabrics, and worn clothing. According to th e 
authorities, these products are considered sensitive, especially 
with regards to promoting local productive capacities and taking 
into account environmental purposes."  
"The 2018 simple average applied MFN tariff is 12.9%, slightly up 
from 12.7% in 2011. The coefficient of variation of 0.95 (up from 
0.94 in 2011) indicates moderate tariff dispersion, with rates 
ranging from zero to 100%, including the ad valorem  part of 
mixed rates. The highest ad valorem  rate (60%) applies to 16 
tariff lines, for dairy pr oducts; and the mixed tariff rate, including 
the ad valorem  rate of 100%, applies to cane and beet sugar."  
"… The increasing number of tariff lines with non -ad valorem  rates 
adds to the complexity of the tariff structure. According to the 
authorities, tari ff lines with non -ad valorem  rates are meant to 
protect against adverse effects of undervaluation due to 
complexities in the valuation of products."  
 
Since the last Review of the EAC, the CET average rate has 
increased from 12.7% to 12.9%. What plans do th e EAC members 
have for harmonizing their CET with their WTO Commitments in 
regard to CET ad valorem  rates?  
Paragraph 3.46, page 32  
The Secretariat's report states that "The authorities indicated that 
EAC countries are considering the introduction of a 1% levy on 
extra-bloc imports, to fund the Community's budget. In addition, 
Rwanda and Kenya are implementing the decision, taken at the 
27th AU Summit, to introduce a 0.2% levy  on imports from non -
African countries."  
 
Could the EAC clarify when a 1% levy on extra -bloc imports, which 
is currently under consideration, would come into effect? Could 
Rwanda and Kenya advise when they plan to introduce a 0.2% 
levy on imports from non-African countries?  The introduction of a 1% levy on extra -bloc imports was put on hold pending a 
study on the sustainable financing of the EAC, which is on -going.   
 
Kenya does not apply any levy.  
 
Rwanda begun applying the AU levy of 0.2% on import fro m non -African 
countries on 15/05/2017 as the law governing AU levy has been published in 
official gazette on that date.  
 
Paragraph 3.47, page 32  
"Under the EAC CM Protocol, member States are to harmonize 
their tax policies and related laws. A Policy on E AC Domestic Tax 
Harmonization was developed and endorsed by the finance 
ministers during the 8th Meeting of the Sectoral Council on Finance 
and Economic Affairs, held in May 2018. Detailed harmonization 
proposals for VAT and excise taxes are currently bein g developed."  
 
Could the EAC advise when they envisage any harmonised rates 
for VAT and excise taxes to be introduced? Could the EAC confirm The agreement is to introduce and agree om minimum rates to be adopted by 
all Partner States . Negotiations are ongoing on these minimum rates.   
 
Preferential tax rates for local spirits within the spirits category will still exist 
at least in the beginning, pending further discussion in the future.     WT/TPR/M/384/Add.1  
 
- 60 - WTO Member  Questions  Responses  
that any harmonised rate of excise tax will eliminate preferential 
tax rates for local spirits within the spirits c ategory [2208] where 
applicable, e.g. in Tanzania [Table 3.4, page 273 of Annex 4 
refers], and Uganda [Table A3, page 415 of Annex 5], in line with 
the national treatment rule in GATT Article III and existing, 
extensive WTO case law on spirits taxation?  
Given the pervasiveness of illicit trade in the EAC region (both 
smuggling and counterfeit) resulting in important revenue losses, 
potential health concerns for consumers and severe business 
damages for legal operators, could the EAC explain what steps 
they envisage to undertake to strengthen excise tax collection?    
Paragraph 3.60, page 34  
"The EAC countries have a number of export promotion tools in 
common, such as duty drawbacks, manufacturing under bonds, 
and Export Processing Zones (EPZs) (see Table 3.7). Goods 
benefiting from any of these schemes are destined primarily for 
export; their sale within the customs union is subject to the 
payment of applicable duties and charges. Domestic sales of  goods 
produced by an EPZ company should not exceed 20% of its annual 
production."  
 
"Table 3.7 - Overview of EAC's main export promotion schemes" 
indicates that EPZs scheme is in place in Burundi. The EU would 
like to know if the Burundi EPZ is still opera tional?  Yes, the EPZ is still operational in Burundi.  
Paragraph 3.62, page 34  
The Secretariat's report states that "The EAC countries 
implemented their second Export and Investment Promotions 
Strategy (EIPA 2011 -16)". 
 
Could the EAC indicate when a new e dition of the Strategy is to be 
published?  The EAC Export Promotion Strategy 2019 -2023 is presently under preparation 
and will be published as soon as the process is finalized.  
Paragraph 3.69, page 35  
"Proposals for standards and technical regulations are received by 
NSBs. […] The "Draft EAC Standard" goes through a 60 -day public 
comments stage. The Draft is then revised accordingly and sent to 
the NSBs. If accepted by all the NSBs, the Draft Standard is 
adopted and declared an "EAC standard" by the Cou ncil of 
Ministers. Countries have six months to adopt the EAC standard as 
a national one. The maximum duration allowed for the completion 
of a standard project is 24 months, from the proposal stage to the 
time of approval. As at 30 September 2018, the EAC catalogue 
included 1,526 standards, of which 1,007 are international."  
 
Could EAC members explain what the status of the revised EAC 
Standards for Alcoholic Beverages is, and whether these standards Rwanda:  
Almost all revised standar ds for alcoholic beverages are adopted, except two 
standards that are pending:  DEAS (63&138), of the EASC/TC 007 Alcoholic 
and non -alcoholic beverages, whereby partner states  are to  provide data such 
as test data and other relevant information for further discussion. Approved 
Standards were published in the East African Gazette of 17th of August 2018 
and were adopted.  
- Approved and finalised standards are available on the RSB online catalogue 
and the national gazette. Both Draft EAS and DRS are notified t o the WTO 
secretariat through NSS and ePing Systems of the WTO  
-One challenge during adoption is that some regional standards may deviate 
some national regulations . 
 
Kenya:   WT/TPR/M/384/Add.1  
 
- 61 - WTO Member  Questions  Responses  
have been fully transposed into their national legislatio n? If yes, 
could the final texts be notified and made available on the WTO 
TBT system? Please specify which challenges, if any have been 
faced to harmonize standards, particularly at the national level of 
implementation.  
 • Most of the EAC standards for Alcoholic drinks have been revised and so 
far, Kenya has adopted all the revised standards  
• These standards will be notified to the WTO TBT committee by July 2019  
 
Challenges  
• Institutional capacity challenges and budgetary constraints.  
• Weak participation by the industry players in standard settings.  
 
Burundi:  
Once the standards for Alcoholic Beverages is agreed upon, we will proceed 
with notification and the processes of transposition into our national 
legislation.  
 
Uganda:  
The aforementioned standards including; EAS 109:2018 - Potable spirit — 
Specification, E AS 139:2018 - Fortified wine — Specification, EAS 140:2018 - 
Sparkling wine — Specification , EAS 141:2018 - Whisky — Specification, EAS 
142:2018 - Vodka — Specification, EAS 143:2018 - Brandy — Specification, 
EAS 144:2018 - Neutral spirit — Specification, EAS 1 45:2018 - Gin — 
Specification were gazetted as East African Standards by the EAC Secretariat 
in August 2018. The remaining two standards; DEAS 63:2018, Beer — 
Specification and DEAS 138:2018, Still table wine — Specification are 
currently under revision.  
 
The seven standards gazetted by the EAC Secretariat are under consideration 
in Uganda for national adoption by the National Standards Council. When the 
standards are adopted by the National Standards Council, Uganda will issue 
addenda to the original notif ications indicating how the texts of the standards 
may be obtained.  
3.3.3 (Sanitary and phytosanitary measures), page 36  
In the past 12 months Kenya sent to the WTO about 80 SPS 
notifications containing standards for a variety of foodstuffs. 
During the same period Uganda made about 60 such notifications, 
while the other 3 EAC countries made none or few.  
 
Does the EAC have a  strategy for developing harmonised SPS 
standards, and if so how are those standards notified to the WTO?  There are provisions in the draft EAC SPS Bill to establish a regional SPS 
Committee that will be mandated to develop harmonized SPS Standards. Once 
the SPS Act is enacted by the East African Legislative Assembly, WTO will be 
notified accordingly  
Paragraphs 3.72 and 3.73, page 36 and paragraph 17, page 7  
The report affirms that Standards and technical regulations 
regimes remain country -specific to lar ge extent. The 
harmonization of SPS is important as the SPS is involved in the 
internal border clearance, which is one of the main factors 
contributing to the intra -EAC trade.   EAC harmonized SPS measures have already been adopted by the Council of 
Ministers. However, implementation of the same is pending ratification of the 
SPS Protocol by all Partner States.   WT/TPR/M/384/Add.1  
 
- 62 - WTO Member  Questions  Responses  
Could EAC give a time indication as to when it plans to have 
harmonized SPS mea sures adopted and when those measures 
could be enforced?  
Paragraphs 3.75 and 3.76, page 27  
"The EAC Competition Act of 2006 aims at promoting fair trade, 
ensuring consumer welfare, and establishing the EAC Competition 
Authority. (…)"  
"The EAC Competition Authority has jurisdiction over all mergers 
and enforcement matters t hat have cross -border effects. The 
commissioners were sworn in in November 2016."  
 
Could the EAC provide additional details on the enforcement record 
of the Competition Authority (number and types of cases treated, 
type of decision taken, sectors concerned , etc.)?  The EAC Competition Authority has been strengthening the necessary 
infrastructure such as amendment of the Act in line with international best 
practices, and development of regulations, among others. Therefore,  it has 
not commenced substantive enforcement of the Act. The enforcement of the 
Act will commence in the financial year 2019/2020. The Authority will notify 
the public  by gazetting the date on which it will commence substantive 
enforcement  the Act.  
Paragraph 3.83, page 38  
"Counterfeiting and piracy of trademarks and copyrights remain a 
serious challenge to IPR protection in the region. Efforts are being 
made at the regional level to fight counterfeit and pirated 
products. An EAC Policy on Anti -Count erfeiting, which resulted in 
the Draft EAC Anti -Counterfeit Bill (2013), is being developed. The 
Bill seeks to provide a legal framework for EAC members to 
prohibit trade in counterfeit goods."  
 
Could the EAC provide more detail about the efforts that are being 
made at regional level to fight counterfeit and pirated products, in 
particular regarding the alcoholic beverages/spirits sector? Could 
the EAC share more information about the proposed legal 
framework to prohibit trade in counterfeit goods?   
Paragraph 4.3, page 39  
"At the EAC level, the Sectoral Council on Agriculture and Food 
Security, a body made up of agriculture ministers, is responsible 
for all issues related to the sector. The main objective of the EAC 
in the agricultural sector is to a chieve food security and a greater 
rationalization of production. Under the EAC Treaty, member 
countries are called upon to increase their agricultural productivity 
and output to reduce hunger and poverty, and to achieve food and 
nutrition security in the region. To this end, the EAC Agriculture 
and Rural Development Policy (EAC -ARDP) constitutes the main 
framework for interventions in the sector. It provides for detailed 
actions to be implemented over the period 2005 -30." 
 
The EU understands that the EAC -ARDP foresees the establishment 
of a Common Agricultural and Rural Development Fund (CARDF) to 
jointly run various programmes. The EU would like to know if the 
Fund has been created and what programmes have been jointly EAC has developed a Regional Agriculture Investment Plan (RAIP) that is 
aligned to the continental CAADP agenda. The RAIP will be the main 
instrument for mobilizing resources to support implementation of various 
programmes in the agricultural sector.   WT/TPR/M/384/Add.1  
 
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funded. What is the current stage of the implementation of the 
detailed actions provided by EAC Agriculture and Rural 
Development Policy (EAC -ARDP)?  
Paragraph 4.5, page 39  
"In addition, the EAC has established two online systems (the 
regional Food Balance Sheet, and the Animal Resources Data 
Base), to facilitate information exchange, and to support 
evidenced - based decision -making about food stock availability 
and strategic investments in the livestock and fisheries sub -
sectors."  
 
Is the Animal Resources Data Base fully operational?  The ARIS Data base is fully operational,  and it is hosted by AU -IBAR 
Paragraph 4.8, pages 39 and 40  
"The harmonization of the regulatory framework and procedures 
for fertilizers is another priority area under the EAC -FSP. According 
to the EAC Secretariat , a framework to guide the harmonization of 
EAC fertilizer instruments has been adopted. The process of 
developing the related policy and legislation will be initiated in 
2018."  
 
The EU would like to know if the policy and legislation process 
have been ini tiated. If so, what is the main objective of the policy?  The fertilizer harmonization process has been initiated under AGRA support 
this year (2019). Currently, the EAC is in a process to procure a consultant 
who shall work on the assignment  
Paragraph 4.18, page 41  
"The Lake Victoria Fisheries Organization (LVFO) is responsible for 
the management of the lake's fisheries resources. It was 
established in 1994 by a convention between Kenya, Tanzania and 
Uganda6, and has become a specialized institution of the EAC. Its 
objectives are to foster cooperation among the EAC countries, to 
harmonize national measures for the sustainable utilization of the 
resources, and to develop and adopt conservation and 
management measures. Fisheries management is undertaken 
through rounds of five -year fisheries management plans."  
 
The EU would be interested to know what fisheries related actions 
are undertaken in regard to the Lake Tanganyika? What are the 
main challenges to the sustainable fisheries development in Lake 
Tangan yika?  
Paragraph 4.21, page 41  
"The EAC Treaty calls for the harmonization of countries' mining 
regulations, in order to ensure environmentally -friendly and sound 
mining practices. Harmonization is a key component of the EAC's 
development strategy for the period 2011 -16. The strategy ca lls 
upon member States to take measures to promote the 
development of strategic regional industries/value chains,   WT/TPR/M/384/Add.1  
 
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including extractive and mineral processing, petrochemical and gas 
processing, and iron and steel."  
 
The EU would be interested to know if the re is a new, post -2016 
framework related to mining in place?  
Paragraph 4.50, page 45  
"In practice, the free movement of workers within the EAC is 
restricted to selected highly -skilled workers, and craft and related 
trade workers. Free movement is further hindered by issues 
relating to, inter alia, the mutual recognition of professional 
qualifications and experience, procedures for obtaining work 
permits, and the inconsistent quality of training institutions.  The 
EAC member States are currently amen ding their respective 
national policies, including laws and regulations, to conform to the 
CM Protocol." And  
Paragraph 3.2, page 7 (WT/TPR/G/384)  
"The citizens of EAC are at liberty to move freely across partner 
states with additional rights of residence a nd establishment in line 
with the national laws of the respective partner states…"  
 
The EU would like to know how the EAC Partner States address 
this issue in order to ensure free movement of people. What are 
the main challenges in this regard?  
 The hindra nces to free movement of workers are being addressed through 
several initiatives. These include: - finalization of the Annex VII on Regulations 
for Mutual Recognition of Academic and Professional qualifications to 
operationalize article 11 on MRAs. The alr eady concluded MRAs (Accountants, 
Engineers, Architects and Veterinarians) will be reviewed and brought to 
conformity with the Regulations.  
In regard to work permits, the Partner States are reviewing their legal 
framework to harmonize work /residence perm it fees. So far, the Republic of 
Rwanda, Republic of Kenya and Republic of Uganda, have harmonized to zero, 
the requirement for payment of Work/Residence permit. The rest of the 
Partner States are in process to harmonizing the work/ Residence permit by 
September 2019.  
 
The processes for application of work/residence permit have been reviewed. 
The EAC Sectoral Council approved a harmonized application form for use by 
Partner States. The classification of work/residence permit categories is in 
finals stages and may be completed in the near future.  
 
Uganda:  
The main challenge is the harmoni zation of regulations and laws including 
divergence in administrative procedures. At the regional level, we are 
developing a monitoring tool for removal of restrictive barriers in free 
movement of service suppliers and workers.  
Annex 1 Burundi  
 
Paragraph 1.2, page 57  
"Thanks to the Government's efforts in the health and education 
areas, the country's Human Development Index progressed from 
0.298 in 2005 to 0.404 in 2015. However, the poverty rate 
remains high, and with some 72.9% of the population living below 
the poverty line in 2017, Burundi ranks 184th out of 188 countries 
on the Human Development Index."  
 
The EU would be interested to know what specific measures has 
Burundi undertaken in combating the poverty?  Burundi's specific measures to fight against poverty will come from sectoral 
action plans stemming from Burundi's National Development Plan 2018 -2027 
Paragraph 1.12 and 1.13, page 59  
"Burundi's National Development Plan 2018 -2027 was officially 
launched on 22 August 2018..."  Implementation of Burundi's National Development Plan 2018 -2027.   WT/TPR/M/384/Add.1  
 
- 65 - WTO Member  Questions  Responses  
"Structural and macroeconomic reforms were introduced under the 
programme supported by the Extended Credit Facility (ECF) 
agreed with the IMF in January 2012…"  
Development cooperation will remain an important element in the 
Burundi economy in the coming years. What will Burundi do to 
ensure an optimal cooperation with development partners on the 
National Development Plan 2018 -2027? What measures have been 
prepared  to achieve the 10% growth rate targeted for 2027?  
Paragraph 1.27 and 1.13, page 61  
"In terms of destinations, the relative share of Europe (the 
European Union and Switzerland in particular ) declined 
considerably, from 30.6% in 2012 to approximately 21.4% in 
2017. At the same time Africa's share (and in particular the EAC 
countries) increased from 19.1% to 33.5%, and Asia's from 5.1% 
to 14.4%. In terms of individual countries, the United Ara b 
Emirates remain the first destination for Burundi's exports, in spite 
of a sharp decline in their share between 2012 and 2017…"  
 
According to the Table A1.3 (p. 106) the share of export to EAC 
countries declined considerably from 13.5% in 2012 (let alon e 
21.8% in 2015) to 7.7% in 2017. The EU would like to know what 
the main challenges for Burundi in the EAC intra -trade?  Many actions have been taken by the Government to open the markets. The 
main challenges lie in the private sector. As it is still weak,  we need means to 
strengthen the private sector.  
Paragraph 1.31, page 64  
 
"In spite of the country's major assets, such as its considerable 
potential for tourism, the availability of certain raw materials for 
the agri -food industries, and the possibility of preferential access 
to the European and American markets and within the EAC, the 
level of FDI is below potential because of a business environment 
hampered by high transaction costs resulting from unreliable 
energy, limited access to finance , high interest rates, and political 
and macroeconomic uncertainties."  
 
Burundi please elaborate on how the government plans to improve 
the general investment environment to attract more FDI and 
encourage more investments, in particular in the energy secto r? The energy sector is being developed in Burundi. Today, we did not have any 
more cuts as he had three years ago. In the short term (5 years), 
hydroelectric dams under construction will be completed and will provide an 
increase of more than 100% of elect rical energy. These hydroelectric dams 
are among others:  
-JIJI Murembwe: 50 megawatts  
-Rusumo -Falls: 40 Megawatts  
-Mpanda Boot: 15 Megawatts  
Magara docking: 15 Megawatts  
Kabu-16 Boot: 12 Megawatts  
Burundi -DRCongo -Rwanda Joint Boot: 30 Megawatts  
 
Photovolta ic energy in Mubuga: 7.5 Megawatts  
 
Paragraph 2.12, page 66  
"… Burundi has a National Trade and Industrial Development 
Strategy (SNDIC) which aims, among other things, to promote 
Burundian regional and world economic integration and create a 
business climate conducive to investment, to improved 
competitiveness and to private sector growth. However, the 
implementation of the strategy remains a challenge for the 
authorities."  The national strategy for industrial and commercial development is still valid. 
The private sector must be strengthened to be self -propelled by this strategy.   WT/TPR/M/384/Add.1  
 
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The EU would like to know if the strategy is still valid and if so, 
what are th e main challenges in the implementation of it?  
Paragraph 2.13, page 66 and paragraph 4.15, page  87  
"Burundi has considerable export development potential, especially 
in the coffee and tea subsectors..."  
"Coffee is still by far the biggest foreign exchange earner in 
Burundi, accounting for around 36% in 2016. About 800,000 
households work in the cof fee subsector. An area of some 60,000 
ha is devoted to coffee growing . The subsector continues to face 
huge challenges. There are generally large fluctuations in 
production, owing in particular to weather conditions, soil erosion 
resulting from over -exploi tation of the land without the possibility 
of its being left fallow, the ageing of the coffee trees, and conflict, 
all of which is compounded by very limited access to suitable 
fertilizers."  
 
The EU would like to know what are the measures that are under 
consideration, if any, by the government regarding the enhanced 
profitability of the coffee and tea –production sector given that 
coffee is one of the main sources of exports earnings?  As the European Union observes, Burundi has potential for export 
development in the sub -sectors of coffee and tea. For coffee the challenges 
thus raised are very true.  
 
As a solution to the problem of improving the profitability of coffee and 
countering the challenges facing this coffee crop, the Government has signed 
an agreement with the World Bank for the implementation of a Sector 
Competitiveness Support Project. Coffee (2017 -2023). This project is facing 
the challenges on coffee that concern, among others, the renewal of old coffee 
trees, the supply of fertilizers, quality control, strengthening skills and 
capacities in this sector, etc . 
 
For tea, the Government is undertaking initiatives of this kind.  
Paragraph 3.10, page 73  
"Burundi has not notified the WTO of its customs valuation 
legislation. Nonetheless, in p rinciple, customs valuation is based 
on Annex 4 of the EAC Customs Code. According to the authorities, 
the provisions in question are aligned with those of the WTO 
Customs Valuation Agreement. However, the country continues to 
encounter implementation prob lems. The common problem in the 
area of customs valuation is the lack of capacity to detect under -
valuations, which seem to be common."  
 
The EU would like to know what measures Burundi consider 
undertaking to overcome the implementation problems?  Insuffici ent knowledge. Capacity building needs of customs assessors.  
Paragraph 3.72, page 80  
"The Law provides for the creation of a competition commission to 
rule on violations of the law and impose sanctions, among other 
tasks. It can be actuated by the Minister responsible for trade and 
business; and it also has freedom to act on its own initia tive. 
However, its implementing decree has not yet been adopted; and, 
in practice, the Commercial Court deals with  
competition issues. "  
 
Could Burundi please provide additional information on when the 
competition commission will be established?  The law o f competition dates from June 2010. It is true that the establishment 
of the Commission on competition is slow to be in place. This interpellation will 
concern those responsible for its implementation in the coming months.  
Paragraph 3.98, page 84  The Law on Industrial Property in Burundi No. 1/13 is dated July 28, 2009. 
The civil and border measures that are taken include:   WT/TPR/M/384/Add.1  
 
- 67 - WTO Member  Questions  Responses  
"The mo st common IPR violations recorded in Burundi are 
counterfeiting, fraudulent imitation and forgery. The products 
involved include pharmaceuticals, textiles, cosmetics, electrical 
and electronic goods and computer programs. Most of these items 
seem to be imp orted. Weak enforcement of the sanctions provided 
for in the law and the low price of counterfeit products appear to 
be the main causes of intellectual property violations"  
 
Could Burundi elaborate on the civil and border enforcement 
measures the enforcem ent and customs authorities can take 
against goods or services suspected of infringing an intellectual 
property right and against goods and services which were found to 
infringe an intellectual property right?  -The closure of businesses and services that commit counterfeiting; 
falsification and other fraudulent practices;  
 
-The refusal of customs clearance of counterfeit goods and  their destruction.  
Paragraph 4.47, page 90  
"A national aquaculture development strategy has been in place 
since 2010, centred on improving production systems, 
strengthening support services and organizing the subsector. 
However, implementation seems to be facing enormous 
difficulties; the authorities indicate that the process is underway, 
in particular as regards fish farming."  
 
Could Burundi please specify what are the main difficulties and 
challenges to fisheries sector. What measure has Burundi 
undert aken to overcome them?  A decree -law regulating fisheries and aquaculture was signed on 30 November 
2016. Action plans and implementing texts for these regulations are in 
progress. The objective is the development of fisheries and aquaculture.  
 
This will put an end to the difficulties and challenges encountered in 
developing this sector.  
 
Paragraph 4.61, page 93  
Burundi "is reportedly preparing to submit Burundi's candidacy to 
the Secretariat of the Extractive Industries Transparency 
Initiative."  
 
Is Burundi planning to join EITI? If yes, when?  Burundi is seeking sufficient information to join the Extractive Industries Transparency Initiative 
and then begin accession.  
Paragraph 4.109, page 99  
"Burundi has one international airport (Bujumbura Interna tional 
Airport) and four national aerodromes…Traffic at Bujumbura 
Airport has been relatively stable since 2017, after decreasing 
slightly in 2015 and 2016."  
 
The EU would like to know what measures Burundi consider 
improving the air transport and air conn ectivity of the country?  
 A recovery study of the national airline is underway.  
Annex 2 Kenya  
Paragraph 2.7, pages 120 and 121  
The Secretariat's report states that "The Judiciary power is 
exercised through superior courts (Supreme Court, Court of 
Appeal, and High Court); and subordinate courts (Magistrates' 
Courts, Kadhi's Courts, and Courts Martial). The Supreme Court is Yes. Since 2014, the NCIA has been operational.  
 
NCIA is an independent institution administered by a Board of directors drawn 
from public and Private sector with a unique blend of competencies from the 
EAST Africa Region. It offers a neutral venue for the conduct of international 
arbitration with commit ment to providing institutional support to the arbitral  WT/TPR/M/384/Add.1  
 
- 68 - WTO Member  Questions  Responses  
headed b y the Chief Justice, who is appointed by the President. 
Economic and commercial matters are dealt with primarily by 
commercial courts. Labour matters are dealt with by the Kenyan 
Employment and Labour Relations Court. In 2013, Kenya 
established the Nairobi  Centre for International Arbitration (NCIA) 
as an alternative independent structure for international 
commercial arbitration. At the Kenya Revenue Authority, an 
Alternative Dispute Resolution (ADR) mechanism has been 
established to handle tax disputes; it  is operational."  
 
Is the Nairobi Centre for International Arbitration (NCIA) already 
operational in international mediation/arbitration? If not, please 
specify an approximate date of its entering into function.  
 
Has the NCIA entered, or plans to enter, in to collaboration 
agreements with other national or international arbitration 
institutions?  process. They are willing to explore opportunities of working with other 
professional bodies  
Paragraph 2.15, page 123  
The Secretariat's report states that "…The NTP is complemented by 
various sector al policies".  
 
Could Kenya list these sectoral policies and clarify the relations 
between the NTP and such policies in terms of coordination and 
distribution of responsibilities? In particular, could Kenya clarify 
the role of the "National Export Promotion  and Development 
Strategy" (NEDPS) in facilitating the implementation of the NTP?  
 The sectoral policies are as follows;  
• Agricultural Transformation Strategy  
• Industrial Transformation  
• Food Security and Nutritional Policy  
• Kenya National Tourism Strategy  
• National Information, Communication and Technology Policy  
• National Livestock Policy  
• Fisheries Policy  
 
The Integrated Export Development and Promotion Strategy is a product of 
the National Trade Policy. The focus is to increase Kenya 's exports in order to 
narrow the balance of trade deficit which has been expanding during the 
review period.  
Paragraph 2.20, page 123  
The Secretariat's report states that "…Notifications in many other 
areas remain outstanding. According to the authorities, efforts are 
being made to submit the outstanding notifications".  
 
Could Kenya elaborate on what practical measures are being taken 
to tackle the problem, and if there is an indicative timeline? Could 
Kenya ensure that – in the case of future technical regulations – it 
will refrain from providing for immediate entry into force in case a 
delay in notifications is expected?  We have had capacity challenges in meeting the notification requirements. At 
the moment we are planning to put up elaborate mechanism for capacity 
enhancing  for all agencies involved in the notification process.  
 
We appreciate the EU concern in the area of technical regulations. We also 
thank EU for the support to strengthen this area. We hope in future, we 
should be able to notify and allow for reasonable t ime before the technical 
regulations comes into force.  
Paragraph 2.28, page 125  
The Secretariat's report states that "In addition to indirect taxes 
collected at the border, the other main taxes collected by the 
national Government are: the 30% corporatio n tax (37.5% for 
non-resident companies); personal income tax, which is Most withholding taxes are final and hence already competitive. There are no 
plans to revise them.  
  WT/TPR/M/384/Add.1  
 
- 69 - WTO Member  Questions  Responses  
progressive, with five brackets (10%, 15%, 20%, 25%, and 30%); 
and withholding tax, levied on a wide range of payments, at rates 
varying from 3% to 25%. Kenya reintroduced capital gain s tax in 
2015 after three decades of suspension. It applies to transfers of 
property (land, buildings and shares) at a rate of 5% of the profit 
or capital gain made during the transaction."  
 
Has Kenya considered the possibility of lowering the withholding 
tax applied to non -residents companies so as to increase 
competition and efficiency in the market for services such as 
consultancy, training or management?  
Paragraph 2.30, page 125  
"In 2015, Kenya introduced a Special Economic Zones (SEZ) 
regime, which is open to both manufacturers and service 
providers, unlike the Export Processing Zones regime, which is 
open to manufacturers only..."  
 
Could Kenya explain  what the final destination of the 
products/services produced under the SEZ is? Is there a 
harmonization policy on SEZ at the EAC level?  The final destination of the products/services will be either EAC market or 
global. For the EAC, they will be subjected  to full CET.  
 
A policy for harmonization of SEZ has been developed and is under approval 
process by the EAC Council.  
 
Paragraph 3.1, page 127  
 
The Secretariat's  report  mentions  the Kenya  Fishery  Service  
among  the agencies  with whom  the Kenya Revenue Authority 
(KRA) cooperates to enforce various imports and export controls.  
 
Could Kenya provide information about the state of play of the 
belated selection process of the Board Members of "Kenya Fishery 
Service"?  The management board for the Kenya Fisheri es Service has been gazetted and 
the Board is now fully operational  
The Secretariat's report also states that "... The National 
Electronic Single Window System Draft Bill is currently at the 
stage of public consultation... "  
Could Kenya provide some clarification regarding the foreseen 
timeline of the public consultation?   
Could Kenya explain whether there are plans to increase the 
transparency and predictability when introducing new measures 
for conformity assessment?  Regarding the National Electroni c Single Window System Bill, public 
consultations were concluded,  and the draft bill has been submitted to the 
Ministry of Finance for submission to the National Assembly. The expected to 
be concluded soon.  
 
Article 232(1) (d) of The Kenya Constitution, 20 10 provides that: The values 
and principles of public service include the involvement of the people in the 
process of policy making and (f) transparency and provision to the public of 
timely and accurate information. This is the guiding principle as far as  
transparency is concerned  
Paragraph 3.10, page 128  
 
The Secretariat's report states that the Kenyan authorities use 
pre-shipment inspection programme as a means to verify 
conformity with national standards and technical regulations. 
Several private institutions have been entrusted with operating the After a vibrant market surveillan ce, it was discovered that there are numerous 
sub-standard products in the market. This triggered prompt Government 
intervention to address the problem.  
  WT/TPR/M/384/Add.1  
 
- 70 - WTO Member  Questions  Responses  
program me since 2015, issuing Certificates of Conformity (CoC), 
mandatory documents for customs clearance. "Since December 
2015, the programme has applied to virtually all finished goods 
imported into Kenya."  
 
In late 2018, however, acceptance of the CoCs by the  authorities 
was suspended without any advance notification, with Kenyan 
Bureau of Standards (KEBS) taking over the inspections and 
testing while complicating or blocking clearance of goods. In the 
period that followed, even importers of the high -quality g oods 
from the EU suffered additional costs and losses. Since then, the 
policy change appears to be withdrawn. Would Kenya explain its 
future policy direction regarding pre -shipment inspections? Has it 
conducted any internal evaluation of the policy change,  taking into 
account the need to balance compliance with the national 
standards and technical regulations (i.e. combating imports of 
substandard, fake or hazardous products) with the objective to 
facilitate trade with high -quality, low -risk goods benefitti ng Kenyan 
customers? Does Kenya foresee any new safeguards that would 
prevent such far -reaching policy changes, taken without adequate 
notification or consultation with the stakeholders, from occurring in 
the future again?  Kenya does not have any plans to change from the existing pre -shipment 
programme, but has withdrawn th e services of pre -shipment companies, 
which failed to meet the expectation of the Government.  
 
Kenya is committed to the WTO TBT Agreement transparency principle and 
will strive to ensure that her trade measures are compliant.  
 
Could Kenya indicate whether they intend to review this measure 
which is not trade facilitating and probably disproportionate as it 
does not rest on risk management? Could Kenya explain whether 
there are plans to increase the transparency and predictability 
when introducing ne w measures for conformity assessment?  The government is committed to facilitating trade while ensuring there is 
compliance to technical regulations, standards, and conformity assessment 
procedures. Government is reviewing the best method to achieve this 
objective without disrupting trade.  
The Secretariat's report also states that the Kenyan Bureau of 
Standards (KEBS) "…may, at his own discretion, subject to such 
consignments to a destination inspection at a fee pf 15% of their 
c.i.f. value."  
Could Kenya c larify what is meant by the expression "at his own 
discretion" exactly?  
 
Could Kenya indicate which criteria are employed to avoid that 
such decisions result in discriminatory or disproportioned measures 
in relation to objectives pursued?  These are adminis trative powers granted to the standards body to make 
decisions on firms, which do not comply with procedures for importing goods 
into Kenya.  
 
Kenyan laws provide that, administrative decisions should be fair and 
proportionate. Officers are expected to make  their decisions within this 
framework of the law.  
Paragraph 3.13, pages 128 and 129  
 
"Kenya's Northern Corridor which runs from the Port of Mombasa 
to the Ugandan border is a major route for cargos in transit to 
hinterland countries. Procedures and dela ys for cargos destined to 
other EAC countries such as Burundi, Rwanda and Uganda have 
been greatly facilitated with the implementation of the Single 
Customs Territory and the regional bond system. For these cargos, Customs clearance and customs c ontrols in Mombasa is fully automated.   WT/TPR/M/384/Add.1  
 
- 71 - WTO Member  Questions  Responses  
the importer is required to lodge the cus toms declaration in the 
destination countries. For goods in transit, customs duties are 
assessed at the first point of entry in Kenya. The Kenyan 
authorities release the cargo for transit once the payment is made 
in the country of destination. The cargo is  monitored by a tracking 
system and remains under the regional bond system. Cargos in 
transit to other hinterland countries…continue to be regulated 
under the Northern Corridor Transit and Transport Agreement…."  
 
While Kenya 's Northern Corridor is a major route for cargos in 
transit, it is also a major route for cargos entering Kenya as a final 
destination. Could Kenya elaborate how it plans to further 
automatize and speed up customs clearance and customs controls 
in Mombasa?  
Paragraph 3.35, page 131  
"Under the excise duty regime, only licensed operators can import 
or manufacture excisable goods, or supply excisable services. 
Licences are granted by the KRA Commissioner for a duration that 
depends on the activity and product category. As an enforcement 
tool, licensed operators are required to affix excise stamps on 
every package of an excisable good. Stamp fees were adopted in 
2017."  
 
Has Kenya made an assessment of the effectiveness of  its excise 
stamp regime in tackling illicit trade? Could Kenya explain what 
strategy it is planning to implement to tackle the issue of illicit 
trade in alcoholic beverages which is reported to represent a huge 
fiscal loss for the government?  
 An assessme nt has not been done, but there are plans to do so.  
 
To tackle the issue of illicit trade in alcoholic beverages,  Kenya has put in 
place the following;  
• Multi-Agencies approach on activities at the borders and Entry/Exit 
points, such that different expertise and competencies are brought 
together.  
• Joint Patrols along Border -line, Entry. Exit points.  
• Joint verifications of goods.  
• Pre-shipment inspection  
• Conducting daily intelligence driven Joint Patrols along Border -line, 
Entry/Exit points.  
• Profiling a nd targeting of premises and means of transportation used for 
smuggling activities.  
• Intelligence gathering and information sharing on smuggling cartels, 
smuggling routes and smuggling means.  
• Rummaging and searches on inbound Ships, aircrafts, buses, trucks  and 
motor vehicles; including motor cycles.  
• Apprehension of those who seek to enter the country illegally, as well as 
seizures of contraband;  
• Contributions to disrupting the smuggling cycle through systematic 
delivery of consequences to those apprehended;  
• Joint raids with other government agencies e.g. KEBS, KEPHIS, Anti - 
counterfeit Agency, Immigration, CID, and Kenya Police on suspected 
premi ses. 
• Community engagement and sensitization of cross border traders and 
business community on the effects and consequences of smuggling.  
• Pre-Arrival Profiling of importers, exporters, clearing agents, passengers 
and porters  
• Punitive fines levied on persons /companies involved in smuggling.   WT/TPR/M/384/Add.1  
 
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Paragraph 3.49, page 135  
 
The Secretariat's report states that "The Brand Kenya Board was 
established in 2008 to build and enhance the country's image and 
national identity…"  
 
In light of the Cabinet's approval of the merger of "Export 
Promotion Council" and the "Brand Kenya Board" to create "Kenya 
Export Promotion and Branding Agency" (KEPROBA), could Kenya 
indicate an indicative timeline about the new Agency?  The process of merging is ongoing and the new agency is expected to be 
operational by end of 2019.  
Paragraphs 3.72 and 3.73, pages 138 and 139  
 
"Kenya operates a pre -shipment inspection programme on the 
conformity of imported goods with applicable standards, 
specifications or regulations. For products not sub ject to Kenyan 
standards, the verification is carried out against the relevant 
international standards or those applicable in the country of origin. 
Five companies are operating the verification programme on behalf 
of KEBS [the Kenya Bureau of Standards] . Each company is 
appointed for 36 months and has monopoly over inspection 
activities in countries assigned to it by the authorities."  
"The verification may include: physical inspection of goods; 
sampling, testing and analysis; audit of the production proce ss; 
documentary check; and conformity assessment to Kenyan 
standards. The requirement was notified to the WTO in November 
2015. Since December 2015, the verification programme has 
covered virtually all finished goods imported into Kenya…Goods 
manufactured in another EAC country are accepted based on the 
certification issued by the respective national standards bodies."  
 
Has Kenya taken, or plans to take, any measures directed to 
reduce the uncertainty and costs resulting from the re -inspection 
foreseen in the Legal Notice No. 127, STANDARDS (INSPECTION 
OF IMPORTS) ORDER (dated 7 June 2018) considering the 
detrimental impact it has on trade flows and importers? If so, 
please specify.  Kenya is carrying out risk profiling of importers, products and countries.  
 
Paragraph 3.77, page 139  
"Kenya maintains labelling requirements for foodstuffs and 
excisable goods. All foodstuffs must be labelled in English and/or 
Swahili. […]"  
 
Could Kenya confirm that any changes to either labelling 
requirements or the excise stamp regime will be notified to the 
WTO TBT Committee and that they will not be unduly trade -
restrictive?  Kenya complies with the WTO Transparency requirements and therefore any 
changes regarding labelling requirements shall be notified through the WTO 
secretariat.  
 
Due process will be followed to minimize the impact of these measures on 
trade.  
  WT/TPR/M/384/Add.1  
 
- 73 - WTO Member  Questions  Responses  
3.3.3 (Sanitary and phytosanitary requirements), page 140  
At the last TPR in 2012 Kenya undertook to adapt its requirements 
regarding avian influenza and bovine  spongiform encephalopathy 
to the OIE (World Organisation for Animal Health) 
recommendations.  
 
Could Kenya confirm that it accepts poultry and beef products 
according to OIE recommendations, including those on 
regionali zation and risk -free materials?  Kenya  bases her requirements on OIE guidelines.  
Paragraph 3.90, page 141  
"Over the past years, the Authority has dealt with cases involving 
a range of sectors and activities, the most frequent being alcoholic 
beverages, air transportation, and telecommunicati on services. It 
also handled cases of exclusive agreements relating to alcoholic 
beverages, education services and sports goods. CAK has not dealt 
with any import or export cartel."  
 
Could Kenya please provide additional details on the enforcement 
record o f the Competition Authority of Kenya (CAK) (number and 
types of cases treated, type of decision taken, sectors concerned, 
etc.)?  
 In 2017/2018, the Authority investigated 15 restrictive trade practices cases, 
13 of which were finalized and 2 are still unde r investigation.  
 
For these cases, various remedial measures (decisions) were made including, 
financial penalties and declaratory orders (compliance or non -compliance to 
the provision of the law) were imposed on different undertakings.  
 
Exemptions applica tions. The authority received and evaluated 11 cases. 7 
exemptions applications were evaluated in the air transport, agriculture, retail, 
and professional services sectors.  
 
Compliance of audit was carried out to ensure adherence to the Authority 's 
decisions and the competition Act.  
The summary of the sectors are as follows;  
1. Advertising and market research (33%)  
2. Manufacturing (27%)  
3. Agriculture, forestry and fishing (13%)  
4. Air transport (13%)  
5. Vehicle tracking, security industry  (7%) and  
6. Petroleum and petroleum products (7%)  
 
This information for various years is available on the Authority 
website. www.cak.go.ke  
Paragraph 3.94, page 142  
"There is no overarching legal framework for the establishment 
and regulatio n of state -owned entities in Kenya. They are 
established either under the State Corporation Act Cap 446, the 
Public Finance Management Act, or their individual enabling 
legislation…"  
 
Does Kenya intend to design a global legislation for SOEs that 
increases  the transparency of the regulation that affects these 
entities?  In March 2015, Kenya adopted the Mwongozo  Code of Governance for State 
Corporations and can be accessed at www.scac.go.ke/20 15-02-16-09-56-
36/mwongozo  . 
 
The key element of this code is to improve corporate governance of SOEs 
(effectiveness of boards, transparency and disclosure, accountability, risk 
management, internal controls, ethical leadership, and good corporate 
citizens hip). 
 
Paragraph 3.100, page 143  
"The Privatization Act establishes a Privatization Appeals Tribunal 
to hear and determine appeals against privatization -related The amendment of the Act to provide for the tribunal has been submitted to 
Parliament awaiting approval   WT/TPR/M/384/Add.1  
 
- 74 - WTO Member  Questions  Responses  
decisions. The Tribunal is not yet operational. During the review 
period, the legislation was  amended twice to, inter alia, strengthen 
the governance of the Privatization Commission and take into 
account the newly enacted public -private partnership legislation."  
 
What are the reasons for the delay in the implementation of the 
2005 Privatization Ac t? Has Kenya elaborated any plan regarding 
its implementation and any indicators to monitor it?  
Paragraph 3.104, page 143  
"According to the World Bank's Benchmarking Public Procurement 
scale, Kenya scores relatively high in the areas of bid opening, 
evaluation and award; and content and management of the 
procurement contract. Areas of low performance include the delay 
for pay ments to suppliers (between 31 and 90 days)..."  
Has Kenya put in place procedures to monitor the timely payment 
to suppliers in accordance with existing regulations?  A retail harmonised code of practice was signed on 17 January 2019 between 
the industry players. It provides for timelines for payments to suppliers. The 
code of practice provides for self -regulation by the industry to be backed by 
law.  
 
Paragraph 3.3.7 (Intellectual property rights), page 145  
Could Kenya elaborate on what the exclusive ri ghts of the 
performers and phonogram producers are in Kenya? In particular, 
we would like to get a confirmation about the scope of the making 
available right and that it is not limited only to remuneration 
rights.  
 
Regarding Geographical Indications (GIs),  could Kenya clarify what 
is the state of play of the draft GI Bill in Kenya? Could Kenya 
indicate which Ministries/Agencies are competent (and their 
respective competences) in respect of GIs?  
 The making available rights in Kenya are not limited to remune ration rights.  
 
The exclusive rights of a performer in Kenya include the right to;  
• Broadcast his performance except where the broadcast is made from 
a fixation of the performance authorized by the performer;  
• Communicate to the public his performance  
• Make a fixation of a previously unfixed performance;  
• Reproduce a fixation of the performance  
• Rent for commercial purposes to the public, the original and copies of 
their fixed performances;  
• Distribution of a fixation of his performance or copies thereof, to the 
public;  
• The making available to the public of his fixed performance, by wire 
or wireless means in such a way that members of the public may 
access them from a place or a time individually chosen by them  
 
The exclusive rights of phonogram (sound recordi ng) producers in Kenya 
include the right to;  
• Reproduction in any manner or form; or  
• Distribution to the public of copies by way of sale, rental, lease, hire, 
loan or any similar arrangements; or  
• Importation into Kenya; or  
• Communication to the public or the  broadcasting of the sound 
recording in whole or in part either in its original form or in any form 
recognizably derived from the original.  
 
Performers and producers of phonograms in Kenya also have moral rights 
independently their economic rights.  
  WT/TPR/M/384/Add.1  
 
- 75 - WTO Member  Questions  Responses  
Kenya has drafted a Geographical Indications Bill, 2018. It is to be forwarded 
to the Cabinet for approval  
 
The Kenya Industrial Property Institute (KIPI), currently under the Ministry of 
Industry, Trade and Cooperatives, administers the Trade Marks Act under 
which Geographical Indications (GIs) may be protected as collective marks. It 
is anticipated that KIPI will also administer the  GIs bill  once enacted into law.  
 
Matters relating to counterfeiting of  GIs, registered as  collective marks 
under  the Trade Marks Act, is the mandate of the Anti -counterfeit Agency 
(now Anti-counterfeit Authority) (ACA).  
Paragraphs 3.118 and 3.119, page 146  
"Trade in counterfeit goods is prohibited and can be prosecuted 
under the Anti -Counterfeit Act, 2008. Established in 2010, the  
Anti-Counterfeit Agency was tasked with the mandate of 
combatting counterfeiting, trade in counterfeit goods and other 
related dealings.  The legislation is being amended to increase the 
penalties and broaden its scope to include unbranded goods and 
labels ." 
"Amendments to the Anti -Counterfeit Act are proposed in the 
Statute Law (Miscellaneous Amendments), Bill 2018 and is in 
Parliament pending approval. The bill introduces a number of 
changes such as: the possibility for a consumer to be a 
complainant on i ssues relating to intellectual property 
infringements, expansion of the meaning of counterfeiting to 
include counterfeit marks (such as labels), expansion of the 
powers of inspectors to investigate related offences, and 
introduction of new offences in rela tion to counterfeit marks."  
 
When are the amendments to the Anti -Counterfeit Act likely to be 
adopted and when are they expected to enter into force?  The amendments were passed by parliament and are reflected in the Statute 
Law (Miscellaneous Amendments) Act, 2018. They came into force in January 
2019.  
Paragraph 4.113, page 163  
"Under Kenya's Vision 2030, the manufacturing sector is projected 
to be a major source of employment and wealth creation, 
contributing about 15% to GDP by 2020. In 2012, Kenya ado pted 
an industrialization policy that aims at turning the country into a 
leading industrialized nation with a "robust, diversified and globally 
competitive manufacturing sector"…"  
 
In the context of expanding economic growth and industrial sector, 
what eff orts is Kenya making towards the ratification of the ILO 
fundamental Convention 87 on freedom of association and 
protection of the right to organise convention?  The Constitution of Kenya 2010, Article 36 (1) provides for fundamental 
freedoms of association  and assembly.  
  WT/TPR/M/384/Add.1  
 
- 76 - WTO Member  Questions  Responses  
Paragraph 4.130, page 166  
"The banking industry is regulated by the Central Bank of Kenya 
(CBK) under the provisions of the Banking Act Cap 488. Banking 
business is subject to licensing by the CBK. Licences must be 
renewed annually…"  
 
Considering that banking licences must be renewed annually, has 
Kenya considered to implement a longer duration for banking 
licences taking into account the negative impact that this short 
duration has on the sector?  Effective  January 2017, commercial bank s are issued perpetual licences which 
can only be revoked if they breach the regulations.  
 
Only forex bureaus, micro finance institutions and money remittance providers 
are still being issued with licences renewable annually. However, the CBK is 
reviewing  the micro finance act to enable them to get perpetual licenses as 
well. 
Paragraph 4.137, page 167  
National "legislation requires that at least one -third of ownership 
of any insurance company be held by EAC citizens." This would 
seriously limit foreigners ' willingness to invest in the financial 
sector of Kenya with consequent reductions of foreign investment 
in this economic sector.  
 
Would Kenya consider revising this legislation?  The objective of this legislation is to allow the EAC citizens to participate in the 
insurance industry which private investors would not be keen to do so.  
 
Revision of legislation may be considered if the business environment 
necessitates.  
Paragraph 4. 139, page 167  
 
"There are four reinsurance companies: Kenya Reinsurance 
Company (Kenya Re) which is 60% owned by the Government; 
Zep Re (PTA Insurance Company), which is owned by the 19 
COMESA member countries; Africa Reinsurance Company (Africa 
Re), which  is owned jointly by African countries; and Africa Trade 
Insurance Agency (ATI). Kenya Re, Zep Re, and Africa Re receive 
mandatory cessions of respectively 20%, 10%, and 5% of all 
reinsurance business in Kenya…" This might seriously limit Kenyan 
insurers t o benefit from potentially lower prices and expertise from 
foreign reinsurers which will ultimately harm the national 
insurance sector.  
 
Would Kenya consider revising this legislation?  The current provisions of the law are serving the country and the regio n well. 
Consideration for revision may be considered if circumstances warrant.  
Paragraph 4.140, page 168  
"Fraud seems to be prevalent in the insurance industry: about 
40% of insurance claims are fraudulent. In 2011, IRA [the 
Insurance Regulatory Authority] established a fraud unit to 
investigate and prosecute fraudulent activities. In Kenya, third -
party liabi lity insurance for automobile, vessels and aircrafts are 
mandatory."  
 
Has there been a decrease in the number of fraudulent claims 
since its establishment in 2011?  QN 72  
Paragraph 4.142, page 168  The two institutions are distinct with specific mandates.   WT/TPR/M/384/Add.1  
 
- 77 - WTO Member  Questions  Responses  
"Under the 2030 Vision, the Government aims at establishi ng 
Nairobi as a leading international financial centre in Sub -Saharan 
Africa. The Nairobi International Financial Centre [NIFC] was 
established in 2014 through an executive order. The Nairobi 
Financial Act, 2017 provides for a legal framework to facilitate  and 
support the development of an efficient and globally competitive 
financial services sector that generates high levels of national 
savings and investments through the establishment of the Nairobi 
International Financial Services Authority (NIFSA). NIFS A is in the 
process of being operationalized. The next steps involve 
development of a strategy, creation of a one –stop shop for 
incorporation, and developing the strategic incentives aimed at 
attracting investors and marketing of NIFC."  
 
What is the inter action, if any, between the functions performed by 
the Nairobi International Financial Services Authority (NIFSA) and 
the Central Bank of Nairobi (CBK)? Is there a clear definition of the 
functions of each of these institutions to avoid any overlaps 
betwee n them?  The Nairobi International Financial Centre (NIFC) is aimed at establishing 
Kenya as a regional financial services hub both expanding Kenya 's access to 
international finance and leveraging the growth potential of the sector.  
 
The NIFC Authority (NIFCA) was established in 2014 as a dedicated agency 
with a legislative basis provided through the Nairobi International Financial 
Centre Act, 2017.  
 
The Central Bank of Kenya is established under Ar ticle 231 of the Kenya 
Constitution 2010. It spells out the functions of CBK and takes note that it 
shall not be under the direction or control of any person or Authority in 
exercising its powers.  
 
NIFC is established under An Act of parliament with disti nct functions.  
 
Annex 3 Rwanda  
 
Paragraph 3.68, page 209  
The report says that although Rwanda enacted a Competition and 
Consumer Protection law in 2012, it is yet to establish an 
operational competition authority. Additionally, it says that 
Rwanda is currently working on the establishment of a Rwanda 
Inspectorat e, Competition and Consumer Protection Authority 
(RICA).  
 
Could Rwanda please provide additional information on when the 
RICA can be expected to be established?  • The Government of Rwanda is in the process of appointing the 
Management of RICA in order for RICA to be operational  
 
Paragraph 3.72, page 209  
"…state involvement remains prevalent in many sectors of the 
economy and, in some cases, continues to crowd out  private 
entrepreneurs…"  
 
Could Rwanda please clarify if state owned or state linked 
enterprises are hampering the activities of private businesses? 
Does the law provide sufficient possibility for private businesses to 
seek redress, if they find that stat e-owned,  or linked businesses 
have unfair advantage or abuse a dominant position?  
 The statement is not true; Government intervention doesn 't harm any private 
entrepreneur as it is explained in Annex 3 on Rwanda report. In addition 
Rwanda believes in a pri vate led economy and provide a level playing field.  
Paragraph 3.105, page 215  
"Penalties for abuse of an industrial property title include a fine of 
between RWF 50,000 and RWF 500,000, a maximum term of Law N o. 31/2009 OF 26/10/2009 on the Protection of Intellectual Property  
Rights allows customs authorities (upon application by a rights holder, or on 
its own initiative) to suspend customs clearance procedures and  prevent  WT/TPR/M/384/Add.1  
 
- 78 - WTO Member  Questions  Responses  
imprisonment of five years, or both. Theft or fraudulent use of a 
formula of invention in any industrial activity is punishable by 
imprisonment of between one and five years, and a fine of five to 
ten times the value of profits obtained from the infringeme nt."  
 
Could Rwanda elaborate on the civil and border enforcement 
measures the enforcement and customs authorities can take 
against goods or services suspected of infringing an intellectual 
property right and against goods and services which were found to 
infringe an intellectual property right?  
 release of goods into free circulation if there is sufficient prima facie evidence 
that the importation of counterfeit trademark goods is taking place or 
infringing upon a protected rights owner or is imminent. There are 
administrative procedures that allow the suspension to be temporarily lifted 
and for an investigation to be carried out.  
 
Additionally, judicial authorities may, upon being satisfied that an applicant 's 
IP rights are being infringed, order customs authorities to carry out any of th e 
following actions:  
 
a) the suspension of release into free circulation of the infringing goods;  
b) the extension of the period of suspension of release into free circulation of 
such goods taken by customs authority;  
c) the disposal of such goods outside the Rwanda channels of commerce;  
d) the destruction of such goods.  
These actions do not apply to either personal items or goods in transit. 
Additionally, decisions made by customs or judicial authorities are subject to 
appeal.  
Paragraph 4.2, page 216  
"Rwandan agriculture is still dominated by non -mechanized, rain -
fed, subsistence farming. Although Rwanda has made significant 
progress in land tenure regularization and administration, its 
scarce arable land (estimated at 12,642 km2) and ownership 
fragmen tation (average plot size of 0.6 ha) continue to limit the 
possibilities to exploit economies of scale, thereby discouraging 
investment in mechanization. Vulnerability to soil erosion, 
exacerbated by Rwanda's topography and exposure to periodic 
weather -related shocks, also remains a major limiting factor. In 
addition, the agriculture sector's productivity is hampered by, inter 
alia, infrastructure deficiencies, limited availability of inputs 
(seeds, fertilizer and agricultural machinery) and tailored 
agricu ltural finance products, and imperfect agricultural commodity 
markets and value chains."  
 
What is Rwanda doing to increase the productivity in the 
agricultural sector?  
 1. Increase on -farm productivity sustainably  
1.1. 'Horizontal zoning ' of crops and liv estock based on their comparative 
advantage and on an evidence -based understanding of local conditions (soil, 
climate etc.);  
1.2 Promote the adoption of integrated soil fertility management which 
combines agri -environmental practices, resource recovery an d reuse of 
fertilizer -enriched products through incorporating manure, crop residues and 
composting in current farming systems;  
1.3 Support the increase in organic fertilizer production and utilization training 
as part of ISFM practices in conjunction with  the gradual liberalization of 
fertilizer supply;  
1.4 Promote Integrated Pest Management technologies to control pests and 
diseases. Natural pest control mechanisms are promoted to the extent possible, 
with the least possible disruption to the  
agro ecosy stem, and train farmers in safe pesticide handling and risks 
associated with pesticide use;  
1.5 Build local private sector led seed systems by facilitating access to irrigation, 
seed conditioning and storing capacity;  
1.6 Support production and use of so il specific fertilizer blends;  
1.7 Facilitate access to inputs by promotion of use of seed and fertilizers by 
increasing agro -dealership networks;  
1.8 Promote saving for input mechanisms and value chain integration;  
1.9 Promote and support production of  high value commodities.  
 
2. Address land fragmentation  
2.1. Zoning and protecting agriculture land, which requires close coordination 
at decentralized levels. This will be based on detailed land -profiling to determine  WT/TPR/M/384/Add.1  
 
- 79 - WTO Member  Questions  Responses  
use and potentials of the land;  
2.2. Gazetting agriculture land using the Agriculture Land Information System 
(ALIS), by ensuring plots to be registered and entered on the ALIS platform;  
2.3. Encourage farmer cooperation and cooperatives to improve productivity, 
increase production and commercialization  and address the challenge of land 
fragmentation;  
2.4. Develop policy interventions on strengthening the legal and enabling 
environment in order to improve (formal) land market participation in rural 
areas, especially through leasing;  
2.5. Encourage high value commodity production on smaller plots;  
2.6. Promote sustainable land husbandry practices to address soil erosion and 
degradation.  
2.7. Continue efforts on terracing while involving the local communities;  
2.8. Encourage use of a  wide range of cost -effective erosion control solutions 
such as structures: check dams, soils/water detention trenches, cut off drains, 
waterways; erosion control measures: tree belts, contour belts, grass strips, 
contour bunds, planting of fodder grasses on bunds/ridges, use of permanent, 
perennial vegetation on contours, etc.; and agro -forestry: intercropping, 
integration of trees on farm plots, tree belts, protective forests, food production 
and nitrogen fixing, erosion control, etc.  
 
3. Promoting Irrig ation and Sustainable Water Management  
3.1. Increase the area under irrigation;  
3.2. Promote private sector - led models of irrigation scheme management and 
establish maintenance fee collection;  
3.3. Attract Private sector and external finance for irrigation development;  
3.4. Support efforts to increase the capacity of on -farm water harvesting, 
storage, and use; develop groundwater and improve drainage and flood 
management.  
 
4. Promote high -value diversified agriculture  
4.1. Promote labour -intensive yet high -value sector development e.g. 
horticulture; and diversified high value crops;  
4.2. Expand the range of traditional export crops (coffee and tea) by diversifying 
into specialty crops for expo rt.  
Annex 4 Tanzania  
 
Paragraph 3.5, page 267  
"There have been no significant improvements in customs 
clearance times during the review period and, in some cases, some 
deterioration has occurred. For example, the average time to clear 
goods through Dar es Salaam port increased from 9 to 11 days 
during the review period. This can be attributed to changes in 
moving from an outside company to insourcing all customs 
processing, larger volumes of trade, and more goods in transit."  Under the current review period, the clearance time have reduced to 9.4 days 
for ports and 3 days at ai rport. This has happened due to the following:  
• The introduction of the Tanzania Customs Integrated System (TANCIS) 
which simplified the clearing process. The system has been linked to 
OGDs responsible for clearing goods;  
• Port expansion to reduce congestion ; 
• Operationalization of One Stop Border Post (OSBP) and Single Customs 
Territory; and  
• 24/7 hours ' workings at all point of entries.  
  WT/TPR/M/384/Add.1  
 
- 80 - WTO Member  Questions  Responses  
Could Tanzania provide reass urance to importers that customs 
procedures and clearance times will improve in the near future, 
and how do they expect this improvement to be achieved?  
Paragraph 3.69, page 282  
"The Act provides that all commercial activities and bodies are 
subject to its provisions, including state -owned enterprises (SOEs) 
engaged in commerce. Although state enterprises are covered, 
they are not liable for penalties or offenses under the Act. The FCA 
does not control anti -competitive practices in a number of sectors 
where there is a r egulator. These include the Energy and Water 
Utilities Regulatory Authority (EWURA) for the energy and water 
sectors; the Surface and Marine Transport Regulatory Authority 
(SUMATRA) for surface and marine water transport; the BOT for 
banking services; the Tanzania Civil Aviation Authority for civil 
aviation; and the Tanzania Communications Regulatory Authority 
for electronic and postal matters. "  
 
Does Tanzania envisage to extended penalties or offenses under 
the Act to SOEs? Does Tanzania envisage to exten d the scope of 
the FCA to sectors that are currently excluded?  The Government is studying the impact (advantages and disadvantages) of 
FCA on sectors that are currently included. Should the facts dictate the need 
to extend the scope of the FCA to sectors t hat are currently excluded,  then the 
Government (everything else given) may potentially decide to do so.  
Paragraph 3.73, page 283  
"The number of cases regarding competition over the review 
period was 25. There has been a steady rise in the number of 
merger applications dealt with, rising from 24 in 2012 to 61 in 
2017."  
 
Could Tanzania provide additional details on the enforcement 
record of the Fair Competition Commission (FCC) (number and 
types of cases treated, type of decision taken, sectors concerned, 
etc.)?  Number of applications dealt with from January 2018 to date is 78. Among 
which 56 approved without conditions, 5 approved with conditions, and 17 
ongoing mergers. The major five (5) sectors under acquisitions are:  
(i) Energy and Petroleum sector;  
(ii) Telecommunications;  
(iii) Banking sector;  
(iv) Insurance; and  
(v) Manufacturing.  
 
Paragraph 3.95, page 288  
"The new legislation in 2012 on plant breeders' rights for the 
Mainland created a new and independent protection system for 
plant varieties that were not registrable under the Patents Act. It 
establishes a Plant Breeders' Rights Registry for the granting of 
plant breeders' rights and for the facilitation of the transfer and 
licensing of plant breeders' rights. It also sets out criteria or 
conditions for var ieties that may be protected. The Zanzibar Plant 
Breeders Rights Act, 2014 mirrors the Mainland's Act, and basically 
contains the same or similar provisions."  
 
Could Tanzania explain how the new protection system of new 
plant varieties works in Tanzania? W e would like to get more 
information in particular about the preconditions to get protection 
for a new plant variety, the scope of protection and if Tanzania In Tanzania, the Plant Breeders'  Rights (PBR)  Office started the initiatives to 
align its Act with the UPOV system by putting in place a law which is 
compliance to the UPOV Convention of 1991.  
 
Conditions of protection : The protection of varieties under the PBR Act 
2012 is applied to all plant genera and species:  
(a) The breeder 's right shall be granted with respect to a variety which is 
new, distinct, uniform and stable;  
(b) The grant of the breeder 's right shall not be subject to any further or 
different conditions, provided that the variety is designated by a 
denomination which be its generic designation and no rights in the 
designation registered as the denomination of the variety that shall 
hamper the free use of the denomination in connection  with the variety 
even after the expiration of the breeder 's right.  The applicant complies  WT/TPR/M/384/Add.1  
 
- 81 - WTO Member  Questions  Responses  
applies the breeder's exception and the farmers' privilege and if it 
does, what the scope of these  exceptions is.  
 with the formalities provided for under this Act and that he pays the 
required fees;  
(c) Shall enable the variety to be identifiable;  
(d) Shall not be liable to mislead or to cause confusion concerning the 
characteristics, value or identity of the variety or the identity of the 
breeder;  
(e) Shall be different from every denomination which designates, in the 
territory of any member of international organization dealing with plant  
breeders rights matters to which Tanzania is a party, an existing variety 
of the same plant species or of a closely related species; and  
(f) May not consist solely of figure except where this is an established 
practice for designating varieties.  
 
Furthermore , the breeder 's right shall be granted with respect to:  
Novelty . The variety shall be deemed to be new if at the date of filling of the 
application for a breeder 's right, propagating or harvested materials of the 
variety has not been sold or otherwise disposed off to any person by or with 
the consent of the breeder for the purposes of exploitation of the variety: a) in 
the territory of the United Republic of Tanzan ia, earlier than one year before 
the date of filling the application, b) in a territory other than that of the United 
Republic of Tanzania: i) earlier than four years; or ii) in the case of trees or 
vines, earlier than six years before the said date.  
 
Distinctness : A variety shall be deemed to distinct where it is clearly 
distinguishable from any other variety whose existence is a matter of common 
knowledge at the time of filling of the application  
 
Uniformity : A variety shall be deemed to be uniform if, su bject to the 
variation that may be expected from the particular features of its propagation, 
it is sufficiently uniform in its relevant characteristics  
Stability : A variety shall be deemed to be stable, where its relevant 
characteristics remain unchanged a fter repeated propagation or in the case of 
a particular cycle of propagation, at the end of each cycle.  
 
Additionally, the application is accompanied by a fee prescribed in the PBR 
regulation 2018 (US D 200) 
The scope of protection:  
 
1) The breeder 's right granted under PBR Act 2012 shall expire after 
twenty years from the date of the grant except for trees and vines 
whose breeder 's right shall expire after twenty -five years from the date 
of grant.  
  WT/TPR/M/384/Add.1  
 
- 82 - WTO Member  Questions  Responses  
2) The term may be extended for an additional five years, by a written 
notice to the registrar given by the holder of the breeder 's right six 
months before the expiration of the original term.  
 
Tanzania applies the breeder 's exception and farmers ' privilege with the 
following conditions in which the breeder 's right  shall not extend to:  
 
(a) Acts done privately and for no -commercial purposes;  
(b) Acts done for experimental purposes; and  
(c) Acts done for the purpose of breeding other varieties  
 
In addition, the breeders rights shall not extend to a farmer who, within 
reasonable limits and subject to safeguarding of the legitimate interests of the 
holder of the breeder 's right, uses for propagating purposes on his own 
holding, the product of the harvest which he has obtained by planting on his 
own holding, the protected variety or  a variety that is essentially derived from 
the protected variety where the protected variety is not itself an essentially 
derived variety.  
Paragraphs 4.68, 4.69 and 4.70, pages 310 and 311  
The Secretariat's Report refers  to possible restrictions based on 
the "Natural Wealth and Resources Act", "Natural Wealth and 
Resources Contracts Act", Written Laws Act" (2017), the "Local 
Content Regulations"/Mining Act (2018) and "Mining regulations" 
(2016/2018). "The Government may r ender existing mining 
contracts null and void".  
These requirements referred to above distinguish between 
enterprises owned by Tanzania and by foreigners. Could Tanzania 
guarantee that discriminatory provisions of its national law will not 
be applied?   
Paragraph 4.114, page 327  
Important changes were introduced in 2017 to the Insurance Act 
including the requirement that insurance brokers be at least two -
thirds owned and controlled by Tanzanian citizens (previously it 
was one -third). This would seriously l imit foreign companies ' 
willingness to invest in the financial sector of Tanzania with 
consequent reductions of foreign investment in this economic 
sector.  
 
Would Tanzania consider reversing this recent change?  
 The requirement for two -thirds local ownership and control of insurance 
brokers is aimed at enhancing the participation of Tanzanians in the insurance 
sub-sector. Prior to this change, the requirement was one -third local 
ownership – which has worked fairly well. There are no evidences that th e 
increased ratio of local ownership and control of insurance brokers has 
reduced foreign investment in the insurance sector. The Government is 
studying the impact of the increased requirement and may consider reversing 
the change, should the facts dictate  the need to do so.  
 
However, in the event there is a serious investor who desires to establish an 
insurance broking firm in Tanzania and has a difficulty in complying to the 
two-thirds local ownership requirements, Section 140 of the Insurance Act 
empower s the Minister of Finance to grant an exemption to such an investor 
from complying to the said requirement if he considers it to be in public 
interest, and subject to any terms and conditions he may think fit to impose   WT/TPR/M/384/Add.1  
 
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Paragraph 4.115, page 327  
A new cir cular was issued in 2017 which put in place new 
restrictions on foreign reinsurers and reinsurance brokers. The 
main provisions of the circular are amongst others that all foreign 
reinsurance arrangements are subject to prior approval by the 
Tanzania Insur ance Regulatory Authority (TIRA) whereby insurers 
seeking to externalise an insurance risk must first attempt to use 
the services of locally registered insurance brokers. The circular 
also introduces an additional levy for facultative placements 
outside th e country. This might seriously limit Tanzanian insurers 
to benefit from potentially lower prices and expertise from foreign 
reinsurers which will ultimately harm the national insurance sector.  
 
Would Tanzania consider reversing this recent change?  
 The m ain objective of the said Circular is to address key challenges in 
reinsurance dealings within the industry which include, but not limited to, the 
following aspects:  
(i) Excessive use of International Facultative Reinsurance Arrangements even 
in situations and  cases which could safely be accommodated under Treaty 
Reinsurance Arrangements;  
 
(ii) 100% externalization (fronting) of risks which could partly be retained 
locally;  
 
(iii) Poor involvement of local insurance companies in participating in assuming 
parts of risks in tended to be externalized through co -insurance 
arrangements;  
 
(iv) Dealing with poorly rated or unrated foreign reinsurers;  
 
(v) Dealing with un -accredited reinsurance companies and reinsurance 
brokers (whose legal and financial standing is unknown); and  
(vi) Concealing  of ultimate destination of reinsurance premium payments 
through the use of reinsurance brokers or a series of reinsurance brokers.  
 
So far, the provisions of the Circular have worked well having enabled the 
Government to reduce irregular reinsurance practices in the market whilst 
providing a conducive environment for the prudent and financial  sound 
reinsurance companies and brokers (bo th foreign and local) to participate in 
the Tanzania insurance business. The Government is not planning to reverse 
the requirements of the Circular.  
Table A1.3, page 342 and table A1.6, page 345  
 
Could you please explain some changes in trade such as: a)  the 
variations in merchandise exports to Switzerland between 2015 
and 2017? b) the recent increase in merchandise exports to 
Vietnam? c) the steady decline in merchandise exports to China 
between 2014 and 2017? d) the variations in merchandise imports 
from India between 2014 and 2017?  
 The merchandise exports  from Switzerland rose from 304,642.7 Tshs in 2015 
to 414,033.9 Tshs in 2017  
 
Exports from Viet Nam 
The merchandise exports rose from 138,425 in 2015 to 699,593.4 in 2017  
 
Exports from China  
The mercha ndise exports declined from 645.9 in 2015 to 142.3 in 2017  
 
Variation in Merchandise imports from India was 2,147.6 in 2015 to 1,408.1 in 
2017 
Annex 5 Uganda  
 
Paragraph 1.5, pages 357 and 358  
 
"The Ugandan economy continued expanding during the 2011 -17 
period, with real GDP growth averaging 4.5% per year. Over the 
same period, per capita GDP increased from USD 732 to USD 773 Given the current projections the country is unlikely to achieve this target next 
year. A new target will be set and included in th e next National Development 
Plan (NDPIII) which is currently under preparation.  
  WT/TPR/M/384/Add.1  
 
- 84 - WTO Member  Questions  Responses  
in real term. According to the authorities, Uganda envisions 
graduating  from LDC to a lower middle -income country by 2020, 
and to an upper middle -income country by 2040. Economic growth 
slowed to an annual rate of 2.6% in 2016, due to drought that 
adversely affected agricultural production and agro -processing; the 
spillover f rom regional conflict also had a negative impact on 
growth. With weather conditions improving, the GDP annual 
growth rate bounced back to 5.1% in 2017."  
The EU notes that Uganda plans to graduate from LDC to lower 
middle income status by 2020 (i.e. next y ear). The EU would like 
to know whether the government plans to review this goal and, if 
yes, what the new targets would be.  
Paragraph 1.7, page 358  
"Trade -related taxes are the major source of" Ugandan "revenue. 
In FY2016/17, taxes collected at the border accounted for 42% of 
total revenue. The risk of debt distress remains low. According to 
the IMF, Uganda's debt is projected to peak at 42% of GDP in 
FY2019/20, when the scaling -up of infrastructure investment is 
completed."  
However, according to the most recent IMF (article I) consultation 
debriefing held in Kampala, IMF revised upward the estimate of 
Uganda debt as a share of GDP at 49.5% in 2020, increasing the 
risk of debt distress.  
 
The EU would like to know how Uganda intends to contain these 
rising debt levels and whether there are plans to  increase import 
duties, VAT and indirect domestic taxes?  
 Debt Sustainability: Uganda 's debt remains sustainable with nominal debt to 
GDP of 41.5%, projected to remain sustainable in the medium to long term. 
Debt levels are comfortably below the operational thresholds of 50% debt to 
GDP, and significantly below the sub -Saharan average (45.4% debt to GDP). 
It is envisaged that Uganda 's economy will sustain its debt levels, given that 
Government has prioritized: - 
(i) Enhanced domestic revenue effor ts. Through a comprehensive 
Domestic Revenue Mobilization strategy (DRMS), Government aims to 
raise the revenue to GDP ratio by 0.5% annually.  
(ii) The increase in domestic revenue will provide Government with 
the additional resources for financing develo pment projects and 
service its debt obligations annually, without actually adjusting taxes 
rates, such as import duties, VAT or indirect domestic taxes;  
(iii) Borrowing for mainly infrastructure projects to address current 
infrastructure gap (Transport, E nergy, Industrial Infrastructure and 
Water for Production);  
(iv) Investment in export -oriented areas to boost exports in order 
increase forex inflow and enable servicing of forex debt.  
(v) Improved loan absorption by strictly adhering to the loan 
approval  processes i.e. project preparation, negotiation and approval;  
(vi) Selective and strategic financing options to minimize financing 
risks, with preference given to concessional financing; and  
(vii) Uganda 's development agenda is guided by high National 
priorities with expected high economic returns, as identified in the 
National Development Plan.  
Paragraph 2.18, page 367  
The Secretariat's report states that "All investment projects are 
subject to investment licensing requirements by the UIA [Uganda 
Investment Authority]. In practice, a threshold of USD 100,000 is 
applied to foreign investors and USD 50,000 to local investo rs. A 
local investor is defined as a company in which the local partner 
holds more than 50% of the shares. The licence is issued within 
three days at no cost. Pursuant to Section 13 of the Investment The question talks about Tanzania enterprises and therefore Uganda thought it 
was not meant for our response. However, if this for Uganda 's response , we 
wish to respond as follows: Uganda being an LDC welcomes foreign direct 
investment that contributes to technology transfer, employment, increased 
export earnings and thereby contributing to economic development of our 
country. This is in line with the  aspirations of the WTO and the UN. Besides 
this, there are generous incentives for foreign investors who meet the 
qualification requirements in the Investment Code law 2019.   WT/TPR/M/384/Add.1  
 
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Code, foreign investors may be subject to a number of 
performance obligations (not imposed on national counterparts) as 
a condition for granting an investment licence. These include 
foreign exchange earnings, staff training and local employment, 
technological transfer, contribution to socio -economic 
development , and other obligations that the UIA may consider 
relevant for meeting the objectives of the Investment Code (e.g. 
investment size and environmental protection).  
 
These requirements referred to above distinguish between 
enterprises owned by Tanzania and by  foreigners. Could Uganda 
guarantee that discriminatory provisions of its national law will not 
be applied?   
Paragraph 3.80, page 379  
The EU notes that a significant number of fruits and vegetables 
exports to the EU have been rejected due to non -compliance of 
food safety requirements.  
 
The EU would like to know which measures have been taken or will 
likely be taken to strengthen the capacities of Crop Protection 
Department of the Ministry of Agriculture, Animal Industry and 
Fisheries (MAAIF) to ensure adequate Sanitary and Phyto -Sanitary 
standards for exports, notably to the EU.  Uganda appreciates the EU for the generous support in addressing SPS under 
the EPA -TAPSS, QUISP and Mark-Up project. Out of these we have developed 
SPS policy, trained farmers and exporters, undertook regulatory 
improvements. We look forward to continued cooperation under the auspices 
of the SPS Agreement, Article 9.  
 
Paragraph 3.81 and 3.82, page 379  
"Uganda has no national legislation to regulate competition or anti -
trust cases. (…)"  
"Bills for a competition law and a consumer protection law have 
been drafted but have not yet been debated in the legislature."  
 
Could Uganda provide additional information on when t he 
competition law is expected to be adopted?  The Bill is before Cabinet for approval and submission for Parliamentary 
debate.  
 
3.3.3 (Sanitary and phytosanitary requirements), page 378  
 
Could Uganda confirm that it accepts beef products according to 
OIE recommendations on bovine spongiform encephalopathy?  Yes, we conform to OIE recommendations on bovine spongiform 
encephalopathy. However, we are cognisant of Article 3.3 of the SPS 
Agreement.  
 
Paragraph 3.119, page 384  
"The Commercial Court is responsib le for hearing IP cases, 
including by artists and musicians in Uganda's Performing Arts 
Rights Society. The UNBS, the URA, and the Uganda Police Force 
(UPF) are responsible for enforcing the law on IP. In 2016, the 
URSB, in cooperation with the UPF, establ ished the Intellectual 
Property Enforcement Unit. The Unit's role is the enforcement of 
the law against trademark counterfeiting and copyright piracy. It is 
reported that the enforcement efforts are constrained by 
inadequate resources and funding."  Civil claims against infringement can be brought to the Magistrate 's Courts or 
High Court Commercial Division depending on the pecuniary values involved. 
Remedies include injunctions, damages, account of profits, and forfeiture and 
destruction of infringing material.  
Regarding border measures,  a trademark owner who has reasonable grounds 
for suspecting that some goods being imported bear an infringing trademark 
or that importation may take place, may lodge an application in writi ng with 
the court or Uganda Revenue Authority (URA) for the suspension by the 
customs department of the release into free circulation of the goods. The  WT/TPR/M/384/Add.1  
 
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Could Uganda elaborate on the civil and border enforcement 
measures the enforcement and customs authorities can take 
against goods or services suspected of infringing an intellectual 
property right and against goods and services which were found to 
infringe an i ntellectual property right?  description of the infringing goods must be sufficiently detailed to enable their 
recognition by URA.  
 
Table A1.3, page 410 and table A1.4, page 411  
 
Could you please explain some changes in trade such as: a) the 
surge in merchandise exports to the United Arab Emirates between 
2015 and 2016? b) the steady decline in merchandise imports 
from India between 2013 and 2017?  
 a) The surge in merchandise exports to UAE is on account of Gold exports 
whose export revenue increased significantly over the past 5 years after the 
establishment of the African Gold Refinery in Uganda. UAE is the main export 
destination o f Ugandan gold. The value addition on unrefined gold attracted 
better international prices making Gold the second highest foreign exchange 
earner by 2016, after coffee. However, in 2018, Gold was the leading foreign 
exchange earner, surpassing coffee.  
 
b) The steady decline of merchandise imports from India between 2013 to 
2017 could be attributed to the entry of China in the Ugandan market. During 
the past three years, imports from China steadily increased from 
USD 886.2  million in 2016 to US D 986.0 millio n in 2017 and 
USD 1,184.2  million in 2018, making China the leading source of Ugandan 
merchandise imports. Meanwhile, the imports from India continued to 
plummet over the same period.   Uganda imports mainly capital and finished 
goods from these two countri es, where Chinese products could be preferred 
substitutes for the Indian products on account of affordability/favourable 
prices.  
WT/TPR/G/384 – Report by the East African Community  
 
Paragraph 2.1, page 4  
Regarding investment, could the EAC provide recent data on 
Foreign Direct Investment (FDI):  
1) FDI investment flows (inward and outward);  
2) Intra -EAC Investment Flows;  
3) Employment creation linked to FDI inflows;  
4) Sectoral distribution of FDI inflows in the EAC;  
5) Sources of FDI.  The recent data on FDI is contained in the EAC Trade and Investment Report 
2017 which can be downloaded from the EAC website www.eac.int  
Paragraph 2.18, page 5  
"Burundi's external debt rose by 2.7%, to USD 440.5 million in 
2017 from USD 429.1 million in 2016…"  
 
Could Burundi provide information on external debt as a 
percentage of national GDP and the development of the external 
debt in the recent years?   
Paragraph 2.19, page 6  
The report states that external debt has increased in the region, 
notably in Kenya, where its total public debt increased from USD 
35.8 billion in 2016 to USD 42.5 billion in 2017 and its external 
debt stock increased from USD 17.8 billion (25 % of GDP) in  the   WT/TPR/M/384/Add.1  
 
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fiscal year 2016 to USD 22.1 billion in 2017 (representing about 
29.6 % of GDP).  
Paragraph 2.26, page 7  
"The EAC is making strides in promoting regional value chains to 
boost production and grow EAC's trade values."  
 
Could Burundi provide information  on what has been achieved in 
this regard in the mid -term of the Strategy EAC implementation?  
An increase in the level of external debt appears to be quite 
significant, particularly in the case of Kenya. These trends appear 
to be at least partially caused by debt -financed infrastructure 
spending. Does Kenya expect any stimulus effect on the productive 
sectors of the economy, improving its competitiveness? If so, can 
Kenya estimate any sectoral effect, including overall effect on 
trade balance?  
 Yes, the development in infrastructure have commensurate returns on the 
GDP whereby Transport and communication sectors are among the leading 
sectors generating foreign exchange in the economy.  
 
The borrowing has been done for infrastructure development, which I critical 
for the economic development of the country. It is expected that efficient 
infrastructure will stimulate the productive sectors of the economy to generate 
sufficient and competitive goods and services for export, which will ultimately 
improve th e balance of trade.  
Paragraph 3.5, pages 7 and 8  
The report states that Kenya´s vision 2030 aims to drive the 
country towards sustained high levels of inclusive economic growth 
and attainment of middle -income country status by the year 2030. 
Based on the  three "pillars ", economic, social and political 
transformation, the Vision is being implemented in successive, 
five-year Medium -Term Plans, first plan covered period 2008 – 12, 
second phase was 2013 – 17 and the third phase covers 2018 –22. 
 
With respect to the Kenya´s Vision 2030, can Kenya provide more 
details regarding the ongoing third Medium Term Plan 2018 –22, its 
goals and achievements?  The third Medium Term Plan is aimed at transforming lives by advancing 
socio-economic development in Kenya.  
 
The Pl an's achievements will be evaluated through a mid -term review (2020) 
and end -term review by the year 2022.  
Paragraph 4.1, page 8  
"The EAC countries continue to make considerable reforms to 
improve the doing business environment to attract investment 
across the region especially in oil and gas, agro -processing, 
mineral processing, tourism, financial services, telecommunication 
and transport."  
 
Could Burundi provide some details of incentives available for 
investment in oil and gas, agro -processing, mineral  processing, 
tourism, financial services, telecommunication and transport 
activities?  
 The incentives available for investment in oil and gas, agro -processing, 
mineral processing, tourism, financial services, telecommunication and 
transport activities are the following:  
1. Exemption from customs duties on raw materials and equipment and 
especially special vehicles;  
2. Exemption from transfer duties in case of acquisition of fixed assets 
(land or building)  
3. Payment of countervailing duties of 5% instead of between 10 and 25% 
on semi or finished products intended to carry out its investment project 
(consumables are not concerned),  
4. 5% or 2% reduction in the income tax rate (30%) depending on 
whether the promoter declares and proves that he employed during the 
year at least 200 employees  
Paragraph 4.9, page 9  EAC is implementing MRP harmonised registration system  that allows licenses 
or market authorizations (MAs) issued in one partner state to be recognized 
by other partner states, hence reducing the time and cost of processing  WT/TPR/M/384/Add.1  
 
- 88 - WTO Member  Questions  Responses  
"Eradicating livestock diseases that adversely affect livestock 
products' access to external markets, remains a major challenge 
for livestock industry in the EAC…"  
 
How do EAC countries consider addressing the c hallenges of 
eradicating livestock diseases?  
 multiple licenses (market authorizations) within the Community. This will also 
reduce duplication of dossier assessments and allowing the rapid introduction 
of good quality immunological products into more markets at less cost.  
 
EAC Partner States are currently harmonizing programs and procedures for 
managing and eradicating diseases includ ing the Transboundary Animal 
Diseases (TADs). Efforts are being made to collaborate in the management of 
diseases including through research and exchange of expertise within the 
region.  
 
Interventions for animal diseases control and eradication are being 
implemented as defined under the strategic documents such as the Strategic 
Plan for Agricultural Transformation (PSTA IV) and the  National Agricultural 
Policy 2018 and include:  
1. Prevention of animal diseases (including vaccination) and surveillance 
linked to early detection, warning and rapid response to disease emergencies 
making use of appropriate technologies.  
2. Strengthening control of  cross-border animal movements;  
3. Enhancing the capacity of the Veterinary Health Systems for disease 
surveillance and vaccination for both emerging and endemic diseases as well 
as the diagnostic capacity of veterinary laboratories;  
4. Establishment of policy guidelines for disease control, vaccination and 
surveillance including the integration of digitalized systems to share animal 
health information.  
 5. Promoting a one health system to reduce the impact of disease emergence 
events on humans and livestock and to mitigate future emergence through 
improved cross -sectoral coordination.  
 6. Development and preparation of  the dossiers to submit for Disease free 
status from Foot and Mouth Disease (FMD), Pest des Petits Ruminants (PPR), 
Contagious Bovine Peri -pneumonia (CBPP) and African Swine Fever (ASF).  
Paragraphs 4.17 and 4.18, page 10  
The report states that since the  previous review, oil discovery was 
made in the Tertiary rift of Kenya which has proved to be 
commercially viable. The Government of Kenya with the oil 
exploring companies have agreed to a joint commercial 
development. A pipeline route to the port of Lamu has been 
identified to evacuate the oil and the engineering and design for 
the pipeline is under way. The first oil export is expected in 2022.  
 
In terms of the pipeline construction, could Kenya specify whether 
the project is/ would be open for foreign bi dders and suppliers? 
Would it be subject to the provisions of Buy Kenya - Build Kenya 
Strategy restricting access to foreign suppliers?  The construction of the Lokichar – Lamu Crude Oil Pipeline will be open to 
foreign bidders and suppliers. It 's worth not ing that the FEED is being carried 
out by a European firm.   WT/TPR/M/384/Add.1  
 
- 89 - WTO Member  Questions  Responses  
Paragraph 4.30, page 12  
"The EAC countries will also benefit from the implementation of the 
Tripartite and Continental Infrastructural Master Plans."  
 
The EU would appreciate receiving further details on the Tripartite 
and Continental Infrastructural Master Plans and their 
implementations.   
JAPAN  Paragraph 6, page 5  
 
According to paragraph 6 of the report by the secretariat, the 
negotiations on an Economic Partnership Agreement (EPA) with the 
European Union were concluded in October 2014. For Burundi, 
Tanzania and Uganda, please state the progress in ratifying the 
agreement and share the domestic discussions regarding the EPA 
with the EU.  Consultations are ongoing on the concerns raised by some Partner States on 
the effects of the EPA, with a view to resolving them.  
Paragraph 2.7, page 120  
 
When making a contract reg arding Japan 's ODA project in Kenya, 
the Government of Kenya sometimes tries to appoint the Nairobi 
International Arbitration Center (NCIA), which is located in Kenya, 
for jurisdiction to hear matters related to arbitration.  
The Government of Japan conside rs that the court arbitrator should 
be designated to a neutral country, apart from Japan and Kenya.  
Please state Kenya's view on this issue.  NCIA is an independent institution administered by a Board of directors drawn 
from public and Private sector with a  unique blend of competencies from the 
EAST Africa Region. It offers a neutral venue for the conduct of international 
arbitration with commitment to providing institutional support to the arbitral 
process.  
 
3.1.4 Tariffs  
Paragraph 3.22, page 129  
 
In almo st every June, the Government of Kenya implements tax 
reform.  
During this process, there were cases where new tariffs and duties 
on goods were introduced without a prior notice.   
When these tax reforms are to be introduced, the Government of 
Japan hopes th at these changes have been implemented after 
following the required procedures such as getting feedback from the 
relevant stakeholders and public hearings.  
Kindly comment on this issue.  The budget process in Kenya is highly consultative and all stakeholder s are 
adequately involved. The draft budget is usually subjected to public hearings 
before the process is completed .  
 
3.1.5.2.1 Value added tax  
Paragraph 3.31, page 131  
 
Although the Government of Japan and the Government of Kenya 
have agreed on the E/N  of provisions to exempt the value added tax 
(VAT) on locally consumed goods related to ODA projects, the 
companies involved in the ODA projects have experienced cases 
where it takes more than one year to complete the process for the 
VAT refunds.  There are ongoing reforms to expedite VAT refunds. It is expected that this 
will resolve these delays.   WT/TPR/M/384/Add.1  
 
- 90 - WTO Member  Questions  Responses  
Kindly co mment on this issue.  
3.1.1 Customs procedures, valuation and requirements  
Paragraph 3.12, page 269  
 
According to the Annex -4 paragraph 3.12, Tanzania p lans to ratify 
the Trade Facilitation Agreement by the end of FY 2018/19. Please 
share the status quo with the members.  
 Tanzania has not yet ratified the TF Agreement. However, we are at the 
advanced stage of the ratification process according to the domestic 
ratification procedures. We expect, to have TF agreement ratified during the 
coming financial year 2019/2020.  
Full implementation of the TF Agreement including notification of categories B 
and C will be made after the ratification process has been completed.  
Though, Tanzania has not yet ratified TF Agreement, the Government has 
continued to undertake dedicated effort in improving business environment in 
the country.  
Those efforts include, among other things, the following:  
(a) Establishment and irrationalizing the National Trade facilitation 
Committee;  
(b) Launching of the BLUEPRINT which was approved by the Cabinet in 2018.  
The BLUEPRINT provides the Governments ' main framework for enabling a 
holistic review of the business enabling environment in order to improve 
the business climate in Tanzania. It presents key challenges affecting the 
business environment in Tanzania alon g with a set of recommendations 
for reforms to put in place a more business friendly environment in the 
country. The BLUEPRINT seeks to put in place a framework for addressing 
regulatory hurdles and create a smart, functional, and fair business 
regulatory regime in Tanzania;  
(c) Introduction of the Online Registration System (ORS) which enables 
business community and public in general, to access all services offered 
by the Business Registration and Licensing Agency (BRELA) wherever they 
are without physically v isiting the respective offices; and  
(d) Infrastructure development in the form of roads, flyovers, rails ways, 
modernization of harbours and airports which are key enablers in 
facilitating trade.  
AUSTRALIA  Page 6, Paragraph 12  
 
The report states that the ad valorem  CET rates exceed a number 
of corresponding ad valorem  rates bound by Burundi, Kenya and 
Rwanda and that, for some lines, applied alternate tariffs may 
exceed bound ad valorem  rates.   
 
What plans does the EAC have in relation to future tariff reform , 
including facilitating further integration into the multilateral trading 
system?  Discussions on renegotiations of bound rates will be held with the affected 
Partner States  
Page 7, Paragraph 19  
 
The report states that intellectual property right issues are not 
harmonized in the EAC, but efforts are being made at regional 
level to assist EAC member states to implement the TRIPS 
Agreement with a view to promoting copyright and cultural A Regional IP Policy on the Utilisation of Public Health -Related WTO -TRIPS 
Flexibilities was e nacted in February 2013 and is currently being implemented. 
The Policy focuses on the full use of specific TRIPS Flexibilities for optimising 
access to health products and medical devices in the EAC. The EAC Regional 
Protocol on Public Health Related WTO -TRIPs flexibilities has also been 
developed.   WT/TPR/M/384/Add.1  
 
- 91 - WTO Member  Questions  Responses  
industries, traditional knowledge, geographical indications, and 
techno logy transfer.  
 
Australia welcomes the EAC 's efforts to assist member states to 
implement the TRIPS Agreement.  Could the EAC provide an update 
on these efforts?  
Page 20, Paragraph 2.33  
 
The report states that a Policy on EAC Domestic Tax Harmonization 
was developed and endorsed by the finance ministers during the 
8th Meeting of the Sectoral Council on Finance and Economic 
Affairs held in May 2018, and that detailed harmonization 
proposals  for VAT and excise taxes rates were being developed for 
consideration by the finance ministers in November 2018.  
 
Could the EAC provide details and timeframes with regard to its 
Policy on EAC Domestic Tax Harmonization and the detailed 
harmoni zation prop osals for VAT and excise taxes rates?  
 Note that this is work in progress and EAC Partner States are still 
discussing the harmonization of domestic taxes.  Regarding Excise taxes, 
Partner States have established a list of mandatory excisable goods and also 
agreed to establish a minimum rate  for each of the mandatory excisable good, 
which shall be adopted by all Partner States.   
In order to establish minimum rate to be adopted, Partner States identified 
current rates of excise duty for the mandatory excisable  goods/services for all 
Partner States in order to identify and agree on the minimum rate that would 
be applicable to all Partner States.   However, it was noted that some Partner 
States impose excise duties based on specific rates while others use ad 
valorem method.  In this case, comparisons of rates across the EAC Partner 
States became a challenge, as it would require computation of tax 
incidence/tax yield per unit for the case of ad valorem  or converting tax values 
to percentages for the case of specific method.  It was further noted that this 
computation will require additional information and statistics, which was not 
available during the discussion.  So, at the moment, we are working on 
converting tax yields obtained from ad valorem  rates into specific va lues per 
unit and/or converting specific excise rates into percentages in order to enable 
comparison of minimum excise rates across Partner States and establish a 
minimum rate that will be adopted by all Partner States, as provided for in the 
EAC Policy fo r harmonization of domestic taxes.  
Regarding the VAT, EAC Partner States have agreed that it is necessary to 
harmonize substantial aspects of VAT including the tax coverage, exemptions, 
bases, rates, credit/refund mechanism, time and place of supply, threshold 
and registration procedures in order to maintain coherence in the domestic 
systems of taxation in the community, which should be developed as the 
principal for m of indirect taxation in the community. In view of this, EAC 
Domestic Tax Harmonization Policy stresses on harmonization of VAT as 
guided by the following principles:  
• Destination principle of taxation;   
• Common rules for determining mandatory exemptions and a limited 
list of optional exemptions;  
• Common rules for determining supply,  tax point,  and taxable values;  
• A single positive standard rate in each PS subject to an EAC -wide 
minimum;  
• Adopt a zero -rating approach for all exports;  
• Adopt a limited zero rat ing/related VAT reliefs for specific 
domestically consumed goods and services;   WT/TPR/M/384/Add.1  
 
- 92 - WTO Member  Questions  Responses  
• Adopt common rules for implementing the invoice -credit method, 
credit carry forward, limitations on input credits and reimbursement 
for excess VAT paid (paying attention to tax neutrality for 
investments);  
• Adopt a common framework for tax incentives under VAT;   
• Adopt common procedures regarding registration rules;  
• Adopt common minimum thresholds for VAT mandatory registration  
Page 41, Paragraphs 4.2.1 and 4.2.2  
 
The report sta tes that the EAC Treaty calls for the harmonization 
of countries' mining regulations, in order to ensure 
environmentally -friendly and sound mining practices.  It states 
that, at the continental level, countries are seeking to align their 
mineral and mining policies with the Africa Mining Vision and that 
an EAC Mining Bill was tabled before the EALA in 2016, but that 
the process is still ongoing.  
 
Could the EAC provide an update on any progress towards 
harmoni zation of countries ' mining regulations?  Is this l ikely to 
involve any changes to domestic mining legislation?  
 
Could the EAC provide an update on the status of the EAC Mining 
Bill?  
Page 45, Paragraphs 4.49 -4.50 
 
The report notes that the free movement of labour is one of the 
key pillars of the EAC common market, but that, in practice, the 
free movement of workers within the EAC is restricted to selected 
highly -skilled workers and craft and related trade workers an d is 
hindered by a number of issues.  The report notes that EAC 
member states are currently amending their respective national 
policies, including laws and regulations, to conform to the Protocol 
on the Establishment of the EAC Common Market (CM Protocol).  
 
Could the EAC provide an update on progress toward amending 
national policies to conform to the CM Protocol?  
 
Could the EAC provide an update on the status of the Cross -Border 
Trade in Professional Services Bill?  
 Under article 47, the EAC CMP, the Partner States are expected to amend their 
national laws to conform to the protocol obligations. The Council established a 
Committee on harmonization and approximation of laws, which sits and make 
proposals to the Sectora l Council on Legal and Judicial affairs on principles 
that guide Partner States to review their national laws. However, the Partner 
States are at different levels of amending and enacting laws to conform to the 
protocol provisions. With specific reference to Movement of Labor, the EAC 
Secretariat in collaboration of the World Bank has developed a Scorecard on 
Free Movement of Workers, rights of Establishment and Residence.  
 
The Score  card, identified laws in Partner States that are inconsistent with the 
CMP and made proposals on particular sections of the national laws for 
amendment. The Scorecard is expected to be launched by July 2019. 
Thereafter, the Partner States will use the reco mmendations contained in the 
Scorecard to fast - track the amendment process.  
TheCross -Border Trade in Professional Services Bill is still under discussion in 
the East African Legislative Assembly.  
Burundi  
 
Page 69, Paragraph 2.22  
 It is true that Burundi has fallen by 7 places in the ranking of the Doing 
Business Report 2018 compared to 2017. However, Burundi has improved its 
ranking in relation to certain indicators such as business creation (starting 
business) and globalization. I ssuing a construction permit in the Doing 
Business 2019 report, moving from the 42nd to the 17th place for the  WT/TPR/M/384/Add.1  
 
- 93 - WTO Member  Questions  Responses  
The report states that  the World Bank report "Doing Business 
2018" ranks Burundi 164th out of 190 in terms of ease of doing 
business - seven places lower than in 2017.  This decline also 
applies to the ease of starting a business, where Burundi has 
dropped from 18th place out of  190 in 2017 to 42nd in 2018.  
 
What steps is Burundi taking to improve the ease of doing 
business, particularly in terms of improvements to the political 
situation?  business creation and the building permit from 168th to 162nd. Other reforms 
were initiated, including the promulgation of the merchant insolvenc y law, the 
operation of the Electronic Single Window and many other reforms in the 
payment of taxes such as the payment of taxes. by telephone.  
Page 92, paragraph 4.53  
 
Burundi enacted a new Mining Code in 2013, its provisions apply to 
all operations of exploration, prospecting, industrial and artisanal 
exploitation, processing, storage, transport and marketing, as well 
as closure of mines, relating to mineral or fossil substances, 
thermal waters and quarrying products on the territory and in the 
territor ial waters of Burundi, with the exception of liquid or 
gaseous hydrocarbons, which are governed by specific laws. Under 
the Code, the State has the role of regulator and does not engage 
in mining activities.  
 
Does Burundi have any trade policies that specifically impact 
mining or mining equipment?  Yes, there is a Ministerial Order No. 760/540/898/2015 of 13 July 2015 on the 
tax regime applicable to the mining and quarrying sector of Burundi.  
Mining code of  October 15, 2013.  
Decree no 1/193 june 16,2015 as mining regulations.  
Kenya  
 
Pages 118 -119, Paragraph 1.19  
 
The report states that the country improved its Doing Business 
ranking by 28 positions, to 80th out of 190 countries in 2018, but 
this improvement is not reflected in the country's performance in 
attracting foreign direct investments.  
 
Australia congratulates Kenya on the significant improvement to 
its Doing Business ranking and welcomes the recent steps Kenya 
has taken to promote foreign investment,  including the 
establishment of the Kenya Investment Authority and the 
development of Kenya Vision 2030.  What additional steps is Kenya 
taking to attract foreign direct investment?  Additional steps include:  
• Implementation of the WTO Trade Facilitation Agre ement which aims to 
reduce the cost of doing business by simplifying trade procedures and 
processes;  
• Additional investment in infrastructure to link Kenya with its neighbours to 
promote regional trade;  
• Increase power generation to ensure stable and continu ous supply of 
power with focus on renewable energy especially geothermal, wind and 
solar energy;  
• Internal legal and regulatory reforms to strengthen business support 
organizations and other institutions dealing with business and investment; 
and  
• Kenya is also focussing on the sustainable exploitation of the blue economy 
due to abundance of marine resources.  
 
Page 122, Paragraph 2.9  
 
The report states that, during the review period, Kenya 
strengthened its anti -corruption framework, through the 
enactment o f the Bribery Act, 2016 and the creation of specialized 
anti-corruption and economic crimes courts, which are operational.  There are currently no plans to join EITI. Kenya is in  the process of 
strengthening the institutions and regulatory framework to attract 
considerable amount of investments in mining before joining EITI.  
 
Kenya has identified the following additional measures to  counter corruption:  
• Establishment of  Multi Agency teams to investigate corruption cases   WT/TPR/M/384/Add.1  
 
- 94 - WTO Member  Questions  Responses  
Australia welcomes the strengthening of Kenya 's anti -corruption 
framework.  During the EAC TPR in 2012, Kenya stated it intended 
to join the Extractives Industry Transparency Initiative. Does 
Kenya still intend to join this Initiative?  
 
Is Kenya considering implementing any additional initiatives or 
mechanisms to address corruption?  
 • Enhanced capacity building of government agencies entrusted to fight 
corruption.  
• Enhanced intelligence led  evidence collection and investigation of 
corruption cases  
• Improved information sharing amongst agencies  
• Timely reporting on corruption cases  
• Improved government good will, robust investigations that have seen 
arrests and arraignment before court of senior government officials and 
parastatal heads.  
• Up-scaling involvement of other relevant stakeholders and mem bers of the 
public  
• Increased cooperation with safe haven jurisdictions facilitating bilateral 
engagements to ensure repatriation of individuals and recovery of assets.  
• Increased crackdown of high-profile  fraud and corruption cases  
• On the judiciary angle, t he judiciary has established a special economic 
crimes court with its registry in Nairobi to hear economic crimes cases only 
in a bid to expedite the same  
Page 124, Paragraph 2.23  
 
The report states that limited access to financing and a heavy tax 
burden  remain among the most problematic constraints facing 
investors.  
 
Is access to financing for investors a concern for the Kenyan 
Government and does the Kenyan Government see itself as having 
a role to play in addressing the issue?  If so, what is that role?  
What is Kenya's approach to reducing and/or simplifying taxation?  
 Access to finance is one of the key priorities of the government under the 
Kenya Vision 2030. The vision for the Financial Services Sector  
(FSS) is to create a vibrant and globally compet itive financial sector that will 
promote high levels of savings to finance Kenya 's overall investment needs.  
 
Many strategies are already in place including reduced borrowing rates, and 
the Kenya Credit Guarantee Scheme Bill to further support access to c redit by 
Micro, Small and Medium Enterprises (MSMEs)  
The role of government is critical in formulating strategies geared towards tax 
simplification. A number of initiatives are currently ongoing.  
 
The income tax act is being reviewed to simplify and addres s the issue of the 
tax burden.  
 
A simplified presumptive tax of 15% of single business permit fee came into 
effect in January 2019 to replace the turnover tax, which was 3% of the 
annual gross turnover.  
Page 130, Paragraph 3.27  
 
The report states that K enya collects an import declaration fee 
(IDF) on all imports destined for consumption in Kenya. In 2016, 
the IDF rate was lowered from 2.25% to 2% of the c.i.f. value of 
the goods, with a minimum charge of KES 5,000.  
 
What impact has lowering the IDF on al l imports destined for 
consumption in Kenya had on domestic companies?  Is there any 
scope to further lower the IDF?  
 The lowering of IDF is part of the Government 's efforts in harmonising and 
consolidating fees and other levies/charges.  
 
The impact of lowering the IDF has had the following:  
• reduced the cost of doing business;  
• Faster approval of IDF since payment is no longer required in advance; and  
• It has encouraged importers of items of small value such as couriers to 
have their declaration done in a simplified version  
 
The scope of lowering IDF is normally considered during continuous 
government review on revenue sources.   WT/TPR/M/384/Add.1  
 
- 95 - WTO Member  Questions  Responses  
Page 130, paragraph 3.29  
 
The report states that Kenya collects a sugar development levy 
with the purpose of financing the activities of the sugar industry. 
The levy is charged at the rate of 7% on the ex -factory price (for 
locally manufactured sugar) or the c.i.f. value (for imports).  
 
Does Kenya have any plans to review its sugar development levy?  
Does this charge meet the r equirements of Article VIII of GATT 
that all fees and charges be limited in amount to the approximate 
cost of services rendered?  The sugar levy has since been abolished  
Page 135, Paragraph 3.56  
 
The report states that some mining and other products are subject 
to specific export documentation requirements.  
 
What steps and opportunities might Kenya take to improve the 
ease of exporting for investors, including reducing bottlenecks in 
the processing of export permits?  
 Kenya is committed to improving the e nvironment of doing business in the 
country including provision of information on export documentation 
requirements, export permits and procedures.  
 
This is evident through the Kenya trade portal infotrade@go.ke  which provides 
information on export and import documentation requirements including the 
necessary permits and fees.  
 
This information portal will be continuously improved to meet the needs of the 
business community.  
Page 136, Paragraph 3.57  
 
The repor t states that Kenya's export performance is hindered by 
challenges related to, inter alia, poor infrastructure and high costs 
of inputs, high costs of export finance, increased competition in 
key markets, stringent and changing market entry requirements, 
and some non -tariff barriers.  
 
What steps is Kenya taking to improve infrastructure, reduce 
market entry requirements and remove non -tariff barriers for 
foreign investors?  Kenya under Vision 2030 has invested a lot in infrastructure development in 
terms of roads, ports and railways. This is aimed at facilitating trade and 
reducing the cost of doing business.  
 
Kenya Investment Authority has established a one stop shop for investors to 
facilitate investors wishing to invest in Kenya.  
Page 154, Paragraph 3.112  
 
The report states there has been no major change to Kenya's 
intellectual property rights regime since its last TPR in 2012.  
 
During the last TPR, Kenya expressed an intent to improve 
intellectual property legislation including that on geographical 
indicators.  Have any steps been taken to progress this?  Kenya has drafted a Geographical Indications Bill, 2018 awaiting Cabinet 
approval.  
Page 158, Paragraph 4.78  
 
The report states that mineral rights are granted either through a 
license (for large scale operations) or a permit. Licenses and Legal and regulatory reforms including introduction of the Mineral rights boa rd 
have helped streamline licencing and permitting procedures for both large 
scale and small - scale operators. The process is now very transparent, 
predictable and efficient.   WT/TPR/M/384/Add.1  
 
- 96 - WTO Member  Questions  Responses  
permits are granted by the Cabinet Secretary, upon 
recommendation by the Mineral Rights Board.  
 
Have the changes to Kenya 's mining legislation in 2016 and the 
establishment of the Mineral Rights Board helped to streamline the 
licensing and permits system?  Are any further changes expected in 
the future?  The Mining cadastre portal compliments the work of the Mineral Rights Board 
in this regard. There are planned upgrades to the said mining cadastre portal 
to include additional online modules for an even more efficient licencing and 
permitting regime.  
Page 160, Paragraph 4.90  
 
The report states that recent oil discoveries increased t he urgency 
of an updated legal framework, prompting the launch of a revision 
process in 2012.  It states that the Petroleum (Exploration, 
Development and Production) Bill was introduced into Parliament 
in January 2018, and the bill is with the Senate awaiti ng third 
reading.  
 
Can Kenya provide an update on the process and timelines for the 
Petroleum (Exploration, Development and Production) Bill, which 
was introduced to Parliament in January 2018?  The Petroleum Bill has been signed into law by H.E. The presi dent. The 
petroleum law will provide a framework for contracting, exploring, developing 
and producing the commodity.  
RWANDA  
 
Page 187, Paragraph 1.10  
 
The report describes Rwanda 's measures to broaden the tax base, 
including adjusting excise duty rates and amending the income tax 
law to address gaps in, inter alia, transfer pricing rules.  
 
Could Rwanda provide details on the changes implemented to 
broaden its tax system?  
 
What assistance is available to investors to enable them navigate  
the tax system in  light of these changes?  • Measures to broaden the tax base includes: adjusting excise duty rates; 
and amending the income tax law to address gaps in, inter alia, transfer 
pricing rules, the preconditions for participation in public tenders, and the 
treatmen t of liberal professionals and consultants.  
•  
•  
The incentives offered to investors as provided in the Annex 1 of the Law 
No. 06/2015 of 28/03/2015 relating  to investment promotion and facilitation , 
from page 27 to 36  have not been affected by those changes made to broaden 
Rwanda tax base  
Page 195, Paragraph 2.18  
 
The report states that registered investors are entitled to a 
residency permit in accordance with immigration laws.  
 
How does Rwanda ensure its official visa list reflects emerging 
needs?  
 
What is  Rwanda 's position on amending its immigration laws to 
provide for longer -term stays for foreign investors?  
 Rwanda 's laws provide  for amendments. The implementation process can 
always inform a revision process and through consultations whenever needs 
arise; there is always a room to find solutions.   WT/TPR/M/384/Add.1  
 
- 97 - WTO Member  Questions  Responses  
Page 193, Paragraph 2.7  
 
The report states that Rwanda's National Trade Policy has not been 
updated since its adoption in 2010 and that a review of the Policy 
is ongoing.  
 
Does Rwanda have plans to update its National Trade Policy?  • The Ministry is planning to review Rwanda 's Trade Policy to align it with 
some changes that have been happe ning in Rwanda and at regional level. Its 
review is planned during the fiscal year 2019/2020.  
 
Page 198, Paragraph 3.8  
 
The report states that the 2019 World Bank Doing Business survey 
ranks Rwanda 88th of 190 economies on the trading across 
borders indicator. On average, importing merchandise into Rwanda 
is estimated to require 74 hours and USD 282 for "border 
compliance", and 48 hours and USD 121 for "documentary 
compliance". On exportation, the corresponding figures are 83 
hours and USD 183, and 30  hours and USD 110 respectively.  
 
What steps is the government taking to reduce the burden of 
import and export regulations on foreign investors?  In order to Reduce the time taken to import and export - in terms of border 
time and documentary compliance the  following steps have been taken by the 
Government of Rwanda :  
• Implement risk-based  clearance of goods in category HS 09;  
• Enhance automation of cross border trade by incorporating clearing 
agents and National Agriculture Export Board  in the electronic single 
window system;  
• Establish dedicated and stable distribution and monitoring system to 
reduce power outages at border posts;  
• Reduce system downtime at border posts to a maximum of 10 
minutes per downtime;  
 
Page 212, Paragraph 3.86  
 
The report describes various legislation dealing with corruption and 
the ethical behaviour of civil servants.  
 
How effective has its anti -corruption framework been in stamping 
out corruption and promoting ethical behaviour?  Are any further 
legislative or policy changes planned?  
 • The new law n° 54/2018 of 13/08/2018 on fighting against corruption is 
in force. The purpose of the law is to promote integrity, transparency and 
accountability in society.  The law against corruption, especially in Article 1, 
aims at preventing and punishing corruption in public bodies, private entities, 
civil society and international organizations operating or wishing to operate in 
Rwanda. The article 3 enunciates a string of preventive mechanisms against 
corruption: "to carry out activities in transparency; submit a report to the 
relevant authorities; ensure that there is no corruption practices within it; 
present activities that were performed in the prevention and against  
corruption upon request by a competent organ; have a document describing 
modalities and timeframe for decision making; collaborate with other 
institutions in line with the required timeframe while presenting the activities 
performed or providing any infor mation requested by another institution; and 
ensure equal treatment of clients and timely delivery of services. The 
Ombudsman Office has the responsibility to prescribe administrative sanctions 
against the leader of any organ who fails to comply with the p receding 
mechanisms.  
TANZANIA  
 
Page 264, Paragraph 2.43  
 
The report states that, in 2018, Tanzania ranked 137th in the 
World Bank's Ease of Doing Business rankings and was 15th 
among sub -Saharan African countries. Tanzania's position has 
gradually deteriorated over the review period; Tanzania was 
ranked 127th in 2012.  The Government has recognized this Some efforts are being taken by the Government to improve ease of doing 
business. These include the following:  
 
(i) Export and Import procedures and requirements are easily available in 
Tanzania Revenue Authority website and in websites o f other 
government departments and in the Trade Information Portal/Module;  
(ii) Freedom of transit is offered;  
(iii) Ongoing various infrastructures developments to support trade including 
power projects; and   WT/TPR/M/384/Add.1  
 
- 98 - WTO Member  Questions  Responses  
situation and has identified four areas in particular for 
improvement - business licensing, land reforms, registration of 
businesses, and registratio n of persons.  
 
What steps is Tanzania be taking to improve its ease of doing 
business ranking?  
 
Could Tanzania provide more information on any initiatives 
underway or planned to improve business licensing, land reforms, 
registration of businesses, and regi stration of persons?  
 (iv) BLUEPRINT implementation to address specific concerns by the private 
sector to further enhance and improve business environment in the 
country.  
 
We have established the National Committee on Trade Facilitation to oversee 
the implementation of trade facilitation issues in the country.  
 
FROM ZANZIBAR  
In improving ease of doing business ranking several steps has been taken. 
These includes:  
(i) Establishment of electronic registration process to ease the process of 
business startup. In this process business registration application can be 
done online. Thus, the application procedures have been reduced from 
10 steps to 3;  
(ii) Reform of business licensing regime, whereby an entity (Business 
licensing Reform Council – BLRC) has been established to simplify and 
streamlining licensing procedures and eliminate unnecessary steps and 
time-consuming procedures in obtaining licenses. The entity has set 
guidelines of procedures or steps to be followed by all licensing 
Authorities. Under these guideline s the procedures and steps of licensing 
application has been reduced from 10 -20 up to from 1 – 7; and  
(iii) Strengthening one stop centre in processing application of investment 
certificate.  
 
However, there are plans for every licensing Authority to establish onl ine 
licensing application and e - payment system. To reduce administrative 
burdens in the application of license.  
 
Also, there is program underway of establishment of one window clearance at 
the port that aim at the compilation of all documents required at the entry 
point during the process of exportations and importation of goods. This will 
reduce number of documents required and time.  
Page 310, Paragraphs 4.68 and 4.69  
 
The report describes policy changes made by Tanzania towards the 
mining sector, such as the Government 's power to render existing 
mining contracts null and void, increased royalty tax rates, the 
holding of the country 's national resources in trust by the 
President, the review of existing natural resource contracts and the 
adjudication of i nvestment disputes in domestic courts.  The report 
also describes changes made by the Local Content Regulations 
2018.  
 
Australia commends Tanzania for changes recently made to its 
Local Content Regulations 2018.  Does Tanzania intend to amend  
TBD  WT/TPR/M/384/Add.1  
 
- 99 - WTO Member  Questions  Responses  
other regulations under the Mining Act to ensure compatibility with 
the legal and commercial requirements that typically apply to 
project debt financing for foreign investors?  
Could Tanzania provide clarity on how it intends to deal with 
existing retentio n licences?  
 The amendments made to the Mining Act Cap 123 in 2017 repealed sections 
37 and 38 which provided for the retention licences. All repealed retention 
Licences were reverted to the Government. The Government may assign them 
to any person as it ma y deem appropriate.  
Could Tanzania clarify how it intends to assess the level of free 
carried interest for any given mining project, and how this works in 
practice?  
 • Government acquisition of 16% free carried interest is a legal requirement 
under Section 10 of the Mining Act, 2010 as amended by the written Laws 
(Miscellaneous Amendment) Act No. 7 of 2017. The Government is 
required to have not less than 16% non dilutab le free carried interest 
shares in the capital of a mining company conduction Mining, operations 
under a Mining licence or a special Mining licence. The Government is 
further entitled to acquire up to 50% of the Mining company resulting from 
the total expe nditure incurred by the Government in favour of the Mining 
Company.  
 
• It should be clearly understood that, the minimum non -negotiable shares 
to be acquired by the Government shall be 16%. Note that, the 
Government, in this regard, shall acquire up to a tot al of 50% share. 
However, the amount of share to be acquired by the Government shall 
depend on the type of minerals and the level of investment as shall be 
determined by the total value of the expenditure incurred by the 
Government in favour of the mining Company.  
 
• This is intended to bring a win -win situation in the mining extractive 
industry. Therefore, investors are encouraged to calculate their returns to 
the Government while bearing this in their mind.  
 
• The Government is underway to issue directives on  how the same shall be 
implemented.  
Page 312, Paragraph 4.76  
 
The report states that Tanzania 's export ban on gold and copper 
mineral concentrates has caused Tanzania 's mineral ore exports to 
decline from 16% to 2%.  
 
Does Tanzania anticipate lifting this  export ban in the future?  What 
plans are in place to develop Tanzania 's onshore processing 
capacity for its minerals?  
 • On 25th January 2019, the Government of Tanzania issued the guidelines 
on mineral value addition. Those guidelines are known as THE MINI NG 
(MINERAL VALUE ADDITION) GUIDELINES, 2019. These guidelines clarify 
stage of beneficiations for each category of minerals before being exported. 
According to the guidelines, gold dore, and copperdore are allowed for 
export. The ban on export of gold and  copper concentrates is to allow for 
local processing of the gold dore and copper dore stages. Therefore, lifting 
up of the ban is not anticipated.  
 
• Tanzania is encouraging the development of mineral processing industries. 
This include, among other, the es tablishment of smelters and refineries for 
metallic minerals. In small scale mining, the Government has constructed 
three demonstrations centres to promote construction of such industries by 
small scale miners.   WT/TPR/M/384/Add.1  
 
- 100 - WTO Member  Questions  Responses  
Uganda  
 
Page 367, Paragraphs 2.19 -2.19 
 
The report states that, pursuant to Section 13 of the Investment 
Code, foreign investors may be subject to a number of 
performance obligations (not imposed on national counterparts) as 
a condition for granting an investment licence. These include 
foreign exch ange earnings, staff training and local employment, 
technological transfer, contribution to socio -economic 
development, and other obligations that the UIA may consider 
relevant for meeting the objectives of the Investment Code (e.g. 
investment size and env ironmental protection).  
 
It states that, similarly, under the Petroleum Exploration, 
Development and Production Act, 2013 and the Petroleum 
Refining, Conversion, Transmission and Midstream Storage Act, 
2013, investors are required to contribute to the crea tion of a local 
skilled workforce. The Uganda Investment Act does not specify 
mandatory numbers for local employment in management 
positions. According to the authorities, no performance appraisal 
regarding this matter has been carried out since the mid -1990s. 
 
To encourage foreign investors to enter the Ugandan market, 
might Uganda consider reviewing its legislation to reduce 
obligations on foreign investors?  The recent Investment Code Act, 2019 provides incentives to foreign investors 
that meet the qualif ication requirements under the law.  
 
INDONESIA  Government Report  
 
What is the outlook for EAC to enter trade agreements with 
countries and trading blocs outside African continents and its 
traditional trading partners?  
 The EAC Partner States consider trade and investment agreements as 
important instruments for deepening the trade and investment relationship 
among themselves and other trading partners. The increasing relationship 
between EAC Partner States and key emerging economies has the potential to  
create opportunities for the region 's development. EAC has also received 
requests from Turkey, China and Singapore to negotiate FTA Agreements.  
 
Consequently, EAC is undertaking an assessment on the implications of EAC 
negotiating Free Trade Area Agreemen ts with selected third Parties, such as 
the United States; Turkey; China; India; Brazil; Singapore; EFTA States; and 
the GCC  
What are the scopes and area of cooperation for EAC member 
countries to enter bilateral trade agreement with other countries? 
(terms and restriction within EAC Protocol)  
 As a Customs Union and Common Market, EAC Partner States are obliged to 
coordinate their trade relations with third Parties and to adopt common 
principles in particular in relation to: tariff rates; conclusion of tariff and trade 
agreements; the achievements of uniformity of measures of liberalization; 
export promotion strategies; and trade remedies. The EAC Summit of 2002, 
Article 37 of the Customs Union Protocol and Article 37 of the Common Market 
Protocol attest  to this.   WT/TPR/M/384/Add.1  
 
- 101 - WTO Member  Questions  Responses  
Article 37 (4a) of the Customs Union Protocol states that a Partner State may 
separately conclude or amend a trade agreement with a foreign country 
provided that the terms of such an agreement or amendments are  not in 
conflict  with the provisions  of the protocol. The paragraph also describes the 
process whereby a Partner State intends to conclude or amend such an 
agreement, i.e.  a Partner State that intends to negotiate such agreement with 
a foreign country should send its proposed agreement or am endment to the 
EAC Secretariat for other Partner States to make comments and proposals 
that will be considered by the Council of Ministers within a period of sixty 
days.  
 
In the foregoing, FTAs separately would jeopardize the implementation of the 
CU Proto col. However, Trade cooperation agreements that do not have 
implications on tariff rates, etc. could be concluded individually, following the 
process in Article 37 para 4., which involves authorization from the Council.  
Looking at the latest development within the internal dynamic in 
EAC to finalize the Economic Partnership Agreement with European 
Union, what are the main concerns from the remaining members 
of the EAC for reviewing its stance on EPA with EU?  The concerns relate to the effects of EPA on EA C industrial development; the 
effect of EU subsidies and domestic support on EAC farmers; potential revenue 
losses, sanctions.  
Secretariat Report  
 
Page 6 para 10  
 
Customs procedures are carried out by licensed customs clearing 
agents. Pre -shipment or destination inspections for customs 
valuation purposes are not required in any EAC country. However, 
pre-shipment inspection for conformity assessment purposes is 
required for certain goods in Burundi and Kenya. Although some 
customs procedures and documen tation requirements continue to 
be country -specific, and national customs continue to use different 
computer systems, noticeable progress has been made towards 
full harmonization, in accordance with the provisions of the EAC 
Customs Management Act, 2004 (a s amended in 2009), and the 
EAC Customs Management Regulations, 2010.  
 
What are the scopes of pre -shipment for conformity assessment 
within the EAC and its application within its member states?   
Page 27 para 3.29  
 
Agriculture remains the most tariff -protected sector: the average 
applied tariff on agricultural products (WTO definition) is 20.7%, 
whereas the corresponding average for non -agricultural products 
stands at 11.7% (Table 3.2 and Table 3.3). Animals and anim al 
products, cereals, sugar, beverages, dairy products, fish products, 
fruits and vegetables, and clothing are the product groups with Textile and cloth ing are among sensitive items with a duty higher than the 
maximum rate of 25%.  
 
For other items i.e. wood, pulp, paper and furniture, it was established that 
the region has sufficient capacity to produce the items. Therefore,  high import 
duties are imposed as a temporary measure to protect local industries from 
cheap imports and curb undervaluation, awaiting conclusion of the CET 
review.   WT/TPR/M/384/Add.1  
 
- 102 - WTO Member  Questions  Responses  
high import duties of over 20%. Furthermore, some product 
groups such as sugar, chemicals, non -electric machinery, 
petrol eum, and transport equipment display higher coefficients of 
variation, implying larger tariff dispersion within these product 
categories.  
 
We understand the reason of high tariff of agricultural products as 
agriculture is the key driver of the economies of  the EAC countries. 
However,  EAC also imposes high import duties for non -agricultural 
products, such as fish and fisheries products, textiles, clothing, 
and wood, pulp, paper and furniture, could EAC gives brief 
background on this issue?  
Page 30 para 3.37  
 
Moreover, EAC members are allowed to eliminate, reduce, or 
sometimes increase tariffs, for a temporary period, on both 
sensitive and non -sensitive products, through concession schemes 
such as the "stay application" scheme and the "duty remission" 
scheme.  
 
How does EAC try to reconcile the unpredictability and differences 
on tariff applied by its member states?  
 
Is there existing mechanism within the EAC for outside entities to 
review its members ' tariff policy?  The concessions granted are vetted and monitored by duty remission 
committees in the respective Partner States. The  Secretariat publishes legal 
notices containing council decisions on granted concessions.  
 
The Secretariat may undertake verifications to ascertain utilisation of 
concession under the schemes.  
Page 36 para 3.71  
 
EAC countries experience some challenges in the harmonization of 
their regimes on standards and technical regulations, particularly 
with regards to the mutual recognition of inspection certificates. 
This forces traders to undergo repeated certification tests within 
the region. The priority in the  harmonization process is based on 
goods traded in the region.  
 
What are the main challenges for EAC member countries to 
harmonize their regime of standards and what are the efforts to 
address those challenges?  
 
What are the mechanisms for foreign companie s to settle 
differences in standard requirements of import goods within the 
EAC or its member states?  Main challenge is the multiple regulatory requirements by different regulatory 
authorities in each Partner State.  
 
This has been more in the Processed Food and Cosmetic sectors  
 
Challenge identified given the NTBs and plans ongoing to develop guidelines / 
regulatory framework to guide the trade of food and cosmetic products based 
on the principles of harmonization, equivalence and mutual recognition.   WT/TPR/M/384/Add.1  
 
- 103 - WTO Member  Questions  Responses  
KOREA , REP. 
OF Page 275 (Para 3.1.7)  
Tanzania has certain local content rules that apply to certain 
sectors of its economy, mainly in the extractive sectors. The 
relevant laws and regulations have been strengthened during the 
review period to increase loca l content requirements, require 
technology transfer, or otherwise put conditions on foreign 
operations, e.g. to use domestic banks, insurers, and service 
providers. According to the authorities, the National Economic 
Empowerment Council(NEEC) is the coordi nator, supervisor, and 
facilitator, and monitors local content implementation measures  
 
The Republic of Korea wishes to raise its concerns regarding 
Tanzania 's recently strengthened 'local content rules ', the 
application of which appears to constitute impo rt restrictions. In 
addition to the extractive sectors where local content requirements 
are articulated in laws and regulations, there are several items 
across various sectors where foreign companies are not allowed to 
export due to relevant Government ord ers or tender requirements.  The local content law does not provide restrictions on importation. In contrast, 
the law requires is local companies to be given preference if they can supply 
the goods or services required. If the local companies do not have th e 
capacity to supply, then a foreign company should enter into a joint venture 
with a local company.  
 
In the case it is impossible to get a local company to enter into a joint 
venture, the contractor should request for permission to procure from a 
foreign company subject to certain conditions. Read Section 219 of the 
Petroleum Act of 2015 and the Petroleum regulation (local content) 
Regulations of 2017.  
Page 335 (Para 4.137)  
Tourism is a non -Union matter; thus, policies and laws differ for 
the Mainland and Zanzibar … In January 2018, the Ministry of 
Natural Resources and Tourism made changes to the licensing 
structure and associated fees for tour operators, in order to make 
it less costly for local small compani es to operate, while at the 
same time increasing the fee for large foreign operators. (For 
foreign tour operators with a fleet size greater than 30 vehicles, 
the fee was increased from USD 5,000 to USD 7,500 per year and, 
if over 50 vehicles, it was furthe r increased to USD 10,000. For 
local operators, the fee was reduced for small operations with 1 -3 
vehicles, to USD 500 from USD 2,000; it remains the same for 
operators with 4 -10 vehicles, at USD 2,000; and increases to 
USD 3,000 for those with 11 -50 vehic les, and to USD 5,000 for 
those with more than 51 vehicles. Foreign tour operators with less 
than 10 vehicles are prohibited  
 
Could the Tanzanian government explain why it has changed the 
licensing structure and associated fees for tour operators, making 
it less costly for local companies while increasing the fee for 
foreign operators? In particular, the Republic of Korea would like to 
know why Tanzania has prohibited small foreign companies with 
less than 9 fleets to be tour operators.   
Page 378 (Para 3.72)  
3.72. The UNBS conducts market surveillance. Where necessary, it 
draws samples of the product for laboratory testing. Testing 
charges are imposed if samples are drawn for laboratory analysis. In respect of imports, Ugand a National Bureau of Standards (UNBS) is 
mandated to inspect imports under Section 21(1) of the UNBS Act which 
provides that no person shall import, distribute, manufacture, sell or have in 
his or her possession or control for sale or distribution any comm odity for  WT/TPR/M/384/Add.1  
 
- 104 - WTO Member  Questions  Responses  
If the product does not meet the critical minimum requirem ents 
for health, safety, and performance, as set out in the relevant 
Ugandan Standard, the product is prohibited from entry on those 
grounds and seized for destruction or re -exportation at the 
importer's expense.  
 
Could the Ugandan government explain in de tail the circumstances 
under which the UNBS (Uganda National Bureau of Standards) is 
authorized to seize and dispose of goods?  
 
What legal recourses are available to the affected exporter if they 
wish to reverse the decision?  
 which a compulsory standard specification has been declared unless the 
commodity conforms to the compulsory standard specification.  
 
In addition, Section 7 of the Uganda National Bureau of Standards (Inspection 
and Clearance of Imports) Regulatio ns, 2018, provides that where the 
inspector determines that the commodities which are subjected to destination 
inspection do not conform to the compulsory standard specification, the 
inspector shall notify the relevant authorities and may refuse entry of t he 
commodities into Uganda, or issue a notice to the importer to destroy or re -
export the commodities. Furthermore, Section 13 of the Uganda National 
Bureau of Standards (Inspection and Clearance of Imports) Regulations, 2018 
provides that where a notice t o destroy or re -export commodities is issued, 
the commodities shall within fourteen working days of the notice to destroy or 
re-export and at the expense of the importer; be destroyed, where the 
commodities do not pose a significant risk to the environment ; or be re -
exported to the country from which they were imported from, where the 
commodities pose a significant risk to the environment. The commodities for 
re-export shall not be re -exported to another country other than the country 
from which they were i mported from. The destruction of the commodities for 
which a notice to destroy is issued is done in accordance with the applicable 
national laws.  
 
Page 392 (Para 4.544.2.1. Mining)  
4.54. On average, mining contributes about 0.7% to the economy. 
Over the period under review, production volumes of non -metallic 
minerals such as limestone, pozollana, and kaolin gradually 
increased, while production of metallic minerals fluctuated (Table 
4.7). It seems that mineral exports continued to decline, except 
for gold.  
 
Does Uganda have a mechanism for ensuring that exported gold 
marked as Ugandan origin has actually originated from Uganda?  
 
What is the Ugandan government 's position on the report recently 
published by the Auditor -General Office of Uganda which 
discovered that some gold exported from Uganda did not possess 
the legitimate licenses as required by the Mining Act of Uganda?  
 
 
 
 
 
What are the Ugandan government 's plans to ensure that onl y 
entities with legitimate export licenses can export gold through 
customs?  The sector has undergone streamlining and regulatory review and efforts have 
seen the setting up the African Gold refinery and artisan minors have 
streamlined operations. As a resu lt, there 's increased production and 
processing. Furthermore, there 's a regional mechanism under Great Lakes 
countries that we endeavor to abide with.  
 
 
 
 
The Auditor General 's reports are submitted to Parliament in accordance to the 
constitution of Uganda . Any such issues that may have been raised are 
responded to by Government during consultation by the relevant committees. 
This has not yet happened and therefore the content of the report should not 
be treated as gospel truth. We have right control on min eral exports, including 
gold. If at the time of interacting with Parliament, there are loopholes as 
reported by the Auditor General, Government will remain committed to 
plugging such loopholes.  
 
Any Gold exported is legitimate.  
  WT/TPR/M/384/Add.1  
 
- 105 - WTO Member  Questions  Responses  
TURKEY  THE GOVERNMENT REPORT  
2.1.3 Balance of Payment, pg. 5, 2.15  
 
It is stated in the EAC Report that  "There has been a slight ease in 
the current deficit for Tanzania and Rwanda over the period from 
USD 4.9 billion in 2013 to USD 2 billion in 2016 and USD 1.3 
billion in 2016  to USD 760 million in 2017 respectively. The 
improvement in the current account deficit for Rwanda to USD 760 
billion from a deficit of USD 1.3 billion recorded in 2016, was due 
to a positive variation in trade balance where exports and imports 
variation were respectively 44.5% and negative 5.6% in 2017. "  
 
Current account deficit of Rwanda in 2017 is written as 
USD 760 billion. Should the current account deficit be USD 760 
million instead of 760 billion?  The current account deficit of Rwanda in 2017 was 760 million.  
2.2.1 Intra -EAC trade, pg. 7, 2.25  
 
It is stated in the EAC Report that "EAC's top priorities to enhance 
intra-EAC trade and deepen integration in its medium -term policy 
framework, among others:  
consolidation of the Single Customs Territory  (SCT) to cover all 
imports and intra -EAC traded goods including agricultural and 
other widely consumed products;  
infrastructure development in the region;  
enhancing free movement of all Factors of Production and other 
areas of cooperation across the Partn er States as envisaged under 
the Common Market and Monetary Union Protocols.  
enhancement of regional industrial development through 
investment in key priority sectors, skills development, 
technological advancement and innovation to stimulate economic 
devel opment;  
improvement of agricultural productivity, value addition and 
facilitation of movement of agricultural goods to enhance food 
security in the region. " 
 
Could the EAC provide more detailed information regarding the key 
priority sectors that the EAC ai ms to enhance regional industrial 
development? Which specific sectors, for example, will the EAC 
prioritize in the medium -term?     
Secretariat Report  
1.2 Recent Economic Developments, pg. 10  
 
Could the EAC provide information on the labor market situation in 
its member countries?    WT/TPR/M/384/Add.1  
 
- 106 - WTO Member  Questions  Responses  
2. Trade and Investment Regimes, General Framework, pg.  16, 
2.5 
It is stated in the Secretariat Report that "In matter related to 
trade with third parties, EAC countries negotiate in principle as a 
bloc. Under the Cust oms Union Protocol, a member may separately 
negotiate bilateral trade agreements, subject to notification to the 
other members. Such agreements should not conflict with the 
provisions of the Customs Protocol. In principle, pursuant to the 
Negotiations Act,  2007, negotiations are led by a Joint Trade 
Negotiations Commission. However, according to the authorities, 
the Act has never been operationalized. In 2014, the AEC Trade 
Negotiations (Repeal) Bill, 2014 was drafted by the Sectoral 
Council on Legal and Ju dicial Affairs and submitted to the EALA for 
deliberations. In 2018, the Repeal Bill was referred to the 
Committee on Communication, Trade and Investment. "  
Could EAC explain more in detail the mechanisms set, if any, to 
reconcile the goals of a single member and provisions of the 
Customs Protocol in bilateral trade negotiations pursued by that 
member state and how does the notification mechanism operate to 
maintain the smooth functioning of the Customs Union?   
ANNEX 1 BURUNDI  
 
1.2 Recent economic deve lopments, pg. 59, para. 1.13  
 
It is mentioned in the report that "Structural and macroeconomic 
reforms were introduced under the programme supported by the 
Extended Credit Facility (ECF) agreed with the IMF in January 
2012. The main emphasis was placed on public debt sustainability 
and the mobilization of domestic revenue by continuing to reform 
tax administration, more specifically by streamlining procedures, 
introducing a flexible tax regime, broadening the tax base, 
decentralizing and modernizing tax col lection structures, and 
bringing the tax system into line with the regulations of the East 
African Community (EAC).  
 
Could Burundi kindly provide information about the expected 
impacts of these reforms on the economy?   
ANNEX 2 KENYA  
 
1.3 Developments in  Trade and Investment, pg. 116, para. 1.18  
 
It is stated in the Secretariat Report that "Kenya is a net exporter 
of services, owing to its tourism and air transportation subsectors. 
The surplus in trade in services increased to a peak of KES 251.9 
billion in 2013, before declining in the following years. However, at   WT/TPR/M/384/Add.1  
 
- 107 - WTO Member  Questions  Responses  
18.5% of GDP, the services surplus is relatively high. Travel and 
tourism recorded robust growth over the past three years thanks 
to improvements in infrastructure and security conditions. "  
 
Is there any study that calculates the interaction between the 
robust growth of travel and tourism and the improvements in 
infrastructure and security conditions?  
ANNEX 3 RWANDA  
3.3 Measures Affecting Production and Trade, pp. 204 -205, para. 
3.46 
It is mentioned in the report that "Rwanda has been implementing 
a Special Economic Zones (SEZ) programme aimed at fostering 
private sector investment, employment and income generation, 
economic diversification and the development of secondary 
economic cen tres. SEZs do not offer any fiscal incentives beyond 
those set out in Rwanda's Investment Code but  are intended to 
provide their users (resident companies) a streamlined framework 
for doing business, including access to reliable infrastructure and 
utilities, and an on -site one -stop centre (OSC). SEZs may also host 
EPZs (Section 3.2.4) and industrial/se ctor-specific parks. While 
labour and management relations in SEZs are generally governed 
by Rwanda's labour legislation, zone -specific labour conditions may 
be determined by ministerial order ." 
 
Is there any qualitative analysis to calculate the overall i mpact of 
Special Economic Zones (SEZ) programme especially on foreign 
trade? If yes, could Rwanda kindly provide further information 
about these analyses?   
ANNEX 4 TANZANIA  
 
2.2 Trade Policy Formulation and Objectives, pg . 255, para. 2.10  
 
It is mention ed in the report that "Tanzania implemented the 
Tanzania Trade Integration Strategy, 2009 -13, to strengthen trade 
sector development and identify development needs and priorities 
within the Tanzanian trade sector. An export strategy was also 
developed in 2 009 for the period 2010 -14, in order to support 
export -led growth and to build upon the National Trade Policy. The 
policy targeted a number of priority sectors, including agriculture, 
tourism, mining, and forestry and bee -keeping, to increase export 
compet itiveness and boost exports. A separate Export 
Development Strategy was developed for Zanzibar. According to 
the authorities, both strategies continue to guide Tanzania in their 
respective areas. "   WT/TPR/M/384/Add.1  
 
- 108 - WTO Member  Questions  Responses  
Could Tanzania kindly provide further information about the 
above -mentioned  strategies? Are there any targets determined for 
exports and import value under this strategy? Did Tanzania 
achieve these targets?  
ANNEX 5 UGANDA  
1.2 Recent Economic Developments, pg. 357 -358, para. 1.5  
It is stated in the Secretariat Report that "The Ugandan economy 
continued expanding during the 2011 -17 period, with real GDP 
growth averaging 4.5% per year. Over the same period, per capita 
GDP increased from USD 732 t o USD 773 in real term. According 
to the authorities, Uganda envisions graduating from LDC to a 
lower middle -income country by 2020, and to an upper middle -
income country by 2040. Economic growth slowed to an annual 
rate of 2.6% in 2016, due to drought tha t adversely affected 
agricultural production and agro -processing; the spillover from 
regional conflict also had a negative impact on growth. With 
weather conditions improving, the GDP annual growth rate 
bounced back to 5.1% in 2017. "  
 
Is there any qualita tive analysis that calculates the impact of the 
drought and the spillover from regional conflict on foreign trade? If 
yes, could Uganda kindly provide further information about the 
impact of the afore  mentioned issues on the foreign trade?   
CHINA 
(follow -up 
questions)  
 
 
 
 Questions based on Report by the Secretariat 
(WT/TPR/S/384 -01) 
Page 10, para 1.4  
"The EAC aims at "a prosperous, competitive, secure and politically 
united" region, through the successive establishment of a customs 
union, a common  market, and a monetary union.3 This vision is 
operationalized through five -year development strategies. During 
the review period, the implementation of the 4th EAC Development 
Strategy focused on the consolidation of the customs union and 
the establishmen t of the common market. "  
Page 17, para 2.13  
"2.13. In November 2013, EAC members took a step further with 
the signing of the Protocol on the Establishment of the EAC 
Monetary Union (MU Protocol), which entered into force in 2014. 
The Protocol lays out the  framework for the harmonization of 
monetary and fiscal policies, with a view to converging toward a 
single currency within ten years. " 
Please give a brief introduction on the development and progress 
toward a fully implemented customs union, a common market and 
Monetary Union.    WT/TPR/M/384/Add.1  
 
- 109 - WTO Member  Questions  Responses  
Page 18, para 2.20  
"EAC countries are engaged in the establishment of a tripartite 
free trade area (FTA) involving members of the Common Market 
for Eastern and Southern Africa (COMESA) and the South African 
Development Communi ty (SADC) (COMESA -EAC-SADC Tripartite 
FTA). The FTA covers 26 African countries that account for about 
57% of the continent's population and 58% of its GDP. It is part of 
an overarching project aimed at establishing a continental FTA, 
and ultimately the Af rican Economic Community. " 
Page 20, para 2.30  
"2.30. All EAC countries are members of the African Union (AU). 
Negotiations for the African Continental Free Trade Area (AfCFTA) 
were launched in June 2015, and a consolidated text (the Protocol 
on Trade in Go ods; the Protocol on Trade in Services; the Protocol 
on Rules; and the Procedures on the Settlement of Disputes) was 
adopted in March 2018. As at August 2018, 49 Member States had 
signed the AfCFTA, and 6, including Kenya and Rwanda, had 
ratified it. " 
 
How to describe the relationship between Tripartite FTA and 
AfCFTA? Are they being negotiated parallelly?  
 
If a third country negotiate trade agreement with the EAC or a EAC 
member, how to deal with the relationship between the new FTA 
agreement and AfCFTA ? Will AfCFTA exert any influence or 
restraint on this kind of bilateral FTAs?  
 
Are the two objectives, i.e. pushing forward the establishment of 
AfCFTA and aiming at the establishment of a customs union, a 
common market and monetary union in the EAC, bein g pushed 
forward parallelly and simultaneously?   
Page 23, para 3.9  
"The establishment of one -stop border posts is another key step in 
the operationalization of the customs union. The EAC One -Stop 
Border Posts Act was enacted in 2016 and provides for the 
establishment and implementation of one -stop border posts at 
common borders. The objective is to improve the efficiency of the 
movement of goods, persons and services within the Community. 
About 15 posts have been designated as one -stop border posts. 
Borde r controls in these posts continue to be carried out according 
to national laws. However, officers are encouraged to proceed to 
simultaneous processing of documents, joint inspections and 
verifications. Although the legislation has not yet entered into 
force, countries have been operating these border posts based on 
bilateral agreements that are consistent with the legislation.   WT/TPR/M/384/Add.1  
 
- 110 - WTO Member  Questions  Responses  
According to the authorities, ten one -stop border posts are 
functional. The major challenge is interconnectivity between the 
respec tive systems of the Partner States.  
 
Please detail how one -stop border posts operate.  
EUROPEAN 
UNION  
(follow -up 
questions)  Annex 1 Burundi  
 
EU initial question No 36 :  
The EU would like to know what are the measures that are under 
consideration, if any, by the government regarding the enhanced 
profitability of the coffee and tea –production sector given that 
coffee is one of the main sources of exports earnings?  
 
Answer : not yet received.  
EU follow -up question : The coffee and tea sectors are important 
sources of exports earnings in Burundi. Through the programme 
MARKUP, the EU supports the quality infrastructure 
(standardization, inspection, analysis, certification services) to 
enable the country to comply with sanitary and phytosanitary 
(SPS) measure a nd eventually increase export. The sector is 
however very vulnerable to climate change (floods, droughts). 
Could Burundi clarify how it plans to enhance the profitability of 
the coffee and tea sectors taking the quality infrastructure into 
account?  As the European Union observes, Burundi has potential for export 
development in the sub -sectors of coffee and tea. For coffee the challenges 
thus raised are very true.  
 
As a solution to the problem of improving the profitability of coffee and 
countering the chall enges facing this coffee crop, the Government has signed 
an agreement with the World Bank for the implementation of a Sector 
Competitiveness Support Project. Coffee (2017 -2023). This project is facing 
the challenges on coffee that concern, among others, th e renewal of old coffee 
trees, the supply of fertilizers, quality control, strengthening skills and 
capacities in this sector, etc . ... 
Through the MARKUP program, the EU supports quality infrastructure 
(standardization, inspection, analysis and certificat ion services) to enable the 
country to comply with sanitary and phytosanitary (SPS) measures and term, 
to increase exports. The sector is, however, very vulnerable to climate change 
(floods, droughts).  
 
Thus, Burundi hopes to improve the profitability of t he coffee and tea sectors 
with these and others that it will seek in addition.  
Annex 2 Kenya  
 
EU initial question No 55 :  
While Kenya 's Northern Corridor is a major route for cargos in 
transit, it is also a major route for cargos entering Kenya as a final 
destination. Could Kenya elaborate how it plans to further 
automatize and speed up customs clearance and customs controls 
in Mombasa?  
 
Answer:  
Customs clearance and customs control in Mombasa is fully 
automated.  
EU follow -up question : We refer to the recent letter sent to Kenya 
regarding containers with products from the EU kept at the port of 
Mombasa due to a different on customs valuation. Could Kenya 
clarify how it will take into account the High Court decision 
confirming that prov iding letters of guarantees should allow these 
products to be released? Could Kenya indicate when it will be in a 
position to release these containers?    WT/TPR/M/384/Add.1  
 
- 111 - WTO Member  Questions  Responses  
UNITED 
STATES  
(follow -up 
questions)  In the responses to the second question from the United States, 
only Kenya and Uganda provided responses that they will provide 
the required notification to the Working Party on State Trading 
Enterprises.   
Please provide the responses for the other EAC Members.   
WTO tariff bindings  
Follow -up on page 16:  Please provide information on the 
following:  
1. Please confirm whether or not each EAC member is 
applying a levy or using trade measures to contribute to 
the African Union peacekeeping initiative.  If so, please 
provide details about these levies and/or trade measures.   
 
Annex 1 Burundi  
Intellectual Property Rights  
Follow -up on page 20:  We appreciate that Burundi plans to 
ratify the WPPT by 2020.  
What steps does Burundi plan to take to fully implement the WCT 
and WPPT (together, the "Internet Treaties ")?  
Annex 2 Kenya  
 
Customs  
Follow -up on page 22 : The United States appreciates Kenya 's 
response to its question on the processes and planning for its 
single window, TradeNet system. Kenya noted that several 
government agencies made commitments to specific timelines for 
coope ration under the system with a Memorandum of Cooperation, 
and KenTrade provides statistics tracking progress.  
Please clarify if Kenya 's plan is to include additional stakeholders 
when the TradeNet System is available to the public, or 
alternatively provide  a timeline when Kenya will make it publicly 
available.   
Follow -up on page 23:  The United States appreciates Kenya 's 
response to its question regarding Kenya 's commitments under the 
COMESA FTA.  Kenya noted that Tanzania does not provide 
preferential tariff rates for products from COMESA members, and 
that Kenya and other EAC partner states do not provide 
preferential tariff rates for products from SADC where Tanzania is 
a member.  
Please clarify w hether Tanzania applies different rates of duty on 
products originating from SADC countries than the other EAC 
partner states apply on those same products originating from 
SADC countries.    WT/TPR/M/384/Add.1  
 
- 112 - WTO Member  Questions  Responses  
Please clarify how the EAC applies EAC rules of origin to prevent 
the re -export of products imported to Tanzania originating from 
SADC countries.   
Follow -up on page 26:  The decision for issuing a license to 
collect royalties for authors and publishers of musical works was 
deferred for 2019.  
How are authors and publish ers currently collecting royalties for 
uses of their works?  Has a new Board been constituted?   
Trade Remedies  
Follow -up on page 24:  The United States noted that the Kenya 
Trade Remedies Act of 2017 was published in the Kenya Gazette in 
August 2017 but had not yet been notified to the relevant WTO 
committees on antidumping, subsidies and countervailing 
measures, and safeguards.  The United States asked when Kenya 
plans to notify this legislation to the relevant WTO Committees.  
Kenya indicated it will noti fy the WTO when it establishes its 
administering authority but did not answer our question 
concerning the notification of its trade remedies legislation to the 
WTO.   
When does Kenya plan to notify its trade remedy legislation (i.e., 
the Kenya Trade Remedie s Act of 2017) to the WTO?    
Intellectual Property Rights  
Follow -up on page 26:  Please provide further information on the 
following:  
Why was the decision to issue a license for 2019 deferred?   
When will this decision now be made?  
What are the considerations that must be undertaken, if any, other 
than the composition of the Board?   
Annex 3 Rwanda  
 
Customs  
Follow -up on page 28:  The United States appreciates Rwanda 's 
response providing additional information regarding the Rwanda 
Revenue Authority 's Gold Card Scheme (GCS) established in 2014.  
Rwanda 's responses note that a list of companies approved under 
the program is not yet published.  
Please provide a timeline for when Rwanda intends to publish a list 
of approved companies.    
Intellectual Property Rights  
Follow -up on page 29:  Please provide further information on the 
following:  
For which rights and for which authors and creators were these 
funds collected?   
What are the plans, including the timeline, for distribution of 
royalties from RSAU?    WT/TPR/M/384/Add.1  
 
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REPLIES BY UGANDA  
ICELAND  
On the occasion of the 11th Ministerial Conference in Buenos Aires more than 120 WTO members and 
observers, including Burundi, Kenya Rwanda and Uganda launched a joint declaration on women and 
economic empowerment that aims inter alia at sharing best practices and working together at the WTO 
to remove barriers for women 's economic empowerment and increase their participation in trade. The 
Trade Policy Review provides an excellent opportunity for an exchange of information and best practices 
on women and trade.  
 
The report of the East African Community highlight gender equality as one of the emphasis of Rwanda 's 
guiding policy document, Vision 2020 which now is being developed for providing the vision for 2050. 
Rwanda is a champion for gender equality,  so Iceland would like to ask Rwanda to inform if there are 
particular projects aimed at women 's economic empowerme nt and increasing women 's participation in 
trade. If so, could Rwanda provide information on the content of the projects, the results so far and 
what have been the lessons learned in Rwanda?  
Iceland would like to ask all of the EAC countries the following questions:  
 
 What is the participation of women in the economy in the EAC countries?  
 
Reply:   
Women are key economic actors in Uganda 's trade and agricultural production. They account for 51 per 
cent of the entire population, constitute 39% of the gender wa ge gap in the private sector employment 
and hold 35% of women parliamentary seats. The MasterCard Index of Women 's Entrepreneurship 
(MIWE) report released in March 2018 noted that Uganda has the most entrepreneurial women in the 
world. The report revealed that 34.8 percent of businesses in Uganda are owned by women, making it 
the top performing country in the world.  
The Government of Uganda has made significant social and economic progress in the last two decades, 
in ensuring women empowerment and gender eq uality. The Government Commitment has translated 
in the establishment of national gender mechanisms and revision of its legal and policy framework to 
address gender inequality and violations of women 's rights. Women Socio -economic empowerment is 
recognised  in the Constitution, the National Development Plan 1&2, the national sector policies and 
strategies. Support to women cross border traders under the simplified trade regime and cross border 
trade Association. So far, 18 border markets constructed facilita te women engaged in cross border 
trade. In partnership with EASSI, Government has established a common facility which provides women 
with information on trade and supports them in value addition, including offering various services of 
sorting, weighing, pa ckaging and branding of products.  
 
 Have particular barriers that limit women 's participation in trade been identified?  
 
Reply:  
The Government of Uganda has identified barriers limiting women participation and has developed 
gender sensitive policies, strat egies that empower women entrepreneurs and traders. The challenges 
being addressed include; the limited access to affordable trade finance, lack of collateral and economic 
resources such as land, inadequate business skills, lack of trade information, unpai d burdensome 
domestic work, and cultural attitudes/stereotype that attract women in low paid jobs, including gender 
roles for girls and women that disadvantage their potential to engage in meaningful economic activities.  
 
 C)Have particular measures been pu t in place to encourage women 's participation in trade and 
to promote women 's entrepreneurship, or are such measures being developed?  
 
Reply:  
Uganda has a number of policies and legislation to empower women entrepreneurs and traders. In 
addition, the Gove rnment is providing targeted support to women through the Uganda Women 
Entrepreneurship Programme (UWEP), popularly known as the Women Fund aimed at improving access 
to financial services for women and equipping them with skills for enterprise growth, valu e addition and 
marketing of their products and services. Additional support is needed to uplift women/women 
cooperatives to trade and export beyond the domestic and regional markets.  
Other  program mes include  Operation  wealth  creation,  the Agricultural  Insurance  scheme  that financially 
support women farmers, traders and  entrepreneurs.  
 
 If so, what have been the challenges and best practices of the programmes? What have been the 
results so far?  WT/TPR/M/384/Add.1  
 
- 114 - 
 
Reply:  
The UWEP Programme and other Government targeted programmes have held a number of symposiums 
for financiers and trainings for women SMEs on inclusive finance. These Programmes have elevated the 
uptake of financial services from SMEs. Awareness programmes for women traders and entrepreneur 
have been under taken. However, the programmes and other financial initiatives are confronted with 
the need to develop accessible, affordable and reliable financial products that take into account the 
different business segments. For instance, medium and large enterprises  have business experience and 
credit worthiness and so can afford to access loans with substantial collateral. On the other hand, micro 
and small enterprises do not have collateral to access financial support. This inability hinders their 
business ventures  and growth.  
 
 Are the effects of trade policy on women and men measured and monitored? If so, how?  
 
Reply:  
Uganda 's Trade Policy constitutes one of the key aspects of economic policy with direct impact on the 
livelihood of women, men and children. We per ceive a policy approach that is inclusive of different 
economic actors in society particularly women who play a major role in economic development through 
their support towards various sectors as well as contribution to growth and development of society.  
There is no mechanism to demonstrate the effects of trade policy on women and men. However, in the 
future, Uganda would embark on capturing this data and we look forward to learning  from other WTO 
Members.  WT/TPR/M/384/Add.1  
 
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CANADA  
WTO TRADE POLICY REVIEW OF THE EAST AFRICAN COMMUNITY (EAC)  
SECTION I: QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/384)  
 
Summary: paragraph 9, page 6:  
 
The Secretariat Report notes that under the WTO Trade Facilitation Agreement (TFA), Kenya, Rwanda, 
and Uganda have deposited their instruments of acceptance. All EAC WTO Members have notified their 
Category A commitments. A Regional Trade Facilitation Sub -Committee was established in 2015 to 
coordinate the implementation of the TFA and other trade facilitation measures decided at the regional 
level. EAC countries continue to fulfil their notification obligations at various degrees. However, there 
are several areas where notifications r emain outstanding.  
 
Question:  
1. When do Kenya, Rwanda and Uganda plan to send their outstanding notifications?  
 
Reply:  
Uganda is currently undertaking a study to identify the TFA provisions for categorization under B and C 
and once the study is validated  at the national level, a notification to the WTO will be made. However, 
further analysis on the necessary financial support for B&C measures is desirable.  
  WT/TPR/M/384/Add.1  
 
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UNITED STATES  
Questions based on the Secretariat Report (WT/TPR/S/384), Page 7, Paragraph 18:  
 
The Secretariat 's Report  states  that none of the EAC countries  has notified  a state trading  enterprise to 
the Working Party on State Trading Enterprises, despite having a biennial requirement to do so. Please 
identify when each EAC member will make the requir ed notifications.  
 
Reply:  
In the subsequent weeks after the TPR, Uganda is to notify the WTO of state -trading enterprises within 
the context of Article XVII:4(a) of GATT 1994.  
 
TRADE AND INVESTMENT REGIMES  
2.1 General Framework, Page 16, Paragraph 2.5  
 
Have any members negotiated bilateral trade agreements with third -country partners?  
 
Reply:  
Uganda has not negotiated any bilateral trade agreement with non -EAC Countries.  WT/TPR/M/384/Add.1  
 
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UKRAINE  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/384), Page 7 (Para 
17) 
Under  the Report,  the EAC countries  continue  to experience  challenges  in the harmonization  of their 
regimes on SPS -related measures, standards and technical regulations, particularly concerning the 
mutual  recognition  of inspection  certificates,  and this contributes  to further  increasing  trade  costs in the  
region.  
According  to available  information,  Ukrainian  companies  are also adversely  affected  by burdensome 
certification procedures when exporting products to the EAC member  States.  
 
Ukraine  would  appreciate  if the EAC countries  could  share  their views  and intentions  concerning possible 
simplification of current certification regime, in particular for such items as food products, cosmetics, 
pharmaceuticals, household chemicals, fertilizers and  seeds.  
 
Reply:  
The requirement for certification of goods including the need for pre -shipment inspection (PVoC) is to 
protect the public and consumers from products that may cause harm if they do not meet the quality 
and safety specifications of the relevant mandatory technical regulations and standards.  
Simplification of the conformity assessment processes while achieving the two main goals of consumer 
protection and trade facilitation remains and will be the continual improveme nt goal for the EAC 
conformity assessment system. Efforts will continue to be exerted to ensure close collaboration between 
the TBT & SPS Institutions to ensure expeditious handling and conformity assessment of products – 
single window; harmonization, mutu al recognition etc. These are regulated products and it is not 
envisaged that requirement for obtaining certificates indicating conformity will be waived of. What is 
envisaged is the continuous improvement of the various conformity assessment processes thr ough a 
risk-based approach.  
 
What authorities are responsible for making decisions in this area at EAC level and in individual EAC 
countries?  
 
Reply:  
No decision on imported goods are made at EAC level. In Uganda, the authorities responsible for making 
decisions in relation to imported food products, cosmetics, pharmaceuticals, household chemicals, 
fertilizers and seeds are UNBS, MAAIF, NDA and DDA.  
 
Page 10 (Para 1.6)  
The Report states, "Efforts are ongoing with a view to strengthening financial operation s within the 
region. The African Development Bank is funding the EAC Payment and Settlement Systems Integration 
Project (EAC -PSSIP). The objective of the Project is to contribute to the modernization, harmonization 
and cross -border interoperability of paym ent and settlement systems for commercial, securities market 
and retail transactions across the EAC. A cross -border payment system was launched in 2013, allowing 
traders in the Community to conduct real -time transactions in their local currencies. In 2018,  the East 
African Legislative Assembly passed the East African Monetary Institute Bill, establishing the EAC 
Monetary Institute as a transitional institution in charge of carrying out the preparatory work for the 
monetary union. " 
Taking into account involv ement of the EAC member States' banks and financial institutions in this 
process, could the EAC, please, describe indicators of a non -transparent ownership structure and 
approaches to revealing banks ' beneficial owners, which are used by the central banks in the EAC 
countries?  
 
ECONOMIC  ENVIRONMENT  
Main Features of the Community, Para 10 (Para1.6)  
The Report states, ''Efforts are ongoing with a view to strengthening financial operations within the 
region. The African Development Bank is funding the EAC Payment and Settlement Systems Integration 
Project (EAC -PSSIP). The objective of the Project is to contribute to the modernization, harmonization  
and cross-border  interoperability  of payment  and settlement  systems  for commercial, securities market 
and reta il transactions across the EAC. A cross -border payment system was launched  in 2013,  allowing  
traders  in the Community  to conduct  real-time transactions  in their local currencies.  In 2018,  the East 
African  Legislative  Assembly  passed  the East African  Monetary  Institute Bill,  establishing  the EAC 
Monetary  Institute  as a transitional  institution  in charge  of carrying  out the preparatory work for the 
monetary  union. '' 
 WT/TPR/M/384/Add.1  
 
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Questions:  
Taking into account involvement of the EAC member states ' banks and financial institutions in this 
process, could the EAC, please, describe indicators of a non -transparent ownership structure and 
approaches to revealing banks ' beneficial owners, which are used by the central banks in the EAC 
counties?  
 
Reply:  
In Uganda 's case, the vetting process to discover the ultimate shareholders/ beneficial owners (> 5% 
stake) is never triggered by indicators of capacity, but rather automatic (followed even in cases that 
might be considered obvious). However, non -transpare nt structures are usually laid out in complex 
webs of owners, both institutional and individual. They often have trusts in the ownership layer, and 
companies may not all be from the same jurisdiction.  
i. To ensure known beneficial owners, and to mitigate the risk of a bank becoming a conduit for 
illegal activities such as money laundering, entities are awarded banking licenses in the following 
instances;  
ii. If they are financial institutions regulated in a recognized jurisdiction (e.g banks licensed in 
another co untry). BoU consults the regulator in that jurisdiction to verify ownership.  
iii. If the applicant is a private non -financial entity, they must be listed on a recognized stock 
exchange.  
iv. Individuals, together with related parties (e.g. relatives) cannot own more  than 49% of the bank 's 
equity.  
v. All unregulated applicants undergo a due diligence process of identification process conducted by 
BoU, to determine ability to recapitalize, and lack of criminal background among others.  
vi. It is noteworthy that the vetting pro cess is continuous, and shareholders are fit and proper until 
they are not.  
 
What are the types of activities of non -banking financial institutions requiring authorization/licensing?  
 
Reply:  
Please note that the National Payments System (NPS) Bill is yet to become law in Uganda. Moreover, 
regulations to operationalize such a law when ready, are yet to be put in place. Thus, wherever relevant 
(pertaining to payments), the discussion below refers to the NPS bill (please refer to appendix on 
components of the  payments system, in Uganda 's case).  
In the event a Non -Bank Financial Institution (NBFI) seeks to participate in the national payments 
system, the following require licensing;  
• Payment system operators/providers. e.g. mobile money service providers (these tend to be 
telecom companies in Uganda 's case), Interswitch, Agency Banking Companies (ABCs).  
• Electronic money (E -money) issuers (e.g., mobile network operators. These maybe the same 
entities operating the underlying payment system.  
• Issuers of payments ins truments (instruments like cheques or debit/ credit cards used to initiate 
a payment or transfer).  
Supervised NBFIs, although licensed, must seek authorization to participate in markets outside 
the traditional ones for which they were licensed. E.g. forex bureau must obtain authorization to 
offer money transfer or mobile money services.  
 
What are the approval procedures, including verification of sources of funds used for capital formation, 
assessment of financial standing, business reputation and transpare ncy of applicants ' ownership 
structure?  
 
Reply:  
Approval is a function of the due diligence outcome. The bank vets ' potential institutional owners by 
contacting regulators in the jurisdictions in which they are licensed, or other regulatory bodies, as well 
as law enforcement agencies such as Interpol. The bank engages lawyers to assist with due diligence 
(especially of  foreign based applicants). The due diligence is especially useful for complex structures.  
Moreover, the bank assesses financial strength by looking at declared sources of funds and checks this 
against the due diligence results. It may also use anecdotal e vidence (such as from the press).  
 
Appendix  
Payment systems.  
The payment systems in Uganda are categorized as;  
a. payment systems operated by the central bank which include - 
i. the Real Time Gross Settlement System;  
ii. the Automated Clearing House;  
iii. the Central Sec urities Depository for government debt securities;  WT/TPR/M/384/Add.1  
 
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iv. cross border payment systems; and  
v. Any other payment system that the central bank may establish.  
 payment systems operated by another government entity or in partnership with government 
entities in public in terest;  
 payment systems operated by the private entities, including  
i. switches;  
ii. electronic money systems;  
iii. aggregators or integrators; and  
iv. Any other payment system as may be approved or licensed by the central bank under this Act.  
 Intellectual property right s, Page 38 (Para 3.83)  
 
According to the Report "Counterfeiting and piracy of trademarks and copyrights remain a serious 
challenge to IPR protection in the region ". 
Would the EAC member States kindly inform how they are planning to address these matters, 
considering that only Burundi is a member of WIPO Copyright Treaty, and only Kenya has acceded to 
the Madrid Agreement Concerning the International Registration of Marks?  
 
Reply:  
To overcome the limitation of private enforcement of IP rights it became nec essary for Uganda 
Registration Services Bureau to set up a specialised Intellectual Property enforcement unit. In 2016, 
URSB in cooperation with Uganda Police Force established the Intellectual Property Enforcement Unit. 
The Unit 's role is the enforcement of the law against trademark counterfeiting and copyright piracy. 
URSB has since the establishment of the Unit undertaken various intellectual property enforcement 
activities.  
Other enforcers include: The Office of the Director of Public Prosecutions (DPP)  is responsible for 
institution and conducting prosecution of offences including counterfeiting and piracy to their logical 
conclusion. DPP on receipt of the case file from the Intellectual Property Enforcement Unit, assesses 
sufficiency of evidence and ma y institute proceedings or decline to prosecute. Where there is a 
reasonable prospect of a successful prosecution, the DPP institutes prosecution proceedings and in 
supported by the enforcement unit throughout the process.  
The High Court has unlimited juri sdiction in hearing cases and therefore receives and hears intellectual 
property cases. The Chief Justice designated the Commercial Court to especially hear civil cases of 
commercial nature including those related to intellectual property whereas criminal matters mainly the 
heard in Magistrate 's courts are mostly heard in the newly created division of the Standards, Utilities 
and Wildlife Court headed by a Chief magistrate.  
URSB and UNBS have a common interest in ensuring products that are certified as meet ing standards 
are not counterfeit or pirated. In March 2018, URSB entered a Memorandum of Understanding with 
UNBS with the objective among others of promotion of quality in goods by among others enforcement 
of standards and intellectual property rights.  
URA through its customs department enforces border measures under the various IP laws (Section 86 
Trademarks Act and section 56 of the Copyright and Neighbouring Rights Act).  
URSB is exploring opportunities with UCC to ensure that content being broadcast or distributed by those 
entities licensed complies with the law specifically the Copyright and Neighbouring Rights Act (Section 
28 of the Uganda Communications Commission Act).  
The NDA registers drugs and their brand names though the person registered for the  brand name does 
not thereby acquire trademark rights under the Trademarks Act. As such there is a shared interest in 
ensuring that those brands registered by NDA acquire enforceable intellectual property rights. To that 
end URSB has jointly carried out se nsitization and enforcement activities with NDA.  
URSB supervises Collective Management Organizations (CMOs). Twenty copyright inspectors from the 
licensed CMOs including Uganda Reproduction Rights Organisation, Uganda Performing Rights Society 
and Uganda F ederation of Movie Industry were as mandated by law appointed Copyright Inspectors to 
enforce the law against piracy (Section 52 of the Copyright and Neighbouring Rights Act).  
 
4.4 Services, Page 43 (Para 4.34)  
The Report mentions mutual services liberaliz ation plans of the EAC countries.  
Could  the EAC member  States  provide  more details  concerning  their vision  of future  policy  in trade in 
services, in particular, intentions of participation in negotiations on disciplines on domestic regulation.  
 
Reply:  
Uganda has a national policy on Trade in Services Trade and Strategy to guide among others, regional 
and multilateral trade in Services negotiations. At the WTO, Uganda participates in the Working Party 
on Domestic Regulation and currently serves as focal poi nt in this area for the LDC Group in services.  
 WT/TPR/M/384/Add.1  
 
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ARGENTINA  
Reply:  
The WTO LDC services waiver expounds on the needs of our country in regard to the tourism sector. 
All services sectors contribute to the development of the Tourism Industry. For example; 
accommodation, Transport, Health -tourism, Creative industry, Arts & Designs, Culture Construction, 
ICT and Professional Services.  
  WT/TPR/M/384/Add.1  
 
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EUROPE AN UNION  
WT/TPR/S/384 – WTO Secretariat's Report, Paragraphs 1.16 and 1.17, page 12  
"Extra -EAC trade in goods continues to display a deficit, with exports generally covering less than 50% 
of imports. The deficit recently narrowed from USD 25.3 billion in 2015 to USD 19.2 billion in 2017 as 
a result of falls in global prices of crude oil. Exports are  dominated by commodities for which EAC 
countries are price takers: tea; coffee; cut flowers; and non -monetary gold. Imports are dominated by 
manufactured products, including fuels, chemicals (e.g. medicaments, fertilizers), and machinery and 
transport equ ipment." "In 2017, Kenya and Uganda are the major players in intra - EAC trade. Major 
traded goods across the region include agricultural products (e.g. sugar, maize, and vegetable and 
animal oils) and manufactured products (e.g. cement, steel and steel pro ducts, plastics and 
pharmaceuticals)."  
 
What efforts are being made to reduce the trade deficit and to diversify the export commodities? Please 
indicate what measures have been taken and will be taken to increase the trade within the EAC?  
 
Reply:   
The Nati onal Exports Development Strategy prioritises among others: export development of consortia, 
value chains, trade fairs & missions, market surveillance, etc. In addition, Uganda will work with EAC 
Partner States to improve overall infrastructure, removal of  NTBs and participating in EAC fairs. 
Additionally, attention of FDIs for investment information and promotion in sectors such as 
Pharmaceuticals, processed foods, electronics and Motor vehicle assembly.  
 
Paragraph 3.12, page 23  
"Kenya, Rwanda and Uganda h ave ratified the WTO TFA; the other EAC countries have not yet done so. 
All the countries have notified their category A commitments under the Agreement and have adopted 
a regional action plan for its implementation."  
 
Reply:  
Uganda is yet to finalise cat egorization for B&C and undertake a thorough analysis on the financial 
needs. Support is needed to run the NTFC action plans and roadmap.  
 
Paragraph 3.69, page 35  
"Proposals for standards and technical regulations are received by NSBs. […] The "Draft EAC S tandard" 
goes through a 60 -day public comments stage. The Draft is then revised accordingly and sent to the 
NSBs. If accepted by all the NSBs, the Draft Standard is adopted and declared an "EAC standard" by 
the Council of Ministers. Countries have six mont hs to adopt the EAC standard as a national one. The 
maximum duration allowed for the completion of a standard project is 24 months, from the proposal 
stage to the time of approval. As at 30 September 2018, the EAC catalogue included 1,526 standards, 
of whi ch 1,007 are international."  
 
Could EAC members explain what the status of the revised EAC Standards for Alcoholic Beverages is, 
and whether these standards have been fully transposed into their national legislation? If yes, could 
the final texts be notifi ed and made available on the WTO TBT system? Please specify which challenges, 
if any have been faced to harmonize standards, particularly at the national level of implementation.  
 
Reply:  
The aforementioned standards including; EAS 109:2018 - Potable spirit  — Specification, EAS 139:2018 - 
Fortified wine — Specification, EAS 140:2018 - Sparkling wine — Specification, EAS 141:2018 - Whisky 
— Specification, EAS 142:2018 - Vodka — Specification, EAS 143:2018 - Brandy  
— Specification, EAS 144:2018 - Neutral spirit — Specification, EAS 145:2018 - Gin — Specification were 
gazetted as East African Standards by the EAC Secretariat in August 2018. The remaining two 
standards; DEAS 63:2018, Beer — Specification and DEAS 138:2018, Still table wine — Specification 
are currently under revision.  
The seven standards gazetted by the EAC Secretariat are under consideration in Uganda for national 
adoption by the National Standards Council. When the standards are adopted by the National Standards 
Council, Uganda will issue addenda to th e original notifications indicating how the texts of the standards 
may be obtained.  
 
Paragraph 4.50, page 45  
"In practice, the free movement of workers within the EAC is restricted to selected highly -skilled 
workers, and craft and related trade workers. Free movement is further hindered by issues relating to, 
inter alia, the mutual recognition of professional qua lifications and experience, procedures for obtaining WT/TPR/M/384/Add.1  
 
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work permits, and the inconsistent quality of training institutions. The EAC member States are currently 
amending their respective national policies, including laws and regulations, to conform to the CM 
Protocol." And Paragraph 3.2, page 7 (WT/TPR/G/384).  
"The citizens of EAC are at liberty to move freely across partner states with additional rights of residence 
and establishment in line with the national laws of the respective partner states…"  
The EU wou ld like to know how the EAC Partner States address this issue in order to ensure free 
movement of people. What are the main challenges in this regard?  
 
Reply:  
The main challenge is the harmoni zation of regulations and laws including divergence in administ rative 
procedures. At the regional level, we are developing a monitoring tool for removal of restrictive barriers 
in free movement of service suppliers and workers.  
 
Annex 5 Uganda, Paragraph 1.5, pages 357 and 358  
"The Ugandan economy continued expanding during the 2011 -17 period, with real GDP growth 
averaging 4.5% per year. Over the same period, per capita GDP increased from USD 732 to USD 773 
in real term. According to the authorities, Uganda envisions graduating  from LDC to a lower middle -
income country by 2020, and to an upper middle -income country by 2040. Economic growth slowed to 
an annual rate of 2.6% in 2016, due to drought that adversely affected agricultural production and 
agro-processing; the spill over  from regional conflict also had a negative impact on growth. With 
weather conditions improving, the GDP annual growth rate bounced back to 5.1% in 2017."  
The EU notes that Uganda plans to graduate from LDC to lower middle income status by 2020 (i.e. next 
year). The EU would like to know whether the government plans to review this goal and, if yes, what 
the new targets would be.  
 
Reply:  
Given the current projections the country is unlikely to achieve this target next year. A new target will 
be set and inclu ded in the next National Development Plan (NDPIII) which is currently under 
preparation.  
 
Paragraph 1.7, page 358  "Trade -related taxes are the major source of" Ugandan "revenue. In 
FY2016/17, taxes collected at the border accounted for 42% of total revenue . The risk of debt distress 
remains low. According to the IMF, Uganda's debt is projected to peak at 42% of GDP in FY2019/20, 
when the scaling -up of infrastructure investment is completed." However, according to the most recent 
IMF (article I) consultation  debriefing held in Kampala, IMF revised upward the estimate of Uganda debt 
as a share of GDP at 49.5% in 2020, increasing the risk of debt distress.  
 
Reply:  
The EU would like to know how Uganda intends to contain these rising debt levels and whether ther e 
are plans to increase import duties, VAT and indirect domestic taxes?  
Debt Sustainability: Uganda 's debt remains sustainable with nominal debt to GDP of 41.5%, projected 
to remain sustainable in the medium to long term. Debt levels are comfortably below the operational 
thresholds of 50% debt to GDP, and significantly below the sub -Saharan average (45.4% debt to GDP). 
It is envisaged that Uganda 's economy will sustain its debt levels, given that Government has 
prioritized:  
i. Enhanced domestic revenue efforts . Through a comprehensive Domestic Revenue Mobilization 
strategy (DRMS), Government aims to raise the revenue to GDP ratio by 0.5% annually.  
ii. The increase in domestic revenue will provide Government with the additional resources for 
financing development pr ojects and service its debt obligations annually, without actually adjusting 
taxes rates, such as import duties, VAT or indirect domestic taxes;  
iii. Borrowing for mainly infrastructure projects to address current infrastructure gap (Transport, 
Energy, Industri al Infrastructure and Water for Production);  
iv. Investment in export -oriented areas to boost exports in order increase forex inflow and enable 
servicing of forex debt.  
v. Improved loan absorption by strictly adhering to the loan approval processes i.e. project 
preparation, negotiation and approval;  
vi. Selective and strategic financing options to minimize financing risks, with preference given to 
concessional financing; and  
vii. Uganda 's development agenda is guided by high National priorities with expected high economic  
returns, as identified in the National Development Plan.  
 
Paragraph 2.18, page 367  
The Secretariat's report states that "All investment projects are subject to investment licensing 
requirements by the UIA [Uganda Investment Authority]. In practice, a thre shold of USD 100,000 is WT/TPR/M/384/Add.1  
 
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applied to foreign investors and USD 50,000 to local investors. A local investor is defined as a company 
in which the local partner holds more than 50% of the shares. The licence is issued within three days 
at no cost. Pursuant to S ection 13 of the Investment Code, foreign investors may be subject to a 
number of performance obligations (not imposed on national counterparts) as a condition for granting 
an investment licence. These include foreign exchange earnings, staff training and local employment, 
technological transfer, contribution to socio -economic development, and other obligations that the UIA 
may consider relevant for meeting the objectives of the Investment Code (e.g. investment size and 
environmental protection).  
These requ irements referred to above distinguish between enterprises owned by Tanzania and by 
foreigners. Could Uganda guarantee that discriminatory provisions of its national law will not be applied?  
 
Reply:  
The question talks about Tanzania enterprises and theref ore Uganda thought it was not meant for our 
response. However, if this for Uganda 's response, we wish to respond as follows: Uganda being an LDC 
welcomes foreign direct investment that contributes to technology transfer, employment, increased 
export earnin gs and thereby contributing to economic development of our country. This is in line with 
the aspirations of the WTO and the UN. Besides this, there are generous incentives for foreign investors 
who meet the qualification requirements in the Investment Code  law 2019.  
 
Paragraph 3.80, page 379  
The EU notes that a significant number of fruits and vegetables exports to the EU have been rejected 
due to non -compliance of food safety requirements. The EU would like to know which measures have 
been taken or will li kely be taken to strengthen the capacities of Crop Protection Department of the  
Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) to ensure adequate Sanitary and Phyto -
Sanitary standards for exports, notably to the EU.  
 
Reply:  
Uganda appreciat es the EU for the generous support in addressing SPS under the EPA -TAPSS, QUISP 
and Mark -UP project. Out of these we have developed SPS policy, trained farmers and exporters, 
undertook regulatory improvements. We look forward to continued cooperation under  the auspices of 
the SPS Agreement, Article 9.  
 
Paragraph 3.81 and 3.82, page 379  
"Uganda has no national legislation to regulate competition or anti -trust cases. (…)"  
"Bills for a competition law and a consumer protection law have been drafted but have no t yet been 
debated in the legislature." Could Uganda provide additional information on when the competition law 
is expected to be adopted?  
 
Reply: The Bill is before Cabinet for approval and submission for Parliamentary debate.  
 
3.3.3 (Sanitary and phytosanitary requirements), page 378. Could Uganda confirm that it 
accepts beef products according to OIE recommendations on bovine spongiform 
encephalopathy.  
 
Reply:  
Yes, we conform to OIE recommendations on bovine spongiform encephalopathy. However, we  are 
cognisant of Article 3.3 of the SPS Agreement.  
 
Paragraph 3.119, page 384  
"The Commercial Court is responsible for hearing IP cases, including by artists and musicians in 
Uganda's Performing Arts Rights Society. The UNBS, the URA, and the Uganda Polic e Force (UPF) are 
responsible for enforcing the law on IP. In 2016, the URSB, in cooperation with the UPF, established 
the Intellectual Property Enforcement Unit. The Unit's role is the enforcement of the law against 
trademark counterfeiting and copyright piracy. It is reported that the enforcement efforts are 
constrained by inadequate resources and funding." Could Uganda elaborate on the civil and border 
enforcement measures the enforcement and customs authorities can take against goods or services 
suspect ed of infringing an intellectual property right and against goods and services which were found 
to infringe an intellectual property right?  
 
Reply:  
Civil claims against infringement can be brought to the Magistrate 's Courts or High Court Commercial 
Division depending on the pecuniary values involved. Remedies include injunctions, damages, account 
of profits, and forfeiture and destruction of infringing material.  WT/TPR/M/384/Add.1  
 
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Regarding border measures, a trademark owner who has reasonable grounds for suspecting th at some 
goods being imported bear an infringing trademark or that importation may take place, may lodge an 
application in writing with the court or Uganda Revenue Authority (URA) for the suspension by the 
customs department of the release into free circula tion of the goods. The description of the infringing 
goods must be sufficiently detailed to enable their recognition by URA.  
 
Table A1.3, page 410 and table A1.4, page 411  
 
Could you please explain some changes in trade such as: a) the surge in merchandise  exports to the 
United Arab Emirates between 2015 and 2016? b) the steady decline in merchandise imports from India 
between 2013 and 2017?  
 
Reply:  
The surge in merchandise exports to UAE is on account of Gold exports whose export revenue increased 
signifi cantly over the past 5 years after the establishment of the African Gold Refinery in Uganda. UAE 
is the main export destination of Ugandan gold. The value addition on unrefined gold attracted better 
international prices making Gold the second highest forei gn exchange earner by 2016, after coffee. 
However, in 2018, Gold was the leading foreign exchange earner, surpassing coffee.  
b) The steady decline of merchandise imports from India between 2013 to 2017 could be attributed to 
the entry of China in the Ugand an market. During the past three years, imports from China steadily 
increased from US$ 886.2 million in 2016 to US$ 986.0 million in 2017 and US$ 1,184.2 million in 
2018, making China the leading source of Ugandan merchandise imports. Meanwhile, the import s from 
India continued to plummet over the same period. Uganda imports mainly capital and finished goods 
from these two countries, where Chinese products could be preferred substitutes for the Indian products 
on account of affordability/favourable prices.  
 
M) Trade Agreements and Arrangements: Page 366, Paragraph 2.13: When is the current 
status of Uganda 's outstanding notifications?  
 
Reply:  
A notification committee was constituted last year to handle all outstanding notifications during this 
calendar year . 
 
N) 1.1. Customs procedures and requirements, Page 369, Paragraph 3.4:  Uganda provides an 
import declaration form (C17) to traders in order to submit necessary documents electronically for 
goods to be released by Uganda Customs. Could Uganda note if Form  C17 is available to the public for 
use online?  
 
Reply:  
This form is available online via the URA web portal.  
 
O) Tariff preferences: Under the EAC Common External Tariff, how do Burundi, Kenya, Rwanda, and 
implement their commitments under the COMESA FTA  while Uganda only applies an 80% reduction in 
the CET rate to goods originating in other COMESA countries, excluding EAC members? Is the integrity 
of the CET maintained in light of different commitments made under the COMESA and SADC FTAs? 
Uganda accessed  to the COMESA Free Trade Area in 2012, with a list of derogated products (Under the 
EAC Sensitive List). It is a must Uganda 's derogation is to be phased out completely in accordance with 
the COMESA Treaty.  
 
Reply:  
Uganda joined the COMESA FTA and give 1 00% reduction not 80% of goods originating from COMESA 
Partner States, except a few items for which phase down schedule is being developed within a 
reasonable time. Uganda remains at the forefront of driving regional integration.  
 
P) Please explain whether  Uganda applies a different amount reduction in the CET for goods originating 
in other COMESA countries compared to what Burundi, Kenya, and Rwanda apply for goods originating 
in other COMESA countries under the EAC -COMESA FTA. If so, please explain why.  
 
Reply:  
The issues in P, have been addressed in O above.  WT/TPR/M/384/Add.1  
 
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JAPAN  
Report by the Secretariat (WT/TPR/S/384, Paragraph 6, page 5  
According to paragraph 6 of the report by the secretariat, the negotiations on an Economic Partnership 
Agreement  (EPA) with the European Union were concluded in October 2014. For Burundi, Tanzania and 
Uganda, please state the progress in ratifying the agreement and share the domestic discussions 
regarding the EPA with the EU.  
 
Reply:  
The EPA discussions are ongoing  at the EAC Summit level and engagement with ongoing where the 
parties hoping to harmonize the concerns that some EAC partner States raise and once concluded, 
countries will have to go through the necessary national processes for ratification. At the count ry level, 
we are still engaging the EU and hopefully this process will bring positive results.  
 WT/TPR/M/384/Add.1  
 
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AUSTRALIA  
 
Report by the Secretariat (WT/TPR/S/384) – Annex 5 Uganda 2 Trade and Investment 
Regimes 2.4 Investment Regime  
Page 367, Paragraph s 2.19 -2.19 
 
The report states that, pursuant to Section 13 of the Investment Code, foreign investors may be subject 
to a number of performance obligations (not imposed on national counterparts) as a condition for 
granting an investment licence. These incl ude foreign exchange earnings, staff training and local 
employment, technological transfer, contribution to socio -economic development, and other obligations 
that the UIA may consider relevant for meeting the objectives of the Investment Code (e.g. investm ent 
size and environmental protection).  
It states that, similarly, under the Petroleum Exploration, Development and Production Act, 2013 and 
the Petroleum Refining, Conversion, Transmission and Midstream Storage Act, 2013, investors are 
required to contrib ute to the creation of a local skilled workforce. The Uganda Investment Act does not 
specify mandatory numbers for local employment in management positions. According to the 
authorities, no performance appraisal regarding this matter has been carried out s ince the mid - 1990s. 
To encourage foreign investors to enter the Ugandan market, might Uganda consider reviewing its 
legislation to reduce obligations on foreign investors?  
 
Reply:  
The recent Investment Code Act, 2019 provides incentives to foreign investors that meet the 
qualification requirements under the law.  WT/TPR/M/384/Add.1  
 
- 127 - 
 
THAILAND  
 
ANNEX 5 UGANDA  
Page 392 (Para 4.544.2.1. Mining)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.2 Customs valuation  
Custom s duties are assessed on the c.i.f. value of goods; insurance is mandatory except for inter -EAC 
transfer of goods. The URA uses its own exchange rates that are published on its website at the time it 
approves the customs declaration. A valuation database i s used for purposes of reference and 
application of alternative valuation methods where a declaration is found unsatisfactory during the 
vetting process. The database of reference values is constituted from previously accepted transaction 
values. (Page 370 ) 
 
Question  
We would like to ask that which alternative valuation method, Uganda utilize to determine the price of 
goods and how to apply for it.  
 
Reply:  
The alternative methods used are the five methods other than the Transaction value method (Method 1  
– also called the Principal method) that is provided for under the WTO Agreement on Customs Valuation 
(ACV). These are  
a. Transaction value of identical goods (Method  20 
b. Transaction value of similar goods (Method  3) 
c. Deductive method (Method 4) 
d. Computed metho d (Method  5) 
e. Fall –back method (Method  6) 
b. These methods are applied sequentially in deriving customs value.  
 WT/TPR/M/384/Add.1  
 
- 128 - 
 
KOREA, REP. OF  
Page 392 (Para 4.54  4.2.1. Mining) 4.54.  On average, mining contributes about 0.7% to the 
economy. Over the period under review, production volumes of non -metallic minerals such as 
limestone, pozollana,  and kaolin  gradually  increased,  while production  of metallic  minerals  fluctuated  
(Table  4.7). It seems that mineral exports continued to decline, except  for gold. 
 
a. Does Uganda have a mechanism for ensuring that exported gold marked as Ugandan origin has 
actually originated from  Uganda?  
 
Reply:  
The sector has undergone streamlining and regulatory review and efforts have seen the setting up 
the African Gold refinery and artisan minors have streamlined operations. As a result, there 's 
increased production and processing. Furthermore, there 's a regional mechanism under Great Lakes 
countries that we endeavour to abide with.  
 
b. What is the Ugandan government 's position on the report recently published by the Auditor - 
General  Office  of Uganda  which  discovered  that some  gold exported  from Uganda  did not possess 
the legitimate licenses as required by the Mining Act of  Uganda?  
 
Reply:  
The Auditor General 's reports  are submitted to Parliament in accordance to the constitution of 
Uganda. Any such issues that may have been raised are responded to by Government during 
consultation by the relevant committees. This has not yet happened and therefore the content of 
the re port should not be treated as gospel truth. We have right control on mineral exports, including 
gold. If at the time of interacting with Parliament, there are loopholes as reported by the Auditor 
General, Government will remain committed to plugging such l oopholes.  
 
c. What are the Ugandan  government 's plans  to ensure  that only entities  with legitimate  export  
licenses can export gold through  customs?  
 
Reply: Any Gold exported is legitimate.  
 
Page 378 (Para 3.72)  
3.72. The UNBS conducts market surveillance. Where necessary, it draws samples of the product for 
laboratory testing. Testing charges are imposed if samples are drawn for laboratory analysis. If the 
product does not meet the critical minimum requirements f or health, safety, and performance, as 
set out in the relevant Ugandan Standard, the product is prohibited from entry on those grounds 
and seized for destruction or re -exportation at the importer's expense.  
 
Reply:  
In respect of imports, Uganda National B ureau of Standards (UNBS) is mandated to inspect imports 
under Section 21(1) of the UNBS Act which provides that no person shall import, distribute, 
manufacture, sell or have in his or her possession or control for sale or distribution any commodity 
for wh ich a compulsory standard specification has been declared unless the commodity conforms to 
the compulsory standard specification.  
In addition, Section 7 of the Uganda National Bureau of Standards (Inspection and Clearance of 
Imports) Regulations, 2018, provides that where the inspector determines that the commodities 
which are subjected to destination inspection do not conform to the compulsory standard 
specification, the inspector shall notify the relevant authorities and may refuse entry of the 
commodi ties into Uganda, or issue a notice to the importer to destroy or re -export the commodities. 
Furthermore, Section 13 of the Uganda National Bureau of Standards (Inspection and Clearance of 
Imports) Regulations, 2018 provides that where a notice to destroy or re-export commodities is 
issued, the commodities shall within fourteen working days of the notice to destroy or re -export and 
at the expense of the importer; be destroyed, where the commodities do not pose a significant risk  
to the envir onment; or be re -exported to the country from which they were imported from, where 
the commodities pose a significant risk to the environment. The commodities for re -export shall not 
be re-exported to another country other than the country from which they were imported from. The 
destruction of the commodities for which a notice to destroy is issued is done in accordance with the 
applicable national laws.  WT/TPR/M/384/Add.1  
 
- 129 - WTO Member  Section  Question  Response  
TURKEY  
 1.2 Recent Economic 
Developments, pg. 357 -358, para. 
1.5 It is stated in the Secretariat Report 
that "The Ugandan economy continued 
expanding during the 2011 -17 period, 
with real GDP growth averaging 4.5% 
per year. Over the same period, per 
capita GDP increased from USD 732 to 
USD 773 in real term. According to  the 
authorities, Uganda envisions 
graduating from LDC to a lower middle -
income country by 2020, and to an 
upper middle -income country by 2040. 
Economic growth slowed to an annual 
rate of 2.6% in 2016, due to drought 
that adversely affected agricultural 
production and agro -processing; the 
spillover from regional conflict also had 
a negative impact on growth. With 
weather conditions improving, the GDP 
annual growth rate bounced back to 
5.1% in 2017."  
 
Is there any qualitative analysis that 
calculates the imp act of the drought 
and the spillover from regional conflict 
on foreign trade? If yes, could Uganda 
kindly provide further information 
about the impact of the aforementioned 
issues on the foreign trade?  Yes, qualitative analysis is undertaken,  
and this enab les us to measure the 
impact of the drought and spill over of 
regional conflict on foreign trade. 
Whenever we use qualitative analysis 
for this we mainly come up with 
statistical inferences to make robust 
conclusions on the impact. We, for 
example, have re gistered a decline in 
our trade (both on exports and import 
sides) with our regional partners during 
times when they have experienced 
unrest, suggesting a positive 
correlation between absence of conflict 
in the region and foreign trade/regional 
trade.  
 
   WT/TPR/M/384/Add.1  
 
- 130 - REPLIES BY TANZANIA  
Section  Question  Response  
Section 3.1.7 
Contingency measures  
Page 33, Paragraph 
3.53 The Secretariat notes that Kenya is the only EAC 
country with national legislation on trade remedies. 
However, in Annex 4 to the Secretariat report (see 
Section 3.1.6; page 275, paragraph 3.32) Tanzania 
states that since 2004 it has specific legislation on  
contingency measures. It appears this legislation was 
attached to the Tanzania TPR at footnote 23. The 
United States notes that this legislation has not yet 
been notified to the relevant WTO Committees.  
Could the Secretariat please clarify whether Tanzan ia 
has developed national laws on the administration of 
trade remedies? If so, when will these laws be notified 
to the relevant WTO Committees?  In 2004, Tanzania legislated the National Anti -Dumping and Countervailing 
Measures Act (2004). Admittedly, the A ct could not be implemented due to 
omissions of some relevant domestic Union (Tanzania and Zanzibar) 
requirements. In this regard, the Government has consulted widely and is going 
to propose to the Parliament to repeal the Act through the due processes. 
Therefore, the expected new Anti -Dumping and Countervailing Measures Act 
shall be notified to the WTO in the due course.  
3.3.3 Sanitary and 
phytosanitary measures  
Page 36, Paragraph 
3.73 Please explain why Tanzania has not ratified the SPS 
Protocol in light  of all other EAC members ratifying the 
protocol.  Tanzania is fully cognizant of the importance of the SPS. Also, we are aware of 
the importance of harmonizing SPS measures within the region.  
 
While mindful to the importance of SPS issues, however, our in ternal 
consultation process has taken somehow longer than expected. Partly, this has 
been due to a large number of stakeholders (in the public and private sector) to 
be involved before making sound decision. Presently, we are at the final stages 
(awaits pr esentation to the Parliament). In that regard, Tanzania hopes to ratify 
the EAC SPS Protocol in a very near period.  
2.3.2 Regional and 
preferential agreements  
Page 257, Paragraph 
2.18:  Please explain how Tanzania implements its 
commitments under the SAD C FTA in light of Burundi, 
Kenya, Rwanda, and Uganda's commitments under the 
COMESA FTA, of which Tanzania is not a member.  This is implemented in accordance with Section 112 of the EAC CMA which 
provides criteria for application of preferential treatment  of goods imported 
under the SADC and COMESA arrangements.  
 How does Tanzania and other EAC members maintain 
the integrity of the CET in light of overlapping and 
mutually exclusive FTAs with COMESA and SADC?  This is in accordance with the Section 112 of the EAC CMA which provides 
criteria for application of preferential treatment of goods imported under the 
SADC and COMESA arrangements.  
 
3.1.1 Customs 
procedures, valuation, 
and requirements  
Page 267, Paragraph 
3.3: According to the Secretariat Report, Tanzania's single 
window system (eSWS) was expected to be finalized by 
the end of 2018.  
Could Tanzania indicate if the eSWS system has now 
been finalized and implemented?  The eSWS  is yet to be completed. The development process is still underway. 
We expect first phase to be implemented by June 2019.  
 
While eSWS is yet to be completed, Tanzania has made progress on areas of 
seamless clearance of goods. In fact, Tanzania, through ou r revenue authority 
(TRA), adopted ASCUDA+++, ASYSCAN, and Exemption Tracking System (ETS). 
These platforms were indeed helpful. However, cognizant to the importance of 
continuous improvement through adoption of efficient technologies, Tanzania 
Revenue Aut hority (TRA) developed the System, dubbed as Tanzania Customs 
Integrated System (TANCIS), to provide avenue to other OGDs who work hand 
in hand with Customs for clearance of goods. Indeed, TANCIS, which began in  WT/TPR/M/384/Add.1  
 
- 131 - Section  Question  Response  
2014 and launched officially in July 2015, a llows other OGDs to lodge the 
customs documents on the same entry thus reducing clearance time and cost.  
 Does Tanzania plan to charge a fee associated with 
traders' use of this portal? If so, will Tanzania publish 
those fees online?  There is no intention  to charge fees for the use of window once completed.  
Page 267 -268, 
Paragraphs 3.2, 3.7:  The Secretariat Report notes that the Tanzania Revenue 
Authority (TRA) outlines procedures for importation on 
its website, including that the clearance process must 
be carried out by a licensed clearing and forwarding 
agent. The TRA also requires licensing for some 
customs procedures pursuant to the East African 
Community Customs Management Act (EACCMA), 
including in the area of licensing clearing and 
forwarding agent s. 
Does Tanzania publish online the licensing requirements 
for clearing and forwarding agents?  The procedures are well stipulate in the TRA website and can be accessed 
through the following link : 
http://www.tra.go.tz/index.php/clearing -forwading -agents  
 
 Do Tanzania's licensing requirements for clearing and 
forwarding agents differ with any requirements under 
the EACCMA for agents who seek to work with other 
EAC members?  There is no difference. The requirements are in accordance with the provision of 
the East African Community Customs Management Act (2004). All licenses are 
valid for a calendar year, that is, January to December . 
Page 269, Paragraph 
3.12:  The Secretariat Report notes  Tanzania has not yet 
ratified the TFA and the Government expects to ratify 
by the end of Fiscal Year 2018 -2019. Tanzania has 
designated 5.9% of its commitments as Category A 
under the TFA, with 94.1% of measures under the 
Agreement remaining to be categor ized as B or C. Two 
of Tanzania's commitments notified as Category A 
under the Agreement, transparency notifications 1.4 
and 10.6.2, have not been submitted to the WTO, to 
provide traders with the online locations of Tanzania's 
information on customs proce dures and processes and 
the use of customs brokers. This information is due to 
the WTO upon Tanzania's ratification of TFA.  
Does Tanzania still intend to ratify the TFA by the end 
of its Fiscal Year 2018 -2019?  
 Tanzania has not yet ratified the TF Agreemen t. However, we are at the 
advanced stage of the ratification process according to the domestic ratification 
procedures. We expect, to have TF agreement ratified during the coming 
financial year 2019/2020.  
 
Full implementation of the TF Agreement including  notification of categories B 
and C will be made after the ratification process has been completed.  
 
Though, Tanzania has not yet ratified TF Agreement, the Government has 
continued to undertake dedicated effort in improving business environment in 
the co untry.  
 
Those efforts include, among other things, the following:  
(e) Establishment and irrationalizing the National Trade facilitation Committee;  
(f) Launching of the BLUEPRINT which was approved by the Cabinet in 2018. The 
BLUEPRINT provides the Governments' m ain framework for enabling a holistic 
review of the business enabling environment in order to improve the business 
climate in Tanzania. It presents key challenges affecting the business 
environment in Tanzania along with a set of recommendations for reform s to 
put in place a more business friendly environment in the country. The 
BLUEPRINT seeks to put in place a framework for addressing regulatory hurdles 
and create a smart, functional, and fair business regulatory regime in Tanzania;  
(g) Introduction of the On line Registration System (ORS) which enables business 
community and public in general, to access all services offered by the Business  WT/TPR/M/384/Add.1  
 
- 132 - Section  Question  Response  
Registration and Licensing Agency (BRELA) wherever they are without 
physically visiting the respective offices; and  
(h) Infras tructure development in the form of roads, flyovers, rails ways, 
modernization of harbours and airports which are key enablers in facilitating 
trade.  
 Could Tanzania provide a timeline for when it will 
submit information related to its transparency 
notification 1.4 and 10.6.2 to the WTO?  This will be communicated to the WTO Secretariat shortly after the on -going 
Trade Policy Review process is completed.  
Page 269, Paragraph 
3.14:  The Secretariat Report indicates that Tanzania has an 
informal procedu re for issuing advance ruling on 
customs classification matters, and that there is no 
central database for tracking them or disclosure of 
them to the public. The United States notes that as 
Tanzania pursues Article 3 on Advance Rulings under 
the TFA, Membe rs to the Agreement are expected to at 
a minimum publish the requirements for the application 
for an advance ruling, the time period by which it will 
issue an advance ruling, and the length of time for 
which a ruling is valid.  
Does Tanzania have a timeline  for formalizing its 
advance ruling process and publishing on the Internet 
the requirements for the application for an advance 
ruling, the time period by which it will issue and 
advance ruling, and the length of time for which a 
ruling is valid?  Advancing ruling is issued formally according to the East African Community 
Customs Management Act Section 24 and it lasts for the period not exceeding 
12 months from the date of issuance.  
 Does Tanzania provide for advance rulings on issues 
other than classificati on of goods, such as valuation or 
rules of origin? Are advance rulings valid throughout all 
ports of entry?  Advance ruling cuts across all three issues of classification, rules of origin and 
valuation as per Section 248A of the CMA (2015 amendment). Advanc e ruling 
issued by TRA are valid through all ports of entry.  
 What is the time period for which an advance ruling is 
valid? What is the process for appealing an advance 
ruling in Tanzania?  Advance ruling lasts for the period not exceeding 12 months from t he date of 
issuance. The appeal is done by writing an official letter to the Commissioner of 
Customs. The decisions on appeal are issued as soon as possible.  
3.1.6 Anti -dumping, 
countervailing, and 
safeguard measures  
Page 274, Paragraph 
3.31:  According to Tanzania's TPR, Tanzania periodically 
implements import restrictions on agriculture products.  
Please provide additional information regarding these 
import restrictions. For example, please identify the 
process for putting in place such restri ctions, what 
products have had such restrictions put on them, and 
why were those restrictions were put in place.  In accordance to Plant Protection Act 1997, Plant Protection Regulations 1999 
and various International Phytosanitary Standards Measures (ISPMS ), Tanzania 
impose restrictions on importation of commodities based on Pest Risk Analysis 
(PRA) results to avoid the introduction of harmful organisms.  
 
Restricted pesticides include: Ozone depleting agents like Methyl Bromide 
fumigants which are restricte d under Montreal Protocol with the exceptional of 
fumigation on wood packaging materials.  
Section 3.3.6 
Government 
Procurement  
Page 284, Paragraph 
3.78:  Tanzania is neither a member or nor an observer to the 
WTO Agreement on Government Procurement (GPA). 
Becoming an observer to the GPA would allow Tanzania 
to engage with other countries on matters relating to 
government procurement and would not require Tanzania notes and appreciates for the suggestion. We will undertake further 
consultations and analysis in the capital which will inform our position on this 
suggestion.   WT/TPR/M/384/Add.1  
 
- 133 - Section  Question  Response  
Tanzania to take on any obligations. Will Tanzania 
consider becoming a GPA observer?  
Page 285, Paragraph 
3.80:  The Secretariat Report notes that Tanzania provides a 
preference for local bidder, and that there is a "national 
tender" mechanism for procurements that fall under 
certain thresholds for goods, works, and services.  
How does Tanzania  define "domestic" or "local" for 
goods, works, and services? Is it based on the 
nationality of the firm or through some other method?  
 Section 3 of the Public Procurement Act. CAP. 410 as Amended in 2016, defines 
" Local Firm" means a firm whose majority share capital is owned by citizens of 
the United Republic"  
 
• Section54 (2) of the PPA states that; The procuring entity shall, when procuring 
goods, works or services by means of international or national tendering, or 
when evaluating and comparing tenders, grant a margin of preference for the 
benefit of tenders for certain goods manufactured, mined, extracted or grown in 
the United Republic, for works by Tanzania contractors or services provided by 
Tanzania consultants, provided that this is clearly  stated in the tender 
documents subject to the provisions prescribed in the regulations made under 
this Act.  
 
The Authority enforces compliance of the Procurement Act to Procuring entities 
and develops procurement guidelines for the same.  
 Does Tanzania c ollect statistics on the country of origin 
of goods, works, and services that it procures?  
 Yes, Tanzania collects relevant statistics in relation to country of origin of 
goods. In practice, TANCIS automatically requires for the details of the country 
of origin of a particular consignment at the time of declaration.  
 
As regards to services, efforts are in advanced stage to start collecting data on 
trading in services by country of origin. The arrangement will involve 
commercial banks which facilitate payme nt of trade in services.   
3.3.7 Intellectual 
property rights  
Page 287, Paragraph 
3.91:  The Report notes that work on developing a national IP 
strategy was underway as of October 2018.  
Please provide an update on this work, and, if possible, 
identify key  topics under consideration. Please also 
provide information on how the success of this strategy 
will be evaluated.  The IP Policy and its Strategy is in final stage of approval.  
The draft IP Policy addresses: the conventional issues of industrial property 
ranging from patents, Utility Model, trade and service Marks to geographical 
indications, traditional knowledge and folklore as well as copyrights, 
neighbouring rights. In addition, this policy also sets a national position on wide 
array of issues of intel lectual. The implementation strategy details how M&E 
framework will be conducted.  
Page 288, Paragraph 
3.94:  The Report provides a brief summary of the Copyright 
and Neighboring Rights Act. That law dates back to 
1999.  
Is there any consideration to amend ing that law, 
especially given the adoption of various international 
treaties (such as the WIPO Copyright Treaty, the WIPO 
Performances and Phonograms Treaty, the Marrakesh 
Treaty) since then?  
 
 Tanzania is in a process to amend its Copyright and Neighbou ring Rights Act 
No. 7 of 1999 (Mainland) and the Copyright Act No. 14 of 2003 (Zanzibar).  
 
We have already done stakeholders meetings both in Tanzania  Mainland and in 
Zanzibar. In so doing, we have received comments from the World Intellectual 
Property Organization (WIPO) on the recommendations. The draft is now at the 
stage of being tabled at the Cabinet Secretariat.  
 
One of the recommendations is to h ave provisions from the Internet Treaties, 
Beijing Treaties and Marrakesh Treaties.  
 
In Zanzibar, the current stage is to present it to the Management Committee, 
Principal Secretaries Committee, Ministerial Committee then to House of 
Representative.   WT/TPR/M/384/Add.1  
 
- 134 - Section  Question  Response  
Additionally, Tanzania is also in a process to sign the four treaties namely the 
WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, 
Beijing Treaty, and the Marrakesh Treaty.  
 
Tanzania through the Ministry of Industry and Trade (Mainland), Minis try of 
Youth, Culture, Arts and Sports (Zanzibar), the Copyright Society of Tanzania 
(COSOTA), the Copyright Society of Zanzibar (COSOZA), and Tanzania League 
of the Blind has done Stakeholders meetings regarding Beijing Treaty. It is now 
to be tabled at t he Cabinet Secretariat.  
 
Regarding the Internet Treaties, the Ministry of Industry and Trade (Mainland), 
Ministry of Youth, Culture, Arts and Sports (Zanzibar), the Copyright Society of 
Tanzania (COSOTA), and the Copyright Society of Zanzibar (COSOZA) will  
conduct stakeholders' meetings for signing of the three treaties.  
Page 259 (Para 2.28)  The Secretariat Report  notes that "There are a 
number of other areas where foreign investors may not 
operate or do business in Tanzania, or where 
restrictions are proh ibitive" and gave the example of 
the tourism, extractive and fisheries sectors. Could 
Tanzania elaborate on whether it has plans to expand 
the list of such sectors or impose new requirements for 
foreign investors which would like to operate in these 
sector s in Tanzania?  We understand, it's a global practise to have some areas of business exclusively 
reserved to local people. Likewise, in Tanzania, there are some areas of 
business reserved for local people.  For example, foreign investors cannot 
operate in in land water fishing, trading in ornamental fish business. These 
restrictions are provided for in Fisheries Act No. 22 of 2003.  
 
Regarding the tourism, currently, the most ideal investment area or 
opportunities within the Tourism industry are Beach tourism, Accommodation 
facilities, Convention centres  and Cruise Terminals. The government of 
Tanzania has initially set aside guiding l aws and regulations regarding the said 
areas, where interested investors are invited to walk in and invest in whichever 
area of their interest without prohibition. Among the listed areas of investment 
as stipulated in the Tourism Act, 2008 Section 21.  
 
However, in Section 58 of the Act, prohibits foreign investors to invest in the 
following areas: - Mountain Climbing or Trekking, Car Rental or Hire, Travel 
Agents, Handling Agents and Tour Guide only (Foreigner Tour Guide can be 
given a permit under speci al circumstances). Meanwhile, the Government is 
considering expanding other areas in tourism.  
Page 260 (Paras 2.34 – 
2.35)  
 The Secretariat Report  notes that the 
telecommunications sector is designated as a priority 
sector by the government (Para 2.34), a nd that the tax 
exemptions granted to investments in 
telecommunication firms have been removed 
(Para  2.35).  
Could Tanzania elaborate on whether it has plans to 
remove tax exemptions in the other priority sectors?  The government is currently reviewing its  tax laws and outcomes will be 
announced.   WT/TPR/M/384/Add.1  
 
- 135 - Section  Question  Response  
Agriculture, Forestry, 
and Fisheries  
4.1.3 Fisheries (Page 
306)  Question Given the importance of the fisheries sector in 
Tanzania, please indicate whether/the extent to which it 
is facing the threat of Illegal, Un regulated and 
Unreported (IUU) fishing and the effort it has 
undertaken and/or is planning to undertake to address 
this issue.  IUU fishing is a big threat to Tanzania. This is commonly in the Exclusive 
Economic Zone (EEZ) of the country where there are som e foreign fishing 
fleets. To overcome this, the country has established the Deep -Sea Fishing 
Authority mandated for licensing of the vessels intends to fish in the EEZ. 
Furthermore, the authority is responsible for monitoring compliance to licensed 
vessel through monitoring and surveillance program mes.  
 
Fighting  against IUU fishing is not an easy task and mostly for developing 
countries like Tanzania. It is a costly exercise and due to resources constraints, 
LDCs, cannot afford to conduct surveillance 24hrs to curb illegal fishing.  
 
Tanzania, in collaboration with neighbouring countries conduct joint patrols to 
fight against illegal fishing, though not as much as it would have been 
expected.  
Part I I: Questions 
Regarding The 
Government Report  
 
The Strengths and 
Potential of the EAC 
Member States (Pages 
8-12)  Question  Though what means, if any, do the EAC 
countries promote mutually supportive trade and 
environmental policies, high levels of environmental 
protection and effective enforcement of environmental 
laws, whether they be in ag riculture, fisheries, forestry 
or other sectors?  
 EAC SECRETARIAT  
A Dynamic Trade Policy  
Overall Framework  
 Within the framework of WTO General Agreement on 
Trade in Services, the EAC countries made specific 
commitments across 11 sectors, namely, business  
services; communication; tourism; transport; financial; 
education; environment; recreational, cultural and 
sporting; health; distribution and construction; and 
related engineering services. Tourism services is the 
only common sector committed by all EAC c ountries. At 
the EAC level, EAC countries have concluded 
negotiations in seven sectors, namely: business; 
communication; distribution; financial; tourism and 
transport, where they have made deeper commitments 
to open their markets further than at the WTO G ATS 
level to facilitate the implementation of the common 
market. (Page 13)  
Question EAC has mentioned in the report that they 
have concluded negotiations in seven sectors but only 
six services sectors have been provided. Which is the 
remaining sector? In a ddition, please, elaborate on the 
specific commitments of the services sector, which are 
beyond the WTO/GATS level in term of Market Access, 
National Treatment or Additional Commitment.  EAC SECRETARIAT   WT/TPR/M/384/Add.1  
 
- 136 - Section  Question  Response  
Report by the 
Secretariat 
(WT/TPR/S/384 -01) 
 
Page 16,  para 2.5 -2.6  "2.5 In matters related to trade with third parties, EAC 
countries negotiate in principle as a bloc. Under the 
Customs Union Protocol, a member may separately 
negotiate bilateral trade agreements, subject to 
notification to the other members . Such agreements 
should not conflict with the provisions of the Customs 
Protocol. In principle, pursuant to the Trade 
Negotiations Act, 2008, negotiations are led by a Joint 
Trade Negotiations Commission. However, according to 
the authorities, the Act has  never been 
operationalized…  
 
2.6. The 2016 EAC Trade Negotiations Framework 
(TNF) is the main reference for trade negotiations with 
third parties.5 Its goal is to ensure that the 
Community's interests are properly considered in trade 
negotiations. Under the TNF, EAC's priority areas in 
trade negotiations include: the elimination of trade 
barriers related to customs, SPS and TBT issues; rules 
of origins that promote industrialization and value 
addition within the EAC; and the pursuit of tariff 
liberalizati on while ensuring the protection of "sensitive" 
sectors, infant industries and SMEs. "  
1. Under the Customs Union Protocol, a member may 
separately negotiate bilateral trade agreements, subject 
to notification to the other members.   
 
Question:  It is mentio ned in the report that "Under the 
Customs Union Protocol, a member may separately 
negotiate bilateral trade agreements, subject to 
notification to the other members." In this sense, can 
EAC countries negotiate bilateral trade agreement with 
another country  at their discretion? Is it required 
additionally to apply for authorization from EAC before 
the initiation of a bilateral FTA?  EAC SECRETARIAT  
Page 20, para 2.30   "2.30. All EAC countries are members of the African 
Union (AU). Negotiations for the African Continental 
Free Trade Area (AfCFTA) were launched in June 2015, 
and a consolidated text (the Protocol on Trade in 
Goods; the Protocol on Trade in Services; the P rotocol 
on Rules; and the Procedures on the Settlement of 
Disputes) was adopted in March 2018. As at August 
2018, 49 -member States had signed the AfCFTA, and 6, 
including Kenya and Rwanda, had ratified it. "  
 EAC SECRETARIAT   WT/TPR/M/384/Add.1  
 
- 137 - Section  Question  Response  
Question 2 . It is reported that the Africa is a ctively 
pushing forward the establishment of AfCFTA. Will it 
have an impact on the economic and trade cooperation 
between EAC and other WTO Members?  
Questions based on 
Report by the EAC 
(WT/TPR/G/384)  
 
Page3, para 1.7  
 "1.7. The EAC countries are members of other regional 
economic communities (RECs), namely, Common 
Market for Eastern and Southern Africa (COMESA): 
Burundi, Kenya, Rwanda and Uganda; Inter -
Governmental Authority on Development (IGAD): 
Burundi, Kenya, South Sudan, and Uga nda; Economic 
Community for Central African States (ECCAS): Burundi 
and Rwanda; and Southern African Development 
Community (SADC): Tanzania. All the EAC Countries 
are members of the African Union; the World Customs 
Organization, the World Health Organizati on, among 
others. In addition, the EAC Countries have signed the 
Tripartite Free Trade Agreement (TFTA) and the African 
Continental Free Trade Agreement (AfCFTA) and are in 
the process of ratifying them. Kenya and Uganda have 
ratified both the AfCFTA and T FTA, while Rwanda has 
ratified the AfCFTA. "  
Question 3 . Some EAC countries are members of 
different regional economic communities (RECs) 
simultaneously. In this case, how could an EAC country 
deal with such overlap or disparity among intricate 
rules and p rovisions of different RECs when conducts 
negotiating FTAs with another country?  EAC SECRETARIAT  
PART I: Questions 
Regarding the 
Secretariat Report 
(WT/TPR/S/38 4) 
East African Community 
(EAC) 
Summary  
Page 7 (Para 17)  
 Under the Report, the EAC countries continue to 
experience challenges in the harmonization of their 
regimes on SPS -related measures, standards and 
technical regulations, particularly concerning the mutual 
recognition of inspection certificates, and this 
contributes to further increasing trad e costs in the 
region.  
According to available information, Ukrainian companies 
are also adversely affected by burdensome certification 
procedures when exporting products to the EAC 
member States.  
 
Questions:  
Ukraine would appreciate if the EAC countries c ould 
share their views and intentions concerning possible 
simplification  of current certification regime, in 
particular for such items as food products, cosmetics, EAC SECRETARIAT   WT/TPR/M/384/Add.1  
 
- 138 - Section  Question  Response  
pharmaceuticals, household chemicals, fertilizers and 
seeds.  
 Are there any  plans for possible termination of 
necessity to obtain certificates for abovementioned 
goods?  EAC SECRETARIAT  
 What authorities are responsible for making decisions in 
this area at EAC level and in individual EAC countries?  EAC SECRETARIAT  
 What potential mechanism for cooperation between EAC 
members and third countries can be envisaged in the 
area of certification?  EAC SECRETARIAT  
1 ECONOMIC 
ENVIRONMENT  
1.1 Main Features of the 
Community  
Page 10 (Para 1.6)  
 The Report states, "Efforts are ongoing with a view to 
strengthening financial operations within the region. 
The African Development Bank is funding the EAC 
Payment and Settlement Systems Integration Project 
(EAC-PSSIP). The objective of the Project is to 
contribute to the modernization,  harmonization and 
cross-border interoperability of payment and settlement 
systems for commercial, securities market and retail 
transactions across the EAC. A cross -border payment 
system was launched in 2013, allowing traders in the 
Community to conduct re al-time transactions in their 
local currencies. In 2018, the East African Legislative 
Assembly passed the East African Monetary Institute 
Bill, establishing the EAC Monetary Institute as a 
transitional institution in charge of carrying out the 
preparatory work for the monetary union."  
 
Questions:  
5. Taking into account involvement of the EAC member 
States' banks and financial institutions in this process, 
could the EAC, please, describe indicators of a non -
transparent ownership structure and approaches to 
revealing banks' beneficial owners, which are used by 
the central banks in the EAC countries?  EAC SECRETARIAT  
 What are the types of activities of non -banking financial 
institutions requiring authorization/licensing?  EAC SECRETARIAT  
 What are the key requirements to non -banking financial 
institutions applying for the authorization/licensing?  EAC SECRETARIAT  
 What are the approval procedures, including verification 
of sources of funds used for capital formation, 
assessment of financia l standing, business reputation 
and transparency of applicants' ownership structure?  EAC SECRETARIAT  
2 TRADE AND 
INVESTMENT REGIMES  
2.5 Investment Regime  According to the Report there is no investment 
agreement between EAC members, although their EAC SECRETARIAT   WT/TPR/M/384/Add.1  
 
- 139 - Section  Question  Response  
Page 20 (Para 2. 33) 
 objective is to promote the Community as a single 
investment area.  
 
Question:  
9. In the context of the investment regime and the 
EAC's objective to "promote the C ommunity as a single 
investment area", could the EAC elaborate on the 
harmonization proposals for VAT and excise taxes rates 
that were developed for consideration by the finance 
ministers in November 2018, as well as on the results 
of such deliberations?  
3 TRADE POLICIES AND 
PRACTICES BY 
MEASURE  
3.3 Measures Affecting 
Production and Trade  
3.3.3 Sanitary and 
phytosanitary measures  
Page 36 (paragraphs 
3.72 – 3.73)  
 The Report states that the EAC Treaty requires the 
countries to harmonize sanitary and phytosanitary 
(SPS) measures for pest and disease control. Under the 
Customs Union Protocol, the EAC countries are to 
cooperate in several areas, including SPS measures. In 
this context, an SPS Protocol was developed in 2013, 
based on the prov isions of the WTO SPS Agreement. As 
of December 2017, harmonized measures and 
procedures have been developed for plants; mammals, 
birds and bees; fish and fishery products; and food 
safety.  
According to information, provided in Table 3.8 (Para 
3.72), in th e absence of relevant EAC standards and 
member States' standards in the area of food safety, 
international food and feed safety standards, such as 
Codex Alimentarius, IPPC and OIE, must be used.  
To date, the SPS Protocol has been ratified by Rwanda, 
Burund i, Kenya and Uganda.  
Questions:  
Would the East African Community kindly confirm that 
harmonization of its SPS measures is based on 
international standards, guidelines or 
recommendations, as required under the WTO SPS 
Agreement?  
11. Have mentioned harmonized measures and 
procedures being already used in the EAC countries?  EAC SECRETARIAT  
 Have mentioned harmonized measures and procedures 
being already used in the EAC countries?  EAC SECRETARIAT  
 Does the EAC undertake any type of consultations with  
domestic and international stakeholders during this 
process?  EAC SECRETARIAT  
 What are particularities of control, inspection and 
approval procedures in case of the absence of relevant 
EAC standards and member States' standards in the EAC SECRETARIAT   WT/TPR/M/384/Add.1  
 
- 140 - Section  Question  Response  
area of food safety? What competent bodies are 
responsible for undertaking such procedures at import 
stage?  
 Ukraine would also appreciate if Tanzania could inform 
of its status and plans of participation in the process of 
harmonization of SPS measures  and procedures at the 
EAC level.  Response provided in Answer No. 2 by United States  above   
Page 36 (Para 3.74)  The Report mentions a mutual recognition procedure for 
veterinary vaccines and pharmaceuticals, which was 
adopted in 2015, together with a harm onized 
registration system.  
 
Questions:  
Could the EAC, please, elaborate more on mentioned 
mutual recognition procedure for veterinary vaccines 
and pharmaceuticals and harmonized registration 
system?  EAC SECRETARIAT  
 Are these procedure and system applied in all EAC 
member States?  EAC SECRETARIAT  
3.3.5 Intellectual 
property rights  
Page 38 (Para 3.8 3) According to the Report "Counterfeiting and piracy of 
trademarks and copyrights remain a serious challenge 
to IPR protection in the region".  
 
Question:  
Would the EAC member States kindly inform how they 
are planning to address these matters, considering that 
only Burundi is a member of WIPO Copyright Treaty, 
and only Kenya has acceded to the Madrid Agreement 
Concerning the International Registr ation of Marks?  Regarding the Piracy, Tanzania is in a Process to sign the WIPO Copyright 
Treaty and the WIPO Performances and Phonograms Treaty and to amend the 
Copyright and Neighbouring Rights Act No. 7 of 1999.  
 
Tanzania Mainland through a formalizati on Committee comprising of the 
Copyright Society of Tanzania, Tanzania Film Board, National Arts council and 
Tanzania Revenue Authority fight piracy and have more plans to strengthen the 
fighting against piracy in Mainland Tanzania. However, Tanzania will continue to 
have more Ad Hoc Task Force raids comprising of all stakeholders in counterfeit 
and piracy.  
 
For the Zanzibar, task force committee comprise of, Police, Zanzibar Revenue 
Board, the Copyright Society of Zanzibar, right holders, Zanzibar Arts and  Music 
Council and Immigration.  
TRADE POLICIES BY 
SECTOR  
4.4 Services  
Page 43 (Para 4.34)  The Report mentions mutual services liberalization 
plans of the EAC countries.  
Question:  
Could the EAC member States provide more details 
concerning their vision of future policy in trade in 
services, in particular, intentions of participation in 
negotiations on disciplines on domestic regulation in 
services?  EAC SECRETARIAT  
THE STRENGTHS AND 
POTENTIAL OF THE EAC 
MEMBER STATES  
 Paragraph 4.4. of the Report WT/TPR/G/384  indicates 
that the EAC countries are rolling out other trade 
facilitation initiatives including: trade portals, call 
centres and business development services.  EAC SECRETARIAT   WT/TPR/M/384/Add.1  
 
- 141 - Section  Question  Response  
Business Environment  
 In this regard, could the EAC provide further 
information on tra de facilitation measures for the 
provision of business development services available to 
Members that are not part of the Community?  
A DYNAMIC TRADE 
POLICY  
 
5.1Overall Framework  
 Paragraph 5.4. of the Report  WT/TPR/G/384  mentions 
that within the framework of the WTO General 
Agreement on Trade in Services, the EAC countries 
have made specific commitments across 11 sectors, 
namely, business services; communication; tourism; 
transport; financial; education; environment; 
recreational, cultural and sporting; health; distribution 
and construction; and related engineering services. 
Tourism services is the only common sector committed 
by all EAC countries.  
 
From the perspective of the EAC Members regarding 
tourism services:  
 
What would be the main areas of interest to improve 
GATS commitments in "services related to tourism and 
travel"?  EAC SECRETARIAT  
 What service sectors could be considered related to the 
development of the tourism industry?  EAC SECRETARIAT  
3 TRADE POLICIES AND 
PRACTICES BY 
MEASURE  
Paragraph 3.5, page 
267 
 "There have been no significant improvements in 
customs clearance times during the review period and, 
in some cases, some deterioration has occurred. For 
example, the average time to clear goods through Dar  
es Salaam port increased from 9 to 11 days during the 
review period. This can be attributed to changes in 
moving from an outside company to insourcing all 
customs processing, larger volumes of trade, and more 
goods in transit."  
 
EU Question N°78: Could Ta nzania provide 
reassurance to importers that customs procedures and 
clearance times will improve in the near future, and 
how do they expect this improvement to be achieved?  Under the current review period, the clearance time have reduced to 9.4 days 
for ports and 3 days at airport. This has happened due to the following:  
 
• The introduction of the Tanzania Customs Integrated System (TANCIS) which 
simplified the clearing process. The system has been linked to OGDs 
responsible for clearing goods;  
• Port expansio n to reduce congestion;  
• Operationalization of One Stop Border Post (OSBP) and Single Customs 
Territory; and  
• 24/7 hours' workings at all point of entries.  
 
Paragraph 3.69, page 
282 
 "The Act provides that all commercial activities and 
bodies are subject to its provisions, including state -
owned enterprises (SOEs) engaged in commerce. 
Although state enterprises are covered, they are not 
liable for penalties or offenses under the Act. Th e FCA 
does not control anti -competitive practices in a number 
of sectors where there is a regulator. These include the 
Energy and Water Utilities Regulatory Authority The Government is studying the impact (advantages and disadvantages) of FCA 
on sectors that are currently included. Should the facts dictate the need to 
extend the scope of the FCA to sectors that are currently excluded,  then the 
Government (everything else given) may potentially decide to do so.   WT/TPR/M/384/Add.1  
 
- 142 - Section  Question  Response  
(EWURA) for the energy and water sectors; the Surface 
and Marine Transport Regulatory Aut hority (SUMATRA) 
for surface and marine water transport; the BOT for 
banking services; the Tanzania Civil Aviation Authority 
for civil aviation; and the Tanzania Communications 
Regulatory Authority for electronic and postal matters."  
 
EU Question N°79: Does Tanzania envisage to 
extended penalties or offenses under the Act to SOEs? 
Does Tanzania envisage to extend the scope of the FCA 
to sectors that are currently excluded?  
Paragraph 3.73, page 
283 
 "The number of cases regarding competition over the 
review period was 25. There has been a steady rise in 
the number of merger applications dealt with, rising 
from 24 in 2012 to 61 in 2017."  
 
EU Question N°80: Could Tanzania provide additional 
details on the enforceme nt record of the Fair 
Competition Commission (FCC) (number and types of 
cases treated, type of decision taken, sectors 
concerned, etc.)?  Number of applications dealt with from January 2018 to date is 78. Among 
which 56 approved without conditions, 5 approv ed with conditions, and 17 
ongoing mergers. The major five sectors under acquisitions are:  
(vi) Energy and Petroleum sector;  
(vii) Telecommunications;  
(viii)  Banking sector;  
(ix) Insurance; and  
(x) Manufacturing.  
 
Paragraph 3.95, page 
288 
 "The new legislation in 2012 on plant breeders' rights 
for the Mainland created a new and independent 
protection system for plant varieties that were not 
registrable under the Patents Act. It establishes a Plant 
Breeders' Rights Registry for the granting of plant 
breeders' rights and for the f acilitation of the transfer 
and licensing of plant breeders' rights. It also sets out 
criteria or conditions for varieties that may be 
protected. The Zanzibar Plant Breeders Rights Act, 
2014 mirrors the Mainland's Act, and basically contains 
the same or si milar provisions."  
 
EU Question N°81: Could Tanzania explain how the 
new protection system of new plant varieties works in 
Tanzania? We would like to get more information in 
particular about the preconditions to get protection for 
a new plant variety, the scope of protection and if 
Tanzania applies the breeder's exception and the 
farmers' privilege and if it does, what the scope of 
these exceptions is.  
 In Tanzania, the Plant Breeders'  Rights (PBR)  Office started the initiatives to 
align its Act with the UPOV system by putting in place a law which is compliance 
to the UPOV Convention of 1991.  
 
Conditions of protection : The protection of varieties under t he PBR Act 2012 
is applied to all plant genera and species:  
(g) The breeder's right shall be granted with respect to a variety which is new, 
distinct, uniform and stable;  
(h) The grant of the breeder's right shall not be subject to any further or different 
conditi ons, provided that the variety is designated by a denomination which be 
its generic designation and no rights in the designation registered as the 
denomination of the variety that shall hamper the free use of the denomination 
in connection with the variety  even after the expiration of the breeder's right. 
The applicant complies with the formalities provided for under this Act and that 
he pays the required fees;  
(i) Shall enable the variety to be identifiable;  
(j) Shall not be liable to mislead or to cause confusio n concerning the 
characteristics, value or identity of the variety or the identity of the breeder;  
(k) Shall be different from every denomination which designates, in the territory of 
any member of international organization dealing with plant breeders rights 
matters to which Tanzania is a party, an existing variety of the same plant 
species or of a closely related species; and  
(l) May not consist solely of figure except where this is an established practice for 
designating varieties.   WT/TPR/M/384/Add.1  
 
- 143 - Section  Question  Response  
Furthermore, the breeder's ri ght shall be granted with respect to: - 
 
Novelty . The variety shall be deemed to be new if at the date of filling of the 
application for a breeder's right, propagating or harvested materials of the 
variety has not been sold or otherwise disposed off to any person by or with the 
consent of the breeder for the purposes of exploitation of the variety: a) in the 
territory of the United Republic of Tanzania, earlier than one year before the 
date of filling the application, b) in a territory other than that of the  United 
Republic of Tanzania: i) earlier than four years; or ii) in the case of trees or 
vines, earlier than six years before the said date.  
Distinctness : A variety shall be deemed to distinct where it is clearly 
distinguishable from any other variety whos e existence is a matter of common 
knowledge at the time of filling of the application  
Uniformity : A variety shall be deemed to be uniform if, subject to the variation 
that may be expected from the particular features of its propagation, it is 
sufficiently uniform in its relevant characteristics  
Stability : A variety shall be deemed to be stable, where its relevant 
characteristics remain unchanged after repeated propagation or in the case of a 
particular cycle of propagation, at the end of each cycle.  
 
Additi onally, the application is accompanied by a fee prescribed in the PBR 
regulation 2018 (US$ -200) 
The scope of protection:  
3) The breeder's right granted under PBR Act 2012 shall expire after twenty years 
from the date of the grant except for trees and vines wh ose breeder's right 
shall expire after twenty -five years from the date of grant.  
4) The term may be extended for an additional five years, by a written notice to 
the registrar given by the holder of the breeder's right six months before the 
expiration of the  original term.  
 
Tanzania applies the breeder's exception and farmers' privilege with the 
following conditions in which the breeder's right shall not extend to:  
(m) Acts done privately and for no -commercial purposes;  
(n) Acts done for experimental purposes; and  
(o) Acts done for the purpose of breeding other varieties  
 
In addition, the breeders rights shall not extend to a farmer who, within 
reasonable limits and subject to safeguarding of the legitimate interests of the 
holder of the breeder's right, uses for propagating purposes on his own holding, 
the product of the h arvest which he has obtained by planting on his own 
holding, the protected variety or a variety that is essentially derived from the 
protected variety where the protected variety is not itself an essentially derived 
variety.   WT/TPR/M/384/Add.1  
 
- 144 - Section  Question  Response  
TRADE POLICIES BY 
SECTOR  
Para graphs 4.68, 4.69 
and 4.70, pages 310 
and 311  
 The Secretariat's report refers to possible restrictions 
based on the "Natural Wealth and Resources Act", 
"Natural Wealth and Resources Contracts Act", Written 
Laws Act" (2017), the "Local Content 
Regulations "/Mining Act (2018) and "Mining 
regulations" (2016/2018). "The Government may 
render existing mining contracts null and void".  
EU Question N°82: These requirements referred to 
above distinguish between enterprises owned by 
Tanzania and by foreigners. Coul d Tanzania guarantee 
that discriminatory provisions of its national law will not 
be applied?  TBD 
Paragraph 4.114, page 
327 
 Important changes were introduced in 2017 to the 
Insurance Act including the requirement that insurance 
brokers be at least two-thirds owned and controlled by 
Tanzanian citizens (previously it was one -third). This 
would seriously limit foreign companies' willingness to 
invest in the financial sector of Tanzania with 
consequent reductions of foreign investment in this 
economic s ector.  
EU Question N°83: Would Tanzania consider reversing 
this recent change?  
 The requirement for two -thirds local ownership and control of insurance brokers 
is aimed at enhancing the participation of Tanzanians in the insurance sub -
sector. Prior to this  change, the requirement was one -third local ownership – 
which has worked fairly well. There are no evidences that the increased ratio of 
local ownership and control of insurance brokers has reduced foreign 
investment in the insurance sector. The Governmen t is studying the impact of 
the increased requirement and may consider reversing the change, should the 
facts dictate the need to do so.  
However, in the event there is a serious investor who desires to establish an 
insurance broking firm in Tanzania and has a difficulty in complying to the two -
thirds local ownership requirements, Section 140 of the Insurance Act 
empowers the Minister of Finance to grant an exemption to such an investor 
from complying to the said requirement if he considers it to be in pub lic 
interest, and subject to any terms and conditions he may think fit to impose  
Paragraph 4.115, page 
327 
 A new circular was issued in 2017 which put in place 
new restrictions on foreign reinsurers and reinsurance 
brokers. The main provisions of the circular are 
amongst others that all foreign reinsurance 
arrangements are subject to prior approval by the 
Tanza nia Insurance Regulatory Authority (TIRA) 
whereby insurers seeking to externalise an insurance 
risk must first attempt to use the services of locally 
registered insurance brokers. The circular also 
introduces an additional levy for facultative placements 
outside the country. This might seriously limit 
Tanzanian insurers to benefit from potentially lower 
prices and expertise from foreign reinsurers which will 
ultimately harm the national insurance sector.  
EU Question N°84: Would Tanzania consider reversing 
this recent change?  
 The main objective of the said Circular is to address key challenges in 
reinsurance dealings within the industry which include, but not limited to, the 
following aspects:  
 
(i) Excessive use of International Facultative Reinsurance 
Arrangem ents even in situations and cases which could safely 
be accommodated under Treaty Reinsurance Arrangements;  
(ii) 100% externalization (fronting) of risks which could partly be 
retained locally;  
(iii) Poor involvement of local insurance companies in participating 
in assuming parts of risks intended to be externalized through 
co-insurance arrangements;  
(iv) Dealing with poorly rated or unrated foreign reinsurers;  
(v) Dealing with un -accredited reinsurance companies and 
reinsurance brokers (whose legal and financial standing is 
unknown); and  
(vi) Concealing of ultimate destination of reinsurance premium 
payments through the use of reinsurance brokers or a series 
of reinsurance brokers.   WT/TPR/M/384/Add.1  
 
- 145 - Section  Question  Response  
So far, the provisions of the Circular have worked well having enabled the 
Government to reduce irreg ular reinsurance practices in the market whilst 
providing a conducive environment for the prudent and financial sound 
reinsurance companies and brokers (both foreign and local) to participate in the 
Tanzania insurance business. The Government is not planni ng to reverse the 
requirements of the Circular.  
Table A1.3, page 342 
and table A1.6, page 
345 
 Question N°85: Could you please explain some 
changes in trade such as: a) the variations in 
merchandise exports to Switzerland between 2015 and 
2017? b) the recent increase in merchandise exports to 
Vietnam? c) the steady decline in merchandise exports 
to China between 2014 and 2017? d) the variations in 
merchandise imports from India between 2014 and 
2017?  
 The merchandise exports from Switzerland rose from 304,642.7  Tshs in 
2015 to 414,033.9 Tshs. in 2017  
 
Exports from Viet  Nam 
The merchandise exports rose from 138,425 in 2015 to 699,593.4 in 2017  
 
Exports from China  
The merchandise exports declined from 645.9 in 2015 to 142.3 in 2017  
 
Variation in Merchandi se imports from India was 2,147.6 in 2015 to 
1,408.1 in 2017  
Paragraph 3.12, page 
269 
 According to the Annex -4 paragraph 3.12, Tanzania 
plans to ratify the Trade Facilitation Agreement by the 
end of FY 2018/19. Please share the status quo with the 
Members.  See response to Question No. 9 by the United States  
Report by the 
Secretariat 
(WT/TPR/S/384) – 
Annex 4 Tanzania  
2 Trade and Investment 
Regimes  
2.4 Investment Regime  
2.4.5 Business 
environment and 
taxation  
Page 264, Paragraph 
2.43 The report states  that, in 2018, Tanzania ranked 137th 
in the World Bank's Ease of Doing Business rankings 
and was 15th among sub -Saharan African countries. 
Tanzania's position has gradually deteriorated over the 
review period; Tanzania was ranked 127th in 2012. The 
Govern ment has recognized this situation and has 
identified four areas in particular for improvement - 
business licensing, land reforms, registration of 
businesses, and registration of persons.  
 
Question 28  
What steps is Tanzania be taking to improve its ease of  
doing business ranking?  Some efforts are being taken by the Government to improve ease of doing 
business. These include the following:  
 
(v) Export and Import procedures and requirements are easily available in Tanzania 
Revenue Authority website and in websites of other government departments 
and in the Trade Information Portal/Module;  
(vi) Freedom of transit is offered;  
(vii) Ongoing various infrastructures developments to support trade including power 
projects; and  
(viii)  BLUEPRINT implementation to address specific co ncerns by the private sector to 
further enhance and improve business environment in the country.  
 
We have established the National Committee on Trade Facilitation to oversee 
the implementation of trade facilitation issues in the country.  
 
FROM ZANZIBAR  
In improving ease of doing business ranking several steps has been taken. 
These includes:  
(iv) Establishment of electronic registration process to ease the process of business 
start-up. In this process business registration application can be done online. 
Thus, th e application procedures have been reduced from 10 steps to 3;  
(v) Reform of business licensing regime, whereby an entity (Business licensing 
Reform Council – BLRC) has been established to simplify and streamlining 
licensing procedures and eliminate unnecessar y steps and time -consuming  WT/TPR/M/384/Add.1  
 
- 146 - Section  Question  Response  
procedures in obtaining licenses. The entity has set guidelines of procedures or 
steps to be followed by all licensing Authorities. Under these guidelines , the 
procedures and steps of licensing application has been reduced from 1 0-20 up 
to from 1 – 7; and  
(vi) Strengthening one stop centre in processing application of investment 
certificate.  
 
However, there are plans for every licensing Authority to establish online 
licensing application and e - payment system. To reduce administrative burdens 
in the application of license.  
 
Also, there is program me underway of establishment of one window clearance 
at the port that aim at the compilation of all documents required at the entry 
point during the process of exportations and importation of goods. This will 
reduce number of documents required and time.  
 Question 29  
Could Tanzania provide more information on any 
initiatives underway or planned to improve business 
licensing, land reforms, registration of businesses, and 
registration of persons?  TBD 
Report by the 
Secretariat 
(WT/TPR/S/384) – 
Annex 4 Tanzania  
 The report describes policy changes made by Tanzania 
towards the mining sector, such as the Government's 
power to render existing mining contracts null and void, 
increased royalty tax rates, the holding of the country's 
national resources in trus t by the President, the review 
of existing natural resource contracts and the 
adjudication of investment disputes in domestic courts. 
The report also describes changes made by the Local 
Content Regulations 2018.  
Question 30  
Australia commends Tanzania for changes recently 
made to its Local Content Regulations 2018. Does 
Tanzania intend to amend other regulations under the 
Mining Act to ensure compatibility with the legal and 
commercial requirements that typically apply to project 
debt financing for foreign investors?   
 Question 31  
Could Tanzania provide clarity on how it intends to deal 
with existing retention licences?  
 The amendments made to the Mining Act Cap 123 in 2017 repealed sections 37 
and 38 which provided for the retention licences. All repealed retention Licences 
were reverted to the Government. The Government may assign them to any 
person as it may deem appropriate.  
 Question 32  
Could Tanzania clarify how it intends to assess the level 
of free carried interest for any given mining project, 
and how this works in practice?  
 • Government acquisition of 16% free carried interest is a legal requirement 
under Section 10 of the Mining Act, 2010 as amended by the written Laws 
(Miscellaneous Amendment) Act No. 7 of 2017. The Government is required to 
have not less than 16% non dilutable free carried interest shares in the capital 
of a mining company conduction Mining, operations under a Mining licence or a  WT/TPR/M/384/Add.1  
 
- 147 - Section  Question  Response  
special Mining licence. The Government is further entitled to acquire up to 50% 
of the Mining company resulting from the total expenditure incurred by the 
Government in favour of the Mining Company.  
 
• It should be clearly understood that, the minimum non -negotiable shares to 
be acquired by the Government shall be 16%. Note that, the Government, in 
this regard, shall acquire up to a total of 50% share. However, the amount of 
share to be acquired by the Government shall depend on the type of minerals 
and the level of investment as shall be determined by the total value of the 
expenditure incurred by the Go vernment in favour of the mining Company.  
• This is intended to bring a win -win situation in the mining extractive industry. 
Therefore, investors are encouraged to calculate their returns to the 
Government while bearing this in their mind.  
• The Government is underway to issue directives on how the same shall be 
implemented.  
Report by the 
Secretariat 
(WT/TPR/S/384) – 
Annex 4 Tanzania  
4 Trade Policies by 
Sector  
4.2 Mining and Energy  
4.2.1 Mining  
4.2.1.2 Production and 
Trade  
Page 312, Paragraph 
4.76 
 The report states that Tanzania's export ban on gold 
and copper mineral concentrates has caused Tanzania's 
mineral ore exports to decline from 16% to 2%.  
 
Question 33  
Does Tanzania anticipate lifting this export ban in the 
future? What plans are in place to develop T anzania's 
onshore processing capacity for its minerals?  
 • On 25th January 2019, the Government of Tanzania issued the guidelines on 
mineral value addition. Those guidelines are known as THE MINING (MINERAL 
VALUE ADDITION) GUIDELINES, 2019. These guidelines clarify stage of 
beneficiations for each category of minerals be fore being exported. According 
to the guidelines, gold dore, and copperdore are allowed for export. The ban 
on export of gold and copper concentrates is to allow for local processing of 
the gold dore and copper dore stages. Therefore, lifting up of the ban  is not 
anticipated.  
• Tanzania is encouraging the development of mineral processing industries. 
This include, among other, the establishment of smelters and refineries for 
metallic minerals. In small scale mining, the Government has constructed 
three demons trations centres to promote construction of such industries by 
small scale miners.  
 Participation of women in the economy in the EAC 
countries  
 Tanzania has been at the forefront of creating a Positive Legal Framework and 
Political Context for Gender Equality. Women's important contribution to 
economic activity in Tanzania is well recognized.  
In the 2018 World Economic Forum Global Gender Gap report Tanzania was 
ranked number 72 globally, out of 149 countries, in terms of women's economic 
participation . Both government and civil society articulate the importance of 
gender equality, and numerous policies and strategies identify the need for 
continued progress. As part of its commitment to achieving the Millennium 
Development Goals (MDGs), especially MDG 3, relating to promote gender 
equality and empowerment women.  
 
Tanzania Five Year Development Plan has recognized economic empowerment 
for women as one of the important factors for rapid social and economic 
development in the country. In addition, Tanzania  has developed National 
Strategy for Gender Development which spells out various strategies for gender 
development including women economic empowerment in the country.   WT/TPR/M/384/Add.1  
 
- 148 - Section  Question  Response  
3.1 Measures directly 
affecting imports  
3.1.1 Customs 
procedures, valuation, 
and requirements  
 Paragraph3.3 of the Secretariat's report reads as 
follows: "In 2014, the Mainland launched the Tanzania 
Customs Integrated System (TANCIS). It is a 
web-based system that was fully implemented at all 
customs posts in June  2015. It has progress ively 
replaced paper documents with a paperless 
environment, leading to significant cost and time 
savings. It also allows customs to perform real -time 
monitoring, risk management and intelligence 
operations. However, for goods entering through 
Zanzibar, im porters must use its electronic system, 
ASYCUDA++. The TANCIS and ASYCUDA++ allow 
transferability of information to other EAC partner 
countries. Tanzania's single window system (eSWS) is 
expected to be finalized by the end of 2018. As of 
August  2018, the T ANCIS had incorporated about ten 
other government institution operations into the 
system."  
1. Concerning trade facilitation, it is important that we be 
provided with further information on the Tanzania 
Customs Integrated System, in particular as regards 
risk management and real -time monitoring. In this 
respect, we are interested to know whether the risk 
management system is a comprehensive system that 
includes aspects pertaining to control by agencies other 
than customs and, regarding real -time monitoring, 
whether this refers to the satellite tracking of shipments 
in transit or being imported.  The systems as well as performs the Risk management through the Risk 
management module function. Through this module functions the following: - 
• Selectivity;  
• Simulation;  
• Compliance level for importer and Declarant (Clearing and Forwarding Agent -
CFA); and  
• Statistical data.  
Selectivity:  
4. Under this criterion, the system selects the goods basing on its criterion 
settings, either red, yellow or green;  
5. It allows the verification/  inspection at all points of entry/exit; and  
6. Basing on this function, the system can route the goods to scanner or physical 
verification (red).  
 
Simulation:  
3. Mainly function is basing on Importer/Exporter History; and  
4. Focusing on HS Code classification, Val uation or Rules of origin.  
Compliance:  
3. Basing on Tax Identification Number; and  
4. The system gives the statistics in regard to importer/exporter or country of 
origin as per set aside criteria.  
 
Page 275 (Para 3.1.7)  Tanzania has certain local content rules that apply to 
certain sectors of its economy, mainly in the extractive 
sectors. The relevant laws and regulations have been 
strengthened during the review period to increase local 
content requirements, require technology transfer, or 
otherwise put conditio ns on foreign operations, e.g. to 
use domestic banks, insurers, and service providers. 
According to the authorities, the National Economic 
Empowerment Council (NEEC) is the coordinator, 
supervisor, and facilitator, and monitors local content 
implementation  measures  
 
Question 1  
The Republic of Korea wishes to raise its concerns 
regarding Tanzania's recently strengthened 'local 
content rules', the application of which appears to 
constitute import restrictions. In addition to the The local content law does not provide  restrictions on importation. In contrast, 
the law requires is local companies to be given preference if they can supply the 
goods or services required. If the local companies do not have the capacity to 
supply, then a foreign company should enter into a j oint venture with a local 
company.  
 
In the case it is impossible to get a local company to enter into a joint venture, 
the contractor should request for permission to procure from a foreign company 
subject to certain conditions. Read Section 219 of the Pet roleum Act of 2015 
and the Petroleum regulation (local content) Regulations of 2017.   WT/TPR/M/384/Add.1  
 
- 149 - Section  Question  Response  
extractive sectors where local  content requirements are 
articulated in laws and regulations, there are several 
items across various sectors where foreign companies 
are not allowed to export due to relevant Government 
orders or tender requirements.  
Page 335 (Para 4.137)  
 Tourism is a non -Union matter; thus, policies and laws 
differ for the Mainland and Zanzibar … In January 2018, 
the Ministry of Natural Resources and Tourism made 
changes to the licensing structure and associated fees 
for tour operators, in order to make it less costly for 
local small companies to operate, while at the same 
time increasing the fee for large foreign operators. (For 
foreign tour opera tors with a fleet size greater than 30 
vehicles, the fee was increased from USD 5,000 to 
USD 7,500 per year and, if over 50 vehicles, it was 
further increased to USD  10,000. For local operators, 
the fee was reduced for small operations with 1 -3 
vehicles, t o USD 500 from USD 2,000; it remains the 
same for operators with 4 -10 vehicles, at USD  2,000 
and increases to USD 3,000 for those with 11 -50 
vehicles, and to USD  5,000 for those with more than 51 
vehicles. Foreign tour operators with less than 10 
vehicles are prohibited)  
 
Question 2  
Could the Tanzanian government explain why it has 
changed the licensing structure and associated fees for 
tour operators, making it less costly for local companies 
while increasing the fee for foreign operators? In 
particular, the Republic of Korea would like to know why 
Tanzania has prohibited small foreign companies with 
less than 9 fleets to be tour operators.   
Secretariat Report – 
Annex 4 Tanzania  
2.2 Trade Policy 
Formulation and 
Objectives, pg . 255, 
para. 2.10  
  It is mentioned in the report that " Tanzania 
implemented the Tanzania Trade Integration Strategy, 
2009-13, to strengthen trade sector development and 
identify development needs and priorities within the 
Tanzanian trade sector. An export strategy was also 
develop ed in 2009 for the period 2010 -14, in order to 
support export -led growth and to build upon the 
National Trade Policy. The policy targeted a number of 
priority sectors, including agriculture, tourism, mining, 
and forestry and bee -keeping, to increase export  
competitiveness and boost exports. A separate Export 
Development Strategy was developed for Zanzibar.   WT/TPR/M/384/Add.1  
 
- 150 - Section  Question  Response  
According to the authorities, both strategies continue to 
guide Tanzania in their respective areas."  
Could Tanzania kindly provide further information ab out 
the above -mentioned strategies? Are there any targets 
determined for exports and import value under this 
strategy? Did Tanzania achieve these targets?  
 
 
   WT/TPR/M/384/Add.1  
 
- 151 - REPLIES BY KENYA  
WTO Member  Questions  Responses  
UNITED STATES  Annex 2 Kenya  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
Customs  
Follow -up on page 22 : The United States appreciates 
Kenya 's response to its question on the processes and 
planning for its single window, TradeNet system. Kenya 
noted that several government agencies made 
commitments to spe cific timelines for cooperation under 
the system with a Memorandum of Cooperation, and 
KenTrade provides statistics tracking progress.  
Please clarify if Kenya 's plan is to include additional 
stakeholders when the TradeNet System is available to the 
public,  or alternatively provide a timeline when Kenya will 
make it publicly available.  Answer: The TradeNet System is available to all users who require the single 
window services for import and export related transactions. Kenya will continue 
to bring on board more Government Agencies who have a role in international 
trade. Statistics to track progress are shared with the Port Community 
stakeholders at scheduled meetings that brings together both private and public 
sector stakeholders.  
The TradeNet System is als o integrated with some private sector systems such 
as insurance companies offering Marine Cargo Insurance and Kenya will 
continue to integrate with other private sector systems on a need basis.  
Follow -up on page 23:  The United States appreciates 
Kenya 's response to its question regarding Kenya 's 
commitments under the COMESA FTA. Kenya noted that 
Tanzania does not provide preferential tariff rates for 
products from COMESA members, and that Kenya and 
other EAC partner states do not provide preferential tari ff 
rates for products from SADC where Tanzania is a 
member.  
Please clarify whether Tanzania applies different rates of 
duty on products originating from SADC countries than the 
other EAC partner states apply on those same products 
originating from SADC co untries.  Tanzania as a SADC Member State is implementing the SADC FTA by charging 
zero rate on products originating from SADC countries. However, Tanzania has 
requested for derogation on sugar and some tariff lines under Headings 48.04 
and 48.05 and charge s a rate of 25%.  
Other EAC Partner States do not provide preferential tariff rates for products 
from SADC where Tanzania is a member.  
Please clarify how the EAC applies EAC rules of origin to 
prevent the re -export of products imported to Tanzania 
originating from SADC countries.  Goods originating from Tanzania to Kenya, must be accompanied by a certificate 
of origin, certifying that they have been produced in Tanzania. Goods not 
produced in Tanzania, in this case, imported from SADC, do not have this 
certificate, and therefore attract CET rates.  
Procedure to prevent re -export of non -originating products:  
i) The Competent Authority in Tan zania registers the exporters 
and the products which has been confirmed to meet the 
requirement of the EAC Rules of Origin;   WT/TPR/M/384/Add.1  
 
- 152 - WTO Member  Questions  Responses  
ii) Re – exportation of EAC originating goods is only allowed 
when goods remain under customs control and do not undergo 
any operations;  
iii) Customs in the receiving Partner State will verify to ascertain 
whether the goods are among those listed to be manufactured 
by the registered exporter; and in case of doubt the receiving 
Partner State may request for further information on how 
origin was met, and if not satisfied will request for joint on - 
the - spot verification  
Follow -up on page 16 : Please provide information on 
the following:  
Please confirm whether or not each EAC member is 
applying a levy or using trade measures to contribute to 
the African Union peacekeeping initiative. If so, please 
provide details about these levies and/or trade measures.  Kenya is compliant with its budget contributions to the AU Peace Mission 
Initiatives through normal budget. No Trade measures are used.  
 
Trade Remedies  
Follow -up on page 24: The United States noted that the 
Kenya Trade Remedies Act of 2017 was published in the 
Kenya Gazette in August 2017  
 but had not yet been notified to the relevant WTO 
committees on antidumping, subsidies and countervailing 
measures, and safeguards. The United States asked when 
Kenya plans to notify this legislation to the relevant WTO 
Committees. Kenya indicated it will notify the WTO when it 
establishes its administering authority but did not answer 
our question concerning th e notification of its trade 
remedies legislation to the WTO.  
 
When does Kenya plan to notify its trade remedy 
legislation (i.e., the Kenya Trade Remedies Act of 2017) to 
the WTO?   
 
 
 
 
 
 
 
By July ,2019  
Intellectual Property Rights  
Follow -up on page 26: The decision for issuing a license 
to collect royalties for authors and publishers of musical 
works was deferred for 2019.  
How are authors and publishers currently collecting 
royalties for uses of their works? Has a new Board been 
constituted?   
 
Under the  Copyright Act a CMO can only collect royalties from users if licensed 
by the regulator (KECOBO) to do so. As such for the period the decision had 
been deferred no royalties ought to have been collected. The Attorney General 
has not appointed a Board of Di rectors for KECOBO yet.  
Follow -up on page 26:  
Please provide further information on the following:  
2. Why was the decision to issue a license for 2019 
deferred?   
The decision was deferred to give the applicants time to comply with certain 
conditions set by the Regulator (KECOBO).   WT/TPR/M/384/Add.1  
 
- 153 - WTO Member  Questions  Responses  
3. When will this decision now be made?  
 The decision to license Music Copyright Society of Kenya (MCSK) to collect 
royalties on behalf of authors and publishers of musical works has now been 
made after MCSK complied with the conditions set by the Regulator (KECOBO). 
Collection of royalties will be done jointly with the Performers Rights Society of 
Kenya (PRISK) and Kenya Association of Music Produ8cers (KAMP).  
4. What are the considerations that must be undertaken, if 
any, other than the composition of the Board?  
 • The three CMOs to agree to collect royalties jointly.  
• MCSK to conduct fresh elections of the Board of Directors. This was complied 
with. 
• MCSK to agree to have an independent Chair person. This was complied 
with. 
• MCSK to undertake structured reforms with the aim of improving 
transparency, good governance and accountability. This was complied with.  
EUROPEAN UNION  3 TRADE POLICIES AND PRACTICES BY MEASURE  
EU initial question No 55 :  
While Kenya 's Northern Corridor is a major route for 
cargos in transit, it is also a major route for cargos 
entering Kenya as a final destination. Could Kenya 
elaborate how it plans to further automatize and speed up 
customs clearance and customs controls in Mombasa?  Customs clearance and customs control in Mombasa is fully automated.  
 
EU follow -up question : 
We refer to the recent letter sent to Kenya regarding 
containers with products from the EU kept at the port of 
Mombasa. Could Kenya clarify how it will take into account 
the High Court decision regarding these products? Could 
Kenya indicate when it will be in a position to release 
these containers?   
Eu Question No . 72: Has there been a decrease in the 
number of fraudulent claims since its establishment in 
2017?  Since the establishment of insurance Fraud Investigation Unit (IFIU), there has 
been an oscillation of fraudulent cases reported to the Investigation Unit.  
 
Summary of annual report on cases from 2013 – 2018.  
Year 2013  2014  2015  2016  2017  2018  
No. of 
cases  88 58 133 125 168 91 
 
The reason for the increase in number of cases reported is due to the sustained 
consumer education conducted by IRA. Consumers are well informed on the role 
of IRA and IFIU, hence the increase in number of cases reported.   WT/TPR/M/384/Add.1  
 
- 154 - WTO Member  Questions  Responses  
TURKEY  1.3 Developments in Trade and Investment, pg. 116, 
para. 1.18  
It is stated in the Secretariat Report that "Kenya is a net 
exporter of services, owing to its tourism and air 
transportation subsectors. The surplus in trade in services 
increased to a peak of KES 251.9 billion in 2013, before 
declining in the following years. However, at 18.5% of 
GDP, the services surplus is relatively high. Travel and 
tourism recorded robust growth over the past three years 
thanks to improvements in infrastructure and security 
conditions. "  
 
Is there any study that calculates the interaction between 
the robust growth of travel and tourism and the 
improvements in infrastructure and security conditions?  Kenya has not undertaken a study which calculates the interaction between the 
robust growth in travel and Tourism and the improvement in infrastructure. 
However, The Kenya Economic Survey covering the period prepared by the 
Kenya National Bureau of Statistics gives these estimates. During this period 
Kenya did invest in physical and  security infrastructure which was aimed at 
enhancing general security in Kenya and improving access to new tourist 
attraction sites while maintaining the standards of the existing tourist sites and 
facilities.  
CHINA  
 
 
 
 
 Page 23, para 3.9  
" The establishment of one -stop border posts is another key 
step in the operationalization of the customs union. The EAC 
one-stop Border posts Act was enacted in 2016, and 
provides for establishment and implementation of one -stop 
border posts at common borders. The objective is to 
improve the efficiency of the movement of goods,persons 
and services within the community. About 15 posts have 
been designated as one -stop border posts. Border controls 
in these posts continue to be carried out according to 
national law s. However,officers are encouraged to proceed 
to simultaneous processing of documents, joint inspections 
and verifications. Although the legislation has not yet 
entered into force, countries have been operating these 
border posts based on bilateral agreeme nts that are 
consistent with the legislation. According to the authorities, 
ten one -stop border post are functional. The major 
challenge is inter -connectivity between the respective 
systems of the partner states."  
 
Question:  Please detail how one -stop bord er posts 
operate.  One Stop Border Point (OSBP)  
An integrated border system under OSBP model aims to bring together all the 
border agencies for improved efficiencies through streamlined, coordinated and 
harmonized operations. It works out by consolidating b order control functions in 
a shared space for exiting one country and entering another. Major operation is 
clearance of goods, passengers and motor vehicles across the border in a common 
location. This involves; passenger clearance, baggage clearance, veri fication 
(inward and outward goods) and revenue collection.  
Major actors include:  
Customs – collection of revenue and trade facilitation.  
Immigration – regulates the movement of persons  
National Security Agencies – which are important for border security.  
Other Partnering Agencies are Bureau of standards, Plant Inspectors, Port Health, 
Fisheries Poisons Board, bio - safety, Livestock and Common Border Traders 
Associations (CBTA).  
 
 Page 10, para 1.4  
"The EAC aims at "a prosperous, competitive, secure 
politically united " region,through the successive 
establishment of a customs union, a common market, and 
a monetary union. This vision is operationalized through 
five-year development strategies. During the review period, 
the implementation of the 4th AEC Development Startegy 
focused on the consolidation of the customs union and the EAC is already a Custom 's Union. It means that the EAC Partner States have 
agreed to establish free trade (or zero duty imposed ) on goods and services 
amongst themselves and agreed on a common external tariff (CET), whereby 
imports from countries outside the EAC zone are subjected to the same tariff when 
sold to any EAC Partner State. Goods moving freely within the EAC must comply  
with the EAC Rules of Origin and with certain provisions of the Protocol for the 
Establishment of the East African Community Customs Union.  
The EAC Common Market is the second Regional Integration milestone of the East  WT/TPR/M/384/Add.1  
 
- 155 - WTO Member  Questions  Responses  
establishment of the common market ". 
 
Page 17,, para 2.13  
"in November 2013, EAC members took a step further with 
the signing of the protocol on the establishment of the EA C 
Monetary Union (MU Protocol), which entered into force in 
2014. The protocol lays out th framework for the 
harmonization of monetary and fiscal policies, with a view 
to converging toward a single currency within ten years. "  
 
Question: 1.  Please give a b rief introduction on the  
development and progress towards a fully implemented 
customs union, a common market and monetary union.  African Community (EAC), which has b een in force since 2010, in line with the 
provisions of the EAC Treaty. It follows the Customs Union, which became fully -
fledged in January 2010.To accelerate economic growth and development, it 
means that the EAC Partner States maintain a liberal stance t owards the four 
Freedoms of movement for all the factors of production and two Rights between 
themselves. These Freedoms and Rights include:  
Free Movement of Goods  
Free Movement of Persons  
Free Movement of Labour/Workers  
Right of Establishment  
Right of Residence  
Free Movement of Services  
Free Movement of Capital  
However, EAC is not yet a monetary union. It is expected to be a Monetary Union 
by 2024. Discussions on the progress towards a Monetary Union are ongoing.  
 Page 18, para 2.20  
"EAC countries are engaged in the establishment of a 
tripartite free trade area (FTA) involving members of a 
common market for Eastern and Southern Africa (COMESA) 
and the South Africa Development Community (SADC) 
(COMESA -EAC-SADC Tripartite FTA). The FTA covers 26 
Africa co untries that account for about 57% of the 
continent 's population and 58% of its GDP. It is part of an 
overarching project aimed at establishing a continental FTA, 
and ultimately the Africa Economic Community. " 
 
Page 20, para 2.30  
All EAC countries are members of the African Union (AU). 
Negotiations for the African Continent Free Trade Area 
(AfCFTA) were launched in June 2015, and a consolidated 
text (the protocol on Trade in Goods; the protocol on Trade 
in Services; the protocol on Rules; and the proced ures on 
the Settlement of Disputes) was adoprted in March 2018. 
As at August 2018, 49 members States had signed the 
AfCFTA, and 6, including Kenya and Rwanda, had ratified 
it." 
Question: 2.  How to desribe the relationship between 
Tripartite FTA and AfCFTA? Are they being negotiated 
parallelly?  
 
Question: 3 . If a third country negotiated trade agreement 
with the EAC or a EAC member, how to deal with the 
relationship between the new FTA agreement and 
AfCFTA?Will AfCFTA exert any influence or restraint on this 
kind of bilateral FTAs?   
 
 
 
 
 
 
 
 
 
 
They are both Region al Economic Communities (RECs) and negotiations are 
carried out in parallel. The Tripartite Free Trade Area (TFTA) aims at bringing 
together EAC -COMESA -SADC. This will eventually contribute to the AfCFTA. EAC 
has been negotiating as a bloc in the TFTA and AfCFTA as well.  
 
 
The EAC Custom Union Protocol Article 37 provides for FTA negotiations by an 
EAC Partner State with Third Parties.  
The AfCFTA  is governed by the principle of preservation of the acquis which guides 
the RECs during negotiations. This was further strengthened by the Decision of 
the AU Assembly of Heads of State and Government, held in Nouakchott, 
Mauritania in July 2018. The decis ion urged Member States to abstain from 
entering into bilateral Free Trading Area arrangements until after the entry into 
force of the Agreement establishing the AfCFTA.  
 
 
 
 
  WT/TPR/M/384/Add.1  
 
- 156 - WTO Member  Questions  Responses  
Question: 4.  Are the two objectives, i.e. pushing forward 
the establishment of AfCFTA and aiming at the 
establishment of a customs union, a common market and 
monetary union in the EAC, being pushed forward parallelly 
and simultaneously?  The two objectives are not being pushed forward in parallel and simultaneously. 
EAC is already a Custom 's Union and has an established Common Market Protocol. 
However, EAC is not yet a monetary union but working towards becoming a 
monetary union by 2024. The AfCFTA recognizes EAC as one of its building blocks 
and will take into consid eration its acquis.  
 
__________