Import Licensing Notification Portal

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

The import licensing system is regulated by the Import, Export and Essential Supplies Act Cap. 502 together with a host of other administrative legislation depending on the product. The principal import licensing document is the Import Declaration Form (IDF) which is a self-declaration by the importer of goods intended to be imported into Kenya. The IDF is issued by commercial banks on behalf of the Government and is administered in accordance with the Customs and Excise Act. The importer has to approach more than one administrative organ depending on the nature of the products intended for importation.

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

The purpose of licensing is to ensure public safety, sanitary and phytosanitary measures and protection of the environment.
Licensing coverage is as listed in the Schedule below:
(iii) Part C of the Schedule contains goods which must meet technical, phytosanitary, health and environmental standards on their arrival.
Goods which do not fall under these Schedules may be imported freely. All imports into Kenya with an FOB value in excess of US$1,000 are subject to preshipment inspection unless listedon the exemption list as shown below:
- Goods destined to approved duty free stores
- Goods destined to approved Export Processing Zone (EPZA) enterprises
- Goods destined to approved Manufacturing Under Bond (MUB) enterprises
- Accompanied or unaccompanied used personal effects
- Ammunition, weapons or implements of war imported by the Government
- Current newspaper and periodicals (daily and weekly)
- Household and personal effects including motor vehicles provided such motor vehicles qualify for exempt entry under items 8(3) or 8(4) of the Third Schedule to the Customs and Excise Act
- Post parcels, excluding goods imported for trade
- Personal gifts sent by foreign residents to their relatives in Kenya for their personal use but excluding motor vehicles
- Gifts and supplies for use by diplomatic and consular missions and to United Nations Organisations

NB: The Ministry responsible for Finance can from time to time amend this list or Schedule and publish the same in a legal Gazette Notice in accordance with the Customs and Excise Act.
All importers are required to fill Import Declaration Forms (IDF) for all imports except for items falling under the exemption list. IDF is for import surveillance purposes.

Q3. The system applies to goods originating in and coming from which countries?

The system applies to imports of goods originating in and coming from all countries.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

Automatic import licensing is for management/statistical purposes while non-automatic import licensing is for the purpose of administering import restrictions maintained pursuant to Legal Notice No. 135 of 14 May 1993.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

Is the licensing statutorily required?

The licensing system is a statutory requirement regulated by the Import, Export and Essential Supplies Act.

Is it possible for the government to abolish the system without legislative approval?

Authority exists to suspend the system whenever it is determined that such action is appropriate. Notice of such action is published in the Government Gazette.

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

Information on the products is published in the Government Gazette which is available for purchase from the Government Printers to any interested person. There are no restrictions on quantity or value of imports. No quotas are imposed on imports.

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

No import licence is issued. All importers complete Import Declaration Forms (IDF). These IDFs are freely available to importers from preshipment inspection companies and commercial banks.

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

Q6.V. What are the minimum and maximum lengths of time for processing applications?

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

N/A

Q7.b. Can a licence be granted immediately on request?

N/A

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

There are no limitations as to the period of the year during which application for licence and/or importation may be made.

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

Which administrative body is responsible for approving application of licences?

Where goods are restricted, the IDF forms must be approved by the appropriate Government Department before goods are imported.

Must the applications be passed on to other organs for visa, note or approval?

The importer has to approach more than one administrative organ depending on the nature of the products he or she intends to bring into the country. Ministry of Agriculture Development and Marketing; Fisheries Department

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

None.

Are the reasons for any refusal given to applicants?

The reason for any refusal is given to the applicant in writing.

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

All persons, firms and institutions desiring to import are eligible to apply for a licence.

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

Licence applications are not required. An importer is required to complete Import Declaration Forms (IDFs) in accordance with the Customs and Excise Act together with a copy of the proforma invoice or contract or letter of credit, and PIN number from the income tax.

Q11. What documents are required upon actual importation?

Upon actual importation, an importer is issued with a CRF certificate by a preshipment inspection agent for use by the customs authority.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

Is there any licensing fee or administrative charge?

Yes.

What is the amount of the fee or charge?

There is no licensing fee (IDF) but a 2.75 per cent Government processing fee, calculated based on the value of goods, is payable to customs when clearing goods upon arrival in Kenya.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

There is no deposit or advance payment requirement associated with the issuance of licences (IDF).

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

There is no validity period for a licence. The IDFs which form the principal documents of importation are valid indefinitely. If unutilized IDFs remain a mere piece of paper.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

In view of reply 14, there is no penalty for non-utilization.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licences (IDFs) are not transferable between importers, because different importers have different PIN numbers.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

No.

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Is there a system of registration of persons or firms permitted to engage in importation?

Importers may register under the Registrar of Business Names Act Cap. 499, or the Partnership Act Cap. 29/30 (Unlimited Partnership Cap. 29 Partnership Cap. 30) Company Act, Cap. 486.

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

An import licence (referred to as Miscellaneous Occupation Licence) under the Trade Licensing Act, Cap. 497, is required. This licence is issued on the spot and free of charge. It is used for surveillance and statistical reasons. Importers must apply for Customs Computer Code used for import tracking.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Foreign exchange is automatically provided by the banks.

Is a licence required as a condition to obtaining foreign exchange?

No foreign exchange application is required.

Is foreign exchange always available to cover licences issued?

Foreign exchange is purchased in the open market by importers.

What formalities must be fulfilled for obtaining the foreign exchange?

Foreign exchange is allocated to importers by banks through the normal banking procedures and formalities.

Restricted goods subject to Prior Approval

Outline of Systems

Purposes and Coverage of Licensing