INTERNATIONAL TRADE ZONE ACT, 1995

PART V - MISCELLANEOUS

9. (1) The holder of a licence shall -

(a) keep proper and sufficient records to the satisfac- tion of the Authority;

(b) permit an employee or agent of the Authority or any other person authorised in writing by the Authority at all reasonable times to inspect and take copies or extract from the records kept under paragraph (a) and have access to any premises owned by or under the control of the holder of a licence and used for or in connection with the business which is the subject of the licence.

(2) Notwithstanding any other written law, no person other than an employee or agent of the Authority or any other person authorised in writing by the Authority or a police officer not below the rank of Inspector may enter any premises owned by or under the control of the holder of a licence and used for or in connection with the business which is the subject of the licence for the purposes of a written law.

(3) Subsection (1)(b) shall have effect and a person who may, under subsection (2), enter any premises owned by or under the control of the holder of a licence may do so -

(a) in the case of a person authorised by the Authority, in accordance with the authorisation;

(b) in any other case, for the purposes of the written law under which the person is acting,

notwithstanding section 3(2) and the Schedule.

10. The Authority or any member, officer or employee of the Authority and every person authorised under this Act or any other written law to have access to any document, record or information in respect of a business which is being carried on in a zone shall not divulge any such information or produce any such document or record except in accordance with this Act or any other written law or an order of the court.

11. (1) The Authority may, with the prior approval of the Minister responsible for Finance, authorize the holder of a licence to export goods or services covered by the licence for up to an amount or value prescribed to a person or institution in any part of Seychelles which is outside a zone.

(2) An authorization under subsection (1) may be subject to such reasonable conditions as the Authority may impose.

12. The Authority may, in a licence or generally by a notice published in the Gazette, prohibit the importation of any goods or services or any class or category of goods or services into a zone.

13. (1) A person who -

(a) contravenes this Act or, without a reasonable excuse, a condition of a licence;

(b) refuses or fails to furnish any information or produce any record or document or furnishes any information or produces a record or document which is false or misleading in a material particular under this Act;

(c) obstructs an employee or agent of the Authority or an person authorised under this Act to have access to the records or premises of the holder of a licence or to examine or take sample of any goods, machinery or by-product of a business which is the subject of a licence in the performance of their functions under this Act;

commits an offence and is liable on conviction to a fine of R50,000 and to imprisonment for 5 years.

(2) Without prejudice to the penalty under subsection (1), a person who has been convicted of an offence under the subsection shall be liable to pay any duty, tax or fees in connection with the offence which the person would have been liable to pay under this Act or any other written law.

14. (1) The Minister may make regulations for the purposes of this Act and without prejudice to the generality of the foregoing may, by regulations -

(a) amend the Schedule;

(b) prescribe fees payable in respect of a licence;

(c) prescribe conditions for a licence;

(d) prescribe any matter required to be pescribed under this Act.

(2) Where the Minister by regulations amend the Schedule or any regulations, the amendment shall not operate to the disadvantage of a person who is the holder of a licence at the time of the coming into effect of the regulations in connection with any concession enjoyed by the holder of the licence at the time.