Export documentation is essential for both exporting and importing customs authorities to finalize shipments. Exporters should ensure that all documentation and declarations are accurately completed to prevent costly fines and delays. While it is feasible to handle the documentation independently, you may opt to hire a freight forwarding company, which will serve as your representative in carrying out various tasks. It is crucial to collaborate with the Kenya Trade Network Agency (KenTrade), a government agency under the National Treasury, tasked with facilitating cross-border trade and establishing, managing, and implementing the National Electronic Single Window System (Trade Facilitation Platform).
Fundamental Export Documentation
A variety of documents are typically utilized in the export process:
Commercial Invoice (certified invoice) – This document serves as the “charge” document, containing information about the seller, buyer, goods, price, and terms of sale (e.g., FOB, CIF), among others. It must comply with the importing country’s requirements, as it is necessary for clearing goods through Customs. Goods sold under a letter of credit must be described on the invoice precisely as they appear in the letter of credit. Additionally, this invoice must fulfill any other conditions specified in the letter of credit and display the marks and numbers of packages as indicated on the bill of lading or other transport documents.
Bill of Lading (B/L) – This is a legal document issued by the shipping company or carrier to the exporter, also referred to as the shipper, which tracks the shipment of goods to the importer. This document outlines the exporter (consignor) and the consignee (importer), the type of goods being exported, quantity, specific handling instructions, and destination port. It serves as a contract between the carrier and the shipper, and also acts as a receipt for the goods shipped when the carrier delivers them to the importer.
Airway Bill (AWB) – The AWB serves as a bill of lading for goods transported by air. Note: courier companies frequently utilize their own documentation that accompanies the goods, which is specific to that transaction.
Certificate of Origin – The origin of goods significantly influences the customs duty rate applied. The exporter must apply for the certificate of origin through the Kenya Revenue Authorities and provide this certification to importers who belong to the same customs union, regional economic community, or free trade agreement (FTA). For further information on the countries with which Kenya has preferential or duty arrangements, and to check if your product qualifies for preferential or duty-free treatment, please visit https://infotradekenya.go.ke/
Freight insurance – Freight insurance is essential to safeguard your business against financial losses that may arise from various risks associated with international (and even domestic) shipping. These risks encompass scenarios such as a container being lost at sea, privacy issues, lost or damaged goods, road accidents, and more!
Packing List – This document outlines the weight, volume, content, and packaging details for each individual export package as well as for the entire shipment. It is often required by customs in the importing country for shipment inspection. Additionally, banks typically request a packing list when a letter of credit is used as the payment method.
Pre-shipment Inspection Certificates – Serving as a means to verify quality, quantity, value, and adherence to export regulations, the majority of products exported from Kenya are subjected to pre-shipment inspection. The specific pre-shipment procedures a product must undergo vary based on the product type and the importing country’s requirements. Additionally, some governments mandate that the Kenya Competent Authorities responsible for phytosanitary and sanitary (public health) matters certify the quality and safety of products intended for export to their nations. The relevant Competent Authorities include:
1. Department of Fisheries – overseeing fish and fish products;
2. Ministry of Health – responsible for public health concerning food products;
3. Kenya Plant Health Inspectorate Service (KEPHIS) – tasked with phytosanitary certification;
1. Directorate of Veterinary Services – managing animal products; and
2. Kenya Bureau of Standards – ensuring quality for manufactured products.
Certain products may necessitate certification from multiple Competent Authorities.
Export Licenses – In Kenya, the products that require export licenses include: military equipment and munitions of war; engines, vessels, aviation and transportation equipment; antiques and works of art; bullions and coins; live animals excluding livestock and domestic pets; archives; wood – charcoal and timber; shells, cowries and corals; ivory, rhino horns, and other items associated with endangered species; as well as human bones.