1. KENYA & GENETICALLY MODIFIED ORGANISMS (GMO)

2. Estimated food security conditions April - June 2012

3. Kenya National Biosafety Authority (NBA) Developed out of the Biosafety Act of 2009 in conjunction with the Cartagena Protocol Authority to regulate research and commercial activities involving GMOs by establishing transparent science Functions of the NBA (as related to Title II Food Aid) : –Review and approve applications for the transfer, handling, and use of GMO, and related activities in accordance with the provisions of this Act –Coordinate, monitor, and assess activities relating to the safe transfer, handling and use of GMO in order to ensure that such activities do not have adverse effect on human health and the environment

4. Impact on Title II Food Aid Shipments NBA approval must be obtained on all maize commodities Approval process is approximately 90-150 days NBA meets only once/month NBA approval must be obtained prior to KEPHIS issuing a Plant Import Permit (PIP)* *required on all shipments to Kenya

5. Case Study Trial Shipment of 500 MT Corn Soy Blend to USAID’s Mombasa PREPO Warehouse Purchased under Invitation 022 – February 2012 –Invitation issued 01/24/2012 –Freight offers due 02/02/2012 –Commodity offers due 02/07/2012 –Freight & Commodity Awarded 02/08/2012 04/21/2012 - ETS ex US

6. Case Study prior to 02/01/2012 - USAID began application process 02/15/2012 - Final application submitted in consultation with USDA Agricultural Attaché 03/06/2012 – NBA* requested revised application * Meets only once/month

9. Case Study 04/17/2012 – NBA approval still not received and ETS is 04/21/2012 04/17/2012 – Shipment rolled to 05/01/2012 sailing 04/23/2012 – NBA requests another revision of the application 04/24/2012 – Revised application submitted

10. Case Study 04/27/2012 – No decision from NBA 04/27/2012 AM - Cut off for 05/01/2012 sailing; Request carrier roll the shipment to 05/12/2012 sailing 04/27/2012 PM – Unofficial approval received from NBA

11. Case Study 05/01/2012 – USAID decides to re-fumigate cargo –Containers stuffed between 04/06/2012 – 04/12/2012 –28 containers require fumigation –$320 per container to dray and re-fumigate = $8,960.00 05/01/2012 – Fumigation ordered; carrier rolls shipment to 05/26/2012 sailing

12. Impacts Delayed arrival of emergency food aid –Initial ETA Mombasa 06/10/2012 –Current ETA Mombasa 07/02/2012 Additional expense for drayage and fumigation $8,960.00 For commodities requiring phytosanitary certificates, additional costs to re-inspect & sample a portion of commodity If NBA approval not received, diversion costs and additional associated expenses may be incurred

13. Recommendations Begin import application process upon approval by the Office of Food for Peace of Title II commodity orders Solicit best practices from Freight Forwarders/PVOs who have experience with this process Notify USAID as soon as problems arise Submit complete applications

14. Recommendations Application form and additional information: http://www.biosafetykenya.go.ke/