Kenya’s New Customs Rule Mandates Certificate of Conformity When Importing

Kenya now requires a certificate of conformity known as the Pre-Export Verification of Conformity, (or “PVoC") which is required for customs clearance on every importation of finished goods.  The only exceptions to this rule are

     1)     Raw materials for processing into Finished Products

     2)     Spare parts for own use by a manufacturer, and

     3)     Customized machinery not meant for sale.

It should be noted that where an exception is purported as applicable, additional support would be required to substantiate the applicability of the exception.

The PVoC must be available upon a shipments arrival to Kenya.  Where it arrives without the PVoC, or where it is issued with a date later than the shipment’s arrival, it will be presumed that the procedures for the pre-export verification were not followed and the importer will automatically be assessed a 15% penalty on the CIF value.  They will be further required to post a redeemable bond of a similar amount pending the import’s quality verification.

Both the Kenya Revenue Authority and Kenya Bureau of Standards (“KEBS”) have oversight of this new rule, the latter for which administers the “Pre-Export Verification of Conformity to Standards” program for exports to Kenya.  As the purpose is to minimize the risk of unsafe and substandard goods entering the Kenyan market by ensuring that products meet the health, safety and environmental standards for Kenyans, non-compliant goods will be denied entry.

What does this change mean?

In order to avoid delays in the issuance of the PVoC, exporters should contact an authorized verification company as early as possible as it is mandated to be undertaken in the country of origin.  If your company anticipates future exports to Kenya, identifying an appropriate location is a smart way to avoid potential additional delays when it comes time to ship your product.

The companies Société Générale de Surveillance (“SGS”), Intertek International, Messrs Bureau Veritas, and the China Certification and Inspection Group have all been contracted by KEBS to perform the pre-export verifications.  Keep in mind however, that each verifier is assigned certain regions for which it may carry out the verification - as opposed to having a general right for inspecting products originating from any part of the world - so finding an approved one for your region is a prudent first step.

Contacting the local branch of any of these companies where the product is located should be the first step to determine whether it can perform the verification, or if another company should be contacted.

Next Steps

This requirement which previously applied to only a limited class of goods now applies to all finished goods.  If you are uncertain as to how to obtain the PVoC on your current or anticipated Kenya bound shipments, or seek guidance on whether your product may meet one of the exceptions, post your questions/comments below or email clark.deanna@gmail.com.