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

[25TH AUGUST 1995]

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—

   “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;

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

   “Committee” has the same meaning as ascribed to that term in the;

   “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—

   (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 on behalf of the ex officio member, by a notice in writing to the Chairman of the Committee, and when so designated such representative shall not attend to the business of the Committee by representation.

   (3) The Committee may, in its discretion, at any time and for any period invite any person, and the Minister may in like manner nominate any person in the public service, to attend any meeting of the Committee and to participate in the deliberations of the Committee, but such person or officer shall not be entitled to vote at that meeting.

4.   Tenure of office of members of the Committee

   A member of the Committee, other than an ex officio member—

   (a)   shall hold office for two years from the effective date of his appointment, and shall be eligible for re-appointment;

   (b)   may resign his office by giving one month’s notice in writing to the Minister.

5.   Allowances of members of the Committee

   A member of the Committee, other than an ex officio member, shall be paid such allowances as the Minister may determine.

6.   Meetings of the Committee

   (1) The Committee shall hold its ordinary meetings at least six times a year.

   (2) An extraordinary meeting of the Committee—

   (a)   may be convened by the Chairman at any time;

   (b)   shall be convened by the Chairman within fourteen days of receipt by him of a request in writing signed by any two members of the Committee, and specifying the purpose for which an extraordinary meeting of the Committee is to be convened.

   (3) At any meeting of the Committee—

   (a)   the quorum necessary for the dispatch of business shall be formed by any six members;

   (b)   the Chairman, or in his absence the member elected by members present and forming the quorum, shall preside;

   (c)   the decision on any subject shall be that of the majority of members present and voting and, in the event of a tie in the votes, the person presiding shall have a casting vote in addition to his deliberative vote;

   (d)   a member who is aware that he has a personal, proprietary or pecuniary interest in any matter which is to be or is being considered by the Committee shall declare the interest to the Chairman or other person presiding, and shall not be entitled to participate in the deliberations of the Committee or to vote on that matter; and

   (e)   a member who is unable to attend the meeting may submit to the Committee, in writing, his views on any matter before the Committee but shall not be entitled to have his vote registered on any matter considered at that meeting.

7.   Functions of the Committee

   (1) The Committee shall be responsible for appraising and reviewing applications for the establishment and operation of export processing zones and the production or manufacture of export products, and making appropriate recommendations to the Minister.

   (2) In making recommendations to the Minister regarding any application, the Committee shall have regard to the following considerations—

   (a)   labour intensive activities of the project and its propensity to contribute to employment;

   (b)   use of advanced technology;

   (c)   utilization of local raw materials;

   (d)   export-oriented activities other than the production for export of tobacco, tea, coffee, and sugar;

   (e)   the availability of sufficient warehouses for storage of raw materials and export products;

   (f)   documentary evidence of export markets for the export products.

PART III
DECLARATION OF EXPORT PROCESSING ZONES AND EXPORT PRODUCTS

8.   Declarations of export processing zones

   The Minister may, on the recommendation of the Committee, for the purpose of attracting, promoting or increasing the manufacture of export products or with the object of promoting economic development generally, by notice published in the Gazette, declare—

   (a)   any area of land on which a factory has been or is being or is likely to be built;

   (b)   any factory;

   (c)   any area of land which immediately surrounds a factory or the plot on which a factory is being or is likely to be built,

to be an export processing zone.

9.   Declaration of export products

   Where, upon application by a company in the prescribed form, the Minister considers it expedient in the economic interest of Malawi so to do, he may, on the recommendation of the Committee, by notice published in the Gazette, declare—

   (a)   any manufactured article, substance or other item intended for export, other than tobacco, tea, coffee or sugar;or

   (b)   any service,

to be an export product.

10.   Issuance of certificates

   (1) Where, upon application by a company which manufactures or provides, or proposes to manufacture or provide, an export product, the Minister, on the recommendation of the Committee, considers it expedient in light of such rules and regulations relating to exports as may be prescribed—

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