EXPORT PROCESSING ZONES

CHAPTER 39:06
EXPORT PROCESSING ZONES

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ESTABLISHMENT OF EXPORT PROCESSING ZONES APPRAISAL COMMITTEE

    3.    Establishment of the Export Processing Zones Appraisal Committee

    4.    Tenure of office of members of the Committee

    5.    Allowances of members of the Committee

    6.    Meetings of the Committee

    7.    Functions of the Committee

PART III
DECLARATION OF EXPORT PROCESSING ZONES AND EXPORT PRODUCTS

    8.    Declaration of export processing zones

    9.    Declaration of export products

    10.    Issuance of certificates

    11.    Amendment of certificate

    12.    Revocation of certificate

    13.    Register of certificates

PART IV
RESTRICTION OF CARRYING ON BUSINESS IN EXPORT PROCESSING ZONES

    14.    Restrictions on carrying business, etc., in export processing zones

    15.    Restriction on trading

PART IVA
GOODS WITHIN EXPORT PROCESSING ZONES

    15A.    Goods deemed to be exported and imported into Malawi

PART IVB
BENEFITS TO EXPORT ENTERPRISES

    15B.    Benefits accruing to export enterprises

    15C.    Restriction on quantities of export products to be sold locally

PART V
DUTY

    16.    Duty relief

    17.    Removal of goods from bonded factory

    18.    Payment of duty

PART VI
MISCELLANEOUS

    19.    Enforcement officers

    20.    Offences and penalties

    21.    Regulations

11 of 1995

7 of 2013

G.N. 94/1995

    An Act to provide for the establishment, operation and administration of export processing zones, and for matters ancillary thereto or connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Export Processing Zones Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

7 of 2013

    ‘‘adequate security’’ means security which has been accepted as adequate by the Controller pursuant to section 16;

    ‘‘bonded factory’’ means a factory situated in an export processing zone;

    ‘‘certificate’’ means an export enterprise certificate issued under section 10;

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    “Commissioner-General” means the Commissioner-General of the Malawi Revenue Authority appointed under section 17 (1) of the Malawi Revenue Authority Act;

    ‘‘Committee’’ means the Export Processing Zones Appraisal Committee established under section 3;

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    “Customs area” has the same meaning as ascribed to that term in the Customs and Excise Act;

    ‘‘duty’’ has the same meaning as in section 2 of the Customs and Excise Act;

    ‘‘enforcement officer’’ means a customs and excise officer, or an officer designated in writing by the Minister as an enforcement officer for the purposes of this Act pursuant to section 19;

    ‘‘export’’ has the same meaning as in section 2 of the Customs and Excise Act;

    ‘‘export enterprise’’ means a company in respect of which a certificate is in force;

    ‘‘export processing zone’’ means any area or building declared to be an export processing zone under section 8;

    ‘‘export product’’ means a product or produce declared to be an export product under section 9;

    ‘‘import’’ has the same meaning as in section 2 of the Customs and Excise Act;

    ‘‘manufacture’’ has the same meaning as in section 2 of the Customs and Excise Act;

    ‘‘production day’’ means the day on which an export enterprise commences, or is deemed to commence, its operations;

    ‘‘scheduled equipment’’ means the capital equipment, machinery and spare parts required by an export enterprise for equipping and operating a bonded factory;

    ‘‘scheduled materials’’ means the materials, components, substances, matters or other things required by an export enterprise for the manufacture of export products.

PART II
ESTABLISHMENT OF EXPORT PROCESSING ZONES APPRAISAL COMMITTEE

3.    Establishment of the Export Processing Zones Appraisal Committee

    (1) There is hereby established a committee to be known as the Export Processing Zones Appraisal Committee (in this Act otherwise known as the “Committee”) consisting of—

7 of 2013

    (a)    the Secretary for Industry and Trade who shall be designated by the Minister as Chairperson;

    (b)    the following ex-official members—

        (i)    the Secretary to the Treasury, or his designated representative;

        (ii)    the Secretary for Economic Planning and Development, or his designated representative;

        (iii)    the Secretary for Agriculture and Food Security, or his designated representative;

        (iv)    the Secretary for Labour, or his designated representative;

        (v)    the Commissioner-General, or his designated representative; and

        (vi)    the Chief Immigration Officer, or his designated representative;

    (c)    the Chief Executive Officer of the Malawi Investment and Trade Centre;

    (d)    one member representing the private sector in Malawi nominated by Malawi Confederation of Chambers of Commerce and Industry and appointed by the Minister; and

    (e)    one member representing the Reserve Bank of Malawi, nominated by the Governor and appointed by the Minister.

    (2) A representative of an ex officio member referred to in subsection 1 (b) shall be designated by, or…