International Trade Law
Global Trade Navigator: Ensuring Seamless Compliance with Customs and Regional Trade Laws.
For businesses engaged in cross-border commerce, compliance with customs regulations, tariffs, and international trade agreements is essential for mitigating risk and avoiding costly penalties. Our firm provides expert legal guidance to importers and exporters, ensuring their supply chains are legally sound under the East African Community Customs Management Act (EACCMA), 2004, and WTO principles.
Key Aspects of Our International Trade Practice:
We focus on both regulatory adherence and effective dispute management:
- Customs Compliance and Advisory: We advise importers and exporters on compliance with the EACCMA, 2004, and related Kenyan tax laws enforced by the Kenya Revenue Authority (KRA). This includes:
- Guidance on correct tariff classification and customs valuation to ensure accurate duty payment.
- Advising on documentation requirements, such as Import Declaration Forms (IDFs) and Certificates of Conformity (CoC).
- Trade Regulations and Treaties: We interpret and advise clients on their rights and obligations under regional trade agreements (e.g., EAC, COMESA) and international trade agreements (e.g., WTO rules), including navigating duty-saving programs.
- Customs Disputes and Litigation: We represent clients in disputes with KRA and Customs & Border Control regarding:
- Contesting decisions on valuation, classification, or the application of duties and taxes.
- Handling administrative appeals and mitigation proceedings related to seizures or penalties.
- Anti-Counterfeiting at the Border: We work in conjunction with our Intellectual Property team to enforce rights at customs points, assisting with the necessary filings and declarations to prevent the importation of counterfeit or infringing goods.
Our Value Proposition: Mitigating Cross-Border Risk
| Commitment | Our Approach |
| Penalty Avoidance | We proactively review import/export processes to identify compliance gaps, helping clients avoid administrative penalties and goods seizure by Customs. |
| Regional Trade Focus | Leveraging Kenya’s position as a regional hub, we guide clients through the complexities of EAC and COMESA trade protocols. |
| Dispute Advocacy | We provide strong legal advocacy in both administrative and judicial forums to resolve customs-related disputes efficiently and professionally. |
Need Help? Common Customs & Trade Inquiries
- What are the key laws governing imports in Kenya?
- Ans: Imports are primarily governed by the East African Community Customs Management Act, 2004, and various national laws regulating standards (KEBS) and taxes (KRA).
- Can you challenge a KRA valuation of my imported goods?
- Ans: Yes. If you disagree with the customs valuation, we can challenge the decision through the prescribed administrative and judicial appeals process.
- Is a customs lawyer the same as a customs broker?
- Ans: No. A customs broker handles the logistics and documentation (the “how”), while a Customs Lawyer provides legal advice, ensures regulatory compliance, and represents you in formal disputes (the “why”).
- We export agricultural products. Can you advise on regulatory compliance?
- Ans: Yes. We advise on compliance with export procedures, including sanitary and phytosanitary requirements, and ensuring the correct documentation (e.g., Certificate of Origin) is secured.