[kictanet] U.S. FTA Agreement

Thu Sep 3 12:13:43 EAT 2020

Hallo All 

TESPOK is representing local ICT companies in the U.S. FTA negotiations. I will however share the issues that arise here by end of day today so that we can have a moderated discussion to gather input from the greater ICT sector. There are several areas that we can give input on, close to 12 areas. 

Kind regards 

----- Original Message -----

From: "Beryl Aidi via kictanet" <kictanet at lists.kictanet.or.ke> 
To: tespok at tespok.co.ke 
Cc: "Beryl Aidi" <bee.aidi at gmail.com> 
Sent: Wednesday, 2 September, 2020 9:59:40 AM 
Subject: Re: [kictanet] U.S. FTA Agreement 

Hi Listers 
My two cents on the FTA . 
The problems with data protection not withstanding, back to the original question Ali asked why there are 9 American companies on the FTA negotiation list; while on the one hand they might argue that these MNCs are also registered here (if that's the case), the bigger issue is what is the real benefit to Kenyan companies. This is reminiscent of the problems that the Economic Partnership Agreements (EPAs) with the EU caused where local producers ended up being disadvantaged getting the short end of the stick of being relegated to raw material providers, no participation and disadvantaged in costs with lack of government subsidies as opposed to the EU producers. As long as this is the case, the local producers do not get value for their produce, with very little value addition, we end up buying back our own products as imported goods when they are sold back to us as finished products. While this consortium seems to have Kenyan companies, it would be insightful to know the composition of those Kenyan companies, and if the 9 MNCs are representative or take the centre stage at the negotiations as Kenyan companies then that is problematic as there is no real negotiations with no real participation of Kenyan companies - still a case of scoring own goals- another short end of the stick to local producers where we remain relegated to raw materials producers and net importers of finished goods. Our industries can't grow under such trade agreements. 

Regards 
Beryl 

On Wed, Sep 2, 2020 at 9:03 AM Ali Hussein via kictanet < kictanet at lists.kictanet.or.ke > wrote: 

Asante Mugambi. 

Ali Hussein 

Digital Transformation 

T el: +254 713 60 1113 

Twitter: @AliHKassim 

Skype: abu-jomo 

LinkedIn: http://ke.linkedin.com/in/alihkassim 

Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. 

On Wed, Sep 2, 2020 at 8:48 AM Mugambi Laibuta < mlaibuta at gmail.com > wrote: 

<blockquote>

California law does not apply to all states. Also have a look at the article I shared 

Data Transfers and the Kenya-US Trade Talks https://www.laibuta.com/data-protection/data-transfers-and-the-kenya-us-trade-talks/ 

Kind regards, 

Mugambi Laibuta 

On Wed, Sep 2, 2020, 08:46 Ali Hussein < ali at hussein.me.ke > wrote: 

<blockquote>

Mugambi 

I find it hard to believe that the U.S. has no Data Protection laws. Please expound on this. I know for instance that California has a comprehensive Privacy Act. Here is a link to that. 

California Data Privacy Law. 

I guess you are referring to Federal law? 

Regards 

Ali Hussein 

Digital Transformation 

T el: +254 713 60 1113 

Twitter: @AliHKassim 

Skype: abu-jomo 

LinkedIn: http://ke.linkedin.com/in/alihkassim 

Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. 

On Wed, Sep 2, 2020 at 8:32 AM Mugambi Laibuta via kictanet < kictanet at lists.kictanet.or.ke > wrote: 

<blockquote>

In a nutshell, with the agreement, there is bound to be challenges in relation to data transfers. The Data Protection Act provides that transfers should be to countries that have data laws similar to ours. The US does not have concrete data protection laws. Will we use the trade agreement to with away our data to a country that has no data protection laws? 

Kind regards, 

Mugambi Laibuta 

On Wed, Sep 2, 2020, 08:29 Grace Githaiga < ggithaiga at hotmail.com > wrote: 

<blockquote>

@Mugambi Laibuta 

Please give us some of the highlights...for the quick reader. 

Thanks. 

---------------------------------------------------------------------------------- 

Grace Githaiga 

Twitter: @ggithaiga 

Skype: gracegithaiga 

Linkedin: https://www.linkedin.com/in/gracegithaiga 

. . . the most important office in a democracy is the citizen. So, you see, that’s what our democracy demands. It needs you!----Barrack Obama. 

From: kictanet <kictanet-bounces+ggithaiga= hotmail.com at lists.kictanet.or.ke > on behalf of Mugambi Laibuta via kictanet < kictanet at lists.kictanet.or.ke > 
Sent: 02 September 2020 8:23 AM 
To: ggithaiga at hotmail.com < ggithaiga at hotmail.com > 
Cc: Mugambi Laibuta < mlaibuta at gmail.com > 
Subject: Re: [kictanet] U.S. FTA Agreement 
I wrote on the aspect of data transfers - 

Data Transfers and the Kenya-US Trade Talks: 

https://www.laibuta.com/data-protection/data-transfers-and-the-kenya-us-trade-talks/ 

Regards, 

Mugambi Laibuta 

On Wed, Sep 2, 2020, 08:20 Ali Hussein via kictanet < kictanet at lists.kictanet.or.ke > wrote: 

<blockquote>

Dear Listers. The above refers. 

So the Kenya government has been negotiating a Free Trade Agreement with the U.S. Government. below is the high-level Vision for the #FTA :- 

To conclude an agreement with Kenya that can serve as a model for additional agreements in Africa, leading to a network of agreements that contribute to Africa’s regional integration objectives. In addition, the goal is to conclude an agreement that builds on the objectives of #AGOA and will serve as an enduring foundation to expand U.S -Africa trade and investment across the continent. 

Kenya Private Sector Alliance (KEPSA) in its wisdom chose a number of companies to be in the consortium of the US-Kenya FTA negotiations/conversations. 

Now...Is it just me or don't I understand International Trade? Someone, please explain to me why in that group of companies you have 9 American companies on the list? Including IBM , The Coca-Cola Company , and Citi . 

This is like scoring an own goal before starting the game! Or am I wrong? Please explain to me the rationale? 

Join the conversation. 

Ali Hussein 

Digital Transformation 

T el: +254 713 60 1113 

Twitter: @AliHKassim 

Skype: abu-jomo 

LinkedIn: http://ke.linkedin.com/in/alihkassim 

Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. 
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</blockquote>

-- 
Beryl 
*********************************************** 
Beryl Aidi 
Freelance Campaign and Communication Specialist 
Skype: beryl.aidi 
Twitter: @thespannergal 

Darkness cannot put out the Light. It can only make God brighter. —Author Unknown. 

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