Non-Tariff Barriers

Non-Tariff Measure

NTM classification

G39: Regulation on official foreign exchange allocation, 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

28. Exchange controls on receipts and payments by export processing zone enterprises
(1) Unless otherwise provided under this Act or under any other written law—
(a) payments of funds by an export processing zone enterprise which may be received by residents or non-residents of the customs territory and debited from the foreign currency account legally maintained and operated by an export processing zone enterprise shall be subject to the provisions of the Exchange Control Act (Cap. 113) applicable to all transactions between such persons and non-residents;
(b)receipts of funds by export processing zone enterprises which may be paid by residents or non-residents as defined under the Exchange Control Act (Cap. 113) shall only be credited into foreign currency accounts legally maintained and operated by the export processing zone enterprises provided those payments arise in relation to authorized export processing zone exports or other transactions duly approved under the Exchange Control Act (Cap. 113);
(c) all currency transactions between export processing zone enterprises and non resident persons, resident outside the customs territory, shall be exempt from the Exchange Control Regulations, except for the regulations made under this Act and the Exchange Control Act (Cap.113) to apply to export processing zone enterprises.
(2) Notwithstanding subsection (1), all financial transactions, including payment of salaries and wages, between export processing zone enterprises and persons resident in Kenya shall be carried out through commercial bank accounts.
[Act No. 7 of 1993.] 

Reference of the measure

Part VII para 28 

Measure also domestic

No 

Products affected by the measure.

Description

Exports from Export processing Zones 

Countries/Regions affected by the measure.