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.

Code Product Partial coverage Partial coverage indication Date in Date out
25 Salt; sulphur; earths and stone; plastering materials, lime and cement Yes Minerals    
26 Ores, slag and ash Yes Minerals    
27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes Yes Minerals    
Description
Minerals 

Countries/Regions affected by the measure.

Inclusion/Exclusion Country Date in Date out
Inclusion Entire world 01 October 2012