20th Anniversary Banner

 
 

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

EAC AEO Frequently Asked Questions

  • Who is eligible for the Regional AEO Program?

Any company that is registered in any one of the EAC Partner States and has been in operation for at least one year and its business plays a role along the international trade supply chain.

  • Where do I apply for the program?

Application forms can be obtained from the Customs Office in the Partner State where your business is registered. In the future, the application forms will be available online. Fill in the form and return to Customs office.

  • How long does it take to process my application?

If the application is properly filled and all the required attachments are provided then process should take a maximum of 60 days from the time of acceptance.

  • What are the real benefits of being an AEO?

There are many benefits of becoming an AEO and there are even more benefits of being a regional AEO. These include; good reputation for your company – recognition as a low risk reliable business, expedited processing while at Customs, cost savings, increased turnover and profitability. Please contact Customs office for further information.

  • How much is the application fee for becoming AEO?

The Application for AEO status is voluntary and free.

  •  How do I get recognised in other Partner States when I transact business in a Partner State other than the one I registered from?

The Customs IT system in each Partner State has been equipped with an identifier that can tell an AEO transaction. However, should it be necessary, please feel free to introduce yourself to the Customs officers at any service point

  • For how long does the certificate remain valid?

Once granted the AEO status, you will be issued with a certificate which is valid for 3 years. After the three-year period, your performance will be evaluated, and if found satisfactory, then the certificate will be renewed. If the performance is not satisfactory then your status may be suspended or revoked.

  • After I get the AEO Status, can I opt out?

The AEO is free to opt out of the program at any time upon giving notification to the Commissioner Customs.

  • I don’t transact business with other Partner States, why should I bother with becoming a regional AEO?

The AEO status does not only grant you benefits within the boundaries of EAC, with MRAs, the benefits extend to other countries and therefore an AEO receives recognition even when transacting business outside EAC.

  • Who do I contact in case I have matters for the attention of Customs

In each Partner State, the Customs administration has a contact point. Please see the list under contacts

EAC Authorized Economic Operator (AEO)

Background

The EAC regional Authorized Economic Operator (AEO) program was conceived by the Commissioners of Customs of the East African (EAC) countries of Burundi, Kenya, Rwanda, Tanzania and Uganda in 2006 after the adoption of the World Customs Organization (WCO) SAFE Framework of Standards by the WCO Council in 2005. The Commissioners’ decision was in line with the EAC Protocol that requires the EAC region to set up a Customs Union as one of the building blocks for regional integration. The decision was also prompted by the consideration that since the AEO program is about trade facilitation and the security of the supply chain, traders and Customs stood to gain more if the whole supply chain within the region is covered under one program.

The AEO program is a WCO program that is being implemented worldwide. It aims to enhance Customs efficiency in the face of increasing volumes of trade and the increasing vulnerability of the international trade supply chain to security threats as well as the use of the international trade supply chain as a conduit for high security risk materials. The AEO program tackles these challenges by shifting the perspective, so that instead of focussing on the goods themselves, Customs focus on the traders. The compliant traders are therefore given the AEO status which means they are low risk companies and can therefore be trusted by Customs. This implies that Customs can handle the consignments of such companies with less controls compared to others. That way the AEO program is an instrument for growing compliance.

The EAC Customs administrations face the same problems just like other Customs administrations around the world. After all, international trade is always about goods moving from one country to another. The AEO program is therefore looked at as one of the programs that will help Customs within the EAC improve efficiency and effectiveness in securing the international trade supply chain while at the same time facilitating trade.

The AEO program is designed to facilitate and enhance the experience of the complaint trader when undergoing Customs clearance processes.

The simplified procedures for AEOs has had tremendous effect with regard to reducing the cost associated with the movement and clearance of goods. The EAC is currently pursuing mutual recognition with other trading blocs, a move which will lead to EAC AEOs enjoying more benefits when trading outside EAC region.

Joining the Regional AEO program therefore opens the doors for unlimited opportunities and the key to unlock the potential of your business. It is the Customs way of supporting business and for business to support development in the EAC region

How it Works

The EAC Regional AEO program covers and is applicable in all the Partner States namely Burundi, Kenya, Rwanda, Tanzania and Uganda save for the Republic of South Sudan which was not a member Partner State of EAC at the commencement of the programme. However, plans are underway to operationalize the program in the Republic of South Sudan.

The regional AEO program operates under a common set of criteria, instruments, authorisation process, benefits and monitoring system in all the Partner States.

An applicant for AEO Status, irrespective of the Partner State therefore goes through the same set of criteria like her/his counterparts in other Partner States.

The Customs experts who administer these criteria are trained together to ensure harmonisation and uniformity in process.

Authorization Process

The authorisation process can be summarised into a four-stage process as below;

  1. The application is lodged with the national Customs administration, which takes it through the Authorisation process.

  2. Once satisfied that the applicant qualifies, the national Customs administration checks compliance records of the applicant with the Customs administrations in the other Partner Sates and approves the applicant’s application.
  3. The applicant is invited to sign a Memorandum of Understanding (MoU) which is done by the Customs Administration on behalf of EAC.
  4. EAC Secretariat issues a certificate to the applicant.

 Benefits

General

  1. Recognition as low risk company 

  2. Faster Clearance procedures with 
Customs 


Benefits offered by Customs

  1. Automatic passing of declaration 

  2. No physical examination of goods, except 
for random or risk based interventions. 

  3. ECTS requirement waiver where 
applicable
  4. Expedited payment of refund claim 

  5. Reduced Customs security where 
applicable 

  6. Priority to participate in Customs 
initiatives 

  7. Guaranteed renewal of Customs license 

  8. Priority treatment in cargo clearance 
chain 

  9. Waiver of movement bond requirements 
for AEO 

  10. Self-management of bonded warehouse

Director General (Customs & Trade)

The Director General (Customs and Trade) will provide Strategic leadership in the process of developing, formulating, coordinating and facilitating implementation of Customs and Trade activities of the Community as stipulated in the EAC Treaty on matters related to development of EAC’s overall Development strategy and Corporate strategic plans and advise the Community on the policy issues of Customs and Trade.


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