Trinidad and Tobago Free Zones - Customs and …

1 Trinidad AND Tobago free Zones ACTCHAPTER 81:07 Current Authorised PagesPagesAuthorised(inclusive) by 2..1/20093 6..1/20067 10..1/200911 16..1/200617 of 1988 Amended by6 of 19896 of 199133 of 19954 of 199715 of 2004249/2005200/1996201/1996 LAWS OF Trinidad AND 1/2009 MINISTRY OF LEGAL TO DECEMBER 31ST 2007 Note on Subsidiary LegislationThe following Orders, viz:(a) Trinidad and Tobago free Zones (Designation) Orders made undersection 3 of the Act; and(b) Trinidad and Tobago free Zones (Approved Enterprises) Ordersmade under section 15 of the Act,have been references to the above Orders Seethe Current Edition of the ConsolidatedIndex of Acts and Subsidiary Legislation. 2 Chap. 81:07 Trinidad and Tobago free ZonesLAWS OF Trinidad AND TOBAGOMINISTRY OF LEGAL TO DECEMBER 31ST 2007 Trinidad and Tobago free ZonesChap. 81:073 LAWS OF Trinidad AND 1/2006 CHAPTER 81:07 Trinidad AND Tobago free Zones ACTARRANGEMENT OF SECTIONSSECTION1.

2 Short RT IPRELIMINARY2. Designation of free Approved IIFUNCTIONS AND RESPONSIBILITIES OFTHE COMPANY5. Board of Functions of the Approved enterprise may manage a free Transfer of Funds and resources of the Borrowing Power to invest Power to Accounts and Annual IIIOPERATIONS WITHIN A free of enterprise to undertake approved Companies to be incorporated or registered locally. MINISTRY OF LEGAL TO DECEMBER 31ST 2007}ARRANGEMENT OF SECTIONS ContinuedSECTION17. Insurance ( repealed by Act No. 4 of 1997).18. Dealing with or disposal of goods in free Persons not to enter free Zones without Retail ( repealed by Act No. 33 of 1995).22. Recording, marking and inspection of articles imported withCustoms duty Directors to declare on disposal of articles imported with Customs Manufacture or manipulation in a free for Trinidad and Tobago citizens or Disposal of goods abandoned in a free Goods not to be taken into or stored in a free Goods brought from free zone into Customs and export RT VBANKING AND FOREIGN CURRENCY ( repealed by Act No.)

3 33 of 1995). RT VATAX RELIEF32A. Exemption from lands and buildings Exemption from 81:07 Trinidad and Tobago free ZonesLAWS OF Trinidad AND TOBAGOMINISTRY OF LEGAL TO DECEMBER 31ST 2007 Trinidad and Tobago free ZonesChap. 81:075 LAWS OF Trinidad AND 1/2006 SECTION34. Profits and distributions not chargeable to ( repealed by Act No. 33 of 1995).PART VIMISCELLANEOUS35. Service charges and dividends subject to exchange control andwithholding Approved enterprises to submit Board of Inland Revenue may issue certificates regarding Work Saving and Penalty for offences not otherwise provided Penalty for false Revocation of an Order by the SCHEDULE ( repealed by Act No. 33 of 1995).THIRD SCHEDULE ( repealed by Act No. 33 of 1995).MINISTRY OF LEGAL TO DECEMBER 31ST 200719 of [33 of 1995].

4 First 81 69 78 81:07 Trinidad AND Tobago free Zones ACTAn Act to provide for the establishment of free Zones inTrinidad and Tobago and for matters incidental thereto.[28 THJULY1988] Act may be cited as the Trinidad and Tobago FreeZones this Act approved activity means any activity specified in the FirstSchedule which may be carried on in a free zone; approved enterprise means any company, corporation, firm orindividual approved by the Company to carry on anapproved activity; the Company means the Trinidad and Tobago free ZonesCompany Limited, a limited liability company incorporatedunder the Companies Act the shares in which shall be vesteddirectly or indirectly in Corporation Sole established by theMinister of Finance (Incorporation) Act; Comptroller means the Comptroller of Customs and Excise asdefined in the Customs Act or any Customs and ExciseOfficer authorised by him.

5 Customs duty includes any tax, duty, levy or surcharge relativeto the importation of goods into, and the exportation ofgoods out of Trinidad and Tobago whether imposed underthe Customs Act, or any other written law; Customs territory means Trinidad and Tobago but does notinclude any free zone; free zone means an area designated as a free zone by orpursuant to this Act;6 Chap. 81:07 Trinidad and Tobago free ZonesLAWS OF Trinidad AND TOBAGOMINISTRY OF LEGAL TO DECEMBER 31ST 2007 Trinidad and Tobago free ZonesChap. 81:077 LAWS OF Trinidad AND 1/2009Ch. 62 offree Zones .[33 of 19954 of 1997]. manufacture means the operation or process of convertingmaterials into a new product or article, but does not includean operation or process which consists only of one or moreof the following:(a)packing, wherever the packing materials mayhave been manufactured or produced;(b)dividing into lots;(c)sorting or grading;(d)marking; or(e)packing into sets; Minister means the Minister to whom responsibility forIndustry is assigned; natural gas means petroleum in the gaseous state; petrochemical means such a chemical compound or a mixtureof such compounds, substantially manufactured frompetroleum or petroleum products, as is prescribed by Ordermade by the Minister under the Petroleum Act.

6 Petroleum means any mixture of naturally occurringhydrocarbons and hydrocarbon (1)The President may, by Order, prescribe areas inwhich a free zone may not be designated.(2) The Minister may, by Order, on the recommendationof the Company designate an area a free zone, and the limits ofthe free zone shall be defined in the Order.(3) The Minister may, on the recommendation of theCompany, amend the Order made under subsection (2).(4)No area shall be designated a free zone under thissection except with the consent of the owners, and anyone havinga registered interest in the property.(5) The Company shall cause a copy of any Order madeunder this section to be delivered, as soon as possible after itspublication in the Gazette, to the Registrar General, who shallmaintain a register of such Orders. MINISTRY OF LEGAL TO DECEMBER 31ST Schedule.

7 [33 of 1995].Board of theCompany.[33 of 1995].Ch. 78:01.(6) The Registrar General shall be notified of anyamendment to an Order under this section and all amendmentsshall be recorded on the register.(7) An Order made under subsection (2), may take effectat any time within a period of ninety days prior to the effectivedate of the (1) The activities specified in Part I of the First Schedule,shall be approved activities for the purposes of this Act.(2) An activity specified in Part II of the First Scheduleshall not qualify as an approved activity but may be carried on ina free zone.(3) The Minister may by Order amend theFirst IIFUNCTIONS AND RESPONSIBILITIES OFTHE Company shall be managed by a Board of Directors(hereinafter referred to as the Board ).6.(1) The Company shall (a)administer, control, operate and manage all freezones and any other property which may fromtime to time be vested in it under this Act;(b)provide and maintain such services, facilitiesand structures as are in its opinion necessaryor desirable for the efficient operation of anyfree zone;(c)have authority over all goods deposited ormanufactured in a free zone for the purpose ofexercising its functions under this Act, subject toany restrictions which may be imposed by theComptroller under the Customs Act;(d)permit Customs offices to be established in anyfree zone and provide facilities for this purpose;8 Chap.

8 81:07 Trinidad and Tobago free ZonesLAWS OF Trinidad AND TOBAGOMINISTRY OF LEGAL TO DECEMBER 31ST 2007 Trinidad and Tobago free ZonesChap. 81:079 LAWS OF Trinidad AND 1/2009(e)authorise with the approval of the Minister acompany incorporated or registered in Trinidadand Tobago to carry out the operations,activities or negotiations specified in paragraphs(a)and (d);(f)supervise, control and prescribe conditions forthe movement of persons, conveyances, vesselsand goods, into, in, and out of the free Zones ;(g)approve and regulate activities which may becarried on in a free zone; and(h)take all necessary steps to ensure that the termsof service and working conditions in anyapproved enterprise do not fall below minimumaccepted standards in Trinidad and Tobago forsuch class of enterprise.(2)In the exercise of its functions under this Act, theCompany may (a)construct, maintain and operate warehouses,factories, commercial buildings, offices,freight sheds, docking facilities, loading andunloading berths, landings for loading andunloading operations, storage facilities orworkshops, ports, piers, shipyards, or otherstructures for the use of itself or other personsand may grant contracts or concessions to otherpersons for the construction or provision of anyof the said facilities.

9 (b)sell, rent, grant leases, sub-leases or otherinterests or concessions in respect of land,buildings or any other facility or structurewithin a free zone owned by, or under thecontrol of, the Company on such terms andconditions and subject to the payment of suchprice, rental or other consideration as theCompany may think fit;(c)subject to section 16, approve any company,corporation, firm or individual as anMINISTRY OF LEGAL TO DECEMBER 31ST 2007 Approvedenterprise maymanage a freezone.[33 of 19954 of 1997].approved enterprise on such terms andconditions and subject to the payment of suchfees, charges and other consideration as theCompany may think fit;(d)import, store, exhibit, pack, unpack, re-pack,manufacture, assemble, refine, purify, mix,transform, operate, re-ship (whether by sea orair), and manipulate all kinds of merchandise,products, raw materials, containers and othercommercial goods other than those goods whichare prohibited for importation, storage, ormanufacture in a free zone;(e)authorise with the approval of the Minister acompany incorporated or registered in Trinidadand Tobago to carry out the operations, activitiesor negotiations specified in paragraphs (a)and (d).

10 (f)provide water, light and power,telecommunications and any other publicutilities or services and enter into contracts forthe supplying of the said utilities and services;(g)develop industrial areas for the manufacture,processing, finishing, re-packing and trans-shipment of products;(h)subject to section 16, enter into joint ventureswith any person for the purpose of any approvedactivity; and(i)carry on or permit to be carried on such otheractivities as appear to it necessary, advantageousor desirable for or in connection with theexercise and performance of its functions or theoperation of a free furtherance of the functions given to the Companyunder section 6(1), the Company may authorise an approvedenterprise to develop, operate and manage a free zone andexercise any of the functions in relation thereto detailed undersection 6(2)(a), (b), (f)and (g).