|CHAPTER 1 - CUSTOMS AND EXCISE (1ST BOOKLET) CODE | HOME|
|127A. Determination of goods for export.|
|Dumping and subsidy defined.||Adjustment for fractions of a shilling.|
|Determination of value of goods for export. 10 of l986, s.6, 9 of 1992,s. 10, 4 of 1993, s.13, 5 of 1998, s.8||127A. (1) The value of goods for export, whether exampt from duty, liable to specific duty or liable to ad valorem duty, shall include -
(a) the cost of the goods to the buyer outside Kenya;
(b) packing charges;
(c) transport and all other charges up to the time of delivery of the goods on board the exporting aircraft or vessel, or at the place of exit from Kenya;
(d) any levy, cess, duty or tax.
(2) In the case of goods for re-exportation, the value shall include -
(a) the landed cost at the time of importation;
(b) all other charges, including transport up to the time of the delivery of the goods on board the exporting aircraft or vessel or to the place of exit from Kenya.
(3) The rate of exchange to be used for determining the equivalent in Kenya currency of any foreign currency shall be the prevailing current buying rate of sight drafts as last notified by the Central Bank, or the rate applied by banks or financial institutions, whichever is the higher, when an entry is presented and accepted by the proper officer in accordance with section 63.
(4) Notwithstanding subsection (3), the rate applicable shall be further determined by the Commissioner as the weighted average of the prevailing buying rates in force during the previous week and, subject to any official revaluation or devaluation of any currency as notified by the Central Bank, shall remain valid throughout the week.
(5) Subject to subsections (3) and (4), the Commissioner may require any bank or financial institution to submit details or any information in respect of the rates of exchange of foreign currency and such details or information shall be given immediately.
(6) Any bank or financial institution which fails to comply with subsection (5) shall be guilty of an offence.
(7) Where an entry has been checked and accepted by the proper officer, the duty payable shall be paid within five days from the date of acceptance, and in default, a new assessment of the value shall be redetermined in accordance with subsections (3) and (4).