T&T Free Zones copy
TRINIDAD AND TOBAGO FREE ZONES ACT
CHAPTER 81:07
Current Authorised Pages
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(inclusive) by L.R.O.
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Act
19 of 1988
Amended by
6 of 1989
6 of 1991
33 of 1995
200/1996
201/1996
4 of 1997
15 of 2004
13 of 2010
61/2011
2 of 2013
55/2013
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Note on Subsidiary Legislation
The following Orders, viz:
(a) Trinidad and Tobago Free Zones (Designation) Orders made under
section 3 of the Act; and
(b) Trinidad and Tobago Free Zones (Approved Enterprises) Orders
made under section 15 of the Act,
have been omitted.
For references to the above Orders—See the Current Edition of the Consolidated
Index of Acts and Subsidiary Legislation.
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CHAPTER 81:07
TRINIDAD AND TOBAGO FREE ZONES ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
PRELIMINARY
2. Interpretation.
3. Designation of free zones.
4. Approved activities.
PART II
FUNCTIONS AND RESPONSIBILITIES OF
THE COMPANY
5. Board of Directors.
6. Functions of the Company.
6A. Approved enterprise may manage a free zone.
7. Transfer of property.
8. Funds and resources of the Company.
9. Borrowing powers.
10. Power to invest funds.
11. Power to delegate.
12. Accounts and audit.
13. Annual reports.
14. Bye-laws.
PART III
OPERATIONS WITHIN A FREE ZONE
15. Approval of enterprise to undertake approved activity.
16. Companies to be incorporated or registered locally.
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}
ARRANGEMENT OF SECTIONS—Continued
SECTION
17. Insurance business.
17A. (Repealed by Act No. 4 of 1997).
18. Dealing with or disposal of goods in free zones.
19. Persons not to enter free zones without permission.
20. Retail trade.
21. (Repealed by Act No. 33 of 1995).
22. Recording, marking and inspection of articles imported with
Customs duty concessions.
22A. Directors to declare interest.
23. Restriction on disposal of articles imported with Customs duty
concessions.
24. Manufacture or manipulation in a free zone.
25. Allowances for Trinidad and Tobago citizens or materials.
26. Disposal of goods abandoned in a free zone.
27. Goods not to be taken into or stored in a free zone.
27A. Goods brought from free zone into Customs territory.
PART IV
LICENCES
28. Import and export licensing.
PART V
BANKING AND FOREIGN CURRENCY ACTIVITIES
29. Banking activities.
30.
to (Repealed by Act No. 33 of 1995).
32.
PART VA
TAX RELIEF
32A. Exemption from lands and buildings taxes.
33. Exemption from tax.
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Trinidad and Tobago Free Zones Chap. 81:07 5
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SECTION
34. Profits and distributions not chargeable to tax.
34A. (Repealed by Act No. 33 of 1995).
PART VI
MISCELLANEOUS
35. Service charges and dividends subject to exchange control and
withholding tax.
36. Approved enterprises to submit returns.
37. Board of Inland Revenue may issue certificates regarding benefits.
38. Work permits.
38A. Saving and exemptions.
39. Penalty for offences not otherwise provided for.
40. Penalty for false information.
41. Revocation of an Order by the Company.
FIRST SCHEDULE.
SECOND SCHEDULE—(Repealed by Act No. 33 of 1995).
THIRD SCHEDULE.
FOURTH SCHEDULE—(Repealed by Act No. 33 of 1995).
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19 of 1988.
Commencement.
Short title.
Interpretation.
[33 of 1995].
First Schedule.
Ch. 81:01.
Ch. 69:03.
Ch. 78:01.
CHAPTER 81:07
TRINIDAD AND TOBAGO FREE ZONES ACT
An Act to provide for the establishment of free zones in
Trinidad and Tobago and for matters incidental thereto.
[28TH JULY 1988]
1. This Act may be cited as the Trinidad and Tobago Free
Zones Act.
PART I
PRELIMINARY
2. In this Act—
“approved activity” means any activity specified in the First
Schedule which may be carried on in a free zone;
“approved enterprise” means any company, corporation, firm or
individual approved by the Company to carry on an
approved activity;
“the Company” means the Trinidad and Tobago Free Zones
Company Limited, a limited liability company incorporated
under the Companies Act the shares in which shall be vested
directly or indirectly in Corporation Sole established by the
Minister of Finance (Incorporation) Act;
“Comptroller” means the Comptroller of Customs and Excise as
defined in the Customs Act or any Customs and Excise
Officer authorised by him;
“Customs duty” includes any tax, duty, levy or surcharge relative
to the importation of goods into, and the exportation of
goods out of Trinidad and Tobago whether imposed under
the Customs Act, or any other written law;
“Customs territory” means Trinidad and Tobago but does not
include any free zone;
“free zone” means an area designated as a free zone by or
pursuant to this Act;
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 62:01.
Designation of
free zones.
[33 of 1995
4 of 1997].
“manufacture” means the operation or process of converting
materials into a new product or article, but does not include
an operation or process which consists only of one or more
of the following:
(a) packing, wherever the packing materials may
have been manufactured or produced;
(b) dividing into lots;
(c) sorting or grading;
(d) marking; or
(e) packing into sets;
“Minister” means the Minister to whom responsibility for
Industry is assigned;
“natural gas” means petroleum in the gaseous state;
“petrochemical” means such a chemical compound or a mixture
of such compounds, substantially manufactured from
petroleum or petroleum products, as is prescribed by Order
made by the Minister under the Petroleum Act;
“petroleum” means any mixture of naturally occurring
hydrocarbons and hydrocarbon compounds.
3. (1) The President may, by Order, prescribe areas in
which a free zone may not be designated.
(2) The Minister may, by Order, on the recommendation
of the Company designate an area a free zone, and the limits of
the free zone shall be defined in the Order.
(3) The Minister may, on the recommendation of the
Company, amend the Order made under subsection (2).
(4) No area shall be designated a free zone under this
section except with the consent of the owners, and anyone having
a registered interest in the property.
(5) The Company shall cause a copy of any Order made
under this section to be delivered, as soon as possible after its
publication in the Gazette, to the Registrar General, who shall
maintain a register of such Orders.
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Approved
activities.
First Schedule.
[33 of 1995].
Board of
Directors.
Functions of the
Company.
[33 of 1995].
Ch. 78:01.
(6) The Registrar General shall be notified of any
amendment to an Order under this section and all amendments
shall be recorded on the register.
(7) An Order made under subsection (2), may take effect
at any time within a period of ninety days prior to the effective
date of the Order.
4. (1) The activities specified in Part I of the First Schedule,
shall be approved activities for the purposes of this Act.
(2) An activity specified in Part II of the First Schedule
shall not qualify as an approved activity but may be carried on in
a free zone.
(3) The Minister may by Order amend the
First Schedule.
PART II
FUNCTIONS AND RESPONSIBILITIES OF
THE COMPANY
5. The Company shall be managed by a Board of Directors
(hereinafter referred to as “the Board”).
6. (1) The Company shall—
(a) administer, control, operate and manage all free
zones and any other property which may from
time to time be vested in it under this Act;
(b) provide and maintain such services, facilities
and structures as are in its opinion necessary
or desirable for the efficient operation of any
free zone;
(c) have authority over all goods deposited or
manufactured in a free zone for the purpose of
exercising its functions under this Act, subject to
any restrictions which may be imposed by the
Comptroller under the Customs Act;
(d) permit Customs offices to be established in any
free zone and provide facilities for this purpose;
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LAWS OF TRINIDAD AND TOBAGO
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(e) make provision for adequate fencing and
enclosures to segregate a free zone from the
Customs territory;
(f) supervise, control and prescribe conditions for
the movement of persons, conveyances, vessels
and goods, into, in, and out of the free zones;
(g) approve and regulate activities which may be
carried on in a free zone; and
(h) take all necessary steps to ensure that the terms
of service and working conditions in any
approved enterprise do not fall below minimum
accepted standards in Trinidad and Tobago for
such class of enterprise.
(2) In the exercise of its functions under this Act, the
Company may—
(a) construct, maintain and operate warehouses,
factories, commercial buildings, offices,
freight-sheds, docking facilities, loading and
unloading berths, landings for loading and
unloading operations, storage facilities or
workshops, ports, piers, shipyards, or other
structures for the use of itself or other persons
and may grant contracts or concessions to other
persons for the construction or provision of any
of the said facilities;
(b) sell, rent, grant leases, sub-leases or other
interests or concessions in respect of land,
buildings or any other facility or structure
within a free zone owned by, or under the
control of, the Company on such terms and
conditions and subject to the payment of such
price, rental or other consideration as the
Company may think fit;
(c) subject to section 16, approve any company,
corporation, firm or individual as an
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Approved
enterprise may
manage a free
zone.
[33 of 1995
4 of 1997].
approved enterprise on such terms and
conditions and subject to the payment of such
fees, charges and other consideration as the
Company may think fit;
(d) import, store, exhibit, pack, unpack, re-pack,
manufacture, assemble, refine, purify, mix,
transform, operate, re-ship (whether by sea or
air), and manipulate all kinds of merchandise,
products, raw materials, containers and other
commercial goods other than those goods which
are prohibited for importation, storage, or
manufacture in a free zone;
(e) authorise with the approval of the Minister a
company incorporated or registered in Trinidad
and Tobago to carry out the operations, activities
or negotiations specified in paragraphs (a) and (d);
(f) provide water, light and power,
telecommunications and any other public
utilities or services and enter into contracts for
the supplying of the said utilities and services;
(g) develop industrial areas for the manufacture,
processing, finishing, re-packing and trans-
shipment of products;
(h) subject to section 16, enter into joint ventures
with any person for the purpose of any approved
activity; and
(i) carry on or permit to be carried on such other
activities as appear to it necessary, advantageous
or desirable for or in connection with the
exercise and performance of its functions or the
operation of a free zone.
6A. In furtherance of the functions given to the Company
under section 6(1), the Company may authorise an approved
enterprise to develop, operate and manage a free zone and
exercise any of the functions in relation thereto detailed under
section 6(2)(a), (b), (f) and (g).
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Transfer of
property.
Funds and
resources of the
Company.
[33 of 1995].
7. (1) The President may, by Order, transfer to the
Company, any property belonging to the State which is necessary
for, or useful to the Company in carrying out its functions under
this Act and such property shall vest in the Company by virtue of
the Order and without further assurance.
(2) An Order made pursuant to subsection (1) shall—
(a) specify the amount of compensation, if any,
payable to the State in relation to property so
transferred and the manner in which such
compensation shall be paid; and
(b) contain such incidental, consequential or
supplementary provisions as are necessary or
expedient for the purposes of the Order.
(3) All property vested in the Company under this Act
shall be exempt from land and buildings tax.
8. The funds and resources of the Company in relation to
the operation of a free zone shall comprise—
(a) moneys derived from rentals, leases, concessions
or other activities carried on in the free zones;
(b) sums derived from loans raised by the Company
in accordance with the provisions of this Act;
(c) moneys earned by or arising from investments
made by the Company in connection with the
operation of the free zones;
(d) such moneys as may from time to time be placed
by Parliament at the disposal of the Company
for the purposes of this Act;
(e) fees, charges or other monies received in
consideration for the grant of approval of any
approved enterprise; and
(f) such other moneys as may lawfully be paid to
the Company in respect of any matter incidental
to its powers and duties under this Act.
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Borrowing
powers.
Power to
invest funds.
Power to
delegate.
Accounts
and audit.
Annual reports.
9. (1) The Company may with the approval of the Minister
borrow money for the purpose of carrying out its functions under
this Act.
(2) The approval of the Minister may be general or
limited to a particular transaction and may be either
unconditional or subject to such conditions as he thinks fit.
10. Funds of the Company not immediately required to be
expended in the meeting of any obligations or the performance of
any functions of the Company under this Act, may be invested as
the Company thinks fit.
11. The Company may appoint employees or officers and
vest in them such functions as it may determine, but subject as
aforesaid and subject to the provisions of section 6(2)(e), the
Company may with the approval of the Minister delegate to any
person any or all of its functions under this Act.
12. (1) The Company shall—
(a) keep proper accounts and records in respect of
its operations; and
(b) prepare a statement of accounts in a form
which conforms with established commercial
accounting principles in respect of each
financial year.
(2) The accounts required to be kept pursuant to
subsection (1) shall be audited by an auditor appointed annually
by the Company.
(3) As soon as the said accounts have been audited, the
Company shall send the statements of its accounts referred to in
subsection (1) to the Minister, together with copies of any
reports made by the auditors on those statements or on the
audited accounts.
13. (1) The Company shall, not later than five months after
each financial year or within such further time as may in special
circumstances be allowed by the Minister, cause to be made and
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Trinidad and Tobago Free Zones Chap. 81:07 13
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Bye-laws.
Approval of
enterprise to
undertake
approved
activity.
[33 of 1995].
transmitted to the Minister, a report dealing generally with the
operations of the Company during the preceding financial year.
(2) The Minister shall cause a copy of each annual report
together with the annual statement of accounts and the auditor’s
report thereon submitted to him pursuant to section 12(3),
respectively, to be laid in Parliament.
14. The Company may, with the approval of the Minister,
make Bye-laws for all or any of the following purposes:
(a) specifying the returns and information to be
submitted to the Company by approved enterprises;
(b) prescribing and regulating the conditions for use
of a free zone and its facilities and services,
including the charges to be made for the use of
that free zone and its facilities and services;
(c) regulating, promoting or restricting the
movement of persons, conveyances, vessels and
goods in and out of a free zone;
(d) regulating vehicular traffic anywhere within a
free zone and in particular imposing speed
limits on vehicles therein;
(e) providing for security arrangements in respect
of a free zone;
(f) providing for the disposal of unclaimed property
within a free zone;
(g) prescribing any other matter or thing, whether
similar to the above or not, in respect of which
it may be expedient to make regulations for the
purpose of carrying this Act into effect.
PART III
OPERATIONS WITHIN A FREE ZONE
15. (1) An enterprise which proposes to undertake an
approved activity shall apply to the Company in writing for
permission to do so and shall submit to the Company such
documents and information as the Company may prescribe.
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Companies to
be incorporated
or registered
locally.
[33 of 1995].
Ch. 81:01.
Ch: 82:85.
Insurance
business.
[33 of 1995
15 of 2004].
Ch. 84:01.
(2) Subject to this Act, the Company may by Order
grant, subject to such terms and conditions as it thinks fit,
approval to an enterprise to undertake the approved activity
specified in its application made under subsection (1).
(3) Every Order made under subsection (2) shall specify
a date on which the relevant approved enterprise is deemed to
begin that approved activity for the purposes of this Act.
(4) On the application of an approved enterprise, the
Company may, upon such conditions as it thinks fit, amend the
date specified in an Order made under subsection (2) and
thereupon, this Act shall have effect from the date as so amended.
(5) Any person who knowingly or recklessly provides
statements or makes representations that are false or deceptive in
an application to the Company made under this section, is guilty
of an offence.
(6) In addition to any penalty that may be incurred for
an offence under this section, the Company may revoke the Order
made hereunder.
16. (1) The Company shall not grant approval for any
activity in a free zone —
(a) to any company other than a company
incorporated or registered in Trinidad and Tobago
in accordance with the Companies Act; or
(b) to any firm other than a firm registered under the
Registration of Business Names Act.
(2) An approved enterprise shall notify the Company of
any purchase, or transfer of shares in or by that enterprise, within
fourteen days of such purchase or transfer.
17. (1) The Company shall not grant approval to any person
to carry on insurance business in a free zone unless that person—
(a) is registered in Trinidad and Tobago in
accordance with the Insurance Act; or
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Trinidad and Tobago Free Zones Chap. 81:07 15
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 84:01.
Ch. 79:09.
Dealing with or
disposal of
goods in free
zones.
[6 of 1991
33 of 1995].
(b) if not so registered, has obtained the approval of
the Central Bank in respect of the particular
insurance business for which approval is sought.
(2) Any insurance company, broker, agent or sub-agent
which is in compliance with the provisions of the Insurance Act
may, with the approval of the Company establish a branch within
a free zone for the conduct of insurance business therein.
(3) An approval mentioned in subsection (2) shall be
subject to such conditions as the Company may consider necessary.
(4) All insurance business carried on in a free zone shall
be subject to any written law relating to insurance.
(5) A person granted approval under this section shall—
(a) keep such records in such forms containing such
particulars; and
(b) make such reports at such times,
as may be required by the Central Bank and shall permit the
Inspector of Financial Institutions or any person authorised by
him at all reasonable times to inspect such records and any
documentation relevant thereto.
(6) Where a person conducting insurance business
establishes a branch in a free zone pursuant to subsection (2), the
Company shall permit the Inspector of Financial Institutions or
any person authorised by him to enter that free zone for the
purpose of carrying out the inspection of records mentioned in
subsection (5).
(7) In this section “Inspector of Financial Institutions”
has the meaning assigned to it in the Financial Institutions Act.
17A. (Repealed by Act No. 4 of 1997).
18. (1) Subject to any absolute or specific prohibition imposed
by any written law, the Company and any approved enterprise shall
be entitled to import into a free zone free of Customs duty—
(a) any capital goods, spare parts for machinery,
consumer goods, raw materials, components or
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Third Schedule.
articles intended to be used for the purposes
of, or in connection with, an approved activity
including articles described in Part I of the
Third Schedule; and
(b) any of the articles specified in Part II of the
Third Schedule where the Company or the
approved enterprise, as the case may be, satisfies
the Comptroller that such articles are imported
for the construction, alteration, reconstruction,
extension or repair to the infrastructure or any
premises situated within a free zone and
including the equipping of such premises.
(2) For the purposes of subsection (1)(b), articles for
equipping premises include equipment for offices and other
ancillary facilities necessary for the proper administration of the
premises and for the health, safety, hygiene and welfare of
persons employed at such premises.
(3) The Minister may by Order amend the Third Schedule.
(4) All goods brought into a free zone shall be consigned—
(a) to the Company or to an approved enterprise and
such goods may, with the approval of the
Company, be transferred from one approved
enterprise to another or from the Company to an
approved enterprise, or from an approved
enterprise to the Company save that the goods
shall be used for, or in accordance with the
approved activity of the recipient approved
enterprise or by the Company;
(b) without prejudice to section 29, to a bank acting
on behalf of any party to a transaction involving
the Company or an approved enterprise.
(5) The Company may take such steps as it deems
necessary to preserve goods within a free zone, whether by
moving such goods from one place to another or by storing such
goods, and where any expenses are incurred by the Company in
so doing, the owner or consignee of such goods shall reimburse
the Company for any expenses so incurred.
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Trinidad and Tobago Free Zones Chap. 81:07 17
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 78:01.
Persons not to
enter free zones
without
permission.
(6) Subject to this Act, goods brought into a free zone
pursuant to this section may—
(a) unless otherwise directed by the Company, be
stored, sold, exhibited, broken up, packed,
unpacked, assembled, distributed, sorted,
graded, cleaned, marked, re-marked, loaded,
unloaded, reloaded, divided, mixed, separated,
or otherwise manipulated;
(b) be worked, processed or re-processed or
otherwise manipulated or manufactured;
(c) subject to any written law pertaining thereto, be
destroyed; or
(d) subject to subsections (7) and (8), be removed
from a free zone or sent into the Customs territory,
whether as originally packaged or otherwise.
(7) Where any goods which are dutiable on entry into the
Customs territory, whether in their original condition or after
manufacture or as part of or an ingredient of any goods
manufactured in a free zone, are sent from a free zone into the
Customs territory, such goods shall be subject to the Customs Act
and, if such goods are intended to be disposed of in the Customs
territory, they shall not be removed from a free zone until the
Comptroller is satisfied that all import restrictions relevant thereto
have been complied with and all duties and taxes payable in
connection with the importation thereof into the Customs territory
have been paid or security given therefor to his satisfaction.
(8) Samples of goods may be displayed in a free zone
but shall not be taken into the Customs territory without payment
of or without an undertaking satisfactory to the Comptroller for
the payment of the relevant duty.
(9) Subsection (8) does not apply to goods which to the
satisfaction of the Comptroller are of no commercial value.
19. (1) No person shall enter, remain in or reside in any free
zone without the prior permission of the Company.
(2) Any person who contravenes subsection (1) commits
an offence and is liable on summary conviction to a fine of one
thousand dollars or to imprisonment for six months.
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Retail trade.
[33 of 1995].
Recording,
marking and
inspection of
articles
imported with
Customs duty
concessions.
[33 of 1995].
Ch. 78:01.
20. (1) Subject to section 18(4)(a), no retail trade shall be
conducted within any free zone without the prior approval in
writing of the Comptroller and of the Company and any approval
so granted shall be subject to such terms and conditions as the
Comptroller or the Company, as the case may be, may impose.
(2) Any person who contravenes the provisions of
subsection (1) or of any term or condition imposed pursuant to
that subsection commits an offence.
21. (Repealed by Act No. 33 of 1995).
22. (1) The Company and every approved enterprise
which imports any materials, articles or manufactured goods into
a free zone with any benefit in respect of Customs duty under this
Act shall—
(a) cause such materials, articles or goods to be
marked or otherwise identified in such manner
as may be required by the Comptroller;
(b) maintain such records in such form and
containing such particulars of the various
materials, articles or goods imported into or
exported from a free zone, or used in any
process of manufacture or manipulation which
takes place within a free zone, as may be
required by the Comptroller, in Regulations
made under the Customs Act;
(c) submit to the Comptroller at such times and in
such form and containing such particulars as
he may require, a report of receipts, deliveries
and disposal of such materials, articles or goods
and the quantity and descriptions of the
manufactured goods;
(d) permit the Comptroller at all reasonable times,
to inspect the records relating to those materials,
articles, or manufactured goods;
(e) permit the Comptroller at all reasonable times to
have access to any factory, warehouse, assembly
plant or other premises under the control of the
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Directors to
declare interest.
[33 of 1995].
approved enterprise, in order to examine any
such materials, articles or goods manufactured
therein, and to satisfy himself of the accuracy of
the particulars in relation to any such materials,
articles or goods.
(2) Where the Comptroller inspects records, materials,
articles or manufactured goods pursuant to this section and
discovers that there is a deficiency in any such materials, articles
or goods, the Comptroller shall charge the approved enterprise
the Customs duty payable on such deficiency, at the rates
prevailing at the date of discovery.
(3) Notwithstanding subsection (2), where the
Comptroller is satisfied that the deficiency was caused by
reasonable wastage or unavoidable breakage, leakage or other
accident, he shall not charge any Customs duty on the deficiency
of these goods or articles.
(4) Where the Comptroller is satisfied that duty is
payable under this section he shall request the approved
enterprise by notice in writing to pay such duty within thirty days
of the issue of the notice, and the approved enterprise shall
comply with the request.
(5) The duties of the approved enterprise under this
section and the rights of the Comptroller apply to goods
manufactured in the free zone as they apply to materials,
articles or goods imported into the free zone.
22A. (1) A Director whose interest is likely to be affected
whether directly or indirectly by a decision of the Board on any
matter whatsoever, shall disclose the nature of his interest at the
first meeting of the Board at which he is present after the relevant
facts have come to his knowledge.
(2) A disclosure under subsection (1), shall be recorded
in the minutes of the Board and after the disclosure the member
making it shall not vote on the matter and unless the Board
otherwise directs, shall not be present or take part in the
deliberations of any meeting when the matter is being discussed
or decided by the Board.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Restriction on
disposal of
articles
imported with
Customs duty
concessions.
[33 of 1995
4 of 1997].
Manufacture or
manipulation in
a free zone.
[33 of 1995
4 of 1997
2 of 2013].
(3) For the purpose of this Act, a director holds an indirect
interest in a company or undertaking where his spouse, parent,
child, brother or sister or the parent, child, brother or sister of his
spouse, holds a direct interest in that company or undertaking.
23. (1) In this section “sell” includes give away or otherwise
dispose of.
(2) Neither the Company nor an approved enterprise
may use any article imported into a free zone with any benefit in
respect of Customs duty under this Act for purposes other than
those of an approved activity.
(3) Subject to subsections (4) and (5) and section
18(4)(a), neither the Company nor an approved enterprise shall
sell any article referred to in subsection (2) for purposes other
than those of the approved activity.
(4) Notwithstanding subsection (3), in the case of an
assignment of an approved enterprise, the approved enterprise
may sell any article referred to in subsection (2) to the assignee
of the enterprise to be used in a free zone for the purposes for
which any such article was imported into that free zone.
(5) Notwithstanding subsection (3), the Company or an
approved enterprise may sell an article referred to in subsection (2)
in such circumstances, other than those referred to in subsection (4),
as the Minister may approve.
24. (1) Before any goods manufactured, assembled, mixed
or otherwise manipulated in a free zone are permitted entry into
the Customs territory, and such goods or materials used in the
manufacture or manipulation are subject to Customs duty, the
approved enterprise engaged in the manufacture or manipulation
of such goods shall obtain the written approval of the Company.
(2) Any approval under this section shall be subject to
such terms and conditions as the Company may impose, and to
such Bye-laws as may be made pursuant to this Act.
(3) Notwithstanding section 23(3), an approved enterprise
engaged in activities involving international trading in products
may, with the written approval of the Company, sell the products
20 Chap. 81:07 Trinidad and Tobago Free Zones
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UPDATED TO DECEMBER 31ST 2014
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Trinidad and Tobago Free Zones Chap. 81:07 21
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L.R.O.
which are the subject of such trading activities, into the Customs
territory, save that the approval shall be subject to such terms and
conditions as the Company may impose and to such Bye-laws as
may be made pursuant to this Act.
(4) Notwithstanding section 33(2)—
(a) before any services are permitted to be exported or
provided for any person in the Customs territory
from a free zone, the approved enterprise engaged
in the export or provision of such services shall
obtain the written approval of the Company;
(b) the proportionate part of the sales and profits of
the approved enterprise, in respect of any
services exported or provided for any person in
the Customs territory from a free zone shall be
subject to income tax, business levy, or any other
tax in respect of sales, receipts, profits or gains.
(5) Where part of the sales or profits of the approved
enterprise in respect of services are exported or provided to any
person in the Customs territory from a free zone, there shall be
allowed in computing the profits of the enterprise that are subject
to corporation tax—
(a) all of the outgoings and expenses wholly and
exclusively incurred in the provision of the
services that are provided to any person in the
Customs territory;
(b) none of the outgoings and expenses wholly and
exclusively incurred in the provision of the
services that are exported outside of the Customs
territory; and
(c) such proportion of the outgoings and expenses
that are not in respect of the services referred to
in paragraph (a) or (b) as the value of the
services provided to the Customs territory
represents as a proportion of the value of the
total services provided.
(6) For the avoidance of doubt, capital allowances shall
also be allowable in the manner prescribed in subsection (5).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(7) In computing the balancing allowance or balancing
charge under section 11(2) of the Income Tax Act on the disposal
of any plant and machinery and buildings, the amount of such
allowance or charge shall not exceed the amount allowed as a
deduction under subsection (6).
25. The President may make Regulations for the purposes of
this Act and such Regulations may prescribe allowances or
deductions which may, having regard to the extent to which
Trinidad and Tobago citizens or materials contribute to the ultimate
value of any goods, be made in assessing the Customs duty on
goods which have entered the Customs territory from a free zone.
26. (1) Where it appears to the Company that any goods or
property have been abandoned in a free zone for a period
exceeding six months, the Company may dispose of such goods
or property whether by destruction, sale or otherwise and in the
case of disposal by sale, shall apply the proceeds of such sale
against any fees or other expenses incurred in connection with
those goods or property or such disposal.
(2) Where any balance remains after the settling of the
fees and expenses pursuant to subsection (1), that balance may, if
claimed within three months of the date of the disposal, and if the
Company is satisfied that the claimant was the owner of the
goods disposed of or is entitled thereto, be paid to the claimant,
but where there is no claimant for the proceeds of any such
disposal by sale, such proceeds shall be paid into and become
part of the funds of the Company.
(3) Nothing in subsection (1) shall be construed as
authorising the sale or the disposal of any goods for use in the
Customs territory other than in such circumstances and on such
terms as the Minister and the Comptroller may approve.
27. (1) Notwithstanding any other provision contained in
this Act, the following goods shall not be taken into or stored in
any free zone:
(a) firearms and ammunition, other than by
members of the Trinidad and Tobago Police
Service or the Customs and Excise Division or
22 Chap. 81:07 Trinidad and Tobago Free Zones
LAWS OF TRINIDAD AND TOBAGO
Ch. 75:01.
Allowances for
Trinidad and
Tobago citizens
or materials.
[33 of 1995].
Disposal of
goods
abandoned in a
free zone.
Goods not to be
taken into or
stored in a
free zone.
[33 of 1995].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Trinidad and Tobago Free Zones Chap. 81:07 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Goods brought
from free zone
into Customs
territory.
[33 of 1995].
Ch. 78:01.
Ch. 75:06.
the Trinidad and Tobago Defence Force or by
security guards employed in the course of their
duties, or by such other persons as may be
authorised by the Company;
(b) petroleum, dangerous explosives, inflammable
materials, hazardous cargoes and oil fuels other
than in such quantities and on such terms and
conditions as may be prescribed or permitted by
the Company.
(2) Any person who knowingly or recklessly
contravenes this section is guilty of an offence.
27A. (1) Notwithstanding any written law to the contrary, where
goods are brought from a free zone into the Customs territory—
(a) the goods shall be deemed to be imported for
purposes of the Customs Act and the Value
Added Tax Act, at the time at which the entry of
goods under the Customs Act is effected;
(b) the goods shall be deemed to be imported for all
other purposes, at the time at which they are
brought across the boundary of a free zone into
the Customs territory; and
(c) the importation of the goods shall be deemed to
have occurred at that point on the boundary of a
free zone from which the goods are brought into
the Customs territory.
(2) Notwithstanding any law to the contrary, where
goods are brought from the Customs territory into a free zone, the
goods shall be deemed to have been exported for the purposes of
the Customs Act and the Value Added Tax Act and for the
purposes of duty drawback under the Customs Act—
(a) the time at which the export shall be deemed to
have occurred, shall be the time at which the goods
came within the boundary of a free zone; and
(b) the place of export shall be that point on the
boundary of a free zone at which the goods are
brought into a free zone.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(3) Irrespective of the manner in which they are
packaged goods shall qualify for the duty drawback referred to in
subsection (2)(a).
PART IV
LICENCES
28. (1) Approved enterprises shall not be subject to import
licensing or, where goods are being shipped other than to the
Customs territory, to export licensing.
(2) Export of goods from a free zone to the Customs
territory shall, save as otherwise prescribed by or pursuant to this
Act, be subject to the same Customs and licensing requirements
as apply to goods imported from other countries.
PART V
BANKING AND FOREIGN CURRENCY ACTIVITIES
29. (1) Subject to this section, all banking activities carried
on in a free zone shall be subject to the written laws relating to
banking and exchange control.
(2) Any bank registered under the Financial Institutions
Act may, with the approval of the Company and subject to
subsection (1), establish a branch within a free zone, and may at
such branch conduct normal banking business permitted under
the Financial Institutions Act.
30.
to (Repealed by Act No. 33 of 1995).
32.
PART VA
TAX RELIEF
32A. Land and buildings in a free zone, any improvements
thereto and all machinery and plant thereon, shall be exempt from
all land and buildings taxes under the Lands and Buildings Taxes
}
24 Chap. 81:07 Trinidad and Tobago Free Zones
LAWS OF TRINIDAD AND TOBAGO
Import and
export licensing.
Banking
activities.
[33 of 1995].
Ch. 79:09.
Exemption from
lands and
buildings taxes.
[33 of 1995].
Ch. 76:04.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Trinidad and Tobago Free Zones Chap. 81:07 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 25:04.
Exemption
from tax.
[33 of 1995
4 of 1997
61/2011].
Profits and
distributions not
chargeable to
tax.
[33 of 1995].
Act, and from taxes under the Municipal Corporations Act or
such other laws imposing rates or taxes on land, buildings,
improvements, plant and machinery.
33. (1) The Company and an approved enterprise engaged
in manufacturing in a free zone, or engaged in activities involving
international trading in products, including products originating in
countries which are members of the Caribbean Common Market,
shall be exempt from income tax, corporation tax, business levy,
or any other tax or levy in respect of sales, receipts, profits or
gains of the approved enterprise in the free zone.
(2) The Company and an approved enterprise engaged
in exporting services from a free zone to a territory, other than the
Customs territory shall be exempt from income tax, corporation
tax, business levy, or any other tax or levy, on sales, receipts,
profits or gains in respect of those services.
(3) The Company and an approved enterprise engaged
in the construction, sale, lease, rental and management of a free
zone, as an approved activity, shall be exempt from income tax,
corporation tax, business levy, or any other tax or levy in respect
of sales, receipts, profits or gains arising from the approved
activities in the free zones.
(4) An approved enterprise shall keep proper accounts
in respect of its operations in a free zone.
(5) Where the Company or an approved enterprise
undertakes an approved activity in a free zone, it shall keep
separate accounts in respect of that activity.
(6)
(7)
34. (1) Profits of a branch, dividends and other distributions
arising from activities in the free zone, remitted or deemed to be
remitted by the Company or an approved enterprise to a non-
resident shall not be subject to withholding tax.
(2) A distribution made out of profits or gains of the
Company, or an approved enterprise during a ten-year period
(Deleted by 61/2011).}
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
commencing on the effective date of an Order made under
section 15, and remitted or deemed to be remitted to the Customs
territory by the Company or an approved enterprise, shall not be
subject to income tax.
(3) No limitation shall apply to the time within which
the dividends or distributions referred to in subsection (2) are
payable, save that separate accounts shall be maintained by the
approved enterprise to the satisfaction of the Board of Inland
Revenue, showing the dividends or other distributions made by
the approved enterprise, during the said ten-year period ending
with the payment of the last dividend payable out of the profits or
gains accruing during that period.
(4) Nothing in this Act shall exempt any person from
liability to value added tax on the supply of services from the
Customs territory to the free zone.
34A. (Repealed by Act No. 33 of 1995).
PART VI
MISCELLANEOUS
35. (1) Service charges and dividends payable to an
approved enterprise by organisations operating in the
Customs territory shall be subject to the Exchange Control
Act and when paid to withholding tax under the Income Tax
Act as though remitted abroad.
(2) Subsection (1) shall not apply to service charges in
respect of the services referred to in Item 12A of Schedule 2 of
the Value Added Tax Act.
36. Every approved enterprise shall submit to the Company
at such intervals as may be prescribed, such statistical data and
such information and returns in relation to their sales and
purchases and other operations as the Company may require or as
may be prescribed.
37. The Board of Inland Revenue may certify in such form
as may be prescribed the fiscal benefits enjoyed by an approved
enterprise under this Act in order that such certificate may be
26 Chap. 81:07 Trinidad and Tobago Free Zones
LAWS OF TRINIDAD AND TOBAGO
Service charges
and dividends
subject to
exchange
control and
withholding tax.
[2 of 2013].
Ch. 79:50.
Ch. 75:01.
Ch. 75:06.
Approved
enterprises to
submit returns.
Board of Inland
Revenue may
issue certificates
regarding
benefits.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Trinidad and Tobago Free Zones Chap. 81:07 27
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L.R.O.
produced by the approved enterprise to the fiscal authorities of
any other country in which the approved enterprise may be liable
to suffer taxation.
38. (1) A person who is a foreign national or Commonwealth
citizen employed by the Company or by an approved enterprise
established in any free zone shall not, by virtue only of such
employment, be exempt from the Immigration Act, but the
Minister responsible for the administration of that Act shall, in
considering applications by or on behalf of such a person, have
regard to the need to facilitate the operations of the free zone.
(2) Where a person referred to in subsection (1) is
employed by an approved enterprise, he and that enterprise shall
be exempt from such provisions of the Immigration Act as
authorise or require the payment or imposition of fees in relation
to the grant of a work permit to him.
(3) The Foreign Investment Act, shall not apply to—
(a) a person seeking to register a company to be
established in a free zone as an approved
enterprise; or
(b) an investment in an approved enterprise
established in a free zone or the holding of an
interest in land in a free zone.
(4) The Customs Act shall have effect in a free zone,
unless varied or excluded by this Act, and in the event of conflict
between the provisions of the Customs Act and this Act, the
provisions of this Act shall prevail.
38A. (1) The amendments made to this Act by the Trinidad
and Tobago Free Zones (Amendment) Act, 1995 (hereinafter
referred to as “the Amending Act”) shall not prejudice the
existing approved enterprises approved prior to the coming into
force of the Amending Act, and all existing rights of those
approved enterprises shall remain in force.
(2) Any Orders, Bye-laws or Regulations made under
this Act subsequent to the coming into force of the Amending
Act, may exempt an approved enterprise from the application of
such Orders, Bye-laws or Regulations.
Work permits.
[6 of 1991
33 of 1995
4 of 1997].
Ch. 18:01.
Ch. 70:07.
Ch. 78:01.
Saving and
exemptions.
[33 of 1995].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
39. A person guilty of an offence under this Act is, unless
some other penalty is specifically provided for any such offence,
liable on summary conviction to a fine of twenty-five thousand
dollars and to imprisonment for twelve months.
40. (1) A person who—
(a) makes a false statement or representation;
(b) declares any false returns; and
(c) keeps or prepares false accounts,
in respect of any fiscal benefits created under this Act, is guilty
of an offence, and is liable on summary conviction to a fine of
eight thousand dollars and to imprisonment for three years.
(2) The Minister may revoke an Order made under
section 3, or section 15 where a person is found guilty of an
offence under subsection (1).
(3) Every approved enterprise which contravenes section 22
and every director, manager, agent or officer of that approved
enterprise who is knowingly a party to that contravention commits an
offence and is liable on summary conviction to a fine of ten thousand
dollars and to imprisonment for twelve months.
(4) Every approved enterprise which contravenes
sections 18(7) and 23 and every director, manager, agent and
officer of that approved enterprise who is knowingly a party to that
contravention commits an offence and is liable on summary
conviction to a penalty three times the value of the article in respect
of which the contravention occurred and, to imprisonment for
twelve months in addition to any penalties that may be imposed
under the Customs Act.
(5) Any approved enterprise which fails to comply with
the terms and conditions of an Order made by the Company, is
guilty of an offence, and is liable on summary conviction to a fine
of ten thousand dollars.
(6) Any approved enterprise which contravenes any
Bye-law made under this Act in relation to section 24, is guilty of
an offence and is liable on summary conviction to a penalty equal
to three times the value of the article in respect of which the
contravention occurred.
28 Chap. 81:07 Trinidad and Tobago Free Zones
LAWS OF TRINIDAD AND TOBAGO
Penalty for
offences not
otherwise
provided for.
[33 of 1995].
Penalty for false
information.
[33 of 1995].
Ch. 78:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Trinidad and Tobago Free Zones Chap. 81:07 29
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Revocation of
an Order by the
Company.
[33 of 1995].
(7) Any person who contravenes any Bye-law made
under this Act and published in the Gazette shall be guilty of an
offence and liable on summary conviction to a fine of ten
thousand dollars and to imprisonment for twelve months.
41. (1) The Minister may, by Order published in the
Gazette, on the recommendation of the Company, revoke an
Order made under section 3(2)—
(a) upon a request made to the Company by an
approved enterprise for revocation of the Order;
(b) where it appears to the Company that an
approved enterprise has abandoned its premises
in a free zone for a period exceeding six months
and the Company has dealt with any goods or
property therein in accordance with section 26,
and the Company makes recommendations in
that behalf; or
(c) as a consequence of section 40(2).
(2) The Company may, by Order published in the
Gazette, revoke an Order made under section 15(2)—
(a) upon revocation of an Order made by the
Minister under subsection (1);
(b) upon a request made to the Company by an
approved enterprise for revocation of an Order
made under section 15(2); or
(c) where it appears to the Company that an
approved enterprise has abandoned its premises
in a free zone for a period exceeding six months,
and the Company has dealt with any goods or
property therein in accordance with section 26; or
(d) as a consequence of section 15(6).
(3) Where the Minister is satisfied that an approved
enterprise has persistently contravened the provisions of this Act
or any Bye-laws made under it, or any terms and conditions
included in an Order made under section 15(2), he shall, by
notice in writing, require the approved enterprise, within thirty
days of service of the notice, to show cause why the Order should
not be revoked.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
30 Chap. 81:07 Trinidad and Tobago Free Zones
LAWS OF TRINIDAD AND TOBAGO
(4) Where the approved enterprise fails to provide a
reasonable explanation to the Minister for contravention of the
Act or its Bye-laws, the Minister may by Order published in the
Gazette revoke the Order.
(5) Subject to subsection (6), where an Order has been
revoked under subsection (1), (2) or (4), or under section 15(6) the
approved enterprise is liable to pay Customs duty and value added
tax on goods imported into or manufactured in the free zone—
(a) on the value of these goods; and
(b) at the rates prevailing, at the date of the
revocation of the said Order.
(6) Where an Order has been in force for more than five
years and is revoked under subsection (1), (2) or (4) no Customs
duty or value added tax shall be payable in respect of items
imported under section 18, after the expiration of more than five
years from the date on which such items were imported.
(7) The Company shall cause a copy of any Order made
under subsection (1), to be delivered as soon as possible after its
publication in the Gazette, to the Registrar General who shall
enter it in the register maintained in accordance with section 3.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
Section 4.
[33 of 1995
200/1996
13 of 2010
55/2013].
FIRST SCHEDULE
PART I
PRESCRIBED ACTIVITIES WHICH MAY BE CARRIED
ON IN A FREE ZONE
(1) Warehousing and storing.
(2) Manufacturing operations.
(3) Trans-shipment operations.
(4) Loading and unloading operations.
(5) Exporting.
(6) Importing.
(7) Service operations, including banking, insurance and
professional services.
(8) Packaging and shipping.
(9) Assembling.
(10) Processing, refining, purifying and mixing.
(11) Merchandising, including international trading in products.
(12) Constructing, altering, reconstructing, extending or
repairing infrastructure or premises situated within a free
zone and including the equipping of such premises.
(13) Sale, lease, rental or management of free zone land,
infrastructure, premises, plant, equipment facilities and services.
(14) Shared support services which include the processing of
payments through wire transfers, loan adjudication and
fulfilment, operational advice, database management, human
resource management support, reconciliations, collections from
delinquent customers, the rolling out of operational projects,
internal legal advice, and credit card processing.
PART II
ACTIVITIES WHICH MAY BE CARRIED ON IN A
FREE ZONE BUT DO NOT QUALIFY AS
APPROVED ACTIVITIES
1. Exploration for and production, extraction, refining, processing,
purifying, liquefying, mixing, blending, storing, loading and unloading or
trans-shipment of petroleum or natural gas.
2. Any production activity in which petroleum, natural gas or
petrochemicals are a major input, even if used as a fuel.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
32 Chap. 81:07 Trinidad and Tobago Free Zones
LAWS OF TRINIDAD AND TOBAGO
Section 18.
[33 of 1995
201/1996].
SECOND SCHEDULE
(Repealed by Act No. 33 of 1995)
THIRD SCHEDULE
PART I
ARTICLES WHICH, SUBJECT TO SECTION 18, MAY BE
IMPORTED INTO A FREE ZONE FREE OF
CUSTOMS DUTY
Packaging material, intermediate goods, and sub-assembly goods to be
used in manufacturing, processing, refining, assembly, purifying, mixing, or
otherwise transformed by enterprises in the free zone.
Goods entered for trans-shipment or repackaging, labelling or warehousing.
PART II
ARTICLES WHICH, SUBJECT TO SECTION 18(1)(b),
MAY BE IMPORTED INTO A FREE ZONE FREE
OF CUSTOMS DUTY
Building materials including tools, pipes, pumps, conveyor belts, electronic
and electrical machinery, and goods and machinery incidental to the setting up
of an enterprise in the free zone.
Other apparatus and materials necessary for construction, alteration,
extension or repairs to premises.
FOURTH SCHEDULE
(Repealed by Act No. 33 of 1995)
UNOFFICIAL VERSION
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