Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P7: Measures on re-export 

Date when the measure came into force

11 November 1974 

Publication where the measure is specified

Act No: CAP. 482 Act : LOCAL MANUFACTURES (EXPORT COMPENSATION) subsidiary legislation 

Regulation where the measure is specified

Local Manufactures (Export Compensation) Act, 10974 

Country/Region applying the measure

Kenya 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

6. Application for payment
An application for a compensatory payment made by a person claiming to be entitled thereto shall be made to the Commissioner, through the Treasury, a person appointed by the Treasury or an appointed dealer as the case may be, in the prescribed form.
[Act No. 10 of 1987, s. 29.]
7. Action to be taken on application
(1) Where an application for compensatory payment is received by the Treasury or a person appointed by the Treasury or an appointed dealer, any of them shall, if satisfied that exportation of the eligible goods concerned is completed as required by section 5, notify the Commissioner the appropriate amount of compensatory payment due to the exporter in respect of the exports and when so authorized by the Commissioner, shall pay to the applicant on behalf of the Commissioner the appropriate amount of compensatory payment.
(2) In respect of an application for a compensatory payment, the Commissioner—
(a) if he is satisfied that the applicant is not entitled thereto, or that there has been a breach of this Act or regulations made thereunder in relation to the eligible goods concerned, or to the exportation thereof, may disallow the application in whole or in part; or
(b) in any other case, shall allow the application.
(3) Where an application is disallowed under paragraph (a) of subsection (2), any payment made under subsection (1) in relation to that application shall be repayable to the Commissioner by the person by whom it was received to the extent required by the disallowance.
FIRST SCHEDULE
(1) The rate of compensatory payment shall be, in respect of goods exported—
(a) before the 18th June, 1982, twenty per cent;
(b) on or after 18th June, 1982, but before 15th June, 1984, ten per cent;
(c) on or after 15th June, 1984, but before 14th June, 1985, fifteen per cent;
(d) on or after 14th June, 1985, twenty per cent, of the value of the goods.
(2) For the purposes of paragraph 1 the value of goods exported shall be the f.o.b value of those goods declared for export or the payment in respect thereof received in foreign currency by an authorized dealer, whichever is less.
FIRST SCHEDULE
(1) The rate of compensatory payment shall be, in respect of goods exported—
(a) before the 18th June, 1982, twenty per cent;
(b) on or after 18th June, 1982, but before 15th June, 1984, ten per cent;
(c) on or after 15th June, 1984, but before 14th June, 1985, fifteen per cent;
(d) on or after 14th June, 1985, twenty per cent, of the value of the goods;
(e) on or after the 10th January, 1992, eighteen per cent.
(2) For the purposes of paragraph 1 the value of goods exported shall be the f.o.b value of those goods declared for export or the payment in respect thereof received in foreign currency by an authorized dealer, whichever is less.
FIRST SCHEDULE
(1) The rate of compensatory payment shall be, in respect of goods exported—
(a) before the 18th June, 1982, twenty per cent;
(b) on or after 18th June, 1982, but before 15th June, 1984, ten per cent;
(c) on or after 15th June, 1984, but before 14th June, 1985, fifteen per cent;
(d) on or after 14th June, 1985, twenty per cent, of the value of the goods;
(e) on or after the 1st February, 1993, ten per cent.
(2) For the purposes of paragraph 1 the value of goods exported shall be the f.o.b value of those goods declared for export or the payment in respect thereof received in foreign currency by an authorized dealer, whichever is less 

Reference of the measure

Section 6 & 7 

Measure also domestic

No 

Products affected by the measure.

Description

Exports 

Countries/Regions affected by the measure.

Description

kenya