Importing Gold in Kenya | Legal Requirements & Process in 2025

Importing gold in Kenya is a highly regulated process that requires a thorough understanding of legal frameworks, customs procedures, taxation, logistics, and security measures. As a country with a growing gold market, driven by artisanal and small-scale mining (ASGM) and increasing demand for jewelry and investment, Kenya offers opportunities for importers but imposes strict controls to prevent illegal trade, money laundering, and tax evasion. Importing gold in Kenya

importing gold in kenya

 Legal Framework for Importing Gold

Importing gold into Kenya is governed by several laws and regulations to ensure transparency, prevent illicit trade, and protect national interests. Key legal frameworks include:

  1. Mining Act, 2016

The Mining Act regulates the trade of minerals, including gold, and requires:

  • Dealer’s License: Anyone importing, buying, or selling gold in Kenya must hold a valid dealer’s license from the Ministry of Mining. The license costs approximately KES 100,000 (~USD 770) annually and requires proof of tax compliance and company registration.
  • Import Permit: An import permit from the Ministry of Mining is mandatory to bring gold into Kenya, verifying the gold’s legal origin and compliance with regulations.

2 Precious Metals and Gemstones (Prevention of Illicit Trade) Act, 2015

This act aims to curb illegal trade in precious metals and mandates Licensing of importers and dealers, Documentation proving the gold’s legal source, and Penalties for non-compliance, including fines up to KES 5 million or imprisonment for up to seven years. Importing gold in Kenya

3 Customs Service Act and East African Community Customs Management Act (EACCMA), 2004

The KRA administers customs regulations under the EACCMA, which governs gold imports within the East African Community (EAC). Key requirements include: Import Declaration Form (IDF, Customs Duties and Taxes, and Tax Identification Number (PIN), this is required for all importers to register with the KRA.

4 Anti-Money Laundering (AML) and Know Your Customer (KYC) Regulations

Kenya’s Financial Reporting Centre (FRC) enforces AML and KYC policies to prevent gold imports from being linked to money laundering or terrorism financing. Importers must Conduct due diligence on suppliers and buyers, Maintain transaction records for at least seven years, and report suspicious activities to the FRC.

5 International Compliance

Importers must ensure that gold complies with international standards, such as those of the London Bullion Market Association (LBMA) for purity and sourcing. Additionally, the exporting country’s regulations (e.g., export permits or Certificates of Origin) must be verified to avoid importing conflict gold or illegally sourced materials.

 Step-by-Step Process for Importing Gold

Importing gold into Kenya requires careful planning and adherence to a structured process. Below is a detailed guide: Importing gold in Kenya

Step 1: Register a Company

To import gold, you must register a company with the Registrar of Companies in Kenya. Requirements include a registered business name and articles of incorporation, Tax Identification Number (PIN) from the KRA,  physical office address in Kenya for verification.

Step 2: Obtain a Dealer’s License

Apply for a dealer’s license from the Ministry of Mining, Blue Economy, and Maritime Affairs. Required documents include Proof of company registration, Tax compliance certificate from the KRA,   and Payment of the license fee. This license authorizes you to import, trade, and sell gold legally in Kenya.

Step 3: Source Gold from Reputable Suppliers

Identify trusted suppliers in exporting countries like Dubai, South Africa, or Switzerland. Key considerations include:

  • Verification: Request a Certificate of Origin and Certificate of Assay from the supplier to confirm the gold’s legal source and purity (e.g., 99.9% for LBMA-compliant gold).
  • Due Diligence: Conduct KYC checks on suppliers to comply with AML regulations. Verify their licensing status and reputation through platforms like the LBMA or industry networks.
  • Contracts: Sign a purchase agreement specifying the gold’s quantity, purity, price, and delivery terms.

Step 4: Apply for an Import Permit

Submit an application for an import permit to the Ministry of Mining. Required documents include Dealer’s license, Certificate of Origin from the exporting country, Certificate of Assay from an accredited assayer (e.g., SGS or Bureau Veritas), Commercial invoice detailing the gold’s quantity, purity, and CIF value, and Proof of tax compliance. Importing gold in Kenya

Step 5: File an Import Declaration Form (IDF)

Submit an IDF via the KRA’s iCMS platform. Required documents include Import permit, Certificate of Origin, Certificate of Assay, Commercial invoice, Packing list, and Bill of lading or airway bill. A customs broker can assist with this process to ensure accuracy and expedite clearance.

Step 6: Arrange Secure Transportation by Engage a reputable logistics provider specializing in high-value cargo.

Step 7: Clear Customs in Kenya

Present all documents to customs authorities at the point of entry, typically Jomo Kenyatta International Airport (JKIA), Moi International Airport (MIA), or the Port of Mombasa. Customs officials will Verify documentation, Inspect the gold to ensure it matches the declared weight and purity, and Use Explosive Trace Detection (ETD) machines to screen for prohibited substances. Pay the required import duties (10%) and VAT (16%) based on the CIF value. Customs clearance typically takes 1–3 days if documentation is complete.

Step 8: Verify and Store Gold

Upon clearance, have the gold assayed by a Kenyan-accredited facility (e.g., KEBS or SGS Kenya) to confirm its purity and weight. Store the gold in a secure vault, such as those provided by Brinks or Malca-Amit, until it is sold or processed.

Step 9: Comply with AML/KYC Requirements

Maintain detailed records of the import transaction, including Supplier details and KYC documentation, Purchase agreements and payment records (preferably via bank transfers or escrow services, and Certificates of Origin and Assay. Report any suspicious activities to the FRC to comply with AML regulations. Importing gold in Kenya

Key Documents Required

To import gold into Kenya, you must have the following documents:

  • Dealer’s License: Authorizes gold importation and trade.
  • Import Permit: Issued by the Ministry of Mining.
  • Certificate of Origin: Confirms the gold’s legal source from the exporting country.
  • Certificate of Assay: Verifies purity and weight, issued by an accredited assayer.
  • Commercial Invoice: Details the gold’s quantity, purity, and CIF value.
  • Import Declaration Form (IDF): Filed with the KRA via iCMS.
  • Tax Compliance Certificate: Proves KRA registration and tax payment.
  • Bill of Lading or Airway Bill: Documents the shipment’s transport details.
  • Packing List: Matches the shipment’s contents to the invoice.

Conclusion: Importing Gold in Kenya

Importing gold into Kenya is a highly regulated process that requires strict adherence to national laws, proper documentation, and licensed import channels. Whether you’re a jeweler, investor, or gold dealer, understanding the legal requirements, from acquiring import permits to clearing customs, is essential for smooth, compliant transactions.

As Kenya strengthens its gold trade and regulatory frameworks, staying up to date with import procedures ensures your investment is protected. Always work with authorized agents and follow official guidelines to avoid legal issues or delays.

For anyone looking to import gold into Kenya, due diligence, compliance, and transparency are key to success in this growing and profitable market. Importing gold in Kenya

 


Leave a Reply

Your email address will not be published. Required fields are marked *