(Applicable under EAC, AfCFTA, and WTO Trade Facilitation Frameworks)

Cross-Border Trade Procedures

Overview

Agroecological products—such as organic honey, herbs, horticultural produce, traditional grains, and other sustainably farmed commodities—form a growing segment of Africa’s intra-regional trade. However, because they are agricultural and often perishable, they are subject to stringent customs, sanitary and phytosanitary (SPS), and technical barriers to trade (TBT) procedures. These requirements aim to ensure consumer safety, maintain fair trade, prevent pest and disease spread, and uphold environmental and sustainability standards.

The East African Community (EAC) and the African Continental Free Trade Area (AfCFTA) both emphasise trade facilitation through harmonised border management, mutual recognition of standards, and digitalisation of customs processes, while ensuring inclusivity for women and youth traders under the AfCFTA Protocol on Women and Youth in Trade.

Pre-Arrival and Documentation Procedures

Before goods reach the border, traders or clearing agents must ensure that all required documents are in place and submitted electronically. These include:

Required Document

Purpose

Issuing Authority / System

Commercial Invoice & Packing List

Indicates product description, quantity, and value for customs valuation.

Exporter

Certificate of Origin (CoO)

Confirms origin under EAC or AfCFTA for preferential treatment.

Issued by national customs or chambers of commerce.

Phytosanitary / Veterinary Certificate

Confirms the product meets SPS requirements.

Issued by competent authorities (e.g., KEPHIS, TPHPA, UNBS, RBS, ZABS).

Organic / Agroecological Certification

Verifies that products are produced according to agroecological or organic standards.

Certified bodies (e.g., Participatory Guarantee Systems, Kilimo Hai).

Import / Export Permit

Required for regulated goods such as seeds, honey, or animal products.

National ministries of agriculture/trade.

 2.1. Pre-Arrival Electronic Systems
  • TANCIS (Tanzania Customs Integrated System), ASYCUDA World (Uganda, Rwanda, Burundi), SOMCAS (Somalia) and iCMS (Kenya) enable traders to submit documents prior to arrival for faster clearance.
  • The Regional Electronic Cargo Tracking System (RECTS) monitors goods in transit for security and compliance.
2.2. Risk Management and Green Channels

Traders with a history of compliance (e.g., cooperatives, exporters certified as Authorised Economic Operators – AEOs) may use green lanes, benefiting from:

  • Reduced inspections,
  • Pre-clearance approvals,
  • Expedited release times.

Sanitary and Phytosanitary (SPS) Controls

Sanitary and Phytosanitary (SPS) Controls

Sanitary and Phytosanitary (SPS) controls are central to maintaining the integrity of agroecological products and protecting human, animal, and plant life. These measures ensure that traded goods are safe for consumption, pest- and disease-free, and produced in accordance with ecological and sustainability standards.

For agroecological products, SPS verification is not only about biosecurity; it also reinforces the credibility of organic and ecological claims, ensuring that products meet the expectations of consumers and buyers across regional and international markets.

3.1. SPS Inspection Points and Institutional Roles

SPS inspections are conducted at multiple stages — from production and export certification to cross-border checks at One-Stop Border Posts (OSBPs) and entry ports. The institutional ecosystem includes plant health authorities, veterinary services, port health units, and standards agencies working collaboratively under Coordinated Border Management (CBM).

a) Border Inspection Posts (BIPs)
  • Located at major OSBPs such as Namanga (Tanzania/Kenya), Busia (Kenya/Uganda), Mutukula (Tanzania/Uganda), and Rusumo (Rwanda/Tanzania).
  • SPS officers physically inspect agroecological consignments, verifying:
    • Packaging integrity (biodegradable, contamination-free materials).
    • Transport conditions (temperature and ventilation for perishables).
    • Labelling and traceability codes (organic certification, country of origin, batch number).
    • Compliance with declared quantities and documentation.
  • Joint inspection reduces duplication through coordinated clearance by customs, plant, and veterinary officials.
b) Port Health Units
  • Operate under Ministries of Health to ensure food safety and hygiene standards for products of animal origin.
  • Inspect vehicles, storage containers, and samples for conformity with national Food Safety Acts and Codex Alimentarius.
  • Conduct microbiological and chemical tests for pathogens, toxins, or pesticide residues.
  • Issue Health Clearance Certificates for final consignment release.
c) Plant Health Units
  • Oversee inspection of plant and plant-based products (grains, fruits, vegetables, teas, spices).
  • Perform:
    • Visual pest inspection and contamination checks.
    • Laboratory sampling and diagnostic testing for quarantine pests.
    • Verification of treatment certificates (fumigation, heat treatment, irradiation).
  • Follow International Plant Protection Convention (IPPC) and EAC Plant Health Regulations.
d) Veterinary Services
  • Verify animal and bee product consignments (honey, wax, dairy).
  • Check for:
    • Animal health certification from exporter.
    • Absence of zoonotic diseases (e.g., foot-and-mouth).
    • Proper slaughtering and processing conditions.
  • Issue Veterinary Health Certificates per World Organisation for Animal Health (WOAH/OIE) standards.
e) National Competent Authorities

Each EAC Partner State has designated agencies responsible for SPS enforcement and certification.

Country Plant Health Animal Health Food Safety / Port Health
Kenya KEPHIS Directorate of Veterinary Services Ministry of Health – Port Health Dept.
Tanzania TPHPA Ministry of Livestock & Fisheries TBS / Port Health
Uganda Department of Crop Inspection (MAAIF) NADDEC Ministry of Health – Port Health
Rwanda RICA RARDA Rwanda FDA
Burundi Direction de la Protection des Végétaux Département de la Santé Animale Ministry of Health
South Sudan Ministry of Agriculture & Food Security Ministry of Animal Resources Ministry of Health

3.2. Digital SPS Systems and Automation

Digitisation improves efficiency, traceability, and real-time validation in SPS certification.

a) ePhyto System
  • Electronic phytosanitary certification under the IPPC framework.
  • Eliminates paper certificates, reducing fraud and delays.
  • Integrated with customs systems (ASYCUDA, TANCIS).
  • Traders can track certification and inspection status online.
b) EAC e-Cert Platform
  • Connects national SPS systems across Partner States.
  • Facilitates mutual exchange of plant, veterinary, and food safety certificates.
  • Linked to EAC TradeNet and AfCFTA e-SPS module.
c) Emerging Technologies
  • QR codes and barcoding for traceability.
  • Blockchain pilots in coffee, honey, and horticulture.
  • Integration with AfCFTA Digital Trade Protocol for paperless SPS processing.

3.3. Harmonisation of SPS Standards and Mutual Recognition

  • Common PRA Methods: Joint pest/disease surveillance and harmonised risk categorisation for crops.
  • Equivalence & Mutual Recognition: MRAs reduce duplicate testing and re-inspection.
  • Joint Inspections & Audits: Shared export certification builds trust and reduces time.
  • Alignment with International Standards: Codex Alimentarius, WOAH, IPPC.

3.4. SPS Certification and Traceability for Agroecological Products

  • Organic or Participatory Guarantee System (PGS) Certificates.
  • Traceability Codes linking farms and cooperatives.
  • Residue-Free Testing for low/zero-chemical claims.
  • Eco-labels (carbon neutral, fair trade, biodiversity-friendly).

3.5. Challenges and Ongoing Reforms

  • Uneven laboratory capacity and accreditation.
  • Delays in sample testing and duplicate inspections.
  • Low awareness among small traders.
  • Limited gender-responsive SPS communication.

Reform Measures:

  • Capacity-building for SPS officers and sensitisation programs.
  • Regional lab accreditation and Swahili/local translations of checklists.
  • Integration of gender and youth into border facilitation.

3.6. Good Practices from the Region

  • Namanga OSBP: ePhyto pilot enabled same-day clearance for honey and herbs.
  • Busia OSBP: Joint SPS inspections reduced clearance time from 8 to 2 hours.
  • Rusumo OSBP: e-Cert and pre-declaration streamlined horticultural trade.

3.7. SPS Control Workflow Table

Stage Responsible Authority / Actor Main Activities Tools & Systems Used Output Document Timeframe
1. Farm-level Pre-Certification Farmers, Cooperatives, Certification Bodies Field audit, compliance check PGS tools, checklists Audit report, organic certificate 3–5 days
2. SPS Inspection Application Exporter / Trader → National SPS Authority Online submission ePhyto, e-Cert portal Application receipt Same day
3. Inspection & Sampling SPS Inspectors Verification, sample collection Mobile SPS apps, GPS tagging Inspection report 1–2 days
4. Laboratory Testing Accredited Labs Residue/pest analysis LIMS Test results 1–3 days
5. Certificate Issuance Competent Authority Review & issue SPS certificate ePhyto / e-Cert / IPPC Hub Phytosanitary / Vet / Health Certificate Same day
6. Border Clearance Customs, Port Health, SPS Officers Joint verification ASYCUDA / TANCIS / iCMS Release form 2–6 hours
7. Post-Border Monitoring SPS Authorities / Committees Traceability audit SPS compliance database Audit report Periodic

Technical Barriers to Trade (TBT) Compliance

Technical Barriers to Trade (TBT) for Agroecological Products

TBT measures ensure that products meet technical regulations, standards, and conformity assessment requirements for safety, quality, and environmental integrity.
For agroecological products—such as organic honey, herbs, grains, and horticultural produce—TBT compliance reinforces market credibility and guarantees that the product meets
the expectations of consumers, buyers, and import authorities. Unlike SPS measures, which safeguard biological safety, TBT controls focus on product characteristics, labelling, packaging,
and quality assurance systems.

4.1. Regulatory Framework for TBT Compliance

a) WTO and AfCFTA Foundations
  • Under the WTO Agreement on Technical Barriers to Trade, Member States must ensure that technical regulations and standards:
    • Are not discriminatory between domestic and imported products;
    • Are based on international standards (e.g., ISO, Codex, IEC);
    • Are applied transparently and notified to trading partners.
  • The AfCFTA Annexe 6 on TBT reinforces these principles at the continental level and promotes harmonisation of standards, equivalence, and mutual recognition of conformity assessments.
b) Regional Legal Basis – EAC SQMT Act (2014)
  • Promotes harmonisation of standards and technical regulations;
  • Facilitates mutual recognition of conformity assessment procedures;
  • Eliminates duplication in testing, inspection, and certification;
  • Strengthens consumer and environmental protection.

The Act enables Partner States to jointly develop East African Standards (EAS) that reflect sustainable and eco-friendly trade practices.

4.2. Standards Conformity Requirements for Agroecological Products

  • Composition Standards: Define parameters such as moisture content, aflatoxin levels, and nutrient values.
  • Processing Standards: Promote eco-friendly, non-polluting methods; ban synthetic residues.
  • Packaging Standards: Encourage biodegradable or recyclable materials with clear origin and expiry labelling.
  • Labelling Standards: Require product name, origin, batch number, and sustainability certification marks (e.g., “EAS Organic”).

See: Catalogue of East African Standards 2023

4.3. Conformity Assessment and Certification

a) Certificate of Conformity (CoC)
  • Issued by national standards bodies: KEBS, TBS, UNBS, RBS, BBN, and SSNBS.
  • Confirms compliance with EAS or international standards.
  • Required for import clearance and export certification under AfCFTA.
b) Testing and Inspection
  • Conducted at accredited laboratories recognised by EACAB.
  • Includes authenticity checks, contaminant testing, and eco-packaging verification.
c) Marks of Quality
  • EAC Quality Mark (EACQM) and national marks like “Diamond Mark” (Kenya), “S Mark” (Tanzania), “Q Mark” (Uganda).
  • Certified goods enjoy preferential treatment under Green Lanes at OSBPs.

4.4. Mutual Recognition and Harmonisation

  • Mutual Recognition Agreements (MRAs): Allow certification issued in one country to be accepted across others.
  • Harmonisation: Aligns national regulations with regional standards via EAC Standards Committee.
  • Metrology and Calibration: Ensures accuracy of weights and environmental claims for fair trade.

4.5. Transparency, Notification, and Stakeholder Involvement

  • Transparency Obligations: States must notify new standards to EAC Secretariat and WTO TBT Committee.
  • Trade Information Portals: EAC Trade Helpdesk and AfCFTA Trade Observatory publish all approved standards.
  • Stakeholder Capacity Building: Training for farmers, cooperatives, women, and youth on conformity and eco-labelling.

4.6. Eco-Labelling, Sustainability, and Environmental Claims

  • Eco-Labelling Framework: Covers “Certified Organic,” “Carbon Neutral,” “Fair Trade,” and “Biodiversity-Friendly” labels.
  • Regional Eco-Labelling Scheme (RELS): Under development to harmonise sustainability labels in the EAC.
  • SDG Link: Supports SDG 12 (Responsible Consumption) and SDG 13 (Climate Action).
  • Market Advantage: Eco-certified goods access premium markets in the EU and AfCFTA zones.

4.7. Institutional Coordination and Dispute Resolution

Institution Role in TBT Compliance
EAC Secretariat (Standards & Quality Unit) Coordinates regional standards harmonisation and SQMT implementation.
National Standards Bodies (KEBS, TBS, UNBS, etc.) Develop and enforce standards, testing, and certification.
EAC Technical Committee on TBT Facilitates dialogue and resolves inter-State technical disputes.
National TBT Enquiry Points Provide information and respond to queries from traders and Partner States.
Private Sector Associations (EABC, Chambers of Commerce) Represent trader interests and promote voluntary standards adoption.

Disputes (e.g., rejection of certified goods) are addressed through TBT Enquiry Points, SQMT Committees, and AfCFTA Dispute Settlement Mechanisms.

4.8. Challenges and Strategic Directions

  • High certification costs and limited recognition of private organic certifiers.
  • Delays in testing and certification due to inadequate laboratory capacity.
  • Limited awareness of technical regulations and eco-labelling infrastructure.
  • Language and documentation barriers for small traders.

Strategic Responses:

  • Expand mutual recognition frameworks for private certifiers.
  • Establish regional green product standards under AfCFTA Green Economy Strategy.
  • Develop EAC–AfCFTA conformity databases for faster verification.
  • Support women- and youth-led testing enterprises and eco-packaging innovators.

Simplified Trade Regime (STR) for Agroecological Products

Simplified Trade Regime (STR) for Agroecological Trade

The Simplified Trade Regime (STR) is a flagship trade facilitation mechanism under the EAC Customs Union Protocol designed to assist small-scale cross-border traders—particularly women, youth, and informal traders—who dominate the agroecological and agricultural produce markets.
Agroecological products such as organic maize, honey, vegetables, beans, bananas, and herbs constitute a significant share of informal and small-scale trade flows within the region.
The STR enables such traders to legally access regional markets, benefit from duty-free preferences, and avoid harassment and delays at border posts.

5.1. Purpose and Objectives of the STR

  • Simplify and shorten customs documentation and clearance procedures for small consignments.
  • Facilitate formalisation of informal cross-border trade in agricultural and agroecological goods.
  • Enhance regional integration and poverty reduction by enabling low-income traders to benefit from EAC trade preferences.
  • Promote inclusive trade participation, ensuring that women and youth-led agroecological enterprises can operate transparently and profitably.
  • Strengthen data collection on small-scale trade flows for national statistics and policy formulation.

5.2. Threshold and Eligibility Criteria

  • Monetary Threshold: Goods valued at USD 2,000 or below per consignment qualify for the STR. This ceiling may be reviewed periodically.
  • Eligibility Conditions:
    1. Goods must originate within an EAC Partner State.
    2. Goods must appear on the Common List of STR Products jointly agreed upon by neighbouring countries.
    3. Trader must present proof of origin, typically through a simplified certificate issued at the border.
    4. Only non-prohibited, non-restricted goods may qualify (no controlled chemicals or protected species).

5.3. Common List of STR-Eligible Agroecological Goods

  • Fresh fruits and vegetables (tomatoes, onions, bananas, pineapples, mangoes)
  • Grains and pulses (maize, beans, sorghum, millet)
  • Organic honey and beeswax
  • Herbs and spices (ginger, turmeric, cardamom)
  • Root crops (cassava, sweet potatoes, yams)
  • Livestock products (eggs, milk, hides, skins)
  • Processed foods and oils from small agro-processors

Lists are periodically reviewed by bilateral committees involving Customs, Trade, and Agriculture authorities.

5.4. Documentation under the STR

Form Name / Purpose Issued By
Form 1 – Simplified Customs Declaration Form Serves as both import/export declaration; captures trader details, product description, value, and origin. Border Customs Officer
Form 2 – Simplified Certificate of Origin (SCO) Confirms that goods originate within the EAC and qualify for duty-free entry. Customs / Revenue Authority of exporting country

Supporting documents such as invoices, receipts, or ID may be requested for verification.

5.5. Process Flow for STR Transactions

  1. Product Preparation and Arrival: Goods are organised within the USD 2,000 limit, packaged in eco-friendly materials, and taken to the STR counter.
  2. Completion of Simplified Forms: Customs assists in filling Form 1 and Form 2; SPS verification done on-site if needed.
  3. Verification and Clearance: Goods inspected, certificate endorsed, and perishable goods prioritised through “Green Lane.”
  4. Duty-Free Movement and Exit: Goods cross border duty-free; data recorded in EAC STR module.
  5. Post-Clearance Support: Traders registered for e-filing, associations, and recordkeeping training.

5.6. Benefits for Agroecological Traders

Area Benefits
Financial Duty-free entry, reduced compliance costs, no agent fees.
Procedural Simplified documentation, same-day clearance, single inspection.
Inclusivity Empowers women, youth, and cooperatives in agroecological trade.
Transparency Formalises informal traders, enhances trade data collection.
Trade Facilitation Integrates with OSBP operations, reduces congestion and delays.

5.7. Gender, Youth, and Inclusivity Dimensions

  • Women and youth make up over 70% of small-scale agro-traders across EAC borders.
  • Gender and Youth Desks established at OSBPs (Namanga, Busia, Mutukula, Rusumo, Katuna) provide:
    • Guidance on documentation
    • Translation and literacy assistance
    • Conflict resolution and protection from harassment
    • Financial literacy and digital payments training
  • Women Cross-Border Trade Associations (WICBTAs) and Trader Cooperatives work with customs and trade agencies for policy advocacy.

5.8. Coordination with OSBP and CBM Systems

  • The STR functions within One-Stop Border Post (OSBP) and Coordinated Border Management (CBM) frameworks.
  • STR counters are clearly marked for small traders, and joint clearance ensures:
    • Single inspection
    • Shared data systems
    • Aligned working hours
  • Traders benefit from joint sensitisation programs led by the EAC Secretariat and border management committees.

5.9. Digitalisation and Recordkeeping

  • The EAC STR Information Management System (STR-IMS) records trader data and product flows.
  • Digital trader IDs linked to mobile payment systems (M-Pesa, Airtel Money).
  • E-Simplified Certificates of Origin (e-SCOs) piloted under AfCFTA Digital Trade Protocol for paperless clearance.
  • Integration with EAC Trade Information Portal provides access to forms, product lists, and complaints mechanisms.

5.10. Challenges and Areas for Strengthening

  • Low awareness among small traders about STR procedures.
  • Inconsistent product lists and thresholds across borders.
  • Persistent informal fees or harassment.
  • Limited digital access for remote traders.
  • Weak integration of SPS verification within STR.

Reform Priorities:

  • Awareness campaigns for women and youth traders.
  • Expansion of STR Product List to include more agroecological goods.
  • Mobile STR support units at high-traffic border points.
  • Adoption of digital tools for self-declaration and mobile tracking.

5.11. Examples of STR Implementation in Practice

a) Namanga OSBP (Kenya–Tanzania)
  • Used for honey, bananas, and fresh vegetables.
  • Clearance times reduced from 4 hours to under 45 minutes.
  • Dedicated “Women in Trade” help desk supports documentation.
b) Busia OSBP (Kenya–Uganda)
  • Over 1,200 traders registered under STR (2022–2024).
  • Integration of ePhyto verification for fruits and herbs.
  • Pilot use of digital STR forms and mobile receipts.
c) Rusumo OSBP (Rwanda–Tanzania)
  • Pilot on eco-packaging and traceability for agroecological goods.
  • STR linked to Rwanda’s electronic single window for reduced documentation.

5.12. Institutional Arrangements and Support Mechanisms

Institution / Stakeholder Role in STR Implementation
EAC Secretariat – Trade Directorate Policy coordination, regional monitoring, and product list review.
National Revenue Authorities (KRA, TRA, URA, RRA, etc.) Customs administration and issuance of Simplified Certificates of Origin.
Ministries of Trade / Industry Policy support, training, and awareness creation.
Border Management Committees (BMCs) Coordinate border agencies and address bottlenecks.
Cross-Border Trade Associations & Cooperatives Trader sensitisation, peer education, and advocacy.
Development Partners (TMEA, UNCTAD, AfDB, ACBF) Provide technical and financial support for infrastructure and digitalisation.

5.13. Strategic Outlook under the AfCFTA

  • The EAC STR serves as a model for the forthcoming AfCFTA Simplified Trade Regime.
  • Will enable informal and micro-traders to access continental trade preferences.
  • Harmonises threshold values and documentation formats across RECs.
  • Links regional STR systems with AfCFTA e-Trade and NTB Portals.
  • Promotes data-driven policymaking on informal trade and gender participation.

5.14. Key Takeaways

  • The STR remains the gateway for inclusive trade facilitation for small-scale agroecological producers.
  • Integrating STR with digital SPS and TBT systems enhances compliance and accessibility.
  • Sustained capacity building and gender-responsive policies are essential under the AfCFTA.

Transit Procedures for Agroecological Products

Transit Procedures for Agroecological Products

Transit procedures are critical for ensuring the smooth, secure, and efficient movement of agroecological products that must pass through one or more countries en route to their final destination. Because many EAC Partner States are land-linked (e.g., Uganda, Rwanda, Burundi, South Sudan), goods in transit must comply with regional customs, SPS, and TBT protocols to maintain safety, quality, and traceability across borders.

6.1. Purpose of Transit Controls

  • Facilitates free movement of goods through customs territories without paying import duties until they reach the destination country.
  • Prevents diversion of goods into local markets before reaching the final destination.
  • Ensures security and traceability of high-value or perishable agroecological goods.
  • Protects the integrity of SPS certificates and product quality during transit.
  • Promotes efficiency and coordination among border and customs authorities.

6.2. Core Transit Instruments

  • Regional Transit Bond: A single regional bond valid across all EAC Partner States, replacing multiple national bonds.
  • Customs Transit Document (Form C2): Captures origin, route, transport mode, destination, and seal numbers; accompanies the goods throughout the journey.
  • Regional Electronic Cargo Tracking System (RECTS): Real-time GPS-based tracking to ensure security and transparency.
  • Transit Goods License / Waybill: Issued by transporter to document carriage of goods under customs control.
  • SPS & TBT Certificates: Accompany goods to confirm compliance with health and quality standards.

6.3. Step-by-Step Transit Procedure

  1. Transit Declaration and Bonding
    • Trader or agent completes a Customs Transit Declaration (Form C2) via systems like ASYCUDA or TANCIS.
    • Registers a Regional Transit Bond linked to the shipment.
    • Includes product type, quantity, value, route, and vehicle/seal numbers.
  2. Customs Sealing and Inspection
    • Inspection ensures cargo matches declaration; seals applied to prevent tampering.
    • SPS certificates (e.g., ePhyto, Health Certificate) verified for authenticity.
  3. Electronic Tracking and Monitoring
    • Movement monitored via RECTS, providing live updates in Nairobi, Kampala, Kigali, and Dar es Salaam.
    • Automatic alerts for diversion or tampering.
  4. Border Crossing and Data Exchange
    • Customs officers verify seals and documents electronically.
    • Data shared between departure and entry customs systems.
    • SPS certificates and waybills endorsed electronically.
  5. Exit Confirmation and Bond Discharge
    • Destination customs confirm safe exit and discharge bond electronically.
    • Goods proceed to final customs clearance.

6.4. Special Provisions for Agroecological Goods

  • Priority for green corridors or fast-track lanes to reduce delays.
  • Cold chain monitoring with digital temperature loggers integrated into RECTS.
  • Joint customs–SPS inspections at entry points only, reducing multiple stops.

6.5. Best Practices and Innovations

  • Electronic Single Transit Bonds (ESTB): Unified guarantee valid across Partner States.
  • Integration with ePhyto & TBT e-Cert: Electronic transmission of health and quality certificates.
  • Mobile Driver Apps: Provide inspection alerts and enhance transparency.
  • Customs–SPS Data Integration: Enables live viewing of compliance records during transit verification.

6.6. Challenges and Policy Responses

  • Limited RECTS coverage on rural routes.
  • Inconsistent recognition of digital SPS/TBT certificates.
  • Delays at weighbridges and checkpoints affecting perishables.
  • Insufficient bonded warehouse capacity near key OSBPs.

Policy Responses:

  • Expanding RECTS corridors.
  • Training border agencies on digital certificate recognition.
  • Establishing green corridors for agroecological and perishable goods.

6.7. Example: Namanga OSBP (Kenya–Tanzania)

  • Truck transporting 10 tonnes of organic honey from Arusha to Nairobi:
    • Bonded using a regional transit bond.
    • Monitored via RECTS along the Kilimanjaro–Namanga–Athi River corridor.
    • Same-day discharge upon arrival in Kenya, ensuring organic certification remains valid and traceable.

Preferential Rules of Origin (RoO) for Agroecological Trade

Rules of Origin (RoO) for Agroecological Trade

Rules of Origin (RoO) determine the economic nationality of a product, identifying whether it qualifies for preferential tariff treatment under regional trade agreements such as the EAC Customs Union and the AfCFTA.

For agroecological goods, RoO are especially important because they:

  • Ensure only genuinely local or regionally processed products benefit from duty-free, quota-free access;
  • Encourage value addition and processing within Africa;
  • Support traceability and compliance with eco-certification and sustainable sourcing requirements.

7.1. Core Principles of Rules of Origin

A product qualifies for preferential treatment if it meets one of the following criteria:

  • Wholly Obtained (WO): Goods entirely produced or obtained in one Partner State, without imported materials. Example: Organic fruits, honey, grains, vegetables, and natural herbs.
  • Substantial Transformation (ST): Goods that undergo significant processing that changes their tariff classification or value content. Example: Herbal teas made from regional herbs, processed oils, and packaged organic honey.
  • Cumulative Origin (Cumulation): Inputs sourced from multiple EAC or AfCFTA Member States are considered as originating within the region. Example: Soap made from Tanzanian organic coconut oil and Ugandan shea butter qualifies as EAC-originating.

7.2. Documentary Evidence of Origin

Proof of origin is demonstrated through:

  • Certificate of Origin (CoO):
    • EAC Certificate of Origin (Form A) for intra-EAC trade;
    • AfCFTA Certificate of Origin for continental trade;
    • Simplified Certificates of Origin under STR for small-scale traders.
  • Origin Declaration: For registered exporters under the Approved Exporter Scheme (AES), self-declaration on the invoice is accepted in lieu of a physical certificate.
  • Issuing Authorities: National Customs Authorities, Chambers of Commerce, or other designated competent agencies approved by the EAC or AfCFTA Secretariat.

7.3. Determination Criteria and Calculations

  • Change in Tariff Heading (CTH): Product’s HS code changes after processing. Example: Raw turmeric (HS 0910) → Ground turmeric powder (HS 0910.30).
  • Value Addition (VA): Minimum regional value content (RVC), e.g., 35% under AfCFTA. Example: Herbal tea blend using 80% local herbs meets RVC.
  • Specific Process Rule (SPR): Product must undergo specified steps such as fermentation or distillation. Example: Organic coffee must be roasted and packaged locally.

7.4. Verification and Administration

  • Customs authorities verify origin through documents, production records, and inspection reports.
  • The EAC RoO Committee and AfCFTA RoO Sub-Committee oversee updates and dispute resolution.
  • Digital Origin Systems:
    • The EAC’s e-Certificate of Origin system enables paperless issuance.
    • The AfCFTA e-RoO platform provides real-time validation across Member States.

7.5. Benefits of Preferential Origin Recognition for Agroecological Trade

  • Tariff Advantage: Duty-free access to regional and continental markets.
  • Market Expansion: Encourages intra-African supply chains and value addition.
  • Traceability: Confirms agroecological goods are genuinely produced within Africa.
  • Sustainability: Incentivises local processing and eco-friendly sourcing.
  • SME Empowerment: Simplifies access to markets for small cooperatives and women-led enterprises.

7.6. Challenges and Emerging Solutions

  • Complex rules and paperwork for small traders: Simplified RoO developed under STR and AfCFTA Informal Trade Framework.
  • Verification delays: Adoption of digital e-CoO systems and mutual recognition among customs authorities.
  • Limited awareness: Training programs for MSMEs, women, and youth cooperatives on origin compliance.
  • Lack of cumulation awareness: Regional outreach and inclusion of cumulative examples in trade manuals.

7.7. Practical Example

A women’s cooperative in Rwanda producing organic banana flour sources bananas from Uganda and packaging from Kenya:

  • Under EAC cumulation, all inputs qualify as regional content.
  • The finished flour is EAC-originating, eligible for duty-free export to Tanzania or Burundi under an EAC Certificate of Origin.
  • The same product could later qualify under AfCFTA once continental RoO for agro-processed goods are ratified.

7.8. Future Outlook

  • Development of a continental e-RoO portal integrating customs, trade, and business registries.
  • Alignment of regional origin rules to prevent overlapping requirements.
  • Integration of sustainability and environmental criteria into next-generation RoO protocols to recognise green and agroecological production.

These developments will strengthen Africa’s position in eco-friendly intra-African trade and promote inclusive growth through agroecological value chains.

Commercial Clearance Procedures, Customs Valuation, and Risk Management

8. Customs Valuation and Clearance for Agroecological Products

Efficient customs clearance is essential for facilitating agroecological trade while maintaining compliance with fiscal, safety, and environmental regulations. Customs authorities across the EAC and AfCFTA apply internationally recognised procedures under the WTO Customs Valuation Agreement (CVA) and EAC Customs Management Act (EACCMA) to ensure fair, transparent, and predictable trade processes.

For agroecological products—such as organic honey, coffee, grains, fruits, and herbal products—customs valuation and clearance are tailored to promote trade facilitation, preferential treatment, and integrity verification of eco-certified goods.

8.1. Purpose and Guiding Principles

  • Facilitate smooth movement of goods across borders;
  • Ensure accurate determination of duties and taxes;
  • Promote transparency, predictability, and fairness;
  • Prevent undervaluation, misdeclaration, or smuggling;
  • Support risk-based processing that rewards compliant and trusted traders;
  • Uphold trade facilitation commitments under the WTO Trade Facilitation Agreement (TFA) and AfCFTA Annexe 3 on Customs Cooperation.

8.2. Customs Clearance Workflow for Agroecological Products

The clearance process is primarily digital across EAC Partner States through systems such as ASYCUDA World, TANCIS, iCMS, and EAC e-Single Window.

Step 1: Pre-Arrival and Declaration

  • Electronic customs declaration is submitted before goods arrive at the border.
  • Required documents include:
    • Commercial invoice
    • Packing list
    • Bill of lading / airway bill
    • Certificate of Origin (EAC/AfCFTA)
    • SPS/TBT certificates
    • Insurance and transport documents
  • Pre-arrival processing shortens border clearance times and allows early risk profiling.

Step 2: Automated Valuation and Tariff Determination

  • Systems compute customs value, tariff classification (HS code), and applicable duties/taxes automatically.
  • Products with valid preferential Certificates of Origin enjoy zero or reduced duties under EAC/AfCFTA preferences.

Step 3: Risk Profiling and Channel Assignment

Every declaration undergoes risk assessment based on trader history, product type, and compliance profile. Clearance channels include:

  • 🟩 Green Channel: Low-risk goods (trusted traders, certified cooperatives, pre-verified SPS/TBT compliance) — released immediately after document verification.
  • 🟨 Yellow Channel: Medium-risk goods — documentary review before release.
  • 🟥 Red Channel: High-risk or random checks — physical inspection required.

Step 4: Payment of Duties and Release

  • Payments made electronically via integrated e-payment systems.
  • Upon approval, a Release Order authorises exit from customs control.
  • SPS or Port Health clearances automatically linked within National Single Window systems.

Step 5: Post-Clearance Audit (PCA)

  • Post-clearance audits verify accuracy after release without delaying trade.
  • Focus on valuation, classification, origin, and conformity documentation.

8.3. Customs Valuation for Agroecological Products

Customs valuation determines the dutiable value of imports in line with WTO rules.

a) WTO Valuation Principles

Method Description Applicability
Transaction Value Actual price paid or payable for goods. Most common for agroecological goods with invoices and proof of origin.
Identical Goods Uses customs values of identical imports. For standard items like organic honey or dried herbs.
Similar Goods Based on similar goods of same origin and characteristics. Useful where specific data is missing.
Deductive Value Based on resale price minus costs. Rare for perishables but used where resale data exists.
Computed Value Cost of production + profit margin. For processed agroecological products.
Fall-back Method Applied when other methods fail. For informal or mixed consignments.

b) Preferential Tariff Valuation

  • Preferential rates (often 0%) applied under EAC or AfCFTA RoO.
  • Verification relies on Certificate of Origin and trader registry data.
  • SPS/TBT compliance confirms agroecological authenticity.

c) Reference Databases

  • National agricultural pricing boards
  • International commodity price indices
  • Cooperative market data validated by trade and agriculture ministries

8.4. Risk Management Framework

a) Purpose

  • Focus customs on high-risk consignments;
  • Facilitate faster clearance for low-risk traders;
  • Use trade intelligence for compliance monitoring.

b) Risk Profiling Parameters

  • Inconsistent invoicing or underpricing;
  • Expired SPS or CoC certificates;
  • Mismatch in HS codes or product descriptions;
  • Frequent supplier/consignee changes;
  • Non-use of approved eco-labels or packaging.

c) Trusted Trader & AEO Programs

  • Certified cooperatives under AEO schemes enjoy expedited processing (Green/Blue Channels).
  • Benefits:
    • Reduced inspections;
    • Deferred duty payment;
    • Priority service at OSBPs;
    • Access to pre-arrival clearance and self-declaration.
  • Examples:
    • URA’s AEO Green Lane
    • KRA’s Gold AEO Program
    • TRA’s Preferred Trader Scheme

8.5. Digital Integration and Coordination

System / Tool Function
ASYCUDA World / TANCIS / iCMS Core customs declaration and valuation systems
National Single Windows Integrate customs, SPS, and TBT data for unified clearance
e-Payment Systems Enable digital payment of duties and fees
e-Manifest & e-Tracking Monitor shipments electronically
Risk Management Modules Automate profiling and channel assignment
AfCFTA e-Tariff & NTB Portals Provide tariff schedules and NTB resolution mechanisms

8.6. Post-Clearance Audits and Compliance Assurance

  • Audits confirm declaration accuracy post-release.
  • For cooperatives, audits verify origin certificates, eco-claims, and traceability.
  • Non-compliance may lead to penalties or suspension from preferential schemes.

8.7. Coordination with Other Border Agencies

  • Port Health and SPS officers – product safety
  • Standards bodies – conformity validation
  • Immigration/security – movement control
  • Trade & Gender desks – trader inclusion

Joint inspections reduce duplication and improve transparency, especially for perishables.

8.8. Key Benefits for Agroecological Traders

Area Benefit
Speed Pre-arrival processing & risk-based release reduce delays
Cost Savings Preferential tariffs & simplified digital clearance
Transparency Real-time valuation & data sharing minimise discretion
Sustainability Green Channel rewards eco-compliant trade
Trust & Predictability Post-clearance audits uphold integrity

8.9. Challenges and Ongoing Reforms

Challenge Response
Inconsistent valuation across borders Harmonised EAC–AfCFTA reference databases
Limited trader knowledge Capacity-building for MSMEs and cooperatives
Under-invoicing in informal trade Digital record linkage between customs & tax authorities
Delayed audits Automated PCA management tools and feedback

8.10. Strategic Outlook

  • AI-assisted risk analysis for agroecological products;
  • Blockchain traceability linking customs, SPS, and eco-certification databases;
  • Green Customs Frameworks recognising sustainability performance in clearance prioritisation.

These innovations strengthen Africa’s shift toward inclusive, efficient, and environmentally responsible trade facilitation.

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