Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 (Repealed by Act No 17 of 2006) The Imports, Exports and Essential Supplies Act Chapter 502 1-Short title. 2-Interpretation. 3-Appointment of Director, Deputy Director and Assistant Directors of trade and supplies. 4-Power to prohibit or restrict exportation or importation of goods. 5-Penalty for exportation or importation of goods contrary to order. 6-Director's power to issue and cancel licences. 7-Particulars to be specified in licences. 8-Names contained in licences to be specified in all documents relating to exported goods. 9-Declaration as to ultimate destination of goods exported. 10-Power to control supplies of essential goods. 11-Power to require returns. 12-Commencement and publication of orders. 13-False statements, etc. 14-Power to enter and search premises under warrant 15-Powers of entry and seizure. 16-Power to search vehicles. 17-Procedure on seizure of goods. 18-Retention and disposal of seized goods. 19-Obstruction of officers. 20-General penalties. 21-Offences committed by company, firm or other association. 22-Legal proceedings and protection of officers. 23-Minister to consult other ministers in certain circumstances. 24-Regulations. CHAPTER 502 www.kenyalaw.org 1 Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 2 IMPORTS, EXPORTS AND ESSENTIAL SUPPLIES ACT Commencement Date: 1958-12-09 An Act of Parliament to make provision for the control of the importation and exportation of goods of any description and of supplies essential to the life or well-being of the community; and for connected purposes PART I-PRELIMINARY Short title 1. This Act may be cited as the Imports, Exports and Essential Supplies Act. Interpretation. 2. In this Act, unless the context otherwise requires "assistant director" means a person for the time being appointed as an assistant director of trade and supplies under section 3; "Deputy Director" means the person for the time being appointed as Deputy Director of Trade and Supplies under section 3; "Director" means the person for the time being appointed as Director of Trade and Supplies under section 3; "export licence" means an export licence issued under section 6; "goods" includes all kinds of articles, wares, merchandise and livestock; "import licence" means an import licence issued under section 6. Appointment of Director, Deputy Director and assistant directors of trade and supplies. L.N.303/1964. 3. (1) There may be appointed a Director of Trade and Supplies and a Deputy Director of Trade and Supplies, and so many assistant directors of trade and supplies as may be deemed necessary, either for Kenya as a whole or for any specified area of Kenya. (2) The Director may, with the approval of the Minister delegate in writing all or any of his powers, duties or functions under this Act, either generally or in any area in Kenya, or for such periods or purposes as he may specify, to the Deputy Director or to any assistant director, and may at any time revoke or vary any such delegation: Provided that no such delegation shall be deemed to divest the Director of all or any of his powers or duties or functions, and he may, if he thinks fit, exercise such powers, duties or functions notwithstanding the fact that he has so delegated them. PART II-CONTROL OF EXPORTS AND IMPORTS Power to prohibit or restrict exportation or importation of goods. 11 of 1970, Sch., 13 of 1980, Sch. Cap. 472. 4. (1) Whenever from time to time it appears to the Minister, after consultation with such persons as appear to the Minister to represent commercial and industrial interests in Kenya, to be necessary in the public interest, or for the www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 3 observance or performance by the Government of any of its obligations in respect of external affairs, so to do, he may by order either prohibit absolutely or restrict, by means of such conditions and limitations as may be specified in the order the exportation or importation of all or any specified goods or class or description of goods, either generally or to or from any specified country or place or to or from any specified person or class of persons: Provided that the Minister may dispense with such consultation as aforesaid in any case which appears to him to be too urgent to permit of such consultation. (2) Any order made under this section may be varied or revoked by a subsequent order. (3) The Minister shall not delegate to any person the powers conferred upon him by this section. (4) The provisions of subsection (2) of section 15 of the Customs and Excise Act relating to prohibition shall not apply to any goods the importation of which is restricted by an order made under this section which are imported into Kenya in a manner that is not contrary to any law relating to customs and in respect of which an import licence is granted whilst such goods are subject to customs control. (5) This section shall not apply to drugs, poisons or other medical supplies of any description. Penalty for exportation or importation of goods contrary to order. 10 of 1988, s. 44. 5. Where the exportation or importation of any goods or class or description of goods is prohibited or restricted, either generally or to or from any country or place or to any person or class of persons, by an order made under section 4, any person who exports or imports, or attempts to export or import, any such goods in contravention of the provisions of the order otherwise than under the authority of an export licence or of an import licence (as the case may be), or otherwise than in accordance with the extent or the conditions of such licence, if any, authorizing such export or such import, shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three years or to both. Director's power to issue and cancel licences. 6. (1) The Director may either grant or refuse to grant an export licence or an import licence, authorizing the exportation or importation of any goods the exportation or importation of which is for the time being prohibited or restricted by an order made under section 4, or may grant such a licence to such extent or upon such conditions as he may think fit, and he may likewise from time to time renew, or at any time vary or cancel, any licence already granted. (2) The Director may impose additional or different conditions upon the variation or renewal of any export licence or import licence. (3) No export licence or import licence issued to any person shall be transferred to any other person except with the previous written permission of the Director, and any person who attempts, or purports, to transfer any such licence to any other person without such permission shall be guilty of an offence and liable to a fine not exceeding two thousand shillings. www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 4 (4) An appeal shall lie to the Minister against any decision of the Director under this section, which appeal shall be in writing and shall be lodged with the Minister within seven days of the communication to the person concerned of the Director's decision; and the decision of the Minister shall be final. Particulars to be specified in licences. 7. Every export licence and every import licence shall specify(a) the name of the person to or from whom or the place to or from which, or, as the case may require, both the name of the person to or from whom and the place to and from which, exportation or importation of the goods is subject of the licence is authorized by the licence; (b) such of the conditions and limitations specified in the order imposing the restriction on the exportation or importation of the goods the subject of the licence as may be applicable in the case of such goods, person or place; (c) the conditions to which the licence is subject in accordance with section 6; and (d) such other matters as may be prescribed. Declaration as to ultimate destination of goods exported. Cap.472. 9. (1) Whenever any consignment of goods, the exportation of which is authorized by an export licence, is entered for exportation in accordance with the Customs and Excise Act, the Director may require the exporter or any person acting on his behalf to make a declaration in writing specifying the person for whom and the country for which the goods are ultimately destined. (2) Where any such consignment is intended to be exported otherwise than overseas, references in subsection (1) to the consignment being entered for exportation shall be construed as references to the consignment being delivered to the contractor or other person actually effecting such exportation. (3) The Director may, by notice in writing served upon the person appearing to the Director to be the exporter of the goods, prohibit the exportation of any such consignment pending the making and delivery to him of a declaration in any case in which a declaration is required to be made under subsection (1) or (2). (4) After the exportation of any consignment of goods, the expiration of which is authorized by an export licence the Director may, whether or not a declaration has been made or delivered under the preceding provisions of this section require the exporter to produce to him, within such period, not being less than fourteen days after the date upon which the consignment is intended to reach its ultimate destination, as the Director may specify, satisfactory evidence that the consignment has reached its ultimate destination as specified in the declaration or, as the case may be, the export licence. (5) Any person who (a) refuses or neglects to make or deliver to the Director any declaration required of him under this sectionor www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 5 (b) knowingly or recklessly makes or delivers to the Director any such declaration which is false or misleading in a material particular; or (c) exports or attempts to export any goods in contravention of a prohibition imposed by the Director under subsection (3); or (d) refuses or neglects, except for reasons beyond his control, the onus of proof whereof shall lie on him to produce to the Director satisfactory evidence in accordance with subsection (4), shall be guilty of an offence. PART III - CONTROL OF ESSENTIAL SUPPLIES Power to control supplies of essential goods 51 of 1960, s. 2, L.N.303/1964. 10. (1) The Minister, so far as it appears to him, after consultation with such persons as appear to the Minister to represent commercial and industrial interests in Kenya, to be necessary in the interests of maintaining, controlling or regulating supplies of any goods which he considers to be essential to the life or well-being of the community, or the equitable distribution of such goods, may by order (a) prohibit absolutely or control or regulate the manufacture treatment, acquisition, keeping, storage, movement, transport, distribution, sale, purchase, disposal ,use and consumption of such goods; (b) require any person in possession of any such goods to sell them to a specified person or class of persons, at a specified price not being less than the price at which similar goods are normally sold; (c) provide for any incidental and supplementary matters for which the Minister thinks it expedient for the purposes of the order to provide; (d) empower the Director, the Deputy Director and all assistant directors, or any of those persons, subject to such limitations (if any) as may be specified in the order, to issue such directions as may seem to them or any of them necessary in the interests of maintaining, controlling or regulating supplies of any goods which the Minister considers to be essential to the life or well-being of the community, or the equitable distribution of such goods, for all or any of the purposes referred to in the foregoing paragraphs : Provided that the Minister (i) may dispense with such consultation in any case which appears to him to be too urgent to permit of such; (ii) shall not act under paragraph (d) unless he is satisfied that the circumstances render it impossible for him to exercise the necessary control by means of the powers conferred by paragraphs (a), (b) and (c). (2) Any order made under this section may prohibit the doing of anything thereby forbidden except under the authority of a licence or permit granted, on payment of fees or otherwise, or may require the doing of anything thereby ordered by such authority or person as may be specified in such order and may be made so as to www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 6 apply either generally or to any particular goods or class or description of goods and so as to have effect either throughout Kenya or in any particular area thereof, and different orders may be made for different goods purposes or circumstances. (3) Any order made under this section may be varied or revoked by a subsequent order. (4) All orders made under this section shall be laid before the National Assembly as soon as may be after they are made and, if a resolution is passed within the next twenty days on which the National Assembly sits next after any such order is laid before it that the order be annulled, it shall thenceforth be void, but without prejudice to the validity of anything done thereunder, or to the making of any new order. (5) Subject to the provisions of paragraph (d) of subsection (1), the Minister shall not delegate to any person the powers conferred upon him by this section. (6) Any person who contravenes the provisions of an order made under this section otherwise than under the authority of a licence or permit, or otherwise than in accordance with the extent or the conditions of such licence or permit, if any shall be guilty of an offence. PART IV - GENERAL Power to require returns. 11. (1) Whenever it appears to the Minister, after consultation with such persons as appear to the Minister to represent commercial and industrial interests in Kenya, necessary so to do for the better carrying out of the provisions of this Act, he may (a) by notice published in the Gazette, require any person or class of persons carrying on any trade or business, or any specified trade or business, to complete and return, periodically or otherwise, to such person as may be specified in the notice, and within such time and with respect to such date or dates or such period or periods as may be so specified, such forms and returns relating to the trade or business, including the goods stocked, required or produced therein or thereby, as shall be specified in the notice; (b) serve upon any person whom the Minister has reason to believe may be carrying on any trade or business notices requiring him to complete and return to such person as may be specified in the notices, and within such time and with respect to such date or dates or such period or periods as may be so specified, the like forms and returns: Provided that nothing in this section shall empower the Minister to require the furnishing by any person of any information relating to any agricultural business carried on by such person. (2) No person shall be required under subsection (1) to furnish any balance-sheet or profit and loss account, but this subsection shall not prevent the requiring of information by reason only that it is or might be contained as an item in such a balance-sheet or account. (3) Any notice authorized to be served under paragraph (b) of subsection (1) on any person believed to be carrying on a trade or business shall be deemed to be duly served if it is addressed to him by the description of "the occupier" of the premises upon which the trade or business in question is believed to be carried on and www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 7 delivered to some person, not appearing to be merely a subordinate employee, on the premises. (4) No information relating to any particular trade or business obtained under this section shall be published or otherwise disclosed without the previous consent in writing of the person by whom the information was furnished: Provided that nothing in this section shall restrict the disclosure of information – (i) to any Minister responsible for, or any officer of, any department of the Government; (ii) to any person or any authority having any functions in relation to the development or regulation of trade or business in Kenya; or (iii) to any person for the purpose of legal proceedings, or the use of such information in any manner which the Minister thinks necessary or expedient in connexion with the objects of this Act. (5) Any person who fails to furnish information in compliance with a requirement under this section shall be guilty of an offence. (6) If any person (a) in purported compliance with a requirement imposed under this section knowingly or recklessly furnishes any information which is false or misleading in any material particular; or (b) publishes or otherwise discloses any information in contravention of the provisions of subsection (4), he shall be guilty of an offence. Commencement and publication of orders. 12. Every order made under this Act shall come into operation on the day on which the same is made unless another date is therein specified, and every such order shall be published in the Gazette as soon as circumstances permit after the making thereof. False statements, etc 13. Any person who for any of the purposes of this Act (a)knowingly or recklessly makes or presents any statement or declaration, orally or in writing, which is false or misleading in any material particular; or (b) produces to the Minister, the Director, the Deputy Director, an assistant director or any officer concerned with any of the purposes of this Act any document which is false or misleading in any material particular or was not made or given by the person by whom it purports to have been made or given, or which has been in any way altered or tampered with, www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 8 shall, without prejudice to any penalty or liability imposed by any other law in force or the taking of proceeding for or in respect of any such penalty or liability, be guilty of an offence: Provided that a person producing such a document as aforesaid shall not be guilty of an offence if he proves that he was unaware, and could not by the taking of reasonable steps have become aware, that the document was false or misleading as aforesaid. Power to enter and search premises under warrant. 14. If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence has been committed under this Act and that evidence of the commission of the offence is to be found on any premises specified in the information, he may grant a search warrant authorizing any police officer to enter the premises at any time within one month from the date of the warrant and to search the premises and to seize any goods found on the premises which the person so authorized has reasonable ground for believing to be evidence of the commission of such offence as aforesaid. Powers of entry and seizure. 15. The Director or the Deputy Director or an assistant director, or any police officer of or above the rank of Inspector, if he has reasonable cause to believe that any offence under this Act is being committed on any premises, or if he has reasonable cause to believe that any goods, in respect of which there is reasonable ground for suspecting that such an offence has been committed, are in or upon any premises and that the delay which would occur in obtaining a search warrant as provided in section 14 would, or would tend to, defeat the purposes of this Act, he may enter and search such premises without a search warrant for the purpose of ascertaining if such an offence is being committed or whether or not such goods are in or upon such premises, and may inspect such goods and any documents relating to them. and may seize any such goods or documents on such premises which the person so searching or inspecting has reasonable cause to believe to be evidence of the commission of such an offence. Power to search vehicles. 16. (1) If the Director or the Deputy Director or an assistant director or any police officer has reason to believe that any vehicle contains any goods which are being transported in contravention of any of the provisions of this Act, or of any order made thereunder or of any licence issued, or requirement or condition imposed, under any such order or licence, he may order such vehicle to stop, and may examine the contents thereof, and if any such person fails to stop he shall be guilty of an offence. (2) Where any vehicle has been stopped under subsection (1), the person stopping such vehicle may take it with its contents to the nearest police station, and the officer in charge of such police station may thereupon seize any goods found therein, being goods which such officer has reasonable cause to believe are goods in respect of which an offence under this Act is being or has been committed. Procedure on seizure of goods. 17. Where any goods have been seized under section 14,15 or 16, the person who has seized such goods shall forthwith report to a magistrate the fact of such seizure, and, if a magistrate is satisfied that such goods are of a perishable nature or that by reason of the fact that the market for such goods is seasonal or that to delay www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 9 the disposal of the same would otherwise unduly prejudice the owner thereof, he may authorize the Director to sell or otherwise dispose of such goods. Retention and disposal of seized goods. 18. (1) Where any goods have been seized under section 14,15 or 16, the goods may be retained for a period not exceeding one month or, if within that period proceedings are commenced for any offence under this Act in respect of such goods, until the final determination of those proceedings. (2) Where proceedings are taken for any offence under this Act, the court by or before which the alleged offender is tried may make such order as to the forfeiture of the goods in respect of which such offence was committed or as to the disposal of such goods as the court shall see fit. (3) In this section, references to "goods" shall be construed as including the proceeds of the sale of any goods where such goods have been sold in accordance with section 17. Obstruction of officers. 19. Any person who obstructs or hinders any officer lawfully exercising any powers, duties or functions under this Act shall be guilty of an offence. General penalties. 10 of 1988, s. 44 20. Any person who is guilty of an offence under this Act for which no specific penalty is provided shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. Offences committed by company, firm or other association. 21. Where any offence under this Act is committed by a corporation or company, or by a firm, syndicate or other association of individuals, every person who at the time when the offence was committed was a director or an officer of the corporation or company, or, as the case may be, a partner or an officer of the firm, syndicate or association, or concerned in the management of the affairs of such corporation company, firm, syndicate or association, shall severally be liable to be prosecuted and punished for the offence as if he had himself committed the offence, unless he proves that the act or omission constituting the offence took place without his knowledge, consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions as a director, partner, officer or person concerned and to all the circumstances. Legal proceedings and protection of officers. L.N.303/1964. 22. (1) In any proceedings under this Act, the onus of proving the place of origin of any goods shall lie upon the person prosecuted or claiming anything seized under this Act and if in any such proceedings any question arises as to the lawfulness or otherwise of the exportation or importation of any goods, then the onus of proving the circumstances of such exportation or importation shall lie upon such person. (2) Any person charged with any offence under this Act may be proceeded against, tried and punished in any place in which he may be in custody or charged for that offence as if the offence had been committed in such place; and the offence shall for www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 10 all purposes incidental to, or consequential upon, the prosecution, trial or punishment thereof be deemed to have been committed in that place: Provided that nothing in this subsection shall preclude the prosecution, trial and punishment of such person in any place in which, but for the provisions of this section, such person might have been prosecuted, tried and punished. (3) Any officer of the Government may appear and prosecute on its behalf in any prosecution for an offence under this Act. (4) Where any proceedings are brought against any officer of the Government on account of any act done, whether by way of seizure of any goods or otherwise, in the execution or intended execution of his powers or duties under this Act and judgment is given against such officer, then, if the court before which such proceedings are heard is satisfied that there were reasonable grounds for such act, the plaintiff shall be entitled to recover anything seized or the value thereof, but shall not otherwise be entitled to any damages and no costs shall be awarded to either party. Minister to consult other Ministers in certain circumstances. 23. The Minister shall not exercise any power conferred upon him by this Act in respect of any goods which are or may be controlled or regulated by any other Act unless he has previously consulted the Minister for the time being responsible for the matter in question. Regulations. 24. The Minister may make regulations generally for the purpose of carrying this Act into effect, and, in particular but without prejudice to the generality of the foregoing, may make regulations with respect to any of the following matters (a) the forms to be used and the particulars to be furnished for any of the purposes of this Act; (b) the procedure on application for and the issue of, and the determination of questions in connexion with, the grant, variation, renewal and cancellation of licences; (c) the issue of duplicate licences in the case of licences lost or destroyed; (d) the means by which goods intended for exportation are to be identified in relation to export licences; (e) the custody of licences, and the production, return and cancellation of licences on expiration or cancellation; (f) the fees to be payable upon the grant, variation, renewal and cancellation of licences; and (g) anything which is to be or may be prescribed under this Act, and different regulations may be made for different classes or descriptions of goods or for different purposes or circumstances. www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 11 L.N.104/1978 L.N.112/1984. SUBSIDIARY LEGISLATION Orders under section 4 THE IMPORTS, EXPORTS AND ESSENTIAL SUPPLIES (EXPORTS) ORDER 1. This Order may be cited as the Imports, Exports and Essential Supplies (Exports) Order. 2. Subject to paragraphs 3 and 4, the export to any country of any of the goods described in the Schedule is prohibited except under and in accordance with an export licence granted under the Act. 3. Nothing in this Order shall – (a) allow any person to dispense with any requirement of any written law relating to the exportation of goods; (b) require any person to obtain a licence for – (i) the export of trade samples to any place; or (ii) ship's stores. 4. Nothing in this Order shall prohibit the export without a licence of(a) goods transhipped on through bills of lading or entered for transit under the Customs and Excise Act or any regulation made thereunder; (b) a parcel which the Commissioner of Custom and Excise is satisfied – (i) contains only an unsolicited gift; and (ii) does not contain any goods intended for resale; and (iii) does not exceed 20 kg. in gross weight; (c) used personal and household effects accompanying the owner thereof or exported by or on behalf of the owner within a period of six months from the date of his departure from Kenya; or (d) foodstuffs as part of the accompanied baggage of a person to whom subparagraph (c) applies. SCHEDULE (para. 2) EXPORT FOR WHICH AN EXPORT LICENCE IS REQUIRED 1. Military equipment and ammunitions of war. 2. Engines vessels, aviation and transportation equipment and automotive vehicles possessing or built to current military specifications differing materially from normal specifications and components or parts thereon. 3. Antiques and works of art. 4. Precious stones of all kinds, which are mounted, set or strung or otherwise incorporated in jewellery. 5. Any article made wholly or partly of gold, platinum or silver. www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 12 6. Fertilizers containing water soluble P201. 7. Stockfeeds. 8. Paddy and rice. 9. Live animals other than domestic pets. 10. Sugar. 11. Scrap metal. 12. Beans, dried rose coco, dried Canadian wonder, dried white haricot, dried Madagascar butter, dried mixed Lima. 13. Millet, all varieties. 14. Mtama, all varieties. 15. Njahi, all varieties. 16. Shellfish, crustacea and molluscs, fresh, chilled, frozen, salted or dried. 17. Castor seed. 18. Charcoal. 19. Archives. 20. Shell, cowries and corals. 21. Metals, minerals and their manufactures, as follows: antifriction bearings; magnetic materials of all types; alloys containing a percentage of molybdenum, cobalt, columbium; tantalum or nickel-bearing steels; cobalt; columbium; germanium and compounds; magnesium base alloys; mercury metal; molybdenum; nickel; tantalum; titanium metal; tungsten wire and filament; and minerals mined in Kenya. 22. Electronics (including radio and radar) and precision instruments and equipment other than domestic radio receiving sets. 23. Empty (new or used) bags of "B" or "L" type construction manufactured from jute or sisal fibre or a combination of those fibres or from any substitute for jute fibre. 24. Electrical and power generating equipment. 25. Timber. 26. Raw cotton. 27. Bones. 28. Bloodmeal. 29. Barley. 30. Green, black and yellow grams. 31. Potatoes, other than sweet potatoes. www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 13 32. Salt. 33. Jaggery. 34. Cement, 35. Edible oils. 36. Hides and skins. L.N. 80/1978,L.N.103/1978,L.N.41/1985, Cap. 472, Cap.308. THE IMPORTS, EXPORTS AND ESSENTIAL SUPPLIES (IMPORTS) ORDER 1. This Order may be cited as the Imports, Exports and Essential Supplies (Imports) Order. 2. The importation of the goods specified in the Schedule is prohibited except under and in accordance with a licence granted under the Act. 3. Notwithstanding the provisions of paragraph 2 the following classes of goods may be imported without an import licence (a) goods in transit or for transhipment transported in sealed wagons or containers or by means of any other mode of transportation authorized by the Director; (b)bona fide personal baggage being the goods e defined as duty free in item 8 of Part B of the Third Schedule to the Customs and Excise Act; (c) goods subject to diplomatic privileges as defined in item 7 of Part A of the Third Schedule to the Customs and Excise Act; (d) accompanied commercial travellers samples; (e) trade samples not imported as merchandise which in the opinion of the Commissioner of Customs and Excise have no commercial value and in respect of which no expenditure of foreign currency (on either purchase, freight, postage or insurance) has been incurred; and (f) goods imported by any person on proof, to the satisfaction of the Commissioner of Customs and Excise, that they are for his own personal or household use or are unsolicited free gifts and are not for re-Sale; or (g) goods imported by a person engaged in petroleum operations as defined in section 2 of the Petroleum (Exploration and Production) Act. SCHEDULE (para. 2) Code 001400 011300 011400 012101 012102 012901 013300 013400 013801 013809 Division Number, Group Names, Codes and Items DIVISION 00-LIVE ANIMALS Poultry, live day-old chicken, ducklings and turkeys Meat of swine (pork). Poultry, killed or dressed. Meat, dried, salted or smoked, including ham, bacon and pork luncheon meat. Smoked pig meat. Salted or dried pig meat. Meat extracts and essences. Sausages. Canned beef. Other prepared or preserved meat. DIVISION 02-DAIRY PRODUCTS www.kenyalaw.org Rev. 1990] 022101 022101 022211 022220 022230 023001 023002 024000 031300 042000 043000 045901 045909 048120 048410 048421 048429 048309 048820 051100 051200 051400 051500 051509 051990 053301 053302 053309 053502 053502 053509 053620 053901 053909 054200 054501 054503 054509 054600 054620 055500 055510 055521 055529 061101 061109 061200 061201 061201 071300 073001 073002 Imports, Exports and Essential Supplies Cap. 502 Skimmed milk in liquid form. Cream (liquid) Whole milk and cream in solid or powder form Skimmed milk in solid form or powder form Human milk substitutes Butter Ghee Cheese DIVISION 03-FISH AND FISH PREPARATIONS Crustacea and molluscs fresh, chilled, frozen, salted or dried DIVISION 04-CEREAL PREPARATIONS Rice Barley Millet and grain sorghum Cereals, meal flour and oats Cornflakes only Bread and other ordinary bakers’ ware Biscuits including “cookies”, infant feeding rusks and “crisps bread”. Cakes, pastries and other fine bakers' ware. Macaroni, spaghetti, noodles and vermicelli and similar products. Custard powder, blancmange powder, Horlicks, Milo and Ovaltine. DIVISION 05-FRUIT AND VEGETABLES Orange, tangerine or mandarines. Other citrus fruits. Apples, fresh. Grapes, fresh. Fresh pears and quinces. Fresh fruit n.e.s. Jams. Marmalades. Fruit jellies. Pineapples juice. Tomato juice. Other fruit and vegetable juices. All frozen fruits. Pineapple, tinned. Tinned plums, tinned strawberries, tinned fruit salad. Beans, rose coco, Canadian wonder, white haricot, mixed and Lima beans, dry, including split and peas, whole, skinned or split only, green grams. Onions. Fresh garlic. Fresh peas and capsicum. Vegetables, frozen. Vegetables in temporary preservatives for immediate consumption. Onion dehydrated. Tinned tomatoes preserved by vinegar or acetic acid. Tomato puree. Tinned peas, tinned beans (of all kinds), tinned carrots, beans in tomato sauce. DIVISION 06-SUGAR PREPARATIONS AND HONEY Jaggery. Other raw sugar, beet and cane (not including syrups). Chewing gum manufactured from natural and synthetic base material by whatever name called, boiled sweets, toffees, caramels. Refined sugar and other products of refined beet and cane sugar (not including syrups). Sugar confectionery not containing cocoa. DIVISION 06-SUGAR PREPARATIONS AND HONEY Coffee extracts, essences, concentrates and similar preparations of coffee. Chocolate confectionery. Chocolate couverturie www.kenyalaw.org 14 Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 074100 Tea. 074101 Chillies and dried capsicum. 074200 Mate. DIVISION 08-FEEDING STUFF FOR ANIMALS (EXCLUDING MILLED CEREALS) 081301 Cotton seed cake. 081302 Coconut cake. 081303 Groundnut cake. 081304 Sesame seed cake. Other oil seed cake and meal and vegetable oil residues. Prepared animal foods. DIVISION 09-MISCELLANEOUS FOOD PREPARATIONS 091310 Lard and other rendered pig fat. 091410 Margarine. 091429 Other prepared edible fats except tallow. 099040 Tomato sauce and tomato ketchup. 099049 Sauces n.e.s., mixed seasoning. 099050 Soups and broths. 099099 Ice cream powders and ice cream substitutes, oils and fats, emulsified in any milk or skimmed milk. 099099 Jelly crystals. DIVISION 11-BEVERAGES 112110 Grape must, in fermentation or with arrested, otherwise than by addition of alcohol, wine or fresh grapes, still wines and grape must with fermentation arrested by addition of alcohol. 112112 Still wines not in bottle. 112122 Still wines in bottle. 112123 Champagne. 112124 Other sparkling wines. Vermouths and other wine flavoured with aromatic extracts not in bottle. 112131 112132 Vermouths and other wines flavoured with aromatic extracts in bottle. 112200 Cider and other fermented beverages n.e.s. 112309 Beer (including ale, stout, porter). 112401 Brandy. 112402 Gin and Geneva. 112403 Whisky. 112404 Rum. 112409 Other potable spirits n.e.s. 112406 Liqueurs and other spirituous beverages. DIVISION 12-TOBACCO MANUFACTURES 122100 Cigars and cheroots. 122200 Cigarettes. 122301 Snuff. 122303 Other manufactured tobacco. 122304 Tobacco extracts and essences. DIVISION 21-HIDES, SKINS AND FUR (UNDRESSED) 211101 Dried. 211102 Pickled. 211103 Wet salted. Wet blue chrome (calf skins and kid skins). 211104 211201 Dried. 211102 Pickled 211403 Wet blue chrome 211600 Sheep and lamp skins with the wool on. (Sheep and lamb skins without the wool.) 211701 Dried 211702 Pickled. 211703 Wet blue chrome 211909 Hides and skins n.e.s. DIVISION 25-PULP AND WASTE PAPER 251300 Pulp and waste paper 9raw materials only) DIVISION 26-TEXTILE FIBRE (NOT MANUFACTURED AND THEIR WASTE) www.kenyalaw.org 15 Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 264000 Jute (including jute cuttings and waste) 267010 Second-hand clothing of all descriptions DIVISION 27-CRUDE FERTILIZERS AND CRUDE MINERALS (EXCLUDING COAL, PETROLEUM AND PRECIOUS STONES) 275100 Industrial diamonds 276300 Salt put up for retail sale 276300 Salt other DIVISION 29-CRUDE ANIMAL AND ANIMAL VEGETABLE MATERIALS N.E.S. 292500 Vegetable seeds DIVISION 33-PETROLEUM AND PETROLEUM PRODUCTS 332101 Aviation spirit 332102 Motor spirit 332201 Jet fuel 332202 Lamp oil and white spirit (kerosene illuminating oil). 332301 Heavy black diesel fuel for low speed marine and stationary engines 332302 Light amber diesel fuel for high speed engines 332400 Residual fuel oils 332513 Lubricating greases 332960 Mastic asphalt in blocks or drums for use as roofing, flooring or tanking purposes and bitumen emulsion in drums or pails only DIVISION 34-GAS (NATURAL AND MANUFACTURED) 341100 Liquid petroleum gas DIVISION 41-ANIMAL AND VEGETABLE OILS AND FAT 411321 Tallow (not refined) 411390 Animal oils, fats and greases (excluding lard) n.e.s. DIVISION 42-FIXED VEGATABLE OILS AND FATS 422909 Fixed vegetable oils. DIVISION 53-DYEING, TANNING AND COLOURING MATERIALS 533200 Printing inks 533320 Manufacturing paint, water colours, and glass paint 533320 Sandtex malt (all types of masonry paint) 533321 Paint, enamel, lacquers only except water colours and glass colours 533322 Distempers, water pigments except cement paints and the like DIVISION 54-MEDICINAL AND PHARMACEUTICAL PRODUCTS 541101 Medicines and vaccines 541102 541109 541300 541401 541402 541409 541501 541509 541610 541620 541630 541701 541702 541703 541709 DIVISION 55-ESSENTIAL OILS AND PERFUMED MATERIALS: TOILET POLISHING AND CLEANING PREPARATIONS 553001 Toothpaste (medicated) 553001 Toothpaste (non-medicated) 553005 Pharmaceutical shampoos 553009 Perfumery and cosmetics (including drula bleaching wax). 554101 Other toilet preparations including “Joss sticks”. 554101 Soap, toilet 554109 Soap other (except medicated) 554202 Washing preparations (raw materials). 554203 Organic surface acting agents www.kenyalaw.org 16 Rev. 1990] Imports, Exports and Essential Supplies 554301 554301 554302 Cap. 502 Shoe polishes Suede cleaner, tile polishes, floor polishes and furniture polishes Scouring powder DIVISION 56-FERTILIZERS (MANUFACTURED) 561101 Sulphate of ammonia 561102 Ammonium sulphate-nitrate 561103 Urea, containing not more than 45 per cent of nitrogen. 561109 Other nitrogenous fertilizers, urea and all compounds or mixtures, containing nitrogen elements. DIVISION 58-PLASTIC MATERIALS REGENERATED CELLULOSE AND ARTIFICIAL RESINS 581201 P.V.A. emulsions (raw materials0 581203 Cellulose film wrappers whether printed or not for manufacturers 581209 Plastic film for food wrap, in rolls including “Glad wrap” and “Alcan wrap” DIVISION 59-CHEMICAL MATERIALS AND PRODUCTS N.E.S. 599203 Mosquito coils and aerosol incecticidal sprays for household use 599591 P.V.A. adhesives DIVISION 62-RUBBER MANUFACTURES N.E.S. 621041 Sponge rubber, in sheet form 629111 Tyres for road motor vehicles 629112 Tyres for pedal cycles (except size 28” X 1½”) 629113 Bicycles tyres of sizes 28” X 1¼”). 629115 Tyres for tractors, bulldozers, graders and the like. 629116 Tubes for road motor vehicles (sizes locally manufactured). 629117 Bicycle tubes 28” X 1¼”. 629117 Tubes for tractors, bulldozers, graders and the like 629119 Tyres and tubes n.e.s. DIVISION 63-WOOD AND CORK MANUFACTURERS (EXCLUDING FURNITURE) 629121 Plywood and veneered panels in-laid wood 631410 Imported wood 631420 Reconstituted wood (particle boards). 631800 Wood simply shaped or worked n.e.s. 632420 Soft boards 632731 Manufactures of wood for domestic or decorative use including wood carvings. 632739 All types of clothes pegs, including those made of metal and plastic materials 632800 Manufactured articles of wood n.e.s. 632899 Wood coat hangers 633001 Cork materials DIVISION 64-PAPER, PAPERBOARD AND MANUFACTURES THEREOF 641319 Newsprint and mechanical glazed printing paper for printing purposes 641319 Super calendered printing paper M.G. white poster, M.G. sulphite and paper containing not less than 5 per cent rag pulp, and other special grade printing and writing paper (machine made rolls, or sheets, uncoated), 641319 Cream laid woven woodfree wrting and printing offset cartridge litho, duplicating, airmail, bank bond paper aerogramme paper, azure laid/woven, typewriting and other printing and writing papers, machine made rolls and other sheets, uncoated varying not less than 35 grams per sq. metre, commonly used for writing and printing purposes other than s/c and M.G. papers. 641320 Kraft paper and Kraft paperboard including fluting medium Kraft linerant sack and bag craft. 641520 Machine made paper, paperboard, simply finished in rolls or sheets, n.e.s. but including coated paper or paperboard, in rolls or sheets and not specified under 641319 above. 641520 Cigarette paper tissues, currency paper, black and red paper for packing photo-sensitized materials, chart paper recorders used in conjunction with instruments, straw paper, indicators papers for laboratories, filter paper, manifold paper (not exceeding 35 grams/m 2 fluting medium and paperboard of and above 250 grams sub. Or 0.33 caliper and substocks in reels). 641910 Parchment or greaseproof paper of paperboard 641920 Composite paper and paperboard 641930 Corrugated paper and paperboard containers www.kenyalaw.org 17 Rev. 1990] Imports, Exports and Essential Supplies 641940 641950 Cap. 502 Ruled or squared paper or paperboard Impregnated or coated paper and paperboard other than printing or writing paper 641950 Cumined paper 641960 Filterblocks of paper pulp 641970 Wall paper and lincrusta 642112 Seed paper container and bags 642116 Paperbags, paperboard boxes and other packing container except seed paper container and bags 642119 Filing containers of paper and paperboard 642109 Writing blocks, letter pads and similar paper stationery of the kind used in correspondence 642300 Exercise books 642300 Registers, albums, diaries, memorandum blocks and other stationery or paper and paperboard 642920 Carbon papers 642930 Other paper and paperboard cut to size excluding ice cream cups, paper tumblers and other paper containers 642939 Ice cream paper cups, tumblers and other paper containers 642990 Other articles and paper pulp paper, paperboard or cellulose wadding n.e.s. DIVISION 65-TEXTILE YARN FABRICS, MADE UP ARTICLES AND RELATED PRODUCTS 651200 Knitting yarn made out of wool fibre for hand knitting and hand operated machines 651200 Cotton fabrics, woven, grey unbleached not for printing 651701 Yarn and synthetic fibre and mixtures thereof for factory knitting, or weaving machines 652120 Cotton fabrics woven (unbleached) 652132 All types of canvas (including textile, flax or ramie, hemp, etc.) 652209 All types of toweling 652211 652221 Cotton fabrics woven bleached 652229 Cotton fabrics woven other than grey bleached not for printing 652230 Lining materials only 652253 Dyed khaki drill and twill 652254 Cotton fabrics, dyed other 652255 Printed cotton fabrics 653210 Woolen fabrics woven (including fabrics of fine hair) 653401 Jute fabrics woven 653409 Hessian and sacking (excluding matting) 653501 Suiting fabrics woven, synthetic/woven, Synthetic/Viscose, crepe, nylon satin, 653502 nylon crepen, nylon fancy, all nylon piece goods, including nylon taffeta, nylon 653503 crepe, crepe-de-chine, Tetron filament, shautung fabrics of cotton, synthetic 653504 mixtures, polyester and synthetic materials knitted or crocheted fabrics, not 653509 elastic or rubberized, knitted or crocheted fabrics, not elastic or rubberized. 653601 653602 653603 653604 653605 653609 653700 654009 Fabric labels (woven) 654900 Shoe laces of sizes 14”, 17”, 20” 36” and 48” (excluding shoe laces imported with ready made shoes). 655101 Jute bags and sacks 655101 Bituminous felt only, felt coated with plastic materials for down proofing purposes 655109 Roofing felt 655109 Felt and felt articles n.e.s. 655410 Textile fabrics, P.V.C. coated or impregnated (excluding narrow fabrics) 655500 Elastic webbings 655621 Fishing nets and netting www.kenyalaw.org 18 Rev. 1990] 655811 656102 656103 656109 656200 656611 656611 656612 656620 655691 656912 656929 656931 656932 656933 656939 656951 657420 657600 661209 663110 663319 664800 665118 665119 666400 666500 667200 673911 674412 674511 678300 691101 691202 692310 693201 693209 694111 694112 694211 695100 695102 695109 695231 695239 696031 695239 697120 697129 69721 697212 Imports, Exports and Essential Supplies Cap. 502 Sanitary towels except tampons (e.g. tampax). Sisal bags and sacks Bags and sacks of mixed fibre (e.g. jute/sisal bags) Bags and sacks of other textile materials All types of tarpaulins and tents Baby blankets not exceeding size 36” X 36”. Wollen blankets Traveling rugs, woolen Cotton blankets and traveling rugs Other blankets n.e.s. Towels including face towels Other textiles n.e.s. Bedsheets, bedspreads, bed covers and table cloth Curtains and furnishing articles Linoleum and similar floor covering Rubber car mats DIVISION 66-NON-METALLIC MINERAL MANUFACTURES N.E.S. Cement except colour cement Grinding and polishing wheels and stones Asbestos fibre in sheets or rolls (raw materials) Toughened glass mirrors Glass tumblers Porcelain or china tableware other than bone china, including all sizes of plates, tea, coffee cups and saucers, tea and coffee pots and milk jugs and bowls with or without decoration, whether in sets or single. Tableware made of other ceramic materials Diamonds not set or strung DIVISION 67-IRON AND STEEL Mild steel angles, flats and shapes of iron or steel cold formed or cold finished (excluding high tensile steel angles and flats and shapes). Corrugated iron sheet and plates, ungalvanised coated Corrugated sheets and plates galvanized or coated of thickness of .014” or less. Black and galvanized tube and pipes of iron or steel (other than cast iron and high pressure hydroelectric conduits), round, square and rectangular, of a diameter up to 4” DIVISION 69-MANUFACTURERS OF METAL N.E.S. Steel windows and steel doors including louvers Aluminium windows and doors including louvers and part thereof Gas cylinders (domestic) Barbed wire of iron or steel Other fencing wire of iron or steel Round wire nails Roofing nails, tacks and fencing staples (excluding round wire nails). Mild steel, bolts and nuts and washers (other than those covered by Manufactures Part No. and high tensile steel bolts and nuts). All types of hoes (jembes). Machetes (pangas) Shovels and spades Charcoal irons Screwdrivers, other Razor blades Domestic gas cookers of iron or steel Butt hinges only Domestic gas cookers or copper Domestic utensils of stainless steel Tinned enamel tea trays, servicing trays, household insecticide sprays, www.kenyalaw.org 19 Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 domestic insecticide spray guns Household buckets of iron or steel (except enameled or stainless). Metallic coat hangers Sufurias alias “chattels” or “topes” and tiffin carriers including cooking pans. Steel pot scourers and polishing pads of iron or stainless steel. Padlocks, locks, including bicycle furniture locks, and keys thereof of base metal but excluding motor cars locks and keys for dealer firms 698120 Tower bolts, brass and aluminium 698120 Window stays, brass window handles and knife blanks 698122 Other hinges not butt hinges except those for motor cars 698500 Shoe eyelets 698500 Pant hooks and frames 698511 Crown corks 698859 Bottle caps, bungs, lids, seals stoppers, etc., of base metal 698871 Are welding electrodes 698911 Earthpans (karais) 698919 Bead wire rings DIVISION 71-MACHINERY OTHER THAN ELECTRIC 712100 Plough Ploughs, tractor mounted (sizes 2,3,4,5 disc ploughs); harrows tractor drawn, mounted, semi-mounted or trailed (including harrows of up to 32” and 34” diameter). 712900 Single furrow and hand ploughs and parts thereof 712991 Plate mills, and hammer mills both hand and power driven 712999 Rotary cutters, tractor mounted or semi mounted rotary cutters up to and including 72” cut. 715100 Machine-tools for working materials 715100 Hydraulic pipe benders 715210 Converters, ladies, ingot moulds and casting machines 715220 Rolling mills and rolls thereof 715230 Gas operated welding, cutting, etc., appliances 717110 Spinning, extruding, etc., machines 717121 Weaving, knitting, etc., machines (industrial0 717129 Other 717140 Machines for the manufacture or finishing of felt 717200 Machinery (excluding sewing machines) for preparing, tanning or working hides, skins or leather 717301 Sewing machines, heads or complete machines (industrial). 717302 Other. 718110 Machinery for making or finishing cellulosic pulp, paper or paperboard. 718210 Bookbinding machinery. 718229 Type making and setting machinery, etc., other (not for use in offices). 718299 Other printing machinery n.e.s. 718299 Other (not for use in offices). 718310 Machinery for milling grain, etc. 718391 Sugar manufacturing or refining machinery, industrial. 718392 Other food processing machinery, industrial. 718399 Other, n.e.s. 718420 Construction and mining machinery, n.e.s. (excavating, leveling, boring, etc.) 718510 Mineral crushing, sorting and moulding machinery. 718510 Concrete mixers (assembled). 718520 Glass-working machinery. 719130 Furnace burners, mechanical stokers, etc 719140 Industrial furnaces and ovens, non-electric. 719211 Air compressers. 719310 Hydraulic jacks not mechanical for cars and workshops 719310 Mounted minicranes. 719311 Hydraulic elevating tables, motor and hand driven 719319 Other, n.e.s. 719320 Hydraulic fork lifts. 719421 Domestic refrigerators, non-electrical (complete) 719429 Domestic refrigerators (parts thereof). 697213 697219 697239 697910 698111 www.kenyalaw.org 20 Rev. 1990] 719510 719628 719632 719801 719802 719803 719804 719804 719805 719910 722200 724101 724102 724201 724202 724999 725011 725051 725059 729111 729119 729121 729129 729201 729500 732100 732899 732899 732899 732899 733100 733323 733331 733331 821019 821031 821091 821093 831011 831011 831019 831011 841119 841119 841119 841132 841139 841141 Imports, Exports and Essential Supplies Cap. 502 Machine-tools for working wood, plastics, etc. Machines for cleaning, or filling bottles or other containers, packaging machinery, etc., other, industrial. Metric weights Cigarette, cigar and tobacco making machines Crushers and mills for oil seeds or oleaginous fruits, industrial (for extraction of oil, etc.) Soap cutting or moulding machine. Tea machinery Hydraulic presses. Other n.e.s. Moulding boxes for metal foundry and moulds, other than ingot moulds. DIVISION 72-ELECTRICAL MACHINERY APPARATUS AND APPLIANCES Electrical distribution boards and consumer units. Television broadcast receivers whether or not combined with gramophone or radio Unassembled television sets. Radio broadcast receivers, whether or not combined with gramophone Unassembled radio broadcast receivers whether or not combined with gramophone. Other telecommunication equipment, n.e.s. Domestic refrigerations, electrical. Electrical space heating equipment, n.e.s. Other n.e.s. Batteries and cells for flashlights (torches) and transistor radios. Other batteries and cells, n.e.s. Motor vehicles batteries Other electrical accumulators (storage batteries) Filament lamps with bulb diameter of 60 mm, 70 mm, or 80 mm, designed to operate on voltage of 100 to 250 volts of 200 watts or less, having clear inside white finish only. Water meters. DIVISION 73-TRANSPORT EQUIPMENT Passenger motor cars (other than buses or special vehicles). Motor vehicle brake linings Motor vehicle brake pad sets. Exhaust pipes and silencers for Volkswagen vehicles Exhaust pipes and silencers, n.e.s. Bicycles and bicycle components excluding bicycle spokes, forks and frames for sizes 22 and 24 Complete low speed agricultural trailers (other than road trailers). Wheelbarrows (assembled). Wheelbarrows wheels DIVISION 82-FURNITURE Plastic chairs, seats and parts thereof. Mattresses, matterres support and similar stuffed furnishings Furnishing and pars thereof, n.e.s. metal beds (excluding hospital beds). Metal furniture, n.e.s. and parts thereof (domestic or office) DIVISION 83-TRAVEL, GOODS, HANDBAGS AND SIMILAR ARTICLES Suitcases Travel goods Handbags and similar articles DIVISION 84-CLOTHING Suits for men Jackets, trousers, slacks and jeans made of worsted, woolen and mixed woolen and synthetic materials Outer garments for boys Shirts for men, whether knitted, crotched or woven fabrics Under garments for men and boys Baby napkins www.kenyalaw.org 21 Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 841149 Under garments for women and girls excluding baby napkins and pants, but including ladies brassieries, slips and briefs, etc 841152 841153 841154 841155 841160 841420 841441 841441 841442 841442 841444 Outer garments for women and girls Infants wear Stockings and socks excluding woolen makes Cardigans, jerseys, jumpers, pullovers and sweaters Cardigans, jerseys, jumpers, pullovers and sweaters (woolen makes only). Socks and stockings of woolen makes only Socks and stockings excluding woolen makes, and panthoses Panthoses, hooks and bars DIVISION 85-FOOTWEAR 851011 Footwear and slippers with soles and uppers of rubber or plastic materials 851061 Leather footwear and slippers with soles of any description 851099 Slippers and house wear other. DIVISION 86-PROFESSIONAL, SCIENTIFIC AND CONTROLLING INSTRUMENTAL PHOTOGRAPHIC AND OPTICAL GOODS, WATCHES AND CLOCKS 863000 Cinematographic film developed DIVISION 89-MISCELLANEOUS MANUFACTURED ARTICLES N.E.S. 891201 Gramophone records 890202 Pre-recorded video tapes and cassettes only. 891209 All types of cassettes used for sound recording purposes and pre-recorded cassettes excluding computer tapes. 892910 Self-adhesive labels in rolls or sheets, plain or printed. 893001 Plastic coat hangers. 893000 PVC electrical conduits 893024 Polythene bags only. 893034 Plastic toilet seats and covers. 893034 Plastic louvers, windows and parts thereof. 893034 Floor tiles of plastic materials. 893039 Ceramic tiles excluding coloured, decorated or embossed. 893040 Plastic tableware, etc. 894242 Any automatic machine or any mechanical device intended for the purpose of gambling, wagering or betting, including coin operated machines for amusement. 894420 Footballs. 894420 Other requisites for outdoor sports except footballs. 895110 Filing cabinets rack, similar office equipment (excluding furniture of base metal). 895210 Ballpoint pens and parts thereof. 895230 Pencils. 895990 Staples, pins, paper pins, and inked ribbons for typewriters 897110 897120 899230 899241 Jewellery of gold, silver and platinum group metal, gold smiths and silversmiths and ware including set gems Brooms and brushes of vegetable materials not mounted in a head Hand scrubbing brushes and footwear cleaning brushes of natural fibre mounted or backed by wood. 899242 Paint distemper, varnish and similar brushes, flat. 899249 Tooth brushes. 899249 Brooms and brushes, n.e.s. paint roller, etc. 899321 Matches in packing of less than 25 matches per container. 899322 Matches in packing of 25 matches or more but less than 50 matches per container except book matches. 899520 Buttons (excluding metal). 899530 Zip fasteners. 899590 Toilet paper rolls and paper serviettes. DIVISION 99-COMMODITIES AND TRANSACTIONS NOT CLASSIFIED ACCORDING TO www.kenyalaw.org 22 Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 23 KIND 991110 991130 991160 Gold bullion Gold partly worked. Gold coin. L.N. 19/1983, L.N. 42/1985, Sub. Leg, Cap 179, Cap 472, Cap 308. THE IMPORTS, EXPORTS AND ESSENTIAL SUPPLIES (IMPORTATION OF MOTOR CARS) (RESTRICTION) ORDER 1. This Order may be cited as the Imports, Exports and Essential Supplies (Importation of Motor Cars) (Restriction) Order. 2. In this Order, "motor car" means a motor vehicle having seating accommodation for not more than ten passengers excluding the driver, but does not include a motor cycle. 3. Notwithstanding paragraph 3 of the Imports, Exports and Essential Supplies (Imports) Order, no person shall import a motor car into Kenya from any foreign country without written authority issued by the Director under this Order. 4. The written authority referred to in paragraph 3 shall be applied for and obtained by the importer prior to the shipment or loading for shipment of the motor car to Kenya. 5. The restriction imposed under paragraph 3 shall not apply to— (a) a motor car imported by persons subject to diplomatic privileges under the Privileges and Immunities Act; or (b) a motor car imported as part of passenger's baggage as defined in item 8 of Part B of the Third Schedule to the Customs and Excise Act. (c) a motor oar imported by persons engaged in petroleum operations as defined in section 2 of the Petroleum (Exploration and Production) Act. THE IMPORTS, EXPORTS AND ESSENTIAL SUPPLIES (PROHIBITION OF THE EXPORT OF MAIZE) ORDER L.N. 111/1984 1. This Order may be cited as the Imports, Exports and Essential Supplies (Prohibition of the Export of Maize) Order. 2. The export of maize, maizemeal and maize by-products including germ and bran, to any country is prohibited. 3. Nothing in this Order shall be deemed to prohibit the export of not more than 2 kilogrammes of maizemeal as part of accompanied baggage of a person leaving the country by air or sea. Order under section 10 (1) (d) THE IMPORTS, EXPORTS AND ESSENTIAL SUPPLIES (ESSENTIAL SUPPLIES) (DELEGATION OF POWERS) ORDER L.N. 81/1961, L.N. 633/1961, L.N. 649/1961, L.N. 186/1980 1. This Order may be cited as the Imports, Exports and Essential Supplies (Essential Supplies) {Delegation of Powers) Order. 2. The Director of Trade and Supplies, the Deputy Director of Trade and Supplies and every assistant director of trade and supplies may issue such directions as they may deem necessary in the interests of maintaining, controlling or regulating supplies of the goods to which this Order applies, being goods which www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 24 are considered to be essential to the well-being of the community, for all or any of the purposes referred to in paragraphs (a), (b) and (c) of subsection (1) of section 10 of the Act. 3. The goods to which this Order applies are— (a) all processed and manufactured sugar; (b) new bags of "B" and "L" type construction manufactured from jute or sisal fibre or a combination of those fibres or from any substitute for jute fibre; (c) all petroleum products; (d) within the Nairobi area only, aviation fuels; (e) tea, processed, partly processed or unprocessed. Regulations under section 24 THE IMPORTS, EXPORTS AND ESSENTIAL SUPPLIES REGULATIONS L.N. 483/1958, L.N. 142/1963, L.N. 70/1965 1. These Regulations may be cited as the Imports, Exports and Essential Supplies Regulations. 2. (1) Every application for an import licence of goods other than gold bullion shall be made by delivering to the Director the indent in triplicate relating to the intended import. (2) Every indent shall state clearly and fully— (a) the name and address of the applicant; (b) the name and address of the supplier; (c) the description of the goods to be imported, showing the quantity and price per unit; (d) the total cost, insurance and freight value of the goods at the place of importation expressed in sterling; (e) the country of origin of the goods; (f) the place from which the goods are intended to be consigned, and the intended date of consignment; and (g) the method of payment for the goods. (3) Every application for an import licence of gold bullion shall be made in writing in triplicate to the Director, and shall state— (a) the name of the applicant and the registered title and full address of his goldsmith's business; (b) the name and date of the applicant's current goldsmith's trading licence; (c) the name and father's name of each of the artisans fully employed by the applicant in his goldsmith's business and the date from which each artisan has been continuously so employed. (4) Notwithstanding the provisions of paragraphs (1) and (2), a person desiring to import goods within the following categories— (a) unsolicited free gifts; (b) personal baggage; (c) goods for which no foreign exchange is to be made available (either for their cost or for freight or insurance), www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 25 for which an import licence is required may apply for an import licence to the Director by letter in triplicate, giving full particulars of the goods, and, in the case of an unsolicited free gift, the relationship of donor and donee. 3. (1) Import licences, in the case of gold bullion, shall be in Form A in the Schedule. (2) Import licences in the case of other goods shall be in the form of an endorsement stamped upon the indent or letter of application: Provided that, if the applicant so requires, the import licence may, at the discretion of the Director, be in the form of a book licence in Form C in the Schedule. (3) Except in the case of an import licence in the form of a book licence, import licences shall be delivered to the applicant in duplicate, and a further copy shall be kept by the Director. 4. Where the laws of the country from which the goods are to be imported require a certificate that the importer has undertaken to import the goods into Kenya, the Director, on application being made to him and on being satisfied as to the facts of the case, may give to the importer a certificate to such effect in Form D in the Schedule. 5. All import licences and export licences shall be valid for the period expressed therein or, if no period is expressed, for a period of one month. 6. Any application for the renewal of an import licence or export licence shall be made to the Director at least fifteen days before the licence is due to expire. 7. Where an import licence or export licence has been lost or destroyed, the Director may, on application being made to him in writing and on a copy of the licence being supplied, issue to the holder a duplicate licence. 8. Every application for an export licence (other than one for the export of timber) shall be made to the Director in triplicate in Form E in the Schedule. 9. Every application under the Act shall be typewritten or written indelibly without alteration or addition. SCHEDULE (rr. 3, 4 and 8) (In triplicate) Form A No. ……………….. NOT TRANSFERABLE IMPORT LICENCE This Licence authorizes …………………………………. ……………………………………………………………… to import GOLD shown under the headings “Quantity” and “Description”. Name and address of supplier ………………………………… …………………………………………………………………. Quantity Description ……………………………………………………………………………………………………………. ……………………………………………………………………………………………………………. ……………………………………………………………………………………………………………. Date and Office Stamp …………………………………………. for Director of Trade and Supplies www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 26 [BACK] NOTES 1. Goods imported MUST conform to the description on this licence. This licence is not valid for any other goods. 2. In no circumstances may the goods imported exceed the quantity shown on the licence. 3. If the importation of Gold specified on this licence is, for any reason, no longer required, please return the licence to the Department of Trade and Supplies, P.O. Box 30430, Nairobi. SCHEDULE OF CLEARANCES Customs Ref. Date Quantity Description Value Form B (Deleted by L.N. 142/1963). IMPORT LICENCE Form C No. B. Date …………………………………… Issued to ……………………………… Address ………………………………… In the event of this licence being lost, will the finder please place in the nearest Post Box in order that it may be returned to the Department of Trade and Supplies, P.O. Box 30430, Nairobi. This licence must be retained by the importer, and presented at the time of clearance of the goods specified herein. Conditions of Issue This Import Licence is issued for a specific value, which may be varied from time to time at the discretion of the Director of Trade and Supplies. Any attempt to clear goods in excess of the value, or balance of value, authorized by this Licence will be regarded as an offence. This licence is not transferable and is only valid on the condition that the relative goods are not ordered before the date of issue of this licence. Should extension of the validity period of this licence become necessary, application in this regard must be made to the office of issue NOT LESS than 15 DAYS BEFORE the expiry date. Application should clearly show what foreign currency payment has already been made and what balance remains to be paid. Goods imported MUST conform to the description on this licence. The licence is not valid for any other goods. In no circumstances may the goods imported exceed the C.I.F. value shown on the licence. Notwithstanding any value shown as maximum C.I.F. value, Banks MUST NOT make available foreign currency in excess of the amount entered on the opposite page. If this licence is, for any reason, no longer required, please return it to the Department of Trade and Supplies, P.O. Box 30430, Nairobi. This licence authorizes:— Name ………………………………………………………………………. Address ……………………………………………………………………. www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 27 to import goods to the value of ……………………………………………. of the description of …………………………………………………………. From ……………………………………………………………………………….. of ……………………………………… origin ……………………………. for the period of ………………………………………………………………….. Payment must be by a method appropriate to …………………………………….. ………………………………………… for Director of Trade and Supplies. Foam C—(Contd.) BANK ENDORSEMENTS: -- Import entry number Date Value Officer’s signature This licence is a very important document the loss of which may cause a considerable amount of inconvenience to the importer concerned. Importers are therefore advised to exercise the greatest care for its safe keeping. IMPORT CERTIFICATE Form D No. ………………… Issued by the Department of Trade and Supplies. P.O. Box 30430, Nairobi, Kenya It is hereby certified to the export licensing authorities of …………………………..that …………………………………………of …………………………………… has undertaken to import into Kenya the goods specified below. Description of goods (including quantity and value) …………………………. ……………………………………………………………………………… …………………………………………………………………………………. Name and address of exporter ………………………………………………………. …………………………………………………………………………………………… Any other particulars …………………………………………………………………….. ……………………………………………………………………………………………… This certificate ceases to be valid unless presented to the authorities above-mentioned not later than the ……………………………….., 19 ……. Dated this ………………………………….. day of ……………….. 19……….. ………………………………….. an authorized officer of the Department of Trade and Supplies, Kenya. Note.—This Import Certificate may be varied or revoked by the Director of Trade and Supplies at any time, and must be surrendered to the Director of Trade and Supplies forthwith on its revocation or on its ceasing to be valid. (In triplicate) Form E APPLICATION FOR EXPORT LICENCE Name of Applicant …………………………………………………….. Address of applicant …………………………………………………………… Commodity for which licence is required …………………………………………. …………………………………………………………………………………… Country of origin ………………………………………………………………. Net weight …………………………………………………………………….. F.O.B. value (Customs exit station) ………………………………………………. ………………………………………………………………………………………… Name and address of consignee ……………………………………………………….. Country of destination …………………………….. Customs exit station ……………… www.kenyalaw.org Rev. 1990] Imports, Exports and Essential Supplies Cap. 502 Approximate date of dispatch ……………………………………………………….. Mode of transport …………………………………………………………………. I hereby declare that the particulars which I have given are true and accurate to the best of my knowledge and belief. Date ………………………………….. For Official Use Only ……………………………………. Applicant. EXPORT LICENCE No. ……………………………. Export of goods described above is approved, subject to ………………………… ……………………………………………………………………………………… Date ……………………………… …………………………………………… for Director of Trade and Supplies. This Licence is not transferable. www.kenyalaw.org 28