Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P9: Export measures n.e.s. 

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

22. Powers of export processing zone developers and operators
(1) An export processing zone developer shall have power to—
(a) act or appoint an export processing zone operator to undertake management and administration of the export processing zone on its behalf subject to section 19(1);
(b) lease, sub-lease or sell land or buildings to licensed export processing zone enterprises, and charge rent or fees for other services that may be provided, in convertible foreign currency.
(2) The export processing zone developer shall—
(a) make improvements to the export processing zone site and its facilities according to the plans approved by the Authority;
(b)provide or facilitate provision of infrastructure and other services according to the design and engineering studies submitted to the Authority together with the application;
(c)provide adequate enclosures to segregate the zone area from the customs territory for the protection of revenue together with suitable provisions for the movement of persons, conveyances, vessels and goods entering or leaving the zone;
(d) provide adequate security on the site office accommodation and facilities for customs as determined by the Authority;
(e) adopt rules and regulations for businesses within the zone, which shall promote its safe and efficient operations;
(f) maintain adequate and proper accounts and other records in relation to its business and report on zone activities, performance and development to the Authority on an annual basis or as required by the Authority, the Commissioner of Customs and Excise, the Central Bank, the Central Bureau of Statistics or other relevant authorities; and
(g) register any lease agreements and service.
(3) The accounts and records required under paragraph (f) of subsection (2)
shall be maintained in English.
(4) An export processing zone operator shall have the powers stated in paragraph (b) of subsection (1).
(5) An export processing zone operator shall comply with all the provisions of this section including paragraphs (d), (e), (f) and (g) of subsection (2).
(6) Any export processing zone developer or export processing zone operator who fails to maintain adequate and proper accounts and other records as required by this section shall be guilty of an offence and liable to a fine not exceeding three hundred thousand shillings.
[Act No. 14 of 1991.] 

Reference of the measure

Part III para 22 

Measure also domestic

No 

Products affected by the measure.

Description

exports from export processing Zones 

Countries/Regions affected by the measure.