Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P5: State-trading enterprises, for exporting; other selective export channels 

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 I section 12 (6) 

Measure also domestic

No 

Products affected by the measure.

Description

Minerals 

Countries/Regions affected by the measure.