G/TFA/N/KEN/5  
 
23 February 2023  
(23-1306) Page: 1/8 
Committee on Trade Facilitation  Original: English  
 
 
NOTIFICATION OF ARRANGEMENTS AND PROGRESS IN THE PROVISION  
OF TECHNICAL  ASSISTANCE AND CAPACITY BUILDING  
SUPPORT OF CATEGORY C DESIGNATIONS  
COMMUNICATION FROM KENYA  
The following communication, dated 20 February 2023 , is being circulated at the request of the 
delegation of Kenya .  
 
_______________  
 
 
Kenya hereby notifies information on the arrangements concluded and progress made in the 
provision of technical assistance and capacity building support of the following category C 
designations, in response to Article 16 of the Trade Facilitation Agreement  (WT/L/931) . 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 1.2 Information Available 
through Internet  
 C 22 February 2026  30 June 2029  
Donor s/Agencies : German Development Cooperation(GIZ), TradeMark East Africa  (TMEA), United Nations 
Conference on Trade and Development(UNCTAD) , and International Trade Centre  (ITC)   
 
Progress in the provision of technical assistance and capacity building support:  
 
The Kenya Trade Network Agency  (KenTrade) is in receipt of  technical support from GIZ , TMEA, and UNCTAD  
to establish  and host the  Trade Information Portal  (TIP) as well as update information in the portal .  The agency 
also received  technical support from ITC to create awareness amongst key stakeholders and Partner 
Government Agencies  (PGAs) on availability and access of  information in the portal.  
The State Department for Trade received technical support from TMEA  to develop the Kenya National Trade 
Information portal.  The Department requires support to operationalize the Portal.  
Among the support areas in the operationalization of the portal ; 
(i) Document , review, and update c ounty /regional government trade procedures  to ensure all 
information is available in the internet.   
(ii) Host, upgrade  and set up a system update mechanism for the National Trade Information Portal  
(iii) Create awareness among stakeholders about the availability of information in the internet  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 4.6 Procedures f or Appeal 
or Review  C 22 February 2023  30 June 2026  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
The Ministry responsible for international trade requires technical support from development partners to;  
(i) Develop a framework to set up procedures for appeal/review of administrative decisions  
(ii) Set up institutional mechanism for appeal/review of administrative decisions  G/TFA/N/KEN/5  
 
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Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 5.1 Notification for 
Enhanced Controls or 
Inspections  
 C 22 February 2023  30 June 2026  
Donors /Agencies : TMEA, WTO , EU 
 
Progress in the provision of technical assistance and capacity building support:  
 
The Kenya Bureau of Standards  (KEBS) received capacity -building support from TMEA to hold regular meetings 
and train  stakeholders on notifications.  The B ureau also received support from the WTO to capacity -build staff 
from differ ent government border agencies.  
The Directorate of Veterinary Services (DVS) received technical support from the  EU for new  equipment for the 
detection of food hazards , and refurbish food safety laboratories.  
Kenya still requires support as detailed below;  
Kenya Plant Health and Inspectorate Service and K EBs will require s assistance  to; 
(i) Equip and establish infrastructure to inspect and detect food hazards, including early warning 
systems  at all points of entry.  
(ii) Develop better and proper mechanism  for notifying stakeholders about enhanced controls and 
inspections  
(iii) Train border agencies and other stakeholders  on import alerts/ rapid alert tests  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 5.3 Test Procedures  C 22 February 2023  30 June 2033  
Donors /Agencies : TMEA , EU 
 
Progress in the provision of technical assistance and capacity building support:  
 
The Kenya Bureau of standards (KEBS) received technical support f rom TMEA  and EU  to establish laboratories 
for testing and to procure laboratory and testing equipment . 
Kenya Plant Health  and Inspectorate Service received technical support from TMEA to install ana lytical 
equipment  for testing and personnel training at EU reference laboratories.  
However, other key Agencies still require support. The Department of livestock, Department of Fi sheries do not 
have sufficient laboratories for 2nd tests. Technical assistance is required to establish testing laboratories and 
other logistics and also capacity building for Test Procedures.  
Development partners' assistance is required in the following  areas:  
1. Review of the legal frameworks of various border agencies to provide an opportunity for a second test.  
2. Establishment and accreditation of more laboratories for testing  
3. Equipment   
4. Calibration  
5. Training and capacity building  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 6.1 General Disciplines on 
Fees and Charges 
Imposed on or in 
Connection with 
Importation and 
Exportation  
 C 22 February 20 30 30 June 2033  
Donors /Agencies : TMEA  G/TFA/N/KEN/5  
 
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  Progress in the provision of technical assistance and capacity building support:  
 
Kenya received technical support from TMEA through the Shippers Council of Eastern Africa  (SCEA) to undertake 
a study on fees and charges.  
Kenya requires technical assistance from development partners to;  
(i) Implement the recommendations of the study finding s, including a legal review on existing 
legislation to allow for  a review of fees and charg es. 
(ii) Sensitization of importers/exporters, and agents on the applicable fees , charges, and penalties.  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 6.2  Specific Disciplines on 
Fees and Charges for 
Customs Processing 
Imposed on or in 
Connection with 
Importation and 
Exportation  C 22 February 2023  30 June 2026  
Donors /Agencies : TMEA  
 
Progress in the provision of technical assistance and capacity building support:  
 
As noted under Art. 6.1, a study was carried out on fees and charges with the support of TMEA.  
Kenya requires  technical assistance from  development partners to;  
(i) Implement the recommendations of the study findings  including a legal review on 
existing legislation to allow for review of fees and charges , specifically for Customs . 
(ii) Sensitize sensitization of importers/exporters, and agents on the applicable fees charges, 
and penalties  under Customs . 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 6.3 Penalty Disciplines  C 22 February 2023  30 June 2033  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
Kenya requires  technical support to; 
(i) Established a legal framework/mechanism to guide on the application of penalties.  
(ii) Review national laws to align  them with the provision s of the TFA . 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 7.1 Pre-arrival Processing  C 22 February 2023  30 June 2026  
Donors /Agencies : GIZ 
 
Progress in the provision of te chnical assistance and capacity -building support:  
 
The Kenya Revenue Authority (KRA)  received support from GIZ to facilitate the establish ment and 
operationalization of a Multi -Agency Pre-Arrival Processing C ommittee  to coordinat e implementation of Pre -
Arrival P rocessing  (P-AP).  The Authority also received support from GIZ to undertake a study on P-AP.  
Kenya still requires  support  from development partners to;  
(i) Upgrade agencies’ system s to incorporate artificial intelligence to  recognize pre -arrival declaration  
(ii) Integrate  non-cellular vessels into the Integrated Customs Management System for compatibility.  
(iii) Build capacity and sensitization of stake holders and border agencies on Pre -Arrival P rocessing  
(iv) Undertake legal review to accommodate P -AP  
(v) Benchmark with other WTO memb ers who have fully implemented Pre -Arrival P rocessing  
 G/TFA/N/KEN/5  
 
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  Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 7.4 Risk Management  C 22 February 2023  30 June 2026  
Donors /Agencies : GIZ 
 
Progress in the provision of technical assistance and capacity building support:  
 
The Kenya Trade Network Agency received technical support from GIZ to roll out the Risk Management Module 
in the Single Window . 
Kenya still requires assistance to implement t he Article;  
The Kenya Revenue Authority and Kenya Trade Network Agency support  to; 
(i) Develop a risk management governance framework for all border agencies  
(ii) Integrate systems for all border agencies to implement Risk Management  
(iii) Train and build capacity of border agencies on Risk Management  
(iv) Train relevant stakeholders  on risk management  
 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 7.5 Post-clearance Audit  C 22 February 2023  30 June 2026  
Donors /Agencies : WCO 
 
Progress in the provision of technical assistance and capacity building support:  
 
The Kenya Revenue Authority staff were  trained  on post-clearance audit  by WCO. 
Kenya  requires technical assistance from development partners to;  
(i) Develop national framework on post  clearance  audit 
(ii) Train staff of  border agencies on post -clearance audit procedures and methods  
(iii) Sensitize stakeholders on post -clearance audit 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 7.6 Establishment and 
Publication of Average 
Release Times  C 22 February 2023  30 June 2026  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
Kenya lastly undertook an Average R elease Times study in 2011. Currently, it is relying on reports  from 
government agencies that are not conclusive .  
Kenya  therefore requires  technical assistance from development partners to;  
(i) Develop National Framework on Average Release Times  
(ii) Train and build capacity of customs officials on Average Release Times  
(iii) Conduct an Average Release Times study  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 7.7 Trade Facilitation 
Measures for 
Authorized Operators  
 C 22 February 2023  30 June 2026  
Donors /Agencies : World Customs Organization (WCO), GIZ, Commonwealth Secretariat  G/TFA/N/KEN/5  
 
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  Progress in the provision of technical assistance and capacity building support:  
 
Kenya Revenue Authority received technical sup port from the GIZ to establish  a Technical Working G roup 
(TWG)  on Authorized Economic Operators ’ (AEOs) Recognition F ramework. The Framework will fa cilitate 
expedited clearance of cargo for AEOs by all the relevant border agencies.   
GIZ also supported the Authority to undertake a study on implementation of AEOs Programme.  
The Authority  also received technical assistance from WCO to train staff on AEOs security validation.  
The Kenya International Freight and Forwarding Association (KIFWA), is undertaking  sensitization for its 
members on AEOs programme with the technical support from GIZ and Commonwealth Secretariat.  
Under the AEOs programme, GIZ will further support the following activities;  
1. Engagement of CEOs of the Partner Government Agencies (PGAs) on AEOs  
2. Workshop for Senior Managers of the PGAs  
3. Training of staff from the var ious PGAs on the AEO Programme  
4. Workshops of the National Trade Facilitation Committee for development of the AEO Recognition 
Framework  
However, Kenya still requires assistance from development partners to;  
(i) Build capacity  of the border agenc ies and the private sector on the programme  
(ii) Implement findings of the study  on implementation AEOs programme  
(iii) Develop a legal framework for  AEOs programme  recognition  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 7.8 Expedited Shipments  
 C 22 February 2023  30 June 2026  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
Kenya  requires technical support from development partners to;  
(i) Harmonize operations of the agencies at the border to enable expedited shipment.  
(ii) Develop national framework on expedited shipment s to on-board all border agencies  
(iii) Sensitize and create awareness on expedited shipment s 
 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 7.9 Perishable Goods  
 C 22 February 2023  30 June 2030  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
Kenya  requires technical assistance from  development partners to;  
(i) Set up plug-ins reefer , cold rooms, and other holding facilities  at all entry points  
(ii) Build capacity and sensitize border agencies on the handling of perishable goods.  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 8  Border Agency 
Cooperation  
 C 22 February 2023  30 June 2026  
Donors /Agencies : TMEA, World Bank  Group  (WBG) , African Development Bank  (ADB), Japan International 
Cooperation Agency  (JICA) , EU. 
 G/TFA/N/KEN/5  
 
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  Progress in the provision of technical assistance and capacity building support:  
Kenya received technical support from the following development partners to establish  One Stop -Border Post s 
(OSBP s); 
(i) TMEA - Malaba, Busia , and Moyale.  
(ii) JICA- Taveta, and Namanga  
(iii) WBG- Rhamu and Mandera  
(iv) ADB- Suam  (under construction)  
Kenya  also received technical support from EU through the European Development Fund  (EDF)  to train border 
agenc y officials  & small -scale traders on joint border operation s. 
Kenya still requires technic al assistance from development partners to;  
(i) Train border agencies on border agency cooperation  requirements and procedures  
(ii) Establish shared f acilities at the OSBP  and harmonising  procedures and formalities  
(iii) Upgrade infrastructure facilities at the remaining OSBP s. 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 10.1  Formalities and 
Documentation 
Requirements  C 22 February 2023  30 June 2026  
Donors /Agencies : TMEA , GIZ 
 
Progress in the provision of technical assistance and capacity building support:  
 
The Kenya Trade Network Agency received support from TMEA and GIZ to simplify procedures for the online 
documented commodities for export . This was done through the Simplification Working Group . The agency has 
so far simplified  the procedures for  nine commodities for export and  established working groups for  different 
PGAs to work on the simplification of the commodities.   
 
TMEA has contracted a consultant to provide technical assistance to the  State Department for Trade . The 
technical assistance will carry out the following ; 
(i) Undertake  legislative  and regulatory  review  on procedures  and documentation  requirements  
(ii) Develop  simplified  SOPs for trade regulatory  agencies  for ease of trading  
(iii) Carry  out stakeholders’  sensitization  on the simplification  of procedures  in collaboration  with  
National Trade Facilitation Committee  
(iv) Develop  documentation  toolkit  and train stakeholders  on business  process  analysis  
(v) Alignment of national trade procedures among border agencies in accordance with the 
regional  Protocols  
However, Kenya  still requires assistance from development partners to;  
(i) Simplify procedures for all the documented products for exports with an aim of reducing the 
administrative burden costs  
(ii) Simplify & standardize trade documents  
(iii) Sensitize all border agencies and MSMEs to conform to standards operating procedures  
(iv) Review legislation of all border agencies to simplify formalities and procedures  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 10.2 Acceptance of Copies  C 22 February 2023  30 June 2026  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
Kenya needs support on the sensitization of all Partner Government Agencies on the acceptance of copies and 
its role in trade facilitation.  
 G/TFA/N/KEN/5  
 
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  Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 10.3 Use of International 
Standards  
 C 22 February 2023  30 June 2026  
Donors /Agencies : TMEA, European Union Mark et Access Upgrade  programme  (MARKUP)   
 
Progress in the provision of technical assistance and capacity building support:  
 
The Kenya Bureau of Standards r eceived  technical assistance from TMEA  for the following activities;  
(i) Build capacity of staff on standards  
(ii) Participate in  development and  harmonization of regional standards  
(iii) Create awareness among stakeholders on standards  
(iv) Train SMEs & Businesses on standards and technical regulations  
 The Bureau also received support from EU Mark -Up Programme  for sensitization and training of stakeholders  
on international standards.   
The Kenya Bureau of Standards  still requires assistance from development partners to;  
(i) Participate in development  and review  of regional & international standards  
(ii) Undertake a study to evaluate the impact of national, regional and international standards on  
trade  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 10.4 Single Window  C 22 February 2023  30 June 2033  
Donors /Agencies : TMEA and GIZ  
 
Progress in the provision of technical assistance and capacity building support:  
 
Kenya  received technical support from TMEA to ; 
(i) Develop Maritime Single W indow  
(ii) Integrate the National Electronic Single W indow with the Integrated Customs Management 
System  and the Pharmacy and Poisons Board ’s systems (ongoing) . 
(iii) Develop a me chanism for shar ing information - Business Intelligence Tool (BI ) 
 
Kenya  also received support from GIZ for capacity building for PGAs on risk management module under the 
Single Window.  
Kenya still requires assistance  from development partners to;  
(i) Train and create awareness among  stakeholders and all border agencies in the use  of the single 
window  
(ii) Develop enabling regulations for the implementation of  the Kenya  National E lectronic Single 
Window  
(iii) Integrate all agencies’ systems to the Single Window  and B I 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 10.8  Rejected Goods  C 22 February 2023  30 June 2033  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
Kenya  require s assistance from development partners to provide and install disposal facilities at entry points 
such as incinerators and other disposal facilities.  
 G/TFA/N/KEN/5  
 
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  Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementa tion 
 
Article 1 1 Freedom of Transit  C 22 February 2023  30 June 2026  
Donors /Agencies : TMEA  
 
Progress in the provision of technical assistance and capacity building support:  
 
The Kenya Revenue Authority received technical assistance from TMA to develop and host the Regional 
Electronic Cargo Trac king System  (RECTS) and procurement of vehicles for Rapid Response Unit responsible 
for responding to cargo diversion in transit.  
The Kenya Revenue Authority  also received technical support from GIZ to simplify procedures on transit.  
Kenya  requires  assistance from  development partners to;  
(i) Integrate the cargo tracking systems in the  northern and central corridors  
(ii) Capacity building of relevant stakeholders on cargo tracking systems  
 
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 12.1 &  
12.2 Measures promoting 
Compliance and 
Cooperation  & 
Exchange of 
information  
 C 22 February 2023  30 June 2026  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
Kenya  require s assistance from development partners to:  
(i) Build capacity on customs cooperation  with other customs authorities  
(ii) Identify areas that need  a legal r eview in the EACCMA 2004 and other  regional  and multilateral 
agreements  to ensure compliance with TFA  
 
Provision  Heading/Description  Category  Indicative date for 
implementation  
 Definitive date for 
implementation  
 
Article 12.4 -
12.11  Request, Protection 
and confidentiality, 
Provision of 
information, 
Postponement or 
refusal of a request, 
Reciprocity, 
Administrative burden, 
Limitations, 
Unauthorized use or 
Disclosure.  C 22 February 2023  30 June 2026  
Donors /Agencies : To be determined  
 
Progress in the provision of technical assistance and capacity building support:  
 
All border agencies require assistance from development partners to:  
(i) Build capacity on customs cooperation  
(ii) Identify areas that need a legal review in EAC CMA, 2004  and other regional  and multilateral 
agreements to ensure compliance with TFA  
 
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