National Electronic Single Window System Act

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

Section 2 lists definitions of terms used in the Act (for example: "addressee", "advanced electronic signature", "Agency", "authorised person", "Board", "Cabinet Secretary", "computer", "customs", "data", "data message", "disclosure", "electronic form", "electronic record", "electronic signature", "electronic communication", "electronic records system", "electronic transaction", "information", "information system", "intermediary", "originator", "services", "System", "service level agreement", "Shippers Council of East Africa", and "trade").

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

The Act applies to Government entities, persons importing or exporting goods, and persons involved in domestic trade.

States the guiding principles of simplicity and practicability.

The Agency must adopt internationally accepted standards, procedures, documents, technical details and formalities to implement the System.

The provision enables levying nominal fees for services (to be prescribed in Regulations) and facilitating collection of other dues; it also addresses prescribed fees payable to the Agency and reduction or exemption from fees and the conditions for those reductions or exemptions.

Persons required to use the System must apply to the Agency to be registered as users of the System.

Section title: 'Co-operation with other institutions or agencies' and the text includes 'be the national lead agency; and'.

Establishes the National Electronic Single Window System and provides that the System may be used by a person involved in domestic trade transactions; the System handles electronic lodging of documents and facilitates electronic payment of fees and levies on imported or exported goods.

The System's objective is to facilitate a single-entry point for submitting and receiving documents and other information required for trade facilitation.

The Agency must administer the System and must maintain the System's integrity and security.

Other agencies must co-operate with the Agency.

The Agency must facilitate electronic transactions using reliable electronic records and must promote public confidence in the integrity and reliability of electronic records in the System.

Information submitted, communicated or referred electronically in the System by the user has the same legal effect as if submitted physically.

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

Signatures, statements or documents needing notarisation, acknowledgement, verification or oath can be fulfilled in the System by a secure electronic signature of a person authorised by law; certified electronic copies may be discharged by certified printouts or by certified electronic copies confirmed by an authorised person's electronic signature verified in the System.

Section 18: Multiple-copy submission requirements can be satisfied by a single reproducible data message; documents required to be sealed may be sealed electronically when law does not prescribe a method; a document is sealed if it includes the electronic signature of the person authorised to seal it.

An electronic communication in the System is treated as dispatched when it first enters an information system outside the originator's control.

For an addressee who has designated an information system to receive electronic communications, receipt occurs when the electronic communication enters that information system.

Information in the System is deemed to have maintained integrity if it has remained complete and unaltered; however, addition of endorsements or material changes arising in the normal course of communication, storage or display do not by themselves mean the integrity has been altered.

If an originator makes receipt conditional on acknowledgment, the data message is treated as not sent until the originator receives acknowledgment; if no acknowledgment is received the originator may give notice specifying a reasonable time, treat the message as never sent, or exercise other rights; an acknowledgment received gives rise to a presumption that the addressee received the message.

Requires retention of information about the origin of electronic communication.

Requires that information provided or produced in electronic form ensure the maintenance of its integrity and be readily accessible for subsequent reference.

Requires notifying every person to whom the information is required to be provided or produced that the information is required to be provided or produced.

Establishes the Kenya Trade Network Agency.

The Agency must establish and manage the System and facilitate trade.

Lists who sits on the Agency's Board (chairperson, CEO, specified Principal Secretaries or representatives, a Shippers Council representative, and members for trade logistics/ICT/finance or administration) and sets that the chairperson and members appointed under (1)(f) and (g) serve three-year terms and may be re-appointed once.

Resignation must be in writing to the Cabinet Secretary.

The Board must be responsible for the administration, management and development of the Agency and has specified powers including administering assets, receiving money, entering associations, imposing approved fees, and formulating strategies.

The Board may, by resolution, delegate any of the Agency's powers, functions or duties to a committee of the Board or to any member, officer, employee or agent of the Agency.

The Board must competitively recruit and appoint a Chief Executive Officer who is responsible for the Agency's day-to-day operations; the CEO must hold a relevant postgraduate degree, have at least ten years senior management experience, and serve a four-year term renewable once for a further and final four years under terms in the instrument of appointment.

The Agency may employ other staff or agents as it considers necessary for discharging its functions and duties, on terms determined by the Cabinet Secretary in consultation with the Board.

Funds of the Agency are such moneys as may be appropriated by Parliament.

The Agency's financial year is the twelve-month period ending on 30 June each year.

The Board must prepare the Agency's annual budget estimates in accordance with the Public Finance Management Act, approve them before the financial year starts, and submit approved estimates to the Cabinet Secretary for approval.

The Board must keep proper accounting records and must submit the Agency's annual financial statements to the Controller of Budget and the Auditor‑General within three months after each financial year ends.

Section 38 addresses copyright and mentions the reproduction of a document from the System.

Section 39 sets security requirements for the System: the security of data; confidentiality and use only for intended purposes; precautions to secure electronic systems from unauthorized access; requiring users of the System to comply with applicable policies, written laws and Regulations relating to data protection; notifying users of foreseeable and unforeseen service interruptions within prescribed timelines; and providing an alternative method of payment.

The Agency and its officers are protected from suits or prosecutions for acts done in good faith, but the Agency must pay compensation for injuries caused by bad faith and must pay expenses for persons sued under its direction if the court finds no wilful default.

A person who contravenes this Act commits an offence and, upon conviction, may be punished by a fine not exceeding five hundred thousand shillings, or imprisonment for a term not exceeding one year, or both.

The Agency may sanction a person who contravenes any provision of this Act, including blacklisting, suspension of access, or other sanctions the Agency considers fit.

The Cabinet Secretary may, in consultation with the Agency, make regulations to carry out the Act and on specified matters; the power is limited to bringing provisions of the Act into effect and rules must follow specified principles.

On commencement of the Act: rights, obligations and contracts of the former Board become those of the Board; former Board members are deemed members of the reconstituted Board for their unexpired terms; former officers and staff become officers and staff of the Board; the former Board's Chief Executive Officer becomes the Board's Chief Executive Officer for the unexpired term.