Take Out and deposit of goods
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Free Exchange Money |
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Investments in the Free Zones |
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Assignment fees
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Regulation of Rent in the Free zones |
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Preliminary Provisions |
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- 100% ownership
- 100% repatriation of Capital and Profits
- No Personal Income Tax
- No corporate tax for 15 years renewable
- No currency restrictions
- No restrictions on entry and stay permits.
- Freedom of Labor recruitment
- Abundant and cost effective raw material and production resources
- Preferential markets in the regional economic group of COMESA (Common Market for
East and South Africa)
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When the Sudanese free Zones and Markets Company Act 1993 was declared by the President
this was actually a national announcement for Sudan to penetrate the international
arena of Free Zones industry in accordance, the Sudanese Free Zones Act 1994 has
been structured delegating and authorizing the SFZ to adopt, implement and enhance
the Free Zones Projects and investments.
Evidently, the Strategic location together with the diversified natural and productive
resources of Sudan constitute and avail an attractive investment platform in the
Sudanese free Zones.
Forwarding these General regulations of the Sudanese free Zones, the SFZ aims at
furnishing investors with the stipulated details of the Free Zones Act 1994 elaborating
the rights and duties in addition to facilities and incentives to ease the performance
of investments.
Yet, the pages of this publication will always remain open to host further supporting
decisions and circulars for making the bases and detailed rules for the implementation
of the provisions of these regulations as stated herein in Chapter (VII) Article
(49).
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This Act may be cited as the Free Zones and Duty free Shops Act, 1994 adopted by
transitional national assembly date July 1995 and signed by the president of the
republic dated 11 August 1995
Hints of Act
The Council of Ministers shall by resolution establish free zones in the Republic
of Sudan on a recommendation made by the competent Minister after consultation with
the company.
The objectives of the Free Zones shall be:
To increase the national income in hard and other currencies in order to encourage,
promote, diversify, and improve the quality of Sudanese manufactured and semi manufactured
goods for exports and to create new markets for them,
To introduce and develop the industrial, storage and marketing technologies and
to provide or train Sudanese workers therein;
To attract national and Foreign Capital for investment in the fields to be specified
by the board.
The company alone shall, responsibility to manage, invest and develop and to ensure
the safety of the establishments within the Free Zone".
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The industrial, commercial, and services investment projects approved to established
within the Free Zone shall enjoy the following exemptions and privileges:
Exemption of the project profiles from the business profit tax for fifteen years,
renewable for further period or periods subject as determined by the competent minister,
and such period shall begin from the year of estimation beginning of production,
or the start of performance of investment activity as the case many be:
Exemption from income tax of salaries and emoluments of non Sudanese employees working
in the projects located in he free zone,
Exemption of the goods imported to the Free Zone, or exported from to non-local
market, of all customs duties, fees and relevant taxes, provide that such exception
shall not include the local fees of services and costs charged by the board.
Exemption of buildings and other real estate in the zone from all taxes and fees,
Permission to transfer the invested capital in the free zone, and the profits gained
there from, to outside the Sudan through a licensed bank within the free zone,
Exemption of the products of the industrial projects within the free zones from
the customs duties within the limits of local materials, costs and expenditures
incurred in their manufacturing, provided that the value thereof shall be estimated
by a committee to be constituted by the board for this.
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The capital invested in the Free Zones shall not be nationalized, confiscated, sequestrated,
or having a receiver appointed thereof.
Subject to agreements binding on the Republic of Sudan, the transit goods across
the border of the republic of Sudan may be stored at the Free Zone, under the supervision
of the Customs authorities at the entrance and exit thereof.
Notwithstanding the provisions of any other Act, the company shall have the right
to hire its establishments and real estates, subject to the terms to be agreed upon
with the third parties.
In accordance with the powers conferred upon it by section 18 of the Free Zones
Co. Act 1994, the board of Directors of the Sudanese free Zones and Markets Co.,
hereby makes the following regulations:
Title and Commencement These regulations may be cited as "The General Free
Zones Regulations 1998" and shall come into force as from the date of signature.
These regulations shall be applied to all the free Zones established in the Sudan.>
The words and phrases contained herein shall have the same meanings given thereto
in the free zones and markets Act 1994.
Unless the context otherwise requires
- Goods means all different types of commodities and materials
- Company means the Sudanese Free Zones and Markets Company.
- Act means the Free Zones and Markets Act 1994 Board" means the board of directors
of the Sudanese free Zones and Markets Company
- Director means the Director General of the Sudanese Free Zones and Markets Company
- Manager means the manager of the General administration of the Free Zones
- Area Manager means the manager of any of the Free Zones concerned
- Warehouses' means yards, buildings sheds and other constructions built or authorized
to be built by the company in a free zones
- Project means any commercial, industrial or service investment project approved
in accordance with the provisions of these regulations
- Free Zones means the Free Zones established under section 4 of the Act, and includes
part of the land of the Republic of Sudan demarcated by a fence and deposited therein
the goods for the purpose warehousing, manufacturing, and forwarding services, without
levy of any activity carried inside the Free Zone to the law and the regulations
made there under.
- Depositor mean the person to whose order or in whose name the goods destined for
storage or consigned and person to whom the goods are legally transferred and shall
include the holder of the original bill of lading and their legally delegated agents.
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The industrial, com mercial and service investment projects approved in the free
Zone shall enjoy the exemptions and guarantees provided for in sections 9(2) and
10 of the Act as follows:
(a) Exemption of all imported or exported goods, other than to the local market,
from all customs taxes and fees, with the exception of the services fees and costs
levied by the board and exemption of all estate utilities constructed in the free
zone from all fees taxes and levies,
(b) Permission to transfer the invested capital in the Free Zone and the profits
thereof, outside the Sudan through an authorized Bank inside the Free Zone,
(c) Exception of the products of the industrial projects in the Free Zone from the
custom fees,
(d) The invested funds in the free zone shall not be subject to nationalization,
confiscation or possession or sequestration,
Any investor in the field of industry, commerce or services shall not start business
in the free zones without being registered in a special register with the commercial
registrar inside the free zone after obtaining the approval of the director and
the board.
The director in consultation with the general commercial registrar shall take the
necessary steps to establish the commercial registrar office inside the Free Zone.
The company shall take steps to keep a register to enter therein the investors registered
under sub division (1) in the industrial, commercial and service fields according
to the decisions of the director.
Application for the construction of any investment industrial project, shall be
submitted to the director of the are manager, as the case may be, compromising all
details specified in the relevant form including the required area of land for the
project.
There shall be attached with the application financial deposit to be determined
by the Director from time to time, such deposit shall not be refunded in case of
failure to execute the project mentioned in the application provided that such deposit
may be deducted from the actual amount of the rent in case of acceptance of the
application and in case of rejection of the application the investor shall have
the right to recover the amount of deposit.
The application shall be studied by an investment technical committee to be formed
by the director to obtain its opinion concerning the project to be constructed and
submit recommendation to the board.
The director shall inform the applicant with the decision of the board in relation
to the submitted application according to subsection (1) within one week from the
date of such decision and shall be informed with the approval giving him a period
of two months of the date of such decision and shall be informed with the approval
giving him a period of two months of the date of such information to complete the
rent procedures and signature oft the necessary contracts and after insuring he
has relieved the decision and such period has elapsed the approval decision terminate
and the applicant shall lose his right on the deposit.
The applicant shall be given a period of two months to forward the technical or
engineering maps for the buildings constructions utilities for the study thereof
and the Director may extend such period for another month.
After approval of the maps according to the provisions of sub section (5) the investor
shall start construction of the establishments within one month and the director
may extend such period for another month.
Application for license to construct a commercial or service project shall be submitted
to the director or the area manager as the case may be on the relevant form for
approval thereof provided that a deposit as determined by the director from time
to time shall be attached with the application.
When a decision of approval is made the investor shall be immediately notified so
as to complete the rent procedure and signature of the necessary contracts within
two months of the date of information and after insuring that he has been informed
and such period has elapsed the approval shall terminate and the applicant shall
lose his right on the deposit and in case the rejection of the application the investor
shall have the right to recover the amount of the deposit.
If the investor desires to construct establishments of his own he shall be give
a period of two months from the date of notification of the approval of the application
thereto so as to submit the maps and technical specifications and such period my
be extended for another month.
The investor shall not warehouse in the rented place goods of any other persons
provided that the area manager may allow in special cases such warehousing and in
such case the specified fees in the schedule attached to these regulations shall
be collected there from.
Domestic raw materials, building materials and office
materials and office furniture and fittings and equipments required by the investors
for construction of buildings and factories and all accessories of construction
and establishments obtained from the local market or duty paid thereon shall be
permitted to the free zone according to the law and these regulations.
(2) The investor shall submit an application on the prescribed form for entering
the materials provided for in the subsection (1)
(3) The investor shall keep a special register for himself in every factory or trading
place in the free zone to enter therein the mentioned materials for the statistical
purposes.
(4) Entering the material mentioned in sub-section (1) shall not be made for the
purpose of storage or respiration outside the country in the same manner in which
it was entered in the free zone.
Mortgage of the investor's Goods
9 The movable property of the investors may be mortgaged after submission of the
sufficient reasons therefore and to subject to the terms and conditions made by
the director.
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Subject to the provisions of chapter two and section II hereof, goods may be entered
taken out and deposited in the free area as follows:
(a) Bringing in foreign goods of whatever type or origin without import license
into the free zone and out of for the local market, and in such case such goods
shall not be subject to any fees or taxes.
(b) Local goods produced or manufactured in the Sudan may be deposited in the free
zone according to these regulations.
(c) Goods in the free zone which are to be taken out for the local market shall
be subject to the procedures followed in moving goods from customs area to another.
(d) Movement of goods from the custom areas to the free zone shall take place according
to the procedures followed in moving the goods from one customs area to another.
11 It is prohibited to enter into the Free Zone the following Goods;
(a) Goods of origin or source, which is prohibited to deal with
(b) Narcotics accept those necessary for the manufacturing of medical drugs and
pharmaceutical supplies as may be stipulated by competent authority.
(c) Firearms, ammunition and explosives except shotguns and their relevant ammunition
and fireworks as may be stipulated by the competent authority.
(d) Stinking or inflammable materials as the director may specify in consultation
with the competent authority.
(e) Radioactive materials of any kind.
12 (1) Shipping agents and representatives of overland, sea and air transport companies
shall submit to the area manager or his deputy an application on the prescribed
form, 72 hours from the arrival of the transporting means to the custom area in
which the free zones is situated and attached therewith a copy or the original manifestos
as prepared by the carrier company in the country of dispatch.
(2) Shipping agents and air, land and sea carrier companies shall deliver all the
goods mentioned in sub section (1) addressed to the free zone without any delay
it shall not be permissible to withhold any part of the goods so consigned in the
means of transport or deposit or abandon them in any other place.
(3) The director may permit the transit goods to remain or unload in the free zone
for a period of one week from the date of its deposit till they are withdrawn according
to the procedures followed, provided that all the lapse of the aforesaid period
such goods shall be transferred at the cost of the owners to the free zone for storage
in accordance with he provisions of these regulations.
13 (1) the goods may be deposited in the free zone after the depositor submits an
application on the prescribed form provided that the approval of the area manager
or whoever he authorizes shall be obtained
(2) The depositor of good shall sort out such goods before delivering them to the
Free Zone according to their respective marks. Should he fail to do so within five
days from the date of the arrival of the goods, the free Zone authorizes shall carry
out such sorting out and in this case he shall pay all expenses incurred by the
free zone plus five percent of the value (FOB) as service administration fees and
it shall apply thereto all the restrictions of the Free Zone with regard to the
kind, number, weights and contents of packages.
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14 (1) Goods shall be accepted in the free zone in accordance with their specifications
as stipulated in the relevant documents and the depositor shall be responsible for
the correctness of the statements mentioned in the documents.
(2) The free Zone shall not be responsible for any difference between the said goods
and the information's mentioned in such document or statements in subsection (1)
and also shall not be responsible for any shortage or variation in the content of
any packages if these packages were apparently in good condition on receipt or delivery.
(3) Notwithstanding the provisions of sub section (1) if the goods were discharged
by an act of error in the free zone the charge stipulated in this regulations shall
be fully paid until appropriate action taken thereon.
15 (1) Goods entering the free zone shall be stored inside covered warehouses upon
request of the depositor, should the space not be available for such storage, they
shall be deposited in open yards after obtain the depositor's approval.
(2) Notwithstanding the provisions of subsection (1) the following goods shall be
deposited in open yards:
(a) Goods which are not affected by atmospheric conditions, or which cannot be placed
under covered warehouses on account of their shape, volume of weight,
(b) Goods which the depositors, owners or agents thereof request in writing to be
placed in those yards at their own risk.
(3) Goods under the provisions of this of this section shall remain in the free
zone for the period which the depositor ask to be kept there, unless their conditions
require the discharge thereof as to its nature or where the expositor fails to pay
his obligations towards the free Zone or in case of contravention the provisions
of these regulations.
16 (1)The Free Zone shall not be responsible during the storage of goods therein
for any damage if such damage was as a result of the inherent nature of the goods
or due to the method of packing or unpacking or resulting from atmospheric heat
or humidity or force measures or force circumstances.
(2) Notwithstanding the provision of subsection (1) the damage deterioration or
shortage which may effect any goods if it is proved that such default, damage, deterioration
or shortage has occurred in consequence of any act, or negligence by any of the
personnel or employees of the free zone or consequence of the instability of its
warehouses for the storage of goods.
(3) The responsibility of the free zone as provided for under sub section (2) shall
be determined by a committee to be formed by a representative of the depositor,
provided that such committee shall submit its recommendations to the director through
the administrative manager of the area manager showing the extent of the damage
and the amount of the reasonable compensation.
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17 (1) Processing operations may be conducted in the places rented inside the free
zone under license from the director of the area concerned, including such operations
like separating, grading, mounding, packaging, mixing, cleaning, greasing, distilling,
roosting, poundering, fragmenting, cruising numbering and affixing or subsisting
trade marks.
(2) Notwithstanding the provisions of sub section (1), the director may allow the
performance of any of the operations provided for under the said subsection or part
thereof in the general deposit areas in the free zone and in the places specified
for such purpose within the free zone area.
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18 (1)The following acts shall not be allowed in the free zone:
(a) Kindling fire or smoking or using gas fuels in lighting in the places to be
specified by the director in consultation with the area manager.
(b) Erecting installations for power generation for lighting except with approval
of the director.
(c) Performing any act that causes any harm to the environment according to the
relevant laws of the environment protection.
(d) Moving goods from the warehouses or the yards of the free zone to the leased
premises or vice versa except with the approval of the area manager.
(e) Placing goods destined for home consumption inside the free zone or its areas
or yards or in the rented premises, except with approval of the director.
(f) Retail selling, wile wholesale trade should be allied subject to the conditions
provided for by section 19, hereof.
(g) Loading of workers and employees in the free zone except in places specifically
assigned for this purpose.
(2) Subject to the provisions of sub section (10, the area manager may allow ships
and aircrafts, to be supplied from the Free Zone with foodstuffs tobacco, cigarette,
fuel and lubricants for their engines.
19 (1)Goods deposited in the free zone may be assigned under the assignment document
form, before the competent official and under the consent of the area manager subject
to the following procedure.
(a) The assignment document shall be signed by the depositor or whomever he may
legally authorize, showing therein the request of deposit, type of goods, its specifications,
amount and all other relevant information including the name of the assignor where
her he is natural or corporate body.
(b) I n case of assignment by a corporate body, shall take place only by a legally
authorized person or under the provision of the company establishment rules.
(c) Assignment of goods owned by a natural or corporate body resident outside the
Sudan, shall be made by a person having legal authenticated power of attorney.
(d) If the assignment of goods is made from an investor to another investor in the
Free Zone, the assignee shall be responsible towards the free zone for any fees
or charges or any other fees which may be charged on such goods from the date of
assignment.
(e) If the assignment of goods is made from an investor inside the Free Zone to
any other body not being an investor, thereafter both the assignor and the assignee
shall be jointly and severally responsible for the goods, and for any fees or charges
or other charges which may be charged up to the date when such goods are discharged
under original custom forms until such goods are delivered to the keepers of warehouses
and general yards stored therein.
(2) The goods assigned to the Free Zone originally shall be entered in a special
register and shall be disposed of in accordance with the decision of the board.
20 (1)The director upon the recommendation of the administration manager may agree
that the renter may assign his rights and the rented premises to others after payment
of the prescribed fees for the period of rent, provided that at the end of such
period the investor shall not assign the installation constructed, to any other
person and the owner of such installation shall revert to the company, except where
the investor wishes to continue in his work and in this case the Director may extend
the period of the contract for the period he deems fit.
(2) The renter shall not make any assignment before signature of the rent contract.
21 (1) Goods discharged out of the Free Zone shall be treated according to its conditions
as presented to customs authority, in case where they are presented for home consumption
or sent transit, not with standing any treatment made thereon as regards amendment
ir charges inside the Free Zone
(2)For the Purpose of transit:
(a) Goods sent out of the Free Zone abroad shall be treated as transit goods passing
in transit abroad.
(b) Discharge of Goods outside the free zone shall be made, on the prescribed for,
together with attachment of the specifications as regards, type number, and weight
and such form shall be signed by the official concerned of the Free Zone and the
representative of the clearance company.
(c) Subject to the discharge form provided for in Paragraph (b) the transit statement
shall be registered at the customs center concerned.
(d) The transit goods fees shall be paid to the Free Zone before being sent to the
customs area.
(e) The officer concerned in the Free Zone together with the representative of the
clearance company shall actually supervise the carriage of goods, and the information's
shall be recorded by him at the margin of the transit statement, and shall sign
the same together with the representative of the said company.
(f) The carrying vehicle shall be sent under the supervision of the free Zone and
the clearance company to the customs zone to complete the procedures of the transit
statement by the customs authority.
(g) The customs officer concerned shall authenticate the statement of the free one
officer and the clearance company, and he may, when he thinks necessary, open a
reasonable percentage of the cargo to ascertain the correctness of the statement.
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(a) The application for the discharge of the goods out for home use shall include
all details as regards type, kind, number and weight and origin thereof, such application
shall be signed by the officer of the free zone and the clearance company.
(b) Subject to the discharge application, a statement of the home consumption shall
be prepared and registered with custom's center concerned.
(c) The procedures of customs evaluation and analysis and importation and all other
procedures shall be completed at the time of transporting the goods to the customs
area, and the evaluating customs area, and the evaluating custom officer may request
samples for the purpose of evaluation and analysis, and he shall have the right
to review the goods sub sequential when it arrives to the customs area to ascertain
the correctness of the evaluation.
(d) After completion of the procedures provided for under paragraph (C), the goods
shall be carried under the supervision of the official concerned in the Free Zone
and the clearance company and signed by both, and the details of the goods shall
be recorded at the margin of the customs statement, and thereafter the goods shall
be sent to the customs area for the completion of the customs procedures.
(e) The customs officer concerned may, when he is not satisfied with the correctness
of the details made by the free zone officer and the clearance company, search the
cargo actually.
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22 (1) The manifest, list of cargo or deposit requests of the goods in the free
zone for the accountant of others shall be made only to the company or persons to
whom the interpretation of depositor applies, and include those delegated by a legal
authenticated power of attorney.
(2) The director may issue approval to the clearance liscened companies by the customs,
to forward the applications of entry and exit of goods and the receipt thereof from
the instead of its owners and after forwarding the official power of attorney from
the owner of the goods on the prescribed form and disclosure of the specified conditions,
and in this caser they shall be responsible towards the Free Zone with regard to
all matters relating to the goods including the storage and service fees severally
and jointly with the owner of the goods.
(3) The director, on the recommendation of the administration manager determines
the number of the clearance companies to be allowed to work in inside the free zone
concerned, in the light of the needs of work and in cooperation with the customs
authorities.
(4) The navigation company and the company shall forward a bank deposit to the company
as specified by the director as a precondition to perform its work inside the free
zone, to be as a guarantee against any contravention or excess which may occur there
from its employees and also as a guarantee for the collection of storage charges
and services to be carried on the deposited goods in the name of the owner thereof.
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- 23 (1) The director, whenever he thinks necessary, may rent spaces in the Free Zone
to any depositor who wishes to warehouse goods or construct installation thereon
for storage.
(2) All installation works shall be carried on the rented space subject to the approved
maps by the free zone and according to the technical specifications and general
sound requirements made by the council.
24 (1) rent in the Free Zone shall be made by written contracts for a period that
does not exceed:
(a) Twenty years for industrial projects
(b) Fifteen years for open areas to be rented for the purpose of construction of
buildings thereon for commercial storage
(c) One year for storage in the spaces premises and general installations owned
by the company inside the free zone.
(2) The rent contracts provided for in sub section 910 may be renewed on payment
of the fees in addition to agreement upon the required conditions and guarantees.
25 (1) rent for the land and utilities of the free Zone shall be collected on the
basis of every meter of land from the renter thereof according to amounts specified
in the schedule hereof.
(2) Notwithstanding the provisions of sub section (1) the board shall determine
the rent of the other installations which are constructed or owned by the company.
(3) The rent shall be paid in advance as agreed upon, and the contract shall determine
the value and kind of guarantee to be forwarded, provided that such guarantee shall
continue valid throughout the term of the contract.
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- 26 (1) Fees for assignment of the rented place to others shall be collected according
to schedule (5) attached to these regulations.
(2) Fees for assignment or transfer of good shall be collected according to schedule
(5) hereof, at the time of passing the customs declaration for the collection of
the goods on the account of others as mentioned in the deposed documents in the
Free Zone.
27 (1) In addition to any fees to be charged under regulations there shall be charged
general services fees as specified on schedule (8) hereto.
28 (1) the depositor shall pay warehouse fees an other fees once every three months,
and in case of none payment in the specified period, the area manager shall notify
the depositor be registered mail or by any other means to pay the fees, provided
that after the lapse of one month from the date of notice the Director shall have
the right to:
(a) Sell part of the goods corresponding to such fees, and if the goods cannot partially
sold then it shall be sold under the supervision of a committee to be formed as
(b) follows:
i. Two representatives of the free zone,
ii. A representative for the customs,
iii. A representative for the depositor,
iv. a representative for any competent authority.
(c) The committee provided for under paragraph (a) shall prepare a separate list
for the goods and take from the cost of sale all the fees and expenses resulting
from the sales promotion.
(d) If the goods are not eligible for sale because of its expiry or contravene the
provisions of laws and regulations, such goods shall be destroyed on the recommendation
of the said committee and shall request the depositor for getting all the fees and
every other expense.
(e) Payment of the fees inside the Free Zone shall be made in hard currency.
29 (1) the board, on the recommendation of the director, May by a decision amend
the schedules attached to these regulations.
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- 30 (1) the Free Zone shall be exempted from the application of the Sudan employment
Acts, provided that the provisions of these regulations shall be applied.
- Employment in the Free Zone
31 (1) Employment of workers in the Free Zone shall take place under employment
contracts between employers and employees provided that there shall not be an employment
of citizens of any country that come under the resolution of boycott made by the
state.
- (2) In addition to any other terms, the employment contract shall include the following
matters:
" The amount of the salary and the manner of payment thereof, provided that
the salary shall be paid in hard currency,
" Number of working hours and additional work,
" Leaves and its different types
" After work benefits and social insurance
" The manner of terminating the contract
- (3) A copy of the employment contract shall be deposited with administration of
the Free Zone.
Medical Care
32 (1) the employees shall be entered in the medical care and treatment in the hospitals.
(2) In case of injury of any of the employees during the performance of his duties
he shall be compensated by the employee thereof.
33 All companies working in the Free Zone shall make conflict and penalties rules
that guarantee the rights of the workers provided that such rules shall be raised
to the director for approval.
34 the business hours in the Free Zone shall be within the period at sunrise and
ends at sun set, and the area manager may permit work during the official holidays
or any other time, provided that it is not permissible to discharge the goods or
transfer thereof except on the approval of the area manager and the customs authority.
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35 All financial operations and all transactions between Free Zones and with others
outside Sudan, shall not be subject to the provision and procedures of exchange
control applied in the Sudan.
36 The laws in force in the Sudan shall be applied in the free Zone, to the extent
that such laws do not prejudice the provisions of these regulations.
37 All companies working in the Free Zone shall as far as possible offer to their
employees the opportunity for training through making thereto the appropriate programs
inside or outside the Sudan to raise their professional efficiency.
38 (1) The director, may form, in consultation with the competent authority and
the investors, temporary or permanent consultative committees from the representatives
of the bodies concerned and from specialized persons in the fields thereof.
(2) The committees provided for in the subsection (1) shall have the function of
giving opinion and consultation in the matters referred thereto.
39 (1) unless the conflicting parties agree to the contrary, the disputes in the
free Zone arising between projects or any of them and the free zone administration
or any other party shall be referred to an arbitration committee or the competent
court for decision thereon.
2(a) if the parties agree on the settlement of the dispute by arbitration the committee
shall decide thereon to be formed from a chairman and two members representing the
two conflicting parties to be selected there from.
(b) The chairman of the arbitration committee shall be selected by agreement of
the two members thereof, within a maximum period of thirty days of the date of selection
thereof by the two conflicting parties, if the two members did not agree in the
said period of specifying a local authority to select the chairman of the committee,
the chairman shall be appointed by the director and the chamber of commerce on the
request of the to conflicting parties.
(d) The arbitration committee shall look into the conflict referred thereto and
decide thereon in accordance with the arbitration rules provided for in the civil
procedures Act 1983, unless the committee approves another applicable rules.
40 (1) There shall be established in the free zone a first grade specialized court,
in accordance with laws regulating the same.
(2) The specialized Court shall decide on conflicts arising inside the Free Zone,
including conflicts arising from the activities of the projects and labor conflicts
relating to the same.
(3) The decrees of the courts shall be appealed there from by any of the conflicting
parties in accordance with appeal procedures prescribed by law.
41 (1) It is a crime of smuggling to discharge goods outside the free zone without
payment of the custom fees or any other fees taxes or fees levied by the laws in
force, or without completion of legal procedures applied on entry and discharge
of goods.
- (2) There shall be applied on the crime of smuggling and other crimes the penalties
provided for in the laws of the republic of the Sudan.
- (3) Whoever enters goods in the free Zone or deals therein prohibited goods shall
be subject to a financial penalty equivalent to fifty per cent of the volume of
the goods at the port of destination together with confiscation of such goods.
- (4) Whoever intentionally carry any activity in contravention of the terms of the
license given to him, and whoever assigns his license totally or in part to another
person without the previous written consent shall be subject to a financial penalty
equivalent to twenty five percent of the volume of contravention, together with
the final withdrawal of the license, or for period not less than one year.
- (5) Whoever performs any private profession or trade inside the free Zone without
previous license or payment of the prescribed fees of license, shall be subject
to a financial penalty equivalent to twenty five per cent of the volume of the contravention,
and may be prohibited from obtaining license finally or temporarily
42 Subject to the provisions of other laws, the director or whomever he delegates
in writing may compute any of the contraventions offenders to these regulations
according to the decision of the board.
43 The director or whoever he delegates, Amy sell by auction the goods to which
a judicial decree has been made or the detached goods for any reason according to
these regulations and the values thereof shall revert to the company.
44 (1) the area manager shall issue the free zone entry permits to the employees,
auditors, dealers, and investors subject to the prescribed form, and no persons
other than those holding the permits to enter the free Zone.
(2) Notwithstanding the provisions of subsection (1) the area manager may prohibit
any person to enter the free zone for a period not exceeding one month unless the
contravention requires a longer period, and the matter shall be raised to the director
to determine the period he thinks appropriate.
45 the administration of the free Zone in coordination of the customs forces, shall
be responsible for combating smuggling from and to the free Zone.
46 The administration of the Free Zone shall be responsible for the issue of the
building and profession licenses and the approval certificates covering the locations
in the free zone according to the laws regulating the same after payment of the
prescribed fees.
47 The administration of the free zone shall be responsible for issuing the certificate
of origin for the products of factories inside the free zone as follows;
(a) certificate of origin shall be issued for products manufactured in or transferred
from the free zone which the value added percentage thereof is less than 40%.
(b) If the value added percentage thereof is more than 40% a national certificate
of origin shall be issued inside the free zone.
48 (1) the council may delegate all or part of its powers conferred upon it under
these regulations to the director.
(2) The director may delegate part of the powers conferred on him under 6these regulations
to he manger.
(3) The director may delegate all or part of the powers conferred on him under these
regulations to the area manager.
49 the director may, from time to time issue decisions and circulars for making
the bases and detailed rules for the implementation of the provisions of these regulations
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