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Review of the EAC Customs Management Act, 2004

The East African Community (EAC) has the mandate from the Partner States to ensure economic, social and political integration in the East African region.

One of the economic integration goals is to have a full-fledged Customs Union comprising of the Partner States. Implementation of the Customs Union is effected by the Directorate of Customs that was established by the Council under the Treaty. The Directorate of Customs is responsible for the initiation of policies on Customs and related trade matters in the Community and coordination of such policies in the Partner States.

To achieve a fully fledged Customs Union, the EAC Customs Management Act 2004 was enacted to facilitate the implementation of Customs Matters. Since its enactment a number of changes have been effected among which include the operationalization of Single Customs Territory, ratification of the WTO Trade Facilitation Agreement and the new innovation of information Communication Technology in the doing business today. 

To address the changes, the Secretariat is currently undertaking a comprehensive review of the EAC CMA 2004 and its regulations. The purpose of the review will be to among others address;

  1. Challenges of implementation of the provisions of the law by the Customs Administration;
  2. Obsolete and redundant provisions of the EAC CMA Act 2004;
  3. Inapplicable provisions of the Act in current customs operations;
  4. Interpretations of the Act by different Customs Administrations;
  5. Interpretations of legal provisions by Courts and tax tribunals in Partner States;
  6. Practices that are not sanctioned by law.
  7. Mechanisms and forms used in making advance rulings; and
  8. National legislations, mechanisms and forms used in countering anti-counterfeit.

The Secretariat has currently received country proposals for amendments for the comprehensive review of the EAC Customs Management Act 2004. In addition to what has been submitted, The Secretariat is soliciting views from the private sector that will form part of the reviewed Act.

In addition, a the online form below has been developed to simplify the collection of proposals, comments, and views from stakeholders and private sector on areas of consideration during the  review of the EAC CMA. It is for the benefit of the business community to have a trade facilitative law.

Please use the form below to submis your review proposals as per the sample below:

PROPOSED AMENDMENTS FOR EAC CUSTOMS MANAGEMENT ACT 2004

EAC CMA 2004 SECTION

PROPOSED AMENDMENTS

JUSTIFICATION FOR THE AMENDMENT

Section 1 (3) This Act shall commence on the date to be appointed by the Council.

Section 1 (3) This Act shall commence on the 1st January 2005.

The clause is obsolete in relation to (b) in the opener whereas proposal is to delete or amend the clause to accommodate mention of Date of assent: 31st December, 2004 and Date of commencement: 1st January, 2005.

Multiple form submission is accepted.

 

ACCESS EAC CMA 2004 REVIEW - PROPOSAL SUBMISSION FORM HERE


East African Community
EAC Close
Afrika Mashariki Road
P.O. Box 1096
Arusha
United Republic of Tanzania

Tel: +255 (0)27 216 2100
Fax: +255 (0)27 216 2190
Email: eac@eachq.org