A Simplified Guide for Micro and Small-Scale Women Cross Border

Traders and Service Providers within the East African Community (EAC)

3
EAC rules and regulations on
short-term/temporary supply or
provision of services, movement
of persons/people and workers
Table of contents

Foreword iv
Acknowledgements vi
Location map of East Africa vii
Acronyms viii

EAC rules and regulations on short-term/temporary supply or provision

of services, movement of persons/people and workers 1
Introduction 1
Short-term/temporary supply or provision of services 1

Key EAC rules and regulations on movement of persons/people 4

Key EAC rules and regulations on movement of workers 5

iii
 Foreword
The East African Community (EAC) continues to consolidate key
regional integration achievements particularly the implementation of
the EAC Single Customs Territory, and the application of the revised
EAC Rules of Origin, 2015. The operationalization of the revised EAC
Rules of Origin, 2015 has eased doing business in the region. The
removal of several tariff and non-tariff trade barriers has promoted the
movement of goods and services across borders and tremendously
spurred intra-EAC Trade. Available statistics show that trade within the
EAC increased from US$4.5 billion in 2011 to US$5.1 billion in 2015.

Articles 121 and 122 of the Treaty Establishing the East African
Community recognizes the role of Women in Socio-Economic
Development and in Business. Based on this Treaty provision, EAC
Partner States are therefore committed to promote gender equality
and women’s empowerment through linking women to national
and regional markets and improving their access to relevant and
customized information on EAC and/or national market opportunities.

One of the non-tariff barriers impeding trade across the region is the
lack of information. Traders struggle to find information regarding
the goods and services allowed for trade in each Partner State, the
standards and authorization certifications required, the taxes and tariffs
expected in each Partner State, the import and export laws of each
Partner State, the trade processes and controls, the rules of origin and
the customs procedures among other details that are important for
successful trade within the region. Information is also lacking on where
a trader should go to find help or lodge a complaint regarding cross
border trade offences or inconsistencies.

This lack of information has left big loop holes for corruption and the
shortchanging of traders as they endeavor to move their goods from
one Partner State to another. As a result, traders incur great financial
losses incurred, and in several instances, forcing them out of business.
The lack of clear and accessible information is more acute among

iv
women entrepreneurs as communication channels and means have
not necessarily been developed along their needs.

Against this background the EAC, in partnership with the ILO, have
developed a comprehensive information pack (Simplified Guide/Tool)
containing up-to-date and relevant information on the existing policies,
procedures, requirements, rules of origin, taxes, tariffs, exemptions
and facilities available to cross border traders such that they can ably
trade within the region.

This guide provides information on key EAC trade rules, regulations

and procedures, related to trade within the EAC (intra-EAC trade)
in a simplified and user-friendly manner. The main users of this will
mainly be micro and small scale women cross border traders and
service suppliers as well as associations and networks of women
entrepreneurs, service suppliers and cross border traders but also
secondary users such as cross border traders, the private sector
in general, young entrepreneurs, investors, Business Membership
Organizations (BMOs), Non-Governmental Organizations (NGOs),
development partners as well as relevant government institutions.

I take this opportunity to thank the Directorates of Social Sectors,

Customs and Trade, the gender and trade experts from Partner
States, development Partners particularly the International Labour
Organisation and GIZ for the technical and financial support provided
in the development and production of this Info pack.

Amb. Liberat Mfumukeko

Secretary General
East African Community

v
 Acknowledgements
The East African Secretariat wishes to take this opportunity to sincerely
thank the International Labour Organisation (ILO) and the GIZ - Support
to the African Union Border Programme for the support provided in the
development of the Simplified Guide and Information Pack on EAC
Trade Rules and Regulations for Women Cross Border Traders.

The Simplified Guide and Information Pack was developed by the EAC
Secretariat with technical and financial support from the International
Labour Organization - Women Entrepreneurship Development and
Economic Empowerment Project (ILO WEDEE) to sensitize cross
border traders on the opportunities provided for by the Customs
Union and Common Market Protocols in addressing challenges faced
by women in business especially in the EAC cross border trade.

We are especially grateful to go to all Gender and Trade experts from

the EAC Partner States for all their efforts and contribution during the
preparation of the Simplified Guide and the Information pack.

Last but not least we appreciate the efforts of Ms. Mary Makoffu,
Director, Social Sectors, Mrs. Generose Minani, the Principal Gender
Officer and Mr. Morris Tayebwa, Programme Assistant in the Gender
Department who coordinated the participation, reviews and final
inputs from the Partner States experts, Customs and Trade and EAC
Statistics in the production of this report.

EAC Secretariat,
December 2016

vi
vii
 Acronyms

BMOs Business Membership Organizations

CMP Common Market Protocol
DFR Department of Fisheries
DVS Department of Veterinary Services
EAC East African Community
FDI Foreign Direct Investment
GDP Gross Domestic Product
KEPHIS Kenya Plant Health Inspectorate Services
MAFC The Ministry of Agriculture, Food Security and
Cooperatives
MLDF Ministry of Livestock Development and Fisheries
NGOs Non-Governmental Organizations
RoO Rules of Origin (EAC)
SMEs Small and Medium Enterprises
SPS Sanitary and Phyto-sanitary measures
TAEC Tanzania Atomic Energy Commission
TFDA Tanzania Food and Drugs Authority
TPRI The Tropical Pesticide Research Institute
US$ United States Dollar
VAT Value Added Tax

Notations in the booklet

Indicates a QUESTION asked

Indicates an ANSWER to the question asked

Note: This brings to attention supplementary

information to be taken into consideration

Text box: This gives further explanations of certain

areas

Directs the user to another booklet

viii
EAC rules and regulations on short-term/
temporary supply or provision of services,
movement of persons/people and workers

Introduction
This booklet presents information on the EAC rules and
regulations relating to:
1. Short-term/temporary supply or provision of services
2. Movement of persons/people
3. Movement of workers

Short-term/temporary supply or
provision of services
The main rules and regulations relating to supply or provision of
services are found in the EAC Common Market Protocol (CMP).
The key rules are those relating to the free movement of persons
providing/supplying a service for a short period of time (also
known as short-term/temporary service suppliers). Examples of
these suppliers include: independent consultants, food caterers,
sales persons and ICT maintenance persons.

The CMP provides for free movement of temporary services

suppliers under Article 16.6. It is important to note that temporary/
short-term services suppliers are different from workers in terms of
the period of time and how frequent they supply the service.

The key features of temporary/short-term service suppliers are;

1
 • The services to be provided are on short period of time or
temporary basis.
• The short-term/temporary service supplier is paid in their
home country and it is not necessary for the supplier to live
in the country in which the services are provided.
• The short-term/temporary services supplier does not benefit
from rights that workers have, such as social security
benefits.

Differences between short-term/temporary services

suppliers and workers

Issue Free movement of Freedom to provide

workers regulations services schedule
Basic right Right of an individual Right of a service provider
to apply for and accept (business) to provide/
employment supply services on short-
term basis
Basis of movement Permanent Temporary/short-term
Length of stay Long-term Short-term
Access to labour Yes No
market
Right to remain Yes No, unless period reaches
[five] years
Access to social Yes No
security benefits
(provided through
for example National
Social Security Funds)
Where person is paid Country where worker Country where the service
moves to provider comes from
Spouse and Yes No
dependants rights

2
 What are the specific rules relating to
short-term/temporary service suppliers?

Despite the differences between temporary/short-term service

suppliers and workers, there are currently no separate rules in the
EAC. The EAC regulations on movement of workers also apply
to movement of short-term/temporary service suppliers. The
regulations on movement of workers are discussed on page 5.

New dawn for short-term/temporary service

suppliers!

After much deliberation and negotiations, EAC Partner States

committed to develop a separate set of regulations for temporary/
short-term services suppliers. Negotiations commenced in November
2014 and should lead to new and less restrictive regulations on
movement of temporary/short-term service suppliers.

3
 Key EAC rules and
regulations on movement of
persons/people
Free movement of persons/people is provided for under Article 7
of the CMP.

A citizen of any EAC Partner State can enter and remain in

another EAC Partner State without a visa only for reasons of
visiting, seeking medical treatment, traveling to another country,
undertaking studies or any other lawful reason for a period of upto
6 months with a possibility of renewal.

It is important to note, that a person entering an EAC Partner

State for reason of employment or work is NOT covered under
this provisions and therefore different requirements apply which are
discussed in Page 5.

Documents required for persons/people to move freely within

the EAC

To travel/move freely within the EAC, a citizen of an EAC Partner State must
have;
1. A valid travel document, i.e. passport or temporary pass document. It is
worth noting that Kenya, Uganda and Rwanda recognize national identity
cards as valid travel documents. Tanzania is in the process of issuing its
citizens with national identity cards.
2. Comply with immigration procedures e.g. filling in the required
immigration forms, and getting the right medical vaccinations such as
yellow fever vaccination. Tanzania for example requires that all persons
entering Tanzania must be vaccinated against yellow fever.

No payment or fee is required for immigration forms or the

six months stamp/pass.

4
Key EAC rules and regulations on
movement of workers

The CMP provides that citizens of EAC Partner States have the
right to seek and take-up employment in another EAC Partner
State. Workers also have the right to social security, rights for their
dependents (i.e. spouse and children), the freedom of association
and collective bargaining, as well as opportunity for dispute
settlement.

The main regulation on movement of workers in the EAC is a valid

work permit.

Documents required for application of a work

permit in an EAC Partner State

The following documents are required;

a) A valid passport;
b) A contract of employment; and
c) Any other document(s) that the authorities may require.

All work permit application must be made within 15 days of

entering into another EAC Partner State, or within 15 days from
the date of concluding the contract in the case where the worker
is already in the other EAC Partner State. The worker and his/her
dependents will also be given a pass to remain in the country for
a period of 6 months pending the processing of the work permit.

5
 In cases where employment does not go beyond 90 working days,
workers can apply for a special pass which can be issued at the
point of entry into another EAC Partner State. However, the worker
will need to present a contract and a valid travel document before
applying for a special pass.

Authorities responsible for movement of workers in EAC

Partner States

EAC Partner State Authority (Ministry/ Document(s) issued

Department/Office)
Ministry of Immigration Residence permit
Burundi (Direction Générale de la
(a worker needs both Police (Air), des Frontiers et
a work permit and a des Etrangèrs)
residence permit) Ministry of Labour Work permit/special pass
Immigrating Office (Ministry Work permit/special pass
Kenya of Internal Affairs)
Rwanda Directorate Work permit/special pass
Rwanda General of immigration and
Emigration
Principal Commissioner of Residence permit
Tanzania Immigration
(a worker needs both Ministry of Labour Work permit/special pass
a work permit and a Zanzibar Head Office (for Work permit/special pass
residence permit) workers who want to work
in Zanzibar).
Uganda Ministry of Internal Affairs Work permit/special pass
Source: EAC Secretariat

Booklet 5: References on Country Specific Key Support Agencies, their

Services and Contact Information

6
 Is one required to pay a fee in order
to obtain a work permit?

The Republics of Kenya, Rwanda and Uganda have removed the

Entry/Work/Residence Permit fees.

Resident and Work Permit fees in United Republic of Tanzania

The United Republic of Tanzania charges a resident permit fee of

USD 1500. The residence permits can be applied for while within
the country and are granted for a period of two years.

The work permit fees as prescribed in the Non-Citizens (Employment

Regulations) Act No 1 of 2015” are as follows:

Class Item Fee USD

A Investors and self employed 1000
B Non-citizens in Possession of professions 500
C Non-citizens in possession of other professions 1000
D Non-citizens employed or engaged in approved 500
religion and charitable organization
E Refugees Not Charged

The Work permit inspection fee is USD 50

7
 Resident and Work Permit fees in United Republic of Burundi

Burundi has removed residence permit fees for citizens of other

EAC Partner States have been removed. Work permit fees are
charged at a rate of 3% of the total annual earnings through the
Ministry of Labour.

However, Work Permit fees are to be removed after the new Labour
Code is revised.

Those seeking to work in Zanzibar (for the same company

and in the same position) and already have a work permit
from Mainland Tanzania, should go the immigration office in
mainland Tanzania and obtain a letter allowing them to work
in Zanzibar.

What is the procedure to be followed

when a worker stops working?

When a worker stops working, he/she is required to inform

authorities in writing within 15 days.

If he/she wishes to change employment, the worker is also required

to inform authorities in writing within 15 days after the employment
comes to an end and must apply for a new work permit.

8
 What happens if a work permit
application is rejected?

In the event that a work permit application has been rejected by

the authorities, the worker should be informed by the authorities
in writing specifying the grounds for the reject. Further, when a
work permit is denied, the authority should give reasonable time
for the worker (applicant) and his/her dependents to leave the
country.

Can a work permit be cancelled?

Yes. A work permit can be canceled if a worker/employee is

removed (dismissed) from employment for which the permit was
issued or if the permit was acquired in an illegal way.

Where the work permit has been canceled, the worker should
either leave the country or regularize his or her status within 30
days. If the worker does not comply with the 30day deadline, the
host country may return him/her to his country.

The following table on page 10 summarizes the requirements and

procedures for obtaining work permits in the five EAC Partner
States.

9
Requirements/conditions for issuing work permits in the EAC

General requirements across all EAC Partner States

Condition Kenya Uganda Tanzania Rwanda Burundi
Completion of Applicable Applicable Applicable Applicable Applicable
application forms
Attachment of Applicable Applicable Applicable Applicable Applicable
Passport Size (2 photos) (2 photos) (6 photos) (1 photo) (2 photos)
Photographs
Copy of the Applicable Applicable Applicable Applicable Applicable
National Passport
Attachment of Applicable Applicable Applicable Applicable Applicable
introduction letter
or curriculum
vitae
Attachment Applicable Applicable Applicable Applicable Applicable
of copies of
academic
certificates
(preferable
certified copies)
Attachment Applicable N/a N/a N/a N/a
of evidence
of payment of
processing fees
Employment Applicable Applicable Applicable Applicable Applicable
contract
Security bonds N/a Applicable Applicable N/a N/a
Recommendation N/a N/a N/a Applicable N/a
letter for
employer
Letter of good N/a Applicable N/a Applicable in the N/a
conduct form of Police
clearance (original)
from the country
where you have
lived for the last 6
months

Source: Authorities responsible for Movement of Workers in the five EAC Partner States

10
Contents developed with the support from:

11
Contact info

East African Community Secretariat

P.O. Box 1096, Arusha, Tanzania
Telephone: +255 27 2162100
Fax: +255 27 2162190
Email: [email protected]
www.eac.int

The “Women’s Entrepreneurship Development and Economic Empowerment” Project

Support to the African Union Border Programme

Design & Layout: Catherine Njeri • Illustrations: Michael Barasa / Catherine Njeri

ISBN 978-9987-712-69-4