G/TFA/N /KEN/1  
22 October 2019  
(19-6939) Page: 1/9 
Committee on Trade Facilitation  Original: English  
 
NOTIFICATION OF CATE GORY COMMITMENTS  UNDER  
THE AGREEMENT ON TRA DE FACILITATION  
COMMUNICATION FROM KENYA  
The following communica tion, of which the first draft was received 19 August 2019 , is being 
circulated at th e request of the delegation of  Kenya for Members' informa tion. 
 
_______________  
 
 
Following up from the notification dated 13 May 2015 (WT/PCTF/N/KEN/1), Ken ya hereby makes 
the following notifications in response to  Articles 15 and 16 of the Trade Facilitation Agreement 
(WT/L/931).  
 
  
  G/TFA/N/ KEN/1  
 
- 2 - Provision  Heading/Description  Category  Indicative date for 
implementation  
(for categories  
B and C)  Definitive date for 
implementation  
(for categories  
B and C)  Assistance and Support for Capacity 
Building Required for Implementation  
(for category C)  
Article 1  Publication and Availability of Information  
Article 1.1  Publication  B 22 February 2023  30 June 2026  - 
Article 1.2  Information Available through Internet  C 22 February 2026  30 June 2029  Support to:  
1. Review and update information relating 
to expediting the movement, release, 
and clearance of goods, including goods 
in transit available on the websites of 
Ministries /Agencies involved in the 
implementa tion of the Trade Facilitation 
Agreement ( TFA), and to create an 
effective information management 
system ; 
2. Harmonize I nformation Technology (IT)  
policies of the Ministries/Agencies 
implementing the TFA and integrate 
them to the national trade portal;  
3. Upgrad e, secure and maintain the 
Information Communication Technology 
(ICT) infrastructure; and  
4. Create awareness on the informati on 
portal and capacity building.  
Article 1.3  Enquiry Points  B 22 February 2023  30 June 2026  - 
Article 1.4  Notification  A - - - 
Article 2  Opportunity  to Comment, Information before Entry into Force and Consultations  
Article 2.1  Opportunity to Comment and Information 
Before Entry into Force  B 22 February 2023  30 June 2026  - 
Article 2.2  Consultations  B 22 February 2023  30 June 2026 - 
Article 3  Advance Rulings  
 B 22 February 2023  30 June 2025  - 
Article 4  Procedures for Appeal or Review  
Article 4.1 –4.5  A - - - 
Article 4.6   C 22 February 2023  30 June 2026  Support to:  
1. Establish a framework to network all 
border agencies; and  
2. Build capacity for K enya Bureau of 
Standards (KEBS)  and KenTrade to 
coordinate all border agencies on 
matters of administrative decisions 
through Single Window.   
  G/TFA/N/ KEN/1  
 
- 3 - Provision  Heading/Description  Category  Indicative date for 
implementation  
(for categories  
B and C)  Definitive date for 
implementation  
(for categories  
B and C)  Assistance and Support for Capacity 
Building Required for Implementation  
(for category C)  
Article 5  Other Measures to Enhance Impartiality, Non -Discrimination and Transparency  
Article 5.1  Notification for Enhanced Controls or 
Inspections  C 22 February 2023  30 June 2026 Support to:  
1. Develop modern systems of notifying 
stakeholders about enhanced controls 
and inspections;  
2. Equip and establish infrastructure to 
detect food hazards, including early 
warning systems; and  
3. Train staff on import alerts/ rapid alert 
tests 
Article 5.2  Detention  A - - - 
Article 5.3  Test Procedures  C 22 February 2023  30 June 2033  Support to:  
1. Establish, equip, accredit, and network, 
laboratories;  
2. Attain mutual recognition of conformity 
from other Members;  and 
3. Review the legal framework of KEBS, 
Kenya Plant Health Inspectorate 
Services (KEPHIS) , D irectorate of 
Veterinary Services (D VS), Ministry of 
Health and other relevant border 
agencies to align with the relevant 
provisions of the Trade Facilitation 
Agreement.  
Article 6  Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation and Penalties  
Article 6.1  General Disciplines on Fees and Charges 
Imposed on or in Connection with 
Importation and Exportation  C 22 February 2030  30 June 2033  Support to:  
1. Review and simplify the fees and charges 
levied basing them on criteria 
corresponding to  the cost of the services 
rendered;  
2. Develop a mechanism for periodic review 
of fees and charges for purposes of 
reducing their numbers and diversity;  
and 
3. Draft guidelines on fees and charges to 
be used by the public sector and also set 
up a pool of experts  to assist border 
agencies to set up their fees and 
charges.   
  G/TFA/N/ KEN/1  
 
- 4 - Provision  Heading/Description  Category  Indicative date for 
implementation  
(for categories  
B and C)  Definitive date for 
implementation  
(for categories  
B and C)  Assistance and Support for Capacity 
Building Required for Implementation  
(for category C)  
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  Support to:  
1. Draft guidelines on specific fees and 
charges to be used by the customs 
authority.  
Article 6.3  Penalty Disciplines  C 22 February 2023  30 June 2033  Support to:  
1. Establish a mechanism of addressing an 
error where a person voluntarily 
discloses to a Kenya Customs 
administration the circumstances of a 
breach of customs law, regulations, or 
procedural requirements prior to the 
discovery of that breach by custom 
admini stration;  
2. Formulate guidelines and policies which 
will help the officers distinguish between 
a mistake and fraudulent conduct before  
imposing penalties;  
3. Develop procedure manuals for 
assessment of mitigations, settlement 
and collection of civ il and adminis trative 
penalties; and  
4. Align domestic law with the relevant 
provisions of the Trade Facilitation 
Agreement . 
Article 7  Release and Clearance of Goods  
Article 7.1  Pre-arrival Processing  C 22 February 2023  30 June 2026  Support to:  
1. Upgrade the ICT systems and automate 
operations of the Customs 
administrati on and other relevant 
agencies;  
2. Develop and implement an effective risk 
management system;  
3. Integrate all border agencies systems to 
access K enya Port Authority (KPA)  Bay 
Plan to complement  the ship ping 
manifests;  
4. Integrate  Automated System for 
Customs Data  (ASYCUDA ) of Uganda , 
Tanzania Customs Integrated System  
(TANC IS) of Tanzania,  and I ntegrated  
  G/TFA/N/ KEN/1  
 
- 5 - Provision  Heading/Description  Category  Indicative date for 
implementation  
(for categories  
B and C)  Definitive date for 
implementation  
(for categories  
B and C)  Assistance and Support for Capacity 
Building Required for Implementation  
(for category C)  
Customs Management System (ICMS)  
systems to facilitate trade ; 
5. Enhance capacity building of border 
agencies ; and 
6. Train on the Integrated Customs 
Management Systems and Single 
Window . 
Article 7.2  Electronic Payment  B 22 February 2025  30 June 2028 - 
Article 7.3  Separation of Release from Final 
Determination of Customs Duties, Taxes, 
Fees and Charges  B 22 February 2023  30 June 2026  - 
Article 7.4  Risk Management  C 22 February 2023  30 June 2026  Support to:  
1. Enhance the policy and strategic plan on 
risk management;  
2. Train and capacity build border agencies 
on risk management;  
3. develop a National Legal Framework on 
Risk Management; and  
4. Establish an ICT infrastructure to 
support National Risk Management 
Framework . 
Article 7.5  Post-clearance Audit  C 22 February 2023  30 June 2026  Support to:  
1. Formulate a National strategy for 
undertaking P ost-Clearance Audit by all 
border agencies  
2. Train staff of all border agencies on post 
audit procedures and methods; and  
3. Sensitize stakeholders on Post Clearance 
Audit.  
Article 7.6  Establishment and Publication of Average 
Release Times  C 22 February 2023  30 June 2026  Support to:  
1. Develop a National policy document on 
establishment and publication of average 
release time;  
2. Establish a National inter -agencies 
coordination unit under S tate 
Department for Trade (SDT)  to 
implement this measure;  
3. Design a monitoring system of average 
release times and ensure their 
publication;   
  G/TFA/N/ KEN/1  
 
- 6 - Provision  Heading/Description  Category  Indicative date for 
implementation  
(for categories  
B and C)  Definitive date for 
implementation  
(for categories  
B and C)  Assistance and Support for Capacity 
Building Required for Implementation  
(for category C)  
4. Train and assign qualified persons to 
carry out time release studies; and  
5. Establish, under SDT, a National unit for 
publication and timely release studies.  
Article 7.7  Trade Facilitation Measures for Authorized 
Operators  C 22 February 2023  30 June 2026  Support to:  
1. Develop a National mechanism for 
coordination and cooperation between 
Customs and other border agencies ; 
2. Develop rules and procedures on 
governing National Authorised Economic 
Operators  (AEOs) . 
Article 7.8  Expedited Shipments  C 22 February 2023  30 June 2026  Support to:  
1. Sensitize and create awareness among 
the stakeholders on TFA and expedited 
shipments;  
2. Harmonize regulations and operations of 
border agencies on clearance of 
expedited shipment; and  
3. Conduct time release studies on all 
agencies on the transit corridor dealing 
in processing and release of expedited 
cargo.  
Article 7.9  Perishable Goods  C 22 February 2023  30 June 2030  Support to:  
1. Develop infrastructure to handle 
perishable goods at the ports of entry, 
such as cold rooms and animal holding 
facilities;  
2. Harmonize the procedures and 
operations  of all agencies  involved in  
clearing and release of perishable goods , 
including harmonizing b usiness hours at 
entry and exit border points;  
3. Train staff on handling perishable goods.  
Article 8  Border Agency Cooperation  
 C 22 February 2023  30 June 2026  Support to:  
1. Train members of J oint Border 
Committe es on cross -border 
Cooperation requirements and 
procedures;   
  G/TFA/N/ KEN/1  
 
- 7 - Provision  Heading/Description  Category  Indicative date for 
implementation  
(for categories  
B and C)  Definitive date for 
implementation  
(for categories  
B and C)  Assistance and Support for Capacity 
Building Required for Implementation  
(for category C)  
2. Establish shared facilities for the 
remaining border posts as well as 
harmonising ; 
procedures and formalities; and  
3. Map out and analyse each agency 's 
existing procedures, mandate and 
operations with a view to designing a 
new set  of joint operations aligned to 
international standards and best 
practices;  
4. Train officers on joint border operations 
and risk management; and  
5. Build capacity to establish electronic 
information exchanges with WTO 
Members . 
Article 9  Movement of Goods Intended for Import under Customs Control  
 A - -  
Article 10  Formalities Connected with Importation, Exportation and Transit  
Article 10.1  Formalities and Documentation 
Requirements  C 22 February 2023  30 June 2026 Support to:  
1. Harmonize national procedures at the 
border points among the Kenya border 
agencies, with those of the  East Africa 
Community (EAC)  partner states, and 
other bordering countries;  
2. Train stakeholders on trade 
documentation tool kit and business 
process analysi s; 
3. Simplify and standardize trade 
documents, both manual and electronic, 
with a view reducing them (where 
applicable) ; 
4. Analyse the existing regulations, 
procedures and forms with a view to 
producing simplified trade documents;  
5. undertake legislative and reg ulatory 
review on procedures and documentation 
requirements; and  
6. Carry out stakeholders’ sensitisation on 
the revised procedures.   
  G/TFA/N/ KEN/1  
 
- 8 - Provision  Heading/Description  Category  Indicative date for 
implementation  
(for categories  
B and C)  Definitive date for 
implementation  
(for categories  
B and C)  Assistance and Support for Capacity 
Building Required for Implementation  
(for category C)  
Article 10.2  Acceptance of Copies  C 22 February 2023  30 June 2026  Support to:  
1. Develop a legal framework and/or 
administrative procedures for accepting 
copies.  
Article 10.3  Use of International Standards  C 22 February 2023  30 June 2026  Support to:  
1. Create awareness among stakeholders on 
the various international standards 
applicable;  
2. Evaluate the impact of standards on 
national and regional economy;  
3. Develop National, Regional and 
International Standards; and  
4. Participate in international meetings on 
development and review of standards.  
Article 10.4  Single Window  C 22 February 2023  30 June 2033  Support to:  
1. Upgrade ICT infrastructure  for the Single 
Window ; 
2. Develop legal framework to link all border 
agencies to the Single Window platform;  
3. Develop and integrate ICT platforms for 
various border agencies; and  
4. Develop a mechanism for information 
sharing among bord er agencies.  
Article 10.5  Pre-shipment Inspection  A - - - 
Article 10.6  Use of Customs Brokers  A - - - 
Article 10.7  Common Border Procedures and Uniform 
Documentation Requirements  B 22 February 2023  30 June  2026 - 
Article 10.8  Rejected Goods  C 22 February 2023  30 June  2033 Support to:  
1. Install modern incinerators and other 
disposal facilities; and  
2. Review policy and/or legal framework on 
rejected goods to ensure conformity with 
the relevant TFA provisions.  
Article 10.9  Temporary Admission of Goods and Inward 
and Outward Processing  B 22 February 2021  30 June  2024 - 
Article 11  Freedom of Transit  
 C 22 February 2023  30 June 2026  Support to:  
1. Enhance the legal framework supporting 
implementation of Cargo tracking;  
2. Improve the infrastructure along the 
transit corridor;   
  G/TFA/N/ KEN/1  
 
- 9 - Provision  Heading/Description  Category  Indicative date for 
implementation  
(for categories  
B and C)  Definitive date for 
implementation  
(for categories  
B and C)  Assistance and Support for Capacity 
Building Required for Implementation  
(for category C)  
3. Simplify formalities, documentation 
procedures and Customs controls on 
cargo in transit;  and 
4. Harmonize the EAC Electronic Cargo 
tracking system.  
Article 12  Customs Cooperation  
Article 12.1  Measures promoting Compliance and 
Cooperation  C 22 February 2023  30 June 2026  Support to:  
1. Capacity build Kenya 's customs 
administration on matters of cooperation 
with other customs authorities;  and 
2. Review EAC customs law to ensure 
compliance with provisions of thi s Article.  Article 12.2  Exchange of information  C 
Article 12.3  Verification  B 22 February 2023  30 June 2026  - 
Article 12.4  Request  C 22 February 2023  30 June 2026  Support to:  
1. Capacity build Kenya’s customs 
administration on matters of cooperation 
with other customs authorities;  
2. Review EAC customs law to ensure 
compliance with provisions of this Article.  Article 12.5  Protection and confidentiality  C 
Article 12.6  Provision of information  C 
Article 12.7  Postponement or refusal of a request  C 
Article 12.8  Reciprocity  C 
Article 12.9  Administrative burden  C 
Article 12.10  Limitations  C 
Article 12.11  Unauthorized use or Disclosure  C 
Article 12.12  Bilateral and Regional Agreements  B 22 February 2023  30 June 2028  - 
 
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