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Guidelines for Exporting SME Manufactures to the EAC/Comesa Region
The following are the guidelines to the SME Manufactures Exporting to the EAC/Comesa A.    Mandatory Legal Requirements
Classification
Micro Enterprises
1.    Micro Enterprise refers to a firm, trade or industry whose annual turnover does not exceed Kshs. 500,000.00
2.    Employs less than 10 people
3.    The total assets and financial investment shall be as determined by the cabinet secretary from time to time.
Small Enterprises
1.    Refers to a firm, trade or industry, whose annual turnover ranges between Kshs. 500,000 and 5 Million.
2.    Employs between 10 – 50 people
3.    The total assets and financial investment shall be as determined by the cabinet Secretary from time to time.

B.    Legal Business Requirements

1.    Must be a registered company (certificate of registration) from the registrar of companies at the Attorney General’s office.
2.    Obtain a PIN number and VAT certificate from Kenya Revenue Authority (KRA)
3.    Have a local authority business license

C.    Export Requirements (Documentation)

1.    Export Permit: for some products with regulatory requirements e.g. HCDA for horticulture
2.    Phyto Sanitary Certificate: from the Kenya Plant Health Inspectorate Service (KEPHIS)
3.    Quality Assurance Certificate: from Kenya Bureau of Standards (Mark of quality or safety must be put on the product)
4.    Certificate of Origin:
(a)    EAC Simplified Certificate of Origin is a trade facilitation document which is used for clearance of goods that have been grown/produced from the EAC Partner States and whose value is US$2,000 and below). For Kenya’s case, this can be obtained from KRA offices or the Kenya Chamber of Commerce & Industry (KCCI) or border exit points.
(b)    COMESA certificate of origin for goods going to COMESA region
5.    Packaging/shipping List showing details of contents of a particular package and includes details about the quantity, description and weight of the contents.
6.    Commercial Invoice showing; port of entry, Name & Place of buyer and seller, quantities in weight and volume, purchase price of each item in the currency of sale.
7.    Road Consignment Note
8.    Railway consignment note for goods being transported by rail
9.    Airway Bill in case of goods being transported by airways.

D.    Technical Requirements

Authorities in almost all importing countries are very sensitive especially when it comes to packaged manufactured goods or Products. Imported products must adhere to very strict market entry requirements i.e.
    
•    Products for Export must be certified by the Kenya Bureau of Standards (KEBS) and should bear the Diamond Mark of Quality to gain easy acceptance in the market.
•    For food products e.g. maize flour, Products MUST be registered with the Ministry of Health, department of public health in respective importing countries.
•    UPC barcodes (Universal Product Code) for representation of data relating to product to which it is attached e.g. manufacturer, item number etc.
•    Must provide product samples beforehand for safety evaluation and analysis by relevant Bureau of standards of respective importing countries before allowed for commercialization/Trading.
•    Tanzania Authorities require appointment of a local agent to distribute and market ones products.
•    In the case of Tea, one must be licensed by the Tanzania Tea Board before being allowed to export after paying some fee.

E.    Sensitive Products

The EAC trade regime has designated 58 goods as sensitive products and set ad- valorem tariffs ranging from 35% to 100% i.e. 35, 40, 45, 50, 55, 60, 75 and 100. The top rate of 100% applies to most varieties of sugar; high rates also apply to rice (75%); wheat (60%), milk and various milk products (60%) and maize (50%). This measure was intended to protect local production on the assumption that the region had adequate capacity to meet the demand for the selected commodities.

F.    Certificate of Origin

Good are accepted as originating in a partner state if;
a)    They have been wholly produced in the country
b)    They have been produced in a partner state, wholly or partially from materials imported from outside the partner state or undetermined origin by a process of production which effects a substantial transformation of those materials, such that: (i) the CIF value of those materials does not exceed 60% of the total cost of the total cost of the materials used in the production of the goods; (ii) the value added resulting from the process of production accounts for at least 35% of the ex-factory cost of goods as specified in the first schedule of the ROOs; and (iii) the goods are classified or become classifiable under a tariff heading other than the tariff heading under which they were imported in the second schedule of the ROOs
 
 
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