{"data":[{"id":"kenya","type":"rules_of_origin_scheme","attributes":{"scheme_code":"kenya","title":"Comprehensive Economic Partnership Agreement UK Kenya","countries":["KE"],"footnote":"This agreement is open to accession by other members of East African Community.","unilateral":null,"fta_intro":"### UK-Kenya Economic Partnership Agreement\n\nThe UK has signed an Economic Partnership Agreement (EPA) with the Republic of Kenya, which is in effect.\n\nEPAs 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.\n\nThe UK commits to providing immediate duty-free, quota-free access to goods exported from Kenya.\n\nIn exchange, Kenya commits to gradual tariff liberalisation of goods. Some domestically sensitive products in Kenya are excluded from tariff liberalisation.\n\n### What the agreement covers\n\nThis EPA includes provisions on:\n\n- trade in goods - including provisions on preferential tariffs and rules of origin\n","introductory_notes":"### Note 1:\n\nThe list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 8 of the Protocol.\n\n### Note 2:\n\n1. The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonized System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns a rule is specified in columns 3 or 4 and 5 or 6. Where, in some cases, the entry in the first column is preceded by an \"ex\", this signifies that the rules in columns 3 or 4 and 5 or 6 apply only to the part of that heading as described in column 2.\n\n2. Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in columns 3 or 4 and 5 or 6 apply to all products which, under the Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1.\n\n3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4 and 5 or 6.\n\n4. Where, for an entry in the first two columns, a rule is specified in both columns 3 or 4 and 5 or 6, the exporter may opt, as an alternative, to apply either the rule set out in column 3 or that set out in column 4 or the rule set out in column 5 or that set out in column 6. If no origin rule is given in column 4 or 6, the rule set out in column 3 or 5 has to be applied.\n\n### Note 3:\n\n1. The provisions of Article 8 of the Protocol concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the UK or in the EAC Partner State(s).\n\n    Example:\n\n    An engine of heading No 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 per cent of the ex-works price, is made from \"other alloy steel roughly shaped by forging\" of heading No ex 7224.\n\n    If this forging has been forged in the UK from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading No ex 7224 in the list. The forging can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or in another factory in the UK. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.\n\n2. The rule in the list represents the minimum amount of working or processing required and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status. Therefore, if a rule provides that non-originating material at a certain level of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.\n\n3. Without prejudice to Note 3.2 where a rule states that \"materials of any heading\" may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression \"manufacture from materials of any heading, including other materials of heading No …\" means that only materials classified in the same heading as the product of a different description than that of the product as given in column 2 of the list may be used.\n\n4. When a rule in the list specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used. It does not require that all be used.\n\n    Example:\n\n    The rule for fabrics of heading Nos 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other or both.\n\n5. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.3 below in relation to textiles).\n\n    Example:\n\n    The rule for prepared foods of heading No 1904 which specifically excludes the use of cereals and their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals.\n\n    However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture.\n\n    Example:\n\n    In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth – even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn – that is the fibre stage.\n\n6. Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the highest of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials they apply to.\n\n### Note 4:\n\n1. The term \"natural fibres\" is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres that have been carded, combed or otherwise processed but not spun.\n\n2. The term \"natural fibres\" includes horsehair of heading No 0503, silk of heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of heading Nos 5101 to 5105, the cotton fibres of heading Nos 5201 to 5203 and the other vegetable fibres of heading Nos 5301 to 5305.\n\n3. The terms \"textile pulp\", \"chemical materials\" and \"paper-making materials\" are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.\n\n4. The term \"man-made staple fibres\" is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of heading Nos 5501 to 5507.\n\n### Note 5:\n\n1. Where for a given product in the list a reference is made to this note, the conditions set out in column 3 shall not be applied to any basic textile materials, used in the manufacture of this product, which, taken together, represent 10 per cent or less of the total weight of all the basic textile materials used. (See also Notes 5.3 and 5.4 below).\n\n2. However, the tolerance mentioned in Note 5.1 may only be applied to mixed products which have been made from two or more basic textile materials.\n\n    The following are the basic textile materials:\n\n    - silk,\n    - wool,\n    - coarse animal hair,\n    - fine animal hair,\n    - horsehair,\n    - cotton,\n    - paper-making materials and paper,\n    - flax,\n    - true hemp,\n    - jute and other textile bast fibres,\n    - sisal and other textile fibres of the genus Agave,\n    - coconut, abaca, ramie and other vegetable textile fibres,\n    - synthetic man-made filaments,\n    - artificial man-made filaments,\n    - current conducting filaments,\n    - synthetic man-made staple fibres of polypropylene,\n    - synthetic man-made staple fibres of polyester,\n    - synthetic man-made staple fibres of polyamide,\n    - synthetic man-made staple fibres of polyacrylonitrile,\n    - synthetic man-made staple fibres of polyimide,\n    - synthetic man-made staple fibres of polytetrafluoroethylene,\n    - synthetic man-made staple fibres of polyphenylene sulphide,\n    - synthetic man-made staple fibres of polyvinyl chloride,\n    - other synthetic man-made staple fibres,\n    - artificial man-made staple fibres of viscose,\n    - other artificial man-made staple fibres,\n    - yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped,\n    - yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped,\n    - products of heading No 5605 (metallized yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,\n    - other products of heading No 5605.\n\n    Example:\n\n    A yarn of heading No 5205 made from cotton fibres of heading No 5203 and synthetic staple fibres of heading No 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 per cent of the yarn.\n\n    Example:\n\n    A woollen fabric of heading No 5112 made from woollen yarn of heading No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed fabric. Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used provided their total weight does not exceed 10 per cent of the weight of the fabric.\n\n    Example:\n\n    Tufted textile fabric of heading No 5802 made from cotton yarn of heading No 5205 and cotton fabric of heading No 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.\n\n    Example:\n\n    If the tufted textile fabric concerned had been made from cotton yarn of heading No 5205 and synthetic fabric of heading No 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.\n\n3. In the case of products incorporating \"yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped\" this tolerance is 20 per cent in respect of this yarn.\n\n4. In the case of products incorporating \"strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two layers of plastic film\", this tolerance is 30 per cent in respect of this strip.\n\n### Note 6:\n\n1. In the case of those textile products, which are marked in the list by a footnote referring to this Introductory Note, textile trimmings and accessories which do not satisfy the rule set out in the list in column 3 for the made up products concerned may be used provided that their weight does not exceed 10% of the total weight of all the textile materials incorporated.\n\n    Textile trimmings and accessories are those classified in Chapters 50 to 63. Linings and interlinings are not be regarded as trimmings or accessories.\n\n2. Any non-textile trimmings and accessories or other materials used which contain textiles do not have to satisfy the conditions set out in column 3 even though they fall outside the scope of Note 3.5.\n\n3. In accordance with Note 3.5, any non-originating non-textile trimmings and accessories or other product, which do not contain any textiles, may, anyway, be used freely where they cannot be made from the materials listed in column 3.\n\n    For example, if a rule in the list says that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.\n\n4. Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the non-originating materials incorporated.\n\n### Note 7:\n\n1. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the \"specific processes\" are the following:\n    1. vacuum distillation;\n    2. redistillation by a very thorough fractionation process²;\n    3. cracking;\n    4. reforming;\n    5. extraction by means of selective solvents;\n    6. the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;\n    7. polymerisation;\n    8. alkylation;\n    9. isomerisation.\n\n2. For the purposes of heading Nos 2710, 2711 and 2712, the \"specific processes\" are the following:\n    1. vacuum distillation;\n    2. redistillation by a very thorough fractionation process²;\n    3. cracking;\n    4. reforming;\n    5. extraction by means of selective solvents;\n    6. the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;\n    7. polymerisation;\n    8. alkylation;\n    9.isomerisation;\n    10. in respect of heavy oils falling within heading No ex 2710 only, desulphurisation with hydrogen resulting in a reduction of at least 85 per cent of the sulphur content of the products processed (ASTM D 1266-59 T method);\n    11. in respect of products falling within heading No 2710 only, deparaffining by a process other than filtering;\n    12. in respect of heavy oils falling within heading No ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250°C with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading No ex 2710 (e.g. hydrofinishing or decolourisation) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;\n    13. in respect of fuel oils falling within heading No ex 2710 only, atmospheric distillation, on condition that less than 30 per cent of these products distils, by volume, including losses, at 300°C by the ASTM D 86 method;\n    14. in respect of heavy oils other than gas oils and fuel oils falling within heading No ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.\n    15. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or like operations do not confer origin.\n\n4. Redistillation by a very thorough fractionation process means distillation (other than topping) by a continuous or batch process employed in industrial installations using distillates of subheadings 2710 12 11 to 2710 19 48, 2711 11 00, 2711 12 91 to 2711 19 00 , 2711 21 00 and 2711 29 00 (other than propane of a purity of 99% or more) to obtain:\n\n    1. isolated high-purity hydrocarbons (90% or more in the case of olefins, and 95% or more in the case of other hydrocarbons), mixtures of isomers having the same organic composition being regarded as isolated hydrocarbons.\n\n        Only those processes by means of which at least three different products are obtained are admissible, but this restriction does not apply in any instance where the process consists in the separation of isomers. In so far as this concerns xylenes, ethylbenzene is included with xylene isomers;\n\n    2. products of subheadings 2707 10 00 to 2707 30 00, 2707 50 00 and 2710 12 11 to 2710 19 48:\n\n        - with no overlapping of the final boiling point of one fraction and the initial boiling point of the succeeding fraction and a difference of not more than 60 °C between the temperatures at which 5 and 90% by volume (including losses) distil by the EN ISO 3405 method (equivalent to the ASTM D 86 method);\n\n        - with an overlapping of the final boiling point of one fraction and the initial boiling point of the succeeding fraction and a difference of not more than 30 °C between the temperatures at which 5 and 90% by volume (including losses) distil by the EN ISO 3405 method (equivalent to the ASTM D 86 method).\n\n### Note 8 - General Provisions concerning certain agricultural goods\n\n1. All agricultural goods falling within Chapters 6, 7, 8, 9, 10, 12 and heading 2401 which are grown or harvested in the territory of the beneficiary country shall be treated as originating in the territory of that country, even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants imported from another country.\n\n2. In cases where the content of non-originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g., fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for calculation of such limitations.\n","cumulation_methods":{"bilateral":["GB","KE"],"extended":["EU","AD","SM","CD","BI","KE","RW","SS","UG","TZ","BJ","BF","CV","GM","GH","GN","GW","CI","LR","ML","MR","NE","NG","SN","SL","TG","CM","CF","TD","CD","CG","GQ","GA","ST","BI","KE","RW","SS","TZ","UG","KM","DJ","ER","ET","MG","MW","MU","SC","SO","SD","ZM","ZW","AO","BW","SZ","LS","MZ","NA","ZA","AG","BS","BB","BZ","CU","DM","DO","GD","GY","HT","JM","KN","LC","VC","SR","TT","FJ","CK","KI","MH","FM","NR","NU","PW","PG","WS","SB","TL","TO","TV","VU","GL","NC","PF","TF","WF","BL","PM","AW","CW","SX","AI","BM","KY","FK","GS","MS","PN","SH","ZU","IO","TC","VG"]},"proof_intro":null,"proof_codes":{},"show_proofs_for_geographical_areas":[]},"relationships":{"rules":{"data":[]},"links":{"data":[{"id":"e81d38c0778b43cec7e1e638a81f8ec8","type":"rules_of_origin_link"},{"id":"09a94ae709f5e29e77dada0cc03b6ec5","type":"rules_of_origin_link"}]},"proofs":{"data":[{"id":"240ff787151c6e32dedeac105bb76323","type":"rules_of_origin_proof"},{"id":"5b0edf090756f9dd428de8c553dca3c3","type":"rules_of_origin_proof"}]},"articles":{"data":[{"id":"kenya/sufficiently-worked","type":"rules_of_origin_article"},{"id":"kenya/non-alteration","type":"rules_of_origin_article"},{"id":"kenya/originating_export","type":"rules_of_origin_article"},{"id":"kenya/insufficient-processing","type":"rules_of_origin_article"},{"id":"kenya/origin_processes","type":"rules_of_origin_article"},{"id":"kenya/wholly-obtained-verbatim","type":"rules_of_origin_article"},{"id":"kenya/cumulation-import","type":"rules_of_origin_article"},{"id":"kenya/originating_import","type":"rules_of_origin_article"},{"id":"kenya/verification","type":"rules_of_origin_article"},{"id":"kenya/packaging","type":"rules_of_origin_article"},{"id":"kenya/neutral-elements","type":"rules_of_origin_article"},{"id":"kenya/wholly-obtained-vessels","type":"rules_of_origin_article"},{"id":"kenya/sets","type":"rules_of_origin_article"},{"id":"kenya/accessories","type":"rules_of_origin_article"},{"id":"kenya/tolerances","type":"rules_of_origin_article"},{"id":"kenya/wholly-obtained","type":"rules_of_origin_article"},{"id":"kenya/cumulation-export","type":"rules_of_origin_article"}]},"rule_sets":{"data":[{"id":"eb38013cc31988a600be25c5d082a067","type":"rules_of_origin_rule_set"}]},"origin_reference_document":{"data":{"id":"e4ef102493534c4378da34fdad4a8275","type":"rules_of_origin_origin_reference_document"}}}}],"included":[{"id":"e81d38c0778b43cec7e1e638a81f8ec8","type":"rules_of_origin_link","attributes":{"text":"UK-Kenya Economic Partnership Agreement","url":"https://www.gov.uk/government/collections/uk-kenya-economic-partnership-agreement","source":"scheme"}},{"id":"09a94ae709f5e29e77dada0cc03b6ec5","type":"rules_of_origin_link","attributes":{"text":"Trading with Kenya","url":"https://www.gov.uk/guidance/summary-of-the-uk-kenya-economic-partnership-agreement","source":"scheme"}},{"id":"240ff787151c6e32dedeac105bb76323","type":"rules_of_origin_proof","attributes":{"summary":"EUR.1 movement certificate","subtext":"","url":null,"content":"Use form EUR.1 to claim preferential duty rates on goods exported to or imported from countries that have a preferential trading agreement with the European Community.\n\n- [Download a copy of the EUR.1 movement certificate](https://www.gov.uk/government/publications/eur1-and-eur-med-movement-certificate)\n- [How to complete the EUR.1 movement certificate](https://www.gov.uk/government/publications/eur1-and-eur-med-movement-certificate/how-to-complete-the-movement-certificate)\n"}},{"id":"5b0edf090756f9dd428de8c553dca3c3","type":"rules_of_origin_proof","attributes":{"summary":"Origin declaration","subtext":"","url":"https://www.gov.uk/guidance/get-proof-of-origin-for-your-goods#origin-declaration","content":"An origin declaration describes the products concerned in sufficient detail to enable them to be identified. It may be given by the exporter on an invoice, a delivery note or any other commercial document .\n\nThe text of the origin declaration appears in Annex IV of the [Origin Reference Document]({ord_url}).\n\nAn origin declaration may be made out:\n\n- by an approved exporter, _or_\n\n- by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed £5,400 / 6,000 euros.\n"}},{"id":"kenya/sufficiently-worked","type":"rules_of_origin_article","attributes":{"article":"sufficiently-worked","content":"### Sufficiently worked or processed products\n\n1. For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed, when the conditions set out in Annex II are fulfilled.\n\n2. The conditions referred to in paragraph 1 above indicate, for all products covered by the United Kingdom-EAC Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in Annex II is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.\n\n3. Notwithstanding paragraphs 1 and 2, non-originating materials which, according to the conditions set out in Annex II should not be used in the manufacture of a given product may nevertheless be used, provided that their total value or net weight assessed for the product does not exceed:\n\n   1. 15 % of the weight of the product for products falling within Chapters 2 and 4 to 24 of HS 2012, other than processed fishery products of Chapter 16;\n\n   2. 15 % of the ex-works price of the product for other products, except for products falling within Chapters 50 to 63 of HS 2012, for which the tolerances mentioned in Notes 6 and 7 of Part I of Annex II, shall apply.\n\n4. Paragraph 3 shall not allow exceeding any of the percentages for the maximum content of non- originating materials as specified in the rules laid down in the list in Annex II.\n\n5. Paragraphs 3 and 4 shall not apply to products wholly obtained within the meaning of Article 7. However, without prejudice to Article 9 and 10(1), the tolerance provided for in those paragraphs shall nevertheless apply to the sum of all the materials which are used in the manufacture of a product and for which the rule laid down in the list in Annex II for that product requires that such materials be wholly obtained.\n\n{{ Article 8 }}\n"}},{"id":"kenya/non-alteration","type":"rules_of_origin_article","attributes":{"article":"non-alteration","content":"1. The products declared for home use in a Party shall be the same products as exported from the other Party in which they are considered to originate. They shall not have been altered, transformed in any way or subjected to operations other than to preserve them in good condition or other than adding or affixing marks, labels, seals or any documentation to ensure compliance with specific domestic requirements of the importing Party, prior to being declared for home use.\n\n2. Storage of products or consignments may take place provided they remain under customs supervision in the country(ies) of transit.\n\n3. Without prejudice to the provisions of Title IV, the splitting of consignments may take place where carried out by the exporter or under his responsibility, provided they remain under customs supervision in the country(ies) of splitting.\n\n4. Compliance with paragraphs 1 to 3 shall be considered as satisfied unless the customs authorities have reason to believe the contrary. In such cases, the customs authorities may request the declarant to provide evidence of compliance, which may be given by any means, including contractual transport documents such as bills of lading or factual or concrete evidence based on marking or numbering of packages or any evidence related to the goods themselves.\n\n{{ Article 15 }}\n"}},{"id":"kenya/originating_export","type":"rules_of_origin_article","attributes":{"article":"originating_export","content":"For the purpose of the United Kingdom-EAC Agreement, the following products shall be considered as originating in the UK:\n\n- products **wholly obtained** in the UK;\n\n- products obtained in the UK incorporating materials which have not been wholly obtained there, provided that such materials have undergone **sufficient working or processing**.\n"}},{"id":"kenya/insufficient-processing","type":"rules_of_origin_article","attributes":{"article":"insufficient-processing","content":"The following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 8 are satisfied:\n\n1. preserving operations to ensure that the products remain in good condition during transport and storage;\n\n2. breaking-up and assembly of packages;\n\n3. washing, cleaning; removal of dust, oxide, oil, paint or other coverings;\n\n4. ironing or pressing of textiles;\n\n5. simple painting and polishing operations;\n\n6. husking, partial or total milling of rice, polishing, and glazing of cereals and rice;\n\n7. operations to colour and flavour sugar or form sugar lumps; partial or total milling of crystal sugar;\n\n8. peeling, stoning and shelling, of fruits, nuts and vegetables;\n\n9. sharpening, simple grinding or simple cutting;\n\n10. sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);\n\n11. simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;\n\n12. affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;\n\n13. simple mixing of products, whether or not of different kinds; mixing of sugar with any material;\n\n14. simple addition of water or dilution or dehydration or denaturation of products;\n\n15. simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;\n\n16. a combination of two or more operations specified in (a) to (n);\n\n17. slaughter of animals.\n\nAll operations carried out either in the UK or in the EAC Partner States on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient.\n\n{{ Article 9 }}\n"}},{"id":"kenya/origin_processes","type":"rules_of_origin_article","attributes":{"article":"origin_processes","content":"## Article 17 - General requirements\n\n1. Products originating in an EAC Partner State, on importation into the UK and products originating in the UK, on importation into an EAC Partner State shall benefit from the provisions of the United Kingdom-EAC Agreement upon submission of either:\n\n  1. a movement certificate EUR 1, a specimen of which appears in Annex III; or\n\n  2. in the cases specified in Article 22 (1), a declaration, subsequently referred to as the \"origin declaration\", given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified. The text of the origin declaration appears in Annex IV.\n\n2. Upon notification in the Committee from the UK to the EAC Partner States, products originating in the UK shall on importation into an EAC Partner State benefit from, preferential tariff treatment of the United Kingdom-EAC Agreement upon submission of an origin declaration made out as provided for in Article 22 by an exporter registered in accordance with the relevant legislation of the UK. Such notification may stipulate that paragraph 2, (a) and (b) shall cease to apply to the UK.\n\n3. Notwithstanding paragraph 1, originating products within the meaning of this Origin Reference Document shall, in the cases specified in Article 27, benefit from the United Kingdom-EAC Agreement without it being necessary to submit any of the documents referred to above.\n\n4. For the purpose of applying the provisions of this Title, the exporters shall endeavour to use a language common to both the EAC Partner States and the UK.\n\n\n\n## Article 18 - Procedure for the issue of a movement certificate EUR 1\n\n1. A movement certificate EUR 1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.\n\n2. For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR 1 and the application form, specimens of which appear in Annex III. These forms shall be completed in accordance with the provisions of this Origin Reference Document. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.\n\n3. The exporter applying for the issue of a movement certificate EUR 1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR 1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Origin Reference Document.\n\n4. A movement certificate EUR 1 shall be issued by the customs authorities of the UK or of an EAC Partner State if the products concerned can be considered as products originating in the UK or in an EAC Partner State or in one of the other countries or territories referred to in Articles 4 and 5 and fulfil the other requirements of this Origin Reference Document.\n\n5. The issuing customs authorities shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Origin Reference Document. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. The issuing customs authorities shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.\n\n6. The date of issue of the movement certificate EUR 1 shall be indicated in Box 11 of the certificate.\n\n7. A movement certificate EUR 1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.\n\n\n\n## Article 19 - Movement certificates EUR 1 issued retrospectively\n\n1. Notwithstanding Article 18(7), a movement certificate EUR 1 may exceptionally be issued after exportation of the products to which it relates if:\n\n   1. it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or\n\n   2. it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR 1 was issued but was not accepted at importation for technical reasons.\n\n2. For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR 1 relates, and state the reasons for his request.\n\n3. The customs authorities may issue a movement certificate EUR 1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.\n\n4. Movement certificates EUR 1 issued retrospectively must be endorsed with the following phrase in English:\n\n    \"ISSUED RETROSPECTIVELY\"\n\n5. The endorsement referred to in paragraph 4 shall be inserted in the \"Remarks\" box of the movement certificate EUR 1.\n\n\n\n## Article 20 - Issue of a duplicate movement certificate EUR 1\n\n1. In the event of theft, loss or destruction of a movement certificate EUR 1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.\n\n2. The duplicate issued in this way must be endorsed with the following word in English: \"DUPLICATE\"\n\n3. The endorsement referred to in paragraph 2 shall be inserted in the \"Remarks\" box of the duplicate movement certificate EUR 1.\n\n4. The duplicate, which must bear the date of issue of the original movement certificate EUR 1, shall take effect as from that date.\n\n\n\n## Article 21 - Issue of movement certificates EUR 1 on the basis of a proof of origin issued or made out previously\n\nWhen originating products are placed under the control of a customs office in an EAC Partner State or in the UK, it shall be possible to replace the original proof of origin by one or more movement certificates EUR 1 for the purpose of sending all or some of these products elsewhere within the EAC Partner States or within the UK. The replacement movement certificate(s) EUR 1 shall be issued by the customs office under whose control the products are placed and endorsed by the customs authority under whose control the products are placed.\n\n\n\n## Article 22 - Conditions for making out an origin declaration\n\n1. An origin declaration as referred to in Article 17(1)(b) may be made out:\n\n   1. by an approved exporter within the meaning of Article 23, or\n\n   2. by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6 000.\n\n2. An origin declaration may be made out if the products concerned can be considered as products originating in an EAC Partner State or in the UK or in one of the other countries or territories referred to in Articles 4 and 5 and fulfil the other requirements of this Origin Reference Document.\n\n3. The exporter making out an origin declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Origin Reference Document.\n\n4. An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex IV to this Origin Reference Document, and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.\n\n5. Origin declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 23 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any origin declaration which identifies him as if it had been signed in manuscript by him.\n\n6. An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.\n\n\n\n## Article 23 - Approved exporter\n\n1. The customs authorities of the exporting country may authorise any exporter who makes frequent shipments of products under the trade cooperation provisions of the United Kingdom-EAC Agreement to make out origin declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Origin Reference Document.\n\n2. The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.\n\n3. The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the origin declaration.\n\n4. The customs authorities shall monitor the use of the authorisation by the approved exporter.\n\n5. The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, does not fulfil the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorization.\n\n\n\n## Article 24 - Validity of proof of origin\n\n1. A proof of origin shall be valid for ten (10) months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country.\n\n2. Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.\n\n3. In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.\n\n\n\n## Article 25 - Submission of proof of origin\n\nProofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the United Kingdom-EAC Agreement.\n\n\n\n## Article 26 - Importation by instalments\n\nWhere, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of Part Two, Section 1, of the Tariff of the United Kingdom falling within Sections XVI and XVII or heading 7308 and 9406 of HS 2012 are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.\n\n\n\n## Article 27 - Exemptions from proof of origin\n\n1. Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Origin Reference Document and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on customs declaration CN22/CN23 or on a sheet of paper annexed to that document.\n\n2. Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.\n\n3. Furthermore, the total value of these products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of travellers' personal luggage.\n\n\n\n## Article 28 - Information procedure for cumulation purposes\n\n1. When Articles 4(1) and 5(1) are applied, the evidence of originating status within the meaning of this Origin Reference Document of the materials coming from an EAC Partner State, from the UK, from the EU, from another ACP State or from an OCT shall be given by a movement certificate EUR 1 or by the supplier's declaration, a specimen of which appears in Annex Va to this Origin Reference Document, given by the exporter in the State, OCT, EU or in the UK from which the materials came.\n\n2. When Articles 4(2) and 5(2) are applied, the evidence of the working or processing carried out in an EAC Partner State, in the UK, in the EU, in another ACP State or in an OCT shall be given by the supplier's declaration a specimen of which appears in Annex Vb to this Origin Reference Document, given by the exporter in the State, OCT, EU or in the UK from which the materials came.\n\n3. When Article 6(1) is applied, the documentary proofs of origin applicable shall be determined in accordance with the rules which apply to GSP countries, which are provided for in UK legislation.\n\n4. When Article 6(2) is applied, the documentary proofs of origin applicable shall be determined in accordance with the rules laid down in the relevant arrangements or agreements.\n\n5. A separate supplier's declaration shall be made up by the supplier for each consignment of goods on the commercial invoice related to that shipment or in an annex to that invoice, or on a delivery note or other commercial document related to that shipment which describes the materials concerned in sufficient detail to enable them to be identified.\n\n6. Notwithstanding the provisions of paragraph 5 and when Article 4 is applied, when an EAC supplier regularly supplies a particular EAC Partner States customer with goods whose status in respect of the rules of preferential origin is expected to remain constant for considerable periods of time, he may provide a singe declaration to cover subsequent shipments of those goods, hereinafter referred to as “a Long Term Supplier’s Declaration”. A Long Term Supplier’s Declaration may be issued for a period of up to one (1) year from the date of issue of the Declaration. The supplier shall inform the buyer immediately when the long-term supplier’s declaration is no longer valid in relation to the goods supplied.\n\n7. When paragraph 6 is applied the evidence of originating status within the meaning of this Origin Reference Document of the materials coming from an EAC Partner State shall be given by the long term supplier’s declaration, a specimen of which appears in Annex Vc. The evidence of the working or processing carried in an EAC Partner State shall be given by the long term supplier’s declaration, a specimen of which appears in Annex Vd.\n\n8. The supplier's declaration or the Long Term Supplier’s Declaration as referred to in paragraph 6 may be made out on a pre-printed form.\n\n9. The suppliers' declarations or the Long Term Supplier’s Declaration as referred to in paragraph 6 shall bear the original signature of the supplier in manuscript. However, where the origin and the supplier's declaration are established using electronic data-processing methods, the supplier's declaration need not be signed in manuscript provided the responsible official in the supplying company is identified to the satisfaction of the customs authorities in the State where the suppliers' declarations are established. The said customs authorities may lay down conditions for the implementation of this paragraph.\n\n10. The supplier's declarations or the Long Term Supplier’s Declaration as referred to in paragraph 6 shall be submitted to the customs authorities in the exporting country requested to issue the movement certificate EUR 1.\n\n11. The supplier or long term supplier making out a declaration must be prepared to submit at any time, at the request of the customs authorities of the country where the declaration is made out, all appropriate documents proving that the information given on this declaration is correct.\n\n\n\n## Article 29 - Supporting documents\n\nThe documents referred to in Articles 18(3) and 22(3) used for the purpose of proving that products covered by a movement certificate EUR 1 or an origin declaration can be considered as products originating in an EAC Partner State, in the UK or in one of the other countries or territories referred to in Articles 4, 5 and 6(2) and fulfil the other requirements of this Origin Reference Document may consist inter alia of the following:\n\n- direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping;\n\n- documents proving the originating status of materials used, issued or made out in an EAC Partner State, in the UK or in one of the other countries or territories referred to in Articles 4, 5 and 6(2) where these documents are used in accordance with national law;\n\n- documents proving the working or processing of materials in an EAC Partner State, in the UK or in one of the other countries or territories referred to in Articles 4 and 5, issued or made out in an EAC Partner State, in the UK or in one of the other countries or territories referred to in Articles 4 and 5 where these documents are used in accordance with national law;\n\n- movement certificates EUR 1 or origin declarations proving the originating status of materials used, issued or made out in an EAC Partner State, in the UK or in one of the other countries or territories referred to in Articles 4, 5 and 6(2) and in accordance with this Origin Reference Document.\n\n\n\n## Article 30 - Preservation of proof of origin and supporting documents\n\n1. The exporter applying for the issue of a movement certificate EUR 1 shall keep the documents referred to in Article 18(3), for five (5) years in EAC Partner States and at least three (3) years in the UK.\n\n2. The exporter making out an origin declaration shall keep for at least three (3) years a copy of this origin declaration as well as the documents referred to in Article 22(3).\n\n3. The supplier making out a supplier's declaration shall keep copies of the declaration and of the invoice, delivery notes or other commercial document to which this declaration is annexed as well as the documents referred to in Article 29 for five (5) years in EAC Partners States and at least three (3) years in the UK.\n\n4. The customs authorities of the exporting country issuing a movement certificate EUR 1 shall keep the application form referred to in Article 18(2) for five (5) years in EAC Partner States and at least three (3) years in the UK.\n\n5. The customs authorities of the importing country shall keep the movement certificates EUR 1 and the origin declarations submitted to them for five (5) years in EAC Partner States and at least three (3) years in the UK.\n\n\n\n## Article 31 - Discrepancies and formal errors\n\n1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.\n\n2. Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.\n\n\n\n## Article 32 - Amounts expressed in euro for goods referred to in articles 22(1)(b) and article 27(3)\n\n1. For the application of the provisions of article 22(1)(b) and article 27(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of an EAC Partner State, of the UK and of the other countries or territories referred to in Articles 3, 4, 5 and 6 equivalent to the amounts expressed in euro shall be exchange rates fixed annually according to paragraphs 2 to 4. The fixed exchange rate shall not be applicable for tax purposes.\n\n2. A consignment shall benefit from the provisions of Article 22(1)(b) or Article 27(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.\n\n3. The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October. The amounts shall be communicated to the UK by 15 October and shall apply from 1 January the following year. The Parties shall notify each other of the relevant amounts.\n\n4. A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 per cent. A country may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 per cent in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value.\n\n5. The amounts expressed in euro shall be reviewed by the Committee at the request of the UK or of the EAC Partner States. When carrying out this review, the Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.\n\n\n\n{{ Articles 17 to 32 }}\n"}},{"id":"kenya/wholly-obtained-verbatim","type":"rules_of_origin_article","attributes":{"article":"wholly-obtained-verbatim","content":"\n1. The following shall be considered as wholly obtained in an EAC Partner State or in the UK:\n\n   1. mineral products extracted from their soil or from their seabed;\n\n   2. plants and vegetable products grown, harvested or gathered there;\n\n   3. live animals born and raised there;\n\n   4. products from live animals raised there;\n\n   5. products from slaughtered animals born and raised there;\n\n   6.\n      1. products obtained by hunting or fishing conducted there;\n\n      2. products of aquaculture, including mariculture, where the fish are born and raised there;\n\n   7. products of sea fishing and other products taken from the sea outside any territorial sea of the EAC partners states or of the UK by their vessels\n\n   8. products made aboard their factory ships exclusively from products referred to in (f);\n\n   9. used articles collected there provided that such goods are fit only for the recovery of raw materials;\n\n   10. waste and scrap resulting from manufacturing operations conducted there;\n\n   11. products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;\n\n   12. goods produced there exclusively from the products specified in (a) to (j).\n\n2. The terms \"their vessels\" and \"their factory ships\" in paragraph 1(g) and (h) shall apply only to vessels and factory ships:\n\n   1. which are registered in the UK, in an EAC Partner State or in a UK OCT;\n\n   2. which sail under the flag of the UK, of an EAC Partner State or of a UK OCT;\n\n   3. which meet one of the following conditions:\n\n      1. they are at least 50 percent owned by nationals of the UK, of an EU Member State, of an EAC Partner State or of an OCT; or\n\n      2. they are owned by companies\n\n         - which have their office and their main place of business in the UK, in an EU Member State, in an EAC Partner State or in an OCT; and\n\n         - which are at least 50 percent owned by the UK, by an EU Member State, by an EAC Partner State or by an OCT, public entities or nationals of that State.\n\n3. Notwithstanding the provisions of paragraph 2, the UK shall recognise, upon request of an EAC Partner State, that vessels chartered or leased by the EAC Partner State be treated as \"their vessels\" to undertake fisheries activities under the following conditions:\n\n   1. they operate under the flag of the EAC Partner State; and\n\n   2. the EAC Partner State offered the UK the opportunity to negotiate a fishery agreement and the UK did not accept this offer; and\n\n   3. at least 50% of crew, master and officers included are nationals of States party to the United Kingdom-EAC Agreement, or of the EU, or of an OCT; and\n\n   4. the fish is landed and processed in the EAC Partner State; and\n\n   5. the activities undertaken under this paragraph target a surplus identified by means of scientific advice made available in the context of the IOTC by relevant international, regional or national authorities; and\n\n   6. the charter or lease contract has been accepted by the Committee as providing adequate opportunities for developing the capacity of the EAC Partner State to fish in its own account and in particular as conferring on the EAC Partner State the responsibility for the nautical and commercial management of the vessel placed at its disposal for a significant period of time.\n\n4. The conditions of paragraph 2 may each be fulfilled in the UK, in different EAC Partner States, in the EU, in the OCTs or ACP States belonging to other preferential trade agreements insofar as the countries involved benefit from cumulation in accordance with Articles 4 and 5. In this case, the products shall be deemed to have the origin of the country under which flag the vessel or factory ship sails in accordance with paragraph 2(b).\nThese conditions shall only apply with regard to the EU, the OCTs and ACP States belonging to other preferential trade agreements provided that the provisions of Article 4(3) have been fulfilled.\n\n{{ Article 7 }}\n"}},{"id":"kenya/cumulation-import","type":"rules_of_origin_article","attributes":{"article":"cumulation-import","content":"### Cumulation in the EAC Partner States\n\n1. Without prejudice to the provisions of Article 2(2), products shall be considered as originating in an EAC Partner State if they are produced there, incorporating materials originating in the UK or in the EU, materials originating in another ACP State which are entitled to duty free quota free treatment upon importation in the UK, materials originating in the OCTs or in the other EAC Partner States, provided the working or processing carried out in that EAC Partner State goes beyond the operations referred to in Article 9(1). It shall not be necessary for such materials to have undergone sufficient working or processing.\n\n2. Where the working or processing carried out in the EAC Partner States does not go beyond the operations referred to in Article 9(1), the product obtained shall be considered as originating in that EAC Partner States only where the value added there is greater than the value of the materials used originating in any of the other countries or territories. If this is not so, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of originating materials used in the manufacture of the final product.\n\n    The origin of the materials originating in other ACP States and in the UK OCTs shall be determined according to the rules of origin applicable in the framework of the UK's preferential arrangements with these countries and territories and in accordance with Article 28.\n\n    The origin of materials originating in the EU and in the EU OCTs shall be determined in accordance with the rules of origin of the United Kingdom-EAC Agreement.\n\n3. For materials as defined in paragraph 1 and notwithstanding Article 2(2)(b), working or processing carried out in the UK, in the EU, in the other EAC Partner States, in the other ACP States or in the OCTs shall be considered as having been carried out in an EAC Partner State when the products produced undergo subsequent working or processing in this EAC Partner State.\n\n    Where the working or processing carried out in an EAC State does not go beyond the operations referred to in Article 9(1), the product obtained shall be considered as originating in that EAC State only where the value added there is greater than the value of the materials used in any one of the other countries or territories. If this is not so, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of materials used in the manufacture.\n\n    The origin of the final product shall be determined according to the rules of origin of this Origin Reference Document and in accordance with Article 28.\n\n4. The UK shall notify to the Special Committee on Customs and Trade Facilitation established by Article 29 of the United Kingdom-EAC Agreement the list of materials for which cumulation provided for in paragraphs 1 and 3 shall not apply. After the notification, each Party shall make the list public, according to its internal procedures.\n\n5. For the purpose of implementing cumulation between the EAC Partner States, the EU, other ACP States with which the UK applies a preferential trade agreement and the OCTs, as provided for in the other trade agreements and in the UK’s preferential arrangements with these countries and territories, the UK and the EAC Partner States supplying the materials shall provide administrative cooperation to the other countries or territories referred to in this Article according to the terms set out in Title V of this Origin Reference Document.\n\n6. The cumulation provided for in this Article in respect of the EU and the EU OCTs may only be applied provided that:\n\n   1. all the countries and territories involved in the acquisition of the originating status and the country of destination have concluded an arrangement or agreement on administrative co-operation which ensures a correct implementation of this Article; and\n\n   2. such arrangement or agreement has been notified to the UK by the Secretariat of the EAC EPA states or another competent body representing the relevant countries or territories.\n\n7. Except as provided for in paragraph 6, the cumulation provided in this Article may only be applied provided that all the countries and territories involved in the acquisition of the originating status have entered into an undertaking with each other, using the template in Annex X of the United Kingdom-EAC Agreement, which ensures the correct implementation of this Article and includes a reference to the use of appropriate proofs of origin:\n\n   1. to comply and ensure compliance with this Article.\n\n   2. to provide the administrative cooperation necessary to ensure the correct implementation of this Article and its provisions on cumulation both with regard to the UK and between themselves\n\n   3. the undertakings have been notified to the UK by the Secretariat of the EAC EPA states or another competent body representing the countries or territories signatory of the undertaking.\n\n8. The cumulation provided for in this Article may only be applied for the products listed in Annex IX when the materials used in the manufacture of such products are originating, or the working or processing is carried out in another ACP State.\n\n9. The cumulation provided for in this Article shall not apply to materials:\n\n   1.  of HS 2012 Headings 1604 and 1605 originating in the Pacific States that have concluded an EPA by use of Article 6.6 of Protocol II to the Interim Economic Partnership Agreement between the UK, of the one part, and the Pacific States, of the other part;\n\n   2.  of HS 2012 Headings 1604 and 1605 originating in the Pacific States that have concluded an EPA by use of any future provision of a comprehensive Economic Partnership Agreement between the UK and Pacific States.\n\n\n### Cumulation with other countries benefiting from duty-free quota-free access to the UK market\n\n1.1 Without prejudice to the provisions of Article 2(2) of this Origin Reference Document, materials shall be considered as materials originating in an EAC Partner State when incorporated into a product obtained there, provided:\n\n(a) they have undergone working or processing going beyond that referred to in Article 9(1) of this Origin Reference Document; and\n\n(b) they meet the requirements of paragraph 1.2\n\n1.2 Subject to paragraph 1.3, the requirements to be satisfied for the purposes of paragraph 1.1(b) are as follows:\n\n(a) the materials originate in countries or territories that benefit from duty free, quota free, import duty arrangements granted by the UK;\n\n(b) those import duty arrangements are granted under a UK generalised scheme of preferences for developing countries that is notified to the Committee (“the GSP”);\n\n(c) those import duty arrangements are not granted pursuant to an enhanced arrangement  under the GSP; and\n\n(d) the materials originate in countries or territories that:\n\n(i) benefitted from the “Special arrangement for least development countries” of the EU’s generalised system of preferences;\n\n(ii) benefitted from duty-free quota-free access to the EU market under the general provisions of the EU’s generalised system of preferences, on the date such arrangement and system ceased to be applicable to the UK.\n\n1.3 The requirements in sub-paragraphs 1.2 (c) or (d) may be modified, from such date as UK may notify in writing to the Committee, as follows:\n\n(a) the UK may specify materials to which sub-paragraph 1.2(c) does not apply, or may dis-apply that sub-paragraph in whole or in part;\n\n(b) the UK may specify products as exceptions to sub-paragraph 1.2(d).\n\n1.4 The origin of the materials of the countries or territories concerned shall be determined according to the rules of origin applicable in the framework of the UK's preferential arrangements with those countries and territories and in accordance with Article 28.\n\n1.5 The cumulation provided for in this paragraph shall not apply to:\n\n(a) materials which at importation to the UK are subject to antidumping or countervailing duties when originating from the country which is subject to these antidumping or countervailing duties ;\n\n(b) materials classified in tariff subheadings of the Goods Classification Table which include also other tariff lines at 8 digits which are not free of customs duties by means of application of the arrangements of paragraph 1;\n\n(c) tuna products classified under Chapter 3 for which the duties are suspended in accordance with general arrangements of the Generalized System of Preferences of the UK;\n\n(d) products for which the tariff preferences are removed as a result of graduation, a temporary withdrawal or of safeguard clauses in accordance with general arrangements of the Generalized System of Preferences of the UK.\n\n2 At the request of an EAC Partner State, without prejudice to the provisions of Article 2 and provided that the conditions of Paragraphs 2.1, 2.2 and 5 are met, materials originating in countries and territories which benefit from agreements or arrangements that provide for duty-free quota-free access to the market of the UK shall be considered as materials originating in an EAC Partner State. The request shall be submitted by the EAC Partner State to the UK which shall grant the request in accordance with its internal procedures. The cumulation will remain in place as long as the aforementioned conditions are fulfilled.\n\nIt shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 9(1).\n\n2.1 The origin of the materials of the countries or territories concerned shall be determined according to the rules of origin applicable in the framework of the UK's preferential agreements or arrangements with those countries and territories and in accordance with Article 28.\n\n2.2 The cumulation provided for in this paragraph shall not apply to materials:\n\n(a) falling within Goods Classification Table Chapters 1 to 24 and the products listed in the Annex 1 - paragraph 1.(ii) of the Agreement on Agriculture belonging to the GATT Agreement of 1994;\n\n(b) which at importation to the UK are subject to antidumping or countervailing duties when originating from the country which is subject to these antidumping or countervailing duties ;\n\n(c) classified in tariff subheadings of the Goods Classification Table which include also other tariff lines at 8 digits which are not free of customs duties by means of application of agreements or arrangements referred to in paragraph 2;\n\n(d) which under any concluded free trade agreement between the UK and a third country are subject to trade remedies and safeguards or any other measure that deny such products duty free quota free market access into the UK.\n\n3 The UK shall notify yearly to the Committee the list of materials and countries to which paragraphs 1 and 2 shall apply. The EAC Partner States shall notify the UK, on a quarterly basis, the materials to which cumulation under paragraphs 1 and 2 has been applied.\n\n4 Movement certificates EUR 1 or origin declarations issued by application of paragraph 1 and 2 shall bear the following entry (in Box/Field 7): 'Application of Article 6.1 or 6.2 of Protocol 1 to the EAC UK EPA'\n\n5 The cumulation provided for in paragraph 1 and 2 of this Article may only be applied provided that:\n\n(a) all the countries and territories involved in the acquisition of the originating status have entered into an arrangement or agreement on administrative cooperation with each other using the template in Annex X of the United Kingdom-EAC Agreement, which ensures a correct implementation of this Article and includes a reference to the use of appropriate proofs of origin;\n\n(b) the EAC Partner State or States will provide the UK, with details of arrangements or agreements on administrative cooperation with the other countries or territories referred to in this Article. The UK shall publish, according to its own procedures, the date on which the cumulation provided for in this Article may be applied with those countries and territories listed in this Article which have fulfilled the necessary requirements.\n\n{{ Articles 4 and 6 }}\n"}},{"id":"kenya/originating_import","type":"rules_of_origin_article","attributes":{"article":"originating_import","content":"For the purpose of the United Kingdom-EAC Agreement, the following products shall be considered as originating in an EAC Partner State:\n\n- products **wholly obtained** in an EAC Partner State;\n\n- products obtained in an EAC Partner State incorporating materials which have not been wholly obtained there, provided that such materials have undergone **sufficient working or processing** in that EAC Partner State.\n"}},{"id":"kenya/verification","type":"rules_of_origin_article","attributes":{"article":"verification","content":"## Verification of proofs of origin\n\n1. Subsequent verifications of proofs of origin shall be carried out based on risk analysis and at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Origin Reference Document.\n\n2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR 1 and the invoice, if it has been submitted, the origin declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the request for verification. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.\n\n3. The verification shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's or manufacturer's accounts or any other check considered appropriate.\n\n4. If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.\n\n5. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in an EAC Partner State, in the UK or in one of the other countries and territories referred to in Articles 3, 4, 5 and 6 and fulfil the other requirements of this Origin Reference Document.\n\n6. If in cases of reasonable doubt there is no reply within ten (10) months of the date of the verification request or if the reply does not contain information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.\n\n7. The parties will refer to Article 7 of Protocol II of the United Kingdom-EAC Agreement on Mutual Administrative Assistance in customs matters for joint enquiries related to proofs of origin.\n\n## Verification of suppliers' declarations\n\n1. Verification of suppliers' declarations shall be carried out based on risk analysis and at random or whenever the customs authorities of the country where such declarations have been taken into account to issue a movement certificate EUR 1 or to make out an origin declaration, have reasonable doubts as to the authenticity of the document or the correctness of the information given in this document.\n\n2. The customs authorities to which a supplier's declaration is submitted may request the customs authorities of the State where the declaration was made to issue an information certificate, a specimen of which appears in Annex VI to this Origin Reference Document. Alternatively, the certifying authorities to which a supplier's declaration is submitted may request the exporter to produce an information certificate issued by the customs authorities of the State where the declaration was made.\n\n    A copy of the information certificate shall be preserved by the office which has issued it for five (5) years in the case of EAC Partner States and at least three (3) years in the case of UK.\n\n3. The customs authorities requesting the verification shall be informed of the results thereof within ten (10) months. The results must indicate clearly whether the information given in the supplier's declaration is correct and make it possible for them to determine whether and to what extent this supplier's declaration could be taken into account for issuing a movement certificate EUR 1 or for making out an origin declaration.\n\n4. The verification shall be carried out by the customs authorities of the country where the supplier's declaration was made out. For this purpose, they shall have the right to call for any evidence or to carry out any inspection of the supplier's account or any other check which they consider appropriate in order to verify the correctness of any supplier's declaration.\n\n5. Any movement certificate EUR 1 or origin declaration issued or made out on the basis of an incorrect supplier's declaration shall be considered null and void.\n\n{{ Articles 34 and 35 }}\n"}},{"id":"kenya/packaging","type":"rules_of_origin_article","attributes":{"article":"packaging","content":"Where, under paragraph 5 of Part Two, Section 1, of the Tariff of the United Kingdom, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.\n\n{{ Article 10 }}\n"}},{"id":"kenya/neutral-elements","type":"rules_of_origin_article","attributes":{"article":"neutral-elements","content":"In order to determine whether a product is originating, it shall not be necessary to determine the origin of the following which might be used in its manufacture:\n\n- energy and fuel;\n- plant and equipment;\n- machines and tools;\n- goods which do not enter and which are not intended to enter into the final composition of the product.\n\n{{ Article 13 }}\n"}},{"id":"kenya/wholly-obtained-vessels","type":"rules_of_origin_article","attributes":{"article":"wholly-obtained-vessels","content":"The terms \"their vessels\" and \"their factory ships\" in paragraph 1(g) and (h) shall apply only to vessels and factory ships:\n\n1. which are registered in the UK, in an EAC Partner State or in a UK OCT;\n\n2. which sail under the flag of the UK, of an EAC Partner State or of a UK OCT;\n\n3. which meet one of the following conditions:\n\n   1. they are at least 50 percent owned by nationals of the UK, of an EU Member State, of an EAC Partner State or of an OCT; or\n\n   2. they are owned by companies\n\n      - which have their office and their main place of business in the UK, in an EU Member State, in an EAC Partner State or in an OCT; and\n\n      - which are at least 50 percent owned by the UK, by an EU Member State, by an EAC Partner State or by an OCT, public entities or nationals of that State.\n\nNotwithstanding the provisions of paragraph 2, the UK shall recognise, upon request of an EAC Partner State, that vessels chartered or leased by the EAC Partner State be treated as \"their vessels\" to undertake fisheries activities under the following conditions:\n\n1. they operate under the flag of the EAC Partner State; and\n\n2. the EAC Partner State offered the UK the opportunity to negotiate a fishery agreement and the UK did not accept this offer; and\n\n3. at least 50% of crew, master and officers included are nationals of States party to the United Kingdom-EAC Agreement, or of the EU, or of an OCT; and\n\n4. the fish is landed and processed in the EAC Partner State; and\n\n5. the activities undertaken under this paragraph target a surplus identified by means of scientific advice made available in the context of the IOTC by relevant international, regional or national authorities; and\n\n6. the charter or lease contract has been accepted by the Committee as providing adequate opportunities for developing the capacity of the EAC Partner State to fish in its own account and in particular as conferring on the EAC Partner State the responsibility for the nautical and commercial management of the vessel placed at its disposal for a significant period of time.\n\nThe conditions of paragraph 2 may each be fulfilled in the UK, in different EAC Partner States, in the EU, in the OCTs or ACP States belonging to other preferential trade agreements insofar as the countries involved benefit from cumulation in accordance with Articles 4 and 5. In this case, the products shall be deemed to have the origin of the country under which flag the vessel or factory ship sails in accordance with paragraph 2(b).\nThese conditions shall only apply with regard to the EU, the OCTs and ACP States belonging to other preferential trade agreements provided that the provisions of Article 4(3) have been fulfilled.\n"}},{"id":"kenya/sets","type":"rules_of_origin_article","attributes":{"article":"sets","content":"### Sets\n\nSets, as defined in General Rule 3 of Part Two, Section 1, of the Tariff of the United Kingdom, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 per cent of the ex-works price of the set.\n\n{{ Article 12 }}\n"}},{"id":"kenya/accessories","type":"rules_of_origin_article","attributes":{"article":"accessories","content":"Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.\n\n{{ Article 11 }}\n"}},{"id":"kenya/tolerances","type":"rules_of_origin_article","attributes":{"article":"tolerances","content":""}},{"id":"kenya/wholly-obtained","type":"rules_of_origin_article","attributes":{"article":"wholly-obtained","content":"\nThe following shall be considered as wholly obtained in an EAC Partner State or in the UK:\n\n1. **mineral products** extracted from their soil or from their seabed;\n\n2. **plants and vegetable products** grown, harvested or gathered there;\n\n3. **live animals** born and raised there;\n\n4. **products from live animals** raised there;\n\n5. products from **slaughtered animals** born and raised there;\n\n6.\n    1. products obtained by **hunting or fishing** conducted there;\n\n    2. products of **aquaculture**, including mariculture, where the fish are born and raised there;\n\n7. products of **sea fishing and other products** taken from the sea outside any territorial sea of the EAC partners states or of the UK by their vessels\n\n8. products made aboard their **factory ships** exclusively from products referred to in (f);\n\n9. used articles collected there provided that such goods are fit only for the **recovery of raw materials**;\n\n10. **waste and scrap** resulting from manufacturing operations conducted there;\n\n11. products extracted from **marine soil or subsoil** outside their territorial waters provided that they have sole rights to work that soil or subsoil;\n\n12. goods produced there exclusively from the products specified in (a) to (j).\n\n{{ Article 7 }}\n"}},{"id":"kenya/cumulation-export","type":"rules_of_origin_article","attributes":{"article":"cumulation-export","content":"### Cumulation in the UK\n\n1. Without prejudice to the provisions of Article 2(1), products shall be considered as originating in the UK if they are produced there, incorporating materials originating in an EAC Partner State or in the EU, in the other ACP States with which the UK applies a preferential trade agreement or in the OCTs, provided the working or processing carried out in the UK goes beyond that the operations referred to in Article 9(1). It shall not be necessary for such materials to have undergone sufficient working or processing.\n\n    Where the working or processing carried out in the UK does not go beyond the operations referred to in Article 9(1), the product produced shall be considered as originating in the UK only where the value added there is greater than the value of the materials used originating in any one of the other countries or territories referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of originating materials used in the manufacture in the UK.\n\n    The origin of the materials originating in the other ACP States with which the UK applies a preferential trade agreement or in the UK OCTs shall be determined according to the rules of origin applicable in the framework of the UK's preferential arrangements with these countries and territories and in accordance with Article 28.\n\n    The origin of materials originating in the EU or in the EU OCTs shall be determined in accordance with the rules of origin of the United Kingdom-EAC Agreement.\n\n2. Without prejudice to the provisions to Article 2(1)(b), working or processing carried out in an EAC Partner State, the EU, in the other ACP States with which the UK applies a preferential trade agreement or in the OCTs shall be considered as having been carried out in the UK when the products obtained there have undergone subsequent working or processing.\n\n3. Where the working or processing carried out in the UK does not go beyond the operations referred to in Article 9(1), the product obtained shall be considered as originating in the UK only where the value added there is greater than the value of the materials used in any one of the other countries or territories. If this is not so, the product obtained shall be considered as originating in the country or territory which accounts for the highest value of materials used in the manufacture.\n\n4. The origin of the final product shall be determined according to the rules of origin of this Origin Reference Document and in accordance with Article 28. The cumulation provided in this Article may only be applied provided that:\n\n   1. all the countries and territories involved in the acquisition of the originating status and the country of destination have concluded an arrangement or agreement on administrative co-operation which ensures a correct implementation of this Article\n\n   2. the UK shall provide the EAC Partner States, through the EAC Secretariat, details of agreements on administrative co-operation with the other countries or territories referred to in this Article. The UK shall publish, according to its own procedures, and the EAC Partner States shall publish according to their own procedures the date on which the cumulation provided for in this Article may be applied with those countries or territories listed in this Article which have fulfilled the necessary requirements.\n\n5. The cumulation provided for in this Article shall not apply to materials:\n   1. of HS 2012 Headings 1604 and 1605 originating in the EPA Pacific States by use of Article 6.6 of Protocol II to the Interim Economic Partnership Agreement between the UK, on the one part, and the Pacific States, on the other part;\n   2. of HS 2012 Headings 1604 and 1605 originating in the Pacific States by use of any future provision of a comprehensive Economic Partnership Agreement between the UK and Pacific ACP States.\n\n\n{{ Article 5 }}\n"}},{"id":"50bc4767ca929c7a163e47b0854544ea","type":"rules_of_origin_v2_rule","attributes":{"rule":"Manufacture in which all the Edible fruit, nuts and peels of citrus fruits or melons of [chapter\u0026nbsp;8](/chapters/08) used must be wholly obtained, *and*\n\n- the weight of sugar used does not exceed **40%** of the weight of the final product.","rule_class":["WO"],"operator":null,"footnotes":[]}},{"id":"eb38013cc31988a600be25c5d082a067","type":"rules_of_origin_rule_set","attributes":{"heading":"Chapter 8","subdivision":"Edible fruit and nuts;\npeel of citrus fruits or\nmelons"},"relationships":{"rules":{"data":[{"id":"50bc4767ca929c7a163e47b0854544ea","type":"rules_of_origin_v2_rule"}]}}},{"id":"e4ef102493534c4378da34fdad4a8275","type":"rules_of_origin_origin_reference_document","attributes":{"ord_title":"The Kenya Origin Reference Document","ord_version":"1.2","ord_date":"16 June 2023","ord_original":"230619_ORD_Kenya.docx"}}]}