Law Revision (Miscellaneous) (Amendments) (No 3) Act 2001

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No. 120f2001. Law Revision Miscellaneous 1 ANTIGUA
(Amendment) (No. 3) Act 2001. AND

BARBUDA

[ L.S. ]

I Assent,

James B. Carlisle,
Governor-General.

30th August, 2001.

ANTIGUA AND BARBUDA

No. 12 of 2001

AN ACT to amend the provisions of certain Acts of Parliament.

[ 31st August, 2001 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Law Revision Miscellaneous short title.
(Amendment) (No. 3) Act, 2001.

2. The Customs Service Tax is amended as follows - Amendment of the
Customs Senice

(a) by the repeal of section 5 and the substitution of the TaXAct'Cap. 12'.
following -

"(1) The tax is at the rate of ten percentum
of the value of all goods imported into
Antigua and Barbuda except the goods
specified in the Schedule.

(2) The rate of tax of the goods specified in
the Schedule is five percentum of the
value of the goods."

ANTIGUA 2 Law Revision Miscellaneous No. 12of2001.
AND (Amendment) (No. 3) Act 2001.

BARBUDA

(b) by the repeal of section 6 and the substitution of the
following -

"(6) The value of any goods for the pur-
poses of assessing the tax is the same as as-
certained under the Second Schedule of the
Customs (Control and Management) Act
1993,No. 7 of 1993."

(c) by inserting after section 10 the following Sched-
ule.

SCHEDULE

Heading No.

1006.10-1006.409
1101.001
1101.009

1701.11
1701.12

2501.001

04.01--04.02

0405.002
0405.003
1517.10

1507.1&1515.29

1103.13

3401.11-3401.191
9404.90

4818.402
4818.409

3306.101

3001.00,3004.909
3006.1G-3006.60

Description

Rice
m t e Flour (Dururn)
Other

Cane Sugar
Beet Sugar

Salt (Table)

Mllk

Butter (Fresh)
Butter (Salt)
Margarine

Refined Edible Oil

Maize (Corn) Meal

Soap (Toilet)
Bed pads (for adults)

Napkins (Diapers) for babies
Napkins (Diapers) for adults

Toothpaste

Medicine
Pharmaceutical goods

No. 12of2001. Law Revision Miscellaneous 3 ANTIGUA
(Amendment) (No. 3) Act 2001. AND

BARBUDA

3. The Immigration and Passport Act is amended as fol- Amendmentofthe
lows - Immigration and

Passport Act, Cap.

Heading No.

2710.11,2710.129
2710.1112710.149
2710.21-2710.219
2710.42-2710.429
27 10.22

208.
(a) by inserting in its appropriate alphabetical order in

section 2 the following -

Description

Petroleum Products

"Minister" means the Minister reponsible for
the admnistration of this Act.

(b) by deleting the words "Governor-General" in sec-
tions 6, 15, 17, 21, 23, and 25 and substituting
therefor the word "Minister."

(c) in section 15, by the repeal of subsection (2) and
the substitution of the following -

"(2) It shall be lawful for the Minister by
Order -

(a) to exempt any persons or class of
persons either permanently or on
a limited period from all or any
of the provisions of this section;

(b) to require any person or class of
persons specified in subsection (1)
(a) and (b) to have in his posses-
sion a passport which has been
visaed by a consular agent or con-
sular officer in the service of the
Government of Antigua and
Barbuda or other person duly so
authorised."

ANTIGUA 4 Law Revision Miscellaneous No. 12 of 2001. '
AND (Amendment) (No. 3) Act 2001.

BARBUDA

Amendment of the 4. The International Business Corporation Act is amended as
International follows -
Business Corpora-
tion Act, Cap. 222.

(a) in section 235, by inserting after subsection (4) the
following -

" (5) It is also a condition of the licence
issued under this Part that the licensee
shall -

(a) have a physical presence in Anti-
gua and Barbuda;

(b) designate and notify to the Au-
thority its principal office in Anti-
gua and Barbuda;

@) by repealing subsections (I), (2) and (3) of section
28 1 and substituting the following -

"(1) Notwithstanding anything contained
in the Income Tax Act, in this Act referred to
as "the Act", every exempt Corporation li-
censed to carry on the business of banking,
interactive gaming, interactive wagering,
sports book and virtual casinos under this Act
shall be chargeable to income tax imposed by
the Act.

(2) The Income Tax imposed by the Act
upon the chargeable income of an exempt cor-
poration carrying on the business of -

(a) banking from Antigua and
Barbuda, shall be charged at the
rate of three percentum (3%) on
the interest income on loans;

(b) interactive gaming, interactive
wagering, sports book and virtual
casinos from Antigua and
Barbuda shall be charged at the
rate of three percentum (3%) of
the net win; provided that an ex-

No. 120f2001. Law Revision Miscellaneous 5 ANTIGUA
(Amendment) (No. 3) Act 2001. AND

BARBUDA

empt corporation carrying on any
of the business specified in this
paragraph shall, on the produc-
tion of evidence satisfactory to the
Commissioner of Inland Rev-
enue, be entitled to deduct -

(i) licensing cost of not more
than forty percenturn (40%)
from the net win;

(ii) charge backs on credit
cards for a period not
exceeeding eighteen
months after the original
charge was made.

(3) For the purpose of this Division -

(a) interest income on loans in rela-
tion to banking business carried
on under this Act means interest
income on loans minus interest
expense;

(b) net win in relation to interactive
gaming, interactive wagering,
sports book and virtual casinos
carried on under this Act, means
the difference between the gross
stakes laid and the winnings that
are paid out;

(c) the tax imposed by this section
shall be paid quarterly."

(c) in section 316 (5), by deleting all the words after
the colon and substituting the following -

"Provided that no person shall be quali-
fied to be a member or an employee of the
Board if such person or his spouse is a share-
holder, director, officer or employee of a bank-
ing, insurance or trust corporation or any other

ANTIGUA 6 Law Revision Miscellaneous No. 120f2001.
AND (Amendment) (No. 3) Act 2001.

BARBUDA

corporation licensed to do business under this
Act.

Amendment of the 5. The Petroleum Act is amended as follows -
Petroleum Act, Cap.
326.

(a) in section 2, by inserting in its alphabetical order
the following -

"Minister" means the Minister responsible for
Finance;

(b) by inserting after section 21 the following new sec-
tion -

"Imposition of 22. (1) Notwithstanding the
m o u g h p u t k v ~ . provisions of any other law, the

Minister may, by Order published
in the Gazette, impose a
Throughput Levy on the impor-
tation into Antigua and Barbuda
of the following petroleum pro-
ducts -

(a) Gasoline;

(b) Diesel;

(c) Kerosene;

(d) BunkerC;

(e) Liquid Petroleum
Gas (LPG);

(f) Jet Fuel; and

(g) Aviation Fuel.

(2) Any levy imposed by the
Minister pursuant to this section
shall be paid by the importer to
the Comptroller of Customs on
delivery of the product to the im-
porter.

No. 12 0f2001. Law Revision Miscellaneous 7 ANTIGUA
(Amendment) (No. 3) Act 2001. AND

BARBUDA

(3) It is unlawful for any in?-
porter of, or dealer in petroleum
products to -

(a) raise the retail and
bulk sale of the petro-
leum products speci-
fied in subsection (1)
by adding any levy
imposed by the Min-
ister pursuant to this
section to the
cument retail or bulk
prices; or

(b) in any other manner,
pass on the levy in?-
posed by the Minis-
ter pursuant to this
section to the
customer.

(4) Any person who contra-
venes subsection (3) commits an
offence and is liable on summary
conviction to a fine not exceed-
ing ten thousand dollars or to a
term of imprisonment not exceed-
ing six months.

6. The Stamp Act is amended by inserting in its appropriate Amendment ofthe
alphabetical order in the Schedule the following - Schedule to the

Stamp Act, Cap.
410.

"LOANS TO NON-CITIZENS

(1) Any Bank or Financial Institution which provides loans
to a non-citizen is liable to a payment of a stamp duty of three
percent of the total amount so provided.

(2) For the purpose of this paragraph the expression -

(a) "non-citizen" includes a company registered under
the Companies Act in which two thirds of the shares
are not beneficially owned by citizens of Antigua

ANTIGUA 8 Law Revision Miscellaneous No. 12 0f2001.
AND (Amendment) (No. 3) Act 2001.

BARBUDA

and Barbuda, and a share is deemed not to be
beneficially owned by a citizen of Antigua and
Barbuda if -

(i) that citizen of Antigua and Barbuda is
in any way under obligation to or oth-
erwise may exercise any right attach-
ing to that share at the instance of, or
for the benefit of, any person who is
not a citizen of Antigua and Barbuda;

(ii) that share is held jointly or severally
with any person who is not a citizen of
Antigua and Barbuda.

(b) "Bank and "Financial Institutions" have the mean-
ing assigned to them in section 2 of the Banking
Act, and section 2 of the Financial Institutions (Non-
Banking ) Act, respectively."

(3) Any stamp duty paid by a non-citizen on a loan provided
Cap. 410. by a Bank or Financial Institution under the Stamp Act on or

after the 24th of November, 1994 shall be deemed to have been
validly paid."

Amendment of the 7. The Customs Duty Act 1993 is amended in subsection 8A
Customs Duties (1) as follows -
Act 1993, No. 27 of

(a) by the repeal of paragraph (b) and the substitution
of the following -

"(b) empty containers of solid glass, steel or
plastic imported into or manufactured
in Antigua and Barbuda and used for
bottling aerated, carbonated, non-car-
bonated soft drinks, cider, juices, bev-
erage, ale, malt, beer and stout, a waste
management deposit levy of twenty-five
cents per container;"

(b) in paragraph (c), by the repeal of items (i), (ii), (iii)
and (vi) and the substitution of the following -

No. 12 of 2001. Law Revision Miscellaneous 9 ANTIGUA
(Amendment) (No. 3) Act 2001. AND

BARBUDA

"(i) motor vehcles manufactured prior to 1st
January, 1996; $2,000

(ii) motor vehicles manufactured after
1995; $1,000

(iii) motor vehicle used tyres; $10

(vi) Electric Accumulator and parts as speci-
fied under the Customs Duties Act,
Tariff Head 85.07.001, 8507.002,
8507.009 $20

per each battery."

(c) by the insertion after item (viii) of the following -

"(ix) vacuum cleaners, floor polishers,
kitchen waste disposers, food grinders
and mixers, storage immersion and
space heaters, hair driers, irons, cool-
ers, toasters, cofee makers specified un-
der the Customs Duties Act, Tariff Head
8509.10-8509.809,8516.10- 8516.80,
but excluding Tariff Head 85 16.50 and
8516.601 - 8516.609; $20.00

per each electrical appliance."

(d) by the repeal of paragraph (d) and the substitution
of the following -

"For the purposes of this section, white
goods are as specified under the Customs
Duties Act, Tariff Heads - 85 18.69,8422.10
- 8422.19,8450.10 - 8450.209,845 1.10 -
8451.80,84516.50 and 8516.601 -8516.609."

(e) by the insertion after subsection 8B (2) the follow-
mg -

(3) The Minister may, by Order published
in the Gazette -

(a) vary the list of goods exempted
from the levy under this Act;

ANTIGUA 10 Law Revision Miscellaneous No. 120f2001.
AND (Amendment) (No. 3) Act 2001.

BARBUDA

(b) exempt any goods from the pay-
ment of the levy."

Passed the House of Representatives this Passed the Senate this 23rd day
2nd day of August, 2001. of August, 200 1.

B. Harris,
Speaker.

L. Smith,
Vice-President.

S. Walker, S. Walker,
Clerk of the House of Representatives. Clerk of the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Donovan Southwell, Government Printer

- By Authority, 200 1.
800- 8.01 [Price $4.351

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