Non-tariff Measures
-
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 23 November 1990
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya,Export Processing Zones CAP. 517 [Rev. 2012]
- Regulation where the measure is specified
- Export processing Zone Act 1990
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- A: Protection of human life and health, E: Protection of the environment and G: Protection of national security
- Description of the measure
- 23. Establishment of export processing zone enterprises
(1) No export processing zone enterprise shall be established, and the benefits described in Part VIII shall not accrue to any enterprise, unless the export processing zone enterprise holds a valid licence issued by the Authority.
(2) The licence shall be granted by the Authority if the application is found to meet the objectives of this Act and if the proposed business enterprise—
(a)is incorporated in Kenya, whether or not it is one hundred percent foreign owned, for the sole purpose of producing goods or services for export within an export processing zone;
(b) proposes to engage in any activity or activities eligible to be undertaken by an export processing zone enterprise in the export processing zone;
(c) shall not have a deleterious impact on the environment, or engage in unlawful activities, impinging on national security or may prove to be a health hazard; and
(d) conducts business in accordance with the laws for the time being in force save for any exemptions that may from time to time be granted. - Reference of the measure
- Part VI para 23
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out PG: 1 All products No 23 November 1990 - Description
- Exports from export processing Zones
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Kenya 23 November 1990 - Description
- Exports from export processing Zones
-
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 23 November 1990
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya,Export Processing Zones CAP. 517 [Rev. 2012]
- Regulation where the measure is specified
- Export processing Zone Act 1990
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- A: Protection of human life and health, E: Protection of the environment and G: Protection of national security
- Description of the measure
- 23. Establishment of export processing zone enterprises
(1) No export processing zone enterprise shall be established, and the benefits described in Part VIII shall not accrue to any enterprise, unless the export processing zone enterprise holds a valid licence issued by the Authority.
(2) The licence shall be granted by the Authority if the application is found to
meet the objectives of this Act and if the proposed business enterprise—
(a)is incorporated in Kenya, whether or not it is one hundred percent foreign owned, for the sole purpose of producing goods or services for export within an export processing zone;
(b) proposes to engage in any activity or activities eligible to be undertaken by an export processing zone enterprise in the export processing zone;
(c) shall not have a deleterious impact on the environment, or engage in unlawful activities, impinging on national security or may prove to be a health hazard; and
(d) conducts business in accordance with the laws for the time being in force save for any exemptions that may from time to time be granted. - Reference of the measure
- Part VI para 23
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out PG: 1 All products No 23 November 1990 - Description
- Exports from export processing zones
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Kenya 23 November 1990 -
Applied by Kenya on Kenya for 0902: Tea, whether or not flavoured.
The measure came into effect on 09 April 2002
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 09 April 2002
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya/ TEA ACT CHAPTER 343 [Rev. 2012]
- Regulation where the measure is specified
- Tea Act 61 of 1960
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- 13. No manufacture of tea without licence
(1) No person shall manufacture tea for sale, whether by sun drying or otherwise, except under and in accordance with a licence issued by the Board.
17. No export of tea seed or plants without permission Any person who, except with the permission in writing of the Board, exports any tea seed, or any living tea plants, or any living parts of tea plants which are capable of use for the propagation of tea, shall be guilty of an offence. - Reference of the measure
- Part VI, para 13 (1), para 17
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out 0902 Tea, whether or not flavoured. No - Description
- Tea
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Kenya 09 April 2002 -
Applied by Kenya on the entire world
The measure came into effect on 14 January 2013
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 14 January 2013
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya
- Regulation where the measure is specified
- AGRICULTURE, FISHERIES AND FOOD AUTHORITY ACT
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- E: Protection of the environment
- Description of the measure
- A person shall not export raw cashewnuts, pyrethrum, bixa, macadamia or any
other agricultural product as may be prescribed, except with the written authority
of the Cabinet Secretary. - Reference of the measure
- 43. Prohibition of export of some new produce (PART VII – MISCELLANEOUS PROVISIONS)
- Measure also domestic
- No
Products affected by the measure.
- Description
- Raw cashewnuts, pyrethrum, bixa, macadamia
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 14 January 2013 -
Applied by Kenya on the entire world for 4403: Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared., 4404: Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwo and 4407: Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm.
The measure came into effect on 24 May 1971
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 24 May 1971
- Publication where the measure is specified
- CHAPTER 386 - Timber Act
- Regulation where the measure is specified
- the Timber Act.
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- 8.(1) No person shall export or enter for export any timber-
(a) of Kenya origin, except under and in accordance with the terms of an export permit issued by the Conservator or by a person authorized by him in writing in that behalf;
(b) of Tanzania or Uganda origin, unless it is accompanied by a document issued in the country concerned allowing such export;
(c) in respect of which an export permit has been issued, until a certificate of grading has been obtained or in a state other than that in which such timber was when such certificate was issued;
(d) through any place or port in Kenya which has not been declared by the Conservator, by notice the Gazette, as a place or port of export of timber for
the purposes of this Act.
(2) The Minister may, by notice in the Gazette, restrict or prohibit the export of any specified timber of Kenya origin.
(3) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and, in addition to any other penalty which may be imposed therefor, the court may order—
(a) if the timber concerned is the property of the person convicted, that such timber be forfeited; or
(b) if such timber is the property of some other person, that the person convicted shall pay an additional fine equal to the value of such timber at the date the offence was committed.
Cancellation of export permits
9. The Conservator, or any person authorized by him in writing in that behalf, may cancel any export permit in respect of graded timber it he is of opinion that such timber, by reason of the method of handling or storage whilst in transit, is no longer in the state in which it was when the certificate of grading was issued - Reference of the measure
- Part III para 8 & 9
- Measure also domestic
- Yes
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out 4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. No 4404 Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwo No 4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm. No - Description
- Timber
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 24 May 1971 - Description
- All countries excluding EAC
-
Applied by Kenya on the entire world for 4403: Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared., 4404: Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwo and 4407: Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm.
The measure came into effect on 05 May 1971
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 05 May 1971
- Publication where the measure is specified
- LAWS OF KENYA TIMBER ACT CHAPTER 386 Revised Edition 2012 [1972] Published by the National Council for Law Reporting with the Authority of the Attorney-General
- Regulation where the measure is specified
- timber Act 14 of 1970
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- 8. Restriction on export of timber
(1) No person shall export or enter for export any timber—
(a)of Kenya origin, except under and in accordance with the terms of an export permit issued by the Conservator or by a person authorized by him in writing in that behalf;
(b)of Tanzania or Uganda origin, unless it is accompanied by a document issued in the country concerned allowing such export;
(c)in respect of which an export permit has been issued, until a certificate of grading has been obtained or in a state other than that in which such timber was when such certificate was issued;
(d)through any place or port in Kenya which has not been declared by the Conservator, by notice in the Gazette, as a place or port of export of timber for the purposes of this Act.
(2) The Minister may, by notice in the Gazette, restrict or prohibit the export of any specified timber of Kenya origin.
(3) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and, in addition to any other penalty which may be imposed therefor, the court may order—
(a)if the timber concerned is the property of the person convicted, that such timber be forfeited; or
(b)if such timber is the property of some other person, that the person convicted shall pay an additional fine equal to the value of such timber at the date the offence was committed - Reference of the measure
- Part III para 8 P13
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out 4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. No 4404 Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwo No 4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm. No - Description
- Timber
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 05 May 1971 -
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 23 November 1990
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya,Export Processing Zones CAP. 517 [Rev. 2012]
- Regulation where the measure is specified
- Export processing Zone Act 1990
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- 25. Goods within an export processing zone
(1) Subject to section 17, goods within an export processing zone shall not be
taken out of the zone except—
(a) for export; or
(b) for export into the customs territory, with the approval of the Minister and subject to the import and customs procedures and payment of import duties; or
(c) for repair and maintenance or processing or conversion, with prior approval of the Authority under supervision of customs and subject to such conditions as may be imposed. - Reference of the measure
- Part VII para 25 (1)
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out PG: 1 All products No 23 November 1990 - Description
- Exports from export processing zones
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Kenya 23 November 1990 -
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 31 May 2007
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya
- Regulation where the measure is specified
- The Environmental Management and Coordination (Controlled Substances) Regulations, 2007
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- E: Protection of the environment
- Description of the measure
- No person shall export a controlled substance shall be made to the Authority in the prescribed Form 4 set out in the Second Schedule to these Regulations.
- Reference of the measure
- Part III - Licensing and permit provisions
- Measure also domestic
- No
Products affected by the measure.
- Description
- Group 1 consist of partially halogenated flourochemicals with ozone depleting substances of less than 0.12 and defined as transitional substances;
Group 2 consist of hydrobromoflourocarbons with ozone depleting substances estimated to vary from 0.1 to 1 and;
Group 3 consist of bromochloromethane with ozone depleting substances
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 31 May 2007 -
Applied by Kenya on the entire world for 25: Salt; sulphur; earths and stone; plastering materials, lime and cement, 26: Ores, slag and ash and 27: Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes
The measure came into effect on 01 October 2012
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 01 October 2012
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya,CHAPTER 306 MINING ACT
- Regulation where the measure is specified
- Mining Act no 29 of 1940 revised 2012
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- (3) No person shall deal in minerals unless he has been registered as a dealer and has been issued with a mineral dealers licence by the Commissioner: Provided that a person holding a valid mining title who has declared as provided by this Act that he is in production and is disposing of the type of mineral for which he is licensed to mine shall not be required to obtain a mineral dealers licence.
(4) A person who has been issued with a mineral dealers licence shall maintain a proper register of the kind, quantity and quality of minerals dealt in, bought, sold, bartered, exported, cut or polished, the manner by which it was obtained or disposed of; and the dealer shall make the register available for inspection by the Commissioner or any person authorised by him in writing.
(5) A mineral dealers licence issued under this section shall expire on the 31st December in the year of issue.
(6) The fees for a mineral dealers licence shall be prescribed by the Minister by notice in the
Gazette
.(6A) Any person who possesses or deals in any mineral without a mineral without a mineral dealer’s licence shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both; and the minerals in respect of which the offence
was committed shall be forfeited to the Government.
(7) For the purposes of this section, “to deal in minerals”includes to buy, sell, barter deposit or receive as a pledge or security, export, cut or polish any miners which are subject to this Act. - Reference of the measure
- Part 1 Serction 12 (3,4,5,6&7)
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out 25 Salt; sulphur; earths and stone; plastering materials, lime and cement Yes 26 Ores, slag and ash Yes 27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes Yes - Description
- Minerals
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 01 October 2012 -
Applied by Kenya on the entire world
The measure came into effect on 01 January 2017
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 01 January 2017
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya
- Regulation where the measure is specified
- THE MINING (DEALINGS IN DIAMONDS) REGULATIONS, 2017
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- 3. (1) Except otherwise provided for in the Act and under these regulations, a person shall not deal in diamonds unless the person holds a licence granted by the Cabinet Secretary for that purpose.
(2) Without limiting the generality of sub regulation (1), these regulations shall apply to:
(a) export and import of rough diamonds;
(b) the buying and selling of rough diamonds in Kenya; and
(c) cutting and polishing of rough diamonds. - Reference of the measure
- Section 3 Application of regulations
- Measure also domestic
- No
Products affected by the measure.
- Description
- Rough diamonds
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 01 January 2017 -
Applied by Kenya on the entire world
The measure came into effect on 29 September 2006
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 29 September 2006
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya
- Regulation where the measure is specified
- ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (WASTE MANAGEMENT) REGULATIONS 2006
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- E: Protection of the environment
- Description of the measure
- 27. (1) No person shall export hazardous wastes without a valid permit issued by the Authority and a valid Prior Informed Consent document issued by the designated national authority of the receiving country.
(2) An application for exportation of toxic or hazardous 10
waste shall be submitted to the Authority in Form I set out in the Sixth Schedule accompanied by the prescribed fee and a copy of the Prior Informed Consent document from the receiving country.
(3) Where the Authority is satisfied that all the requirements have been complied with, it shall issue an export permit as set out in Form II of the Sixth Schedule.
(4) Where a permit is issued under these Regulations, the permit holder shall be send a copy of the permit to the Kenya Revenue Authority for the necessary customs verification and control. - Reference of the measure
- Section 27 Export Permit
- Measure also domestic
- No
Products affected by the measure.
- Description
- Hazardous wastes
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 29 September 2006 -
Applied by Kenya on the entire world
The measure came into effect on 01 January 2015
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 01 January 2015
- Publication where the measure is specified
- THE WILDLIFE CONSERVATION AND MANAGEMENT ACT
- Regulation where the measure is specified
- WILDLIFE CONSERVATION AND MANAGEMENT (LICENSING AND WILDLIFE USER RIGHTS) REGULATIONS, 2015
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- E: Protection of the environment and F: Protection of wild fauna and flora
- Description of the measure
- 4. (1) Pursuant to Part X of the Act, a person may, upon application and payment of the prescribed fee to the Committee or the Service, whichever is relevant, be granted one or more of the following classes of permits-
(a) general permit for non-consumptive wildlife user rights in accordance with section 80 (1) of the Act;
(b) permit for consumptive wildlife user rights in accordance with section 80 (3) of the Act;
(c) permit to deal in trophies in accordance with section 84 of the Act; and
(d) permit to trade in wildlife species in accordance with section 85 of the Act.
(2) An application for any permit under this Part shall be through the Forms specified in the subsequent Regulations as prescribed in the First Schedule.
(3) The fee payable for each permit shall be as prescribed in the Second Schedule to these Regulations - Reference of the measure
- PART II- LICENSING TO DEAL IN WILDLIFE SPECIES
- Measure also domestic
- Yes
Products affected by the measure.
- Description
- Consumptive and non-consumptive wildlife
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 01 January 2015 -
Applied by Kenya on the entire world for
The measure came into effect on 26 August 1994
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 26 August 1994
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL) ACT,CHAPTER 245
- Regulation where the measure is specified
- Narcotic Drugs and psychotropic substances (control ) act 40 of 1994
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- A: Protection of human life and health
- Description of the measure
- 16. Board to issue licences for export, import, manufacture, etc.
(1) The Minister shall establish a Board which shall consist of—
(a)the Attorney-General or his representative;
(b)the Permanent Secretary of the Ministry for the time being
responsible for Provincial Administration and/or Internal Security or his representative;
(c)the Permanent Secretary of the Ministry for the time being responsible
for Health or his representative;
(d)the Commissioner of Police or his representative;
(e)three other persons appointed by the Minister of whom one shall be appointed as the chairman.
(2) The Board shall—
(a)issue licences for the importation, exportation, diversion, sale, manufacture, production or distribution (at stated places) of any narcotic drug of psychotropic substance;
(b)name ports or places in Kenya where any narcotic drug or psychotropic substance may be exported or imported;
(c)prescribe the manner in which any narcotic drug or psychotropic substance is to be packed or marked for export; and - Reference of the measure
- Part III para 16 (2) a
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out PG: 37 Narcotic drugs and psychotropic substances No 26 August 1994 - Description
- Narcotic drugs and psychotropic substances
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 26 August 1994 -
Applied by Kenya on the entire world
The measure came into effect on 01 January 2016
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 01 January 2016
- Publication where the measure is specified
- THE WILDLIFE CONSERVATION AND MANAGEMENT ACT
- Regulation where the measure is specified
- WILDLIFE CONSERVATION AND MANAGEMENT (MARINE PROTECTED AND MARINE CONSERVATION AREAS) REGULATIONS, 2016
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- E: Protection of the environment and F: Protection of wild fauna and flora
- Description of the measure
- Permits for certain undertakings
7. (1) Except on grant of a permit from the Service, no person shall be allowed to injure, damage, take, or possess any living, geological, or cultural, marine resource whether for personal or commercial interest.
(2) The Service may grant a permit for research in a marine protected area or marine conservation area upon satisfaction of the requirements set down in Regulation 13 and 14 herein.
(3) Application for a research permit under sub-regulation (2) shall be made under the Wildlife Conservation and Management (Wildlife Research) Regulations.
(4) An applicant for a research permit in a marine conservation area must after receipt of permit seek further consent from the Committee. - Reference of the measure
- PART III- ADMINISTRATION AND PERMITS
- Measure also domestic
- Yes
Products affected by the measure.
- Description
- Living, geological, or cultural, marine resource
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 01 January 2016 -
Applied by Kenya on the entire world
The measure came into effect on 01 January 2016
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 01 January 2016
- Publication where the measure is specified
- THE WILDLIFE CONSERVATION AND MANAGEMENT ACT
- Regulation where the measure is specified
- WILDLIFE CONSERVATION AND MANAGEMENT (PROTECTION OF ENDANGERED AND THREATENED ECOSYSTEMS, HABITATS AND SPECIES) REGULATIONS, 2016
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- E: Protection of the environment and F: Protection of wild fauna and flora
- Description of the measure
- Restricted activities with regard to listed species
9. (1) Restricted activities involving listed species in regulation 8 include-
(a) any activity which is of a nature that may negatively impact on the survival of a listed species; and
(b) any of the following activity carried out without a permit issued under the Act or Regulations-
(i) catching, capturing or intentionally killing any living specimen of a listed species by any means, methods or device whatsoever, including searching, pursuing, driving, lying in wait; luring; alluring; discharging a missile or injuring with intent to hurt, catch, or kill any such specimen;
(ii) gathering, collecting or plucking any specimen of a listed species;
(iii) picking parts of, or cutting, chopping off, uprooting, damaging or destroying, any specimen of a listed species;
(iv) importing into Kenya, any specimen of a listed species;
(v) exporting from Kenya, including re-exporting from Kenya, any specimen of a listed species;
(vi) having in possession or exercising physical control over any specimen of a listed species; - Reference of the measure
- PART III-LISTED SPECIES
- Measure also domestic
- No
Products affected by the measure.
- Description
- (A) MAMMALS
Aders' duiker
Black rhinoceros
Hirola
Eastern red colobus
Tana crested mangabey
Roan antelope
Sable antelope
White rhino
Coalfish whale
Blue whale
Grevy's zebra
African wild dog
Giant thicket rat
Barbour's vlei rat
Mount elgon vlei rat
Golden-rumped elephant shrew
Eastern bongo
African elephant
African lion
Cheetah
Striped hyaena
Sitatunga
Leopard
Lelwel hartebeest
Rothschild's giraffe
Giant forest hog
Percival's trident bat
Common hippopotamus
East african little collared fruit bat
Hump whale
Dugong
Sperm whale
Jackson's mongoose
Black and rufous elephant shrew
Hopkins's groove-toothed swamp rat
Hildegarde's tomb bat
Soemmerring's gazelle
African golden cat
Macinnes's mouse-tailed bat
Aberdare shrew
Mt. Kenya shrew
Audacious mole rat
Dwarf multimammate mouse
East african little collared fruit bat
Eastern tree hyrax
Elgon shrew
Fischer's shrew
Hamilton's tomb bat
Highland shrew
Hildegarde's tomb bat
Kenyan big-eared free-tailed bat
Large-eared free-tailed bat
Lesser hamster-rat
Red bush squirrel
Rombo shrew
Smoky white-toothed shrew
Sperm whale
Spotted-necked otter
Springhare
Vermiculate shrew
Spotted hyaena
Lesser kudu
Greater kudu
(B) BIRDS
Taita Apalis
Taita Thrush
Madagascar Pond-heron
Saker Falcon
Egyptian Vulture
Sokoke Scops-owl
Aberdare Cisticola
Basra Reed-warbler
Turner's Eremomela
Spotted Ground-thrush
Amani Sunbird
Clarke's Weaver
Sharpe's Longclaw
Sokoke Pipit
Lesser Kestrel
White-headed Vulture
Lappet-faced Vulture
Greater Spotted Eagle
Eastern Imperial Eagle
Madagascar Pratincole
Blue Swallow
White-winged Apalis
Karamoja Apalis
Papyrus Yellow Warbler
Hinde's Pied-babbler
Abbott's Starling
Chapin's Flycatcher
Ring-necked Francolin
Maccoa Duck
Lesser Flamingo
Red-footed Falcon
Sooty Falcon
Taita Falcon
White-backed Vulture
Rueppell's Vulture
Southern Banded Snake-eagle
Pallid Harrier
Denham's Bustard
Corncrake
Black Crowned-crane
Chestnut-banded Plover
Great Snipe
Black-tailed Godwit
Eurasian Curlew
White-eyed Gull
African Skimmer
White-winged Collared-dove
Grey Parrot
Fischer's Turaco
European Roller
Grey-crested Helmet-shrike
Papyrus Gonolek
East Coast Akalat
Semi-collared Flycatcher
Plain-backed Sunbird
Jackson's Widowbird
Malindi Pipit
Ostrich
Secretary Bird
Ring-necked Francolin
Great Crested Grebe
Saddle-billed Stork
Olive Ibis
Great White Egret
African Darter
African Fish Eagle
White-headed Vulture
Ayres's Hawk-Eagle
Martial Eagle
Crowned Eagle
Denham's Bustard
Striped Flufftail
Baillon's Crake
African Finfoot
Grey Crowned Crane
Black-rumped Buttonquail
Cape Eagle-Owl
Red-chested Owlet
Nyanza Swift
Shining-blue Kingfisher
Forest Wood-hoopoe
Violet Wood-hoopoe
Taita Fiscal
Piapiac
Thekla Lark
Southern Hyliota
Pale-breasted Illadopsis
Red-billed Oxpecker
Yellow-billed Oxpecker
Tsavo Sunbird
Kenya Rufous Sparrow
Taveta Golden Weaver
Papyrus Canary
Yellow flycatcher
(C) Reptiles
Hawksbill turtle
Torrent Frog
Green turtle
Olive ridley
Rock python
Shimba Hills banana frog
Shimba Hills reed frog
Forest frog
Treefrog
Mount Kenya Frog
Crevice tortoise
Turkana mud turtle
Montane toad
Montane Tree Frog
Mt. Kenya bush viper
Kemp's ridley
Black turtle
Loggerhead
Leatherback
Yellow-bellied hinged terrapin
tropical geckos
Baobab gecko
Writhing skink
Keel-bellied lizard
Girdled-lizard
Worm snakes
Gunther's centipede-eater
East African egg eating snakes
Large brown spitting cobra
Black necked spotters
Savannah monitor lizard
Speckled bush snake
Puff adder
Green mamba
Nairobi toad
Silvery tree frog
Taita toad
Yellow-spotted tree frog
Turkana Toad
Delicate Spiny Reed Frog
Painted Reed Frog
Long Reed Frog
Spotted Reed Frog
Water Lily Reed Frog
Kenya sand boar
Side-striped chameleon
Flap-neck Chameleon
Elliot's Chameleon
High Casqued.Chameleon
Jackson's Chameleon (Three-horned
Chameleon)
Mount Kenya Chameleon
Gaboon Viper
Black and Red Skink
(D). Fish
Singidia tilapia
Lake chala tilapia
Jipe tilapia
Victoria tilapia
Rainbow sheller
Lake victoria deepwater catfish
Montane dancing-jewel
Magadi tilapia
Giant wrasse
Victoria stonebasher
Kyoga flameback
Grey nurse shark
Bigeye tuna
Whale shark
Porcupine ray
Oceanic whitetip shark
Great white shark
Bowmouth guitarfish
Black-blotched stingray
Giant guitarfish
Shorttail nurse shark
Brindle bass
Blue notho
Boji plains nothobranch
Elongate nothobranch
Ewaso nyiro labeo
(E) TREES
Voi cycad
East african sandalwood
Red stinkwood
Meru oak
Camphor
Parasol tree
Rat aloe
Tana river poplar
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 01 January 2016 -
Applied by Kenya on the entire world for 1207.2: - Cotton seeds :, 5201.00.00: Cotton, not carded or combed. and 5203.00.00: Cotton, carded or combed.
The measure came into effect on 01 September 1989
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 01 September 1989
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya ,CHAPTER 335 COTTON ACT
- Regulation where the measure is specified
- The Cotton Act 3 of 1988
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- 19. Restriction on export and sale of cotton
(1) Subject to this Act, no person shall—
(a)sell raw cotton, cotton lint or cotton seed to any person unless such person has been licensed by the Authority in respect of the raw cotton, cotton lint and cotton seed to the extent and subject to the conditions considered necessary by the Authority;
(b)purchase raw cotton from any grower other than a ginner licensed under this Act;
(c)carry out the ginning of raw cotton unless he holds a ginner’s licence granted under section 26.
(2) The Minister may from time to time, after consultation with the Board, fix prices at which purchasers of raw cotton may purchase the cotton.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both.
23 (1) No person shall—
(a)carry out the ginning of raw cotton unless he holds a ginner's licence granted under section 26;
(b)export or import raw cotton, cotton lint or cotton seed except through the agency of the Board or a licensed cotton export-import agent orunless he holds a cotton export-import agent's licence granted under
section 26.
(2) A person who contravenes subsection (1) shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding twenty thousand shillings or to both. - Reference of the measure
- Part V section 19 & 23 (b)
- Measure also domestic
- Yes
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out 1207.2 - Cotton seeds : No 5201.00.00 Cotton, not carded or combed. No 5203.00.00 Cotton, carded or combed. No - Description
- Cotton
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 01 September 1989 -
Applied by Kenya on the entire world
The measure came into effect on 26 February 2016
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 26 February 2016
- Publication where the measure is specified
- THE FORESTS ACT, 2005
- Regulation where the measure is specified
- THE FORESTS (FEES AND CHARGES) REGULATIONS, 2015
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- Charcoal export permit
- Reference of the measure
- FOURTH SCHEDULE (r. 7)
FEES FOR FOREST ACTIVITIES - Measure also domestic
- No
Products affected by the measure.
- Description
- Charcoal
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 26 February 2016 -
Applied by Kenya on the entire world for
The measure came into effect on 12 February 2009
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 12 February 2009
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya biosafety Act chapter 321A
- Regulation where the measure is specified
- Biosafety Act of 2009
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- 21A person intending to export a genetically modified organism from Kenya shall provide the Authority with an advance written consent granted by a relevant authority of the country to which the genetically modified organism is destined, to the effect that such relevant authority has no objection to the intended exportation
- Reference of the measure
- Part III section 21
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out PG: 2 Agricultural products Yes This measure affects exclusively genetically modified organisms 12 February 2009 - Description
- genetically modified organism
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 12 February 2009 -
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 16 May 2016
- Publication where the measure is specified
- KENYA GAZETTE SUPPLEMENT ACTS, 2016
- Regulation where the measure is specified
- THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- A: Protection of human life and health and B: Protection of life and health of animals
- Description of the measure
- 43. A person shall not export raw cashewnuts, pyrethrum, bixa, macadamia or any other agricultural product as may be prescribed, except with the written authority of the Cabinet Secretary.
- Reference of the measure
- 43. Prohibition of export of some new product
- Measure also domestic
- No
Products affected by the measure.
- Description
- Raw cashewnuts, pyrethrum, bixa, macadamia or any other agricultural product
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Entire world 26 April 2016 -
Applied by Kenya on Kenya for 3601.00.00: Propellent powders., 3602.00.00: Prepared explosives, other than propellent powders. and 3603.00.00: Safety fuses; detonating fuses; percussion or detonating caps; igniters; electric detonators.
The measure came into effect on 02 January 2012
Non-Tariff Measure
- NTM classification
- P13: Production and post-production requirements to export
- Date when the measure came into force
- 02 January 2012
- Publication where the measure is specified
- The Republic Of Kenya, Laws of Kenya, explosives Act Chapter 115
- Regulation where the measure is specified
- Explosives Act 13 of 1929 revised edition 2012
- Country/Region applying the measure
- Kenya
- Coded list of objectives
- X: For purposes n.e.s.
- Description of the measure
- 10. Prohibition of importation and exportation of explosives without permit. No person shall import or export, or cause to be imported or exported, any explosive, unless he has obtained a permit issued, in the case of blasting materials, under the authority of an inspector, or, in the case of other explosives, by any person authorized by the Commissioner to issue such a permit.
- Reference of the measure
- Para 10
- Measure also domestic
- No
Products affected by the measure.
Code Product Partial coverage Partial coverage indication Date in Date out 3601.00.00 Propellent powders. No 3602.00.00 Prepared explosives, other than propellent powders. No 3603.00.00 Safety fuses; detonating fuses; percussion or detonating caps; igniters; electric detonators. No - Description
- Explosives (does not include amunitions):
(a) gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting
powders, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those herein mentioned or not, which is used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;
(b) any fuse, rocket, detonator or cartridge, and every adaptation
Countries/Regions affected by the measure.
Inclusion/Exclusion Country Date in Date out Inclusion Kenya 02 January 2012
P13: Production and post-production requirements to export