Communications Authority Sets New Guidelines for Mobile Device Integrity and Tax Compliance

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

These measures are intended to regulate the local assembly, importation, and distribution of mobile devices, as well as ensure that only tax-compliant devices connect to local networks.

The new regulations will come into effect on January 1, 2025, and will apply to all mobile devices brought into 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 will help ensure that these devices are tax-compliant.

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

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

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

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

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