EXPORT INDUSTRY ENCOURAGEMENT ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
General

   2   Interpretation

   3   Power of Minister to declare approved export product

   4   Declaration of approved export manufacturers

   5   Applications for approval

   6   Objections to proposals to approve a product

   7   Limitation of powers of Minister to approve manufacturer

   8   Minister to have absolute discretion to refuse approval

 

PART II
Concessions

   9   Concessions

   10   [Repealed by Act 18 of 1986.]

   11   Application of concessions under Part VI of the Industrial Incentives Act

   12   Production to be in bond: duty free importation of raw materials

   13   Additional relief from customs duty on plant, etc

 

PART III
Miscellaneous

   14   Control of manufacturer by Commissioner

   15   Restriction of sale of product in Jamaica

   16   Penalties

   17   Order under section 4 may be revoked

   18   Regulations

   19   Restriction of application of section 12, 13, 14, 15 or 16

   20   Saving

 

PART IV
Supply of Services

   21   Interpretation

   22   Categories of export services

   23   Declaration of approved export service provider

   24   Application for approval

   25   Matters ancillary to declaration of service provider

   26   Concessions

   27   Income tax relief in relation to furnishing of approved export services

   28   Relief from customs duties and general consumption tax

   29   Power of Minister to permit disposal of imported articles

   30   Supervision re duty free importation

   31   Additional relief from customs duty and general consumption tax on plant, etc

      SCHEDULES

 

THE EXPORT INDUSTRY ENCOURAGEMENT ACT

[Date of Commencement: 25th October, 1956]

Laws
49 of 1956,
13 of 1960.

Acts
11 of 1968,
42 of 1969,
56 of 1974,
12 of 1985,
18 of 1986,
16 of 1991,
5 of 2001.

LN 149A/78.

GN 275/80.

1   Short title

   This Act may be cited as the Export Industry Encouragement Act.

PART I
General (sections 2-8)

2   Interpretation

   In this Act unless the context otherwise requires-

[56/1974 s 5.]

   "the Agreement" shall have the meaning assigned thereto by section 2 of the Industrial Incentives Act;

   "approved export product" when not preceded by the word "relevant" means a product of manufacture approved by the Minister under section 3 manufactured by an approved export manufacturer;

   "approved export manufacturer" means a company approved by the Minister under section 4 for the manufacture of an approved export product;

   "benefit" means the relief in regard to income tax or customs duties enjoyed by an approved export manufacturer in virtue of this Act;

   "Commissioner" means the Commissioner of Customs and Excise

[12/1985 Sch.]

   "company" means any company incorporated or registered under any enactment in force in the Island or any company which, though incorporated or registered outside the Island, carries on business or has an office or place of business therein;

   "customs laws" shall have the same meaning as in the Customs Act;

   "date of production" means the date declared pursuant to subsection (2) of section 4;

   "factory" means the site and the buildings and other structures thereon specified as constituting a factory in an order made under section 4;

   "Minister" means the Minister responsible for industrial development;

   "relevant approved export product" used in relation to any approved export manufacturer means the approved export product in relation to which a manufacturer has been declared under section 4 to be an approved export manufacturer.

3   Power of Minister to declare approved export product

   (1) Subject to the provisions of section 6, the Minister may, by order, declare that a product of manufacture shall be an approved export product for the purposes of this Act as regards such approved export manufacturers of that product as may be declared by order pursuant to subsection (1) of section 4.

[LN 149A/78; GN 275/80.]

   (1A) The Minister may, by order, declare that a product of manufacture shall be an approved export product for the purposes of this Act as regards such approved export manufacturers of that product as may be declared by order pursuant to subsection (1A) of section 4.

[LN 149A /78; GN 275/80.]

   (2) An order may be made under this section in respect of a product which is being manufactured in the Island at the date of the order.

   (3) Subject to subsection (4), the Minister, before making an order under this section in relation to a product of manufacture, shall also have regard to the following considerations-

[LN 149A/78; GN 275/80.]

   (a)   the effect which approval would have on existing industries; and

   (b)   the amount of risk involved in establishing a successful manufacture and export of the product.

   (4) The Minister may, by notice published in the Gazette, prescribe provisions which shall, in relation to the making of orders under subsection (1A), have effect in lieu of the provisions of paragraphs (a) and (b) of subsection (3), but nothing in the foregoing provisions of this subsection shall be construed to prevent any of the provisions so prescribed from being the same as all or any of the provisions of those paragraphs.

[LN 149A/78; GN 275/80.]

4   Declaration of approved export manufacturers

   (1) Subject to the provisions of section 7, the Minister may, by order, declare that a company which is manufacturing, or proposes to manufacture, an approved export product declared under subsection (1) of section 3 is an approved export manufacturer for the purposes of this Act if he is satisfied that the company-

[LN 149A/78; GN 275/80.]

   (a)   proposes to manufacture the approved export product exclusively for export from this Island to countries other than those belonging to the Caribbean Common Market;

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