The National Electronic Single Window System Act No 25of 2022 - as Plain Text by MWakili

NATION.^ COUNCIL FOR LAW REPORTING LIBRARY SPECIAL ISSUE Kenya Gazette Supplement No.

109 (Acts No.

25) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 27th June, 2022 CONTENT Act Page 301 The National Electronic Single Window System Act, 2022 national council FOU LA'^' hecorik^gR rJ CE EV CiO 08 JUL 2022 P.

O, Box 1w44 C91C0, NAiRQLi, TEL; 2719231 FM : 2?-12^-94 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER.

NAIROBI 30 1 THE NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM ACT, 2022 No.

25 of 2022 Date of Assent: 21st June, 2022 Date of Commencement: 11th July, 2022 ARRANGEMENT OF CLAUSES Clause PART I- PRELIMINARY 1.

Short title.

2.

Interpretation.

3.

Objective of the Act.

4.

Application of the Act.

5.

Guiding principles.

PART H- ESTABLISHMENT AND ADMINISTRATION OF THE NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM 6.Establishment of the National Electronic Single Window System.

7.

Objectives of the System.

8.

Administration of the System.

9.

Other agencies to co-operate with the Agency.

10.

Technical aspects of the System.

11.

Fees.

12.

Registration of users.

13.

Co-operation with other institutions or agencies.

PART m - IMPROVING CERTAINTY IN RELATION TO ELECTRONIC INFORMATION AND ELECTRONIC COMMUNICATIONS IN THE SYSTEM 14.

Agency to be responsible for electronic transactions relating to trade.

15.

Legal effect of electronic records.

302 2022 National Electronic Single Window System No.

25 to 16.

Electronic submission of documents and access i nf ormation.

17.

Notarisation, acknowledgment and certification.

18.

Multiple copies and seal requirements.

19.

Time of dispatch.

20.

Time of receipt.

21.

Integrity of information to be maintained.

22.

Delivery of data message.

23.

Requirements relating to retention of information.

in 24.

Requirement to provide or produce information electronic form.

in 25.

- Requirement to provide or produce information paper form.

PART IV - ESTABLISHM ENT AND FUNCTIONS OF Tfl E AGENCY 26.

Establishment of the Agency.

27.

Functions of die Agency.

28.

Board of Directors.

29.

Powers of the B oard.

30.

Delegation by the Board.

31.

The Chief Executive Officer.

32.

Staff of the Agency.

PART V - FINANCIAL PROVISIONS 33.

Funds of the Authority.

34.

Financial Y ear.

35.

Annual budget estimates.

36.

Accounts and Audit.

PART VI - I5ENERAL PROVISIONS 37.

Copyright.

38.

Security of the System.

39.

Limitation of liability in relation to the System.

303 2022 National Electronic Single Window System No.

25 40.

General Penalty.

41.

Sanctions.

42.

Regulations.

43.

Repeal of Legal Notice No.

6 of 2011.

44.

Transition.

45.

Consequential amendments.

SCHEDULE 304 2022 National Electronic Single Window System No.

25 THE NATIONAL ELECTRONIC SINGLE W INDOW SYSTEM ACT, 2022 AN ACT of Parliament to provide for the establishment and operationalization of the National Electronic Single Window System in order to facilitate trade, the establishment of the Kenya Trade Network Agency, to provide for electronic transactions, and for connected purposes ENACTED by Parliament of Kenya, as follows PART I - PREL IM INARY Short title.

1.

This Act may be cited as the National Electronic Single Window System Act, 2022.

2.

In this Act, unless the context otherwise interpretation, requires addressee in respect of a data message, means a data person who is intended by the person originating the message to receive the data message, but not a person acting as an intermediary in respect of the data message; advanced electronic signature has the meaning No.

2 of 1998.

and assigned to it under section 2 of the Kenya Information Communications Act, 1998; a Agency means the Kenya Trade Network Agency established under section 26; authorised person means a person authorised by the Agency as a user of the System; Board means the Board of Directors of the Agency established under section 28; ( ft.

Cabinet Secretary means the Cabinet Secretary for fi nance; the time being responsible for matters relating to computer has the meaning assigned to it under section 2 of the Kenya Information and Communications No.

2 of 1998.

Act, 1998; customs has the meaning assigned to it under section 2 (1) of the East African Community Customs No.

1 of 2005.

Management Act, 2004; 2 data has the meaning assigned to it under section No.

2 of 1998.

the Kenya Information and Communications Act, 1998; data message means data message generated, sent, received or stored by computer and includes I - L 305 2022 National Electronic Single Window System No.

25 (a) voice, where the voice is used in an automated transaction; and (b) a stored record; disclosure in relation to personal i nformation, includes the disclosure of information extracted from data or the transfer of such data, but does not include a disclosure made directly by a user to an employee or agent for the purposes of enabling the employee or agent to carry out the employees or agents duties; electronic form has the meaning assigned to it under section 2 of the Kenya Information and Communications No.

2 of 1998.

Act, 1998; electronic record has the meaning assigned to it under section 2 of the Kenya Information and No.

2 of 1998.

Communications Act, 1998; it electronic signature has the meaning assigned to under section 2 of the Kenya Information and No.

2 of 1998.

Communications Act, 1998; electronic communication means communication by means of data messages; electronic records system includes a computer is system or other similar device by or in which data and recorded or stored and the procedure for recording storing of electronic records; electronic transaction means the exchange of or information or data or the sale or purchase of goods services between businesses, households, individuals, governments or public or private organizations, conducted over computer-mediated networks; information includes data, text, images, sounds, codes, computer programmes, software and databases; information system means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages and includes the internet or any other information sharing system; intermediary means a person who, on behalf of receives another person, whether as an agent or not, sends, or stores a particular data message or provides other services with regard to that message; 306 2022 Nati onal Electronic Single Window System No.

25 ori ginator means a person by whom or on whose behalf, a data message is sent or generated pri or to storage, in but does not include a person acting as an intermediary respect of that data message; ( 4 services include any facility and value-addition products offered by the Agency or any user of the System for facilitating trade; 44 System means the National Electronic Single Window System established under section 6; 44 service level agreement means any contract entered into between the Agency and a user of the System that is defines the level of service that the user of the System expected to provide; 44 Cap.

los.

Shippers Council of East Afri ca means the Shippers Act; Council of East Afri ca registered under the Societies and trade means domestic, cross-border and in international trade on goods either through exchange airports, seaport, dry ports or imports or exports on exports on transit.

objective of the 3.

The objective of the Act is to provide a single of platform for facilitation of trade through integration systems of Govemmeitt and pri vate entities.

of the 4.

The Act shall apply to Government entities.

Application persons importing or expc^ ing goods and to persons i nvolved in domestic trade.

5.

The Agency and users of the System shall be ouiding guided by the following pri nciples (a) simplicity and practicability; (b) cost effectiveness; (c) non-discri mination; (d) consistency and predictability; (e) modernization and use of new technology; and (f) due process and cooperation.

PART n - THE ESTABLISHM ENT AND ADMINISTRATION OF THE NATIONAL ELECTRONIC SINGLE W INDOW SYSTEM The establishment 6.

(1) There is established a system to be known as of the N ational the National Electronic Single Window System.

Electronic Single Window System.

307 2022 National Electronic Single Window System No.

25 and (2) The System shall serve as a^single entry point platform for any person involved in trade and transport to (a) lodge documents electronically including import or export documents for processing and approval; and (b) facilitate the electronic payment for fees and levies, due to the Government, on goods imported or exported for transactions submitted through the System.

(3) Despite subsection (2), the System may be used by a person involved in domestic trade transactions.

Objectives of the 7.

The main objectives of the System shall be System.

and (a) to facilitate the single-entry point submission receipt of documents or any other information required for trade facilitation; (b) to enable the synchronized processing of data or information; (c) to facilitate electronic transactions in trade and reduce legal and operational barriers to electronic transactions; and (d) to facilitate co-ordination and partnership among the department responsible for customs, other relevant Government ministries.

Government entities or agencies and industry players dealing with trade or trade facilitation.

Administra tion of 8.

(1) The System shall be administered by the the System.

Agency.

(2) The Agency shall maintain the integrity and security System.

agencies to 9.

Government entities shall co-operate with the other Agency in- (a) making and conducting service level agreements; (b) digitizing and aligning of internal operations; (c) registration for use of the System; (d) payment of fees and levies approved by the Cabinet Secretary; 308 2022 National Electronic Single Window System No.

25 (e) the maintenance of integri ty of the System; (f) the maintenance of the securi ty of the System; (g) discovery of evidence for court proceedings which relate to the System; (h) generation of data for official use by the Agency; in (i) respect for intellectual property ri ghts of others the use of the System; and (j) any other area that may be necessary for the attainment of the objectives of the Act.

10.

(1) The Agency shall adopt relevant system internationally accepted standards, procedures, documents, technical details and f orm alities f or t he ef f ective implementation of the System.

(2) The processes and technical aspects of the System shall be guided by the following pri nciples (a) transparency in relation to procedures being undertaken through the System; (b) securi ty of trade data; (c) simplicity and accessibility; (d) confidentiality and pri vacy; (e) reliability and consistency; (f) scalability and interoperability; and (g) efficiency.

Fees.

11, The Agency may (a) subject to the approval by the Cabinet Secretary, levy nominal fees for its services as may be specified through a notice; and of any (b) facilitate, through the System, the collection other dues as agreed upon by relevant Government ministries, departments or agencies as provided for under any wri tten law.

Registration of 12.(1) A person who is required to use the System u se rs.

of the shall apply to the Agency to be registered as a user System.

the (2) An application under subsection (1) shall be in prescri bed form.

309 2022 National Electronic Single Window System No.

25 (3) The Agency shall (a) issue a notification of registration to a registered user of the System; and (b) keep and maintain an electronic register of the registered users.

(4) The Agency may (a) reject an application under this section where a person fails to meet the conditions specified in the Regulations or any other law; (b) deregister a person registered under this section where the person (i) contravenes the conditions specified in the Regulations made under this Act or any other law; or (ii) has been convicted of an offence under this Act or any other relevant law relating to improper access to or interference with the System.

co-operation with 13.

The Agency shall, for the purposes of establishing a regional or international electronic single window system (a) be the national lead agency; and (b) collaborate with regional and international institutions or agencies.

PART m - IMPROVm G CERTAINTY IN RELATION TO ELECTRONIC INFORMATION AND ELECTRONIC COMMUNICATION IN THE SYSTEM to be 14.(1) The provisions of Part VIA of the Kenya Agency Information and Communications Act, 1998, or any other transactions Jaw relating to electronic transactions and cyber security '-Shall apply to the System.

> trade.

(2) The Agency shall, in relation to electronic t ransactions conducted under the System, have and exercise (Hie powers to (a) facilitate electronic transactions by use of reliable electronic records; and 310 2022 National Electronic Single Window System No.

25 (b) promote public confidence in the integrity and reliability of electronic records in the system.

effect of 15.

Information submitted, communicated or referred shall to m an electronic form in the System by the user, a have the same legal effect as if it was submitted in physical form.

Electronic 16.(1) A legal requirement under any law that submission of be documents and requires info rmation or document to be in writing shall access to in deemed to have been met if the information or document i nformation.

the System is (a) produced, recorded, retained or presented in the form of a data message; and f or (b) readily accessible in a manner which is usable subsequent reference.

(2) The Agency may provide information in the System for use by an authorised person.

(3) The System shall enable the users of the platform to (a) make a request for registration or deregistration; (b) make an application; (c) give, send or serve a notification; (d) make, vary or cancel a transaction; (e) deregister users; and (f) handle any other matter that is relevant to the objects of the Act.

(4) Despite any other provision in this Act, a legal the prescription relating to the form or layout of, or si mil ar materials to be used for writing, information, or any the requirement in the System, may not be compiled during generation of information from the System.

Notari sation, 17.(1) A signature, a statement or a document that acknowledgement made and certification.

requires to be notarised, acknowledged, verified or under oath shall be fulfilled in the System by a secure to sign or electronic signature of a person authorised by law notarise the document attached, incorporated or is logically associated with the electronic record.

(2) Where a person is required or permitted to provide f orm a certified copy of a document which is in electronic 311 2022 Nati onal Electronic Single Window System No.

25 in the System, the requirement shall be deemed to have has been fulfilled if that person provides a printout that been certifi ed to be a true copy of the document.

(3) Where a person is required or permitted to provide ina certifi ed copy of a document and the document exists be paper or other physical form, that requirement shall of the deemed to have been fulfi lled if an electronic copy and document is certifi ed to be a true copy of the document of the certifi cation is confi rmed by the electronic signature which is a person who is authorised to certify the document verifi ed in advance in the System.

Multiple copies 18.(1) A requirement that multiple copies of a and Seal document in the System are to be submitted to a person re quire ments.

simultaneously shall be deemed to have been fulfi lled by submitting a single data message which is capable of being reproduced by the person to whom the data message is submitted.

(2) Where a document in the System is required to be f orm sealed and the law does not prescribe the method or by which it shall be sealed, that document may be sealed by electronic means.

(3) For purposes of subsection (2), a document is of sealed if the document includes the electronic signature the person authorised to seal the document.

Time of dispatch, 19.

An electronic communication in the System shall be deemed to have been dispatched at the time the electronic communication fi rst enters an i nf ormation system outside the control of the originator.

Time of re ceipt, 20.

An electronic communication in the System shall be deemed to have been received an (a) in the case of an addressee who has designated information system for the purpose of receiving electronic communications, at the time the electronic communication enters that information system; or (b) in any other case, at the time the electronic communication comes to the attention of the addressee.

Integrity of of 21.(1) For the purposes of this Part, the integrity information to be i nf ormation shall be deemed to have been m aintained in the maintained.

312 No.

25 2022 National Electronic Single Window System System if the information has remained complete and unaltered.

(2) Despite subsection (1), the integrity of the information shall not be deemed to have been altered merely because of the addition of any endorsement, or any cour se material change that may have arisen in the normal of communication, storage or display.

Delivery of data 22.(1) Where the originator of a data message in the System specifies that the receipt of the message is be conditional on acknowledgment, the data message shall deemed as having not been sent until such acknowledgement is received by the originator.

(2) Where the originator of a data message in the System specifies that the message is conditional on receipt of an acknowledgment within a specified or agreed peric^ and the acknowledgment is not received by the originator has been within the period specified or agreed or, if no time the specified or agreed upon, within a reasonable time, originator may- an fa) give motice to the addressee stating that acknowledgment has not been received and specify a reasonable time within which the acknowledgnuKit should be re ceived; and (b) upon notice to the addressee (i) treat the data message as though it has never been sent; or (ii) exercise any other rights that the addressee may have in respect of the data message.

(3) Where the originator of the System does not specify that the acknowledgment is to be given in a particular form or by a particular method, the acknowledgment may be given by (a) any communication fr om the ^addressee, whether automated or otherwise; or to (b) ;any conduct of Ihe addressee'which is sufficient indicate 'to 'the omginator that the addressee has received ithedatamessage.

(4) Where the originator of a idata message in the System receives an acknowledgment *fr om the addressee.

r 313 2022 National Electronic Single Window System No.

25 be and unless there is evidence to the contrary, it shall presumed that the addressee received the data message.

(5) The presumption contemplated under subsection record (4) shall not imply that the content of the electronic correspond to the content of the record that has been received.

(6) Where the acknowledgment of a data message technical states that the related data message fulfilled the requirements, either agreed upon or prescribed in applicable standards, it shall be presumed that those requirements have been made.

(7) Except in so far as it relates to sending or receiving of a data message, this section shall not apply to the legal the consequences that arise from the data message or from acknowledgment of its receipt.

Requirements 23.

In addition to the requirements prescribed under reJ2 n of section 831 of the Kenya Information and Communication that is information, Act, where a person is required to retain information contained in the System, that person shall (a) also retain such information he or she has obtained that may enable the identification of (i) the origin of electronic communication; (ii) the destination of the electronic communication; and (iii) the time when the electronic communication was sent and when it was received; (b) ensure that the i nformation referred to in paragraph(a), is readily accessible for subsequent reference.

Requirement to 24.

The Agency shall provide or produce information that is in paper or other non-electronic form by providing or prod!fce'^ producing the information in electronic form, whether by information in if eiectromc form, means of an electronic communication or otherwise, (a) the form and means of the provision or production of the information ensures the maintenance of the integrity of the information, and the information is readily accessible'for subsequent reference; and to (b) the person to whom the information is required be provided -or produced consents to the 3 14 2022 National Electronic Single Window System No.

25 information being provided or produced in an electronic form and, where applicable, by means of an electronic communication.

Requirement to 25.

The Agency shall when required, provide or provide or to produce information that is in electronic form produce i nf ormation in paper form.

(a) in a paper or other non-electronic form and where the maintenance of the information cannot be assured, the authorised user who is required to provide or produce the information shall (i) notify every person to whom the information is required to be provided or produced, of that f act; and (ii) if requested to do so, provide or produce the i nf ormation in electronic form in accordance with the provisions of paragraph (b).

(b) in electronic form, whether by means of an electronic communication or otherwise, if (i) the form and means of the provision or production of the information assures the maintenance of the i ntegrity of the information; (ii) the i nformation is readily accessible for subsequent reference; and (iii) the person to whom information is required to be provided or produced consents to the provision or production of the information in an electronic form and, if applicable, by means of an electronic communication.

PART rV- ESTABLISHM ENT AND FUNCTIONS OF THE K ENYA TRADE NETW ORK AGENCY Establishment of 26.(1) There is hereby established an agency known the Agency.

as the Kenya Trade Network Agency.

(2) The Agency shall be a body corporate with its perpetual succession and a common seal and shall, in corporate name be capable of (a) suing and being sued; (b) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; 3 15 2022 National Electronic Single Window System No.

25 (c) borrowing and making investments; and (d) doing or performing all such other things or acts, including entering into contracts as may be necessary or expedient for the furtherance of this Act and which may lawfully be done by a body corporate.

(3) The headquarters of the Agency shall be in Nairobi.

Functions of the 27.

The functions of the Agency shall be to Agency.

(a) establish and manage the System and to facilitate trade; (b) implement policies relating to the System; (c) integrate electronic systems of public and private entities involved in receipting, processing and approving documents relating to international trade transactions; (d) provide an electronic platform for ' issuance of permits or approvals through the system; (e) develop, manage, and promote interchange of electronic data for facilitation of trade; in (f) undertake and co-ordinate research and surveys electronic commerce aimed at simplifying and harmonizing trade documentation; (g) maintain an electronic database of all imported and exported goods and services and the levies, fees, duties and taxes charged on imported or exported goods and services; (h) collect and provide trade statistics; (i) plan, develop, monitor and evaluate training programmes for all stakeholders to ensure conformity with international best practices; and (j) perform such other functions related to trade facilitation and other such duties as the Cabinet Secretary may, from time to time, assign to the Agency.

3 16 2022 No.

25 National Electronic Single Window System Board of 28.

(1) There shall be a Board of Directors of the Directors.

Agency, competitively recruited and which shall consist of (a) a non-executive chairperson appointed by the President; (b) the Chief Executive Officer of the Agency appointed under section 32; time (c) the Principal Secretary in the Ministry for the being responsible for matters relating to finance or his or her representative; ti me (d) the Principal Secretary in the Ministry for the being responsible for matters relating to trade or his or her representative; ti me (e) the Principal Secretary in the Ministry for the being responsible for matters relating to transport or his or her representative; (f) a representative from the Shippers Council of East Africa; and (g) three other members, not being public officers, competitively recruited and appointed by the Cabinet Secretary by virtue of their knowledge and experience in matters relating to (i) trade logistics; (ii) information communication technology; or (iii) finance or administration.

(2) The chairperson and members of the Board office appointed under subsection (1) (f) and (g) shall hold re for a term of three years and shall be eligible for appointment for one further term.

of of fi ce, 29.(1) A member of the Board other than an ex- vacancy officio member shall cease to hold office if the member- (a) resigns in writing to the Cabinet Secretary; (b) dies; or (c) is otherwise removed from office.

Powers of the 30.(1) The Board shall be responsible for the Board.

administration, management and development of the Agency.

3 17 2022 National Electronic Single Window System No.

25 (2) The Board shall have all the powers necessary for in the performance of its functions under this Act, and of the particular, but without prejudice to the generality foregoing, the Board shall have power to (a) administer the assets and funds of the Agency in such manner and for such purposes as shall promote the best interests of the Agency; (b) receive grants, donations or other moneys on behalf of the Agency; (c) enter into association with such other institutions, persons, bodies or organizations within or outside or Kenya as the Board may consider desirable appropriate in furtherance of the purposes for which the Agency is established; (d) impose fees and charges as may be approved by the Cabinet Secretary, from time to time, for the use of any services provided by the Agency; and f or (e) formulate and approve the strategies and plans the Agency.

Delegation by the or 31.

The Board may, by resolution either generally Board.

in any particular case, delegate to a committee of the of the Board, or to any member, officer, employee or agent of Agency the exercise of any powers or the performance any of the functions or duties the Agency as authorized by this Act to exercise or perform.

Chief Executive 32.

(1) There shall be a Chief Executive Officer of the Officer.

Board Agency competitively recruited and appointed by the and who shall be responsible for the day to day operations administration of the Agency.

(2) A person shall qualify for appointment as a Chief Executive Officer if that person from (a) is a holder of a relevant post graduate degree a university recognised in Kenya; and (b) has at least ten years working experience at a senior management level.

(3) The Chief Executive Officer shall serve for a term of four years renewable for a further and final term of four in years and on such other terms and conditions as specified the instrument of appointment.

I3 18 2022 National Electronic Single Window System No.

25 Staff of the 33.

The Agency may employ such other staff or agents Agency.

f unctions as it considers necessary for the discharge of its and duties under this Act, upon such terms and conditions the as the Cabinet Secretary may, in consultation with Board, determine.

PART V - FINANCIAL PROVISIONS Funds of the 34.

The funds of the Agency shall consist of Agency.

(a) such moneys as may be appropriated by Parliament; (b) moneys that may accrue or vest in the Agency in the course of the performance of its functions under this A ct; and (c) such grants, fees and other donations as may be made to the Agency.

Financial Y ear.

35.

The financial year of the Agency shall be the June period of twelve months ending on the thirtieth of each year.

Annual budget 36.

(1) The Board shall, in accordance with the Public Finance Management Act, 2012 cause to be prepared No.

18 of 20 12.

budget estimates of the Agency for that financial year.

(2) The annual budget estimates shall make provision the for all the estimated expenditure of the Agency for provide for financial year concerned, and in particular, shall the (a) payment of retention, allowances and other charges in respect of the Board members and the staff of the Agency; (b) payment of salaries, pensions, gratuities and other charges in respect of retirement benefits to the staff of the Agency; and the (c) proper maintenance, repair, and replacement of equipment and other movable property of the Agency.

(3) The Board shall approve the annual budget estimates before the commencement of the financial year to shall be which they relate and once approved, the estimates submitted to the Cabinet Secretary for approval.

(4) No expenditure shall be incurred for the purposes budget of the Agency except in accordance with the annual 319 2022 National Electronic Single Window System No.

25 estimates approved under subsection (3) or with the authorization of the Board given with prior written approval of the Cabinet Secretary.

Accounts and 37.

(1) The Board shall cause to be kept all proper Audit.

books and other records of accounts of income, expenditure, assets and liabilities of the Agency.

(2) Within a period of three months after the end of each fi nancial year, the Board shall submit to the Controller of Budget and the Auditor-General, the fi nancial statements of the Agency, in respect of that year.

(3) The accounts of the Agency shall be audited and the reported upon in accordance with the provisions of No.

34 of 20 15.

Public Audit Act, 2015.

PART VI - GENERAL PROVISIONS Copyri ght, 38.

The copyright in a work shall be deemed not to are have been infringed by any of the following acts if they under carried out for the purposes of meeting a requirement this A ct (a) the reproduction of a document from the System; and (b) the production of information by means of an electronic conununication.

Security of the 39.(1) The Agency shall be responsible for System.

(a) the security of data in the System; (b) ensuring that information is confi dential and is used only for the purpose to which it is intended; (c) taking precautions to ensure that electronic systems are secure from unauthorized access; and (d) requiring user of the System to comply with applicable policies, written laws and Regulations relating to data protection.

(2) Where there is an interruption in a method of payment relating to a transaction undertaken in the System, the Agency shall (a) notify the users of any foreseeable and unforeseen service interruption within prescribed timelines; and 320 2022 National Electronic Single Window System No.

25 (b) provide an alternative method of payment.

Limitation of 40.(1) No suit, prosecution or other legal proceedings liability in re lation of shall lie against the Agency or any officer or employee to the System.

in the Agency for anything done or intended to be done made good faith under this Act or any rule or regulation thereunder.

(2) The provisions of this section do not relieve the f or Agency to pay compensation or damages to any person their any injury caused to them, their property or any of power interests caused by bad faith in the exercise of any the conferred by this Act or any other written law or by failure, wholly or partially, of any works of the Agency.

(3) Any expenses incurred by a person in any suit or of prosecution brought against them in any court, in respect any act which is done or purported to be done by them fi nds under the direction of the Agency, shall, if the courts the funds that the act was not wilful default, be paid out of in of the Agency unless the person recovers the expenses such suit or prosecution.

General penalty.

41.

A person who contravenes the provisions of this Act commits an offence and shall be liable, upon conviction, to a fine not exceeding fi ve hundred thousand shillings or to an imprisonment for a term not exceeding one year or to both.

Sanctions.

42.(1) Despite the provisions of section 41 the Agency may sanction a person who contravenes any provision of this Act.

(2) The sanctions under subsection (1) may include (a) blacklisting of a user of the System; (b) suspension of access to the System; or (c) any other sanction that the Agency may consider fi t to impose from time to time.

Provided that the sanctions do not impede trade for unreasonable period of time.

(3) A person whose access to the System has been suspended under this section may be given an opportunity by the to re-access the System, under conditions specifi ed Agency.

321 2022 National Electronic Single Window System No.

25 Regulations.

43.(1) The Cabinet Secretary may, in consultation better with the Agency, make Regulations generally for the Act.

carrying out of the purposes and objectives of this (2) Without prejudice to the generality of subsection (1), the Regulations may prescribe the (a) administrative measures relating to the use of System; with (b) the integration of paperless customs clearance other regulatory bodies issuing trade, import, export or transit-related permits and certificates; (c) the extension of the System to serve entire trade and logistics communities within airports, seaports and dry ports; (d) the creation of national l ogistics platform interlinking the department responsible for customs, trading companies and the service sectors; (e) the interconnection and integration of national single windows i nto bilateral or regional information exchange platforms; (f) the timelines for the processing of any applications under this Act; (g) procedures for registration, registrable particulars of and other details relating to registration of users the System; (h) fees and levies; (i) modes of payment of fees and levies; the (j) the conditions to be complied with by users of System; (k) the process of accessing the information from the System; and (1) any other matter required in order to achieve the objectives of the Act.

(3) For the purpose of Article 94(6) of the Constitution- (a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to i 322 2022 No.

25 National Electronic Single Window System make rules to provide for the better carrying into effect the provisions of this Act; (b) the authority of the Cabinet Secretary to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; Cap.

2.

rules (c) the principles and standards applicable to the made under this section are those set out in the No.

23 of 20 13.

Interpretation and General Provisions Act and the Statutory Instruments Act, 2013.

Revocation of 44.

The Kenya Trade Network Agency Order, 2010 is LN.No.6 of hereby revoked.

2011.

Transition.

45.(1) All rights, obligations and contracts which, w er e immediately before coming into operation of this Act, of vested in or imposed on the former Board shall by virtue and this section, be deemed to be the rights, obligations contracts of the B oard.

(2) Upon the commencement of this Act, any member of the former Board shall be deemed to be a member of the or her reconstituted Board for the unexpired period of his term of service.

(3) Every person who immediately before the commencement of this Act was an offi cer or member of staff of the former Board shall be an offi cer or member of staff of the B oard.

(4) The Chief Executive Offi cer of the former Board shall be the Chief Executive Offi cer of the Board and shall serve for his or her unexpired term.

(5) In this section, former Board means the Board of the Kenya Trade Network Agency established under the Kenya Trade Network Agency Order, 2010 (now revoked).

in consequential 46.

The Acts specifi ed in the Schedule are amended the manner specifi ed in that Schedule.

amendments.

Jf 323 2022 National Electronic Single Window System No.

25 SCHEDULE (S.46) CONSEQUENTIAL AMENDMENTS Provision Am endment Written Law The Public S.9 Insert the following new subsection Archives and immediately after subsection (2) D ocumentation (2A) Al icence under this Service Act (Cap.

subsection shall be applied for and 19) issued electronically.

The Radiation s.ll Insert the following new subsection Protection A ct immediately after subsection (4) (Cap.

243) (5) There shall be kept an automated register of licenses issued under this section for the purposes of sharing information under the National Electronic Single Window System established under section 3 of t he National Electronic Single Window System Act and other relevant Agencies.

The Pharmacy s.

6 Insert the following new subsection and Poisons Act immediately after subsection (2) (Cap.

244) (3) The register kept under this section shall be automated f or t he purposes of sharing information under the National Single Window System established under section 3 of t he National Electronic Single Window System Act.

T he Pest C ontrol s.

6 Add the following new paragraph Products A ct immediately after paragraph (c) (Cap.

346) (d) to facilitate collaboration with other Government agencies in matters relating to this Act to promote trade under the National Electronic Single Window System established under section 3 of the N ational Electronic Single Window System Act.

The Kenya Ports s.9 Insert the f ollowing new paragraph Authority Act immediately after paragraph (b) 324 No.

25 2022 National Electronic Single Window System (Cap.

391).

(ba) f acilitate and collaborate with other Government agencies to promote trade under the National Single Window System established under section 3 of the National Electronic Single Window System Act.

S.

20 Export Delete subsection (1) and substitute Processing Zone therefor the following new subsection u Act (Cap.

517) (1) The Authority shall, subject to the requirements of the National Electronic Single Window System, keep and maintain an electronic register of li cences i ssued under this A ct indicating the particulars prescribed.

The S.83 Renumber the existing provision as Environmental subsection ( 1) and i nsert therefor the Management and following new subsection Co-ordination (2) Subject to subsection (1), the Act, 1999 (No.

8 Authority may allow electronic of 1999) issuance of li cense to f acilitate collaboration with the National Electronic Single Window System established under section 3 of the National Electronic Single Window System Act and other agencies.

The Kenya s.5 Insert the following new paragraph Maritime immediately after paragraph (c) Authority Act (ca) li ase with the National (No.

5 of 2006) Electronic Window System established under section 3 of the National Electronic Single Window System Act to establish digital and electronic platforms and facilitate collaboration with other agencies to promote trade.

325 2022 National Electronic Single Window System No.

25 The Merchant s.25 Insert the following new subsection Shipping Act immediately after subsection (7) (No.

4 of 2009) (8) The register shall be automated for the purposes of providing collaboration with other agencies and enabling linkage to the National Electronic Window System established under section 3 of the National Electronic Single Window System Act.

The Alcoholic s.9 Insert the following new subsection Drinks Control immediately after subsection (16) Act, 2010 (No.

4 (17) A licence under this section of 2010) shall be applied for and i ssued electronically.

The Agriculture s.4 Insert the following new paragraph and Food immediately after paragraph (e) Authority Act, (ea) pursuant to the provisions of 2013 (No.

13 of this Act and any other written law, 2013) authorize by electronic means, the export and import of designated crops or produce.

The Crops Act, s.

16 Insert the following new subsection 2013 (No.

16 of immediately after subsection (2) 2013) (2A) The register of persons referred to under this section shall be kept and maintained in an automated manner and the information therein shall be shared under the National Electronic Single Window System established under section 3 of the National Electronic Single Window System Act.

The Energy Act s.

121 Insert the following new paragraph (No.

1 of 2019) immediately after paragraph (k) (ka) the requirements under the National Electronic Single Window System.

L.