Retail Shops (Temporary Customs Duty Relief for Capital Investments) Act 2008
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
BERMUDA
2008 : 13
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
Date of Assent: 25 March 2008
Operative Date: 1 April 2008
ARRANGEMENT OF SECTIONS
1 Short title
2 Interpretation and application
3 Applications for approval of
schemes
4 Minister may grant or refuse
approvals
5 Applicants to be informed of
outcome
6 Customs duty relief
7 Administration of relief
8 Duties of claimants for relief
9 Cancellation of approvals
10 Customs duty where duty-
relieved goods are disposed of
11 Offence: failing to comply with
requirement, etc.
12 Offence: false information, etc.
13 Other offences
14 Penalties and forfeitures
15 Offences by corporations
16 Amendment of Schedule
17 Commencement
18 Consequential amendments
SCHEDULE
WHEREAS it is expedient to establish temporary arrangements
for granting relief from customs duty in connection with capital
investment in retail shops:
1
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
2
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1 This Act may be cited as the Retail Shops (Temporary Customs
Duty Relief for Capital Investments) Act 2008.
Interpretation and application
2 (1) This Act shall be construed as one with the Customs Tariff
Act 1970 and accordingly, any expression used in this Act that is used in
that Act has the meaning in this Act that it has in that Act unless the
contrary is expressed or implied.
(2) In this Act—
"application" means application for an approval;
"approval" means approval under section 4 and "approve" has a
corresponding meaning;
"Collector" means the Collector of Customs;
"Customs Tariff" means the rates of duty and other provisions
specified in the seven Schedules to the Customs Tariff Act
1970, as having effect under that Act;
"import" means import into Bermuda;
"Minister" means the Minister of Finance;
"planning permission" has the meaning assigned to that
expression by section 1 of the Development and Planning Act
1974;
"relief" means the relief from customs duty described in section
6;
“retail” means to sell goods or merchandise in small parcels and
not in gross, as in wholesale transactions;
“retailer” means a seller of goods or merchandise in small parcels
and not in gross;
"scheme" means a capital investment project for a retail shop
that began after the date that this Act comes into operation;
"statutory period", in relation to goods in respect of which relief
has been granted, means the three years beginning on the
day of the coming into force of this Act.
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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Applications for approval of schemes
3 (1) A retailer may apply to the Minister for a scheme to be
approved in respect of his or her retail shop.
(2) An application shall be made in writing and shall furnish
such information as the Minister may require.
(3) Requirements made under subsection (2) may differ as
between different applications.
Minister may grant or refuse approvals
4 (1) The Minister may grant or refuse the approval of a scheme,
or may grant approval subject to such conditions as he or she may
specify in the approval.
(2) The Minister shall refuse an approval if he or she
determines that it is not in the public interest that an approval should be
granted.
(3) The Minister need not give any reasons for granting or
attaching conditions to or refusing an approval.
(4) The decision of the Minister to grant an approval, or to
grant an approval subject to conditions, or to refuse an approval, is final
and is not subject to any appeal.
Applicants to be informed of outcome
5 As soon as the Minister has determined an application under
section 4, he or she shall notify the applicant in writing of the approval
or approval subject to conditions or refusal, as the case may require.
Customs duty relief
6 (1) The customs duty on goods to which an approval applies is
0% ad valorem notwithstanding that a different rate of duty may be
prescribed in the First Schedule to the Customs Tariff Act 1970.
(2) Goods to which an approval applies must be those goods of
the Bermuda Nomenclature that are listed in the Schedule.
(3) If any question arises in any case as to the scope or
meaning of any term used or provision made in the Schedule, that
question shall be decided by the Minister and the decision shall be final
and not subject to any appeal.
Administration of relief
7 (1) Subject to this Act, relief may be made available to an
entitled person by such administrative methods and procedures as the
Collector may establish.
(2) Relief shall not be made available in respect of goods—
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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(a) except in response to a claim in writing; and
(b) unless, subject to subsection (3)—
(i) the goods are imported on or before 31 March
2011; and
(ii) the claim is received by the Collector not later
than one calendar month after that date, or
such later date as the Minister may allow.
(3) The Minister may by an order made under this subsection
delete the date from subsection (2)(b)(i) and substitute a different date.
(4) An order made under subsection (3) is subject to the
affirmative resolution procedure.
(5) In this section "entitled person" means a person referred to
in section 8(1).
Duties of claimants for relief
8 (1) Either of the following persons may claim relief in respect of
goods, namely,—
(a) the retailer in question himself or herself; or
(b) a person in Bermuda, who supplied the goods to the
retailer.
(2) A person who will be making a claim for relief by virtue of
subsection (1)(b) shall make himself known to the Collector as soon as
may be so that the requirements of this section may be fulfilled in
relation to him or her.
(3) The Collector may give to every retailer for whom a scheme
has been approved and to every person who will be making a claim for
relief by virtue of subsection (1)(b), such reasonable directions as the
Collector deems necessary for the purpose of ensuring that relief is made
available to persons entitled to relief and is not enjoyed by others; and a
person to whom such a direction is given shall comply with the direction.
(4) A retailer for whom a scheme has been approved shall,
whenever so required by the Collector during the period beginning, in the
case of a retailer, on the day he or she ordered, imported or purchased
the goods and, in any other case, on the day the person in question
ordered or imported the goods and ending six months after the
expiration of the statutory period, permit the Collector or any person
authorised by him or her for that purpose, to inspect the shop premises
or as the case may be, the goods to which the approved scheme applies.
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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Cancellation of approvals
9 (1) The Minister may cancel an approval under this section in
case of fraudulent or deceitful conduct on the part of the retailer or for
other good reason, in respect of any application.
(2) Before the Minister cancels an approval under this section,
the Minister shall—
(a) give the retailer in question notice in writing of the
reason why he or she is minded to cancel the approval;
and
(b) afford the retailer an opportunity to make objection in
writing within the period of 14 days after receipt of the
notice; and
(c) take any such objection into account,
and, if the Minister thereafter decides to cancel the approval, he or she
shall cause an order cancelling the approval to be served on the retailer.
(3) An order cancelling an approval takes effect on the date on
which it is served under subsection (2).
(4) Such an order is final for all purposes and is not subject to
any appeal.
Customs duty where duty-relieved goods are disposed of
10 (1) Where a person intends, within the statutory period, to
dispose of goods to any other person, being goods in respect of which
relief has been made available to any person under this Act, then that
first-mentioned person shall—
(a) inform the Collector of his or her intention prior to the
disposal, and thereafter comply with any directions that
the Collector may give him or her in writing as to the
furnishing of information about the disposal; and
(b) prior to the disposal pay to the Collector by way of duty
an amount equal to the duty which would be payable in
respect of the goods if they were then being imported,
reduced by the net amount of duty that was paid in
respect of the goods.
(2) Subsection (1)(b) does not apply in relation to a disposal
arising by reason that the retail premises in question are sold to a
purchaser or leased to a tenant, being a purchaser or tenant who is a
retailer.
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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Offence: failing to comply with requirement, etc.
11 If a person fails without reasonable excuse (the proof of which is
upon him or her) to comply with a requirement or direction made or
given to him or her under this Act by the Collector, he or she commits an
offence against this section.
Offence: false information, etc.
12 If a person—
(a) in relation to an application makes to the Minister any
statement, or otherwise under this Act supplies to the
Minister or the Collector any information which that
person knows to be false or does not believe to be true;
or
(b) without reasonable excuse (the proof of which is upon
him or her) fails to disclose to the Minister or the
Collector any information which that person knows or
believes, or ought reasonably to know or believe, that he
or she is expected to supply pursuant to a requirement
made of him or her under this Act,
he or she commits an offence against this section.
Other offences
13 If a person fails to comply with a duty or prohibition
imposed upon him or her under section 8(4) or section 10(1), he or she
commits an offence against this section.
Penalties and forfeitures
14 (1) A person who commits an offence against section 11 is
liable to forfeit a penalty not exceeding the level 3 amount.
(2) Subject to subsection (3), a person who commits an offence
against section 12 or 13 is liable to forfeit a penalty of the level 4
amount.
(3) Where duty is lost to the Revenue as a result of an offence
having been committed against section 12 or 13, the person who
commits the offence is liable to forfeit a penalty of the level 4 amount or
give five times the amount of the duty lost to the Revenue by reason of
the commission of the offence, whichever is the greater amount.
(4) Sections 110, 111, 112, 114 and 115 of the Revenue Act
1898 apply with necessary modifications in relation to penalties and
forfeitures under this section as those provisions apply in relation to
penalties and forfeitures under that Act.
(5) Subsection (4) is without prejudice to the application in
relation to penalties and forfeitures under this section of any other
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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provision of the Revenue Act 1898 that is also applicable in relation to
those penalties and forfeitures according to the tenor of that provision.
(6) Any offence against this Act is triable by a court of
summary jurisdiction.
Offences by corporations
15 Where an individual who has committed an offence against this
Act was at the time he or she committed the offence a director, manager,
secretary or other similar functionary of a body corporate and committed
the offence in that capacity, then the body corporate also commits the
offence and is liable to be proceeded against and punished accordingly.
Amendment of Schedule
16 The Minister may by order subject to the negative resolution
procedure amend the Schedule to this Act.
Commencement
17 This Act shall come into operation on 1 April 2008.
Consequential amendments
18 Section 84A(5) of the Revenue Act 1898 is amended—
(a) in paragraph (l) by deleting “and”;
(b) in paragraph (m) by deleting “.” and substituting “; and”;
and
(c) by inserting the following paragraph next after
paragraph (m) —
“(n) Retail Shops (Temporary Customs Duty Relief
for Capital Investments) Act 2008.”.
SCHEDULE (section 6)
GOODS OF THE BERMUDA NOMENCLATURE TO WHICH AN
APPROVAL APPLIES
Goods of Heading 32.08
Goods of Heading 32.09
Goods of Heading 35.06
Goods of Heading 39.17
Goods of Tariff Code 3925.200
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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Goods of Heading 44.08
Goods of Heading 44.09
Goods of Heading 44.10
Goods of Heading 44.11
Goods of Heading 44.12
Goods of Heading 44.14
Goods of Tariff Code 4418.100
Goods of Tariff Code 4418.200
Goods of Tariff Code 4418.710
Goods of Tariff Code 4418.720
Goods of Tariff Code 4418.790
Goods of Chapter 57
Goods of Heading 68.02
Goods of Heading 68.08
Goods of Heading 68.09
Goods of Tariff Code 6810.110
Goods of Tariff Code 6810.190
Goods of Heading 70.05
Goods of Tariff Code 7007.190
Goods of Tariff Code 7007.290
Goods of Tariff Code 7009.910
Goods of Tariff Code 7009.920
Goods of Tariff Code 7306.900
Goods of Tariff Code 7308.300
Iron or steel shelving and shelving system
parts of tariff code 7308.909
Goods of Heading 73.17
Goods of Heading 73.18
Goods of Tariff Code 7322.900
Drop ceiling grid main Ts, cross Ts, wall
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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angle and hanger wire of Heading 73.26
Goods of Heading 74.15
Goods of Tariff Code 7610.100
Goods of Tariff Code 7610.909
Goods of Tariff Code 8302.100
Goods of Tariff Code 8302.200
Goods of Tariff Code 8302.410
Goods of Tariff Code 8302.420
Goods of Tariff Code 8302.490
Goods of Tariff Code 8302.500
Goods of Tariff Code 8302.600
Goods of Heading 83.03
Filing cabinets of Heading 83.04
Goods of Tariff Code 8306.300
Goods of Heading 83.07
Goods of Tariff Code 8415.100
Goods of Tariff Code 8415.810
Goods of Tariff Code 8415.820
Goods of Tariff Code 8415.830
Goods of Tariff Code 8418.500
Goods of Tariff Code 8517.110
Goods of Tariff Code 8517.120
Goods of Tariff Code 8517.180
Goods of Tariff Code 8517.610
Goods of Tariff Code 8517.620
Goods of Tariff Code 8517.690
Goods of Tariff Code 8518.100
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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Goods of Tariff Code 8518.210
Goods of Tariff Code 8518.220
Goods of Tariff Code 8518.290
Goods of Tariff Code 8518.300
Goods of Tariff Code 8518.400
Goods of Tariff Code 8518.500
Goods of Tariff Code 8525.800
Goods of Tariff Code 8531.100
Goods of Tariff Code 8531.200
Goods of Tariff Code 8531.800
Anti-theft tags of Tariff Code 8531.900
Goods of Tariff Code 8535.210
Goods of Tariff Code 8535.300
Goods of Tariff Code 8535.400
Goods of Tariff Code 8535.900
Goods of Tariff Code 8544.200
Goods of Tariff Code 8544.490
Goods of Tariff Code 8544.700
Goods of Tariff Code 8547.900
Goods of Tariff Code 9403.100
Goods of Tariff Code 9403.200
Goods of Tariff Code 9403.300
Goods of Tariff Code 9403.600
Goods of Tariff Code 9403.700
RETAIL SHOPS (TEMPORARY CUSTOMS DUTY RELIEF FOR
CAPITAL INVESTMENTS) ACT 2008
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Goods of Tariff Code 9405.100
Goods of Tariff Code 9405.600
Goods of Heading 96.18
