ADVOKS GLOBAL · KENYA
Tax Procedures Act
6D. Agreements for the automatic exchange of information with other countries on virtual asset transactions
Edition: 2026-09-01 · In force
6D. Agreements for the automatic exchange of information with other countries on virtual asset transactions
(1)Kenya may enter into an agreement with another country for the automatic exchange of information relating to transactions involving virtual assets.(2)An agreement under subsection (1) shall provide for the exchange of information relating to—(a)information returns filed under section 6C (1);(b)due diligence reporting and record keeping obligations prescribed under this section;(c)the virtual asset users with which a virtual asset service provider maintains a relationship in every calendar year and that are identified as reportable users or as having controlling persons that are reportable persons;(d)nil return filings by virtual asset service providers who do not maintain a relationship with virtual asset users that are identified as reportable users or as having controlling persons that are reportable persons; and(e)arrangements or practices by virtual asset service providers, the main purpose or one of the main purposes of which can reasonably be considered to be to avoid obligations imposed under this Act.(3)The information exchanged pursuant to an agreement under this section shall—(b)be limited to information that is necessary, relevant and proportionate for the purposes specified in the applicable agreement.(4)The Commissioner shall not exchange information under this section unless he is satisfied that the receiving jurisdiction maintains adequate legal, technical and organisational safeguards for the protection of personal information.(5)The Commissioner shall maintain a record of all disclosures made under this section, including the receiving jurisdiction, date of disclosure, legal basis of disclosure and categories of information disclosed.(6)In this section—"information return" means a report, setting out prescribed information which a reporting virtual-asset service provider is required to file with the Commissioner.(7)The Cabinet Secretary may make regulations necessary for the implementation of this section.