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Examen de las políticas comerciales
Último Examen de las Políticas Comerciales (Informe de la Secretaría de la OMC) WT/TPR/S/384/Rev.1
A. Importación prohibiciones, restricciones y licencias de importación
3.52.
An import permit is required for a number of product categories, such as: arms and ammunition; worked and unworked ivory; genetically modified products; non-indigenous species of fish; and historical artefacts.[53] In accordance with their international obligations, the importation of ozone-depleting substances and endangered species of wild flora and fauna into any EAC member is subject to a permit.
3.36.
Imports of products protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) require permits. Application for permits must be accompanied by CITES certificates, issued by the exporting countries. Sanitary and phytosanitary (SPS) certificates are required for trade in agricultural products (Section 3.3.3). A fumigation certificate is required for second-hand clothing.
3.35.
Importers of agri-chemicals are required to register with, and obtain approval from, the Agricultural Chemicals Board (ACB). The National Drug Authority (NDA) regulates imports of pharmaceuticals; importers must apply to the NDA for registration and certification under the National Drug Policy and Authority Act, 1993. The URA may require supplementary documents at the entry point for certain imports. A licence and a Quality Clearance Certificate, issued by the NDA, are required for human and animal medicine.
3.34.
Uganda maintains several import controls, such as requirements for import permits/authorization, and import licences. Licences are valid for six months from issuance, and are renewable.
3.33.
During the review period, Uganda reversed its import prohibition on plastic bags.[30]
3.32.
According to the authorities, import restrictions, including prohibitions and controls, are largely harmonized at the EAC level (Common Report, Section 3.1.6). However, Uganda maintains a national list of goods subject to import prohibitions; the list may be amended by the Trade Minister. It seems that used tyres and pornographic materials are banned from importation, for environmental protection, human safety, and social moral considerations.
3.31.
In addition to these prohibitions or restrictions that are set out in laws or regulations, Tanzania has taken other measures during the period to control the movement of food crops. This has occurred periodically for agricultural products such as maize, and may involve a seasonal import restriction on food security grounds (Section 4.1.1.3.2).
3.30.
The EAC prohibits or restricts the importation of about 44 categories of goods, as listed in the Second Schedule of the EAC Customs Management Act, 2004 as revised (see main report). As such, these import prohibitions and restrictions are implemented by Tanzania and other EAC partner States. Prohibited goods are not allowed to enter or exit Tanzania under any circumstance. For restricted goods, special additional requirements must be fulfilled to import, e.g. permits or licenses. In addition to these harmonized restrictions, Tanzania has a number of other prohibitions, restrictions, and licensing requirements at the national level (Table 3.5). Many of these restraints are due to the procedures put in place by the acts relating to the various agricultural marketing boards; in many cases, they involve licensing requirements.
3.41.
Kenya prohibits the importation of left hand drive vehicles[49], and used vehicles of more than eight years old. For vehicles shipped without a certificate of roadworthiness, KEBS carries out a destination inspection and applies a penalty of 15% of their c.i.f. value. An import ban on plastic carrier bags has been effective since 28 august 2017. An exemption may be granted for flat plastic bags for industrial packaging.
3.40.
The importation of excisable goods is subjected to a licensing requirement (Section 3.1.3). A list of licensed agents and brands is published by the Kenya Revenue Authority.
3.39.
Kenya maintains some import controls and prohibitions under the Animals Diseases Act (Table 3.3). An absolute import prohibition applies to certain meat and meat products: products from animals raised with animal growth promoters, beta agonist and chloramphenicol; products from animals bred through genetically modified inputs; and products with levels of lead, mercury, cadmium and arsenic exceeding the maximum residue limits, or with residues of mycotoxins exceeding the recommended limits. The importation of fish and fish products derived from toxic species is prohibited. Other prohibited fish products include: fish and fishery products that have been fed with genetically modified/engineered feedstuff, and prohibited animal proteins such as meat, bone meal and greaves.
3.38.
A number of goods are subject to an import licensing, permit and/or registration requirements (Table 3.2). Applications for import and export permits can be lodged electronically through TradeNet, the single window system.
3.37.
Kenya's import control regime is governed mainly by regional provisions (Common report, Section 3.1.6). However, the Minister in charge of trade may amend the list of goods that are subject to import prohibitions, restrictions or licensing. In 2017, the authorities subjected the importation of gaming equipment, machines and related devices to an express clearance from the Ministry of Interior and Coordination of National Government.[48]
3.28.
According to its 2017 notification under the WTO Agreement on Import Licensing Procedures, Burundi does not maintain a licensing system to administer quantitative restrictions; an import declaration is apparently required for statistical monitoring purposes and to ensure regular supply.[10]
3.27.
In addition, a phytosanitary certificate is required for imports of seeds and plants. A certificate from the Burundian Standardization and Quality Control Bureau (BBN) is required to import food, agricultural chemicals, plants, pharmaceuticals, explosives, and articles subject to restrictions under international conventions.
3.26.
The import prohibition and licensing regime is regulated largely by the Community Customs Code. Goods are classified in two categories, prohibited and restricted. In the latter case, importation must be approved by the competent authorities (Common Report, Section 3.1).
3.51.
Since 2011, the EAC Polythene Materials Control Act, 2011, the importation, use, sale and manufacturing of polythene have been prohibited.[52] However, to date, only Kenya, Rwanda and Uganda have banned the use of polythene. Exceptions apply to its use in the construction industry, the manufacturing of tents, industrial packaging, and medical services.
3.50.
Imports prohibitions and restrictions are largely determined at the Community level.[51] Prohibited goods include: counterfeit goods; pornographic materials; matches containing white phosphorous; distilled beverages containing essential oils or chemical products deemed injurious to health; soaps and cosmetic products containing mercury; used tyres; plastic articles of less than 30 microns; and various agricultural and industrial chemicals. In accordance with international regulations, the importation of narcotic drugs and hazardous waste is prohibited.
B. Exportación prohibiciones y restricciones
3.59.
The Third Schedule of the EAC Customs Management Act, 2004 provides for a list of restricted and prohibited exports. In addition, on national levels, export prohibitions may apply in accordance with relevant international agreements (see Annexes 1-5).
3.46.
Export permits or licences are required for flowers, fruits, vegetables, plants, bees and bee products, coffee, cotton, and game and trophies. Export certificates are required for precious metals, fish, and hides and skins. For other products, export permits are only necessary if required by the importing country.
3.45.
Export prohibitions are largely harmonized at the EAC level, under the Third Schedule of the EAC CMA, as amended (Common Report, Section 3.2.3).
3.41.
During the review period, the Ministry of Agriculture also imposed seasonal restrictions on a number of exported food products, due to concerns about rising prices and food security. The Minister of Agriculture has the power to invoke this provision when needed. Maize was one product particularly affected during the review period (Section 4.1.1.3.2). Other bans have been put in place on a sectoral basis, i.e. minerals (Section 4.2.1).
3.40.
Since 2003, Tanzania has been part of the Kimberly Process Certification Scheme for the export of rough diamonds. According to its reports to the Kimberly Process, Tanzania exported all of its production of rough diamonds in 2016 to 64 countries, an amount of 241,669 carats, valued at USD 86.6 million.
3.39.
At the EAC level, Tanzania and the other members prohibit or restrict certain exports, as outlined in the Third Schedule to the EACCMA, 2004 (Main Report).[90] In addition to the EAC prohibitions or restrictions, Tanzania prohibits, restricts, or otherwise requires licensing for a number of other products (Table 3.6). As with import restrictions, many of these provisions result from licensing requirements by the agricultural marketing boards for the various commodities.
3.56.
Some agricultural, veterinary and mining products are subject to specific export documentation requirements (Table 3.5).
3.55.
Kenya prohibits the exportation of counterfeit goods, pirated goods, and goods bearing false indication of origin.
3.54.
With effect from January 2017, the exportation of scrap metals is prohibited.[52] The measure aims at ensuring a sufficient supply to the domestic industry. Between 2009 and 2014, an export ban applied to used automobile batteries, lead scrap, crude and refined lead. In 2015, the export ban was replaced by the requirement of an approval by the Scrap Metal Council. In 2017, Kenya banned the exportation of maize to guarantee its supply to domestic markets.
3.53.
In addition to measures decided at the EAC level (Common Report, Section 3.2.3), the authorities may take measures to prohibit or restrict the exportation of some goods.
3.36.
Export restrictions are administered in accordance with the Community Customs Code (Common Report, Section 3.2.3).
3.35.
Sugar exports are subject to a quota that varies according to local demand. The quota is managed through Socit Sucrire du Moso (SOSUMO), a firm that holds a de facto monopoly over sugar production. The Government specifies the amount of sugar to be sold to distributors in each region based on their demand estimates and the price of sugar on the market. During the review period, SOSUMO exported sugar only in 2012 (2,015 tonnes) and in 2017 (4,600 tonnes).
3.34.
Burundi maintains a ban on exports of coffee cherries. In addition, as a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), it bans the exportation of plants and animals listed as endangered species.
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