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How to get Export Processing Zones (EPZ) Developer/Operator License in Kenya

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How to get Export Processing Zones (EPZ) Developer/Operator License in Kenya by Kenyans247(1): Tue Jan 2020 03:48pm
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/b]
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

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

Mombasa Office
P.O. Box 89474,
VoIP lines: 020 7606043
Wireless: 020-3555361
Email: infomsa@epzakenya.com

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

License Costs

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

One year

Documents to Use
Application for Export Processing Zone Developer/Operators License

Application Forms and Permits

Sample Documents
Sample EPZ developer or operator license application http://www.epzakenya.com/UserFiles/files/Dummy%20EPZ%20developer%20operator%20licence%20application.doc

Processing Time
30 Days

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
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
Identity Card No. /Passport No.
Residential Address

Particulars of shareholders, developer and operator
No. of Shares
Value of Shares
Percentage Shareholding

Particulars of managers employed
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

Loan Capital
Status of Commitment of Loan Capital by Proposed Source

Signature of the Applicant

Need for the Document
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
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

Source https://www.wikiprocedure.com/index.php?title=Kenya_-_Export_Processing_Zones_(EPZ)_Developer/Operator_License

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