Export Incentives Act
- Assented to on 18 May 1988
- Commenced on 1 June 1989
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Export Incentives Act.
2. InterpretationIn this Act, unless the context otherwise requires—“Bank” means the Reserve Bank of Malawi established by the Reserve Bank of Malawi Act;[Cap. 44: 02]“Committee” means the National Export Policy Committee established by section 4;“Council” means the Export Promotion Council of Malawi established by the Export Promotion Council Act;[Cap. 39: 03]“export sales” mean a value determined from invoices, bills of lading, inward letters of credit, landing certificates and other commercial documents of products of Malawi exported directly from Malawi by a registered exporter in a financial year;“Foreign Exchange Revolving Fund” means the Fund established under section 11;“production” means any process by which value is created or added to the value of products already in existence, to transform or change the nature or state of the products;“Minister” means the Minister responsible for trade and industry;“registered exporter” means a person registered by the Council under Part V to report products of Malawi;“financial year” means any period of twelve months in respect of which export incentives are claimable under this Act.
Part II – Administration of this Act
3. Duties and powers of the Minister
4. Establishment and composition of the CommitteeThere is hereby established a committee to be known as the National Export Policy Committee which shall consist of—
5. Functions of the CommitteeSubject to any general or special directions of the Minister, the functions of the Committee shall be—
6. Proceedings of the Committee
7. Disclosure of interest
8. Immunity of committee membersNo action or other proceedings shall lie or be instituted against any member of the Committee for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act.
9. Secretarial of the CommitteeThe Ministry of Trade, Industry and Tourism shall form the secretariat of the Committee.
10. Functions of the Council
Part III – Foreign Exchange Revolving Fund
11. Foreign Exchange Revolving Fund
12. Registered exporters to have access to the Foreign Exchange Revolving Fund
13. Standing orders for the administration of the Foreign Exchange Revolving FundThe Committee may, under the hand of the Chairman, make standing orders containing provisions for the administration of the Foreign Exchange Revolving Fund and may, in such standing orders—
Part VI – Export incentives and technical assistance to registered exporters
14. Income tax allowance
15. Duty drawback
16. Council to provide technical assistance to registered exportersThe Council shall provide technical assistance to registered exporters in the following activities—
Part V – Registration of exporters
17. Application for registration
18. Processing applicationsUpon receipt of an application, the Council shall consider the application and register the applicant as a registered exporter if it is satisfied that—
19. Certificate of registration
20. Refusal of application for registration
21. Registered exporter to keep and maintain books of account and to furnish returnsEvery registered exporter shall keep and maintain proper books of account and shall, within such period and in such form as may be prescribed, submit returns to the Council on products of Malawi exported by him.
22. Confidentiality of informationAny information given by a registered exporter in his application for registration and in any periodic returns submitted by him to the Council under section 21 shall be confidential.
23. Cancellation and withdrawal of a certificate of registration
24. Cancellation in other circumstancesWhere a registered exporter—
25. Failure to surrender a certificate where registration cancelledA person who, without valid excuse, fails forthwith to surrender to the Council a certificate of registration where the registration has been cancelled shall be guilty of an offence.
26. Cancellation of not to debar future registrationA cancellation of registration shall not disqualify the former registered exporter from being considered for fresh registration in accordance with this Act.
Part IV – Miscellaneous
27. Appeals to the MinisterAn aggrieved registered exporter or former registered exporter may appeal to the Minister against the decision of the Council or the Committee and the decision of the Minister upon such appeal shall be final and shall not be subject to review by, or to any question in, any court.
29. RegulationsThe Minister may make regulations for carrying out or giving effect to the provisions of this Act and, without prejudice to the generality of the foregoing, such regulations may—
30. Non-application of the Act to certain products, etc.The Minister may, by order published in the Gazette, exclude from the application of all or any of the provisions of this Act—
History of this document
01 June 1989
18 May 1988