KENYA COUNTRY PRESENTATION 3rd IPPC Global Symposium on ePhyto Border Agency Collaboration to facilitate trade 3rd IPPC Global Symposium on ePhyto “ePhyto and Trade Facilitation” 22-26 January 2018 Kuala Lumpur, Malaysia Josiah M Syanda (Kenya) My Name is Josiah Musili Syanda, a phytosanitary specialist. I work for Kenya Plant Health Inspectorate service (KEPHIS), the National Plant Protection Organization in Kenya. I am also the ephyto implementation manager having participated in the design, development, testing and implementation of the system in Kenya.

Outline National Border agency Collaboration Regional Border Collaboration Challenges Benefits

Border Control and Operations Coordination Committee In 2014, the Government amended the Kenya Citizenship and Immigration Act, under Section 75 of the Security Laws (Amendment) Act by adding Section 5A-5D to establish Border Control and Operations Co-ordination Committee (BCOCC) to enhance border efficiency and inter-agency coordination in border management

Establishment of BOCC

Border Agencies One Stop Inspection KNSWS NPPO/ Ministry Port Authority One Stop Inspection KNSWS NPPO/ Ministry Port Health Security Agencies Bureau of standards Radiation Customs The Points of entry in Kenya are managed by either Port Authority for Sea ports and Airport Authority for Airports. The authorities are the custodians of the entry/exit points while the Customs exercise authority within the designated customs areas in the entry/exit points. The Kenya Security law requires that government agencies working with the points of entry/exit should work in collaboration and coordinated manner. The agencies are coordinated under a national committee called Border Collaboration and Coordination Committee. The committee membership includes the heads of the various government agencies working at the points of entry exit. Wildlife Agencies

Regional Border Collaboration Partner States cooperation (Uganda, Rwanda, Tanzania, South Sudan Burundi and DRC) Weekly meetings with Governments and Industry CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC, 1965 (FACILITATION CONVENTION, 65) – Port Charter

Import/export process Manifest The shipping line or airline creates a manifest with detailed description of the cargo on the vessel The manifest is shared with the relevant government agencies Entry Clearing agent makes an entry for Customs clearance The Entry describes the actual cargo per consignment and consignee Critical Point Verification Joint Government Agency verification Clearance Relevant Stamp endorsement and signatures to allow removal of cargo from Customs Area Discharge Removal of Consignm ents from Customs Area Consignments moving across international borders whether by sea, land or Air, is accompanied by documents which describe and identify the cargo. The information in the documents is used by the various agencies for excise duty and other regulatory procedures. Biosecurity clearance for plants, plant products and regulated articles is one of the many other clearance procedures required for cargo to move across the border. Movement of cargo through the border is depended on how fast information moves and is processed by the border agencies. The first step of communication to the border control agencies is the creation of a Cargo Manifest which describes the consignments on board an aircraft or vessel. In most cases the Manifest is submitted before the vessel arrives. On arrival the Authorized Economic Operator (clearing agents) creates the Entries for each consignment in the manifest. Border control Agencies use the entry (HS CODES) to verify and clear cargo through the port. Manual processing of the entry has many limitations however,

Border Agency Collaboration “Gate effect” Imported Consignments Border control Agencies cleared cargo Imported Consignments Imported Consignments Imported Consignments Inland origins destination International origins destination Imported Consignments Exports Imported Consignments Consignments from or to international origins/destinations passes through the border control agencies. The agencies are housed in different offices some of which are distance away from the port of exit. Movement to the various offices for document endorsement can cause delays, lead to costs and loss of cargo especially for perishable goods. It is important to note that although cargo maybe sourced from various origins, the point of entry/ exit provides a “gate effect” wherewith regulatory control maybe undertaken. In most cases, various government agencies lack adequate personnel for management of the cargo and ensure fast clearance. The “gate effect” can be limiting in trade facilitation leading to cargo pile up at the port. Sharing of information and reuse of data leads to a more effective way of cargo clearance. Border agencies can undertake cargo risk management and prior release based on the information availed to them. The “gate effect” is managed through implementation of the national Single Window system. Imported Consignments Imported Consignments Exports Imported Consignments Imported Consignments cleared cargo

Challenges Overlapping of mandates (national and Regional) Cross border regulations and Laws Harmonization – SPS issues Capacity – Human resource, infrastructure, technical knowledge, Process re-engineering Costs and process financing -

Benefits of Border Agency Collaboration “use of e-data ” Cargo Released Imported Consignments Exports International Origins/Destinations Inland origins destination No “gate effect” Exports “Kenya is implementing the National Single System as a means of eliminating the “gate effect” Information keyed in by the exporter/importer is visible to the relevant government agency for regulatory or statutory process. The ability to use online information eliminates the need to move to a physical location. The availability of the information to various border control agencies at the same time ensures that processes can be completed concurrently thereby saving on time and transport/logistical costs.

Collaboration and trade facilitation Knowledge and information sharing is critical Need for nurturing the Developing and LDC Regional balance – Trade follows demand

Kenya Plant Health Inspectorate Service Thank you Contact Information The Managing Director Kenya Plant Health Inspectorate Service Po Box 49592 00100 Nairobi director@kephis.org www.kephis.org