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Secure SEZ Status

The establishment of a Special Economic Zone Authority, and the granting of tax incentives and other benefits.

Secure SEZ Status overview

Understand more about the process…

Special Economic Zones (SEZs) represent a wide variety of geographically-demarcated areas that offer simple and efficient business regulations and procedures to investors. Under the new SEZ regime, these zones will be promoted and facilitated as a strategy to attract and retain targeted investments while catalysing and sustaining economic activity across various sectors of the Jamaican economy.

Under this new SEZ regime companies can fall in either one of the following categories:

  • A Developer of an SEZ - is a company that undertakes the development of the zone, including roads, utilities etc. A Single Entity SEZ would also be classified as a SEZ Developer as well as an Occupant.
  • An Occupant of the SEZ - is a company that does business in the Zone and accesses the SEZ benefits.
    • A Zone User - is a company that undertakes business in the Zone or provides services to the Developer or Occupant(s) but does not benefit from SEZ fiscal incentives.
  • MSME Occupant of the SEZ – this is a company (micro, small or medium enterprise) operating under a sub-concession agreement under the MSME classification as prescribed by the Authority. See classification in the second schedule of the SEZ Act.

Determine your eligibility…

The Special Economic Zone Act provides for a Zone Establishment period, where companies that are currently operating cannot enter the regime for a period of 10 years from the passage of the SEZ Act (2016). The Act, while promoting investments in a range of industries specifically excludes activities in the following industries:

  • Extractive Industries.
  • Telecommunication Services.
  • Financial Services (regulated by Bank of Jamaica/ Financial Services Commission).
  • Real Estate & Property Management Services.
  • Catering Services.
  • Tourism Services.
  • Public utilities (not including generation of electricity for own use, etc.).
  • Construction Services (unless part of manufacturing within the SEZ).Health Services (excluding R&D).
  • Retail Trade

Companies engaged in these activities may apply to be a Zone User and provide services to SEZ companies but would not be able to access any of the fiscal incentives.

Eligibility Criteria:
Once a company is undertaking an approved activity, they can apply to become an SEZ Developer, Occupant or User. Below are the eligibility criteria of each category:

Developer Eligibility Requirements:

  • Company incorporated under the Companies Act of Jamaica.
  • Established to develop and or operate an SEZ under a master-concession or licence-agreement as approved by the SEZ Authority.
  • Approved to develop a Zone that is sufficient to accommodate at least three (3) SEZ Occupants or special approval as a Single-Entity Specialised Zone.
  • Issued or paid up share capital at the effective date of either a master-concession or licence-agreement must not be less than USD $1.5 M.
  • Minimum of USD $1.5 M issued and paid up share capital.
    • Master Concession Agreement if zone to be established is on public lands
    • Licensing Agreement if zone is to be established on privately-owned lands.

Occupant Eligibility Requirements:

  • Company incorporated under the Companies Act of Jamaica.
  • Conducts business in the SEZ under a sub-concession agreement with a developer and approved by the SEZ Authority.
  • Approved to operate from an approved SEZ with a Developers’ Sub Concession Agreement.
  • Issued or paid up share capital at the effective date of either a master-concession or licence-agreement must not be less than USD $25000.
  • Investments by the Occupant in the Zone related activities i.e. equipment, machines, facilities improvement etc. must be greater than USD $50000 within the first year of operation.


Zone User Eligibility Requirements:

  • Company incorporated under the Companies Act of Jamaica.
  • Approved to operate from an approved SEZ with authorisation by the SEZ Authority.

MSME Occupant Eligibility Requirements:

  • Company limited by shares and incorporated under the Companies Act of Jamaica.
  • Company meeting the requirements as prescribed by the Jamaica Special Economic Zone Authority.

Any business, regardless of size, once they meet the eligibility criteria can seek SEZ status as a Developer, Occupant or Zone User. In the case of a MSME Occupant, the SEZ Authority must also be convinced that the company has sufficient development potential and a growth plan which meets the objectives of the country. Additionally, the MSME is granted four (4) years within which it must put itself in a position to upgrade its status and meet the eligibility criteria of an Occupant.

Complete the relevant form(s) and provide any supporting information/documents…

You can visit the JSEZA website to download an application form, or you may request the application via email at info@jseza.com. You may also schedule an appointment with the JSEZA and a representative will assist you with filling out the documentation in order to complete and submit your application for SEZ status.

Application Requirements:
You are required to complete and submit the application form along with the other required documentation to the JSEZA. Your application fee should also be paid at this time and in order to ensure your application is processed expeditiously and within the relevant timeframe, please verify that all the information is completed fully, and the required supporting documents/information are submitted along with your application.

You will need to select the appropriate application form(s) to be completed and submitted along with the specified supporting documentation/information indicated below:

  • Application Forms to be completed and submitted to JSEZA.
  • Developer – a company may apply for developer status if the intention is to establish, manage, maintain and operate as the landlord of an SEZ. A single entity operator must apply for developer status. The Developer is the company that will be entering into a master-concession or a licence-agreement with the Authority.
  • Occupant – a company may apply for occupant status if the intention is to conduct business in the zone under a sub-concession agreement with a Developer.
  • Zone User – a company may apply for zone user status if the intention is to provide services to Developers or Occupants within an SEZ. This could include restaurant or manpower services. A Zone User does not benefit from the SEZ fiscal incentives.
  • Existing Entity Expansion – a company which intends to grow their operations, that is, if they require additional space for their existing structure, they must complete an Expansion Form.

 

Other Supporting Information to be included in the application for submission.

Developer:

  • Proof of payment of application fee
  • Certified copy of the Memorandum and Articles of Association
  • Certificate of Incorporation
  • Certified copy of Tax Registration Number
  • Certified copy of General Consumption Tax number
  • Certified copy of Tax Compliance Certificate
  • Affidavit - setting forth all relevant commercial information of the Applicant, including its name, address, nationality, owners, board of directors (or equivalent management committee), auditors, and bankers, as well as the capital-ownership shares of the Applicant
  • Copy of proposed sub-concession lease agreement
  • Surveyor’s ID report
  • Surveyor’s Technical Description
  • Surveyor’s ID Site Plan
  • Business Plan
  • Certified copy of the certificate of the legal right to land ownership or occupancy; or certified copy of a long-term lease agreement clearly stating the duration of the lease; or document establishing that the Applicant is in the process of obtaining occupancy rights to the subject land area
  • Affidavit clearing lands for use and, where applicable, supporting documents, showing third-party public or private occupants of the proposed land area declaring their written consent to the planned SEZ
  • Concept Master Plan
  • Certified drawings - certified by a registered architect, engineering drawings must be certified by a professional engineer and site and sub-division plans must be certified by a commissioned land surveyor
  • Preliminary land-use plan
  • Written statement explaining the general compatibility of the Concept Master Plan and Preliminary Land-Use Plan
  • Description of the type of SEZ proposed
  • Labour force and skill level requirement
  • Source of funds

 

Occupant:

  • Proof of payment of application fee
  • Certified copy of the memorandum and articles of association
  • Certificate of incorporation
  • Certified copy of Tax Registration Number
  • Certified copy of General Consumption Tax number
  • Certified copy of Tax Compliance Certificate
  • Affidavit - setting forth all relevant commercial information of the Applicant, including its name, address, nationality, owners, board of directors (or equivalent management committee), auditors, and bankers, as well as the capital-ownership shares of the Applicant
  • Copy of proposed sub-concession lease agreement
  • Surveyor’s ID report
  • Surveyor’s Technical Description
  • Surveyor’s ID Site Plan
  • Business Plan

 

For more information about this process, contact the JSEZA at info@jseza.com  or 1 (876) 619-SEZA (7392); or Visit JSEZA .

Submit your completed application…

Submission Requirements:
Once your registration form and any relevant supporting information/documents have been completed, signed, stamped and certified where required; you will need to visit JSEZA’s offices to submit your application for SEZ Status along with proof of payment of the relevant fee.

The address and contact information for the JSEZA is indicated below:

Jamaica Special Economic Zone Authority
13 Waterloo Road
Kingston 10
Jamaica W.I.
Tel: 1 (876) 619-SEZA (7392)
Email: info@jseza.com 
 

Monday – Thursday: 8:30 am – 5:00 pm
Friday: 8:30 am – 4:00 pm

Pay the relevant processing fees…

A non-refundable application fee is required and must be paid at the time of submission in order for your application to be processed. For Developer, an additional “Annual Fee” calculated based on area of the development in square feet (ft2) is also applicable. Payment can be made to by Manager’s Cheque, direct deposit or wire transfer to the Jamaica Special Economic Zone Authority.

 

Application Fees:

Developer: non-refundable fee

USD $3000 (one time)

Occupant: non-refundable fee

USD $1500 (one time)

Zone User: non-refundable fee

USD $100 (one time)

 

Licence Fees:

Developer: Annual fee for building spaces

USD $0.20 (per ft2)

Developer: Annual fee for non-building spaces

USD $0.05 (per ft2)

 

Please note: Fees are subject to updates.

 

Processing Time:

  • Developer Status - approximately sixty (60) working days.
  • Occupant Status - approximately forty-five (45) working days.
  • Zone User Status - approximately fifteen (15) working days.

Additional steps required for approval…

Once your application(s) has been submitted, there are some additional steps that the JSEZA will need to undertake as a part of their own due diligence process. This may include the following:

For SEZ Status Applications:

  • Review and assessment by JSEZA - carried out on the application and supporting documents.
  • Due Diligence/Site Visit - to be undertaken by JSEZA.
  • JSEZA’s Written Recommendation - submitted to Applicant and Minister (Pre-Approval Letter where investigation findings are favourable)
  • Minister’s Consideration - recommendations sent to Portfolio Minister (MEGJC)
  • Gazetted Order - where the Minister has no-objection to the recommendation, order is prepared and published.
  • SEZ Agreement - negotiated between JSEZA and applicant and finalised; or
    • SEZ Master Concession Agreement; or
    • SEZ Licencing Agreement
  • Operating Certificate - prepared and Applicant is notified of approval.

Collect your Approved Document(s)…

Once the review and assessment process has been completed and the SEZ Agreement finalised; the Authority will notify you that your application for your SEZ Status has been granted and that you may visit JSEZA to collect your document.

At the end of the process you would have received the following:

  • Your SEZ Master Concession Agreement; or SEZ Licencing Agreement
  • Your SEZ Operating Certificate