ADVOKS GLOBAL · KENYA
Kenyan legislation
The Crops (Sugar)(Imports, Exports and By-products) Regulations
Edition: 2022-12-31 · In force
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1. Citation
These Regulations may be cited as the Crops (Sugar) (Imports, Exports and By-products) Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—"COMESA" means the organisation established by the Treaty establishing the Common Market for Eastern and Southern Africa, 1994;"consignment" means sugar or a by-product of sugar, to be exported or imported, by an exporter or importer, who has a valid export permit or import permit, as the case may be;"export permit" means an permit issued by the Authority in accordance with regulation 3;"exporter" means a person who exports sugar or a by-product of sugar;"import permit" means a permit issued by the Authority in accordance with regulation 6;"importer" means a person who imports sugar or a by-product of sugar;"permit" means an export permit, import permit, pre-export permit, pre-shipment permit or a release order, issued in accordance with these Regulations;"PIN" has the meaning assigned to it in the Tax Procedures Act (Cap. 469B);"register" means the register of maintained by the Authority under regulation 5;"tax compliance certificate" has the meaning assigned to it in the Tax Procedures Act (Cap. 469B);"tax registration certificate" has the meaning assigned to it in the Value Added Tax Act (Cap. 476);3. Registration of dealers
(1)A person who intends to import or export sugar shall apply to the Authority for registration in Form 1 set out in the First Schedule.(2)A person who intends to import or export, a by-product of sugar shall apply to the Authority for registration in Form 1 set out in the First Schedule.(3)An application made under subregulation (1) or (2), shall be accompanied by the payment of the registration fee set out in the Second Schedule.(4)Where the Authority approves an application under subregulation (1) or (2), it shall—(a)record the name and such other particulars as may be required, of the applicant in the register; and(b)issue the applicant with a certificate of registration in Form 2 set out in the First Schedule.4. Consideration of applications for a permit
In considering applications for permits, the Authority shall rely on the COMESA and the Community Annual Quota Export Allocation and the market deficit, the Authority shall provide guidelines to applicants.5. Exporters and importers register
(1)The Authority shall maintain a register of all importers and exporters who have been registered in accordance with these Regulations.(2)The Authority shall maintain a register of all importers and exporters who have been granted permits in accordance with these Regulations.6. Permits for importers
(1)A person who intends to import sugar or a by-product of sugar shall apply for an import permit in Form 3 set out in the First Schedule.(2)An application made under subregulation (1) shall be accompanied by—(a)the profile of the applicant;(b)a copy of certificate of incorporation or certificate of registration of the applicant (if the applicant is a company or registered entity);(c)a copy of the applicant’s valid business permit at the time of making the application;(d)the applicant’s latest audited accounts;(e)a copy of the applicant’s PIN certificate;(f)a copy of the applicant’s tax registration certificate;(g)a copy of the applicant’s memorandum of association (if the applicant is a company);(h)a copy of the applicant’s articles of association (if the applicant is a company);(i)a copy of the identity cards or passports of each of the applicant’s directors (if the applicant is a company);(j)a copy of the profile of each of the applicant’s directors (if the applicant is a company);(k)a copy of the applicant’s valid tax compliance certificate;(l)a copy of a valid certificate of good conduct for each of the applicant’s directors (if the applicant is a company);(m)a copy of the applicant’s valid certificate of good conduct (if the applicant is an individual); and(n)proof of payment of the prescribed fee set out in the Second Schedule.(3)If the Authority approves an application made under subregulation (1), it shall issue an import permit in Form 4 set out in the First Schedule to the applicant.(4)The import permit issued under subregulation (3) shall be valid for a period of one year.(5)The import permit issued under subregulation (3) shall not be transferrable.(6)A holder of a valid import permit shall apply for a pre-shipment permit for the importation of each consignment in Form 5 set out in the First Schedule.(7)An application made under subregulation (6) shall be accompanied by the documents referred to in regulation 9(2).(8)If the Authority approves an application made under subregulation (6), it shall issue a pre-shipment permit in Form 6 set out in the First Schedule to the applicant.7. Permits for exporters
(1)A person who intends to export sugar or a by-product of sugar shall apply for an export permit in Form 3 set out in the First Schedule.(2)An application under subregulation (1) shall be accompanied by—(a)the profile of the applicant;(b)a copy of certificate of incorporation or certificate of registration of the applicant (if the applicant is a company or registered entity;(c)a copy of the applicant’s valid business permit at the time of making the application;(d)the applicant’s latest audited accounts;(e)a copy of the applicant’s PIN certificate;(f)a copy of the applicant’s tax registration certificate;(g)a copy of the applicant’s memorandum of association (if the applicant is a company);(h)a copy of the applicant’s articles of association (if the applicant is a company);(i)a copy of the identity cards or passports of each of the applicant’s directors (if the applicant is a company);(j)a copy of the profile of each of the applicant’s directors (if the applicant is a company);(k)a copy of the applicant’s valid tax compliance certificate;(l)a copy of a valid certificate of good conduct for each of the applicant’s directors (if the applicant is a company);(m)a copy of the applicant’s valid certificate of good conduct (if the applicant is an individual); and(n)proof of payment of the prescribed fee set out in the Second Schedule(3)If the Authority approves an application made under subregulation (1), it shall issue an import permit in Form 4 set out in the First Schedule to the applicant.(4)The export permit issued under subregulation (3) shall be valid for only one year.(5)The export permit issued under subregulation (3) shall not be transferrable.(6)A holder of a valid export permit shall apply for a pre-export permit for the importation of each consignment in Form 5 set out in the First Schedule.(7)An application made under subregulation (6) shall be accompanied by the documents referred to in regulation 9(2).(8)If the Authority approves an application made under subregulation (6), it shall issue a pre-export permit in Form 6 set out in the First Schedule to the applicant.8. Determine of distribution of sugar in the market
The Authority shall determine the quantity of sugar that may be required from manufacturers for domestic consumption while accounting for any shortfall in domestic production of sugar.9. Inspection of consignments
(1)The Authority shall physically verify each consignment before issuing a release order in respect of that consignment.(2)A person whose consignment is being verified under subregulation (1) shall submit to the Authority, duly certified copies of—(a)the customs entry or exit documents for the consignment;(b)a proof of payment of taxes by the exporter from whom the consignment was procured;(c)the invoice and proof of payment for the consignment from the exporter or importer;(d)the identification and contact details of the exporter or dealer from whom the consignment was procured;(e)the certificate of origin of the consignment;(f)the phytosanitary permits, certificates, permits for the consignment; and(g)the certificate of conformity in respect of the consignment.10. Release order
(1)After a consignment has been verified in accordance with regulation 9, the Authority may issue a release order in Form 7 set out in the First Schedule.(2)The release order issued under subsection (1) shall authorise the consignment to be released to the holder of a valid export permit or import permit, as the case may be.11. Monthly returns
(1)A holder of an export permit shall submit monthly returns of their consignments in Form 8 set out in the First Schedule to the Authority.(2)A holder of an import permit shall submit monthly returns of their consignments in Form 8 set out in the First Schedule to the Authority.12. Repackaging of consignments
(1)A person shall not pack sugar or a by-product of sugar, into a package of a different quantity, material or brand from the original packaging, without the approval of the Authority.(2)An application for approval under subregulation (1) shall be made in Form 9 as set out in the First Schedule to the Authority Repackaging of consignments.(3)A package of an imported consignment, whether repackaged or in its original packaging, shall carry, in bold print, the name and contact details of the manufacturer, country of origin, and the vendor and purchaser, of the consignment.13. Rebranding of consignments
(1)A approved importer of sugar or a by-product of sugar, who wishes to rebrand a consignment shall apply for a permit from the Authority before rebranding the sugar.(2)A person who does not comply with subregulation (1) commits an offence.14. Smuggling
Sugar that is smuggled or otherwise imported without the authority of the Authority shall be deemed to be prohibited goods under section 18 (2) of the East African Community Customs Management Act, 2004.15. Cancellation of permits
The Authority may cancel the import or export permit, or a pre-shipment permit or pre-export permit, issued to a person who contravenes these Regulations.16. Appeals
(1)An applicant for or holder of a permit who is aggrieved by a decision of the Authority on or in respect of—(a)the grant, refusal to issue, variation or revocation; or(b)the conditions imposed on the grant or variation,of a permit, may appeal to the Cabinet Secretary.(2)An appeal under this section shall be lodged within thirty days from the date on which the appellant first received notice of the decision.17. Revocation of L.N. No. 114 of 2008
The Sugar (Imports, Exports and By-products) Regulations, 2008 are revoked.