Kenya - United Arab Emirates CEPA (2025)
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Chapter 17. FINAL PROVISIONS

17.1: Annexes, Side Letters, and Footnotes The Annexes, Side letters, and footnotes to this Agreement constitute an integral part of this Agreement. Article 17.2: Review This Agreement shall be reviewed every five years from the date of its entry into force. ARTICLE 17.3: Amendments 1. Either Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation. 2. Amendments to this Agreement shall, after consideration and recommendation by the Joint Committee, be submitted to the Parties for ratification, acceptance, or approval in accordance with the constitutional requirements or legal procedures of the respective Party. 3. Amendments to this Agreement shall enter into force in the same manner as provided for in Article 17 .6, unless otherwise agreed by the Parties.

ARTICLE 17.4: Accession l. This Agreement shall be open for accession by any country or group of countries including a contracting Party to the treaty for the establishment of the East African Community after the date of entry into force of th.is Agreement. An applicant may accede to this Agreement subject to such terms and conditions as may be agreed between the applicant and the Parties. 2. An applicant may seek to accede to this Agreement by submitting a request in writing through the Joint Committee. 17-1

3. 4. 5. 6. Following the approval of the Joint Committee the applicant may deposit the instrument of accession. This Agreement shall enter into force in relation to the acceding Party on the date its instrument of accession is deposited or on such other date as maybe agreed by aU of the Parties. 1n addition to this Article, the accession process shall be carried out in accordance with the procedure for accession to be adopted by the Joint Committee. Where certain amendments to this Agreement may be required as a result of accession, the Parties will jointly identify and agree to such amendments.

ARTICLE 17.5: Duration and Termination 1. 2. This Agreement shall be valid for an indefinite period unless terminated by either Party in accordance with the terms herein. Either Party may terminate this Agreement by written notification to the other Party, and such termination shall take effect six months after the date of the notification.

ARTICLE 17.6: Entry into Force l. The Parties shall ratify this Agreement in accordance with their internal legal procedures. 2. When a Party bas ratified this Agreement in accordance with its internal legal procedures, that Party shall notify the other Party of such ratification, approval or acceptance in writing, through diplomatic channels, within a period of 60 days from such ratification. 3. Unless the Parties agree otherwise, where both Parties bave notified each other of such ratification, approval or acceptance, this Agreement shall enter into force on the first day of the second month following the date of receipt of the last written notification. Article 17.7: Authentic Texts This Agreement is done in duplicate in Arabic, and English languages. All texts shall be equally authentic. In case of any divergence, the English text shall prevail.

Conclusion

lN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE at Abu Dhabi, United Arab Emirates on the 14th day of January, 2025.

For the Government of the Republic of Kenya

H.E. Dr. Musalia Mudavadi, EGH

Prime Cabinet Secretary and Cabinet Secretary Ministry of Foreign and Diaspora Affairs

For the Government of the United Arab Emirates

H.E. Dr. Thani bin Ahmed Al Zeyoudi

Minister of State for Foreign Trade

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  • Chapter   I INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Comprehensive Economic Partnership Agreement 1
  • Article   1.2 Objectives 1
  • Article   1.3 General Definitions 1
  • Article   1.4 Geographical Scope 1
  • Article   1.5 Relation to other Agreements 1
  • Article   1.6 Regional and Local Government 1
  • Article   1.7 Transparency 1
  • Article   1.8 Confidential Information 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Objectives 1
  • Article   2.3 Scope and Coverage 1
  • Article   2.4 National Treatment 1
  • Article   2.5 Classification of Goods and Transposition of Schedules 1
  • Article   2.6 Import and Export Restrictions 1
  • Article   2.7 Export Duties 1
  • Article   2.8 Import Licensing 1
  • Article   2.9 Customs Valuation 1
  • Article   2.10 Export Subsidies 1
  • Article   2.11 Restrictions to Safeguard the Balance-of-Payments 1
  • Article   2.12 Administrative Fees and Formalities 1
  • Article   2.13 Non-Tariff Measures 1
  • Article   2.14 State Trading Enterprises 1
  • Article   2.15 Temporary Admission of Goods 1
  • Article   2.16 Goods Re-Entered after Repair or Alteration 1
  • Article   2.17 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   2.18 Subcommittee on Trade In Goods 1
  • Article   2.19 Rendez-vous Clause 2
  • Chapter   3 RULES OF ORIGIN 2
  • Article   3.1 Definitions 2
  • Section   A Origin Determination 2
  • Article   3.2 Originating Goods 2
  • Article   3.3 Wholly Obtained Goods 2
  • Article   3.4 Sufficient Working or Processing 2
  • Article   3.5 Intermediate Goods 2
  • Article   3.6 Cumulation 2
  • Article   3.7 Tolerance 2
  • Article   3.8 Insufficient Operations 2
  • Article   3.9 Indirect Materials 2
  • Article   3.10 Unit of Qualification 2
  • Article   3.11 Accessories, Spare Parts, Tools 2
  • Article   3.12 Packaging Materials and Containers for Retail Sale 2
  • Article   3.13 Packaging Materials and Containers for Shipment 2
  • Article   3.14 Fungible Goods and Materials 2
  • Article   3.15 Sets of Goods 2
  • Section   B Territoriality and Transit 2
  • Article   3.16 Principle of Territoriality 2
  • Article   3.17 Outward Processing 2
  • Article   3.18 Transit and Transshipment 2
  • Article   3.19 Special Economic Zones or Free Zones 2
  • Article   3.20 Third Party Invoicing 2
  • Section   C Origin Certification 2
  • Article   3.21 Proof of Origin 2
  • Article   3.22 Exemptions from Proof of Origin 2
  • Article   3.23 Certificate of Origin In Paper Format 3
  • Article   3.24 Electronic Data Origin Exchange System 3
  • Article   3.25 Origin Declaration 3
  • Article   3.26 Application and Examination of Application for a Certificate of Origin 3
  • Article   3.27 Certificate of Origin Issued Retrospectively 3
  • Article   3.28 Loss of the Certificate of Origin 3
  • Article   3.29 Importation by Instalments 3
  • Article   3.30 Treatment of Erroneous Declaration In the Certificate of Origin 3
  • Article   3.31 Treatment of Minor Discrepancies 3
  • Section   D Cooperation and Origin Verification 3
  • Article   3.32 Denial of Preferential Tariff Treatment 3
  • Article   3.33 Retroactive Check 3
  • Article   3.34 Verification Visits 3
  • Article   3.35 Record Keeping Requirement 3
  • Article   3.36 Confidentiality 3
  • Article   3.37 Contact Points 3
  • Article   E SECTION E: Consultation and Modification 3
  • Article   3.38 Consultation and Modifications 3
  • Article   3.39 Notification 3
  • Chapter   4 CUSTOMS PROCEDURES & TRADE FACILITATION 3
  • Article   4.1 Definitions 3
  • Article   4.2 Scope 3
  • Article   4.3 General Provisions 3
  • Article   4.4 Publication and Availability of Information 3
  • Article   4.5 Risk Management 3
  • Article   4.6 Post-Clearance Audit 3
  • Article   4.7 Paperless Communications 3
  • Article   4.8 Advance Rulings 3
  • Article   4.9 Penalties 3
  • Article   4.10 Release of Goods 3
  • Article   4.11 Authorized Economic Operators 3
  • Article   4.12 Border Agency Cooperation 4
  • Article   4.13 Expedited Shipments 4
  • Article   4.14 Review and Appeal 4
  • Article   4.15 Customs Cooperation 4
  • Article   4.16 Confidentiality 4
  • Article   4.17 Subcommittee on Customs Procedures and Trade Facilitation 4
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   5.1 Definitions 4
  • Article   5.2 Objectives 4
  • Article   5.3 Scope 4
  • Article   5.4 General Provisions 4
  • Article   5.5 Equivalence 4
  • Article   5.6 Risk Assessment 4
  • Article   5.7 Emergency Measures 4
  • Article   5.8 Transparency 4
  • Article   5.9 Cooperation 4
  • Article   5.10 Adaptation to Regional Conditions (Regionalization and Compartmentalization) 4
  • Article   5.11 Subcommittee on Sanitary and Phytosanitary Measures 4
  • Article   5.12 Competent Authorities and Contact Points 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 4
  • Article   6.1 Objectives 4
  • Article   6.2 Scope 4
  • Article   6.3 Rights and Obligations 4
  • Article   6.4 Standards 4
  • Article   6.5 Technical Regulations 4
  • Article   6.6 Conformity Assessment Procedures 4
  • Article   6.7 Cooperation 4
  • Article   6.8 Transparency 4
  • Article   6.9 Contact Points 4
  • Article   6.10 Information Exchange and Technical Discussions 4
  • Article   6.11 Subcommittee on Technical Barriers to Trade 4
  • Chapter   7 TRADE REMEDIES 4
  • Article   7.1 Scope 4
  • Article   7.2 Anti-Dumping and Countervailing Measures 4
  • Article   7.3 Global Safeguard Measures 5
  • Article   7.4 Cooperation and Institutional Arrangement 5
  • Article   7.5 Bilateral Safeguards 5
  • Article   7.6 Dispute Settlement 5
  • Chapter   8 INVESTMENT 5
  • Article   8.1 UAE-Kenya Bilateral Investment Agreement 5
  • Article   8.2 Promotion and Facilitation of Investments 5
  • Article   8.3 Subcommittee on Investment 5
  • Article   8.4 Non-Application of Dispute Settlement 5
  • Chapter   9 TRADE IN SERVICES 5
  • Article   9.1 Definitions 5
  • Article   9.2 Objectives 5
  • Article   9.3 Scope and Coverage 5
  • Article   9.4 Progressive Liberalisation 5
  • Article   9.5 Schedules of Specific Commitments 5
  • Article   9.6 Most-Favoured Nation Treatment 6
  • Article   9.7 Market Access 6
  • Article   9.8 National Treatment 6
  • Article   9.9 Additional Commitments 6
  • Article   9.10 Modification of Schedules 6
  • Article   9.11 Domestic Regulation 6
  • Article   9.12 ARTICLE 9.12: Recognition 6
  • Article   9.13 Payments and Transfers 6
  • Article   9.14 Monopolies and Exclusive Service Suppliers 6
  • Article   9.15 Business Practices 6
  • Article   9.16 Restrictions to Safeguard the Balance-of-Payments 6
  • Article   9.17 Denial of Benefits 6
  • Article   9.18 Monitoring and Evaluation 6
  • Article   9.19 Annexes 6
  • Chapter   10 DIGITAL TRADE 6
  • Chapter   11 MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES 6
  • Chapter   12 ECONOMIC AND DEVELOPMENT COOPERATION 6
  • Chapter   13 INTELLECTUAL PROPERTY 6
  • Chapter   14 ADMINISTRATION OF THE AGREEMENT 6
  • Chapter   15 EXCEPTIONS 6
  • Chapter   16 DISPUTE SETTLEMENT 6
  • ANNEX 16A  RULES OF PROCEDURE FOR THEPANEL 6
  • ANNEX 16B  CODE OF CONDUCT FOR PANELISTS 6
  • Chapter   17 FINAL PROVISIONS 7