ZAMBIA DEVELOPMENT AGENCY ACT: SUBSIDIARY LEGISLATION

"commercial activity" means any activity in connection with contracts, bankruptcy, patents, trademarks, designs, companies, partnerships, export and import of merchandise, affreightments, insurance, banking, agency and usage;

"Commissioner-General" has the meaning assigned to it in the Zambia Revenue Authority Act;

"multi-facility economic zone" means any area or premises in Zambia that has been declared a multi-facility economic zone under section 18; and

"officer" means an employee of the Zambia Development Agency.

3. Facilities and services to be maintained in multi-facility economic zone

The Agency may require an investor to provide and maintain in a multi-facility economic zone standard infrastructure, ready-made standard factory buildings, warehouse, factory space, telecommunication facilities, water and seweage networks, uninterrupted power supply source, internal roads, waste water treatment and such other facilities as are required for the effective and efficient operation of the multi-facility economic zone.

4. Production of goods or services in multi-facility economic zone

A business enterprise may, in accordance with the conditions attached to its licence, produce for export or the local market, any of the goods or services specified in the licence.

5. Prohibition of unauthorised activities

An investor shall not, within a multi-facility economic zone, carry out any activity not authorised by the licence or permit.

6. Application for permit

(1) A person who wishes to develop an area, premises or buildings as a multi-facility economic zone pursuant to section sixty- eight of the Act shall submit an application for a permit to the Board in Form ZDA I set out in the Schedule.

(2) An application made under sub-regulation (1) shall be accompanied by an application fee of five hundred and fifty-five fee units and the following documents:

(a) a certified copy of the articles of association;

(b) a certified copy of the certificate of incorporation; (c) a certified copy of the certificate of share capital;

(d) a copy of the latest annual report and audited financial statements if the applicant company has been in operation for more than one year;

(e) a copy of projected financial statements, if the applicant company has been incorporated for less than one year;

(f) a certified photocopy of the passport or national registration card showing the nationality and place and date of birth of the person named as a Director or Secretary of the company in the application for incorporation; and

(g) a detailed business plan and in the case of an application for a permit, a plan of the proposed facilities drawn to scale showing—

(i) the full extent of the area to be developed as a multi- facility economic zone;

(ii) any building restrictions; and

(iii) the proposed or existing layout of the facilities.

7. Application for licence

(1) A person who wishes to operate a business enterprise in a multi-facility economic zone pursuant to section sixty-eight of the Act shall submit an application for a licence to the Board in Form ZDA II set out in the Schedule.

(2) An application referred to under sub-regulation (1) shall be accompanied by an application fee of five hundred and fifty- five fee units and the following documents:

(a) a certified copy of the articles of association;

(b) a certified copy of the certificate of incorporation;

(d) a copy of the latest annual report and audited financial statements if the applicant company has been in operation for more than one year;

(e) a copy of projected financial statements, if the applicant company has been incorporated for less than one year;

(g) a detailed business plan.

8. Consideration before grant of licence or permit

In considering an application for a licence or permit, the Board shall have regard to—

(a) the level of local and foreign direct investment;

(b) the attraction of local and foreign indirect investment;

(d) the extent of skills development and transfer to local entrepreneurs and communities;

(e) the extent to which the project will lead to expansion of local production;

(f) the level of utilisation of local raw materials and intermediate goods;

(g) the introduction and transfer of technology;

(h) the production of new products;

(i) the impact that the proposed investment is likely to have on the environment and the measures proposed to deal with an adverse environmental consequence in accordance with the Environmental Protection and Pollution Control Act;

(j) the extent to which the project will lead to the diversification of the economy;

(k) the extent to which the project will lead to increased foreign exchange earnings;

(l) the degree to which the project is export oriented;

(m) the extent to which the project leads to import substitution;

(n) the extent to which the project leads to utilisation of preferential trade agreements;

(o) the extent to which the project leads to social development; and

(p) any other considerations relevant for purposes of the Act.

9. Issue of licence or permit

(1) Where the Board approves an application for a licence or permit, it shall issue to the applicant a licence or permit specifying—

(a) the name, nationality and address of the applicant;

(b) the legal status of the business enterprise, whether as a body corporate, partnership, association or other type of entity, its registered or other office and the names and nationalities of the chief executive and the directors or other office bearers;

(c) a description of the proposed project or investment, and of the approved activity which is authorised by the licence or permit;

(d) the nature and the amount or value of the domestic or foreign investment, where applicable, the period or periods within which they shall be invested;

(e) the date of issue and expiry of the licence or permit;

(f) the terms and conditions of the licence or permit; and

(g) any other matter which the Board considers necessary to give effect to the Act.

10. Application for variation of licence or permit

An investor may apply for a variation of a licence or permit stating reasons for the application, upon payment of a fee of five hundred and fifty-five fee units.

11. Renewal of licence or permit

An investor who wishes to renew a licence or permit pursuant to section seventy-two of the Act shall submit an application to the Board six months prior to the expiration of the current licence or permit in Form ZDA III or Form ZDA IV respectively set out in the Schedule and the application shall be accompanied by a fee of five hundred and fifty-five fee units.

12. Inspection of Register

(1)The Board shall maintain a Register of licences and permits in Form ZDA V set out in the Schedule.

(2)The Register kept under sub-regulation (1) shall be open for inspection by members of the public at all reasonable times at the office of the Agency on payment of a fee of six hundred fee units.

13. Records to be kept by an investor

An investor shall keep, at the investor's place of business or premises, and maintain in a form and manner conforming to accepted accounting standards—

(a) a register into which shall be entered the assets and liabilities of the investor;

(b) books of accounts, invoices, customs permits and other documents relating to or connected with their operations in a multi-facility economic zone; and

14. Notification of incentives to investor

(1) The Agency shall, where it grants a licence or permit to an investor inform the Commissioner-General about the grant, attaching copies of the licence or permit, within seven days of the grant.

(2) The Commissioner-General shall, within fourteen days of receipt of a notification under sub-regulation (1), notify the investor of the incentives awarded and in relation to the licence or permit, the validity period of the incentives.

15. Rights and obligations of investor in multi- facility economic zone

(1)An investor may—

(a) appoint an agent or representative to undertake the management and administration of the multi-facility economic zone or a business in a muti-facility economic zone on behalf of the investor; and

(b) lease, sub-lease or sell land or buildings to a licenced multi-facility economic zone investor, and may charge rent or fees for other services that may be provided in the multi-facility economic zone.

(2) An investor shall—

(a) not assign, cede, or otherwise transfer the permit or licence without prior approval of the Agency;

(b) obtain approval from the Agency before making improvements to the multi-facility economic zone and its facilities;

(c) maintain adequate security and suitable provision for the movement of persons, conveyances, vessels and goods entering or leaving the multi-facility economic zone;

(d) enforce measures, for the business or activity carried out within the zone, which promote the safety and efficiency of its operations;

(e) inform the Agency if it is unable to implement the investment prescribed in the licence or permit within thirty days of the investor becoming aware of the non- implementation of the investment;

(f) inform the Agency, without delay of any material change in the information or particulars furnished by the investor at the time the investor applied for the licence or permit; and

(g) submit on an annual basis the following:

(i) a statement of returns on employment on Form ZDA VI set out in the Schedule;

(ii) a statement of returns on sales on Form ZDA VII set out in the Schedule; and

(iii) a statement of returns on the amount invested on Form ZDA VIII set out in the Schedule.

16. Types of business enterprises

The Board may grant licences in respect of the following types of business enterprises to operate in a multi -facility economic zone:

(a) commercial business enterprise; and

(b) production business enterprise.

17. Suspension or revocation of licence or permit

(1) Subject to the other provisions of these Regulations, the Board may suspend or cancel any licence or permit if an investor

(a) obtained the licence or permit by fraud, deliberate or negligent submission of false information or statements;

(b) transfers or otherwise assigns a licence or permit without the prior approval of the Board;

(d) fails without reasonable cause to establish the business enterprise within the time stipulated in the licence or any extension thereof.

(2) The Board shall, before suspending or cancelling a licence in accordance with sub-regulation (1), give written notice to the investor of its intention to suspend or cancel the licence and the grounds for the suspension or cancellation and require the investor to show cause within a period of not more than thirty days why the licence or permit should not be suspended or cancelled.

(3) The Board shall not suspend or cancel any licence under this section if the investor takes remedial measures to the satisfaction of the Board within the period of thirty days referred to in sub- regulation (2).

(4) If the investor notified under sub-regulation (2) fails to show cause to the satisfaction of the Board or does not take remedial measures to the satisfaction of the Board within the time specified in that sub-regulation, the Board may suspend or cancel the licence or permit.

(5) Where a licence or permit is suspended, the holder of the licence or permit shall cease to be entitled to the rights and benefits conferred under the Act and these Regulations for the period of the suspension.

(6) Where a licence or permit is cancelled, the holder of the licence or permit shall cease to be entitled to the benefits conferred under the Act or these Regulations with effect from the date of such cancellation and shall return the licence to the Director General.

(7) Any person who is aggrieved by any decision of the Board under this section may appeal to the Minister subject to further appeal to the High Court.

18. Offences and penalty

An investor who contravenes regulations five, thirteen or sub-regulation (2) of regulation fifteen commits an offence and is liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

SCHEDULE

[Regulations 6 (1), 7 (1), 11, 12 (1) and 15 (2)]

PRESCRIBED FORMS

[Regulation 6 (1)]

FORM ZDA I

ZAMBIA DEVELOPMENT AGENCY

APPLICATION FOR A PERMIT

PART 1
INVESTOR's BACKGROUND

Company Name:.................................

Postal Address:...................................

Physical Address:..................................

Telephone Numbers: ....................................

Fax Number:.............................................

E-mail Address:............................................

Registered office:................................................................ ..................

Date of Registration: .............................................................. ..........

Origin of Investment Funds: .......................................

Business of Investing Company:...................................................

Total Cost of the Project:.................................

Business Proposed for Multi-Facility Economic Zone:..................

Proposed Date of Commencement of Project Implementation:.............

PARTICULARS OF DIRECTORS

Name	Passport/NRC Number	Nationality	Tel No. Fax No.	E-mail Address	Residential Address

DETAILS OF SHAREHOLDERS

Name	Nationality	% of Shareholding

PART 2
DETAILS OF THE PROPOSED PROJECT

INVESTMENT PROPOSED DURING THE 1ST THREE YEARS

	Year One	Year Two	Year Three
	ZMK	US$	ZMK	US$	ZMK	US$

Equity contribution
(a) Local
(b) Foreign

SUB-TOTAL
Other sources of funds
Loan
Other (specify)
SUB-TOTAL
TOTAL
INVESTMENT

*Please indicate the assumed exchange rate where applicable

DETAILS OF THE PROPOSED SITE

Location of the proposed Multi-Facility Economic Zone:

(a) District:................................

(b) City/Town:..............................

(d) Other information on location (if any).................

(e) Size (Hectares) of area proposed for Multi-Facility Economic Zone.....

Is the proposed Multi-Facility Economic Zone land owned by the investor?

Yes ........

No .........

If not, describe current status of its ownership and investor's intentions on acquisition:

..............................................

.............................................

Is the proposed Multi-Facility Economic Zone site part of a large development at this site?

Yes.......

No ...........

If so, describe size (Hectares) and activities planned for the non-Multi-Facility Economic Zone area.............................................

INTERNATIONAL TRANSPORT ACCESS

Proximity to—

(a) Major Roads in Km (specify distance)

..............................

(b) Rail in Km ((specify distance)

..............................

(d) Seaport/Harbour (specify distance)

..............................

DEVELOPMENT PLAN FOR THE MULTI-FACILITY ECONOMIC ZONE

An outline of the development plan for the Multi-Facility Economic Zone should be submitted with the application covering the key elements of the establishment, construction, promotion and operation of the zone. Indicate key elements as follows:

(i) Proposed date for commencement of site development and construction: ................

(ii) Main land use components planned: ............................

(iii) Serviced site (m2): ..................

Production/Factory buildings (m2):.............................................

Warehousing (m2}:.....................................................................

Office Building (m2):............................................................

Other ((m2) (specify:-.................................................................

(iii) Status of site in relation to local planning and development regulations

Has permission for development been sought from the local authorities in accordance with the

Town and Country Planning Act?

YES ......

NO ......

If so, attach evidence of the permission:......................

Have the necessary statutory approvals been obtained or sought from the labour authorities with respect to the suitability of the premises for use by workers in accordance with the Factories Act?

YES ....

NO .....

If so, attach evidence of the permission:.......................

(iv) Environmental Impact Assessment

Is an Environmental Impact Assessment or Project Brief required to be undertaken in accordance with the Environmental Protection and Pollution Control Act?

YES ....

NO .......

If yes, the Agency may require an Environmental Impact Assessment or Project Brief certified by the Environmental Council of Zambia prior to project implementation.

(v) Promotion by investor of Multi-Facility Economic Zone

Has promotion of the Zone been undertaken by the investor?

YES ......

NO .......

If YES, summarize results to date:...........................

What plans do the investors have for promotion of the Zone?..............

Planned spending on promotion in Year 1 (ZMK)(US$):..............

Countries targeted for promotion in Year 1:......................

Sector/Industries targeted for promotion in Year 1:...................

(vi) Specific projects or industries which you wish to locate in the Zone:...................................

INFRASTRUCTURE

The activities will require support infrastructure such as water, effluent and waste disposal facilities, electricity and telecommunication. In so far as you can anticipate or forecast, indicate likely demand on these services in the first 3 years.

(i) Details on water requirements for the Project

	YEAR 1	YEAR 2	YEAR 3
Estimated daily consumption of water
Effluent and water disposal

(ii) Details on electricity requirements for the Project

	YEAR 1	YEAR 2	YEAR 3
Connected lighting load (KW)
Maximum demand (KVA)
Hours of operation

(iii) Details on communications requirements for the Project

		NUMBER DATE REQUIRED
TELEPHONE	Lines
	Extensions
	Telefax
EMAIL SERVICES

Other services required (please specify):-.......................

Any other information ..............................

PART 3
DECLARATION

I/We..................................................................................... hereby declare that the particulars given in this application are to the best of my/our knowledge and belief, true and correct and that any estimates given in this application have been given in good faith and with all due care.

I am/We are aware that any Permit can be suspended or revoked in accordance with the Zambia Development Agency Act of 2006 if any information given in this application is found, among other things, to be false or misleading or if the permit is found to have been obtained on the basis of fraud or negligent misrepresentation.

.....................

Signature of Declarant

Director/Secretary .......

Date.............

COMPANY SEAL

FORM ZDA II

[Regulation 7 (1)]

ZAMBIA DEVELOPMENT AGENCY

APPLICATION FOR A LICENCE

PART I
INVESTOR's BACKGROUND

Company Name:................................................................... ..........

Postal Address :........................................................................

Physical Address:......................................................... ..........

Telephone Number:................................................................ ...........

Fax Number:.....................................................................................

E-mail Address:........................................................... ................

Registered office:.................................. .................. ............

Date of Registration................................................ ........

Origin of investment funds:...............................................................

Business of investing Company:.....................................................

Total Cost of the Project:...................................................... .............

Business Proposed for Multi-Facility Economic Zone:....................... ..............

Proposed Date of Commencement of Project Implementation:.....................................

PARTICULARS OF DIRECTORS

Name	Passport/ NRC Number	Nationality	Tel No. Fax No.	E-mail Address	Residential Address

Warehouse Area (m2):...............................

Office Area (m2)................................

PLANT AND EQUIPMENT

Particulars of machinery, vehicles, office equipment, furniture and fixture

Details of Assets	Origin	Cost In ZMK	Cost In US$




TOTAL

SERVICES

(i) Details on water requirements for the Project

	Year 1	Year 2	Year 3
Estimated daily consumption of water

(ii) Electricity requirements for the Project

	Year 1	Year 2	Year 3
Connected load (KW)
Maximum demand (KVA)
Hours of operation

(iii) Communications requirements for the Project

		Number	Date Required
TELEPHONE	LINES
	EXTENSIONS
	TELEFAX
E-MAIL	LINES

ENVIRONMENTAL CONSIDERATIONS

(a) Name of waste products (if any) ................................

(b) Method of Disposal. .................................... (c) Is an Environmental Impact Assessment (EIA) or Project Brief required to be undertaken in accordance with the Environmental Protection and Pollution Control Act?

Yes .... No ....

If yes, the Agency may require such an Environmental Impact Assessment (EIA) or Project Brief report certified by the Environmental Council of Zambia prior to project implementation:.....................................

[Ed Note: Part II missing in the original SI.]

PART 3
RELATIONSHIP TO EXISTING OPERATIONS OF INVESTORS IN ZAMBIA

Do the investors have an existing operation in Zambia producing similar goods or services to those now proposed for the multi-facility economic zone.

YES

If YES, give a brief description of existing operations:............. ....................

Location (s):..................................................................................

Description of Goods/Services................................................... ............................

Number of employees at Location (s):................................................

Current Output ZMK (US$)

Will output, jobs and investment in the proposed Multi-Facility Economic Zone be additional to existing activities?

YES............

NO...............

If YES please elaborate:.........................................

Other services required (please specify):...............................

Any other information:........................................................

PART 4
DECLARATION

I/We.......................... hereby declare that the

particulars given in this application are to the best of my/our knowledge and belief, true and correct and that any estimates given in this application have been given in good faith and with all due care.

I am/We are aware that the Licence can be suspended or revoked in accordance with the Zambia Development Agency Act of 2006, if any information given in this application is found, among other things, to be false or misleading or if the licence is found to have been obtained on the basis of fraud or negligent misrepresentation.

..........................

Signature of the declarant

Full name (in block) Letters:-.....................

Director/Secretary ............................

Date:....................................

Company Seal

FORM ZDA III

[Regulation 11]

ZAMBIA DEVELOPMENT AGENCY APPLICATION FOR RENEWAL OF LICENCE

PART I
INVESTOR's BACKGROUND

Company Name:.......................................................................

Postal Address :.....................................................................

Physical Address:......................................................................

Telephone Number:....................................................................

Fax Number:..........................................................................

E-mail Address:......,.............................................................

Registered office :..................................................

Date of Registration....................................................................

Origin of investment funds:...........................................................

Total Cost of Project:..............................................................

Nature of Business:............................................

Date of issuing the licence:...............................................

Date of expiry of the licence:............................

Sector and/ or Products:.............................

PARTICULARS OF DIRECTORS

Name	Passport/ NRC Number	Nationality	Telephone Fax No. No.	E-mail Address	Residential Address

DETAILS OF SHAREHOLDERS

Name	Nationality	% Shareholding

PART 2
PERFORMANCE OF THE PROJECT IN THE PAST THREE YEARS SALES FOR THE PAST THREE YEARS

Products	Year 1	Year 3	Year 3
	Sales Value	Market	Sales Value	Market	Sales Value	Market

EMPLOYMENT RECORDS FOR THE PAST THREE YEARS

Employment Category	Year 1	Year 2	Year 3
	Local	Foreign	Local	Foreign	Local	Foreign
Management Staff
Technical and
Supervisory Staff
Workers: (a) Skilled
(b) Unskilled
Others

INVESTMENT FOR THE PAST THREE YEARS

	Year One	Year Two	Year Three
	ZMK	US$	ZMK	US$	ZMK	US$
Equity contribution
(a) Local
N(b) Foreign
SUB-TOTAL
Other sources of funds
Loan
Other (specify)
SUB-TOTAL
TOTAL INVESTMENT

*Please indicate the assumed exchange rate where applicable

PART 3
DETAILS OF THE PROPOSED INVESTMENT FOR THE NEXT THREE YEARS INVESTMENT PROPOSED DURING THE NEXT THREE YEARS

Year One

Year Two

Year Three

ZMK

US$

ZMK

US$

ZMK

US$

Equity contribution

(a) Local

(b) Foreign

SUB-TOTAL

Other sources of funds

Loan

Other (specify)

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ZAMBIA DEVELOPMENT AGENCY ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Zambia Development Agency Act (Commencement) Order, 2006

Multi-facility Economic Zones (General) Regulations, 2007

Zambia Development Agency (Lusaka South Multi-Facility Economic Zone)(Declaration) Order, 2010

Zambia Development Agency (Roma Industrial Park) (Declaration) Order, 2010

Zambia Development Agency (Sub-Sahara Gemstone Exchange Industrial Park) (Declaration) Order, 2010

Zambia Development Agency (Lusaka East Multi-Facility Economic Zone) (Declaration) Order, 2010

Zambia Development Agency (Lumwana Multi-Facility Economic Zone) (Declaration) Order, 2010

Zambia Development Agency (Multi-Facility Economic Zone and Industrial Park) (Priority Sectors) (Declaration) Order, 2014

Zambia Development Agency (Forms and Fees) Regulations, 2018

Zambia Development Agency (Jiangxi Multi-Facility Economic Zone) (Declaration) Order, 2021

ZAMBIA DEVELOPMENT AGENCY ACT (COMMENCEMENT) ORDER, 2006

[Section 1]

Arrangement of Paragraph

Paragraph

1. Title

2. Commencement of Act No. 11 of 2006

SI 74 of 2006.

1. Title

This Order may be cited as the Zambia Development Agency Act (Commencement) Order, 2006.

2. Commencement of Act No. 11 of 2006

The Zambia Development Agency Act, 2006, shall come into operation on the date of publication of this Order.

MULTI-FACILITY ECONOMIC ZONES (GENERAL) REGULATIONS, 2007

[Section 82]

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Facilities and services to be maintained on multi-facility economic zone

4. Production of goods and services in multi-facility economic zone

5. Prohibition of unauthorised activities

6. Application for permit

7. Application for licence

8. Consideration before applying for licence or permit

9. Issue of licence or permit

10. Application for variation of licence or permit

11. Renewal of licence or permit

12. Inspection of register

13. Records to be kept by investor

14. Notification of incentives to investor

15. Rights and obligations of investor in multi-facility zone

16. Types of business enterprises

17. Suspension or revocation of licence or permit

18. Offences and penalty

SCHEDULE

SI 65 of 2007.

1. Title

These Regulations may be cited as the Multi-Facility Economic Zones (General) Regulations, 2007.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"Act" means the Zambia Development Agency Act, 2006;

"Commissioner-General" has the meaning assigned to it in the Zambia Revenue Authority Act;

"multi-facility economic zone" means any area or premises in Zambia that has been declared a multi-facility economic zone under section 18; and

"officer" means an employee of the Zambia Development Agency.

3. Facilities and services to be maintained in multi-facility economic zone

4. Production of goods or services in multi-facility economic zone

A business enterprise may, in accordance with the conditions attached to its licence, produce for export or the local market, any of the goods or services specified in the licence.

5. Prohibition of unauthorised activities

An investor shall not, within a multi-facility economic zone, carry out any activity not authorised by the licence or permit.

6. Application for permit

(2) An application made under sub-regulation (1) shall be accompanied by an application fee of five hundred and fifty-five fee units and the following documents:

(a) a certified copy of the articles of association;

(b) a certified copy of the certificate of incorporation; (c) a certified copy of the certificate of share capital;

(d) a copy of the latest annual report and audited financial statements if the applicant company has been in operation for more than one year;

(e) a copy of projected financial statements, if the applicant company has been incorporated for less than one year;

(g) a detailed business plan and in the case of an application for a permit, a plan of the proposed facilities drawn to scale showing—

(i) the full extent of the area to be developed as a multi- facility economic zone;

(ii) any building restrictions; and

(iii) the proposed or existing layout of the facilities.

7. Application for licence

(2) An application referred to under sub-regulation (1) shall be accompanied by an application fee of five hundred and fifty- five fee units and the following documents:

(a) a certified copy of the articles of association;

(b) a certified copy of the certificate of incorporation;

(d) a copy of the latest annual report and audited financial statements if the applicant company has been in operation for more than one year;

(e) a copy of projected financial statements, if the applicant company has been incorporated for less than one year;

(g) a detailed business plan.

8. Consideration before grant of licence or permit

In considering an application for a licence or permit, the Board shall have regard to—

(a) the level of local and foreign direct investment;

(b) the attraction of local and foreign indirect investment;

(d) the extent of skills development and transfer to local entrepreneurs and communities;

(e) the extent to which the project will lead to expansion of local production;

(f) the level of utilisation of local raw materials and intermediate goods;

(g) the introduction and transfer of technology;

(h) the production of new products;

(j) the extent to which the project will lead to the diversification of the economy;

(k) the extent to which the project will lead to increased foreign exchange earnings;

(l) the degree to which the project is export oriented;

(m) the extent to which the project leads to import substitution;

(n) the extent to which the project leads to utilisation of preferential trade agreements;

(o) the extent to which the project leads to social development; and

(p) any other considerations relevant for purposes of the Act.

9. Issue of licence or permit

(1) Where the Board approves an application for a licence or permit, it shall issue to the applicant a licence or permit specifying—

(a) the name, nationality and address of the applicant;

(c) a description of the proposed project or investment, and of the approved activity which is authorised by the licence or permit;

(d) the nature and the amount or value of the domestic or foreign investment, where applicable, the period or periods within which they shall be invested;

(e) the date of issue and expiry of the licence or permit;

(f) the terms and conditions of the licence or permit; and

(g) any other matter which the Board considers necessary to give effect to the Act.

10. Application for variation of licence or permit

An investor may apply for a variation of a licence or permit stating reasons for the application, upon payment of a fee of five hundred and fifty-five fee units.

11. Renewal of licence or permit

12. Inspection of Register

(1)The Board shall maintain a Register of licences and permits in Form ZDA V set out in the Schedule.

(2)The Register kept under sub-regulation (1) shall be open for inspection by members of the public at all reasonable times at the office of the Agency on payment of a fee of six hundred fee units.

13. Records to be kept by an investor

An investor shall keep, at the investor's place of business or premises, and maintain in a form and manner conforming to accepted accounting standards—

(a) a register into which shall be entered the assets and liabilities of the investor;

(b) books of accounts, invoices, customs permits and other documents relating to or connected with their operations in a multi-facility economic zone; and

14. Notification of incentives to investor

(1) The Agency shall, where it grants a licence or permit to an investor inform the Commissioner-General about the grant, attaching copies of the licence or permit, within seven days of the grant.

15. Rights and obligations of investor in multi- facility economic zone

(1)An investor may—

(a) appoint an agent or representative to undertake the management and administration of the multi-facility economic zone or a business in a muti-facility economic zone on behalf of the investor; and

(2) An investor shall—

(a) not assign, cede, or otherwise transfer the permit or licence without prior approval of the Agency;

(b) obtain approval from the Agency before making improvements to the multi-facility economic zone and its facilities;

(c) maintain adequate security and suitable provision for the movement of persons, conveyances, vessels and goods entering or leaving the multi-facility economic zone;

(d) enforce measures, for the business or activity carried out within the zone, which promote the safety and efficiency of its operations;

(e) inform the Agency if it is unable to implement the investment prescribed in the licence or permit within thirty days of the investor becoming aware of the non- implementation of the investment;

(f) inform the Agency, without delay of any material change in the information or particulars furnished by the investor at the time the investor applied for the licence or permit; and

(g) submit on an annual basis the following:

(i) a statement of returns on employment on Form ZDA VI set out in the Schedule;

(ii) a statement of returns on sales on Form ZDA VII set out in the Schedule; and

(iii) a statement of returns on the amount invested on Form ZDA VIII set out in the Schedule.

16. Types of business enterprises

The Board may grant licences in respect of the following types of business enterprises to operate in a multi -facility economic zone:

(a) commercial business enterprise; and

(b) production business enterprise.

17. Suspension or revocation of licence or permit

(1) Subject to the other provisions of these Regulations, the Board may suspend or cancel any licence or permit if an investor

(a) obtained the licence or permit by fraud, deliberate or negligent submission of false information or statements;

(b) transfers or otherwise assigns a licence or permit without the prior approval of the Board;

(d) fails without reasonable cause to establish the business enterprise within the time stipulated in the licence or any extension thereof.

(7) Any person who is aggrieved by any decision of the Board under this section may appeal to the Minister subject to further appeal to the High Court.

18. Offences and penalty

SCHEDULE

[Regulations 6 (1), 7 (1), 11, 12 (1) and 15 (2)]

PRESCRIBED FORMS

[Regulation 6 (1)]

FORM ZDA I

ZAMBIA DEVELOPMENT AGENCY

APPLICATION FOR A PERMIT

PART 1
INVESTOR's BACKGROUND

Company Name:.................................

Postal Address:...................................

Physical Address:..................................

Telephone Numbers: ....................................

Fax Number:.............................................

E-mail Address:............................................

Registered office:................................................................ ..................

Date of Registration: .............................................................. ..........

Origin of Investment Funds: .......................................

Business of Investing Company:...................................................

Total Cost of the Project:.................................

Business Proposed for Multi-Facility Economic Zone:..................

Proposed Date of Commencement of Project Implementation:.............

PARTICULARS OF DIRECTORS

Name	Passport/NRC Number	Nationality	Tel No. Fax No.	E-mail Address	Residential Address

DETAILS OF SHAREHOLDERS

Name	Nationality	% of Shareholding

PART 2
DETAILS OF THE PROPOSED PROJECT

INVESTMENT PROPOSED DURING THE 1ST THREE YEARS

	Year One	Year Two	Year Three
	ZMK	US$	ZMK	US$	ZMK	US$

Equity contribution
(a) Local
(b) Foreign

SUB-TOTAL
Other sources of funds
Loan
Other (specify)
SUB-TOTAL
TOTAL
INVESTMENT

*Please indicate the assumed exchange rate where applicable

DETAILS OF THE PROPOSED SITE

Location of the proposed Multi-Facility Economic Zone:

(a) District:................................

(b) City/Town:..............................

(d) Other information on location (if any).................

(e) Size (Hectares) of area proposed for Multi-Facility Economic Zone.....

Is the proposed Multi-Facility Economic Zone land owned by the investor?

Yes ........

No .........

If not, describe current status of its ownership and investor's intentions on acquisition:

..............................................

.............................................

Is the proposed Multi-Facility Economic Zone site part of a large development at this site?

Yes.......

No ...........

If so, describe size (Hectares) and activities planned for the non-Multi-Facility Economic Zone area.............................................

INTERNATIONAL TRANSPORT ACCESS

Proximity to—

(a) Major Roads in Km (specify distance)

..............................

(b) Rail in Km ((specify distance)

..............................

(d) Seaport/Harbour (specify distance)

..............................

DEVELOPMENT PLAN FOR THE MULTI-FACILITY ECONOMIC ZONE

(i) Proposed date for commencement of site development and construction: ................

(ii) Main land use components planned: ............................

(iii) Serviced site (m2): ..................

Production/Factory buildings (m2):.............................................

Warehousing (m2}:.....................................................................

Office Building (m2):............................................................

Other ((m2) (specify:-.................................................................

(iii) Status of site in relation to local planning and development regulations

Has permission for development been sought from the local authorities in accordance with the

Town and Country Planning Act?

YES ......

NO ......

If so, attach evidence of the permission:......................

Have the necessary statutory approvals been obtained or sought from the labour authorities with respect to the suitability of the premises for use by workers in accordance with the Factories Act?

YES ....

NO .....

If so, attach evidence of the permission:.......................

(iv) Environmental Impact Assessment

Is an Environmental Impact Assessment or Project Brief required to be undertaken in accordance with the Environmental Protection and Pollution Control Act?

YES ....

NO .......

If yes, the Agency may require an Environmental Impact Assessment or Project Brief certified by the Environmental Council of Zambia prior to project implementation.

(v) Promotion by investor of Multi-Facility Economic Zone

Has promotion of the Zone been undertaken by the investor?

YES ......

NO .......

If YES, summarize results to date:...........................

What plans do the investors have for promotion of the Zone?..............

Planned spending on promotion in Year 1 (ZMK)(US$):..............

Countries targeted for promotion in Year 1:......................

Sector/Industries targeted for promotion in Year 1:...................

(vi) Specific projects or industries which you wish to locate in the Zone:...................................

INFRASTRUCTURE

(i) Details on water requirements for the Project

	YEAR 1	YEAR 2	YEAR 3
Estimated daily consumption of water
Effluent and water disposal

(ii) Details on electricity requirements for the Project

	YEAR 1	YEAR 2	YEAR 3
Connected lighting load (KW)
Maximum demand (KVA)
Hours of operation

(iii) Details on communications requirements for the Project

		NUMBER DATE REQUIRED
TELEPHONE	Lines
	Extensions
	Telefax
EMAIL SERVICES