Expansion of Regulated HS Codes for Phase II Implementation of Import Declaration of IPRS
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In reference to our Public Notice 4/2022 concerning the implementation of the Recordation of Intellectual Property Rights and ACA Import Permit process, we would like to inform our stakeholders that the Anti-Counterfeit Authority (ACA) has expanded the program, in compliance with the Article 40(5) of the Constitution, the Anti-Counterfeit Act No. 13 of 2008 (Section 34B) and the Anti-Counterfeit {Recordation} Regulations LN 118/2021 (R4).
We are pleased to inform you that the recordation of Intellectual Property Rights and ACA Import Permit process was successfully launched on January 1, 2023. As part of our continued commitment to combating counterfeiting in Kenya, we are expanding this process to include additional HS Codes, effective May 1, 2023.
The affected HS Codes for Phase II implementation are as follows:
- 32 additional HS Codes for the expansion of the currently regulated Chapter 85, Electrical and
- Electronics
- 22 HS Codes under Chapter 22, Alcoholic Beverages
- 27 HS Codes under Chapter 33, Cosmetics
- 26 HS Codes under Chapter 64, Footwear
- 26 HS Codes under Chapters 42, 43 and 65, Clothing accessories
- 213 HS Codes under Chapters 61 and 62, Clothing & Apparel
- 140 HS Codes under Chapter 84, Mechanical & Electrical Appliances.
Goods falling under the following categories are exempted from the program:
- Used/Second-hand goods or products
- Donations
- Raw materials
- Diplomatic goods
- Small quantities for private and domestic use
- Transit and transhipment goods
- Machine and machinery parts used for manufacturing
- Goods that are in completely knocked down (CKD) condition
NB: Other goods will be considered for exemption upon application.
The detailed list of the ACA regulated HS Codes based on the East African Community Customs Union, Common External Tariff, Harmonized Commodity Description and Coding System, version 2022, is available on the ACA website.
Please note that all consignments falling under the selected categories of HS Codes, whose IDF applications are lodged from May 1 2023, must be accompanied by the ACA permit (Form ACA 2B) in accordance with the provisions of Section 34B of the Anti-Counterfeit Act and the Anti-Counterfeit Recordation Regulations 2021.
The ACA Import Permit applications and processing shall be done on the KenTrade’s Single Window System through tfp.kenyatradenet.go.ke. Stakeholders are further advised that IPR recordation by brand owners is ongoing through the ACA’s AIMS portal (public.aims.aca.go.ke).
The IPR Recordation program is a trade facilitation measure aimed at promoting legitimate and fair trade in Kenya by eliminating counterfeit imports. The program’s objectives are to safeguard and advance domestic manufacturing, support lawful trade activities for local traders, ensure consumer protection regarding health and safety and create opportunities for attracting foreign direct investments.
For more information on the ACA and the IPR Recordation program, please visit our website at www.aca.go.ke. If you have any questions or concerns, please contact us at
Executive Director/CEO
Anti-Counterfeit Authority April 4, 2023
32 additional HS Codes regulated under this chapter in addition to the current 89 (Refer to list of regulated HS Codes under Phase I)
Published 18 April 2023