Sugar (Imports, Exports and By-products) Regulations, 2003 (L.N. No. 39 of 2003)

LEGAL NOTICE No. 39 THE SUGAR ACT (No. 100/2001) IN EXERCISE of the powers conferred by section 33 of the Sugar Act. 2001. the Minister for Agriculture and Livestock Development. in consultation with the Board. makes the following Regulations: THE SUGAR (IMPORTS. EXPORTS AND BY-PRODUCTS) REGULATIONS. 2003 I. These Regulations may be cited as the Sugar (Imports. Exports Citation. and By-Products) Regulations. 2003. 2. In theseRegulations. unless thecontextotherwise requires- Interpretation. "certifloate of registration" means a certificate issued by the Board in accordance with regulation 4; "registered exporter" means a person who holds a certificate of registration issued by the Board to take or cause to be taken out of Kenya sugar and its by-products; "registered importer" means a person who holds a certificate of registration issued by the Board to bring or cause to be brought into Kenya sugar and its by-products. 3. (I) Every person who imports or exports sugar or its by- App,,,.tionfo< products shall apply for a certificate of registration from the Board. reg'seation. (2) An application for a certificate of registration for imports shall be in Form A as set out in the Schedule. (3) An application for a certificate of registration for exports shall be in Form C as set out in the Schedule. 4. (I) Where the Board approves ...n application for registration Conifienle of under these Regulations. it shall on payment of a registration fee .of ten regi on. thousand shillings register the applicant by entering the name and such other particulars as it may determine in the register maintained under regulation 5. Register. Estimatesand allocations. Returns Offences. (2) The Board shall, upon registering an applicant under paragraph (I) issue to the applicant a certificate of registration in Form B or D as the case requires, in the Schedule to these ReguJations. (3) A certificate issued under these Regulations shall be subject to such conditions as the Board may. with the written approval of the ~inister. im~se. (4) The certificate of registration shall last for one year and shall be renewable on payment of the fee prescribed in paragraph (I). 5. The Board shall maintain a register of all importers and exporters registered in accordance with these Regulations. 6. (I) The Board shall determine annually the amount of refined sugar required by manufacturers and other sugar intended for local consumption taking into account the shortfall in the domestic production. (2) Pursuant to paragraph (I), the Board shall allocate quantities or invite tenders or offer for auction such quantities to be imported by registered importers. (3) Every tender or auction under paragraph (2) shall be published in the Gazette and at least in two daily newspapers of national circulation and in any other manner as the Board may determine. (4) Notwithstanding the provisions of paragraph (2). the Board may demand the quantities intended for tenders or auction be specified for the entire or partof the year in relation to Kenya's need. 7. Every registered importer or exporter shall make returns to the Board in the manner prescribed in Forms E and F as the case may require. in the Schedule. 8. (I) Any person who (a)imports or exports sugar Or its by-products without a certificate of registration; or (b)fails to make returns to the Board as required by these Regulations. commits an offence and shall be liable on conviction to a fine not exceeding six thousand shillings, or to imprisonment for a tenn not exceeding six months, or to both. (2) The Board may cancel the certificate of registration of a person convicted of an offence underthis regulation. (3) A person whose certificate of registration has been cancelled may appeal against the decision to the Minister, FORMA SCHEDULE (r..3 (2)) THE SUGAR ACT (No.IOo!2001) APPLICATION FOR CERTIFICATE OF REGISTRATION t . Name of appl icant: , . 2. Address: . 3. Telephone Number: . 4. Physical Location: . 5. Division: . 6. DistrictIProvince: . 7. L.R. NO.lNos: . 8.. Names of Directors and addresses Name/Address: Signature: . Name/Address: Signature: . Name!Address: Signature: . 9. Warehouse Capacity: . Metric Tonnes Physical Address: . L.R. No.: . 10. Previous Experience: .. Quantity of sugar imported in the last 12 months (tonnes) Type of sugar (specify) . Country of origin . CIF Value: . Dates of importation . Last registration number by the Board or its predecessor . II. Source of Sugar/Country of origin in respect of this application .........••.•............................•.............•..... ~ ...............•.. 12. 13. 14. Intended use of sugarrby-products: Human Consumption Industrial Manufacturing ................... Further processing Transit . Application is made for permission to import sugar in accordance with the particulars given above, which are hereby certified to be correct. The memorandum and articles of association and a copy of the most recent audited accounts ofour company are attached. I certify that the information given in this application is true and correct to the best of my belief. Name of signatory: . Signature: Dale: . (Applicant) Decision of the Kenya Sugar Board: Approved/Not ApprovedlDeferred at a meeting of the Board held on ....................... (date) Name: .. Signature: Date: . Chief Executive Kenya Sugar Board FORMB (r.4 (2)) THE SUGAR ACT (No. 10 of200I) CERTIFICATE OF REGISTRAnON OF IMPORTERS THIS IS TO CERTIFY THAT: Name: ,. . Address: ,. ........•. Physical Location: ...............................•.............................. Division: '" . DislrictJ Province: ....................................•...................•......• L.R. No.1 Nos: Name of Building: . ... .islare hereby registered as an importer of sugar and by-products. Registration Certificate No . Date: . ChiefExecutive Kenya Sugar Board Signature/Seal Stamp. FORM C (r.3 (3)) THE SUGAR ACT (No. 10of200 I) APPLICAnON FOR REGISTRAnON AS AN EXPORTER I. Name of Applicant: . 2. Postal Address: . 3. Address of premises at which exports are to be carried out: . 4. IIWe' hereby apply for registration as a sugar exporter in accordance with the terms. of the regulations made under the Sugar Act, 200 J• Date: Signed: .. (Applicant or his duly authorized Agent) FORMD (,.4(2)) THE SUGAR ACT (No. 100/2001) CERTIFICATE OF REGISTRATION OF EXPORTERS THIS IS TO CERTIFY THAT: Name: . Address: .. Physical Location: . Division: , , . District/ Province: . L.R. No.1 Nos: Name of Building: .. ' •...................................... ~ ..is/are hereby registered as an exporter of sugar and by-products, Registration Certificate No . Date: . Chief Executive Kenya Sugar Board. Signature/Seal Stamp. FOJ{M E THE SUGAR ACT (No. lOof2(01) SUGAR IMPORTS RETURNS (CONFIDENTIAL) (r.7) I. Name of importer: . 2. Address: . 3. Details of sugar I by-products imports (a) Port and Country of origin . (b) Manifest Numbers at Gazetted entry points . (c) Category of import Quantity . (t!) C.I.F. value .. 4. Utilization of imports. Please give detailed breakdown of utilization under following categories: (If space is inadequate provide attachment) (a) Direct human consumption (give a full list of purchasers, addresses, physical location and quantities purchased) (b) Industrial manufacturing (specify type of products in which sugar was used and production returns for the period) (c) Raw sugar for processing (specify quality of raw sugar processed into mill white, refined sugar, brown sugar or other by-products. Also give a full list, addresses arid physical locations of all the' end users of the processed goods.) , . VI> Transit sugar (provide fuil details of the quantities imported and exported including the dates of actual export at entry and exit points. Also attach copieS of re-export certificates duly signed) , . 5 . Full name and address of buyer and consignee .. 6. Name and address of warehouse where sugar can be inspected •••••••••••••••• -••••••••••••,•••••••••. 4 ; ' •••.••• ........... ~ . 7. Sugar short shipment if (any): Manifest Invoice Type No. of Net Weight Numbers No. Bags (kilograms) (a) ......... ........... .......... ............ (b) ........ ........... ............. (e) ......... ........... .......... ............ (d) ........ ........... ........... ............. (e) ......... ........... .......... ............. (IfSpace provided is not adequate provide an attachment) NB: ApplicaAt to attaCh certificate copies of the following documents for verification: (a) Sale contract (b) Letter of credit I Telegraphic Transfer Documents (e) Ccmmercial invoice (d) Brokers invoice; and (e) Sheet (where applicable) if) Sugar Development Levy payment slip. Full Names: Signature: .. Date: , . For official use: AUTHENTICATION BY THE KENYA SUGAR BOARD .... ,............................ Date: .. SIGNATURE ANDSTAMP FORM F THE SUGAR ACT (No. 10 of2oo I) SUGAR EXPORTS RETURNS (CONFIDENTIAL) ......(r.7) 1. Name of exporter . 2. Address: . 3. Physical Location: . 4. Business License of the Company: . 5. Certificate of registration by the Board: . 6. Category of sugar / by-product: . 7. Origin of sugar / by-product: . 8. Quantity of sugar intended for export: . 9. Ex-factory price: , . 10. Mode of transport: . 11. FOB value ofexports: . 12. Dates and quantities actually exported: Destination: . 13. Port of export / exit: . 14. Attach copies of certified export documents at exit points. 15. I certify that the information provided is true and correct to my belief. 16: (a) Sale contract number: , . (b) Sale contract date: . (a) Unit price US$/Stg. Pound . (b) Terms of payment , . (c) Port andcountry of.destination . (If space provided is not adequate provide an attachment) 17. Full name and address of buyer . NBt Applicant to attach certificate copies of the following documents for verification: (a) Sale contract (b) Letter of credit I Telegraphic Transfer Documents (c) Commercial invoice Full Names: Signature . Date: .. For official use: AUTHENTICATION BY THE KENYA SUGAR BOARD Date: . Made on 9th April, 2003. KIPRUTO ARAP KIRWA, Ministerfor Agriculture and Livestock Development.