30 July 2018

The East African Community amends customs duties and common external tariffs

Executive summary

The East African Community (EAC) Council of Ministers (the Council) have agreed on changes to the EAC Customs Management Act, 2004 (EACCMA) and the EAC Common External Tariff (EAC CET). These changes were set forth in the EAC Gazette Notice No. 8 of 2018 (the Gazette) released by the EAC Secretariat on 30 June 2018 and came into effect from 1 July 2018. These respective changes impact both individual EAC Member States and the EAC region as a whole.

This Alert highlights the international trade-related changes introduced by the Gazette across Kenya, Uganda, Tanzania, Rwanda and Burundi affecting importers.

Detailed discussion

EAC policy changes

EAC CET amendments

The Council amended the Common External Tariff 2017 as follows:

  • Reduced duty rates for the following tariffs

Tariff

Description

Import duty

Current rate

Revised rate

3905.30.00

Poly vinyl alcohol

10%

0%

4802.56.00

Other paper or paper board

25%

10%

  • A split of the 8903.99.00 tariff for other motorboats to provide for a reduced 0% import duty rate for a motor boat ambulance under 8903.99.10.
  • Corrections made to tariffs under heading 3907, 6005 and 8523 without changing the duty rate.

Amendments to the exemptions regime

Effective 1 July 2018, the Gazette also introduced specific and general exemptions from import duty under the Fifth Schedule of the EACCMA covering:

Specific exemptions

  • An exemption from duty of one motor vehicle, motorcycle or bicycle has been extended to racing riders

General exemptions

  • Qualifying sightseeing busses
  • Qualifying overland trucks
  • Tourism boats imported by a licensed tour operator

EAC general stay of application of the CET/revocations

The Council has stayed the application of conditions contained in Legal Notice LN EAC/39/2013, pertaining to duty remission on the motorcycle assembly industry, for one more year. The Legal Notice provides for duty remission for assemblers of CKD kits who procure/ manufacture the following specified parts within the EAC; main frame, suspension, or a combination of seat and seat frame, mudguard, wheel rim, break gear and exhaust pipe.

The council has also revoked the application of the conditions contained in item 12 of Legal Notice LN EAC/32/2016 which was supposed to progressively reduce the levels of remission granted to gazetted importers of sugar for industrial use from 90% (current) remission to 85%, 80% up to 75% remission of 100% duty.

Duty remission

The EAC duty remission scheme allows waiver of duty or refrainment from exacting of duty on gazetted inputs imported by gazetted users. The gazette stipulates items approved by the Council to be imported at a lower rate under remission in accordance with Section 140 of EACCMA and the EAC Duty Remission Regulations, 2008.

The following items have been granted duty remission and are available to all EAC countries provided importers are approved and gazetted before importation:

Download the PDF file to see the Tariff table.

In the event that finished products (manufactured using inputs importer under country specific remission are sold in the EAC Customs territory, such goods shall attract duties, levies and other charges provided in the EAC CET.

Country specific stays of application of the CET

Kenya

The Council has approved various stays of application of CET duty rates on select items in Kenya, effective for the one year period from 1 July 2018. These measures, effected to address specific economic needs, have a twofold effect; either an increase or a decrease in duty rates as follows:

Duty increment

Download the PDF file to see the Duty increment table.

Duty reduction

Download the PDF file to see the Duty reduction table.

Uganda

The Council has approved various stays of application of CET duty rates on select items in Uganda, effective for the one-year period from 1 July 2018. These measures, effected to address specific economic needs, have a twofold effect; either an increase or a decrease in duty rates as follows:

Duty increment

Download the PDF file to see the Duty increment table.

Duty reduction

Download the PDF file to see the Duty reduction table.

Tanzania

The Council has approved various stays of application of CET duty rates on select items in Tanzania, effective for one-year period from 1 July 2018. These measures, effected to address specific economic needs, have a twofold effect; either an increase or a decrease in duty rates as follows:

Duty increment

Download the PDF file to see the Duty increment table.

Duty reduction

Download the PDF file to see the Duty reduction table.

Rwanda

The Council has approved various stays of application of CET duty rates on select items in Rwanda, effective for the one-year period from 1 July 2018. These measures, effected to address specific economic needs, have a twofold effect; either an increase or a decrease in duty rates as follows:

Duty increment

Download the PDF file to see the Duty increment table.

Duty reduction

Download the PDF file to see the Duty reduction table.

Burundi

The Council has approved various stays of application of CET duty rates on select items in Burundi, effective for the one-year period from 1 July 2018. All measures granted to Burundi were decreases in applicable duty rates as follows:

Duty reduction

Download the PDF file to see the Duty reduction table.

Implications

Each EAC Member State, like any other economy, is challenged every year to widen its tax base. Whereas higher tax rates are introduced to protect local industries and other new taxes are introduced to cast the net farther, it is likely that the need to widen the tax base will continue in the foreseeable future until countries become less reliant on borrowed funds to finance their budgets.

The new rates became effective on 1 July 2018.

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CONTACTS

For additional information with respect to this Alert, please contact the following:

Ernst & Young (Kenya), Nairobi

  • John Gikima
    john.gikima@ke.ey.com
  • Stephen Ndegwa
    stephen.ndegwa@ke.ey.com
  • Emmanuel Makheti
    emmanuel.makheti@ke.ey.com
  • Esther Muteti
    esther.muteti@ke.ey.com

Ernst & Young (Uganda), Kampala

  • Hadijah Nannyomo
    hadijah.nannyomo@ug.ey.com

Ernst & Young Advisory Services (Pty) Ltd., Africa ITS Leader, Johannesburg

  • Marius Leivestad
    marius.leivestad@za.ey.com

Ernst & Young LLP (United Kingdom), Pan African Tax Desk, London

  • Rendani Neluvhalani
    rendani.mabel.neluvhalani@uk.ey.com
  • Byron Thomas
    bthomas4@uk.ey.com

Ernst & Young LLP, Pan African Tax Desk, New York

  • Silke Mattern
    silke.mattern@ey.com
  • Dele A. Olaogun
    dele.olaogun@ey.com

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ATTACHMENT

PDF version of this Tax Alert

Document ID: 2018-5914