Trading with Kenya
How you import from and export to Kenya.
UK-Kenya Economic Partnership Agreement
The UK has signed an Economic Partnership Agreement (EPA) with the Republic of Kenya, which is in effect.
EPAs are principally development-focused trade agreements that aim to promote increased trade and investment. They contribute to sustainable growth and poverty reduction in developing countries.
This guidance provides information on aspects of trade covered by the EPA. It is for UK businesses trading with Kenya.
What the agreement includes
The UK commits to providing immediate duty-free, quota-free access to goods exported from Kenya.
In exchange, Kenya commits to gradual tariff liberalisation of goods. Some domestically sensitive products in Kenya are excluded from tariff liberalisation.
This EPA includes provisions on:
- trade in goods - including provisions on preferential tariffs and rules of origin
Tariff rates on goods
Tariff rates for bilateral trade in goods between the UK and Kenya apply as set out in the agreement.
You can use online tools UK Integrated Online Tariff and Check How to Export Goods to check product-specific and country-specific information on tariffs and regulations that currently apply to UK trade in goods. These tools are regularly updated to reflect any changes.
Rules of origin
Finding the correct rule of origin for export
Depending on the type of good you are seeking to export, in order to claim preferential treatment it will need to be either wholly obtained or sufficiently processed.
To be considered sufficiently processed your good will need to meet the relevant product specific rule (PSR). The PSRs for this agreement use the 2012 version of the Harmonised System (HS) nomenclature. You should apply the PSR for your good using the code in which it was classified under this nomenclature.
In a limited number of cases the code for your good may have changed during HS revisions. We are currently updating our online services to reflect these changes. In the interim correlation tables tracing these changes have been made available by the World Customs Organization and the United Nations.
Claiming preferential rates for your exports from the UK
Unless you are permitted to provide an origin declaration, you will need to fill in a certificate of origin to claim preferential treatment.
Certificates of origin are available from your usual provider, for example, chambers of commerce.
Using EU materials and processing in your exports to Kenya
You can use EU materials or processing in your exports to Kenya. The UK and Kenya must have fulfilled the necessary requirements set out in the Rules of Origin Protocol. You must also ensure the working or processing you do in the UK goes beyond the minimal operations listed in the agreement and that the other relevant conditions are met.
For example, you cannot simply package or label a product from the EU and export it to Kenya as a good originating in the UK.
See the list of minimal operations in Article 9 of the Rules of Origin Protocol in the UK-Kenya Economic Partnership Agreement text.
The ability to consider materials from, or processing carried out in, another country as originating when incorporated into your product is called cumulation.
Using materials and processing from other countries in your exports to Kenya
It is also possible to use materials from, and processing carried out in, the other countries and territories referenced in Article 5 of the Rules of Origin Protocol. Again, you must ensure that the working or processing you do in the UK goes beyond the minimal operations listed in the agreement and the other relevant conditions are fulfilled.
Sending your goods to Kenya through the EU and other countries
Goods transited through the EU are subject to the same requirements as those in transit through other third countries.
For example, you can split a consignment in the EU, as well as in other third countries, when exporting goods to Kenya, provided the goods comprising the consignment have not been entered into free circulation.
Next steps
Get further guidance on:
- exporting goods from the UK: step by step
- moving goods into, out of, or through Northern Ireland
- rules of origin between the UK and the EU
- using freight forwarders
Businesses can get specialist export help and support from great.gov.uk.
This guidance is for information only. You should consult your legal advisers if you wish to ensure you understand the legal implications of trading for your business.
Contact
If you have queries about trade, contact the Department for Business and Trade (DBT).
Updates to this page
Last updated 1 January 2022 + show all updates
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Added guidance on finding the correct rule of origin for export.
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Updated following a content review.
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First published.