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Kenya - Export Processing Zones (EPZ) Developer/Operator License


Procedure

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The investor contacts the Export Processing Zones Authority with his initial project proposal and discusses it in some detail to see whether the intended activities are suitable for the EPZ scheme. The Authority provides the investor with appropriate application forms and the investor completes these and returns them to the Authority with a US$ 250 fee. The application covers such issues as intended company name, product description, shareholders, production flow chart, machinery requirements, production costs, intended markets, sources of technological know-how, project cost, sources of finance, employment created, utility requirements and intended location.

Within 30 days of receipt of the completed application the Authority advises the investor of the decision to accept, reject or accept with modifications the proposed investment project.

The approved applicant completes the registration of an EPZ company in Kenya whose articles of association and memoranda reflect only EPZ related activities.

The new firm is then issued with a letter of approval which will enable it to establish its activities in a gazetted export processing zone. This approval letter may have terms and conditions attached to it including:-

  • permitted activities
  • permitted volume of sales to the Kenyan market
  • date by which the firm must have commenced activities

Stage 1 - Investor: makes an enquiry on area of interest. EPZA: provides relevant information on the EPZ programme and on how to have the land gazetted.

Stage 2 - Investor: makes 2 written applications as follows:

  • Application for designation of the land area as an EPZ
  • Application for developer/operator license

The application or designation of the land area as an EPZ must have the following information:

  • Land reference number and map of the site and surroundings
  • Area of the site in acres
  • Layout of on-site infrastructure facilities including roads & buildings
  • Designs for proposed infrastructure including:-
    • Proposed roads according to established standard
    • Provision of power at the zone at 11 KV
    • Water supply of 25 cubic metres per day
    • Clearance between boundary wall and buildings of at least 6 metres
    • Security wall or fence with adequate illumination
    • Adequate area for customs inspection and a holding area
    • Adequate working areas for workers with acceptable indispensable basic services
    • Any other standards that the Authority may determine

The Application for developer/operator license provides the following information:

  • Share-holders and directors
  • Company name and registered office
  • Zone Concept 4. Project Cost
  • Project financing
  • Zone marketing
  • Zone operation

EPZA: evaluates applications, opens a file for the project and sends blank application forms with a dummy as an example (provided project proposal is in line with desired EPZ activities). Investor is advised on any amendments necessary.

Stage 3 - Investor: lodges duly completed application forms with a payment of US$ 250 non-refundable application fee.

EPZA: Acknowledges receipt of application, visits and evaluates the site and advices on any necessary amendments. The formal application then undergoes project appraisal and goes through the License Review Committee.

Stage 4 - EPZA: advises investor on the acceptance of project within 30 days of receipt of completed application. This is done in the form of a letter of approval in principle outlining terms and conditions to be met before licensing. It also states the conditions to be contained in the license.

Investor: Meets conditions, incorporates EPZ company, registers the lease or land title in its name & forwards certified copies to EPZ Legal Department.

Stage 5 - EPZA: Project is presented to EPZA Board which then recommends the gazettement of the new zone to the Minister for Trade & Industry who then approves it. The Minister's approval is sent to the Attorney General's Chambers and the land is gazetted as an EPZ

Investor: Pays US$5,000 annual licence fee & can begin operations.

For an area to be gazetted as an EPZ, the developer must:

  • Own the land on freehold basis or have a leasehold title valid for a minimum of 30 years, and
  • The land title should be free of any encumbrances (in a case where the title has been used as collateral for a loan, a "letter of no objection" must be obtained from the lending institution).

Criteria: EPZ projects are evaluated on the following basis:

  • Established incremental production investment.
  • Development of new export products and new export markets (with at least 80% export orientation).
  • Linkage development with the Kenyan economy.
  • Job generation, technology transfer & local Linkages.

Important notes:

  • Registration of the lease is usually done at the land registry responsible for that particular locality and EPZA provides the applicant with a letter informing the land registrar that the project is an EPZ one and is as such, exempt from paying stamp duty.
  • Before registration of the company the draft memorandum and articles of association must be forwarded to the Corporate Department of EPZA for approval. On approval, a EPZA issues a letter addressed to the registrar of companies indicating that the company has been approved as an EPZ enterprises and is therefore exempt





Required Documents

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  • Copy of certificate of title
  • Site location map
  • Lay out plan of infrastructural the site
  • Description of zone concept
  • Bank reference letter






Office Locations & Contacts

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Export Processing Zones Authority - Head Office
Administration Building, Viwanda Road,
off Nairobi-Namanga Highway,
Athi River, Kenya
P.O. Box 50563
Nairobi 00200
Kenya
ISDN +254-45-6621000
VoIP Lines: 020-7606040/3
Cellphone (Safaricom):0713-051172/3; (Airtel):0786-683222/0733-683222
Email: info@epzakenya.com
website: Export Processing Zones Authority contacts



Eligibility

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Developing infrastructure and buildings for new zones to be occupied by EPZ enterprises




Fees

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  • Application Fee: Us$250
  • Annual License Fee: US$5,000

Validity

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One year




Documents to Use

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Sample Documents

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 Please attach sample completed documents that would help other people.

Processing Time

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30 Days



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Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	





Instructions

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  • Purpose: Development and Managing Export Processing Zones
  • Agency: Export processing Zones Authority
  • Contact Office: Export Processing Zones Authority HQS Athi River
  • Resolution Criteria: Has to comply with all requirements set out in legal notice no 228 of 1991



Required Information

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  • Particulars of Applicant/Company
    • Name of applicant
    • Address of applicant
    • Telephone No.
    • Name of Company which will act as the Developer
    • Date of Incorporation of the company
    • Address of the registered office
    • Telephone No.
    • Name of the Company which will act as the Operator
    • Date of incorporation of this Company
    • Address of the Company
    • Telephone No.
  • Particulars of directors, developer and operator
    • Name
    • Identity Card No. /Passport No.
    • Nationality
    • Residential Address
  • Particulars of shareholders, developer and operator
    • Name
    • No. of Shares
    • Value of Shares
    • Percentage Shareholding
  • Particulars of managers employed
    • Name
    • Designation
    • Qualifications and Experience
  • Project description
    • Location: (L. R. No. and other details)
    • Concept of the Export Processing Zones (Manufacturing/Commercial: Services to be provided by the Developer/Operator/size of each unit-factory planned, space leased. land sold, etc)
    • Agreement between the Developer and Operator (Terms of the Agreement)
    • Zone Ownership (Title to land, buildings, lease arrangements)
    • Licenses/approvals held
      • Gazette Notice No. designating the proposed location as an EPZ
      • Developers license No.
    • Licenses Applied
    • Promotion Strategy and Expected Occupancy Rates of the Zone
  • Particulars of Financial Condition
    • Proposed Paid-up Share Capital
      • Foreign
      • Kenyan
      • Total
    • Loan Capital
      • Amount
      • Source
      • Status of Commitment of Loan Capital by Proposed Source
  • Declaration
  • Signature of the Applicant





Need for the Document

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The EPZ developer/operator license is issued by the Export processing Zones Authority for those engaging in developing infrastructure and buildings for new zones to be occupied by EPZ enterprises




Information which might help

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  • No person shall carry on business as an export processing zone developer, export processing zone operator or hold himself out as providing or maintaining activities or facilities within an export processing zone enterprise unless he has been licensed as an export processing zone developer or an export processing zone operator.
  • The Authority may, on receiving application in the prescribed form, issue a license to any person to carry on business as an




Other uses of the Document/Certificate

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Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.




External Links

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Place some external links which might help.



Others

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More information which might help people.




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