Developer Data Capture Form

SECTION 1 – GENERAL BUSINESS INFORMATION

1. Provide date of application

2. Provide the Name and Address of the Developer. This must be a Jamaican Business Entity under the Companies Act, 2004 (Act 10 of 2004)

• The “Sponsor” has the meaning set forth in Section 2 of the Act and includes any SEZ Investor or consortium thereof that proposes to provide shareholder capital under the Act to finance, directly or indirectly, a Developer under a Master Concession or Licence Agreement and can include an Applicant seeking to obtain a SEZ Letter of Approval for purposes of entering into a SEZ Developer Agreement with the Authority to develop, operate, maintain, and promote a SEZ in Jamaica.
  
  
• “Developer” or “SEZ Developer” means a Jamaican Business Entity company limited by shares that is incorporated under the Companies Act for the purposes of entering into a SEZ Developer Agreement, whether a Master Concession or a Licence Agreement, pursuant to the Act and these Regulations to design, finance, construct, develop, service, operate, manage, maintain, and promote an SEZ in Jamaica
  
  

3. State the name and address of the Authorised Representative. The Authorised Representative is the main contact person who the applicants’ Board of Directors has authorized to file this application and who will represent the company

4. State whether the Jamaica business entity listed as the applicant is a part of a Multi-National Corporation, Joint Venture or Special Purpose business. If yes, please provide the company name that represents the parent company/sponsor of the local entity

5. State whether the applicant is an existing Jamaican Company under the Companies Act, 2004 (Act 10 of 2004)

• An “Existing Business” means, any Jamaican Business Entity that is fully operational and generating revenue before the enactment, adoption, and promulgation of the Act and these Regulations, as the case may be.

6. If yes, please select the form of the articles of incorporation – As per The Companies Act, 2004 (Act 10 of 2004) form of the articles are:—

• a company limited by shares;
• a company limited by guarantee and not having a share capital;
• a company limited by guarantee and having a share capital;
• an unlimited company having a share capital,
• other

(Applicants are required to submit a certified copy of the memorandum and articles of association and certificate of incorporation of the Applicant established as a company limited by shares registered under the Companies Act)

7. State whether the applicant’s firm is a Non-Resident Jamaican Company. A Non-Resident Jamaica Company is defined as a Jamaican Business Entity incorporated as per the Companies Act, 2004 (No Act 10of 2004) without any of the Directors and or Shareholders being Jamaica nationals

8. Provide the applicant’s Taxpayer Registration Number (TRN). The TRN is a unique nine-digit identification number assigned to each individual taxpayer, business enterprise, organization (non-profit, partnership, charity, etc.) by way of an automated system. The TRN is needed to transact business with other institutions e.g. banks, schools, examination boards etc. The number must be used when conducting business transactions with Tax Departments or Government Agencies. For more details see the Tax Administration of Jamaica

9. Provide the applicant’s General Consumption Tax (GCT) Number. A GCT number is issued to all persons engaged in taxable activities who are required to register under the GCT Act. For the purposes of GCT, a person is an individual, a company, or a partnership. A GCT number is issued to all Jamaica Business entities incorporated as per the Companies Act 2004. For more details see the Tax Administration of Jamaica

10. Provide the applicant’s Tax Compliance Certificate (TCC) Number. The Tax Compliance Certificate is a document issued to an individual or a company as proof that payments of tax liabilities and wage-related statutory deductions are up-to-date. For more details see the Tax Administration of Jamaica

(Applicants are required to submit a certified copy of the taxpayer-registration number of the Applicant established as a Jamaican Business Entity and, if applicable, the General Consumption Tax (GCT) registration issued by the Tax Administration Jamaica) and the Tax Compliance Certificate, where applicable.

SECTION 2 – SHAREHOLDING/PARTNERSHIP/DIRECTOR INFORMATION

11. State the equity shares capital of the applicant including any amounts from Foreign Direct Investment. Issued or paid-up share capital at the effective date of either a master-concession or licence-agreement must not be less than US$1,500,000.

• Provide the value of the shares issued by the company. This amount should include any Foreign Direct Investment in the project in the form of equity capital, other long-term capital, and short-term capital.
  • Authorized share capital is the number of stock units that a company can issue as stated in its memorandum of association or its articles of incorporation.
  • Subscribed share capital is newly issued securities that an investor has agreed or stated his or her intent to buy prior to the issue date.
• Paid-up capital is the amount of money a company has received from shareholders in exchange for shares of stock.

12. Provide details of each of the Principal shareholders/Directors

• The name and address of each Principal Shareholders/Directors of the applicants company.

13. State the current principal Shareholders/Directors

• A list of the shareholder/s whether they are a person, company or other institution that owns at least one share of the applicant company’s stock. A shareholder may also be referred to as a stockholder.

(Applicants are required to submit an affidavit setting forth all relevant commercial information of the Applicant, including its name, address, nationality, owners, board of directors (or equivalent management committee), auditors, and bankers, as well as the capital-ownership shares of the Applicant) 

SECTION 3 – EXISTING/PROPOSED PROJECT BRIEF

14. State whether the applicant is currently an Approved Developer (transitional Free Zone Promoter as per the repealed Free Zone Act). State whether the applicant company already has a Free Zone status either as a Promoter or Approved Enterprise Operator or SEZ Developers Agreement (License Agreement or Master Concession). If yes, provide the name/s of the existing Free Zone location/s or Stand-alone location/s that the applicant operates from

15. State the name/s and location/s of the SEZ/Free Zone entities that the Applicant currently operates

16. Provide a brief description of the applicant’s nature of the existing business/type of Zone. Does the applicant operate a Business Process Outsourcing; Manufacturing; Storage and Distribution; etc.

17. Please provide a unique name the applicant will use as referencing the SEZ, for example, KINGSTON 21 SEZ or KINGSTON INDUSTRIAL PARK etc.

18. Indicate the type of Special Economic Zone the applicant is seeking to register with the Authority.

• Single-Entity SEZ means an SEZ established pursuant to Section 17 of the Act wherein the development, operation, maintenance, promotion, and all Authorized SEZ Activities are carried out by the designated SEZ Developer that also acts as the sole SEZ Occupant in the SEZ.
• Multi-Purpose SEZ means an SEZ established to accommodate at least three (3) Occupants with Zone User Area
• Multi-Purpose Integrated SEZ means an SEZ established to accommodate at least three (3) Occupants as well as integrates the areas for Zone Users businesses and residential.
• Specialised SEZ means an SEZ that is established for the purpose of a specific industry/cluster and may require being a Single-Entity operation such as Business Process Outsourcing (BPO), Research & Development High Tech Park, Dry Dock or Bunkering, Maritime, Aviation etc.

19. State the distance the proposed SEZ Area will be located from the nearest Seaport; Airport; Major thoroughfare; Rail station and Customs Processing Area. This information provides the Authority with data for the purposes of planning infrastructure demands, traffic management, and public staffing needs for Customs Agency etc.

20. Indicate the land measurement of the proposed SEZ (in hectares).

• State the total hectares that the SEZ project will cover to include buffer zones, green areas, SEZ Customs Control Areas, Residents, Zone Users, Food and Beverage areas etc.

21. State the applicants’ Ownership/Right Over Land for the proposed SEZ Area.

• Provide the status of legal access for the Developer to occupy the lands proposed for SEZ Development
• If applicant is not the owner, please state the name and address of land owner for who the Developer has received right over land,
• State the period of the lease agreement. Indicate the length of time the applicant has temporary right to hold land or property by some form of title from a lessor or landlord
• State whether the applicant is taking steps to acquire the lands/property it intends to develop into a SEZ

22. Is the proposed area contiguous to or separated by any thoroughfare? Does the area proposed for the SEZ include any major or parochial roads running through the property?

23. State whether the applicant has previously applied for Free Zone and/or Special Economic Zone status prior to this application and was denied permission. Give a brief description of the nature of the application and reason provided for not being granted the status.

(Applicants are required to submit relevant land-occupancy documents as evidenced by either (i) a certified copy of the certificate of the legal right to land ownership or occupancy, or (ii) a certified copy of a long-term lease agreement the duration of which is at least twenty (20) years or such other period as specified by the Authority, or, alternatively, any documents establishing that the Applicant is in the process of obtaining occupancy rights to the subject land area)

SECTION 4 – PROPOSED DEVELOPMENT PLAN

The applicant is required to submit a Concept Master Plan and Preliminary Land-Use Plan which should have a description of the number of acres of land allocated for the proposed SEZ that is based on a preliminary site survey, including:

• location map (Drawn to scale 1:12,500)
• layout Plan or Site Plan of facility/development drawn to scale (including setbacks and dimensions) – storage, drainage, office and supporting service areas etc.
• size and boundaries of the land
• and site qualifications of the land area in question
• topography
• soil conditions
• human settlements
• environmental constraints
• landmarks
• the number of Jamaican Business Entities projected to carry out activities at the site as SEZ Occupants

Architectural drawings must be certified by a registered architect, engineering drawings must be certified by a professional engineer and site and sub-division plans must be certified by a commissioned land surveyor. Applicant should also provide a preliminary description of the quality, condition, and size of existing infrastructure at or near the site, together with any on-site and off-site infrastructure that the Applicant intends to have constructed at the proposed site. This should include, maps or other abstracts of the subject land area showing all transportation networks and a written statement explaining the general compatibility of the Concept Master Plan and Preliminary Land-Use Plan, including all proposed SEZ construction, with the applicable land-use, urban-planning, zoning, construction, design, strategic environmental assessment, heritage and/ or archaeological impact assessments, landscaping laws and standards

24. Project Development Plan / Site Plan. State whether the applicant will be using an existing building/s and surrounding area for their business as a Single-Entity Developer/Occupant. This would include whether the applicant has leased an entire building or floor/s. It may or may not include the surrounding land areas. A detailed Surveyors Technical Description Report will be required to provide the full description of the area.

25. Green or Brownfield SEZ Development

• Provide the Volume and Folio numbers
• State the street address, if available, Town/City, Parish and/or Postal Code for the proposed location,
• State the zoning classification for the proposed area for development as per Jamaica’s Planning laws and regulations;
• State what the land area is currently being used for i.e. agriculture, residential, etc.
• State the total hectares/acres of the proposed SEZ Area. The SEZ Area refers to the delimited geographical area of the entire SEZ, including any Zone User area/s, Food and Beverage, residential area (if any), buffer zones, green zones, etc.
• What are the total hectares/acres for the proposed SEZ Customs Controlled Area (The SEZ Customs Controlled Area” means a geographically delimited, fenced-in, physically-secured, and restricted access area comprising SEZ Lands that is subject to the control and supervision of the Customs Agency under the Act)
• State the topography of the proposed area
• State the boundaries of the area

(Applicants are required to submit a certified copy of a Surveyor’s Technical Description, Surveyor’s ID Report and Surveyor’s ID including Site Plan)

26. Infrastructure, Facilities and Utilities

• Give a brief description of the SEZ Area. What is the land measurement in hectares and the percentage contribution of the SEZ Area as defined in Section 23 – V of this Guidelines;

– for SEZ Customs Controlled Area is as defined in Section 23 – VI, – land measure of any common area and food & beverage, – land measurement of buffer and green zone areas, – land measurement of the residential area (if any),

• Estimate the amount of water required for industrial use only i.e. non potable and potable for the SEZ Area;
• Estimate the volume and type of sewage and/or waste water treatment required for the development area;
• Estimate the expected kilovolt-ampere (kVA) for the SEZ Area;
• State the estimated right of way (ROW) width in metres of the proposed developments main, secondary and tertiary roads as well as the pavement area and type of pavement;
• State whether the applicant will require connection to off-site water supply, sewage and waste water systems;
• State whether the applicant will require connection to off-site electricity supply from the Jamaica Public Service grid;
• State whether the applicant will require connection to off-site telecommunication infrastructure;
• State whether the applicant currently have or intend to be install CCTV system throughout the SEZ Area;
• State the applicant’s CCTV systems ability to interconnect with GoJ approved security and/or regulatory agencies (JSEZA, Jamaica Customs Agency, Jamaica Constabulary Force etc.);

SECTION 5 – INVESTMENT AND FINANCIAL INFORMATION

27. Proposed Financial/Investment Details

• State the Value of Land as the value of a piece of property, including both the value of the land itself as well as any improvements that have been made to it;
• State the proposed cost of development for the on-site infrastructure such as boundary walls, roads, drainage, water supply, electricity etc.;
• State the proposed construction cost of the building/factory;
• If Specialised Zone state the cost of
  • Port
  • Airport
  • Other
  • State the total cost of the SEZ Development’s investment

28. State whether the project is funded by local (Jamaican) investors and indicate the proposed value of investment

29. State whether the project is funded by foreign direct investors (FDI) and indicate the proposed value of investment

30. If FDI, state the name and address (home country) of the investors (Sponsor)

31. Provide a brief description of the Sponsors/Developers (local and/or foreign investors) source of funds

SECTION 6 – EMPLOYMENT INFORMATION

32. Provide an estimated amount of employment the proposed SEZ development area is likely to be generated over the first three (3) years of the project.

33. State whether the applicant has previously applied for Free Zone status and/or Special Economic Zone status prior to this application and was denied permission. Give a brief description of the nature of the application and reason provided for not being given the status.

34. The applicant is required to submit additional documents /annexure as per the checklist and should indicate all the documents/annexure that has been submitted with the application.

SECTION 7 – DEVELOPER’S UNDERTAKING

An undertaking that declares the applicants’ assurance that they will fulfil the obligation as set out in the SEZ Act as well as an affidavit, to be witnessed in the presence of a Justice of the Peace or Notary Public.