AN ACT to prGylde ror tbe e5bblisluDent AIT bin jlppro~dl gbat-twaqqlr tu-

Supplimtnlla/.Gazulla Ia/-Gvtrn la' Ma/la, Nru. 15./6/, 4 la' Awmu, /989

Taqsima A

MAL TA

An Nru, XXVI ta ' 1-1989

ACT No , XXVI oll989

AiT mahrug b'ligi mill - Parla~m

AN ACf enacted by the Parliamem

of Malta.

ta' Malta ,

AN ACT to prGylde ror tbe e5bblisluDent

AIT bin jlppro~dl gbat-twaqqlr tu-

slsttrILI ta' PortiJlet Hlelsa roMalta u

of a Fl'ftport systml ID Malta IIDd to

regulate lu opentloa.

bin jlrrtJlo/a l-operaujonl tagIIba.

A

ATI' TA' L-1989 OWAR I L-PO RTUlt."T HIEI.SA TA ' MALTA

An-anpmenlla'I-Anlkoll

TAOSI MA I

Pff!limituui

ArtiJr.olu

Short title and commencement.

I asse nt .

(L.S. )

CENSU T .... HONE

4th August. 1989

ACT No. XXVI 01' 1989

AN ACT /0 pro~ide fo r /M ~fablishmtnt of a Frapo" syl/em in Mallu

and /0 r~gula/t its opera/ion.

BE IT ENACTED by the President, by and with the advice and

consent o f the House of Representatives , in this prC$Cnt Parliament

assembled. and by the authority of the same. lI$ follows: -

PART I

Preliminary

I.

(1) 111isAct may be ci ted as the Malta Freeports Act, 1989.

"""'me...,. ...... '.

(2) The provisions of this Act. other than the provisions of

this section and o f section 4 thereof. shall come into force o n such dale

as the Prime Ministe r may by notice in the Gazelle establ ish, and

different dales may be so established for different provision~ and

different purposes of Ihis Act.

2. (1)

In th is Ad. unless the context otherwise requires

"Authori ty·' means the Freepon Authori ty constituted unde r

section S of this A(,.1 ;

··body of per50ns"' means any partnership, fellowship, society

or olher associat ion of persons, whether vested wilh legal

personality or oot;

~certified public accountant and auditor" means an individual

who holds a warrant 10 act in this capacity issued unde r Ihe

Accountancy Profession Act , 1979, or a partnership o f such

individuals duly registe red undc: r the said Ad ;

Moom pany" means a limited liabil ity company consti tuted

unde r the laws of Malta and which does nOI issue shares 10 beare r;

"Comptroll er" means the Comptroller of Customs and

includes any othe r person having an expre5S or im plied aut hori ty 10

act for the said Comptroller in carrying OUI the provisions of Ihis

Act;

"customs dUly'· means d Uly charged or chargeable under tile

Im port Dut ies Act, 1976 ;

"e~cise laws" means;

th e Beer (E.>ocise Duty) Ad;

the ExciliC Duly (Crown Corks and Non-Alcoholic

Concen trates) O rdinance;

the Machine Made Cigare ttes (Excise Du ty) Act;

",' the Colour Te1evisKms (Excise Duty) Act, 1982;

MFrceport M means any area of Malta comprised within a

Freepon WIle ill accordance with the provisions of section 30ft his

A CI;

Mincome IU- means lax charged or chargeable under tbe

InoomeTaxAct

Mliccnsed compa ny" meallll a com pany licenced by the

Authority tooperate wit hin a Freepon unde r section 11 of this Act

"Mi nister" means the Ministe r responsible for Freeports;

"perwn" includes a body of pe rsons;

-prescribed" means prescribed by regulation under this Act.

(2) Any reference in this Act to any law o r provision thereof.

shall be conSlrued as a re ference to that law or provision as from time 10

time in force and shull include a refere nce to any e nactment replacing

such law o r provision (including the impositio n of any taxes whatsoever

analogous to or in subsilutio n to Ihose contained in such e nactmenl$or

provisio ns) and to any subsidiary legislation made thereunder.

(3) Words and expressions used in thi~ Ael with reference to

anothe r law shall, SO far as necess..1ry to give effect to Ihis Act , and con-

sistently wi th the provisions thereof, have the same meaning as they

have in the law with reference to whicb they are used in this Act.

(4) Any re ference in this Act 10 a criminal offence

committed abroad , o r against the law of anot he r country other tban

Malta, or to an act which if committed in Malta would be a criminal

offence against the law of Malta, shall be const rued as limited to

offences which are utraditable for the purposes of section 5 of the

Extradition Act, 1978.

(5) In this Act and in any regulations ma de thereund er, if

there is any oonnic! between the English and MalIc!\<! lellts, the English

text shall prevail .

PART "

Frttpons

J. (1) The a reas of Maha shown on the plan enrolled by th e 1).<I ... ,ionol

Secretary General of the Gove rnm ent of Mah a in the records o f the F_pons.

C hi ef Notary 10 Govern ment. Dr . Franco Pellegrini, of the 25th April,

1989. shall , for all intents and purposesoflhis A ct and o f any Olher law.

constitute Freepor1 zones. The sa id areas arc indicated in the plan

shown in the Schedule to this Act.

(2) The I' rime Min iste r ma y by Order approved by resolu-

[ion of the House o f Representatives. and publi,hed in the Gazelle.

amend the Schedule 10 Ih is Act

Provided that the provisions of secti on 27 of this Act shall

apply to any amendment 10 the Schedule whereby a ny such area ur part

thereof ceases to be a Freeport lOne;

Provided f\lrther that no land shall be incl\lded in a Frecport

unless such land shall immediately prior to its inclusion be held by

Govern ment under titl e of absolute ownership, o r be in the process o f

acquisition by Governme nt under §ueh tit le in terms of the Land

Acquisition (Public Purpose ~) Ordinance; and in the lattc r case the c.88,

provisions of section 32 of the said O rdinance shall not apply;

Provided also that .... hen: land has been included in a Frecpo rt

zone as a fo resaid it shan ve~t in the Authority by operation o f this Act.

witho ut the need of any furthe r formality, under the same title under

which it was held by the Government, and where lhe land is Still in the

process of acq uisition as aforesaid, the acquisi tion shall beoontinued by

the Gove rnme nt and on its acquisition il shan vest in the Authority by

operation o f this AC1 without the need of any further formality .

4. ( I) The provisions of the Disposal of Govern men t Land Act ,

1976, shalt not apply to apy land as defined in section 2 of the said Act

when sueh land is situated within a Freeport.

(2 ) 'The provisions of the Ca rriage of Goods by Sea ",crll

( Regulation) Act , 1980 sha ll not apply to goods lande d o r 1000ded in a '" 1'Il10.

Freeport.

PART III

Fruporf AUfhorily

5. (I) Malta Freeport Corporation Limited, a lim ited liability

company (No. C 9353) registered under the Commercial Pa rtnerships ~ tll8.

Ordinance, on the 25th day of January 1988 shall be ~med to be

constituted unde r this Act and shall constitu te the Freeport Au thority.

he rcinafter in th is AC1 referrcd to as .. the A uthority M,

(2)

All rights and obligations o f wha teve r nature of the said

M ~lta Freeport Corporation Limi ted constituted and registered under

the Commercial Parlncrships O rdinance as a foresaid. and all aets done

by the la id company shall, afte r the comi ng into force of thisseClion, be

deemed \0 be rights and obligations of. a nd acts done by. the Authority.

(3)

It shall be the dUly and function o f the Authority

(a) to administe r the affairs of Freeports with a view to

fostering the economic developme nt of Mal ta by e ncouragi ng the

establishme nt of industrial and coonom ic enterprises t he rein;

(b) to HaiM! with all Ministries and Departments of

Oovc mment and all bodies and oth er authorities established by law

in the application o f th e provisions of subsection (2) of section 6 of

Ihis Act ;

(c)

to advise Government on all mallCT$ relating 10

Freepons;

(d) to do all such ot her actus may be necessary o r oonducive

10 t he attainme nt o f any or all of the said objectives.

(4) Without prejuditc to the generailiy of the provisions of

subsection (3) of this section, the Mi nister m ~v vest the Au t horitv with

such supervisory and ellC(;uti ve powers, and may impose on the

Autho rity such conditions, obligations and restrictions as to him may

see m necessary for the proper and fruitful establishm ent , deve lopmen t ,

main tena nce. operation, management. ooDlrol a nd conservation of

Freeports.

(5) Subject 10 the olher provisions of this Act . t he Authority

shal t contin ue to be regu lated by its Memorandum and Anides of

Association. and by the Commercial Pannershi ps Ordinance,

5Ohowevcr that

(a) the Authorit y shall not be dissolved o r merged with

another company;

(b) the Authority shall not alterilS Memorandum or ANicles

of Association, unless such alceration is first approved by

rcsolution of the House of Re presentatives; and

(c) no share in the Authority shall be allotted Cllcept to the

present members of the company. and no change in owncrship of

shares in t he Authori ty carrying a right to vote in ageneral meeting

o r otherwise to appoint directors shall be effected unlc$5 such allOI-

mcnt or such cha nge is aut horised by a resol uti on o f t he Ho use of

Rcpresentatives.

(6) The Authority shall each year pu blish in the Gazelle and

in two daily newspapers in Malt a il5 Profit and Loss Account and

Bal ance Sheet, audited by a ccrtified public acoountant and auditor.

together wit h any notes thereto, by not late r than sill montlts after il5

acoounting date. Such report shall , together with a copy o f a report o f

the Board of Directors o f the Authori ty be placed by the Minister on the

Table of' the f-Iouse of Representatives. not later than two months after

they are made ; 50 however if tbe House is not in sitting on tbe lapse o f

the said two mont hs. these sha ll be laid on the Table of the House nOI

la ter Ihan o nc wee k afte r;1 nClft meets.

(1) The Authority shall afford to the Min ister full faci lit ies

for obtain ing inform ation with respect to its pro perty and activities, and

shall furni Sh him with ret urns. accoun ts and o th er information wilh

respect thereto, and afford him facil ities for the verifica tion of the

info rmatio n so furni shed in such mann er and al such times as the

Minister may request.

(8) Th e Minsi te r may, afteroonsuh ation with the Authority,

give 10 th e A uthori ty directio ns of a ge ne ral character not inconsistent

with IlIe provisions of thi s Aa, and the Autho rity shaU give effect 10 any

such d irections.

6. (1) Without prej udice 10 the generality o f the powers _ .. ofll><

conferred upon Ihe Authori ty by this Act, the Authorit y may

(a) do all such acts as may be neeessary or conduei ve to

the anai nment of the objecl ives, d uties aDd obliga tions of the

Au tho rity;

(b) enter into agreements with companies that seck to

bea)me licensed to operate in a Fr« port

(c) allocate a reas, spaces, facto ries, wharves, and any

o lhe r facility orStruct ure which may be available in a Freeport

o n such tenns as ttlc Autho rity detennines appropriate

provided that the Authority may not by title o f sale or any

othe r si milar ti tle alienate a ny immovable property si tuate

within a Freeport

(d) exe rcise, perfonn , and discharge all such powers,

dut ies and funct ions as a re by or unde r this Aet vested in o r

8$Signed o r delega ted to th e Authority;

(e) de tenni ne the re nt5, charges, dues and o ther levies

10 be paid in o r in connection wit h a ny aspect of a Freeport or

of the services and faci lities made available there under;

(r) by notice in th e Gaze tte, make ru les for the contro l

and manage ment of a Free port and all activities ca rried on

the rein o r oonnected the rewith;

(g) do all such ot he r acts as are incide ntal to or

conse quential upon the exercise. perfo nn ance and diso:harge

o f its powers, du ties. and functions un de r this Act.

(2) Th e Autllority shall notwi thstandi ng any othe r law but

subject 10 the provisio ns of this Act be the cen tre and channel wherein

and through wh ich all Ministries a nd Departments of Government and

all bodies or other aut hori ties established by law shall act in all matte rs

with respecl to aU Freeports and all acti vities related thereto. and wi th

respect to companies which are licensed, o r which seek 10 be lice nsed by

the Authori ty, and as the ce ntre and channel through which any such

compan y sha ll apply for and obtai n any pe rmit. licence or o ther

a uthorisation. o r any other thing it may require, and through which it

shall communicate with any o f the authorities a foresaid

Pro~idcd that this subsectioJl shall not be construed to mean

Ibm any investigation, inspection or other sim ilar act which any such

authority may dum expedient to have carried OUI and any information

such authority may require, for the purposoes of any of its functions

under the law. with respect to a licensed company , shall be carried OU I

or obtained by the Authority;

Provided further that this subsection shall not be construed to

derogate from the powers and duties of any Ministry. Department of

Government or any body or other authority established by law with

respect to matters relating to defence, public order and health.

(3) It shall be the duty of the Authori ty \0 carry out the

functions conferred on it by subsection (2) of this section promptly and

efficie ntly; and it shall be its particular duty 10 ensure that any act or

thing to be done by virtue of the afo resaid subsection is done to the

satisfaction of the Ministry, Department. body o r other authority for

whicb it is required to act .

7, Every agreement which the Authority e nters into under

paragraph (b) of subsection ( I) of section 6 of this Act shall be reduced

to writing. and every such agreement shall constitute a bindingoontracl

for tile pUrpGSCS of section 27 hereof.

(1) Wbe re the Authority is satisfied th at in the case of a

8. company licenced to ope rate in a Frceport il would be consistent with

the aims and objectives of the policy under which the Freeport was

constituted. the Authority may provide for tbe company industrial

bui ldings. strocturcs and land in the Freeport including, on such terms

as may be agreed , industrial buildings and structures constructed or

altered aooording to the requirments of the relative company

Provided lI'Iat immovable property in a Freeport shall not be

transferred to a licensed company under any title for a term beyond the

term of the licence, original or e~tended, of the company 10 which it is so

Iransferred and that the tit le under which any such immovable property

is transferred shall terminate automatically on the termination of the

licence of the company to which it is so transferred.

(2) The ind ust rial buildings and structures contemplated in

subsection ( 1) of this sed ion shall include especially factories.

warebouses (whether refrigerated or nOl). storage areas. sheds, tank s.

pipelines and such commercial and industrial equipment as may be

necessary.

(3) The Authority shall also make available suc h immovable

property in a Fteeport under such conditions as may be appropriate for

th e purposes of section 9 of this Act.

9. ( 1) Subject to the provisions of the applicable laws. if any, it

shall be the duty o f the Autl'lori ty to ascertain that every Freeport shall

be provided with the following utilities, that is 10 say

(a) electric power supply

(b) potable and other water

(c) postal services

(d) telecomm unications;

(e)

ban king and insurance5ervices;

(f)

fire fighting services

(g)

waste disposal arrangements;

(h)

adequate road systcms;

(i)

wharves, jcttics and other similar structures;

U) transport for goods and passengers to and from the

Freeport;

(k) security systems including adequate public lighting.

(2) Nothing in th.is section shall be dee med to impede the

Authority from procuring the provision of such other util ities as may be

required for the proper operation of any Freeport , or to exonerate it

from its duty of procuring the provision thereof.

10. (1) The Authority may, having regard to a substantial c.,"';f>co' '''

transformation achieved in the identity of goods or articles and to the <If

~.

value added th rough any processing or other operati on ca rried out in a II(ln-monipo lotion.

Freeport, release a cenificate ind icatin g that Malta is the origin of any

such goods or articles.

(2) Th e Authority ma y. where it is so satisfied, release a

certificate to the effect that any goods or articles wh ich. have been

transhipped through a Freeport have not suffered an y manipulation in

the Freeeport so as to transform thei r identity.

(3) It shall not be lawful for any person unless a certificate

has first bee n obtained from the A uthority under the provisions of this

section to indicate in any manner that:-

(a) goods or articles which have been subjected to any

process or other transform ation whatsoever in a Freeport have

Malta as their origin;

(b) any goods or anicles transhipped through a Freeport

h a~e not suffe red any manipulation in the Freepon.

PARTlY

Licensed Companies

11 . (1) The Authority may grant licences 10 companies to carry U«noed

out in a Freeport a trade or business being princi pall y

«lttIpon ....

(a) the labelling, packaging, sorting, warehousing, storage,

exhibition or assembly of any goods. materials, commodities,

equi pment , plant or machinery; or

(b) any activity concerned solely wit h the conduct of a

Freeport including, but not limited to , stevedoring, wharfage,

operation of te rminals and container handling; or

(c)

the rend eri ng of services analogous or oomplemcll lary to

the activit ies referred 10 in paragraph (a) o f this subsect ion.

and t he status as a licensed C()Illpany shall be evidenced by th e issue of a

lice n.::e for Ih is pu~ by t~ Authority.

(2) No company shall be gT1lnted a licence contemp lated by

this Act unl ess its activities are, in the opillio n o f the Authority , wtlolly

or mainly carried on or exe rci5ed within a Free port.

(3) For the purpose of subsection (2) of this section. the

following activi ties carried on or exercised o utside a Freeport by a

licensed com pany shall not be dee med to infringe the rul e therei n set

out

(a) the management and admin istration of a company, ilS

Ir~de. business or property and the holding therrof

(b) the execution o f iru;lrumenls, transactions. negotiations

or agreements relative to a company's trade or businl'$S;

(c) the Iransit of goods or othe r com modi ties to and from a

Freeport,

(4) The Authority shall have the e~cl usive right to license

compan ies 10 ope rate in a Freepon . licen-ces and the relati,'e hcnefits

shall o nly be gran ted to companies ..... hich engage in act1>'ilies that

advance the objectives o f Fruports.

12. (I) The Authority shall revoke the licence of any company

which carries on any activi ty, or has inoome accruing 10 il o r de rived by

il. which consists of o r o rigina tes from any tran5.action. op;.: ratiOfl or

olhe r acti vity which is a crim inal offence agai nst the la ..... of Malta. or

would be such an offence if ca rried ou t in Mal ta. or has recei"ed or has in

its possession or control money or o th er prope rty the recei pt.

o wnership. possession or control of which is. or would be. such an

offence as aforesa id,

(2 ) All income. money or o ther property as is referred to in

subsection (I) of Ihis section shall be liable to seizure and $hall be

forfeited in favour of Ihe Authori ty and become iu property absolulely

Provided that any pe rson ..... ishing to challenge any such seizure

o r forfei tu re may sue the Authority before the Fi rst Hall of the Civil

Court and the provisions of section 73 of the Customs Ordinance shall

apply to such an action. so OO"'e"er tha t any reference in that section to

Ihe Comptroller aod 10 the Ordinance shall be read and construed as a

refe rence to the Authority and to this Act. respecti,·ely.

13. (I) In issuing lice nces for ope rati ons in a Freeport. the

Authority sha ll ens ure that a Frcepon sllall be open to all goods.

irrcspccli"e of their nature. quantity and country o f origin. consignment

or desti nation: nor sllalJ there be any lim it of time during ..... hich goods

may be retained in a Freepon.

(2)

Not"'it hstanding the provisions of subsection (I) or this

section

(a) the Government and the Au thority shall ha"e power 10

impose such prohibitions or restrict ions as 10 Ihem may seem jU$lilied

on grounds of public morality, public pol icy or pub lic security, the

protection of human. animal or plalll healt h and life, the protection

of national treasures of artistic. historic or archaeological value. or

the protect ion o f industrial or commercial property;

(b) The Authori ty shall have power to require t hat gOCK!s

which are dangerous or likely to spoil o ther gOCK!sorwhich . for any

OTher reason whatsoever . require special faci lities , be placed in

premises specially equipped to receive them.

I ~.

(I) The AUThori ty shall not issue a licence to any compan y Rc",,,,.d

for t he purposes of section II of th is Act if the company. in The opinion opcr"ion.

of The Authority, is engaged in any operaTions connected with alcoholic

spi rits. tobacco products or those OTher commodities as the Authority

may from time to time determine by nOTice in the Gazette . unless The

relative ope raTions are condUCTed by a recognised manufacturer of the

commodiTies.

(1) The AuthoriTy shall not a llow any part of a Freeport to

he UTi li sed itS a bo nded store for customs du ty purposes in relaTion TO

goods which arc or which will be imported into Malta but outside a

FreeporT ,

(3) The Authority sh;.11 nOT issue a lice nce to any company

unlcss it is satisfied that The said company is occupying, under any title

valid "t I<lw. or is being allou.'ed by the Authority to m" ke use of

immovable properTy in a Freeport whether on its own or in conjunction

with other license'd companies.

(4) The Authority may permit any person whomsoever to

have ;!CCeSS 10 and operaTe in a Freeport. even if such person eannOT. for

any reason whatsoever, be a licensed company for the purposes of

section II of this Act if, in the opinion ort he AuthoriTY -

(a) it would be useful. necessary or conducive TO the better

develo pment or functioning of a Freeport That such person be

granted sueh access and be allo"ed to operate in the Freeport ; o r

(b)

permission and aeL'eSS as aforesaid are necessary

pur;u~m to the provisions of 'SCl1ion 9 of thi~ Act.

IS. (I) The Authority may from time to time release certifica tes Ce"ifoc.ol<'

as it may deem appropriate allesTin£ that a company. or a company in "",I fcc • •

the proce,s of formation, is, Or will be. a licensed company pursuant to

the provisions of this Act. and such certificate shall be conclusive

el'i dence for rhe purposes of section 24 and for all purposes of this ACT.

and for all related. corollary or andllary matters, \() the effect that the

~aid company is. or will t'C. so licensed.

(2) A licencing fee of Lml.OCO shall. unless otherwise

prescribed by the Mini,ter on or after the fifth annivCNlry of the

enaCTment hereof. be payable to the Authority by every company TO

whom a licence is issued pursuant to the provisions of this Att; and an

annual fee of li ke amount shall thereafTer be payable upon each

ann iversary of the company being g.ranTed a licence

Provided th al no alteration to th e lice nce fee shall have effect

befon: the e xpiration of one year from the publication of sudl allerm ion

in Ihe Gazette.

PART V

16. (I)

Suhject 10 Ihe pro~~sions afthis Act. all goods imported

in to a Freeport by a liceJlsed company or by the A uthority sha ll be

e xe mpt fromcuSlOmsduly

Provided

(a) such goods are imported exclusively for tile: ronstruclioo.

alte rat ion, reconstruction or ex tensio n of an industri al building Of

SlrUClUrc within a Frccport or for any extension thereof. Of for the

pu rpose of effe cting rcpail'S to such an industrial bllilding or

structure or t he extension therrof, or constitute equipment. spa re

parts . ma<:hi nery or plant. contained in any slIch industrial build ing

or st ructure o r extensio n the reof, or arc intended to replace a ny

eq uipmen t. machillery or plant in any such indumial building or

structure or extellsion the reof. and in all cases for the purposes o f

the Authority or o f the trade or business carried on or intended !O

be carried on by the company: or

(b) sueh goods are raw materials. oomponents. in tcmledime

products. by-products. unfi nished goods , or o ther goods imported

(or the pu rposes for which a company has bcell granted a licence by

the Authori ty under the provi!;ions of this Act .

(2) Every rompany which imports into a Frec:port any goods

(reI' o f CUStoms du ty undersubscction (I) of this seaioo sha ll

(a) keep prope r and su fficien t rerords of the goods which it

so impons: a nd

(b) pe rmit the Authority at all reaso nable times 10 inspect

the sa id records and to have access 10 any premises of the company

(or the purpose of exam ining 31lysuch goods which it may believe to

be therein and of ~ t isfying itself of the accuracy o f t he said records.

(3) Nogoods imported intoa Freepon by the Authorityorby

a lioensed rompany free of customs duty under the provi sions o f

subsection (l) o f th is section shall be SoOld. given aw ay or oth erwise

disposed of o ther than to the Authority or another licen sed company

exce pt

(a ) t hrough re-export from Ma lta. whethe r in the same stme

as whe n im poned . 01' otherwise. or. subject to such restrictions ilS

to import ation as would be appl icable had such goods been

import ed from outside Malta. by transfe r into Malta outside a

Frceporl o n the payment o f customs duty in accordafla' with the

provisio ns of subsection (6) of th is section: or

(b) in the ease of an industrial building or st ructure for the

construction, alteration. reconstruction, extension or eq uipment of

which such anicle "'as imported into a Freepon to the pe rson for

whom such indl1strial bl1ilding or structure was constructed; or

(c) in the case of materials. CQrt1ponents or acccSMJries

imported in to a Freepon for any pu~ referred to in subsectioo

(1) of section II of this Act

(i) if incorporated in the goods or commodities in

respect of which thcy were imported ; or

(ii) subject to such restrictions as to importation as

wou ld be applicabk had such gOOlb been imponed from

outside Malta. b~ transfe r into Malta outside a Freeport after

pa~ment of the amount of customs duty which ,,"o uld have

been payable upon the importat ion of such ma terials or

components but for subsection ( I) hereof.

(4) When goods imported into a Frccpon by tile Authori ty

o r by a licensed company free of customs dl1ty are sold. given away or

otherwise disposed of to the Authori ty or a licensed company in termsof

subsection (3) of this section, then such goods shall for the pUrposc$ of

this Act be deemed to have been imponed by the Authori ty or by the

company to which they are sold. given awa~ or otherwise disposed,

(5 ) Subject to such condi tions and the giving of such securi ty

as he may de lermi ne, the Comptroller shall

(a ) allow any goods destined for a Frccpon to be landed in

Malta free of customs duty: provided Ihat in all cases, the said goods

shall (unless otherwise permitted by tile Comptroller) be

transfe rred into the Freeport wi thin seven working days of having

been landed;

(b) al klw the transit of nny goods desti ncd for cxpon from a

Freeport to any port or airpon in Malta wi thout levying customs

dut~ thereon: pru..·id.ed that lhe said goods shall (unlc$s otht:rwise

permined by the Comptroller) be loaded on a ship or aircraft wi thin

seven working days of having exited from the Freeporl.

(6) Whenever any goods which have ente red a Freeport free

of customs duty in accordance with the provisions of this section are

transferred out of a Freeport and remain in Malta otherwise than for the

purpose contemplated at paragraph (b) of subse<:tion (5) hereof or. if

o"'ned by the Authority. for l1se by the Authori ty in pur.;uance of its

duties or funclions hereunder outside a Frcepor1. such goods shall as

soon as so lr~nsferred be deemed to ha"c becn imported into Malta and

subject !O ~ustoms d Uly under the relative provisions of the Import

D uties Act. 1976 where applicable

Provided that in the ~ase of any goods which have been

processed in a Freepon and qualify forcertifKation as ha" ing been made

in Maha pursuan1to the pTO\'isions of section lOof this Act. the nature

of the goods. th<' val ue and the quantity to be taken in eonsideratioo in

determiningeuslOmsduty shall . 811he: requcst of the pcrKln liable to pay

dUly. be those which would be taken into account had thc good~ nOI

been processed as aforesa id.

(7) Where cu,toms dUly has been paid in respect of any

goods upoll their importation into Malta. 00 claim for refund of such

duty sha ll be competent solely on the grouoUs thal such goods are later

transferr<,d into a Freepon.

(8) The e~cise laws shall not apply 10 any goods produced in a

FreePQrl unless such goods arc cnlered for consumption in Malt a

o utside a Frceport.

17. (1)

The Authority shall

(a) asa: n ain that 1" '1'1'}' Freepon il; equipped with adequate

conI rol systems to p!"e'·ent evasion of customs and excise duties thal

would be payable to the GO\'<,mmc:nt but for the provisions of this

Act

(b) ensure that evel'}' area designated as a Freepon pursuan'

to th e provisions of th is Act is properly endosed: and

(c)

determine the enll'}' and exi t poinlS therrof.

and in e' ·ery sueh mall eT the Authori ty shall conform with any

requirements of the Comptroller in resp«"t Ihe reor. unless the Prime

Min iste r otherwise directs.

(2) Any person entering a Freepon from any place in Malta

outside H Frce port zone or leaving a Freepon other than loa destination

o utside Malta with any goods shall answer such questioru as the

Comptrolle r may put to him \\;th respect to Ihe said goods a nd shall. if

req uired by the: said Comptroller. produo:: those goods for e~amination

al such place as the: Comptroller may direcl.

(3) At the timc when a vehicle is entering or leaving a

Freeport. the Comptroller may board the vehicle and sea rch any parI of

it.

(4) The Authority shall oot permit any persoo to lake up

residence wi thin a Frecport.

(5) The Authority may dcny accc:ss to a Freepon 10 any

person who does oot pro,·ide such guarantees as it may deem necessal'}'

regarding the proper application of any rules. regul ations or order> in

respect thereof.

(6) Evel'}' licensed company sha ll make a' ·ailable to IlK

Authority such records in writing relating to the goods it is importing or

will be importing inlO a Frcc:pon as may be TM:OeSS3I'}' 10 itrentify their

nature. quantity and oountl'}' of origin. consignment or destination

which rttOrtls shall be available for inspection by the Comptroller.

(7) The Min ister may. with the advice of the Authority. by

regu lations published in the GlUene. make provision with respect to the

movemen t of goods in to. and the removal of goods from any Freeport.

a nd the keeping. securing and the t reatment of goods .... hich are within a

Freeport.

(8) Without prejudice to the generali ty of subsection (7) 0 1

this section . regu lations made thereunder may nmke provisions-

(a) permitting goods in a Freepon to be destroyed without

paymenT of customs or e xcise duties. in such circumsta nces and

subject to such conditions as t he Authority may determine

(b)

requiring that specified opemtions within a Freepon are

CO be carried ou t in such ma nner and subject to such restrictions as

may be imposed by or under the regu lations

(c) establishing the penalty which may be imposed by any

in the event of non compliance wi th any conditions or

COUr!

restr ictions imposed in vinue of paragraph (b) hereof; provided

such penalty shall not e~ceed a fine (nu,/ra) of Lm5.000 together

wi t h the forfeiTure of the goods to which the offence refers;

(d) specifying the information to be gi\'en to the Authority in

respect of goods imported in to a Freeport and t he form in which .

pe rsons bywhom. and time .... ithin .... hich . such inform:uion must be

given.

18. (I) A licensed company sha ll be exempt from paying EMm".;o.. from

income ta~ on the gains o r profits arising to it from a trade or business

exercised in a FreepoT1 pursuant 10 the provisions of section I I of this

Act.

(2) For the purposes of the Income Tax Act. the income or

part ihereof of any company ror any yeur of as.o;essment in respect of

" 'hich exe mption from income tax operates under the provisio ns of this

sectio n shall be computed in lhe manner set out in the said Act and in

acrord1111ce wi th its pro\'isions: provided that the provisions of the

Income Tax Act. shall be wper.;edcd or replaced as necessary b)' the

provisio ns of This Act.

(3) Interest and royalties paid by a licensed company in

respect of or related to ope rations o r t ra n~act;ons ucmpt frum income

tax under The pro\'isions of subsection (I) of t his section shall also be

exempt from income lax: provided Ihat suc h exemption shall not

operat e where intc rCliI or royalties arc paid to a pc:rr.on ordinarily

resident or domiciled in Malta.

19. (I) Any divide nds (or part thereof) distributed by a licensed

company OUT of its gains or profits. or part the reof. "·hich. under the

pro\'isio ns of this Act. ha\'e been relie\'ed from the payment of income

ta~. shall be exempt from income ta~ in the handsof tl>c members of the

company in receipt of such distribu tion

Provided t hat l ite provisions of Ihis 5ub$ec.ion shall nOI apply

to a dividend distributed 10 a person ordinarily resident aT d<Jmicited in

Ma lta.

(2) Where a dividend 10 which subsection (1) of .h;$ §eel ion

applies is disuibuled to a member which is also a company (in this

subsection referred 10 as " the second company"), tile said dividend shall

likewise be distribul able by Ihe second compa ny 10 its own members in

the form of dividends exempt from income la~ in the hands of the

recipients. and where a member of the second company is again a

company. t he preceding provisions of th is subsection shall appl y mlllmis

mUfandis as though references to the firsl CQmpany were references 10

that member. and the principle se t out in this subsection sha ll continue

to be appl ied for as long as Ihe gains or profits or pa ri thereof to wllkll

tllis section applie5 are diwibuted by way o f di"idend~

Provided tllat tile provisions of III ;s subsection shall ce ase to

opera te where a dividend is distributed to a person ordinaril y resident or

domiciled in Malta .

20, Notwi thstanding the prOVIsions o f til e Duty on Docum ents

Act. 1981. no duty sha ll be payable th ereunder in respect of

(a) the allotment o f any newly issued shares o r stock of a

lice nsed company

(b) t ~ purchase. tnlnsfer. assignme nt or ncgotiation o f any

share or Sloo: k of sucll a company ;

(c) the purchase. sale or Ol her t ransfer of any asse t by a

licensed company or by t~ Autoonty. o ther tllan a sale or other

transfer toa per.;on domiciled o r ordinarily reside nt in Malta unless

such per.;on is tile AUlhon ly or anot ller tia:nscd company;

(d ) the t ransfer of any hypotllcc. mongagc or other charge

ove r any asset o f a licensed company or o f the Authonty

(c) valuations made on bellalf of a licensed companyor ofl lle

Authorit y

(0

receiptsgi"en by a licensed oompanyorhythc Authority

(g) any applicati on. filed by a licensed company or by the

Authority

( h) insurance policies issued in favour of a licensed company

orofthe Authonty.

21. ( I ) Subject to the provisions ofsubsection (2) ofthis section,

licensed companies shall be e~empt from the provisions of the Exchange

Control Act. 1972, to th e extent Ihat such exemption shall ascertain

(a ) free and unrestricted foreign exchan~ transfers by

licensed companies;

(b) that no limi ts shall be set regarding the holding of shares

in lice nsed companies by persons not resident in Malta;

(c) unrestricted repatriation of di vidends paid by li<.:en5Cd

companies where the dividends are exempt from income tax under

the provisions of section 19 of thi s Act ;

(d)

free transfers of shares in licensed companies;

(e) unrestricted repatriation of the proceeds of liquidation of

licensed companies;

(f) right of free management by licensed companies of their

foreign eurrency;

(g) the unrestricted repatriation of any sum due as wages Of

salaries to e)rpa triate em ployees referred 10 in sectiOll22 ofthis Act

Provided that sueh exemptions shall not apply (except for

normal banking transactions) in respect of transaetions and operations

C'd lried ou t with per$()I\s resident in Malta.

(2) The exemptions granted by this section shall only be due

to licensed companies in which Maltese citiuns (induding companies)

are e ntitled to less than forty per ce nt of the nominal val ue of the issued

share ca pital, e xduding any part thereof which, neither as regard

dividends nor as regard capital, carries any right \0 participate in any

distribution of profits beyond a speci rled amount.

22. (I) The Authority may certify Ihat an illd ividual who is not Eopon" "

an exempt person under the Immigration Act. 1970 would. if granted a :'~:;i91O,

lice nce under the said Act 10 be employed wjth A licensed company. or

with the Authori ty. contribute through hi s teehnical or managerial

knowledge and experience towards the proper and fruitful establish-

ment. development. main tenance. ope ration. management. control or

conserva tion of a Free pon or the Aut hority. and of their operations.

(2)

Where subject to the provisions of the Immigration Act ,

1970 an individual who is not domici led in Malta or who. ifsodomieiled.

is not o rdinarily residen t therein. is emplo)'ed wi th a licensed company

or with the Authority, the income tu on the chargeable income of such

an individual shall be charged at Ihe rates contemplated by the Income

Tax. Act. so however that any rate of IU in excess of 30 cents on eve ry

Maltese lira shall be reduced to 30 ce nts.

(3) Individuals referred to in subsection (2) hereof who are

employed with a licensed company or with the Authori ty, and such

licensed company and the Authority in respect of such individuals. shall

be enlillcd (0 be uempl rrom t he provisions of the Social Security Act .

1987 and of any enact men t replacing that law.

(4) The used personal belongings. including onc motor car

suit ab le for family use. of any individual referred 10 in subsection (2 ) of

this section. imported in to Malta nol Illltr Ihan six months afler his fi rst

taking up residence in Malla. may be so imponed rree of customs dul y

Provided that du ly shall be pa yable on anythin g imported free

of du ty under tllis subsection if al1d when such thing is sold. assigned or

othe rwise transferred 10 a person resident in Malta.

2.J . ( i) Notwithstanding anything contai ned in the Dealh and

Don ation DUly Act. 1973. no dUI)' shall be payable the reunder in

respect of any interest in a licensed oompany possessed by any pe NQO

when -

(a) such int erest is comprised in a char,eable tra nsmission

under th e said ACI. and

(b) the former owne r thereof before the happening of Ihe

cha rgeable transmissio n and the new owner aft er its happening li re

both persons nOI do miciled in Malta. and

(c) the interest is an inte rest to which Ihe provisions of this

section apply.

(2) The provisions of this section apply to an interest in a

licc nsed company being -

(a)

any share in ordebe nture thereof

(b) any d ivide nd d istributed or due to be distributed by the

said company

(c) an y money loaned or advanced 10 th e company. and any

other credit whatsoever. irrespeetiveof Che way in whi ch the loan or

advance has been made. or has resulted. and the security granted

therefor

(d) a ny interest OIl money o r other income paid or due to be

paid by th e company before the happening of the chargeable

transmission .

24. The exe mptions contemplated by this Pan shan only apply to

Iransactioos and o perations which are relevant to the pu rposes for ..... hich

the Authority has been appoin ted pur.;uant to the provisions of sub-

section (I) of section 5. o r for which a company has been or will be

licensed pursuant to the provisionsof subscction (4) o f SC(;tion 11 of Ihis

Ac\.

I'ART VI

A liminislroril't Arrangtmltms

25. ( I) No exemption or other benefit which may be granted or

obtained under this Act shall be 50 granted or obtained . and no

entit lement thereto shali ex ist notwithstand ing anything contained in

this ACI unless

(a) proper and sufficient records and acrounts. including

appropriate supporting documentalion. have been maint ained for

the relative period. by the re !ative licensed company

(b) separate acco unts have been kept as may be necessary to

identify and quan tify the exemption or benefi t

(c) such computations. returns. statemen ts particulars or

document s as may be necessary to establish clearly the enti tlement

to an exemption or benefit arc submitted as appropriate. incl uding

subm ission to the Au thority .

(2 ) No claim. statement. account or document whatsoever

that is in any way connected with the enti tlement or presumed entitle-

ment to any e xemption o r benefit contempla ted under the provisionsof

th is Act shall be conside red o r taken in to account unless certified by a

certified public acrountant and audi tor to the sa me effect that the

ba lance shee t and profit and loss account of a company arc to be

certified under the provis ions of the Commercial Partnerships

Ordinance. and for the purposes of this suhscction the provisions o f

section 141 of the said Ord inance shall apply .

26. Any licen>ed company or o th er person purporting or see king t n _

to obtain or enjoy any e~empt ion or o ther benefit unde r the provisions Authority.

of this Act, or who has obtai ned such an exempt ion o r other benefit,

sha ll ~

(a) furnish to the Au t ho rity and to any Otllc r au thori ty such

information. accounts. statements and other documents which the

Authority or that ot her authority may clccm to be neeessary for tile

purposes of this Act

(b) at tend o r se nd a reprcse ntati"e to ollend before the

Authori ty or otiler authorit y and answer a ny question lawfu lly

made in connection t herc" 'i,h

(c) pro,'Ode the Authority or o ther authorit~ with reasonable

IlI.'CCSS to all prem ises. plaa:s. books and ot her dcx:ument~. and

allo,,· copies to be made: thereof.

27. (I) Where a licensed company or its officcTll or em ployees

.. re granted o r become entitled to an exem ption or ot her benefi t under

the provisions of this Act. there shall be dee med to have come into

existence a cont ract betwee n the company or its officcTll or cmplo)'ees

and' the Gove rnment. or the Auth ority. as the case may be.

guarantccing fo r It period of fifteen years from the grant of the rclall"c

licence . the granl and enjoyment of the relati\'e c~cmplion or other

benefit in accorda nce with Iiw: provisions of Ihis Act .

(2) Where any exemption or other benefit is not due as of

righ t under the provisions of this ActIO any beneficiary. but depends on

the use of discretion ~ested in any person or aut hority, the use by such

person o r authority of the discretion so ,"ested in him in favour of a

beneficiary shall constitu te a contract belll,cen the beneficiary and the

Govemmen l. or the Authority. as the case may be. guaran teei ng for a

period of fifteen years from the use of such discretion. tht grant and

e njoyment of the exemption or other benefit in accordance with the

provisions of this Act.

(3) 'The guarantees given by this seclion shall apply also

against relrospcCli,"c action. whether by legislation or othe".,ise:. as

wou ld null ify any riglllS. exemptions or privi1egesso guaran teed_

(4) The provisions of th is secti on shall be without prejudice

to the controlling and regulatory provisions laid down in this Act.

(S) A lioem;ed company or other benerlCiary may. at any

time. bynotice in writing. eled not tobe gran ted or 10 take any incentive

o r be nefit ot herwise due to il Of him under the provisions of this Act.

Such notice shall specify the date from which its election shall be

operative. which date shall invariably be the first day of a ~ear. or of a

~ear of assessment or of any other fi nancial period. and shall be

irrevocable and indefinite in respect of the maners on aCCQlInt of which

it has been made.

28. (I) Where a licensed company fails to comply or cause

compliance wi th any of the conditions allaehed to thc grant o f any

ex:emption or o th er benefit under this Act or engages in activitie~

inconsiste nt wit h the objectives of a Frccport. the Authorit~ may either

revoke the grant ofthe exem ption or othe r benefit or by notice in writing

require such company withi n thirty days of such nolice

(a) to comply o r cause compl iance with such condi tiomor to

terminate any activity inconsistent with a Frecpon; o r

(b) to establish to the satisfaction of the Authority that

failure to comply or cause compliance with such condi tions was due

tosomc cause be~ond its control and that there are actual prospectS

of complying or causi n$ compliance with such conditions. within

such time as the Authon ty may consider reawnable .

(2) Where a company establishes to the satisfoction of the

Au thority that failure to comply or cause comp~ance wit h uny condi·

tions attached to the grant of ony incentive or benefit under this Act was

due to some cause beyond its control. and that there are actual prospects

of complying or causing compliance with such oonditions ",·ithin a

reasonable time. the Au thori ty may authoril;e such reasonable: post·

poncment for the purpose of compliance with such conditions. as it

thinks fit.

(3)

Whe re a licensed oomiXlny

having been required SQ to do by notice under subsection

(a)

( I) of this section. fa ils to establish to the satisfaction o f Ihe

Au thori ty that its failure to comply or cause compl iance with an y

condi tions anacncd to the gran t o f any exempt ion or other benefit

was due to!j()llle ca use beyond its control and that the re arc actual

prospects of complying or causing compl iance with sl,lCh conditions

.... ithin a reasonable time: o r

(b) having been allo"'ed D postponemem under subsection

(2) of this section. fai ls with in the period of such postponement to

co mpl y or cause compliance with such co nditions.

the Authority mlly TCvoke any e~e mption orother bene fit granted to the

company under this Act. and sueh revocation ~ha ll be operative from

sue h date as may be detenn ined by the Au thority.

(4) Where the grant of any e~cmpt ion or o ther benefit to a

lice nsed compa ny under this Act is revoked in accordance with the

provisions of this section. such compMy shall pay to the Government Of

to the Autho rity. as the ease may be. any sums which it would have paid

to the GO\'ernmen t or the Authori ty but for the provisions ofth ts Act.

29. (I) The Authority shall not

(a)

revoke any lice nce gran ted under section 11 of this Act

revoke any granlore~emption or other benefit under this

(b)

Act.

un less the company in q uestion has

(a)

been notified In writing of the action tile Authori ty

pro~s totake:and

(b ) has had an opportuni ty for a hearing before the

Authority.

(2) An y dispute relating to Ihe interpretation of the

provisi ,s o f any agreement under Ihi s Act or th e right of any party

under th,s Act or the exercise by th e Authori ty o f any powers vested in it

by thi s Act (except for Ihe man ers con te mplated in sections 8. 9. 10. 11

and 14) shall. unless Ihe parties agree o the rwise. be refe rred for

arbi tra tion and settleme nt to the Appeal s Board constituted under

section 280f the Industrial Development Act. 1988

Provided that no appeal shall lie from any awa rd made by the

sa id Board

Provided further that proceedings before the Board shall be

regula!ed. mllralis mlllandis. as if reference under this section were an

appeal filed 10 the Board under the said Act.

(3) Except for the: purpose o r in execution of a j udgemen t

given in pursuance of any a!;1ion mentioned in subsection (5) of Ih is

5eClioll. no property of any kin d belonging [0 a li censed company shall

be subject to any preca utionary or u ecu live act or warrant 3l; is

mcn tiOlled illl lle Code o f Orga nisation and Civil Procedu re.

(4) Nodircctor or oth er o fficer of any li ce nsed com pany . and

no person being a membcrof or having an ;merest in anyslIch compa ny.

shall be su bject to Iny precautionary o r executive act or wa mlnt as

afo resaid in respect o f any obli gation or ot her liability o f the compan y.

An action referred 10 in subl;cction (3) of Ihis section is

(5)

ci llier -

(a) an action for tile enforceme nt of an obligat ion or ot hcr

liabil ityof lhe company; or

(b) an action for the recovery of an y prope rty acq uired o r

he ld by the company, o r otherwise in its possession or COI'ltrol. and

origi nat ing from any transaction. operntion or activi ty referred fO in

subsection (2) o f section 12 o f this Act.

(6) NOlwi thstarKiing the foregoing provisions of thiSseClion .

no warrant or o ther act shall be issued by tile rourt unless the applicant

fi rst sa tisfies the oourt th at the warm m orothe r act may be iss ued under

this section.

30. (I ) The Minister may from time to time ma ke regulations

gene ra lly for carrying out or pUlling intodfcct the provisions of this Act

and may. in paiticular. try those regulations prescribe for any such

mau ers as arc authorised by Ihis Act iO be prescribed.

(2) Regulations made by the Min ister or rules made by the

Authority. as the case may be. unde r any of the provi'lions o f this Act

may be made in tne English language on ly.

PART VII

Offences lmd Penalties

3 1. Ally peT!lOn who without rell50nable excuse prepares any

inoorrect statement or gives any incorrect in formati on in re lation to any

matte r or thin g falli ng unde r thi s Act . shall be guilty of an o ffence and

shall on oonviction be liable to a fine (mU/Ill) o f not ~ than lmSOO and

oot exceeding LmS.@ .

32. An y person "'ho wilfull y with inlen t toobtai n any inccn lh'eor

benefit ullder this Act or to asstst anyOI ht:r person to do so-

(a) o mits from a return or any other document or statemen1

made. prepared or submiued for the pu rposes o f or under this Act.

any malle r which should be included therein: o r

(b) makes any fabc statement or entry in any ret urn orother

document or statement prepared or submilled for thoc pu rposes of

o r under this Act; o r

(e) gi\'Cs any false answer. whether verbally or in writing. to

~ny question or request for information asked or made in accord·

once with the provisions of th;. Act; or

(d) prepares or maintains or authorises the preparation or

maint enance of any false books of account or olher reco rds or

falsifies or authorises thoc falsification of any books o f accoUIll or

records: or

(e) makes use of any fraud . art or contrivance wlulte ... er or

aut hori ses the use of any such fraud. an or contrivance.

shall be guilty of an offence. and sha ll for each such offence be liable on

conviction to a fine (mulla) of nOl less than Lm 1.000 and not exceeding

Lm IO.cXXl o r 10 imprisonment for any lerm not exceeding two years. or

to oolh such fine and imprisonment.

JJ. If any person contJ1wenes or fails to comply with any of the

requi rements of this Act or of any regulations made thereunder. in

respeCI of"'hich 00 special punishment is provided. such person shall be

guilty of an offence and sha ll for earn such offence be liable. on

cUlwiction. \0 a fine (mulla) of llot 1css than Lm 100 alld not more Ihan

LmSOO.

34. The provisions of this Act es tabl ishing offenl'tlS and punish-

ments in respect thereof shall nOl :r.ff< .. "<:t the operat ion of any other law

establishing offences and punishments in respect o f the same acts or

omissions and shall not. in particular, affect Ihe application of any

higher punishment under any other law.

JS. Proceedings for an offence under this Act may be commenccd ~

~t any lime within five years from the date of the commission of the

offence.

AJ62

In terpretation.

PART 11

Freeporr.s

(SeClion 3)

.

J

•

•

•

•

•

•

•

•

~

I

•

i

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J •

~

• •

A

Passed by the House o f Representatives a l Silling No. m of the 25th July, 1989.

L A WRENCE G O NZI

S~(J/c~'

P . M USCAT TER RIB II.E

Clerk 10 the House of Repruenlotivu

Dedaration of Freeports

Exemption from ce rt ain legislation

PART UI

Freeporr A/llhoriry

Freeport Authority

Powerll of the Authority

1. Agreements entered into by Authority

Ftehim li I-Awtoritll tidhol fihom

Provision of industrial structures etc.

Provision of utilities

Certificates of origin and of non·manipulation

PARTlV

Licensed Companies

Licensed companies

Com pany ceasi llg to be a licensed company for illegal activities

Goods ill Freeporn

Reserved ope rations in Freeports

Certificates and fees

PART V

Fiscal Regime

E~emption from customs duty and the excise laws

11. Safeguards for customs and excise duties

Protezzjoni ghad-dazji tad-dwana u tas-sisa

Exemption from income tax

Tax free dividends

Exemption from stamp duties

Exemption from exchange control

Expatriate employees

Exemption from death and donation duties

General rule regarding exemptions

AJ40

PART V!

Administra/iv~ arrangenren ts

Re(;ords Ilnd certification

Information required by the Authority

Guaran tee of exemptions and benefits

Revocation for non-compliance

Procedure rl'larding disputes

Powe r 10 mate regulatiuns

PART VII

Offences und PCMltia

31, Penalty fo r makin g incorrect state me nts e tc.

Provisio ns relating 10 fraud etc.

General penalty

Provisions with respccl lo offences

Prescription for proceedings.