NAIROBI, Kenya, April 11 – Traders will now be required to submit pre-import permit applications to the Anti–Counterfeit Authority (ACA) for processing and approval before importing goods, as the country moves towards curbing counterfeits.
This comes after the ACA partnered with the Kenya Trade Network Agency (KenTrade) in the implementation of the ACA import permit under the Intellectual Property Rights (IPR) Recordation Program.
The two State Agencies have worked together to automate the ACA permit application and approval process through the National Electronic Single Window System (NESWS) in line with the government directive.
ACA permit processing commenced on January 1, 2023 for goods falling under Chapter 85 of EACU, CET (HS Codes).
Upon application for the Import Declaration Form (IDF) for the regulated categories of goods, an importer shall be prompted to obtain the ACA permit on the NESWS.
The importer shall ensure the PIN is opted-in for purposes of applying for the ACA permit.
The importer shall then use the base document (IDF) as the reference document, select document type as ‘permit’ and OGA code as ‘ACA’.
After this, the importer shall declare the IPRs relating to the goods being imported and attach photographic representation of the goods. This process shall attract a fee of USD20(Sh2,677.20) per consignment.
An IPR owner who has recorded his IPR with ACA shall be exempted from the payment of USD20. Other exempted categories of goods include raw materials, industrial inputs, and machinery parts, goods in CKD, bulk goods, donations and secondhand goods.
In this case, the importer shall select the document type as ‘exemption’ and attach supporting documentation. Transit and trans-shipment goods are exempted from the IPR recordation process.
The recordation of IPRs by brand owners is done on the ACA Integrated Management System (AIMS) and attracts USD90(Sh12,047.40) per trademark.
IPRs relating to goods manufactured in Kenya may be recorded at no cost.
The IPR Recordation program aims to prevent counterfeit imports, which endanger the health and safety of consumers and stifle local investment and manufacturing.
An analysis of the counterfeit goods seized by ACA over the years found that over 80 per cent of the IP infringing goods were imported into the country.
Importers stand to benefit from reduced clearance time as a result of the pre-import regulatory processes and reduction of losses arising from enforcement interventions.
The IPR database also enables importers and traders to confirm details of goods before importation to reduce chances of importing infringing goods.
