Supplementary to the Republic of Zambia Government 357 Gazette dated the 24th August, 2007 GOVERNMENT OF ZAMBIA

Transcription

1 Supplementary to the Republic of Zambia Government 357 Gazette dated the 24th August, 2007 GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. 65 OF 2007 The Zambia Development Agency Act (Act No. 11 of 2006) The Multi-Facility Economic Zones (General) Regulations, 2007 ARRANGEMENT OF REGULATIONS 1. Title 2. Interpretation 3. Facilities and services to be maintained on multi-facility economic zone 4. Production of goods and services in multi-facility economic zone 5. Prohibition of unauthorised activities 6. Application for permit 7. Application for licence 8. Consideration before applying for licence or permit 9. Issue of licence or permit 10. Application for variation of licence or permit 11. Renewal of licence or permit 12. Inspection of register 13. Records to be kept by investor 14. Notification of incentives to investor 15. Rights and obligations of investor in multi-facility zone 16. Types of business enterprises 17. Suspension or revocation of licence or permit 18. Offences and penalty SCHEDULE - Prescribed Forms Copies of this Statutory Instrument can be obtained from Kas Electronic Publishers, Tel: , P.O. Box 31075, Lusaka.

2 358 Statutory Instruments 24th August, 2007 IN EXERCISE of the powers contained in section eighty-two of the Zambia Development Agency Act, 2006, and after consultation with the Agency, the following Regulations are hereby made: 1. These Regulations may be cited as the Multi-Facility Economic Zones (General) Regulations, In these Regulations, unless the context otherwise requires Act means the Zambia Development Agency Act, 2006; commercial activity means any activity in connection with contracts, bankruptcy, patents, trademarks, designs, companies, partnerships, export and import of merchandise, affreightments, insurance, banking, agency and usage; Commissioner-General has the meaning assigned to it in the Zambia Revenue Authority Act; multi-facility economic zone means any area or premises in Zambia that has been declared a multi-facility economic zone under section eighteen; and officer means an employee of the Zambia Development Agency. 3. The Agency may require an investor to provide and maintain in a multi-facility economic zone standard infrastructure, readymade standard factory buildings, warehouse, factory space, telecommunication facilities, water and sewerage networks, uninterrupted power supply source, internal roads, waste water treatment and such other facilities as are required for the effective and efficient operation of the multi-facility economic zone. 4. A business enterprise may, in accordance with the conditions attached to its licence, produce for export or the local market, any of the goods or services specified in the licence. 5. An investor shall not, within a multi-facility economic zone, carry out any activity not authorised by the licence or permit. 6. (1) A person who wishes to develop an area, premises or buildings as a multi-facility economic zone pursuant to section sixtyeight of the Act shall submit an application for a permit to the Board in Form ZDA I set out in the Schedule. Title Interpretation Act No. 11 of 2006 Cap. 321 Facilities and services to be maintained in multi-facility economic zone Production of goods or services in multi-facility economic zone Prohibition of unauthorised activities Application for permit (2) An application made under sub-regulation (1) shall be accompanied by an application fee of five hundred and fifty-five fee units and the following documents: (a) a certified copy of the articles of association;

3 24th August, 2007 Statutory Instruments 359 Application for licence (b) a certified copy of the certificate of incorporation; (c) a certified copy of the certificate of share capital; (d) a copy of the latest annual report and audited financial statements if the applicant company has been in operation for more than one year; (e) a copy of projected financial statements, if the applicant company has been incorporated for less than one year; (f) a certified photocopy of the passport or national registration card showing the nationality and place and date of birth of the person named as a Director or Secretary of the company in the application for incorporation; and (g) a detailed business plan and in the case of an application for a permit, a plan of the proposed facilities drawn to scale showing (i) the full extent of the area to be developed as a multi- facility economic zone; (ii) any building restrictions; and (iii) the proposed or existing layout of the facilities. 7. (1) A person who wishes to operate a business enterprise in a multi-facility economic zone pursuant to section sixty-eight of the Act shall submit an application for a licence to the Board in Form ZDA II set out in the Schedule. (2) An application referred to under sub-regulation (1) shall be accompanied by an application fee of five hundred and fiftyfive fee units and the following documents: (a) a certified copy of the articles of association; (b) a certified copy of the certificate of incorporation; (c) a certified copy of the certificate of share capital; (d) a copy of the latest annual report and audited financial statements if the applicant company has been in operation for more than one year; (e) a copy of projected financial statements, if the applicant company has been incorporated for less than one year; (f)a certified photocopy of the passport or national registration card showing the nationality and place and date of birth of the person named as a Director or Secretary of the company in the application for incorporation; and (g) a detailed business plan.

4 360 Statutory Instruments 24th August, In considering an application for a licence or permit, the Board shall have regard to (a)the level of local and foreign direct investment; (b) the attraction of local and foreign indirect investment; (c) the amount and quality of local employment creation; (d)the extent of skills development and transfer to local entrepreneurs and communities; (e) the extent to which the project will lead to expansion of local production; (f) the level of utilisation of local raw materials and intermediate goods; (g) the introduction and transfer of technology; (h) the production of new products; (i) the impact that the proposed investment is likely to have on the environment and the measures proposed to deal with an adverse environmental consequence in accordance with the Environmental Protection and Pollution Control Act; (j)the extent to which the project will lead to the diversification of the economy; (k) the extent to which the project will lead to increased foreign exchange earnings; (l) the degree to which the project is export oriented; (m) the extent to which the project leads to import substitution; (n) the extent to which the project leads to utilisation of preferential trade agreements; (o) the extent to which the project leads to social development; and (p) any other considerations relevant for purposes of the Act. 9. (1) Where the Board approves an application for a licence or permit, it shall issue to the applicant a licence or permit specifying (a) the name, nationality and address of the applicant; (b) the legal status of the business enterprise, whether as a body corporate, partnership, association or other type of entity, its registered or other office and the names and nationalities of the chief executive and the directors or other office bearers; (c)a description of the proposed project or investment, and of the approved activity which is authorised by the licence or permit; Consideration before grant of licence or permit Cap. 204 Issue of licence or permit

5 24th August, 2007 Statutory Instruments 361 (d) the nature and the amount or value of the domestic or foreign investment, where applicable, the period or periods within which they shall be invested; (e) the date of issue and expiry of the licence or permit; (f) the terms and conditions of the licence or permit; and (g) any other matter which the Board considers necessary to give effect to the Act. Application for variation of licence or permit Renewal of licence or permit Inspection of Register Records to be kept by an investor Notification of incentives to investor 10. An investor may apply for a variation of a licence or permit stating reasons for the application, upon payment of a fee of five hundred and fifty-five fee units. 11. An investor who wishes to renew a licence or permit pursuant to section seventy-two of the Act shall submit an application to the Board six months prior to the expiration of the current licence or permit in Form ZDA III or Form ZDA IV respectively set out in the Schedule and the application shall be accompanied by a fee of five hundred and fifty-five fee units. 12. (1) The Board shall maintain a Register of licences and permits in Form ZDA V set out in the Schedule. (2) The Register kept under sub-regulation (1) shall be open for inspection by members of the public at all reasonable times at the office of the Agency on payment of a fee of six hundred fee units. 13. An investor shall keep, at the investor s place of business or premises, and maintain in a form and manner conforming to accepted accounting standards (a) a register into which shall be entered the assets and liabilities of the investor; (b) books of accounts, invoices, customs permits and other documents relating to or connected with their operations in a multi-facility economic zone; and (c) such other records and information as submitted with the application for the licence or permit. 14. (1) The Agency shall, where it grants a licence or permit to an investor inform the Commissioner-General about the grant, attaching copies of the licence or permit, within seven days of the grant. (2) The Commissioner-General shall, within fourteen days of receipt of a notification under sub-regulation (1), notify the investor of the incentives awarded and in relation to the licence or permit, the validity period of the incentives.

6 362 Statutory Instruments 24th August, (1) An investor may (a) appoint an agent or representative to undertake the management and administration of the multi-facility economic zone or a business in a muti-facility economic zone on behalf of the investor; and (b) lease, sub-lease or sell land or buildings to a licenced multi-facility economic zone investor, and may charge rent or fees for other services that may be provided in the multi-facility economic zone. (2) An investor shall (a) not assign, cede, or otherwise transfer the permit or licence without prior approval of the Agency; (b) obtain approval from the Agency before making improvements to the multi-facility economic zone and its facilities; (c) maintain adequate security and suitable provision for the movement of persons, conveyances, vessels and goods entering or leaving the multi-facility economic zone; (d) enforce measures, for the business or activity carried out within the zone, which promote the safety and efficiency of its operations; (e) inform the Agency if it is unable to implement the investment prescribed in the licence or permit within thirty days of the investor becoming aware of the nonimplementation of the investment; (f)inform the Agency, without delay of any material change in the information or particulars furnished by the investor at the time the investor applied for the licence or permit; and (g) submit on an annual basis the following: (i) a statement of returns on employment on Form ZDA VI set out in the Schedule; (ii) a statement of returns on sales on Form ZDA VII set out in the Schedule; and (iii) a statement of returns on the amount invested on Form ZDA VIII set out in the Schedule. 16. The Board may grant licences in respect of the following types of business enterprises to operate in a multi -facility economic zone: (a)commercial business enterprise; and (b)production business enterprise. Rights and obligations of investor in multifacility economic zone Types of business enterprises

7 24th August, 2007 Statutory Instruments 363 Suspension or revocation of licence or permit 17. (1) Subject to the other provisions of these Regulations, the Board may suspend or cancel any licence or permit if an investor (a) obtained the licence or permit by fraud, deliberate or negligent submission of false information or statements; (b) transfers or otherwise assigns a licence or permit without the prior approval of the Board; (c) contravenes these Regulations or any terms and conditions of the licence or permit issued to the investor; or (d) fails without reasonable cause to establish the business enterprise within the time stipulated in the licence or any extension thereof. (2) The Board shall, before suspending or cancelling a licence in accordance with sub-regulation (1), give written notice to the investor of its intention to suspend or cancel the licence and the grounds for the suspension or cancellation and require the investor to show cause within a period of not more than thirty days why the licence or permit should not be suspended or cancelled. (3) The Board shall not suspend or cancel any licence under this section if the investor takes remedial measures to the satisfaction of the Board within the period of thirty days referred to in subregulation (2). (4) If the investor notified under sub-regulation (2) fails to show cause to the satisfaction of the Board or does not take remedial measures to the satisfaction of the Board within the time specified in that sub-regulation, the Board may suspend or cancel the licence or permit. (5) Where a licence or permit is suspended, the holder of the licence or permit shall cease to be entitled to the rights and benefits conferred under the Act and these Regulations for the period of the suspension. (6) Where a licence or permit is cancelled, the holder of the licence or permit shall cease to be entitled to the benefits conferred under the Act or these Regulations with effect from the date of such cancellation and shall return the licence to the Director General. (7) Any person who is aggrieved by any decision of the Board under this section may appeal to the Minister subject to further appeal to the High Court.

8 364 Statutory Instruments 24th August, An investor who contravenes regulations five, thirteen or sub-regulation (2) of regulation fifteen commits an offence and is liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years, or to both. Offences and penalty

9 24th August, 2007 Statutory Instruments 365 SCHEDULE (Regulations 6 (1), 7 (1), 11, 12 (1) and 15 (2)) PRESCRIBED FORMS (Regulation 6 (1)) ZAMBIA DEVELOPMENT AGENCY FORM ZDA I APPLICATION FOR A PERMIT PART 1 INVESTOR S BACKGROUND Company Name:... Postal Address: Physical Address: Telephone Numbers:... Fax Number:... Address:.... Registered office:.... Date of Registration:... Origin of Investment Funds:.. Business of Investing Company:... Total Cost of the Project: Business Proposed for Multi-Facility Economic Zone:....

10 366 Statutory Instruments 24th August, 2007 Proposed Date of Commencement of Project Implementation:. PARTICULARS OF DIRECTORS Name Passport/NRC Nationality Tel No. Residential Number Fax No. Address Address DETAILS OF SHAREHOLDERS Name Nationality % of Shareholding PART 2 DETAILS OF THE PROPOSED PROJECT INVESTMENT PROPOSED DURING THE 1ST THREE YEARS Year One Year Two Year Three ZMK US$ ZMK US$ ZMK US$ Equity contribution (a) Local (b) Foreign SUB-TOTAL Other sources of funds Loan Other (specify) SUB-TOTAL TOTAL INVESTMENT *Please indicate the assumed exchange rate where applicable

11 24th August, 2007 Statutory Instruments 367 DETAILS OF THE PROPOSED SITE Location of the proposed Multi-Facility Economic Zone: (a) District:... (b) City/Town:... (c) Physical Address:. (d) Other information on location (if any) (e) Size (Hectares) of area proposed for Multi-Facility Economic Zone. Is the proposed Multi-Facility Economic Zone land owned by the investor? Yes No If not, describe current status of its ownership and investor s intentions on acquisition: Is the proposed Multi-Facility Economic Zone site part of a large development at this site? Yes No If so, describe size (Hectares) and activities planned for the non-multi-facility Economic Zone area INTERNATIONAL TRANSPORT ACCESS Proximity to (a) (b) (c) (d) Major Roads in Km (specify distance) Rail in Km ((specify distance) International Airport (specify distance) Seaport/Harbour (specify distance) DEVELOPMENT PLAN FOR THE MULTI-FACILITY ECONOMIC ZONE An outline of the development plan for the Multi-Facility Economic Zone should be submitted with the application covering the key elements of the establishment, construction, promotion and operation of the zone. Indicate key elements as follows: (i) Proposed date for commencement of site development and construction:... (ii) Main land use components planned: Serviced site (m2):

12 368 Statutory Instruments 24th August, 2007 Production/Factory buildings (m2):... Warehousing (m2}:.... Office Building (m2):... Other ((m2) (specify: (iii) Status of site in relation to local planning and development regulations Has permission for development been sought from the local authorities in accordance with the Town and Country Planning Act, Cap 283? YES NO If so, attach evidence of the permission: Have the necessary statutory approvals been obtained or sought from the labour authorities with respect to the suitability of the premises for use by workers in accordance with the Factories Act, Cap 441? YES NO If so, attach evidence of the permission: (iv) Environmental Impact Assessment Is an Environmental Impact Assessment or Project Brief required to be undertaken in accordance with the Environmental Protection and Pollution Control Act, Cap. 204? YES NO If yes, the Agency may require an Environmental Impact Assessment or Project Brief certified by the Environmental Council of Zambia prior to project implementation. (v) Promotion by investor of Multi-Facility Economic Zone Has promotion of the Zone been undertaken by the investor? YES NO If YES, summarize results to date:..... What plans do the investors have for promotion of the Zone?. Planned spending on promotion in Year 1 (ZMK)(US$):.. Countries targeted for promotion in Year 1: Sector/Industries targeted for promotion in Year 1:...

13 24th August, 2007 Statutory Instruments 369 (vi) Specific projects or industries which you wish to locate in the Zone:... INFRASTRUCTURE The activities will require support infrastructure such as water, effluent and waste disposal facilities, electricity and telecommunication. In so far as you can anticipate or forecast, indicate likely demand on these services in the first 3 years. (i) Details on water requirements for the Project Estimated daily consumption of water Effluent and water disposal YEAR 1 YEAR 2 YEAR 3 (ii) Details on electricity requirements for the Project Connected lighting load (KW) Maximum demand (KVA) Hours of operation YEAR 1 YEAR 2 YEAR 3 (iii) Details on communications requirements for the Project TELEPHONE SERVICES Lines Extentions Telefax NUMBER DATE REQUIRED Other services required (please specify):-.. Any other information:...

14 370 Statutory Instruments 24th August, 2007 DECLARATION PART 3 I/We... hereby declare that the particulars given in this application are to the best of my/our knowledge and belief, true and correct and that any estimates given in this application have been given in good faith and with all due care. I am/we are aware that any Permit can be suspended or revoked in accordance with the Zambia Development Agency Act of 2006 if any information given in this application is found, among other things, to be false or misleading or if the permit is found to have been obtained on the basis of fraud or negligent misrepresentation. Signature of Declarant Director/Secretary. Date... COMPANY SEAL

15 24th August, 2007 Statutory Instruments 371 (Regulation 7 (1)) FORM ZDA II ZAMBIA DEVELOPMENT AGENCY APPLICATION FOR A LICENCE INVESTOR S BACKGROUND PART I Company Name:... Postal Address :... Physical Address:.... Telephone Number:... Fax Number: Address: Registered office:... Date of Registration... Origin of investment funds:..... Business of investing Company:... Total Cost of the Project:.... Business Proposed for Multi-Facility Economic Zone:... Proposed Date of Commencement of Project Implementation: PARTICULARS OF DIRECTORS Name Passport/ Nationality Tel No. Residential NRC Fax No. Address Address Number

16 374 Statutory Instruments 24th August, 2007 Warehouse Area (m2):.... Office Area (m2) PLANT AND EQUIPMENT Particulars of machinery, vehicles, office equipment, furniture and fixture Details of Assets Origin Cost In ZMK Cost In US$ TOTAL SERVICES (i) Details on water requirements for the Project Estimated daily consumption of water Year 1 Year 2 Year 3 (ii) Electricity requirements for the Project Connected load (KW) Maximum demand (KVA) Hours of operation Year 1 Year 2 Year 3 (iii) Communications requirements for the Project TELEPHONE LINES EXTENSIONS TELEFAX LINES Number Date Required ENVIRONMENTAL CONSIDERATIONS (a) Name of waste products (if any)..... (b) Method of Disposal (c) Is an Environmental Impact Assessment (EIA) or Project Brief required to be undertaken in accordance with the Environmental Protection and Pollution Control Act, Cap 204? Yes No

17 24th August, 2007 Statutory Instruments 375 If yes, the Agency may require such an Environmental Impact Assessment (EIA) or Project Brief report certified by the Environmental Council of Zambia prior to project implementation:... PART 3 RELATIONSHIP TO EXISTING OPERATIONS OF INVESTORS IN ZAMBIA Do the investors have an existing operation in Zambia producing similar goods or services to those now proposed for the multi-facility economic zone. YES N0 If YES, give a brief description of existing operations: Location (s):... Description of Goods/Services..... Number of employees at Location (s):... Current Output ZMK (US$) Will output, jobs and investment in the proposed Multi-Facility Economic Zone be additional to existing activities? YES N0 If YES please elaborate:.... Other services required (please specify):.... Any other information:... PART 4 DECLARATION I/We hereby declare that the particulars given in this application are to the best of my/our knowledge and belief, true and correct and that any estimates given in this application have been given in good faith and with all due care. I am/we are aware that the Licence can be suspended or revoked in accordance with the Zambia Development Agency Act of 2006, if any information given in this application is found, among other things, to be false or misleading or if the licence is found to have been obtained on the basis of fraud or negligent misrepresentation. Signature of the declarant

18 376 Statutory Instruments 24th August, 2007 Full name (in block) Letters:-. Director/Secretary Date: Company Seal

19 24th August, 2007 Statutory Instruments 377 (Regulation 11) FORM ZDA III ZAMBIA DEVELOPMENT AGENCY APPLICATION FOR RENEWAL OF LICENCE PART I INVESTOR S BACKGROUND Company Name:... Postal Address :.... Physical Address:.... Telephone Number:... Fax Number:... Address:...,.... Registered office :..... Date of Registration.... Origin of investment funds:.... Total Cost of Project:... Nature of Business:... Date of issuing the licence:... Date of expiry of the licence: Sector and/ or Products: PARTICULARS OF DIRECTORS Name Passport/ Nationality Telephone Residential NRC Fax No. Address Address Number No.

20 378 Statutory Instruments 24th August, 2007 DETAILS OF SHAREHOLDERS Name Nationality % Shareholding PART 2 PERFORMANCE OF THE PROJECT IN THE PAST THREE YEARS SALES FOR THE PAST THREE YEARS Products Year 1 Year 3 Year 3 Sales Value Market Sales Value Market Sales Value Market EMPLOYMENT RECORDS FOR THE PAST THREE YEARS Employment Category Year 1 Year 2 Year 3 Local Foreign Local Foreign Local Foreign Management Staff Technical and Supervisory Staff Workers: (a) Skilled (b) Unskilled Others INVESTMENT FOR THE PAST THREE YEARS Year One Year Two Year Three ZMK US$ ZMK US$ ZMK US$ Equity contribution (a) Local N(b) Foreign SUB-TOTAL Other sources of funds Loan Other (specify) SUB-TOTAL TOTAL INVESTMENT *Please indicate the assumed exchange rate where applicable

21 24th August, 2007 Statutory Instruments 379 PART 3 DETAILS OF THE PROPOSED INVESTMENT FOR THE NEXT THREE YEARS INVESTMENT PROPOSED DURING THE NEXT THREE YEARS Equity contribution (a) Local (b) Foreign SUB-TOTAL Other sources of funds Loan Year One Year Two Year Three ZMK US$ ZMK US$ ZMK US$ Other (specify) SUB-TOTAL TOTAL INVESTMENT *Please indicate the assumed exchange rate where applicable PROJECTED OUTPUT: YEAR 1 Proposed Local Sales Exports Export Product/Service Market Quantity Units VALUE*(a) Quantity Units VALUE* TOTAL (b) (a+b) TOTAL * Please indicate the assumed exchange rate PROJECTED OUTPUT: YEAR 2 Proposed Local Sales Exports Export Product/Service Markets Quantity Unit VALUE*(a) Quantity Units VALUE* TOTAL (b) (a+b) TOTAL * Please indicate the assumed exchange rate

22 380 Statutory Instruments 24th August, 2007 PROJECTED OUTPUT: YEAR 3 Proposed Local Sales Eexports Export Product/Service Market Quantity Units VALUE*(a) Quantity Units VALUE* TOTAL (b) (a+b) TOTAL * Please indicate the assumed exchange rate NUMBER OF ADDITIONAL PERSONS EXPECTED TO BE EMPLOYED IN EACH OF THE FOLLOWING CATEGORIES Year 1 Year 2 Year 3 Category Zambian Expatriate Zambian Expatriate Zambian Expatriate Managerial Staff Technical Staff (2) Skilled (ii) Semi-Skilled Sales Clerical Other Workers TOTAL (iii) Give a brief description of the production process to be undertaken (use additional paper if necessary):.. Land (specify area) (Ha): Production/Factory Area (m2) Warehouse Area (m2): Office Area (m2)

23 24th August, 2007 Statutory Instruments 381 PLANT AND EQUIPMENT Particulars of machinery, vehicles, office equipment, furniture and fixture DETAILS OF ASSETS ORIGIN COST IN ZMK COST IN US$ TOTAL SERVICES (i) Details on water requirements for the Project Estimated daily consumption of water YEAR 1 YEAR 2 YEAR 3 (ii) Electricity requirements for the Project Connected load (KW) Maximum demand (KVA) Hours of operation YEAR 1 YEAR 2 YEAR 3 (iii) Communications requirements for the Project TELEPHONE LINES EXTENSIONS TELEFAX LINES NUMBER DATE REQUIRED ENVIRONMENTAL CONSIDERATIONS (c) Name of waste products (if any).. (d) Method of Disposal.....

24 382 Statutory Instruments 24th August, 2007 (c) Is an Environmental Impact Assessment (EIA) or project brief required to be undertaken in accordance with the Environmental Protection and Pollution Control Act, Cap 204? Yes No If yes, the Agency may require such an EIA or project report certified by the Environmental Council of Zambia... DECLARATION PART 4 I/We hereby declare that the particulars given in this application are to the best of my/our knowledge and belief, true and correct and that any estimates given in this application have been given in good faith and with all due care. I am/we are aware that the Licence can be suspended or revoked in accordance with the Zambia Development Agency Act of 2006 if any information given in this application is found, among other things, to be false or misleading or if the licence is found to have been obtained on the basis of fraud or negligent misrepresentation. Signature of the declarant Full name (in block) Letters:-. Director/Secretary Date: Company Seal

25 24th August, 2007 Statutory Instruments 383 (Regulation 11) FORM ZDA IV ZAMBIA DEVELOPMENT AGENCY APPLICATION FOR RENEWAL OF A PERMIT PART 1 INVESTOR S BACKGROUND Company Name: Postal Address:. Physical Address: Telephone Numbers: Fax Number: Address:. Registered office:.... Date of Registration:... Origin of Investment Funds: Total Cost of the Project:.. Type of Multi-Facility Economic Zone: PARTICULARS OF DIRECTORS Name Passport/NRC Nationality Tel No. Residential Number Fax No. Address Address

26 384 Statutory Instruments 24th August, 2007 DETAILS OF SHAREHOLDERS Name Nationality % of Shareholding PART 2 PERFORMANCE OF THE PROJECT IN THE PAST THREE YEARS EMPLOYMENT RECORDS FOR THE PAST THREE YEARS Employment Category Year 1 Year 2 Year 3 Local Foreign Local Foreign Local Foreign Management Staff Technical and Supervisory Staff Workers: (a) Skilled (b) Unskilled Others INVESTMENT FOR THE PAST THREE YEARS Year One Year Two Year Three ZMK US$ ZMK US$ ZMK US$ Equity contribution (a) Local (b) Foreign SUB-TOTAL Other sources of funds Loan Other (specify) SUB-TOTAL TOTAL INVESTMENT *Please indicate the assumed exchange rate where applicable

27 24th August, 2007 Statutory Instruments 385 PART 3 DETAILS OF THE PROPOSED THE PROJECT INVESTMENT PROPOSED DURING THE NEXT THREE YEARS Year One Year Two Year Three ZMK US$ ZMK US$ ZMK US$ Equity contribution (a) Local (b) Foreign SUB-TOTAL Other sources of funds Loan Other (specify) SUB-TOTAL TOTAL INVESTMENT *Please indicate the assumed exchange rate where applicable DETAILS OF THE PROPOSED SITE Location of the proposed Multi-Facility Economic Zone: (f) District: (g) City/Town: (h) Physical Address: (i) Other information on location (if any) (j) Size (Hectares) of area proposed for Multi-Facility Economic Zone. Is the proposed Multi-Facility Economic Zone land owned by the investor? Yes No If not, describe current status of its ownership and investor s intentions on acquisition: Is the proposed Multi-Facility Economic Zone site part of a large development at this site? Yes No If so, describe size (Hectares) and activities planned for the non-multi-facility Economic Zone area.....

28 386 Statutory Instruments 24th August, 2007 INTERNATIONAL TRANSPORT ACCESS Proximity to- (e) Major Roads in Km (specify distance) (f) Rail in Km ((specify distance) (g) International Airport (specify distance) (h) Seaport/Harbour (specify distance) DEVELOPMENT PLAN FOR THE MULTI-FACILITY ECONOMIC ZONE An outline of the development plan for the Multi-Facility Economic Zone should be submitted with the application covering the key elements of the establishment, construction, promotion and operation of the zone. Indicate key elements as follows: (ii) Proposed date for commencement of site development and construction: (ii) Main land use components planned: Serviced site (m2):.... Production/Factory buildings (m2):.... Warehousing (m2}:.... Office Building (m2):... Other ((m2) (specify: (iii) Status of site in relation to local planning and development regulations Has permission for development been sought from the local authorities in accordance with the Town and Country Planning Act, Cap. 283? YES NO If so, attach evidence of the permission: Have the necessary statutory approvals been obtained or sought from the labour authorities with respect to the suitability of the premises for use by workers in accordance with the Factories Act, Cap 441? YES NO If so, attach evidence of the permission: (iv) Environmental Impact Assessment

29 24th August, 2007 Statutory Instruments 387 Is an Environmental Impact Assessment required to be undertaken in accordance with the Environmental Protection and Pollution Control Act, Cap. 204? YES NO If not, the Zambia Development Agency may require an Environmental Impact Assessment or Project Brief certified by the Environmental Council of Zambia prior to project implementation. (v) Promotion by investor of Multi-Facility Economic Zone Has promotion of the Zone been undertaken by the investor? YES NO If YES, summarize results to date:.. What plans do the investors have for promotion of the Zone?. Planned spending on promotion in Year 1 (ZMK)(US$):.. Countries targeted for promotion in Year 1: Sector/Industries targeted for promotion in Year 1: (vi) Specific projects or industries which you wish to locate in the Zone: INFRASTRUCTURE The activities will require support infrastructure such as water, effluent and waste disposal facilities, electricity and telecommunication. In so far as you can anticipate or forecast, indicate likely demand on these services in first 3 years. (i) Details on water requirements for the Project Estimated daily consumption of water Effluent and water disposal YEAR 1 YEAR 2 YEAR 3

30 388 Statutory Instruments 24th August, 2007 (ii) Details on electricity requirements for the Project Connected lighting load (KW) Maximum demand (KVA) Hours of operation YEAR 1 YEAR 2 YEAR 3 (iii) Details on communications requirements for the Project NUMBER TELEPHONE Lines Extentions Telefax SERVICES DATE REQUIRED Other services required (please specify):-. Any other information: DECLARATION PART 4 I/We... hereby declare that the particulars given in this application are to the best of my/our knowledge and belief, true and correct and that any estimates given in this application have been given in good faith and with all due care. I am/we are aware that any permit can be suspended or revoked in accordance with the Zambia Development Agency Act of 2006 if any information given in this application is found, among other things, to be false or misleading or if the permit is found to have been obtained on the basis of fraud or negligent misrepresentation. Signature of Declarant Director/Secretary. Date COMPANY SEAL

31 24th August, 2007 Statutory Instruments 389 (Regulation 12 (1)) FORM ZDA V ZAMBIA DEVELOPMENT AGENCY REGISTER OF LICENCES AND PERMITS Current Status Conditions fo the licence/ Permit Amendments, suspension or revocation Reasons for Amendments, suspension or revocation Renewals of licence or permit and reasons for non renewal Endorsement by Director General/ Executive Director MFEZ Particulars of Investors Name of firm:... Date of registration:... Nature of Project:...

32 390 Statutory Instruments 24th August, 2007 (Regulation 15 (2)) FORM ZDA VI ZAMBIA DEVELOPMENT AGENCY STATEMENT OF ANNUAL RETURNS ON EMPLOYMENT Name of Firm: Year ended:... (a) Employment Performance Employment Category Previous Year Actual for Year Plan for Next Year Local Foreign Local Foreign Local Foreign Management Staff Technical and Supervisory Staff Workers: (a) Skilled (b) Unskilled Others (b) Training for Local Staff Employment Category Number of Nature of Training Trained Staff Management Staff Technical and Supervisory Staff Workers: (a) Skilled (b) Unskilled Others

33 24th August, 2007 Statutory Instruments 391 (Regulation 15 (2)) FORM ZDA VII ZAMBIA DEVELOPMENT AGENCY STATEMENT OF ANNUAL RETURNS ON SALES Name of Firm:.. Year ended: PRODUCT/SERVICE LOCAL SALES EXPORTS Export Markets Quantity Units VALUE*(a) Quantity Units VALUE* TOTAL (b) (a+b) TOTAL * Please indicate the assumed exchange rate

34 392 Statutory Instruments 24th August, 2007 (Regulation 15 (2)) FORM ZDA VIII ZAMBIA DEVELOPMENT AGENCY STATEMENT OF ANNUAL RETURNS OF AMOUNTS INVESTED Name of Firm: Year Ended: Equity contribution (a) Local (b) Foreign ZMK US$ SUB-TOTAL Other sources of funds Loan Other (specify) SUB-TOTAL TOTAL INVESTMENT *Please indicate the assumed exchange rate where applicable LUSAKA 14th August, 2007 F. MUTATI, Minister of Commerce, Trade and Industry