WT/REG417/M/1  
12 December  2022 
(22-9227) Page: 1/3 
Committee on Regional Trade Agreements  
Hundred and Fifth Session   
 
 
ECONOMIC PARTNERSHIP AGREEMENT BETWEEN KENYA AND THE UNITED KINGDOM  
(GOODS ) 
NOTE ON THE MEETING OF  14 NOVEMBER  2022 
Chairm an: Ambassador H.E. Mr. Taeho LEE (Republic of Korea ) 
1.1.  The 10 5th Session of the Committee on Regional Trade Agreements (hereinafter "CRTA" or the 
"Committee") was convened in Airgram WTO/AIR/RTA/ 30/Rev.1  dated 4 November  2022.  
1.2.  Under Agenda Item F.II of the Session, the CRTA considered the Economic Partnership 
Agreement between Kenya and the United Kingdom , goods  (hereinafter "the Agreement"). The 
Chairman stated that the factual presentation had been prepared by the Secretariat on its own 
responsibility in full consultation with the Parties, in acco rdance with paragraph 7(b) of the 
Transparency Mechanism for Regional Trade Agreements (document WT/L/671).  
1.3.  The Agreement had entered into force on 1 January 2021. It had been notified on 31 December 
2020 under Article  XXIV:7(a) of the GATT  1994 (documents  WT/REG4 17/N/1 and 
WT/REG417/N/1/Add.1 ) as an agreement establishing a free trade area for trade in goods within 
the meaning of Article XXIV of the GATT 1994 . The text of the Agreement and its Annexes was 
available on the Parties' official websites and in the WTO RTA database. The Factual Presentation on 
the goods aspects of the Agreement (document  WT/REG4 17/1 dated 14 July 2022) and questions 
and replies on the Agreement (document WT/REG417/2 dated 9 November 2022) had been 
distributed . 
1.4.  The delegate of the  United Kingdom , speaking jointly for the Parties,  said that a t the previous 
CRTA meeting Members had had the opportunity to review the UK 's trade agreements with the 
Republic of Korea, Switzerland, and Tunisia. The four presentations on the day's agenda continue d 
the process of multilateral review of the UK 's FTA programme.   She thanked the Secretariat for the 
excellent factual presentation of the Agreement and the delegation of Kenya for their cooperation 
and input.  
1.5.  The Agreement , which had been successfully implemented since 1 January 2021,  had played 
a vital role in providing continuity and certainty for Kenyan and British businesses that trade between 
the two countries.  
1.6.  Underpinned by the Agreement , overall trade, inclusive of good and services, had been  worth 
over GBP 1.1 billion (or over KES 148 billion in 2021 ), an increase of GBP 76 million (or over KES 
10 billion ) on the previous year . Trade flows continue d to be strong and broadly equal since the 
inception of the Agreement , and both Parties were keen to see further growth in the coming years.  
1.7.  The Agreement reaffirm ed the strong relationship between the UK and the entire East African 
Community (EAC), including Kenya, which had been  built upon their long-standing historical ties and 
shared values.  
1.8.  The Agreement broadly replicate d the Economic Partnership Agreement negotiated between 
the EAC and the European Union in 2014, although with minor changes to accommodate the new 
bilateral context.  The Agreement therefore continue d to be regional in scope as it was intended to WT/REG417/M/1  
 
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  be an agree ment with all East African Community States. Kenya had been  at the time the only EAC 
signatory, however all EAC States were welcome to join the Agreement.  
1.9.  As the only EAC State not eligible for full duty -free, quota -free access to the UK market under 
the U K's Generalised Scheme of Preferences, Kenya would have faced the imposition of new tariffs 
if it had been unable to secure the Agreement. The Agreement had prevented that outcome and 
ensured that Kenya benefit ed from the same duty -free quota -free access t o the UK market enjoyed 
by all other EAC States.  The Agreement  had made Kenya 's duty -free quota -free access to the UK 
market permanent, regardless of the future upward trajectory of Kenya 's economic development 
beyond middle -income status, thereby providin g long -term certainty for businesses, consumers, and 
wider stakeholders.  On the other hand, Kenya, and any future acceding EAC partner State, would 
progressively and gradually liberalise their tariffs over the coming decades for goods originating from 
the UK. The asymmetrical tariff schedule had been  designed to support Kenya and any future 
acceding EAC partner State to grow their economies in a sustainable way, recognising that the UK 
and EAC partner States were at different stages of their development.  
1.10.  The Agreement  also contain ed integrated safeguards which allow ed Kenya and future EAC 
signatories to introduce tariffs or quotas in the unlikely case that imports from the UK risk ed harm 
to domestic industry or might cause social or economic problems.  
1.11.  The Agreement also provide d generous cumulation arrangements.  For Kenya, the provisions 
allowed for products to be considered as originating in Kenya, and thereby benefit from duty -free 
access into the UK market, when incorporating materials from the UK, the EU , other African, 
Caribbean, Pacific States, and the UK 's Overseas Countries and Territories. That was the case as 
long as those same materials would have been imported duty -free and quota -free into the UK.  
Additionally, at the request of Kenya or acceding EAC Partner State, the Agreement also allow ed for 
inputs into Kenyan products to be considered as originating when sourced from any country that the 
UK had a trade agreement with as long as those same produ cts lines were ordinarily duty -free quota -
free upon entry to the UK market.  
1.12.  The Agreement  also allow ed Kenya and any future acceding EAC Partner State to maintain 
regional preferences with other African countries and regions without having to extend them t o the 
UK. 
1.13.  Development cooperation was a core element of the partnership and an essential factor for 
the realisation of its twin trade and development objectives. There were several areas specified for 
development cooperation including but not limited to: c ooperation to enhance the competitiveness 
of Kenya and any future acceding EAC States; developing capacity for trade; attracting investment; 
strengthening trade, investment policies and regulations; as well as deepening regional integration.  
1.14.  The Agreement  rolled over the previous institutional arrangements, including an EPA Council, 
composed of EAC and UK ministers, which was responsible for overall operation and implementation 
of the Agreement. It was further assisted in th ose duties by a rolled over Commi ttee of Senior 
officials and several sub -committees.  To that end, the UK and Kenya had held the first Committee 
of Senior Officials meeting under the Agreement 's framework in July 2022.  
1.15.  The Agreement  contain ed a rendez -vous clause, which commit ted the Part ies to commence 
negotiations in several areas, including services, investment, competition, trade, environmental and 
sustainable development, intellectual property rights and transparency in public procurement, and 
any other areas agreed by the Parties.  The UK and Kenya had since reaffirmed their continued 
interest in extending the Agreement to include th ose areas.  
1.16.  The Parties looked forward to continuing to work closely on an agreement that was ambitious, 
modern, and comprehensive, and remain ed deeply committed to expanding and deepening  it in 
future.  
1.17.  The Chair opened the floor for comments by Members.  
1.18.  The representative of Mexico  thanked the Parties for the ir answers to questions and 
congratulated them for the presentation and their transparen cy in that exercise.  WT/REG417/M/1  
 
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  1.19.  The representative of the United States  thanked the UK and Kenya for participating in the 
valuable exercise. The US had submitted written questions and look ed forward to reviewing the 
written responses when they came in.  
1.20.  The representa tive of the European Union  welcomed the Agreement and thanked the Parties 
for the transparency provided.  
1.21.  The representative of Japan  thanked the Parties for their comprehensive and informative 
statements. He appreciated efforts by the Parties and the Secre tariat in preparing the factual 
presentation. He wished the Parties success in the implementation of the Agreement.  
1.22.  The representative of Canada  thanked the Members who took part in the work of the 
Committee. He thanked the Parties for their presentation o f the Agreement and the replies to 
Canada's written questions.  
1.23.  The Chair noted that the consideration of the Economic Partnership Agreement between 
Kenya and the United Kingdom  had allowed the Committee to clarify a number of questions and 
conclude oral d iscussion of the RTA in accordance with paragraph 11 of the Transparency 
Mechanism. Any delegations wishing to ask follow -up questions were invited to forward submissions 
in writing to the Secretariat by 21 November 2022 and the Parties were asked to submi t replies in 
writing by no later than 5 December 2022. In accordance with paragraph 13 of the Transparency 
Mechanism all written submissions, as well as the minutes of the meeting would be circulated 
promptly, in all WTO official languages, and made availa ble on the WTO website.  
1.24.  The Committee took note  of the comments made.  
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