Communications Authority sets new guidelines for mobile device integrity and tax compliance

The Communications Authority of Kenya (CA) has announced new guidelines aimed at improving the integrity and tax compliance of mobile devices in the country.

These measures are intended to regulate the local assembly, import and distribution of mobile devices, and to ensure that only devices that comply with the tax connect to local networks.

The new regulations will come into effect on January 1, 2025 and apply to all mobile devices entering the country. Key highlights of the new requirements include:

1. Local Assemblers: All locally assembled mobile devices will be required to have their International Mobile Equipment Identity (IMEI) numbers uploaded to a Kenya Revenue Authority (KRA) portal. This step ensures that these devices are tax compliant.

2. Importers: Companies that import mobile phones for purposes such as sales, testing or research must include the IMEI numbers of these devices in their import documentation. These devices must be registered in a National Master Database on tax compliant mobile devices, under KRA.

3. Retailers and wholesalers: These companies are required to sell or distribute only tax-compliant devices. The CA will provide a mechanism to verify the tax status of devices before they are purchased by retailers or end users.

4. Mobile Network Operators: Network operators must ensure that they only allow load-compliant devices to connect to their networks. Operators will have access to a whitelist of compliant devices and will be tasked with graylisting non-compliant devices until they are regularized. Non-compliant devices may be blacklisted if their status is not resolved within a prescribed period.

The CA clarified that the new requirements will only affect devices imported or assembled from November 1, 2024.

Devices already connected to mobile networks on October 31, 2024 will not be affected by these new measures.

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