The USTR recently released the 2025 National Trade Estimate Report on Foreign Trade Barriers. The report enhances awareness of detailed trade restrictions that US exporters face and how it intends to reduce or eliminate these barriers. Kenya is among the 60 trade partners covered by the report.
Some of the measures and policies identified as existing in Kenya are:
1. Tariff Barriers & EAC CET Alignment
Tariff barriers are attributed to the non-uniform implementation of the 2020 EAC Common External Tariff (CET) Amendments for identified equipment. There are also concerns on terms that have not been adequately defined.
2. Non-Tariff Barriers (NTBs) & Customs Facilitation
On Non-Tariff Barriers, certain aspects relating to Customs and Trade Facilitation were identified. These include delays in releasing shipments and the navigation of numerous steps in the clearance process as well as concerns on the pre-arrival processing of electronic documents.
3. Technical Barriers to Trade (TBT) & PVoC
On Technical Barriers to Trade, there were concerns around the Pre-Export Verification of Conformity (PVoC) Program. Some of the concerns were on the program's testing, certification, and labeling requirements where it was stated that they “deviate from international standards without providing an additional measure of safety”.
4. Sanitary and Phytosanitary (SPS) Barriers
On Sanitary and Phytosanitary Barriers, the issue of agricultural biotechnology was identified in so far as there exists a court challenge on the importation and commercialization of genetically engineered products. Further, the issue of application of restrictive standards on importation of bovine semen imports was highlighted. An aspect relating to import permits for meat, dairy, and poultry products was identified as being “complex, non-transparent and costly”. On plants and plant products, Kenya's total aflatoxin limit was said to be lower with no “adequate scientific justification”.
5. Government Procurement & Other Barriers
On Government Procurement, concerns revolved around identified procurement preferences and corruption influence on the procurement process. Other areas identified in the report were on intellectual property protection, services barriers, digital trade barriers, and investment barriers.
It would be interesting to see how these issues play out since the report identifies itself as a ‘companion piece to the President’s 2025 Trade Policy Agenda’.
A direct link to the report is available via the Official USTR 2025 NTE Report (PDF).