The Government has formed a multi-agency council to coordinate bilateral, regional, inter-regional and multilateral trade.

In a gazette notice on 15 September 2017, Industry, Trade and Co-operatives Cabinet Secretary Adan Mohamed said the National Trade Negotiations Council (NTNC) will identify trade policy gaps, give guidance and advise government on key trade issues.

The development follows the recent launch of National Trade Policy to help grow both domestic and international trade. The formation of NTNC is in line with the Marrakesh Agreement of the World Trade Organisation (WTO) by 124 countries in 1994 to help improve global trade.

The terms of reference for the committee, whose members have been drawn from 60 government ministries, State departments and corporations also include analysing all concluded trade agreements.

It is hoped that the committee will be advising government on the implications of the trade agreements to the economy and how to take advantage of them to grow external trade. Kenya has been facing challenges in getting value out of trade agreements which have previously been struck without thorough analyses.

According to CS Mohamed, the council, which will be chaired by the Principal Secretary in the Ministry, will also come in handy to advise government on possible options to pursue on addressing emerging trade disputes.

Small and medium-sized enterprises will also be helped to tap into international trade.

The council will be expected to look at all trade documents, notifications, coming from bodies such as WTO, United Nations Conference on Trade and Development, Economic Partnership Agreements, Agoa, East African Community, Comesa, and make decisions.

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The National Trade Negotiations Council

The Kenya Gazette, Vol. CXIX – No. 136, 15 September 2017

It is notified for the general information that the Cabinet Secretary responsible for Trade has established a Council to be known as the National Trade Negotiations Council (NTNC) pursuant to the Marrakesh Agreement of the World Trade Organization (WTO).

Composition of the Council

1. The Council shall consist of the following members:

The Intergovernmental Standing Committee on Shipping (ISCOS);

Terms of Reference

2. The Terms of Reference of the Committee are to–

1. co-ordinate with government ministries, state departments, state corporations on all bilateral, regional, inter-regional and multilateral trade matters;

2. identify trade policy gaps, give guidance and advise to the government on the way forward;

3. analyse all concluded trade agreements and advise the government on their implications to the Kenyan economy and how to take advantage of them to increase the country’s external trade;

4. analyse all received negotiating agendas/proposals and consequently generate negotiating positions and strategies;

5. Undertake research and analysis required to inform negotiating proposals and the positions the country should take;

6. analyse all trade documents, notifications, coming from WTO, UNCTAD, EPAs, AGOA, EAC, COMESA, CFTA and other trade organizations and advise the government as necessary;

7. liaise with mandated national bodies for preparation of notifications which Kenya will notify to other countries;

8. analyze received notifications from other countries and advise the Government as appropriate;

9. advise government on possible options to pursue on addressing emerging trade disputes;

10. join other EAC Partner States in preparation and participation in the EAC Trade Policy Reviews undertaken by the WTO in Geneva;

11. advise Government on how to engage WTO, UNCTAD and ITC on implementation of trade agreements, preparation of SMEs to be export-ready as well as policy analysis and research in order to grow the country`s external trade;

12. organize in consultation with the ministry responsible for trade matters and county governments, organize outreach programmes intended to sensitize the business community on the implications of concluded trade agreements and greater involvement of private sector on the way forward;

13. develop fundraising strategies in consultation with the ministry responsible for trade;

14. establish such subsidiary bodies/working groups as may be required;

15. develop its own co-ordination framework and procedure deemed necessary;

16. identify best practices and integrate them into the operations and working process of the Council; and

17. liaise with Ministry responsible for Trade on the issue of monitoring and evaluation.

Powers of the Council

3. In the execution of its terms of reference, the Council shall, with the approval of the Cabinet Secretary responsible for Trade, have the power to–

1. co-opt members or appoint nominees as it deems fit only for specialized aspects of its Terms of Reference;

2. source additional funding for its activities; and

3. do or perform such other things or acts as necessary or expedient for the execution of its terms of reference.

Institutional Arrangements of Co-ordination

4. Chairmanship

The Principal Secretary in the Ministry responsible for Trade will chair the Council. The Secretary for Trade will be the Deputy Chair while the Director responsible for International Trade will be the alternate Deputy Chair. In the absence of the substantive Chair, the Deputy Chair will assume the duties of the Chair. In absence of the Chair, Deputy Chair and Alternate Deputy Chair, members present shall nominate one from the public sector to chair the meeting.

4.1 Secretariat

The Ministry responsible for International Trade shall constitute the full time secretariat whose main functions are to–

1. Mobilize resources for the Council activities;

2. organize meetings and seminars;

3. assist in preparing documentation;

4. contribute and coordinate formulation of country negotiating positions, research and analysis, preparation of negotiating proposals and ministerial conferences and any other matters deemed necessary;

5. follow-up daily on trade matters with other government ministries, state agencies, domestic and regional as well as international trade organizations;

6. prepare Terms of Reference for studies, research and analysis and ensure follow-up;

7. co-ordinate Standing Committees; and

8. implement a communication strategy to improve institutional promotion of the Council, disseminate information on policy developments on trade matters among the Council, support public awareness of matters related to domestic and international trade.

4.2 Standing Committees

The NTNC shall establish Standing Committees comprising a small number of experts from relevant institutions to work on specific national, regional, interregional or multilateral trade issues.

Standing Committees shall meet quarterly and on ad hoc basis when deemed necessary. Output of the Standing Committee(s) shall be presented to the NTNC for endorsement and recommendation to appropriate agencies.

Operating Procedures

5. Mode of Operation

In performance of its mandate, the National Trade Negotiations Council shall regulate its own procedure.

5.1 Frequency of Meetings

The NTNC shall meet quarterly and on ad hoc basis.

5.2 Quorum

A third of the stakeholder membership shall constitute a quorum for the NTNC meetings and its Standing Committees.

5.3 Decision Making

Decisions of the NTNC shall be taken by consensus. If consensus is not realised, then the meeting shall resort to a simple majority rule based on members present. Decisions of the Standing Committees shall be taken by consensus. If consensus is not realised, then the meeting shall resort to a simple majority rule based on members present.

5.4 Work Plan and Action Plan

The NTNC shall develop a work Plan that will be revised every three years and amended whenever need arises. Aiming at completing the objectives set up in the work plan, the NTNC will propose and approve a yearly Action Plan.

Additional activities that were not proposed in the original Action Plan can be proposed by Members and endorsed by the Council. For that purpose, an agenda shall be circulated for comments by the secretariat at least fourteen (14) working days before each NTNC meeting.

5.5 Reporting

The Council shall execute its terms of reference with all due diligence and speed and shall submit to the Cabinet Secretary for the Ministry responsible for Trade its annual reports not later than 31^st January of the preceding year.

Budget

6. A resource mobilization strategy will be formulated by the Council. The long-term operating costs of the NTNC will be covered by funding from national budget.

Contact Point

7. The contact point for the National Trade Negotiations Council shall be the State Department of Trade, Teleposta Towers, P.O. Box 30430 – 00100 Nairobi. Submissions of memoranda by members of the public should be addressed to the Secretariat, National Trade Negotiations Council, P.O. Box 30430 – 00100, Nairobi.

Cabinet Secretary for Industry, Trade and Co-operatives.