FIRST SCHEDULE
MARITIME SERVICE PROVIDERS AND THEIR SCOPE OF SERVICE
1.Ships agent services shall include—(a)all procedures relating to a vessel's entry and departure, pilotage and berthing;(b)the provision of port services through port operators, customs and other government agencies, firms or private individuals;(c)the procurement and processing of documents and activities required for the dispatch of cargo;(d)marine surveys, provision of ship stores, supplies, fresh water, cleaning of cargo holds, fumigation, supply of bunkers, ship repairs and other related services;(e)import and export shipments;(f)signing bills of lading, contracts of affreightment and issuing documents relevant to handling of cargo;(g)booking international sea passages and formalities for passenger's or tourist's embarkation or disembarkation;(h)attendance to marine casualties and arranging for salvage;(i)purchasing or forwarding ship's spare parts and stores;(j)collecting freight or charter hire where appropriate and all related financial matters;(k)customs and cargo documentation and forwarding of cargo;(l)procuring, processing the documentation and performing all activities required related to dispatch of cargo;(m)supply of services tot a ship while in port; and(n)such other services as the Authority may from time to time specify.2.Cargo consolidation services shall include—(a)the purchasing ofttransportation services from a carrier and offering such services for resale to other persons;(b)the paying of port-to-port or multimodal transportation charges;(e)entering into affreightment agreements with underlying shippers;(d)the issuing bills of lading or equivalent documents;(e)arranging for inland transportation and paying for inland freight charges on through transportation movements;(f)the paying of lawful compensation to ocean freight forwarders;(g)the leasing of containers; or(h)entering into arrangements with origin or destination agents.3.Container freight station services shall include—(a)the storage of containerized and non-containerized cargo, empty containers, imported motor vehicles;(b)the stuffing and stripping of containers;(c)the loading and unloading of containers onto and off trailers;(d)the receiving and delivering of containers; and(e)any other operations relevant to the activities of a container freight station, as may be approved by the Authority.4.Shipping line services shall include—(a)the offering of scheduled liner services for cargo carriage;(b)availing of containers for export of cargo;(c)the delivery of shipments to designated consignees, in as good condition as when received;(d)ensuring of the issuance of bills of lading to all cargo shipped onboard his vessel;(e)offering of seaworthy and well manned vessel at any given time of ship's voyage.5.Empty container depot services shall include the-(a)receipt and temporary storage of empty containers;(b)issuance and delivery of empty containers;(c)inspection of returned containers' conditions;(d)estimation of container damage costs;(e)issuing of interchanges for containers received and issued; and(f)submission of daily reports of container movement to respective shipping lines agents.6.Port facility operator services shall include—(a)vessel traffic service;(b)provision of pilotage;(c)provision of navigational aids along the coast of the Republic and within ports;(d)provision of tug boat services;(e)provision of berthing facilities;(i)storage of cargo within a port;(k)floating crane services;(o)radio and radar services;(r)any other services provided within a port which are designated as such by the Authority by notice in the Gazette.7.Clearing and forwarding agent services shall include—(a)receiving advance notification of shipments, or other documents to banks, shippers or consignees as required;(b)preparing and processing of import and export declarations;(c)clearance and handling of shipments in accordance with the Kenya government import and export regulations;(d)arranging for warehousing of the goods;(e)arranging dispatch of goods as per the directions of the customer; and(f)handling freight and other monies advanced by customers for purposes of clearance of the shipments.SECOND SCHEDULE
APPLICATION FOR A LICENCE AS A MARITIME SERVICE PROVIDER
1.Maritime service for which license is sought ........................2.Name of applicant ............................................................3.Postal address ..................................................................4.Email address ...................................................................5.Registration under Companies ActCompany Registration Number ......................................Date ............................................................................6.Physical AddressStreet ................... Plot No: ............... Building: .................Telephone No. .............., Telex No. .........., Fax No. .............7.Particulars of foreign shareholding ........................................8.Paid-up capital....................................................................9.What business other than that of a maritime service provider is carried on by the applicant?............10.Particulars of directors and shareholdersFull Names ...........................................................................Designation/Position ..............................................................Nationality .............................................................................Postal address...........................................................................Academic qualifications ...........................................................Professional qualifications ........................................................Years of experience...................................................................11.Particulars of previous registrationRegistration No ....................... Year .....................12.Has applicant or any of the applicant's partners, officers, directors, or shareholders ever(a)been found in violation of any provisions of the Merchant Shipping Act?Yes .................. No .................. or paid penalty in settlement for such violation?Yes .................. No ..................(b)filed or been involved in a bankruptcy proceeding, other than as a claimant, been declared bankrupt, been subjected to a tax lien, or had legal judgment rendered for a debt? Yes.......... No.........(c)been arrested, charged, convicted of, or forfeited collateral for any felony, misdemeanour or other violation? Yes....... No........If the answer is 'yes' give details including the number and type of offence(s) committed, place and date of offence(s), outcome(s) and (where appropriate) name of the convicting court(s) .................................................13.Please provide full details of the regular shipping service's activities (including ports concerned, names of vessels assigned to the service, volume of traffic, shipping line's timetable, turnaround time of vessels etc).Declaration and undertaking(a)I declare that to the best of my knowledge and belief the information I have provided in this application form and the attached is accurate and any accompanying documents are authentic(b)I undertake that the registration issued will be carried on board the vessel and presented on request to the competent customs authorities.(c)I undertake to notify the Authority of any changes in the shareholding and location of business premises.Name in full: .................................................................................Position/Designation: ......................................................................Signature: ...................................... Date: ........................................Stamp or SealThe following must accompany the Application Form—The application for registration should be accompanied by certified copies of the following documents for locally incorporated companies—(a)Certificate of Incorporation;(b)Tax Compliance Certificate issued by the Kenya Revenue Authority Provided that this requirement shall not apply to a company incorporated within a period of less than twelve months preceding the date of lodging an application for a license under this Regulation.(d)Copies of the Memorandum and Articles of Association;(e)Copies of Personal Identification Number certificate of the company and directors;(f)Copies of Identity card or passport of all directors;(g)Recent passport photographs of all the directors duly certified by a notary public;(h)Agency agreement submitted in confidence between the agency and principal;(i)Proof of office premises and communication facilities;(k)Proof of a liability insurance cover.THIRD SCHEDULE
LICENCE TO PRACTISE AS A MARITIME SERVICE PROVIDER
| KENYA MARITIME AUTHORITY |
| ANNUAL LICENCE TO PRACTICE AS A MARITIME SERVICE PROVIDER |
| |
| |
| ....................................................................................................(Name and Address) |
| .................................................................................................... |
| (Director General, Kenya Maritime Authority) |
| |
FOURTH SCHEDULE
MINIMUM TERMS FOR SERVICE LEVEL AGREEMENTS
1.Ships Agents—(a)submission of manifest or bay plan to Kenya Ports Authority and other statutory bodies with minimum delay and within the time stipulated in any relevant law for the time being in force;(b)registration of manifest with Kenya Revenue Authority within the time required by the relevant local law;(c)processing of container deposit refunds and other related charges;(d)key performance indicators;(e)issuance of cargo release documents for importers and/or shipping orders to exporters or;(f)such other standards as may be set by the Authority with the aim of securing the fastest release of cargo.3.Shipping Lines—(a)period for transmission of manifests to local agents;(b)treatment of ship related delays such as waiting for export cargo at ship's request, changing crew, bunkering, documentation problems or others, if they impact on cargo operations;(c)key performance indicators;(d)any other activity as may be notified from time to time.4.Container, Freight Stations—(a)period for transfer of container from the port to the container freight stations;(b)key performance indicators;(c)period for release of cargo from the container freight station to the consignee; and(d)any other activity as may be notified from time to time.5.Empty Container Depots—(a)period of receiving container to the depot from shippers;(b)period for release of empty container to shippers;(c)period of repatriation of empty containers to shipping lines;(d)key performance indicators;(e)any other activity as may be notified from time to time.6.Clearing and Forwarding Agents—(a)preparation and lodging of entries for cargo clearance;(b)releasing of cargo from the shipping lines;(c)processing of port clearance documents;(d)key performance indicators;(e)other activities as may be prescribed.7.Port Service Operators—An undertaking on the following key performance indicators:(h)terminal throughput (tens and dwt);(i)other activities as may be prescribed.8.Cargo Consolidators(a)Submission of house manifest to Kenya Revenue Authority and other statutory bodies;(b)Registration of house manifest with Kenya Revenue Authority;(c)submission of C11 to Kenya Revenue Authority and Kenya Ports Authority;(d)issuance of arrival notices and house bill of lading;(e)stuffing and de-stuffing of shipments;(g)key performance indicators;(h)other activities as may be prescribed.
