Non-Tariff Barriers

Complaint

Complaint number

NTB-000-746  

NTB Type

2.3. Issues related to the rules of origin  

Complaint

Customs in Kenya are not accepting the COMESA certificate of origin which has been issued by the Competent Authority in Mauritius based on the "value addition" rule. While all criteria and conditions have been met to comply with the "value addition" rule, officials from the Kenyan Revenue Authority have blocked the consignments of refined sugar which were duly accompanied by a COMESA certificate of origin.  

Status note

On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access.  

Progress update note

On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access.  

Policy or regulatory NTB

No 

Location

Kenya: Mombasa sea port (Seaport)  

Reporting Country or Region

Mauritius  

Country specific trade issue

No  

Date of incident

2017-03-17  

Status

Resolved  

Date of resolution

2019-04-25  

Product Description

Sugar

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

1.00  

Date reported

2017-05-05 11:59  

Modified

2019-05-04 20:33