Customs Duty (Merck, Sharp and Dohme) Remission Order 2005
CUSTOMS DUTY (MERCK, SHARP AND DOHME) REMISSION
ORDER 2005

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BR 5 / 2005

CUSTOMS DUTY (SPECIAL REMISSION) ACT 1951

1951 : 27

CUSTOMS DUTY (MERCK, SHARP AND DOHME) REMISSION
ORDER 2005

The Minister Finance, in exercise of the powers conferred by
section 2 of the Customs Duty (Special Remission) Act 1951, makes the
following Order:

Citation
1 This Order may be cited as the Customs Duty (Merck, Sharp and
Dohme) Remission Order 2005.

Interpretation
2 In this Order —

"companies" means

(a) the company incorporated in Bermuda under the name
of Merck, Sharp and Dohme (International) Limited in
pursuance of the Merck, Sharp and Dohme
(International) Act 1956;

(b) the company incorporated in Bermuda under the
Companies Act 1981 formerly known as Merck, Sharp &
Dohme (Ireland) and now known as MSD Overseas
Manufacturing Co. by virtue of the issuance of a

CUSTOMS DUTY (MERCK, SHARP AND DOHME) REMISSION
ORDER 2005

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certificate of incorporation on change of name by the
Registrar of Companies on 21 August 1997;

(c) the company incorporated in the United States of
America in the State of Delaware pursuant to the
Delaware Code 1953 under the name of Merck and
Company Incorporated and granted a permit pursuant
to sections 134 and 136 of the Companies Act 1981 on
24 October 1991 to engage in or carry on any trade or
business in or from within Bermuda; and

(d) direct and indirect subsidiaries of the parent company
Merck & Co. Inc., incorporated in New Jersey in the
United States of America that are able to carry on
business in Bermuda;

"exempted goods" means any equipment, plant, materials,
supplies or goods imported by the companies free of import
duty by virtue of paragraph 3.

Exemption from import duty
3 The companies are exempted from the payment of import duty in
respect of the importation into Bermuda by the companies of any
equipment, plant, materials, supplies and goods —

(a) which are for use directly and solely for the purpose of
the manufacture, warehousing and exporting of
chemical, pharmaceutical, proprietary, biological,
medicinal and other products and goods, wares and
merchandise or which are general sundries dealt with by
druggists and pharmacists for the purpose of packing,
bottling, boxing or otherwise enclosing the said products
or goods, or which are for the erection and operation of
factories, laboratories, stores, workshops, warehouses
and business places for any of the said purposes;

(b) which either are consigned to the companies in any
location in Bermuda or are consigned to or by the
companies and are in transit through any seaport or
airport in Bermuda; and

(c) which are either—

(i) the property of the companies, or for the time
being hired by the companies, or for the time
being loaned to the companies; or

CUSTOMS DUTY (MERCK, SHARP AND DOHME) REMISSION
ORDER 2005

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(ii) the property of any third party situated outside
Bermuda intended either for any of the purposes
mentioned in sub-paragraph (a) or, being
articles of a similar nature, for export by the
companies.

Exemption from export duty
4 The companies are exempted from the payment of export duty in
respect of the exportation of exempted goods, provided the exempted
goods are exported directly out of Bermuda by the companies.

Expiration
5 This Order shall cease to have effect five years after the
commencement date, but in respect of exempted goods which have been
imported free of import duty into Bermuda by virtue of paragraph 3,
import or export duty does not fall to be paid by reason only that this
Order has ceased to have effect.

Commencement
6 This Order shall come into operation on the 8th day of July
2005.

Made this 11th day of March, 2005

Minister Finance