The National Electronic Single Window System (General) Regulations, 2024

Legal Notice 50 of 2024

The National Electronic Single Window System (General) Regulations, 2024

Citation: Legal Notice 50 of 2024
Primary work: National Electronic Single Window System Act
Date: 4 April 2024
Language: English
Type: Legal Notice
Original enactment: Download original enactment (PDF) (830.1 KB)

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LAWS OF KENYA

NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM ACT

THE NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM (GENERAL) REGULATIONS, 2024

LEGAL NOTICE 50 OF 2024

Published in Kenya Gazette Vol. CXXVI—No. 42 on 4 April 2024
Commenced on 8 March 2024

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the National Electronic Single Window System (General) Regulations, 2024.

2. Interpretation

In these Regulations unless the context otherwise requires—“Act” means the National Electronic Single Window System Act, 2022;“Agency” means the Kenya Trade Network Agency established under Section 26 of the Act;“Chief Executive Officer” has the meaning assigned to it under Section 32 of the Act;“clearance document” means an official document that an importer or exporter is required to obtain in order to be cleared by a relevant regulatory agency;“integration” means the process of connecting or creating a connection between the electronic system of public and private entities involved in receipting, processing and approving documents related to trade transactions with the Single Window System to facilitate data and information exchange;“logistics platform” means the National Logistics Platform established under regulation 23;“Register” means the electronic register of registered users maintained in accordance with regulation 10;“service-level agreement” has the meaning assigned to it under section 2 of the Act;“System” has the meaning assigned to it under section 2 of the Act; and“user” means a person registered and authorised by the Agency to use the system.

3. Objects and purpose of Regulations

The objects and purpose of these Regulations is to give effect to section 43(1) of the Act by—

(a)facilitating the efficient administration of the System;

(b)providing for the procedure for registration of users of the System;

(c)enabling the single-entry point for submission and receipt of cargo clearance documents or any other relevant information;

(d)setting out methods for integrating or on-boarding a stakeholder into the System;

(e)providing mechanisms for the System to serve the entire trade and logistics within airports, seaports and dry ports;

(f)facilitating the electronic payment of fees and levies on permits and licenses for imported or exported goods;

(g)reducing—

(i)the number of documents or data entries required for trade transactions;

(ii)the time taken to clear goods; and

(iii)manual interventions including physical inspection and examination;

(h)automating trade processes;

(i)facilitating use of electronic signatures to authenticate transactions;

(j)enhancing consultation and collaboration between the Agency, relevant regulatory agencies and stakeholders for simplification of import and export procedures;

(k)creating awareness and sensitizing the public on import and export procedures; and

(l)prescribing fees for the use of the System.

Part II – REGISTRATION OF USERS AND ACCESS TO THE SYSTEM

4. Application for Registration

(1)Pursuant to section 12 of the Act, a person seeking to use the System shall apply to the Agency for registration as a user of the System.

(2)An application for registration under subregulation (1) shall be-

(a)in form-

(i)KTNA 1 set out in the First Schedule, where the applicant is a non-governmental entity;

(ii)KTNA 2 set out in the First Schedule, where the applicant is a partner government entity;

(b)accompanied by-

(i)registration certificate of the business entity or an identity document of an individual;

(ii)evidence of registration as a tax payer from the relevant tax authority;

(iii)evidence of registration by the relevant regulatory authority where the applicant is a regulated entity; and

(c)accompanied by the registration fees set out in the Second Schedule.

(3)Upon receipt of an application under this regulation, the Agency shall consider the application and where the applicant meets the conditions for registration under subregulation (2), enroll the applicant in a training on the use of the System.

5. Registration of user

(1)The Agency shall conduct trainings on the use of the System from time to time as a pre-requisite for applicants seeking to be registered as users of the System.

(2)Where an applicant completes the training stipulated in regulation 4(3), the Agency shall register the applicant as a user of the System.

6. Rejection of an application

(1)The Agency may reject an application for registration where an applicant—

(a)fails to provide the required evidence or documents;

(b)fails to undertake the training required under regulation 4(3);

(c)fails to pay the specified registration fee; or

(d)otherwise contravenes provisions of any written law relating to registration.

(2)Where the Agency rejects an application for registration, the Agency shall, within forty-eight hours of the decision, notify the applicant of the decision indicating reasons.

7. Review of decision

(1)An applicant who is aggrieved by a decision of the Agency under Regulation (6), may apply to the Chief Executive Officer for a review of the decision within forty-eight hours after the notification under sub-regulation 6(2).

(2)An application for review under subregulation (1) shall be in form KTNA 3 set out in the First Schedule and shall include the grounds and reasons for seeking review.

(3)The Chief Executive Officer shall consider the grounds and reasons for review and shall communicate the decision to the applicant within forty-eight hours of receiving the application for review.

8. Appeal to the Board

(1)Where an applicant is dissatisfied with the decision of the Chief Executive Officer under subregulation 7(3), the applicant may appeal to the Board within forty-eight hours of receiving the Chief Executive Officer's decision.

(2)An appeal under subregulation (1) shall be in form KTNA 3 set out in the First Schedule and shall include grounds and reasons for appeal.

(3)The Board shall consider the grounds and reasons for appeal and shall communicate the decision to the applicant within fourteen days of receiving the appeal.

9. Notification of login credentials and annual access fee

(1)The Agency shall notify a registered user of their unique System login credentials within forty-eight hours of registration.

(2)The unique login credentials provided under subregulation (1) shall be valid for a period of one year from the date of registration.

(3)Upon expiration of one year after registration and for every subsequent year thereafter, the user shall be required to pay the annual access fee set out in the Second Schedule to obtain unique login credentials for continued access to the System.

(4)The Agency shall notify a user regarding the expiration of their login credentials and the requirement to pay the annual access fee at least thirty days prior to the expiration date.

(5)Where a user fails to pay the annual access fee within the specified time frame, the Agency shall suspend the user's access to the system until the fee is paid.

10. Register of users

(1)The Agency shall keep and maintain an electronic register of all users registered in accordance with the Act and these Regulations.

(2)Pursuant to section 12(3)(b) of the Act, the Register shall contain the following particulars of users—

(a)the name of the user;

(b)the physical address of the user;

(c)the phone number and e-mail address of the user; and

(d)the levels of access of the user as specified in the Third Schedule.

(2)Where a user changes any of their particulars, the user shall notify the Agency of the change by seeking an update of the record in the Register.

(3)A notification under subregulation (2) shall be made in Form KTNA 4 set out under the First Schedule and accompanied by the fee specified in the Second Schedule.

(4)Within seven days of receipt of the notification under subregulation (3), the Agency shall consider the user’s request, verify the particulars of the user, verify and update the Register.

11. Suspension of a user

(1)The Agency may suspend a user’s access to the System where—

(a)the user’s account is dormant for a period exceeding six months;

(b)the user contravenes a directive issued by the Agency on the use of the System; or

(c)the user fails to cooperate with the Agency on any inquiry related to the use of the System.

(2)The Agency shall, before executing a suspension under subregulation (1) issue a notification to the user specifying the reasons for the suspension and the effective date.

12. Lifting of suspension

(1)A user whose access to the System has been suspended under regulation 11 may apply to the Agency to lift the suspension to re-access the System.

(2)An application under subregulation (1) shall be made in form KTNA 4 set out in the First Schedule accompanied by—

(a)proof that the user has rectified the anomalies cited as reasons for suspension; and

(b)fees set out in the Second Schedule.

(3)Upon receipt of an application under subregulation (2), the Agency shall consider the application and may—

(a)approve the application and reinstate the user’s access to the System and notify the user within forty-eight hours of making the decision; or

(b)reject the application and, within forty-eight hours of making the determination, notify the applicant of the decision indicating the reasons thereof.

13. Review of decision

(1)A user who is aggrieved by a decision of the Agency under Regulation (12), may apply to the Chief Executive Officer for a review of the decision within forty-eight hours after the notification under Regulation 12 (3) (b).

(2)An application for review under subregulation (1) shall be in form KTNA 3 set out in the First Schedule and shall include the grounds and reasons for seeking review.

(3)The Chief Executive Officer shall consider the grounds and reasons for review and communicate the decision to the user within forty-eight hours of receiving the application for review.

14. Appeal to the Board

(1)Where a user is dissatisfied with the decision of the Chief Executive Officer under subregulation 13 (3), the user may appeal to the Board within forty-eight hours of receiving the Chief Executive Officer's decision.

(2)An appeal under sub-regulation (1) shall be in form KTNA 3 set out in the First Schedule and shall include grounds and reasons for appeal.

(3)The board shall consider the grounds and reasons for the appeal and communicate the decision to the user within fourteen days of receiving the appeal.

15. Deregistration of user

Pursuant to section 12(4)(b) of the Act, the Agency may deregister a user who—

(a)provides false or misleading information in the application for registration;

(b)fails to comply with the conditions issued after receiving a notice of suspension under regulation 11;

(c)requests for deregistration from the System;

(d)has been barred by a court of competent jurisdiction from using the System; or

(e)has had their operational licences revoked by a relevant regulatory authority.

(2)Prior to effecting the deregistration of a user, the Agency shall issue a notification to a user specifying the grounds and the effective date of deregistration.

(3)Upon deregistration of a user under this regulation, the Agency—

(a)shall terminate the users access to the System including all associated rights, privileges and authorizations; and

(b)may reject, cancel or proceed with any pending transaction initiated by a deregistered user as deemed necessary.

16. Review of decision

(1)A user who is aggrieved by a decision of the Agency under Regulation (15), may apply to the Chief Executive Officer of the Agency for a review of the decision within forty-eight hours after the notification under Regulation 15 (2).

(2)An application for review under subregulation (1) shall be in form KTNA 3 set out in the First Schedule and shall include the grounds and reasons for seeking review.

(3)The Chief Executive Officer shall consider the grounds and reasons for review and communicate the decision to the user within forty-eight hours of receiving the application for review.

17. Appeal to the Board

(1)Where a user is dissatisfied with the decision of the Chief Executive Officer under subregulation 16 (3), the applicant may appeal to the Board within forty-eight hours of receiving the Chief Executive Officer's decision

(2)An appeal under subregulation (1) shall be in form KTNA 3 set out in the First Schedule and shall include grounds and reasons for appeal.

(3)The Board shall consider the grounds and reasons for appeal and communicate the decision to the user within fourteen days of receiving the appeal.

18. Access by a user into the System

(1)A user who has been successfully registered in the System and issued with unique login credentials may access the System to—

(a)make an electronic application for—

(i)a unique consignment reference;

(ii)impending arrival and departure reported for a vessel;

(iii)an import and export permit license or exemption;

(iv)marine cargo insurance; or

(v)a domestic trade permit or license.

(b)issue, send or serve a notification for status of the processing of an application;

(c)receive import and export declarations from the Commissioner of Customs or Partner States;

(d)make, vary or cancel any entry for a permit, license or any other relevant document lodged into the System;

(e)lodge an objection to any transaction in the System;

(f)give a statement of reasons for an action taken through the System; or

(g)make an electronic payment of fees or levies for purposes of the Act or these Regulations.

(2)The levels of access to the System granted to a user shall be in accordance with the access criteria specified in the Third Schedule.

(3)A user who lodges an application under subregulation (1) shall pay the respective fees as set out under the Second schedule.

19. Responsibilities of a user.

(1)A user shall—

(a)be responsible for the transactions processed through the system using their account;

(b)not disclose or share their account login credentials;

(c)maintain, at their own cost, adequate hardware, software and internet connectivity to access the System; and

(d)protect the confidentiality of their transaction carried out in the System.

Part IV – TRADE FACILITATION MECHANISM

20. Onboarding and integrating into the System.

(1)Where an entity seeks to on-board or integrate into the system, the entity shall submit a written request to the Agency.

(2)Upon the receipt of the request to be on-boarded or integrated, the Agency shall initiate engagements with the requesting entity.

(3)Once a decision to on-board or integrate into the System is agreed upon, the Agency and the requesting entity shall jointly conduct a feasibility study and develop business and systems requirements.

(4)Unless otherwise agreed, the cost of integration or on-boarding shall be met by the requesting entity.

(5)The integration or on-boarding shall be implemented in accordance with the agreed upon business and system requirements between the Agency and the requesting entity.

(6)When the integration or the on-boarding process is completed, the Agency and the requesting entity shall notify and sensitize the affected stakeholders.

(7)For purposes of this Regulation—

(a)“onboarding” means the process through which a new entity is assimilated into the System to facilitate seamless and efficient engagement in trade activities; and

(b)“requesting entity” means a public or private entity involved in receipting, processing and approving documents related to trade transactions, which expresses an intention to the Agency to be onboarded or integrated into the System.

21. Data base of imported and exported goods

(1)The Agency shall establish and maintain a database of imported and exported goods to facilitate trade operations.

(2)The database established under subregulation (1) shall contain—

(a)a description of the goods;

(b)the particulars of an importer and exporter;

(c)the value of goods;

(d)the volume of goods;

(e)the terms of the transaction;

(f)the harmonised System Codes;

(g)the details of the country of origin;

(h)the details of the country of export or supply;

(i)means or mode of transport;

(j)port of entry; and

(k)date of import or export.

(3)Any access to the database shall be limited to the authorised personnel or on request.

22. Portal on trade information

(1)The Agency shall establish a portal to provide information on import, export and transit procedures.

(2)The Agency may engage relevant regulatory agencies from time to time to obtain information on imports, exports or transit procedures.

(3)Subject to subregulation (2), where a regulatory agency approves its import, export or transit procedures, the regulatory agency shall sign off with the Agency.

(4)The import, export or transit procedures approved under subregulation (3) shall be published by the Agency in the portal.

23. National logistics platform

(1)Pursuant to section 43(2)(d) of the Act, there shall be a platform to be known as the National logistics platform.

(2)The logistics platform may be used by the Agency to promote efficient trade and provide online information to traders and transporters regarding service levels, service hours and service fees associated with—

(a)the location of warehouses, terminals, cargo services and regulatory facilities;

(b)marine cargo insurance and trade finance;

(c)clearing and forwarding services;

(d)shipping lines and agent services;

(e)ground handlers, container freight services, inland container depot, consolidators and port operator’s services;

(f)private stevedoring services; and

(g)electronic tracking of cargo, handling of cargo delivery orders, transport orders, appointment-based drop-offs and pick up services.

(3)The logistics platform shall enable—

(a)sharing of electronic information on means of transport with the relevant statutory agencies;

(b)common referencing including a unique reference number across all partner government agencies; and

(c)sharing of vessel profiles and provisional berthing schedules among partner government agencies.

24. Facilitation services

(1)The Agency may lodge an application for license, permit or an exemption for duties and levies on behalf of the traders.

(2)The Agency may charge a user a commission for facilitating the provision of the service.

25. Support to users

The Agency may provide support to a user to—

(a)utilise the System for the facilitation of domestic trade; and

(b)map and simplify trade procedures.

26. Protection of the economy

(1)The Agency may provide an online segment in the System to provide information on—

(a)countervailing and protective duties;

(b)information on trade and supply chain facilitation measures and other investment promotion measures; and

(c)linkages between the System for international commerce and other systems or online government services.

(2)In performing the mandate under this regulation, the Agency shall collaborate with the other relevant agencies.

27. Public health, safety and environment

The Agency may utilise the System to provide information on the protection of health, safety and environment including—

(a)online information about goods that pose safety, environmental or health hazards;

(b)referring items in cross border shipments to the respective partner government agencies in the event that such goods require clearance, documentary checks, examinations;

(c)implementing risk-based selectivity on behalf of other agencies for documentary verification, inspection and testing;

(d)online information about narcotics and psychotropic substances and their respective controls; and

(e)electronic reporting of regulatory information concerning handling and movement of hazardous waste as per the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

Part V – MISCELLANOUS PROVISIONS

28. Offences

(1)A person commits an offence where the person—

(a)knowingly provides false or misleading information while accessing or using the System;

(b)intentionally or knowingly accesses the System without authorization from the Agency; or

(c)interferes with the System without authorization from the Agency.

(2)A person who contravenes the provisions of this Regulation is liable upon conviction to the penalty prescribed under Section 41 of the Act.

29. Trade statistics report

(1)Pursuant to section 27(h) of the Act, the Agency shall collect trade statistics and prepare an annual trade statistics report.

(2)In the preparation of the trade statistics report under subregulation (1), the Agency may co-operate with the Kenya National Bureau of Statistics or any other relevant agency to provide official trade data.

(3)The Agency may, on request, share relevant trade statistics with any person.

30. Application of the Data Protection Act, 2019

The provisions of the Data Protection Act, 2019 shall apply to the processing of personal data under the Act and these Regulations.

31. Service fee

When processing permits or license fees on behalf of a partner Government Agency through the system, the Agency shall impose a service fee constituting two percent of the collected fees.

32. System maintenance

(1)The Agency shall undertake routine and scheduled maintenance of the System to make the system available, accessible and usable.

(2)Where the Agency identifies the need for scheduled maintenance that is likely to cause disruptions to the System’s availability, the Agency shall issue notice of at least forty-eight hours prior to carrying out of the maintenance.

(3)Despite the notice period under subregulation (2), the Agency may perform emergency maintenance where necessary to maintain the integrity and security of the System.

33. Service level agreement

(1)The Agency shall enter into a service-level agreement with an entity authorised to provide services through the System in accordance with section 9(a) of the Act.

(2)A service-level agreement under subregulation (1) shall —

(a)specify the obligations of each party to the agreement;

(b)identify the systems that the subject to integration and clearly define their boundaries;

(c)clarify the levels of confidentiality for information classification;

(d)provide for levels of authorisation and access controls;

(e)establish the criteria for the data management life-cycle including the retention period;

(f)establish limitations and liability coverage for exposure.

FIRST SCHEDULE

FORMS

KTNA-1:

USER REGISTRATION FORM

(r. 4(2)(a)(i)Note: This form shall be submitted electronically.

USER DETAILS

NAME……………………………………………………………………………………….ADDRESS………………………………………………………………………………….TELEPHONE………………………………………………………………………………EMAIL…………………………………………………………..…………………………PIN NUMBER…………………………………………………………………………….CONTACT PERSON (NAME AND EMAIL)…………………………………………….SELECT PROFILE TO BE ASSIGNED

(Check appropriate box)
CLEARING AGENT (CA) ☐	EXPORTER/IMPORTER (EXIM) ☐		CFS OPERATOR (CFS) ☐
CONSOLIDATOR (CON) ☐	BANK (BNK) ☐	INSURANCE (INS) ☐	SHIPPING LINES ☐

OTHERS (SPECIFY)………………………………………………………………………..REASONS FOR REQUEST...........................................................AUTHORISED USER DETAILS

SURNAME…………………………………	OTHER NAMES………………………
PIN NUMBER………………………………	ID……………………………………….
TELEPHONE……………………….	MOBILE………………………………..
EMAIL……………………………………….	SIGNATURE………………………….…

HAVE YOU BEEN TRAINED YES

If YES, please provide date……………. Certificate No.…………… Signature…………...Where necessary add more usersName………………………………………………………………Title…………………………………………………………………Signature…………………………………………………………….Date…………………………………………………………………..Notes1. Company’s Directors/Business Owners are liable for all the user details submitted on this form2. Upon creation of the account, the login and passwords will be sent to individual users’ email provided3. KenTrade reserves the right to suspend a company/Business account and user account due to abuse of system, advise from any government agency, inactive account for period of 6 months

Application Authorization (FOR OFFICIAL USE ONLY)

APPLICATION: GRANTED [ ] DENIED [ ]REASONS:……………………………………………………………………………………………….……………………………………………………………………………………………….……………………………………………………………………………………………….APPROVED BY………………… DESIGNATION………………………………………SIGNATURE ……………………………………... DATE.................................................

NAME OF USER	USER LOGIN ISSUED	DATE ACCOUNT CREATED
1.....………………………	.....………………………	.....………………………
2.....………………………	.....………………………	.....………………………
3.....………………………	.....………………………	.....………………………

PROCESSED BY…………………………………………………………………………SIGNATURE…………………………………………… DATE …………………………

____________________________________________________

KTNA 2

APPLICATION FORM

PARTNER GOVERNMENT AGENCY SYSTEM ACCESS

(r. 4(2)(a)(ii)Note: The form shall be submitted electronicallyPGA DETAILSPGA NAME………………………………………………………………………………...ADDRESS…………………………………………………………………………………TELEPHONE……………………………………………………………………………...EMAIL:…………………………………………………………...…………………………PIN NUMBER (attach copy)………………………………………………………………REASONS FOR REQUEST...............................................................AUTHORISED USER DETAILS

SURNAME…………………………………	OTHER NAMES………………………
PIN NUMBER………………………………	ID……………………………………….
TELEPHONE……………………….	MOBILE………………………………..
EMAIL……………………………………….	SIGNATURE………………………….…

Select Profile to be assignedPGA ADMIN [ ] CHECKING OFFICER [ ] INSPECTION OFFICER [ ]State the stations and CFSs the officer will be assigned……………………………………HAVE YOU BEEN TRAINED YES [ ] NO [ ]If YES, please provide date…………… and certificate no.………… Signature …………__________________________________________________________________________________Where necessary add more usersCEO/MDs Name…………………………………………………………………………..Signature……………........................Date…………………………………Notes1.Upon creation of the account, the login and passwords will be sent to individual users’ email provided2.KenTrade reserves the right to suspend a company account and user account due to abuse of system, advise from any government agency, inactive account for period of 6 months3.An Authorized Officer should attend Mandatory user training before applying for registration

Application Authorization (FOR OFFICIAL USE ONLY)

APPLICATION: GRANTED [ ] DENIED [ ]REASONS:……………………………………………………………………………………………….……………………………………………………………………………………………….……………………………………………………………………………………………….APPROVED BY………………… DESIGNATION………………………………………SIGNATURE……………………………………... DATE.................................................

NAME OF USER	USER LOGIN ISSUED	DATE ACCOUNT CREATED
1.....………………………	.....………………………	.....………………………
2.....………………………	.....………………………	.....………………………
3.....………………………	.....………………………	.....………………………

PROCESSED BY…………………………………………………………………………...SIGNATURE…………………………………………… DATE…………………………

____________________________________________________

KTNA 3:

REVIEW AND APPEALS FORM

[r. 7(2), 8(2), 13(2), 14(2), 16(2), 17(2)]

Name of User/Applicant
Nature of request	Review	Yes/No	Appeal
	Yes/No
Date lodged
Entity
Cellphone Number
Physical Address		Email
Are You Currently aRegistered System User?	☐ Yes☐ No	Preferred Contact Method	☐ Call☐ Email
	☐ Registration☐ De-registration		☐ Suspension
Reasons for Review/Appeal
Grounds for Review/Appeal
User/Applicant request
For Official use
Decision made:
Date

____________________________________________________

KTNA-4

USER ACCOUNT NOTIFICATION FORM

(r. 10 (3))Note: This form shall be submitted electronically.DETAILS OF THE PERSON REQUESTING UPDATENAME……………………………………………………………………………………….ADDRESS………………………………………………………………………………….TELEPHONE………………………………………………………………………………EMAIL.…………………………………………………………..…………………………PIN NUMBER …………………………………………………………………………….SELECT PROFILE PREVIOUSLY ASSIGNED

(Check appropriate box)
CLEARING AGENT (CA)......	EXPORTER/IMPORTER (EXIM)....		CFS OPERATOR (CFS).......
CONSOLIDATOR (CON) ☐	BANK (BNK) ☐	INSURANCE (INS) ☐	SHIPPING LINES ☐

OTHERS (SPECIFY)…………………………………………………..REASONS FOR REQUEST........................................................................................................................TYPE OF REQUEST:AMEND USER DETAILS [ ] LIFTING SUSPENSION [ ]REASONS FOR REQUEST………………………..........................................................................................................EVIDENCE PROVIDED OF CORRECTION OF ANOMALIES THAT RESULTED IN SUSPENSION (ATTACH)………………………………………………………………………………………………DETAILS OF ACCOUNT TO BE UPDATED/ACTIVATEDSURNAME..........................................................................................OTHER NAMES..................................................................................PIN NUMBER....................................................................................ID NO.................................................................................................USER LOGIN ID.........................................................................................TELEPHONE....................................................................................MOBILE...........................................................................................OLD EMAIL........................................................................................NEW EMAIL.......................................................................................ACCOUNT OWNER SIGNATURE.....................................................Where necessary add more usersBusiness Owner/DirectorName………………………………………………………………………Signature.............................................................................................Date..................................................................................................Notes1.Company’s Directors/Business Owners are liable for all the user details submitted on this form2.KenTrade reserves the right to suspend a company/Business account and user account due to abuse of system, advise from any advise from any government agency, inactive account for period of 6 months

Application Authorization (FOR OFFICIAL USE ONLY)

APPLICATION: GRANTED [ ] DENIED [ ]REASONS:……………………………………………………………………………………………….……………………………………………………………………………………………….……………………………………………………………………………………………….APPROVED BY.................................................................................DESIGNATION..................................................................................SIGNATURE......................................................................................DATE..................................................................................................PROCESSED BY…………………………………………………………………………..SIGNATURE…………………………………………… DATE…………………………

____________________________________________________

SECOND SCHEDULE (r.4(2(c); r.9(3); r.10(3); r.12(2) (b), 18(3)

FEES

NO.	DESCRIPTION OF THE SERVICE	USER FEES (Amount)
1.	Application for registration	Fifty United States Dollars per user or its equivalent in Kenya Shillings
2.	Annual access fee	Fifty United States Dollars per user or its equivalent in Kenya Shillings
3.	Application for lifting of a suspension	Ten United States Dollars per request per user or its equivalent in Kenya Shillings
4.	Request for change of particulars	Five United States Dollars per request per user or its equivalent in Kenya Shillings
5.	Application for Unique Consignment Reference (UCR) number in the System	Ten United States Dollars per transaction or its equivalent in Kenya Shillings.
6.	Application for notification for impending arrival or departure of a consignment	Eighty United States Dollars, per notification or its equivalent in Kenya Shillings.
7.	Application for an import and export exemption	Ten United States Dollars per transaction or its equivalent in Kenya Shillings.
8.	Application for a domestic trade permit or license	Five United States Dollars per transaction or its equivalent in Kenya Shillings.

____________________________________________________

THIRD SCHEDULE (r.10(2)(d); r. 18(2)

LEVELS OF ACCESS BY USERS

USER	ACCESS RIGHTS
Exim (exporters and importers)	An exporter or importer shall be granted access to:(1)its user information including name, PIN, ID, address, contacts; employee names and roles.(2)import and export information (name and contact details of importers and exporters – (limited to the Company)(3)its status of processing of permits including approvals, rejections, and applications pending/requiring more action.
	(4)Permits issued by Partner Government Agencies applied for by the Company.(5)Status of release of goods including status of cargo released, on hold, under verification, sampling, for goods being exported or imported by the company(6)payment information for transactions being processed by the company including amount paid; status of receipt of payment; error of payment; mode of payment.(7)Marine cargo insurance details relating to the company.(8)Customs declarations for the company.
Partner Government Agencies (PGAs) – permit issuing	A permit issuing PGA shall be granted access to:(1)User information including name, PIN, ID, address, employee names, roles that are specific to the PGA.(2)import and export information including name and contact details of importers and exporters that are specific to the PGA.(3)Status of processing of permits including approvals, rejections, permits pending/requiring more action.(4)Permits issued by Partners Government Agencies dependent on whether it is an import transaction or export transaction.(5)Status of release of goods including cargo released, on hold, under verification and sampling.(6)risk management profiles specific to the PGA.
	(7)payment information including amount paid; status of receipt of payment; error of payment; mode of payment specific to the PGA.(8)All manifest information for both Air and Sea.(9)Customs declarations.
Clearing Agents	A Clearing Agents shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.(2)Import and export information including name and contact details of its importers and exporters.(3)Status of processing of permits including approvals, rejections and permits pending/requiring more action relating to itself and for importers/exporters.(4)Permits issued by Partners Government Agencies applied for by the importers/exporters.(5)Status of release of imported or exported goods including cargo released, on hold, under verification and sampling information specific to the goods being exported or imported by the Agent.(6)payment information including amount paid; status of receipt of payment; error of payment; mode of payment for transactions being handled by the Agent, importer or exporter.(7)Marine cargo insurance details that are specific to the importer or exporter.(8)Customs declarations specific to the importer/ exporter
Shipping Agents	A Shipping Agents shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names, and roles.(2)Impending arrival notices for vessels (IAR) and sea manifests
Ground Handling Agents	A Ground Handling Agents shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.(2)Air manifest details specific to its transactions
Container Freight Stations(CFS)	A Container Freight Station (CFS) shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.(2)Its delivery orders information(3)Its Manifest information
Banks	A Bank shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.(2)Import Declaration Forms (IDF) information for transactions it is financing.(3)Unique Consignment Reference Numbers (UCRs)-for transactions it is financing.
Insurance Firms	An Insurance firm shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.
	(2)Unique Consignment Reference Numbers (UCRs) for transactions it is insuring.(3)Marine cargo insurance applications specific to it.
The National Treasury	The National Treasury shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.(2)Duty Remission information.(3)DA 1 exemption for Donor funded projects and programs.(4)Master Lists for government funded projects exemptions.
Non-Permit issuing government agencies	A Non-permit issuing Government Agency shall be granted access to:(1)All user information including name, PIN, ID, address, contacts; employee names and roles.(2)All import and export information including name and contact details of importers and exporters.(3)Status of processing of all permits including status of approvals, rejections, applications pending or requiring more action.
	(4)Information on all Permits issued by Partners Government Agencies.(5)Status of release of goods.(6)All risk management profiles. All payment information including amount paid; status of receipt of payment; error of payment; and mode of payment.(7)All manifest information for both Air and Sea.(8)All Customs declarations information.
Marine surveyors	A Marine surveyors shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.(2)Marine Cargo Insurance information
Insurance Regulatory Authority	The Insurance Regulatory Authority shall be granted access to:(1)user information including name, PIN, ID, address, contacts; employee names and roles which are specific to it.(2)Marine cargo insurance information.
Kenya Ports Authority	The Kenya Ports Authority shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.(2)Vessel profile, berthing information, sea manifest and bayplan information
Consolidators	A Consolidator shall be granted access to:(1)Its user information including name, PIN, ID, address, contacts; employee names and roles.(2)Sea and air house manifest information

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History of this document

04 April 2024 this version

Published in Kenya Gazette 42

08 March 2024

Commenced