EAC Revised Rules of Origin Out Soon


By ADAM IHUCHA-- Better days for the East African traders are in the offing as the revised rules of origin are set to be rolled-out anytime soon. 

The rules of origin determine the eligibility of products that qualify for EAC’s zero import duty to goods originating in the EAC Partner States in a bid to spur intra-regional trade.

Experts say the application of rules of origin normally reduce the prices of the region products as they enjoy free import duty and thus becomes affordable for the local populace.

The East African Business Council (EABC) says that the EAC secretariat is finalizing plans to unveil the revised rules of origin with an eye to stimulate cross border business.

“We are looking forward for the rollout of the new set of rules of origin soon as the EAC executive arm has completed their revision” EABC Trade economist, Adrian Njau told their members. 

Sources from EAC say that the procedures are likely to be enforced immediately after the Summit of heads of the states in November.

The EAC’s Customs Union protocol provides for the rules of origin, but, since its inception in 2005, business community has been complaining that they are difficult to use, involve protract process to acquire and some partner states do not recognize, compelling them to pay all taxes even for the goods eligible for zero import duty.
For instance, Uganda and Tanzania have since been refused to recognize the EAC rules of origin granted to several Kenyan tobacco products, testing their commitment into trade liberalization.
Both Kampala and Dar demand Kenya’s tobacco products to contain 70 per cent and 75 per cent of local content respectively in order to enjoy free import duty.
Kenya’s British American Tobacco says that the 75 per cent local content required by Tanzania Revenue Authority (TRA) does not recognize the EAC rules of origin as articulated into customs union protocol.
It is understood that Uganda Revenue Authority (URA) had also directed that tobacco products imported from Kenya must contain 70 per cent of local tobacco content.
However, under the EAC rules of origin, only goods produced wholly from local inputs or made from imported raw materials — with 35 per cent of the ex-factory value being added from within the region — are allowed to cross national borders without being taxed.
This, among others, blamed for the dismal performance of intra-EAC trade, forcing the EAC to review the procedures to provide maximum benefit to the economies of the partner States in the face of over changing economic environment.
Idea is to ensure that there is uniformity among partner states in the application of rules of origin and that to the extent possible, the process becomes transparent, accountable, fair, predictable and consistent with the provisions of the Customs Union Protocol.
In addition, the EAC also saw the need to have sets of rules of origin, which are compatible with other preferential trade regimes such as EAC –EU Economic Partnership Agreement (EAC-EU EPA), and Tripartite Free Trade Area (FTA).
“This is a very good news that EAC has completed revision of its rules of origin and that plans are afoot to release them. We hope they will be simple, trader friendly, and more importantly accessible and are uniformly applicable across the five partner states,” says Kenneth Barungi from Madhvani Group in Uganda.
Changes
In the revised sets of the rules of origin agreed on by the EAC partner states, the value threshold has been lowered from 35 per cent to 30 per cent local imports and will be calculated by using the Ex-Works price instead of the Ex-factory.
Ex-works are charges only up to the seller’s factory or premises. All charges from there on, such delivery, distribution and commissions, are to be borne by the buyer, whereas ex-factory means the price at the factory, and does not include any other charges such as delivery or subsequent taxes.

Tariff heading (CTH) has been made more flexible to some goods by 
allowing change in tariff sub-headings, the draft shows.

Other changes include an introduction of specific manufacturing process as qualifying criterion to some goods such as manufacturing from completely knocked down (CKD) kits for motor vehicles assembled in the region.

Likely beneficiaries of the new rules of origin include manufacturers of edible oils, beauty products, milk products, television sets, car assembly and lubricants makers.

The sets of rules of origin also revised the definition of a fishing vessel of partner states by lowering the threshold of ownership from 75 percent to 20 percent.

In the list there’s an introduction of a rule that provides for the treatment of goods sold in sets and establishment of central database of registered exporters at the Secretariat.

There’s also a provision for other forms of cumulation other than full accumulation such as agglomerated 
with countries or regional economic communities that EAC has concluded a free trade 
with.
The new rules also introduce a rule on approved exporter were the competent authorities of the 
exporting Partner States may authorize any who makes frequent shipments of 
products.

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