This procedure defines how PVOC exempted goods are handled at the Port of entry by KEBS.
This procedure applies to PVoC exempted goods imported through customs gazetted entry points in Kenya manned by KEBS.
3.1 Definition of terms used
For the purpose of this procedure the following terms shall be applied.
3.1.1 Pre- Export Verification of Conformity to Standards Programme (PVoC):
Is a conformity assessment procedure applied on goods destined to Kenya in the country of supply/ origin by KEBS appointed inspection agents to assess their compliance with applicable Kenya Standards or approved specification.
3.1.2 PVoC Exempted goods:
Are raw materials, machines and spares imported by registered local manufacturers; products certified by KEBS under the Diamond Mark of quality product certification and products waived by Government through the cabinet secretary Industry, Trade and cooperative Development.
Is examination of a product design, product, service, process or plant, and determination of their conformity with specific requirements or, on the basis of professional judgment, with general requirements.
3.1.4 Document Verification
Is the process of comparing two or more documents to ensure accuracy, correctness or truth of information.
3.1.5 Diamond Mark of Quality Permit
Is a Permit issued to manufacturers (or authorized representatives) of products meeting KEBS product certification scheme.
3.2 Abbreviations and acronyms
3.2.1 KEBS - Kenya Bureau of Standards
3.2.2 DI- QA & I- Director Quality Assurance and Inspection
3.2.3 HOD INS – Head of Department, Inspection
3.2.4 INS-O – Inspection Officer
3.2.5 OIC – Officer In-Charge of Port of Entry
3.2.6 CoC- Certificate of Compliance
3.2.7 KEBS CD- KEBS Consignment Document created in the National Single Window for cargo clearance
3.2.8 UCR- Unique Consignment Reference
3.2.9 KRA-DPC- Kenya Revenue Authority, Document Processing Centre.
This procedure makes reference to the following documents, which form part of the KEBS QMS documentation
4.1 ISO 9001:2008, Quality Management Systems-requirements
4.2 ISO/IEC 17020:2012 Conformity assessment – Requirements for the operation of various types of bodies performing inspection
4.3 ISO/IEC 17000:2004 Conformity assessment - Vocabulary and general principles
4.4 The Standards Act Cap 496, Laws of Kenya
4.5 Legal Notice Number 78 of July 2005 CAP 496, Laws of Kenya
5.0 PRINCIPAL RESPONSIBILITIES
5.1 DI- QA& I - Shall be responsible for the authorization and administration of this procedure.
5.2 HOD INS - Shall be responsible for the implementation and maintenance of this procedure.
5.3 OIC - Shall be responsible for implementation of this procedure at his or her station.
6.0 PROCESS DETAILS
6.1 Registration of Manufacturers/ Diamond Mark Certified Goods.
6.1.1 Local manufacturers may apply in prescribed forms refer to Annex 1, to KEBS for authority to import raw materials, machines and spares without going through the PVoC programme.
6.1.2 KEBS shall review and issue PVoC exemption certificates to qualified manufacturers within 5 working days.
6.1.3 PVoC exemption certificates (refer to Annex 2) shall give descriptions as well the HS codes of products exempted from the PVoC programme. The certificate shall be valid for 12 months and may be renewed upon application.
6.1.4 KEBS shall maintain a register of products/ machines exempted from PVoC for each manufacturer.
6.1.5 KEBS shall maintain a register of Diamond Mark certified products.
6.2 Authorization to import goods for National project without going through PVoC
6.2.1 Contractors engaged by the Government of Kenya to execute National projects and importers of goods and vehicles deemed to be imported in the national interest may apply to the Cabinet Secretary for Industry, Trade and Cooperatives for waiver of PVoC requirements.
6.2.2 Application for waiver of PVOC requirements for goods being imported for national project/ interest shall be made through the Government Ministry under which the project/interest is resident.
6.2.3 The Ministry of Industry, Trade and Cooperatives shall issue letters waiving the PVoC requirements for goods that have been waived.
6.3 Clearance of PVoC exempted Goods at the Port of Destination in Kenya by KEBS
6.3.1 Clearing agent/ Importer shall be required to create KEBS CD.
6.3.2 Clearing agent/ Importer shall present PVoC exemption certificate or Waiver letter or Diamond Mark of Quality Permit and registered customs entry amongst other import documents to INS-O at the exemptions handling desk established at the port of entry for verification.
6.3.3 INS-O shall carry out document verification. Where ALL the goods/ items declared in registered customs entry are in the PVoC Exemption certificate or Waiver letter or Diamond Mark Permit, the INS-O shall forward the report to OIC recommending issuance CoC within 1 hour of verification.
6.3.4 The HOD-INS or his designate shall then approve issuance of CoC and uploading of CoC data for consignments consisting of 100% PVoC exempted goods to the National Single window (UCR link) within 4 hours of verification.
6.3.5 KRA -DPC officers shall access to the local CoC data from the UCR link in the National Single window and pass customs entry for consignments whose CoC data are available in the link.
6.3.6 Where one or more products/ items declared in the registered customs entry are NOT found in the PVoC Exemption Certificate or Waiver letter or Diamond mark Permit, the INS-O shall raise demand note for payment of applicable inspection fees for the non- PVoC exempted goods by the clearing agent/ Importer.
6.3.7 Upon proof of payment of inspection fees as per clause 6.3.6, the INS-O shall conduct quality inspection on the non- PVOC exempted goods jointly with Customs officers and forward inspection report to OIC for review.
6.3.8 The OIC shall review INS-O report and where it is established that the non-PVOC exempted goods comply with the requirements of the relevant Kenya Standards or approved specification, recommend to HOD- INS issuance of CoC for the consignment.
6.3.9 The HOD-INS or his designate shall approve issuance of CoC and uploading of CoC data for the consignment to the National Single window (UCR link) to facilitate passing of registered customs entry by KRA-DPC officers as per clause 6.3.4 above.
Annex 1: Application form for manufacturers
Annex 2: PVoC Exemption Certificate
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