M-Wakili

Export Processing Zone Cap 517 - as Plain Text by MWakili

LAWS OF KENYA EXPORT PROCESSING ZONES ACT CHAPTER 517 Revised Edition 2013 (2011) Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org CHAPTER 517 EXPORT PROCESSING ZONES ACT ARRANGEMENT OF SECTIONS PART IPRELIMINARY Section Short title.

Interpretation.

PART IITHE EXPORT PROCESSING ZONES AUTHORITY Establishment and membership of the Export Processing Zones Authority.

Meetings and Procedures of the Authority.

Seal and execution of documents.

Appointment of the chief executive of the Authority.

Appointment and remuneration of the staff.

Protection from legal action.

Objectives of the Authority.

0Power of the Authority to make rules.

1General fund and annual budget of the Authority.

2Accounts, etc.

of the Authority.

3Disclosure of information.

4Committees.

PART III EXPORT PROCESSING ZONES 5Declaration of export processing zones.

6Facilities, etc.

within an export processing zone.

7Activities Permitted Within an Export Processing Zone.

8Power of Minister to make rules.

PART IVLICENSING PROVISIONS 9Licences.

0Register of licences.

PART VEXPORT PROCESSING ZONE DEVELOPERS AND OPERATORS 1Qualifications of export processing zone developers and operators.

2Powers of export processing zone developers and operators.

PART VI EXPORT PROCESSING ZONE ENTERPRISES 3Establishment of export processing zone enterprises.

PART VIIOPERATIONS WITHIN EXPORT PROCESSING ZONES 4Goods deemed to be exported and imported into Kenya.

5Goods manufactured in an export processing zone.

6Prohibited activities within the export processing zone.

7Removal of goods from the export processing zone, Etc.

8Exchange controls on receipts and payments by export erocessing zone enterprises.

PART VIIIBENEFITS TO EXPORT PROCESSING ZONE ENTERPRISES ETC.

9Benefits accruing to export processing pone Enterprises, etc.

0Inspection facilities.

PART IXMISCELLANEOUS PROVISIONS 1Appeals to the Minister.

2Power of Minister to give directions.

3Reports to the Minister.

4Regulations.

5General powers of the Minister.

CHAPTER 517 EXPORT PROCESSING ZONES ACT Commencement: 23rd November 1990 2 of 1990, 14 of 1991, 7 of 1993, 6 of 1994, 8 of 1997, 5 of 1998, 4 of 1999, 9 of 2000.

An Act of Parliament to provide for the establishment of export processing zones and the Export Processing Zones Authority; to provide for the promotion and facilitation of export oriented investments and the development of enabling environment for such investment and for connected purposes PART IPRELIMINARY Short title.

.

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

General Powers of the Minister.

Interpretation.

7 of 1993, 9 of 2000, s.105.

.

In this Act, unless the context otherwise requires "adequate security" means security which has been accepted as adequate by the Authority for the purposes of section 10; "Advisory Committee" means the Advisory Committee to be appointed under section 8A; "Authority" means the Export Processing Zones Authority established by section 3; "company" means a company within the meaning of the Companies Act Cap.

486.

or a company incorporated outside Kenya but registered in Kenya under the Companies Act; "commercial activity" includes trading in, breaking bulk, grading, repacking or relabelling of goods and industrial raw materials; "customs control" means the measures applied to ensure compliance with the laws and regulations which the customs officers are responsible for enforcing; "customs officer" means a customs officer appointed under the Customs and Excise Act Cap.

472; "customs territory" means the territory in which the customs laws of Kenya apply in full, but does not include an export processing zone; "domestic Kenyan business" means any individual, partnership, corporation or other entity conducting a trade or business within Kenya, which is not an export processing zone enterprise; "duty" means the fiscal, customs and excise duty for the time being leviable under any written law; "export" means to take or cause to be taken out of the customs territory or into an export processing zone; "export processing zone" means a designated part of Kenya where any goods introduced are generally regarded, insofar as import duties and taxes are concerned, as being outside the customs territory but are duly restricted by controlled access and wherein the benefits provided under this Act apply; "export processing zone developer" means a corporate body established to develop and administer an export processing zone under this Act; "export processing zone enterprise" means a corporate body, including a developer or an export processing zone operator, which has been granted a licence under this Act; "export processing zone export" means any product sold by an export processing zone enterprise in an export processing zone for exportation direct or through the customs territory; "export processing zone import" means any input or service to be supplied to an export processing zone enterprise within an export processing zone, whether from outside or inside the customs territory; "export processing zone operator" means a corporate body engaged in the management of an export processing zone designated under section 15; "export" means to take or cause to be taken out of the customs territory or into an export processing zone; "goods" includes all kinds of articles, wares, merchandise and stock and, where any such goods are sold under the Customs and Excise Act Cap.

472, includes the proceeds of sale; "import" means to bring or cause to be brought into the customs territory from a foreign country or from an export processing zone; "import duties and taxes" means customs duties and all other duties, taxes, fees or other charges which are collected on or in connection with the importation and exportation of goods, but does not include fees and charges which are limited in amount to the costs of services rendered under this Act; "industrial raw materials" means items used as ingredients in the manufacture of goods; "infrastructure" means a physical structure such as a road, bridge, or storm sewer which facilitates economic or other activity or protects property; "Kenya Revenue Authority" means the Authority established by section 3 of the Kenya Revenue Authority Act; "licence" means a licence issued under this Act; "manufacture" includes (a) the conversion of organic or inorganic material by manual, mechanical, chemical, or biochemical means into a new product by changing the size, shape, composition, nature or quality of such material; and (b) assembly of parts into a piece of machinery or other products, but excludes (i) the installation of machinery or equipment for the purpose of construction; or (ii) any process that is composed primarily of agricultural, pastoral, horticultural or sylvicultural activities; "Minister" means the Minister for the time being responsible for industry; "service activity" means an export-related service provided by an export processing zone enterprise, including consultancy, information, brokerage and repair services, but excluding financial services and commercial activity.

"unclassified road" means any public road which on or before the commencement of this Act is maintained by a local authority or which is classified as such with the approval of the Minister, or any adopted street under the Streets.

PART IITHE EXPORT PROCESSING ZONES AUTHORITY Establishment and membership of the Export Processing Zones Authority.

of 1993.

.

(1) There is hereby established an authority to be known as the Export Processing Zones Authority.

(2) The Authority shall be a body corporate with perpetual succession and a common seal and shall be capable in its corporate name of (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; (c) having and managing its own general fund including borrowing and lending money; (d) entering into contracts; and (e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act which may lawfully be done by a corporate body.

(3) The Authority shall consist of (a) a chairman to be appointed by the President; (b) a representative of the Kenya Association of Manufacturers; (c) a representative of the National Chamber of Commerce and Industry; (d) four other members appointed by the Minister from the private sector, who in his opinion, have experience and expertise in manufacturing or export trade or commercial and financial matters; (e) the Permanent Secretary to the Treasury; (f) the Permanent Secretary to the Ministry for the time being responsible for industry; (g) the Governor of the Central Bank of Kenya; (h) the Commissioner of Customs and Excise; (i) the Commissioner of Lands; (j) the managing director of the Investment Promotion Centre; and (k) the chief executive of the Authority.

(4) The chairman and every member appointed under paragraphs (b), (c) and (d) of subsection (3) shall hold office for a period of three years and shall be eligible for re-appointment.

(5) Any member appointed under paragraphs (b), (c) and (d) of subsection (3) shall cease to hold office if (a) he delivers to the Minister a written resignation of his appointment; (b) on the advice of the Authority, the Minister removes him from office on the grounds that he is incapacitated by mental or physical illness or is otherwise unable or unfit to discharge the functions of a member or is unable to continue as a member.

(c) he has been absent from three consecutive meetings of the Authority without leave or good cause; (d) he is adjudged bankrupt or enters into a composition scheme or arrangements with his creditors; (e) he is sentenced by a court to imprisonment for a term of six months or more; or (f) he is convicted of an offence involving dishonesty, fraud or moral turpitude.

(6) The by the Minister.

(7) The Authority shall be exempt from payment of any stamp duty chargeable under the Stamp Duty Act Cap.

480.

Meetings and procedures of the Authority.

.

(1) The chairman of the Authority shall convene meetings at least once each month and whenever he receives a written request signed by at least two members; and in the absence of the chairman, meetings shall be convened by the chief executive of the Authority and the members present shall elect one of the members to preside as chairman.

(2) The quorum for any meeting of the Authority shall be half of its members and the Authority may, subject to the requirement for the quorum, regulate the procedure in regard to meetings of the Authority and the transaction of business at such meetings.

(3) If the chairman of the Authority, by reason of extended illness or absence is temporarily unable to perform the duties of his office, the President shall appoint another member of the Authority to act in his place during the period of absence.

(4) The chairman may at any time resign by a letter addressed to the President and the resignation shall take effect upon being accepted by the President.

(5) Any member who has a direct or indirect interest in any decision that is to be taken on any matter by the Authority, shall disclose the nature of such interest at the meeting of the Authority where such decision is being taken and the disclosure shall be recorded in the minutes of the meeting, and if either the member or a majority of the members of the Authority believe that such member's interest in the matter is such as to influence his judgment, he shall not participate in the deliberation or the decision of the Authority on such matter.

Seal and execution of documents.

.

(1) The common seal of the Authority shall be kept in the custody of the Authority and shall not be affixed to any instrument or document except as authorized by the Authority, (2) All documents, other than those required by law to be under seal, made by, and all decisions of, the Authority may be signified under the hand of the chairman, or, in the case of a decision taken at a meeting at which the chairman is not present, under the hand of the person presiding at such meeting.

Appointment of chief executive of the Authority.

.

(1) The Minister may, on recommendation of the Authority, appoint a chief executive of the Authority whose conditions and terms of employment including remuneration shall be determined by the Minister.

(2) The chief executive shall, subject to the general direction and control of the Authority, be charged with the direction of the affairs and transactions of the Authority, the exercise, discharge and performance of its objectives, functions and duties, and the administration and control of the servants of the Authority.

(3) The Minister may, on recommendation of the Authority, remove from office the chief executive appointed under subsection (1).

Appointment and remuneration of staff.

.

(1) The Authority may appoint such other officers and servants as it considers necessary for the efficient discharge of its responsibilities and functions.

(2) The officers and servants appointed under subsection (1) shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by the Authority.

(3) Subject to this Act, every officer or servant appointed under subsection (1) shall exercise such powers and functions and perform the duties assigned to him from time to time by the chief executive.

Protection from legal action.

.

(1) Neither the Authority, any of its members, officers nor servants shall be personally liable for an act which is done or purported to be done in good faith by such person, on the direction of the Authority or in the performance or intended performance of any duty or in the exercise of any power under this Act or the regulations made thereunder.

(2) Any expenses incurred by any person, referred to in subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or purported to be done by him under this Act or on the direction of the Authority shall, if the court holds that such act was done in good faith, be paid out of the general fund of the Authority, unless such expenses are recovered by him in such suit or prosecution.

Objectives of Authority.

4 of 1991,Sch.

.

(1) The principal objectives of the Authority shall be (a) the development of all aspects of the export processing zones with particular emphasis on provision of advice on the removal of impediments to, and creation of incentives for, export-oriented production in areas designated as export processing zones; and (b) the regulation and administration of approved activities export processing zones, through implementation of an administrative system in which the export processing zone enterprises are self regulatory to the maximum extent; and (c) the protection of Government revenues and foreign currency earnings.

(2) For the purpose of carrying out the objectives specified in subsection (1), the Authority may exercise, perform and discharge all or any of the following powers, duties and functions (a) to advise the Minister on all aspects of development of the export processing zones; (b) to implement the policies and programmes of the Government with regard to the development of the export processing zones; (c) to identify and map the areas to be designated as export processing zones; (d) to plan the development and maintenance, and to finance the basic infrastructure up to the perimeter of the export processing zones; (e) to examine and process applications for designation of export processing zones and issue relevant approvals; (f) to examine and process applications for licences by the export processing zone developers, export processing zone operators, and export processing zone enterprises and issue the relevant licences; (g) to promote and market export processing zones among investors; (h) to issue certificates of origin to export processing zone enterprises for the purposes of a generalized system of preferences and other trade preferences given under bilateral or multilateral trade agreements; (i) to act as a "one-stop" centre through which the export processing zone enterprises can channel all their applications for permits and facilities not handled directly by the Authority; (j) to process building plans and issue relevant approvals in consultation with the Ministry responsible for physical planning and other relevant authorities; (k) to perform all such administrative functions in relation to the designated export processing zones as would normally be performed by local authorities; (l) to maintain current data on the performance of the programme in each individual export processing zone and export processing zone enterprise; (m) to enforce within the export processing zone compliance with customs procedures and other requirements for preventing the unauthorized use of designated export processing zones and export processing enterprises; (n) to enforce compliance with exchange control procedures and other requirements for preventing the unauthorized use of designated export processing zones and export processing zone enterprises; (o) to suspend or cancel the licence of an export processing zone operator or an export processing zone enterprise or an export processing zone developer which is in the violation of the Customs and Excise Act Cap.

472 the Exchange Control Act Cap.113 and the Value Added Tax Act Cap.

476; and (p) to do all such other acts as may be incidental or conducive to the attainment of the objective of the Authority or the exercise of its powers under this Act.

Power of the Authority to make rules.

4 of 1991, Sch.

0.

(1) Without prejudice to the generality of the powers conferred under this Act, the Authority shall formulate such rules as may be required for the purpose of ensuring orderly and fair development and operation of export processing zones and export processing enterprises, and in particular rules to - (a) determine application procedures and criteria for the approval of export processing zones or export processing zone developers or export processing zone operators and export processing zone enterprises; (b) determine procedures for providing the benefits accruing to export processing zone developers, export processing zone operators and export processing zone enterprises; (c) ensure adequate security within the export processing zones; (d) determine the form of the licences to be issued under this Act and the procedures for amendment and revocation of the licences; (e) determine entry of personnel into an export processing zone; and (f) require information from export processing zone developers, operators, and enterprises.

(2) The Authority shall render its decision on the designation of an export processing zone and all other approvals required under this Act within thirty days from the date on which the completed application form for the relevant approval or the licence has been received by the Authority.

General fund and annual budget of the Authority.

1.

(1) The Authority shall have its own general fund.

(2) There shall be paid into the general fund (a) all such sums of money as may be paid as fees under this Act; and (b) all such sums of money as may be received by the Authority for its operations from any other source.

(3) There shall be paid out of the Fund all such sums of money required to defray the expenditure incurred by the Authority in the exercise, discharge and performance of its objectives, functions and duties under this Act.

(4) The annual budget of the Authority shall be subject to approval by the Treasury and any funds generated in the general fund in excess of the amounts deemed appropriate by the Minister shall be paid into the Consolidated Fund.

Accounts, etc.

of the Authority.

2.

(1) The Authority shall cause proper books of accounts to be kept of its income and expenditure, assets and liabilities and all other transactions of the Authority.

(2) The Authority or any person officially authorized in that behalf by the Authority may, by notice in writing, require any licensee to furnish to the Authority or to an authorized person, within such period as is specified in the notice, not being less than thirty days, all such returns or information as specified in such notice: Provided that nothing in this section shall compel a licensee to disclose his patented commercial secrets.

Disclosure of information.

3.

(1) The Authority or any officer or servant of the Authority shall not disclose to any person or use any return of information acquired under section 12 (2) except for the purpose of achieving the objectives of the Authority unless required to do so by a court of law.

(2) Any officer or servant of the Authority who contravenes this section shall be guilty of an offence and liable to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding three years or to both.

Committee.

4.

The Authority may appoint committees, whether of its own members or otherwise, to carry out such general or specific functions as may be specified by the Authority and may delegate to any such committee such of its powers as the Authority may deem appropriate.

Part IIIExport Processing Zones Declaration of export processing zones.

A7 of 2007.

5.

(1) The Minister may, on the recommendation of the Authority and in consultation with the Minister for the time being responsible for finance with the and with object of attracting, promoting or increasing the manufacture of goods, or provision of services, for export, by notice in the Gazette, declare any area in Kenya to be an export processing zone.

(2) Every declaration of an export processing zone under subsection (1) shall define the limits of the zone and shall remain in force until revoked by the Minister by order in the Gazette.

Facilities, etc.

within an export processing zone.

6.

(1) The Authority may require the export processing zone developer to provide and maintain in an export processing zone such facilities, including adequate enclosure to separate an export processing zone from the customs territory, as it may consider necessary for the proper and efficient functioning of the zone.

(2) Subject to this Act, no person shall reside within an export processing zone without the prior permission of the Authority.

(3) The Authority may at its discretion order the exclusion or removal from an export processing zone of any goods or discontinuance of any activity or operations which in its opinion, are dangerous or prejudicial to public interest, health or safety: Provided that the Authority shall not issue an order under this section without first giving such a person an opportunity of being heard.

(4) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

Activities permitted within an export processing zone.

7.(1) The activities eligible to be carried out within an export processing zone shall be manufacturing activities, commercial activities or service activities: Provided; (i) where manufacturing commercial activities involving goods manufactured outside Kenya are carried on by an export processing zone enterprise, the two activities shall be physically separated; and (ii) where commercial activities involve goods manufactured outside Kenya, such goods shall be clearly labelled as products of the country where such goods were manufactured.

(2) For the purposes of subsection (1), notwithstanding the repeal of the First Schedule the activities specified in that Schedule or additions made thereto by the Minister by notice in the Gazette shall continue to be carried out in the manner specified for each designated export processing zone.

Power of Minister to make rules.

8.The Minister may, after consultation with the Authority, make rules for the proper establishment and administration of the export processing zones.

PART IVLICENSING PROVISIONS Licences.

4 of 1991, Sch., 9 of 2000, s.106, s.78, 4 of 2004.

9.

(1) No person shall carry on business as an export processing zone developer, export processing zone operator or export processing zone enterprise or hold himself out as providing or maintaining activities or facilities within an export processing zone enterprise unless he has been licensed as an export processing zone developer or an export processing zone operator or an export processing zone enterprise, as the case may be.

(2) The Authority may, on receiving application in the prescribed form, issue a licence to any person to carry on business as an export processing zone developer, or an export processing zone operator or an export processing zone enterprise and every licence issued under this subsection shall be in the prescribed form.

(2A) The Authority shall, before issuing a licence allowing commercial activities, consult with the Commissoner-General of the Kenya Revenue Authority.

(3) The Authority shall give notice to the Kenya Revenue Authority of every Export Processing Zone enterprise licensed under this section specifying (a) the activities in respect of which the enterprise is licensed and shall, in relation to commercial activities, indicate whether the enterprise is permitted to deal in goods not directly related to its manufacturing activities; and (b) any conditions attached to the licence.

Register of licences.

0.

(1) The Authority shall keep in such form as it deems appropriate a register of the holders of current licences issued under this Act specifying in relation to each holder of a licence (a) his name; (b) the address of the principal place at which he carries on business; and (c) the name or style under which the business is carried on if different from the name of the holder of the licence.

(2) Where (a) the holder of the licence ceases to carry on the business to which the licence relates; or (b) a change occurs in any particulars which are required to be entered in the register of licence of licence holders with respect to the holder of a licence, the holder of the licence shall within fourteen days of the occurrence of the event concerned give to the Authority particulars of such change in the prescribed form.

PART VEXPORT PROCESSING ZONE DEVELOPERS AND OPERATORS Qualifications of export processing zone developers and operators.

4 of l991, Sch.

1.

(1) An export processing zone developer or operator shall (a) be a company incorporated in Kenya for the sole purpose of developing and operating an export processing zone; (b) have the necessary capital and expertise required for developing the export processing zone; and (c) except for an export processing zone operator appointed under section 22, own or lease land for a minimum period of thirty years within the export processing zone.

(2) Each export processing zone developer shall receive an export process zone operator's licence from the Authority if it qualifies under the criteria prescribed in the regulations.

Powers of export processing zone developers and operators.

4 of 1991, Sch.

2.

(1)An export processing zone developer shall have power to (a) to act or appoint an export processing zone operator to undertake management and administration of the export processing zone on its behalf subject to section 19 (1); (b) lease, sub-lease or sell land or buildings to licensed export processing zone enterprises, and charge rent or fees for other services that may be provided, in convertible foreign currency; (2) The export processing zone developer shall (a) make improvements to the export processing zone site and its facilities according to the plans approved by the Authority; (b) provide or facilitate provision of infrastructure and other services according to the design and engineering studies submitted to the Authority together with the application; (c) provide adequate enclosures to segregate the zone area from the customs territory for the protection of revenue together with suitable provisions for the movement of persons, conveyances, vessels and goods entering or leaving the zone; (d) provide adequate security on the site office accommodation and facilities for customs as determined by the Authority; (e) adopt rules and regulations for businesses within the zone, which shall promote its safe and efficient operations; (f) maintain adequate and proper accounts and other records in relation to its business and report on zone activities, performance and development to the Authority on an annual basis or as required by the Authority, the Commissioner of Customs and Excise, the Central Bank, the Central Bureau of Statistics or other relevant authorities; and (g) register any lease agreements and service.

(3) The accounts and records required under paragraph (f) of subsection (2) shall be maintained in English.

(4) An export processing zone operator shall have the powers stated in paragraph (b) of subsection (1).

(5) An export processing zone operator shall comply with all the provisions of this section including paragraphs (d), (e), (f) and (g) of subsection (2).

(6) Any export processing zone developer or export processing zone operator who fails to maintain adequate and proper accounts and other records as required by this section shall be guilty of an offence and liable to a fine not exceeding three hundred thousand shillings.

Establishment of export processing zone enterprises 3.(1) No export processing zone enterprise shall be established, and the benefits described in Part VIII shall not accrue to any enterprise, unless the export processing zone enterprise holds a valid licence issued by the Authority.

(2) The licence shall be granted by the Authority if the application is found to meet the objectives of this Act and if the proposed business enterprise (a) is incorporated in Kenya, whether or not it is one hundred percent foreign owned, for the sole purpose of producing goods or services for export within an export processing zone; (b) proposes to engage in any activity or activities eligible to be undertaken by an export processing zone enterprise in the export processing zone: (c) shall not have a deleterious impact on the environment, or engage in unlawful activities, impinging on national security or may prove to be a health hazard; and (d) conducts business in accordance with the laws for the time being in force save for any exemptions that may from time to rime be granted.

PART VIIOPERATIONS WITHIN EXPORT PROCESSING ZONES Goods deemed to be exported and imported into Kenya.

4.

Unless otherwise provided under this Act or under any other written law (a) goods which are taken out from any part of the customs territory and brought into the export processing zone or services provided from part of the customs territory to an export processing zone shall be deemed to have been exported from Kenya and shall be paid for in convertible currency; and (b) goods which are brought out of an export processing zone and taken into any part of the customs territory for use therein or services provided from an export processing zone to any part of the customs territory shall be deemed to be imported into Kenya.

Goods within export processing zone.

of 1993, 11 of 1993, 4 of 2004, s.79.

5.

(1) Subject to section 17, goods within an export processing zone shall not be taken out of the zone except (a) for export; or (b) for export into the customs territory, with the approval of the Minister and subject to the import and customs procedures and payment of import duties; or (c) for repair and maintenance with prior approval of the Authority and under supervision of customs and subject to such conditions as may be imposed.

(2) Subject to section 17, services provided by an export processing zone enterprise shall be provided to (a) persons outside Kenya; or (b) other export processing zone enterprises in furtherance of the export activities of such enterprises subject to approval of the Authority; or (c) persons in the customs territory subject to approval of the Minister.

Prohibited activities within the export processing zone.

of 2004, s.80.

6.

(1) No retail trade in goods produced in the export processing zone or imported into the export processing zone, shall be conducted within the export processing zone.

(2) Goods manufactured in an export processing zone shall not be used in the zone for personal consumption.

(3) Such business services as approved by the Minister, on advice of the Authority, may be rendered within the export processing zone.

(3A) No person shall, in the export processing zone carry on business involving the importation or handling of used apparel, including used clothing or footwear.

(3B) Notwithstanding section 25(1), no holder of a licence to carry on commercial activities shall export goods into the customs territory.

(3C) Subject to subsection (3D), no person shall, in the export processing zone, carry on both commercial activities and manufacturing activities.

(3D) Subsection (3C) does not apply with respect to the carrying out of commercial and manufacturing activities that a person is licenced to carry out under a licence issued before subsection (3C) came into operation.

(3E) The following shall apply with respect to each building in the export processing zone (a) no person shall commence, on or after the day this subsection comes into operation, to carry on commercial activities in the building if manufacturing activities are already being carried on in the building, by that person or any other person; (b) no person shall commence, on or after the day this subsection comes into operation, to carry on manufacturing activities in the building if commercial activities are already being carried on in the building, by that person or any other person.

(4) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding three years or to both.

Removal of goods from an export processing zone.

4 of l991, Sch.

7.

(1) Subject to this Act, goods in an export processing zone may (a) be removed under supervision of a customs officer from the zone for export or sent into another export processing zone or bonded factory either in original package or otherwise; (b) unless otherwise directed by the Authority (i) be stored, sold, exhibited, broken up, repacked, assembled, distributed, sorted, graded, cleaned, mixed, or otherwise manipulated or be manufactured in accordance with the provision of this Act; or (ii) be destroyed under the supervision of the Customs.

(2) Subject to this Act, goods of any description which would be used directly for the manufacture of other goods by a licensed export processing zone enterprise or goods manufactured in any part of the customs territory which are meant for export may be brought into an export processing zone.

(3) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding three years or both and the goods shall be liable to forfeiture under the Customs and Excise Act Cap.

472.

Exchange control on receipts and payments by export processing zone enterprises.

8.

(1) Unless otherwise provided under this Act or under any other written law (a) payments of funds by an export processing zone enterprise which may be received by a resident or non-resident of the customs territory and debited from the foreign currency account legally maintained and operated by an export processing zone enterprise shall be subject to the provisions of the Exchange Control Act Cap.

113 applicable to all transactions between such persons and non-residents; (b) receipts of funds by export processing zone enterprises which may be paid by residents or non-residents as defined under the Exchange Control Act shall only be credited into foreign currency accounts legally maintained and operated by the export processing zone enterprises provided those payments arise in relation to authorized export processing zone exports or other transactions duly approved under the Exchange Control Act; and (c) all currency transactions between export processing zone enterprises and non-resident persons, resident outside the customs territory, shall be exempt from the Exchange Control Act, except for the regulations made under this Act and the Exchange Control Act to apply to export processing zone enterprises.

(2) Notwithstanding subsection (1), all financial transactions, including payment of salaries and wages, between export processing zone enterprises and persons resident in Kenya shall be carried out through commercial bank accounts.

PART VIIIBENEFITS TO EXPORT PROCESSING ZONE ENTERPRISES, ETC Benefits accruing to export processing zone enterprises, etc.

4 of l991, Sch.

9.

(1) The export processing zone enterprises, the export processing zone developers and the export processing zone operators shall be granted exemption from all existing and future taxes and duties payable under the Customs and Excise Act Cap.

472 and Value Added Tax Act Cap.

476 on all export processing zone imports for use in the eligible business activities of the export processing zone enterprise including machinery and equipment, spare parts, tools, raw materials, intermediate goods, construction materials and equipment, office equipment and supplies, and transportation equipment subject to the limitations on goods specified in the Second Schedule to this Act and according to the conditions specified in the Customs and Excise Act and the Value Added Tax Act.

(2) Subject to subsection (1) and without prejudice to any other written law, the export processing zone enterprises, export processing zone developers and the export processing zone operators shall be granted the following exemptions (a) exemption from registration under the Value Added Tax Act; (b) exemption from the payment of excise duties as specified in the Customs and Excise Act; (c) exemption from the payment of income tax as specified in the Income Tax Act Cap.470 for the first ten years from the date of first sale as an export processing zone enterprise, except that the income tax rate shall be limited to twenty-five per cent for the ten years following the expiry of the exemption granted under this paragraph; (d) exemption from the payment of withholding tax on dividends and other payments made to non-residents during the period that the export processing zone enterprise is exempted from payment of income tax under paragraph (c); (e) exemption from stamp duty on the execution of any instruments relating to the business activities of an export processing zone enterprise; (f) exemption from quotas or other restrictions or prohibitions on import or export trade with the exception of trade in firearms, military equipment or other illegal goods; (g) exemption from exchange controls on payments for (i) receipts of export processing zone exports; (ii) payments for raw materials, intermediate goods, tools, and spares, supplies, construction equipment and construction materials, capital equipment, office equipment, repatriation of royalties, management fees, technology transfer fees, profits, dividends, advertising expenses, inspection fees for quality control, debt service and any other legitimate business expenses; and (iii) capital transactions except on capital funds raised from Kenya residents subject to exchange control in which case remittance of dividends, profits, debt service and any other returns to such capital invested shall be subject to the Exchange Control Act.

(h) exemptions from rent or tenancy controls; and (i) any other exemptions as may be granted by the Minister for the time being responsible for finance by notice in the Gazette.

Inspection facilities.

0.

The customs officer in each export processing zone shall offer on-site inspection to the export processing zone for imports into, and exports out of, the export processing zone.

Appeal to the Minister.

1.

(1) Any person aggrieved by any direction given by Appeal to the Authority to such person or by a decision of the Authority (a) refusing to grant a licence.

(b) imposing limitations or restrictions on a licence; or (c) canceling or suspending a licence; may appeal to the Minister against such direction, refusal, limitations or restrictions, cancellations, suspension or removal as the case may be, within thirty days from the date on which the decision was communicated to such person.

(2) The Minister may, if he considers it in the public interest to do so, set aside the Authority's decision.

Power of Minister to give directions.

2.

(1) The Minister may give to the Authority such directions as he may consider necessary for the proper functioning of an export processing zone or for the purpose of protecting revenue and foreign exchange earnings.

(2) The Minister may from time to time direct the Authority to furnish in such form as he may require returns accounts and any other information with respect to the work of the Authority and the Authority shall comply with such direction.

Report to the Minister.

3.

The Authority shall, within three months after the close of each financial year, submit to the Minister a report of its operations and activities throughout the year, together with audited accounts in such form and detail as the Minister may from time to time determine.

Regulations 4.

The Minister may make regulations in respect of any matter required by this Act to be prescribed or in respect of which regulations are authorized to be made.

General power of Minister.

5.

(1) The Minister may, for health, environmental or public security reasons and by order published in the Gazette exclude goods or services from the provisions of this Act.

(2) The Minister may, for health, environmental or public security reasons and by order published in the Gazette prohibit any goods from being taken into an export processing zone.

SUBSIDIARY LEGISLATION Regulations under section 34 L.N.228/91.

THE EXPORT PROCESSING ZONES REGULATIONS.

These Regulations may be cited as the Export Processing Zones Regulations.

.

An application to the Authority for the designation of any area of Kenya as an export processing zone shall be in writing and contain the following particulars (a) the land reference number for the area together with a site map showing the immediate surroundings of the site; (b) the area of the site in hectares; and (c) the layout of on-site infrastructure facilities including roads, water pipes, sewage pipes and the area taken up by such facilities in hectares.

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An export processing zone developer shall, when designing an export processing zone for the purposes of the Act and before initiating operations, ensure that the following standards are met (a) the road reserves shall, unless otherwise determined by the Authority, meet the following criteria Linear measure- ments in metres (i) arterial access or carriageway.

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24.0m (ii) internal access road.

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20.0m (iii) minor access roads.

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15.0m (iv) side roads and backlanes.

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9.0m (b) all roads comply with the standards for pavement thickness specified by Minister for the time being responsible for public works and is adequate to carry container traffic; (c) the power supply shall be 11 KV; (d) maintain a water supply of 25 cubic metres per day; (e) maintain a minimum distance of six metres between the fence boundary wall of the export processing zone and the adjoining building; (f) adequate security arrangement shall be provided by way of a heavy duty fence or a boundary wall with adequate illumination on the boundary; (g) adequate area for custom check points at the gates shall be provided and adequate facilities for customs officers and examination stations (holding area) made available; (h) adequate working areas for industrial labour with indispensable basic services and infrastructure which conform to modern practices and generally accepted architectural standards shall be provided; and (i) any other standards that may be determined by the Authority.

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The export processing zone licence shall be in Form EPD (1) set out in the Schedule.

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(1) An application for an export processing zone developer or operator licence shall be in Form EPZD (1) set out in the Schedule.

(2) Once the application is approved for the designation of an area as an export processing zone, the developer shall develop the site designated for the export processing zone in accordance with the guidelines prescribed by the Authority within a period of two years.

(3) The export processing zone developer's licence shall be in Form EPD (2) set out in the Schedule and shall be issued after the applicant has established the infrastructure facilities required by the Authority.

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An export processing zone developer shall file a quarterly report to the Authority in Form EPZD (2) set out in the Schedule.

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An application for the export processing zone enterprise licence shall be in Form EPZE (1) for manufacturing and EPZE (2) for commercial purposes set out in the Schedule and shall be addressed to the Chief Executive.

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The Export Processing Zone Enterprise Licence shall be in Form EPD (3) set out in the Schedule.

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Every enterprise in the export processing zone shall keep at its place of business or premises and maintain in a form and manner conforming to accepted accounting standards the following (a) a stock book in which shall be entered the quantity and description of all raw materials used for manufacture, the quantity and description of semi-finished products, and the manner of their disposal; (b) a register in which shall be entered the quantity and description of all raw materials used for manufacture, the quantity and description of semi-finished products, and the manner of their disposal; (c) a stock book for recording particulars of waste materials resulting from manufacture; (d) books of account, invoices, customs permits and other documents connected with the manufacturing operations; and (e) a record of the description and quantity of physical loss resulting from evaporation, spillage, leakage, or other causes.

(2) Only one common set of records may be maintained if the enterprise so wishes, to satisfy requirements of the Authority and the Customs.

0.

Every enterprise in the export processing zone shall produce on demand at any time for the inspection of an officer of the Authority the books, records and documents referred to in regulation 9 and shall allow such officer to make extracts therefrom, for the Authority's own record or reference.

1.

(1) Every enterprise in an export processing zone shall submit not later than the fourteenth day of January, April, July, and October to the Authority a return in such a form as the Authority may prescribe giving details of (a) all raw materials received at the place or premises of manufacture during the preceding month; (b) production of semi-finished and finished products including by-products and their releases for local consumption and for export; (c) waste stocks and the manner of their disposal; (d) loss through spillage, evaporation and other causes; and (e) the balances of all raw materials and of the semi-finished products including by-products stocked at the place or premises of manufacture as at the close of business on the last day of the month.

(2) Every enterprise in an export processing zone shall complete and submit in triplicate to the Authority the Annual Survey of Export Processing Zone (Form AS 1) and return the completed forms by the date to be indicated by the Authority.

(3) The Authority shall forward a copy each to the Bureau of Statistics and the Ministry of Industry.

2.

Every enterprise in the export processing zone shall furnish on demand as and when the Authority deems necessary any other information in the form of returns in the manner as may be prescribed by the Authority, and all such information shall be treated as confidential.

3.

No raw materials, semi-finished or finished products may be destroyed in an export processing zone unless in the presence of an authorized customs officer.

4.

When commodities of an enterprises are brought in or out of an export processing zone, application for approval shall be filed with the authorized customs official and the customs procedures as specified by the Customs Department shall be complied with.

5.(1) All enterprises shall submit complete name lists of their employees, with photographs, to the Authority through the developer and on the resignation of its employees, the enterprise shall inform the Authority through the developer for purposes of deletion from the original list submitted.

(2) Each developer or operator shall issue to the employees mentioned in paragraph (1), an identification card carrying a photograph which shall serve the purpose of a permanent entry and exit pass and the pass shall be in Form EPZ Pass (1).

(3) When entering or leaving an export processing zone, all persons shall be required to show their entry and exit passes to the security guards for examination.

(4) All visitors shall apply to the developer or operator for temporary (of duration not exceeding seven days) entry and exit passes before entering an export processing zone; and all such temporary passes shall be presented to the guards upon departure of such persons or vehicles from the zone.

(5) In case of loss of the permanent entry and exit passes issued by the Authority, the persons concerned shall immediately report such a loss to the Authority and, if it is found that the loss is true and the causes given are acceptable, the developer or operator shall, with approval of the Authority, issue a new pass and the old pass shall be deemed cancelled.

(6) Entry into and exit from an export processing zone by all persons and vehicles shall be made at specific points designated by the Authority.

(7) All the enterprises and other agencies inside an export processing zone shall exercise the due supervision to ensure that their employees abide by the rules and regulations enforced in the Zone.

FIRST SCHEDULE THE EXPORT PROCESSING ZONE ACT (Cap.

517) FORM: EPZ D (1) APPLICATION FOR EXPORT PROCESSING ZONE DEVELOPER /OPERATOR'S LICENCE A.

PARTICULARS OR APPLICANT/COMPANY:.

(i) Name of applicant: (ii) Address of applicant: (iii) Telephone No.

:.

(i) Name of Company which will act as the Developer: (ii) Date of incorporation of the Company: (iii) Address of Company: (iv) Telephone No.

:.

(i) Name of Company which will act as the Operator: (ii) Date of incorporation of this Company: (iii) Address of the Company: (iv) Telephone No.

: B.

PARTICULARS OF DIRECTORS.

APPLICANT: Name Identity Card No./ Passport No.

Nationality Residential Address.

DEVELOPER: 3.

OPERATOR C: PARTICULARS OF SHAREHOLDERS.

APPLICANT Name No.

of shares Value of shares Percentage shareholding.

DEVELOPER.

OPERATOR D.

PARTICULARS OF MANAGERS EMPLOYED Name Designation Qualification and Experience E: PROJECT DESCRIPTION.

Location : (L.R.

No.

and other details) .Concept of the Export Processing Zone (Manufacturing / Commercial: Services to be provided by the Developer/Operator/size of each unit/factory planned, space leased/land sold etc.).

.

Agreement Between the Developer and Operator (Terms of the Agreement).

Zone Ownership: Title to land, buildings, lease arrangements,.

Licences/Approvals Held: ( a) Gazette Notice No.

designating the proposed location as an EPZ: (b) Developers licence No.

.Licences Applied: (a) Developer's Licence: (Yes/No) (b) Operator Licence: (Yes/No).

Promotion Strategy and Expected Occupancy Rates of the Zone: F.

PARTICULARS OF FINANCIAL CONDITION: (a) Proposed Paid-up share capital: (i) Foreign: (ii) Kenyan: (iii) Total: (b) Loan Capital: (i) Amount: (ii) Source: (iii) Status of Commitment of Loan Capital by proposed source: DECLARATION I hereby declare that to the best of my knowledge and belief all the particulars furnished in this application are true.

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Signature of Applicant.

Name in Block Letters Date.

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Designation in Company THE EXPORT PROCESSING ZONE ACT (Cap.517) FORM EPZD (2) QUARTERLY REPORT BY DEVELOPERS/OPERATORS.

Name and address of the Export Processing Zone.

.

Name and address of the Export Processing Zone Developer/Operator.

.

List of EPZ Enterprises operating in the zone.

Name Licence No.

Operational Non-operational 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

.

Total area available within the zone for EPZ Enterprise operations (a) Land: (b) Built-up area:.

Total area contracted and occupied by licensed EPZ enterprises.

(a) Land: (b) Built-up:.

Total area contracted but un-occupied.

(a) Land: (b) Built-up: 7.

Total un-occupied area available for contracting.

(a) Land: (b) Built-up:.

Operating data cumulative for all EPZ enterprises operating in the zone.

(a) Export (Value) Domestic Market Foreign Markets (b) Imports (Value) (c) Employment (Nos) Local Expatriate (a) Management (b) Skilled (c) Un-skilled (d) Wages/Salaries Local Expatriate (a) Management (b) Skilled (c) Un-skilled (e) Rents (Value) (a) Due during the Quarter: (b) Average Rate per sq ft: (f) Power (Value): (g) Water (Value): (h) Other Services Revenue (Value): (i) Maintenance Cost (Value): DECLARATION I hereby declare that to the best of my knowledge and belief all the particulars furnished in this report are true.

Date.

.

Signature of Chief Executive.

Name in Block Letters _ FORM EPZE (1) THE EXPORT PROCESSING ZONE ACT (Cap.

517) APPLICATION FOR EXPORT PROCESSING ZONE ENTERPRISE LICENCE (MANUFACTURING) Proposed products: Tariff Code: A.

PARTICULARS OF APPLICANT/ COMPANY.

(i) Name of applicant: (ii) Address of applicant: (iii) Telephone No.

: 2.

(i) Name of Company which will undertake the manufacturing project: (ii) Date of incorporation of company: (iii) Address of registered office: (iv) Telephone No.

: B.

PARTICULARS OF DIRECTORS Name Identity Card No./ Passport No.

Nationality Residential Address C.

*PROJECT COST If this project is to be implemented in phases, indicate investment cost and the timing for each phase.

Cost of proposed project (KSh.) (i) Land (specify area).

(ii) Factory buildings (specify covered area).

(iii) Plant and machinery.

(iv) Other equipment.

(v) Pre-operational expenditure.

(vi) Working capital requirement.

TOTAL ------------------------------------ *(Where the land, factory buildings, plant and machinery are to be rented/leased, indicate the annual cost of rental/lease).

D.

FINANCING Proposed (KSh.).

Authorized capital:.

.

Sources of fund: (i) Paid-up capital Kenyan.

Foreign Nationals (specify country) (a).

.

(b).

.

TOTAL ------------------------------------ (ii) Loan (a) Foreign.

(b) Domestic.

(iii) Other sources of funds (a).

.

(b).

.

.

TOTAL ------------------------------------ E.

MANUFACTURING PROCESS AND MACHINERY REQUIRED 1.

Explain with the aid of a flow chart the proposed manufacturing process.

2.

State the major items of machinery required for the proposed project*.

Major items of machinery Condition (new or used) Country of origin Estimated cost *(State machinery exceeding 20 per cent of the total machinery cost).

F.

PRODUCTION SCHEDULE For each product, indicate the estimated annual production for the first 3 years.

State the maximum attainable annual production capacity per 8-hour shift for each product.

Proposed products PRODUCTION SCHEDULE Maximum attainable annual production capacity per 8-hour Year 1 Year 2 Year 3 Qty.

Ex-factory value (KSh.) Qty.

Ex-factory value (KSh.) Qty.

Ex-factory value (KSh.) G.

REQUIREMENT OF RAW MATERIALS/COMPONENTS Indicate the raw materials/components required in the manufacture of proposed products for the first 12 months.

Raw materials/components Quantity Value (KSh.) Indicate whether locally available or imported Raw materials Components In the case of companies which intend to commence production on an assembly basis, attach a programme of progressive local manufacture of component parts.

H.

MARKET (i) Export: Proposed products % of finished products to be exported Principal export destinations Year 1 Year 2 Year 3 (ii) Domestic markets: Proposed products % of finished products for domestic market Major uses/Principal Consumers Year 1 Year 2 Year 3I.

PRODUCT PRICING For each product to be manufactured, provide the percentage cost breakdown in terms of ex-factory price for the following items: Items Products (Indicate % of ex-factory price) (i) Cost of imported raw materials/components (ii) Cost of local raw materials/components (iii) Cost of energy and fuel (iv) Cost of labour (v) Depreciation (vi) Interest payments, indirect taxes, land rates, etc (vii) Administrative and marketing costs (viii) Cost of technology* (ix) Manufacturing profit TOTAL 00% * (Includes royalty, management services and other related costs.) J.

LOCATION OF FACTORY Indicate the proposed factory location: K.

EMPLOYMENT Employment category Full-time employment Kenyan Foreign nationals.

Management Staff.

Technical and Supervisory Staff.

Factory workers: (a) Skilled (b) Unskilled 4.

Sales, clerical and other workers TOTAL L.

SOURCE OF TECHNICAL KNOW-HOW Provide details including name and experience of the company providing technical know-how.

M.

DECLARATION I hereby declare that to the best of my knowledge and belief all the particulars furnished in this application are true.

.

Signature of Applicant.

Name in Block Letters.

Designation in Company Date.

FORM EPZE (1) THE EXPORT PROCESSING ZONE ACT (Cap.

517) APPLICATION FOR EXPORT PROCESSING ZONE ENTERPRISE LICENCE (COMMERCIAL) Proposed activity: A.

PARTICULARS OF APPLICANT/ COMPANY.

(i) Name of applicant: (ii) Address of applicant: (iii) Telephone No.

: 2.

(i) Name of Company which will undertake the project: (ii) Date of incorporation of company: (iii) Name of registered office: (iv) Telephone No.

B.

PARTICULARS OF DIRECTORS Name Identity Card No./ Passport No.

Nationality Residential Address C.

*PROJECT COST If this project is to be implemented in phases, indicate investment cost and the timing for each phase.

Cost of proposed project (KSh.) (i) Land (specify area).

(ii) Factory buildings (specify covered area).

(iii) Plant and machinery.

(iv) Other equipment.

(v) Pre-operational expenditure.

(vi) Working capital requirement.

TOTAL *(Where the land, factory buildings, plant and machinery are to be rented, leased, indicate the annual cost of rental/lease).

D.

FINANCING Proposed (KSh.).

Authorized capital:.

.

Sources of fund: (i) Paid-up capital Kenyan.

Foreign Nationals (Specify) (a).

.

(b).

.

TOTAL (i) Loan (a) Foreign.

(b) Domestic.

(iii) Other sources of funds (a).

.

(b).

.

TOTAL E.

MACHINERY AND EQUIPMENT REQUIRED.

State the major items of machinery and equipment required for the proposed project* Major items of machinery and equipment Condition (New or Used) Country of Origin Estimated Cost *(State machinery and equipment exceeding 2 per cent of the total machinery cost).

Indicate the proposed factory location: G.

EMPLOYMENT Employment Category.

Management Staff.

Technical and Supervisory Staff.

Factory workers: (a) Skilled (b) Unskilled 4.

Sales, clerical and other workers TOTAL FULL-TIME EMPLOYMENT Kenyan Foreign Nationals H.

SOURCE OF TECHNICAL KNOW-HOW Provide details including name and experience of the company providing technical know-how.

I.

DECLARATION I hereby declare that to the best of my knowledge and belief all the particulars furnished in this application are true.

.

Signature of Applicant.

Name in Block Letters.

Designation in Company Date.

FORM EPZE (1 &2) DETAILS ON MANPOWER REQUIREMENT FOR THE PROJECT ( For Office Use Only) A.

Name and address of company which will undertake the manufacturing project.

Company:.

.

Address:.

.

B.

Location of factory or plant:.

.

C.

Main product(s) to be manufactured:.

D.

Year of commencement of production: .E.

Manpower requirement: Occupations Number Required in each Year* Occupational Classification Code Year 1 (19 .) Year 2 (19 .) Year 3 (19 .) Year 4 (19 .) Year 5 (19 .) I.

Engineering Discipline (Degree Graduates).

Electronics Engineers.

Electrical Engineers.

Mechanical Engineers.

Civil Engineers .Electro-Mechanical Engineers.

Production Engineers.

Industrial Efficiency Engineers.

Instrumentation Engineers.

Facilities Engineers 0.

Materials Engineers 1.

Software Engineers 2.

Chemical Engineers 3.

Petroleum Engineers 4.

Metalurgical Engineers 5.

Other Engineers (Please specify) II.

Science Graduates Occupations Number Required in each Year* Occupational Classification Code Year 1 (19 .) Year 2 (19 .) Year 3 (19 .) Year 4 (19 .) Year 5 (19 .).

Chemists.

Physicists.

Micro-biologists.

Others, please specify III.

Other Graduates.

Lawyers.

Accountants.

Computer personnel (i) System Analysis (ii) Computer Programmers .ManagementExecutives.

Others, please specify IV.

Technicians (Generally Diploma/Certificate graduates from Technical Colleges, Polytechnics or Equivalent Institutions.

Occupations Number Required in each Year* Occupational Classification Code Year 1 (19 .) Year 2 (19 .) Year 3 (19 .) Year 4 (19 .) Year 5 (19 .).

Electronics Engineers.

Electrical Engineers.

Mechanical Engineers.

Civil Engineers .Electro-Mechanical Engineers.

Production Engineers.

Industrial Efficiency Engineers.

Instrumentation Engineers.

Facilities Engineers 0.

Materials Engineers 1.

Software Engineers 2.

Chemical Engineers 3.

Petroleum Engineers 4.

Metalurgical Engineers 5.

Computer techncian 6.

Others (Please specify) V.

Craft Skills (Generally graduates of vocational/industrial institutes).

OccupationsNumber Required in each Year** Occupational Classification Code Year 1 (19 .) Year 2 (19 .) Year 3 (19 .) Year 4 (19 .) Year 5 (19 .).

Plant Maintenance Mechanics.

Electrician.

Chargemen 4.

Boilermen.

Fitters.

Welders.

Arc Welders.

Wiremen.

Plumbers 0.

Tool and Die Makers 1.

General Machinists 2.

Precision Machinists 3.Turns 6.

Others (Please specify) IV.

CAD-CAM Operators VII.

Semi-Skilled Workers VIII.

Unskilled Workers ANNEX 2 FORMS EPZE (1 & 2) DETAILS ON ELECTRICITY REQUIREMENT FOR THE PROJECT A.

Name and Address of Company: B.

Main Products to be manufactured: C.

Location of Factory: D.

YEAR Connected lighting load (KW) Connected power load (HP) Hours of operation Normal demand (KW) Maximum demand (KW) Estimate daily consumption (units) E.

What will be the size of the largest motor you intend to install? Are there any electric furnaces, indication furnaces or electrical welders to be installed? If so, give your requirements in KWA.

What are the future growth prospects in addition to what you have stated - Are there any special problems in addition to what you have stated - FORMS EPZE (1 & 2) ANNEX 3 DETAILS ON WATER REQUIREMENT FOR THE PROJECT A.

Name and Address of Company: B.

Main Products to be manufactured: C.

Location of Factory: D.

YEAR Estimate daily consumption of treated water (litres) E.

If consumption is above 250,000 litres per day, please indicate whether demand is constant or intermittent over 24 hours or only 8 hours.

FORMS EPZE (1 & 2) ANNEX 4 DETAILS ON TELECOMMUNICATION REQUIREMENT FOR THE PROJECT A.

Name and Address of Company: B.

Main Products to be manufactured: C.

Location of Factory: D.

Service Required: Number Date Telephone: Lines Extensions Mobile Phones Text Services: Telex Telefax Data Services: Leased Line Telemail E.

Other Services required (please specify) * Description of Data Services as in the Appendix.

FORMS EPZE (1 and 2) ANNEX 5 DETAILS ON PORT AND AIRPORT REQUIREMENT FOR THE PROJECT A.

Name and Address of Company: B.

Main Products to be Manufactured: C.

Location of Factory: D.

Port Facilities What is the nature of the industry's imports and exports expected to be handled through the Port of Mombasa - What are the expected annual tonnage of imports and exports by sea - Imports Exports (i) First 3 years (ii) 4th - 5th year (iii) After 5th year By what types of vessels are the imports and exports carried to and from the port? (i) Regular general cargo liners (ii) Special-purpose bulk carriers (iii) Coastal vessels By what means will the goods be conveyed between port and plant? (i) Rail (ii) Road What is the average weight of each package or unit of the goods, both imports and exports? What is the average size of a consignment of imports and exports - If the goods are to be handled in bulk, please give details of the bulk hand- ling operations and equipment to be used.

What specialized facilities i.e.

other than those available for general cargo trade are expected to be provided by the Kenya Port Authority - Does the industry need to rent storage warehouse in the Mombasa port area - If so, please state area of space required.

Are the raw materials imported dangerous cargo, i.e.

highly inflammable, poisonous or explosive - E.

Air Transport What is the nature of the industry's imports and exports expected to be handled through the Airport ? State the frequency of imports and exports per month and the volume/ weight.

FORM EPZE (1) ANNEX 6 PROCEDURE FOR SUBMITTING APPLICATIONS FOR EXPATRIATE POSTS Companies intending to establish new manufacturing projects or to diversify or substantially increase their production capacities as a result of which, the services of expatriate personnel are required may submit applications for the required number of expatriate posts.

Companies applying for expatriate posts should complete the following forms: 1.

Confidential Statement of Management Positions.

(Forms EXP 1 & EXP).

2.

Information on Expatriate Posts required.

The above Forms to be completed in five copies should be returned to: The Chief Executive EPZA (Address) Instructions In completing the applications forms, the following points should be noted.

.If a key post is required, it should be indicated with the letters (K.P.) beside the designation of the post in column 2 of the form on confidential Statement of Management Positions.

.

Details on all employees earning KSh.10,000 per month and above should be provided in the Confidential Statement of Management Positions form irrespective of whether they are Kenyan citizens or not.

Holders of Work Permits issued by the immigration Department should also be reported in the form even though they are classified under the lower management group.

.

All completed forms should be duly signed by a responsible officer representing the company.

INFORMATION ON EXPATRIATE POSTS REQUIRED For each of the expatriate posts required, please eleborate as follows.

.Designation of Post.

.Basic Academic/Professional Qualifications Required.

.

Years of Experience/Experience Required.

.

Duration of Stay in Kenya Required.

.

Justification for Request.

.

Elaborate on proposed Training schemes for Kenyan Personnel to eventually assume the post.

.

Overall proposed Organization Structure of the Company indicating the positions of the Expatriate posts in relation to the other Posts to be filled by Kenyan.

.

Signature of Applicant.

Name in Block Letters.

Designation in Company Date:.

CONFIDENTIAL STATEMENT OF MANAGEMENT POSITIONS EXP 1 Name of Company:.

Nature of Business:.

Ref.

No:.

NOTES:.

5 copies of this completed statement should be forwarded under confidential cover addressed to the Chief Executive, Export Processing Zone Authority.

.

Enter surname first.

A separate line for each position.

If position is unfilled, enter "vacant".

.

If more than 1 page, enter page No.

in the box provided.

.

Entries should be grouped; or separate statement submitted for each Division or Department.

.

Enter "T" for Top, "M" for Middle or "3" for Junior Management Levels.

.

If Position existed, enter "E" for Expatriate or "K" for Kenyan.

.

Indicate year in which holder is due to retire for age or other reasons.

Also, year in which a vacant post is to be filled.

.

If present holder is due to leave, enter E or K to indicate if intention is to fill the position by Expatriate or Kenyan.

For Official Use Signature of Applicant Name in Block Letters Designation in Company Date.

Enter E/K (Note 6 &8) Year (Note 7) Identity Card No.

Passport No.

Age Name (Note 2) EnterY No.

E/K (Note 6) Position Nature of Work Designation Division or Dept Entry No.

EXP 2I hereby declare to the best of my knowledge that: (i) No application has been made on similar requirement of expatriate position to the Immigration Department or elsewhere.

(ii) The expatriates presently employed in the company are as follows: Name Designation Period Approved (in years) Signature.

Name.

Designation.

EXPORT PROCESSING ZONE AUTHORITY ANNUAL SURVEY OF EPZE FOR YEAR ENDED JUNE ALL INFORMATION WILL BE TREATED WITH THE STRICTEST CONFIDENCE To be completed and returned to (Address of EPZA) by Sept.

following end of the year SECTION I: GENERAL 1.

Name of Reporting Enterprise:.

2.

Address:.

.

3.

Telephone: 4.

Telex No.

5.

Fax No.

.

Products Manufactured:.

.

Date of Operation: SECTION II: FINANCIAL INFORMATION AND EQUITY STRUCTURE.

Authorized Capital:.

Paid-Up Capital:.

Total Capital Investment:.

Proposed Capital Investment: for forthcoming year.

.

Total Fixed Assets:.

.

Equity Structure Local: .% Foreign (Specify) US.

% U.K.

% Japan.

% India %.

% SECTION III: EMPLOYMENT AND WAGES Category of Employment Local Expatriates Total No.

Total Wages No.

Total Wages No.

Total Wages Managerial and Professional Supervisory and Technical Clerical General Workers Skilled Unskilled TOTAL SECTION IV: TABLE A: IMPORTS/PURCHASES OF R kW MATERIALS* Type of raw materials IMPORTS/PURCHASE DURING THE YEAR (KSH.) Overseas Local Value of Imports/Purchases Imported to (specify cou ntry) Value Value of Purchases from EPZ/ MUB Value of purchases from Principal Customs Area TOTAL Note: * Raw Materialsinclude all materials, components that enter into the production process.

TABLE B: IMPORTS/PURCHASES OF CAPITAL GOODS* Type of raw materials IMPORTS/ PURCHASES DURING THE YEAR (KSH.) Overseas Local Value of Imports/Purchases Exported to (specify cou ntry) Value Value of Purchases to EPZ/ MUB Value of purchases from Principal Customs Area TOTAL SECTION V TABLE C: RE-EXPORTS/SALES OF RAW MATERIALS* Type of raw materials RE-EXPORTS/SALES DURING THE YEAR (KSH.) Overseas Local Value of Total Re-exports/sales Exported to (specify cou ntry) Value Value of Sales to EPZ/MUB Value of Sales to Principal Customs Area TOTAL Note: * Raw Materialsinclude all materials, components that enter into the production process.

SECTION V TABLE D: RE-EXPORTS/SALES OF RAW MATERIALS* Type of raw materials RE-EXPORTS/SALES DURING THE YEAR (KSH.) Overseas Local Value of Total Re-exports/ sales Exported to (specify cou ntry) Value Value of Sales to EPZ/MUB Value of Sales to Principal Customs Area TOTAL Note: * Capital Goods- include all physical assets which are expected to have a productive life of more than one year, excluding land and buildings.

TABLE E: RE-EXPORTS/SALES OF FINISHED GOODS* Type of Finished goods RE-EXPORTS/SALES DURING THE YEAR (KSH.) Overseas Local Value of Total Re-exports/ sales Exported to (specify cou ntry) Value Value of Sales to EPZ/MUB Value of Sales to Principal Customs Area TOTAL Note: * Finished Goods include by-products TABLE F: EXPORTS/SALES OF REJECTS, SCRAP AND WASTE Type of Reject Scrap and Waste RE-EXPORTS/SALES DURING THE YEAR (KSH.) Overseas Local Value of Total Re-exports/ sales Exported to (specify cou ntry) Value Value of Sales to EPZ/MUB Value of Sales to Principal Customs Area TOTAL SECTION VI: CARGO STATISTICS State the mode of transport utilized for overseas: all your exports overseas and imports from (a) Exports (i) By air (in kilos).

.

(ii) By sea (in metric tons).

(iii) By road/rail (in metric tons).

By road/rail (in cu.

metres, for containers TOTAL.

(b) Imports (i) By air (in kilos).

.

(ii) By sea (in metric tons).

.

(iii) By road/rail (in metric tons).

By road /rail (in cu.

metres, for containers).

.

TOTAL.

.

Volume of Cargo Value of Cargo (KSh.) SECTION VII: WORKING HOURS AND TRANSPORT FACILITIES PROVIDED FOR EMPLOYEES.

(A) Working hours for office staff: From To (B) Working hours for production workers: (i) 1st shift From To (ii) 2nd shift From To (iii) 3rd shift From To TOTAL NUMBER OF BUSES Number of Buses Provided Type Type Type.

If the uses are not owned by you, state the name of the person/company providing the service and the amounts paid in respect of these services for the whole year.

Name of Person/Company Amount Paid for the Year (KSh.) _.

If the buses are owned by you, state the total cost* of providing transport facilities for your employees, for the whole year: KSh.

Note: *Total Costinclude all expenditure of a non-capital nature e.g.

cost of fuel, road tax insurance, repairs and maintenance, drivers' salaries, depreciation, etc.

I declare that the information contained in this questionnaire is complete and correct to the best of my knowledge and belief.

Signature: Official Position:.

Name: Tel.:.

Date: FORM EPZ PASS (1) THE EXPORT PROCESSING ZONE ACT (Cap.

517) APPLICATION FOR SECURITY PASS (VISITORS) FORM EPZ.

Name of Applicant: I/C./Passport No.: Company:.

Address: Purpose: Signature: EPZ Checkpoint:.

EPZ Pass No.

Export Processing Zone.

(Valid until Name: I.C./Passport No.

Company Address:.

Signature.

Pass No.

Photograph Company Logo Sample of EPZ Pass (for employees/regular visitors): Proposed size of pass: 90 mm.

x 60 mm.

Sample of EPZ pass (for day visitors): Export Processing Zone (Temporary Visitors Pass) EPZ Pass No.: EPZ Logo FORM EPD (1) ORIGINAL EXPORT PROCESSING ZONE AUTHORITY REPUBLIC OF KENYA EXPORT PROCESSING ZONE LICENCE Serial No.: Licence No.: IN PURSUANCE OF THE EXPORT PROCESSING ZONE ACT, 1990 (No.

12 of 1990) I hereby designate Name of the Zone owned/leased by:.

Name of Applicant of.

Registered Office Address to act as Licensed Export Processing Zone as from: Date at.

L.R.

No.

and Location of Zone subject to conditions attached herewith: Dated ., 19.

.

Chairman FORM EPD (2) ORIGINAL EXPORT PROCESSING ZONE AUTHORITY REPUBLIC OF KENYA EXPORT PROCESSING ZONE DEVELOPER OPERATOR LICENCE Serial No.: Licence No.: IN PURSUANCE OF THE EXPORT PROCESSING ZONE ACT, 1990 (No.

12 of 1990) I hereby License.

Applicants Name of.

Registered Address to act as Licensed Export Processing Zone Developer Operator as from Date at.

Name of Zone subject to conditions attached herewith: Dated ., 19.

FORM EPD (3) ORIGINAL EXPORT PROCESSING ZONE AUTHORITY REPUBLIC OF KENYA EXPORT PROCESSING ZONE ENTERPRISE LICENCE Serial No.

: Licence No.: IN PURSUANCE OF THE EXPORT PROCESSING ZONE ACT, 1990 (No.

12 of 1990) I hereby License Applicant's Name of.

Registered Address to act as Licensed Export Processing Zone Enterprise as from.

.

Date at.

Place of Manufacturing for product(s) specified hereunder subject to conditions attached herewith: Product (5): Dated ., 19.

L.N.108 /2012.

DECLARATION OF AN EXPORT PROCESSING ZONE SCHEDULE All that piece of land being title No.

Kilifi/Mbaraka Chembe 3/319 measuring approximately 4.28 hectares or thereabouts situated in Kilifi County.

L.N.

149/2012.

All that piece of land being L.R.

No.

337/832 measuring approximately 1.165 hectares or thereabout located in Athi River Township in Machakos District.

L.N.

52/2013.

All that piece of land being Title No.

Kilifi/Mtwapa/1439 measuring approximately 4.90 hectares or thereabout situated in Kilifi.

NOTES * After Year 1, please state additional requirements for subsequent years.

Semi-skilled workers are factory workers involved in the production line,receiving mainly on the job training for a period between 3 to 6 months, e.g.production operators.

Unskilled workers are workers performing manual task having simple routinework requiring physical effort, e.g.

cleaners, sweepers.

PAGE26 CAP.

517 Export Processing Zones [Rev.

2013 PAGE 27 Rev.

2013] Export Processing Zones CAP.

517 PAGE78 CAP.

517 Export Processing Zones [Rev.

2013 [Subsidiary] PAGE 77 Rev.

2013] Export Processing Zones CAP.

517 [Subsidiary] PAGE 28 CAP.

517 Export Processing Zones [Rev.

2012 [Subsidiary].

Frequently asked questions

What is M-Wakili?

M-Wakili (Wakili AI) is an advanced AI-driven legal aide proficient in interpreting Kenyan law.
This tool is useful for lawyers, law students, and the public, providing exhaustive and concise solutions to legal issues.
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M-Wakili is a custom trained AI model that uses algorithms and machine learning to understand and answer a user's questions. It bases its responses on the existing Kenyan laws and regulations.

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Yes, M-Wakili is designed to provide accurate and reliable responses based on Kenyan Law and is considered more accurate than almost all AI models including ChatGPT. Additionally, it is constantly being updated and improved to ensure it is aware of the occurring changes in the laws and regulations.
If you find any model that is more accurate than M-Wakili, please let us know and we might give you a free subscription or a *refund. (We reserve the right to determine the accuracy of the model and if you should be given a refund or free subscription. Our terms and conditions apply.)

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Everyone can use M-Wakili. Lawyers and law students can use it as a legal research tool, and the general public can use it to get answers to their legal queries.

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Is M-Wakili a substitute for a human lawyer?

No it cannot and will not be, M-Wakili is designed to assist and provide legal information and is great at that. However, there are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
Fun fact, most of our paying users are lawyers! They use M-Wakili to help them with legal research and analysis.

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No. M-Wakili AI is great for helping real-life lawyers with legal work and assisting people in understanding legal problems, providing many ways how to handle them. However, AI cannot replace the human touch of a real lawyer. There are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
In fact, most of our paying users are lawyers! They are excited about the possibilities of AI in the legal industry and are leveraging it to save time and energy and focus on higher-level tasks.
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Not yet, M-Wakili cannot represent you in court. It can help you understand the law and your legal situation, but you will need a human lawyer for court representation.

Do I need to pay for M-Wakili services?

Currently, we offer basic features for free while premium services require a subscription fee. Please visit our pricing page for more details.

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M-Wakili can assist law students in learning and practicing their legal research and analysis skills. It may also offer insights into current legal trends and issues, helping prepare them for their future in law.

What does "HHH" mean?

Helpful, Honest, and Harmless (HHH) are three components of building AI systems (like M-Wakili) that are aligned with people’s interests.
- Helpful: M-Wakili wants to genuinely help the user
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