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PVoC Exemptions
Exemptions
Criteria for exemption of specific importers from PVoC requirements is as given in the table below. Other request for waivers shall be handled in accordance with the provisions of Legal Notice No. 78 of 28th April 2020, Clause 10 as per the Waivers Evaluation Technical Committee (WETC) criteria in Annex 4. The importers seeking for waiver shall write to KEBS seeking for waiver and providing all the required documentation for review.
Document
Criteria for Exemption of Specific Importers from PVoC Requirements
| No. | Category | Criteria | Remarks |
|---|---|---|---|
| 1 | Industrial raw materials excluding materials specified by the National Standards Council, completely knocked down kits for road vehicles, machinery and industrial spares imported by registered manufacturers for own use | ▪ Applicant must demonstrate quality track record for the raw materials and the final products as confirmed by KEBS ▪ Proof of transformation of raw material(s) into a completely different product (finished product) ▪ Proof of certification to a quality management system/ or professional practice. ▪ Manufacturers to provide data on their customers e.g., complaints ▪ Manufacturers to provide certificate of analysis or material safety datasheet for raw materials issued by an approved lab (accredited lab, government lab, ISO certified manufacturer’s lab) ▪ Proof that the final products are directly linked to the raw materials being imported. ▪ Proof of registration as an assembler or Manufacturing Under Bond (MUB) or Export Processing Zone ▪ Proof of manufacturing (License or Permit) from other government agencies. | Concerned importers to fill the form in Microsoft excel format available on KEBS website (www.kebs.org) and submit the filled form in the same format (Microsoft excel format) via email to inspections@kebs.org together with the other required documents (the required documents are listed in the excel form under instructions). The application fees for exemption are: a) KES. 10,000 exclusive of VAT initial application processing fees for manufacturers whose final products are subject to S-MARK product certification scheme. Renewal applications to be done free of charge. b) KES. 50,000 exclusive of VAT initial application processing fees and KES 30,000 exclusive of VAT renewal application processing fees for manufacturers whose final products are not subject to S-MARK product certification scheme. c) KES. 5,000 exclusive of VAT processing fee for any additional items and/or amendment of items in the exemption certificate for both S-MARK and non- S-MARK holders. |
| 2 | Equipment and original equipment manufacturers (OEM) parts for licensed power generation companies | Evidence of Original Equipment Manufacturer warranty | Clearance to be based on confirmation of the invoice and warranty from the manufacturer. |
| 3 | Original equipment medical manufacturer’s parts for medical equipment | ▪ Evidence of Original Equipment Manufacturer for spare parts. ▪ Evidence of Manufacturer’s warranty | Clearance to be based on confirmation of the invoice and warranty from the manufacturer. |
| 4 | Goods imported by diplomats and diplomatic missions except motor vehicles. | PRO 1A or PRO 1B issued by the Ministry of Foreign Affairs | Approved PRO 1A or PRO 1B to be submitted to KEBS for application of a Local COC at the time of clearance. |
| 5 | Courier parcels with a value specified by the Council and direct assessment items approved by the Kenya Revenue Authority | ▪ Parcel handler's license issued by the Communications Authority of Kenya ▪ Direct assessment documents approved by Kenya Revenue Authority | Goods to be subjected to destination inspection. If parcels constitute food stuff, they shall be well labelled specifying ingredients and storage conditions. |
| 6 | Goods certified by Kenya Bureau of Standards (KEBS) under the Diamond Mark Scheme | Valid Diamond Mark permit | Concerned importers to submit the importation documentation to KEBS for processing of Local CoC. |
| 7 | oods manufactured within the East African Community (EAC | ▪ Country of Origin must be an EAC member state. ▪ Certificate of Origin ▪ Valid Product Certification Permit or Certificate of Analysis (raw materials) or Test Report issued by the respective National Standard Body of the country of origin | Import Entries for goods from EAC Partner states to be processed by KRA based on Country of supply. |
| 8 | Used personal effects belonging to returning residents and arriving expatriates excluding road vehicles. | Goods must be pre-owned before shipment. | Approval by the Kenya Revenue Authority (KRA) |
| 9 | General consumables (stores) imported by international carriers for in-flight or ships services and duty free products | ▪ Proof of licensing as international carrier ▪ Authority by KRA as proof to operate as duty free. | Concerned importers to submit licenses to KRA for processing of their import entries. |
| 10 | Re- imports | Submission of re-importation certificate (KRA) | Concerned importers to submit re- importation certificates to KRA at the time of importation |
| 11 | Temporary imports | ▪ Proof of bond execution with Kenya Revenue Authority. ▪ Carnet Certificate (for vehicles) | Concerned importers to submit an executed bond in favor of KRA at the time of importation. |
| 12 | Importers of vehicles from countries where KEBS does not have a motor vehicle inspection arrangement. | Country of exportation must be a country where KEBS does not have a motor vehicle inspection arrangement. | Vehicles not from United Arab Emirates, Japan, United Kingdom, Thailand, and South Africa to be subjected to destination inspection at a fee of 0.6% of the Customs Value or USD 265 whichever is higher. |
| 13 | Printed matter and recorded digital media. | Declaration that the material has not violated any intellectual property rights. | |
| 14 | he following products regulated under specific laws: i. explosives, arms and ammunition ii. plants, seeds and planting materials iii. live animals, carcasses and iv. hatching eggs v. tissues and organs vi. human and veterinary vii. pharmaceutical products viii. pesticides ix. aircraft and aircraft parts x. marinecraft and marinecraft parts xi. radioactive materials and isotopes | Proof of compliance with the relevant Regulations | Refer to Annex 2 for further guidance. |
| 15 | New motor vehicle parts imported from the manufacturer of the vehicle to which the parts are to be fitted or their authorized representative | (a) Evidence that the exporter is the original vehicle manufacturer or evidence of authorization by the vehicle manufacturer in the case of authorized representative. (b) Manufacturer’s warranty of the parts. (c) Evidence of registration by KEBS as importers of those parts. (d) Evidence of conformity of the parts with applicable standards. | Concerned importers to fill the form in Microsoft Excel format available on KEBS website (www.kebs.org) and submit the filled form in the same format (Microsoft excel format) via email to inspections@kebs.org together with the other required documents (the required documents are listed in the excel form under instructions). |
Products Regulated by Other Government Agencies Exempted from PVoC
| No. | Government Agency | Products Affected and the HS Code/Tariff Chapter |
|---|---|---|
| 1 | Central Firearms Bureau | ▪ 9301-9307: Arms and ammunition, parts and accessories thereof ▪ 3602.00.00 Prepared explosives, other than propellent powders. |
| 2 | Communications Authority of Kenya | 8526: Radar apparatus, radio navigational aid apparatus, Radio remote control apparatus |
| 3 | Directorate of Veterinary Services | ▪ 0101–0106: Live animals ▪ 0201–0210: Fresh/chilled carcasses only ▪ 0407.11.00, 0407.19.00 – Fertilised eggs for incubation ▪ 0504.00.00: fresh/chilled only ▪ 0506.10.00, 0506.90.00: Bones and horn-cores ▪ 0508: Coral and similar materials ▪ 0511.10.00: Animal semen ▪ 0511.99.10: Animal semen other than of bovine ▪ 4101 – 4103: Raw hides and skins |
| 4 | Fisheries Department | ▪ 0301 – 0302: Fish Live, fresh, or chilled ▪ 0306: Crustaceans, whether in shell or not, live, fresh, or chilled ▪ 0307: Molluscs, whether in shell or not, live, fresh or chilled ▪ 0308: Other aquatic invertebrates ▪ 0511.91.10: Fish eggs |
| 5 | Kenya Civil Aviation Authority | ▪ 8801 - 8807: Aircraft, spacecraft and parts thereof ▪ 4011.30.00: Aircraft tyres ▪ 4012.13.00: Retreaded aircraft tyres ▪ 8407.10.00: Aircraft engines ▪ 8409.10.00: Parts for aircraft engines |
| 6 | Kenya Nuclear Regulatory Authority | ▪ 84.01 - Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation ▪ 2844 – 2845: Radioactive chemical elements and radioactive isotopes |
| 7 | Kenya Maritime Authority | ▪ Chapter 89: Ships, boats, and floating structures ▪ Spares for ships, boats, and floating structures in any chapter |
| 8 | Kenya Plant Health Inspectorate Services | ▪ 0601 - 0604: Live plants and planting materials ▪ 0701 - 0709: Edible vegetables and certain roots and tubers – (Fresh/chilled) ▪ 1211, 1213: Oil seeds and oleaginous fruits; miscellaneous grains, seeds, and fruit; industrial or medicinal plants; straw and fodder ▪ 1401- 1404: Vegetable planting materials; vegetable products not elsewhere specified or included ▪ Seeds for sowing under any chapter |
| 9 | Mining Geological Department | ▪ 3601 – 3604: Explosives and pyrotechnic substances |
| 10 | Pest Control Products Board | ▪ 3808: Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products |
| 11 | Pharmacy and Poisons Board | ▪ 3001: Organs and glands ▪ 3002: Blood and related products ▪ 3003 - 3004: Medicaments ▪ 3006.30.00: Opacifying preparations for X-ray examinations; diagnostic reagents designed to be administered to the patient ▪ 3006.40.00: Dental cements and other dental fillings; bone reconstruction cements ▪ 3006.60.00: Chemical contraceptive preparations based on hormones. ▪ 3006.91.00: Appliances identifiable for ostomy use ▪ 3006.92.00: Waste pharmaceuticals ▪ 3006.93.00: Placebos and blinded (or double-blinded) clinical trial kits for a recognised clinical trial, put up in measured doses |
| 12 | Veterinary Medicines Directorate | ▪ 3002.42.00: Vaccines for veterinary medicine ▪ 3002.49.00: Other veterinary vaccines ▪ Livestock and animal medicine under 3808 |
| 13 | Kenya Wildlife Service | ▪ 0507: Ivory, tortoise-shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products. |
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