SECTION 7 - MSME OCCUPANT UNDERTAKING
To be completed by the MSME Occupant with the Sub-concession Lease Agreement
1. I/We hereby confirm that the Board of Directors has authorized the filing of this application in accordance with the terms thereof;
2. I/We have read the Special Economic Zone Act 2016, (No 7 of 2016) and SEZ Regulations, 2016 and the Rules as adopted by the JSEZA and commit to abide by the provisions thereof as well as amendments thereto;
3. I/We declare that to the best of our knowledge, that the project is economically, technically and financially sound and have provided the Authority with the project business proposal;
4. I/We declare that the company is capable of operating, on a sound and efficient basis, and agree to conduct further negotiation towards contributing to the objectives of the Jamaica Special Economic Zone Authority;
5. I/We declare that if the company is engaged or intends to be engaged in any other Jamaica Business entity and/or any additional activities outside of this project and/or operates any subsidiary company/s that it will operate an “arms length consideration” as per the Income Tax (Amendment) (No. 2) Act, 2015 (No 30 of 2015);
6. I/We declare that the company shall submit quarterly reports and other information, pertaining to its activities in the Special Economic Zone as the Authority and/or Jamaica Customs Agency may require;
7. I/We declare that the company will start and operate the project covered by this application within such reasonable time as may be fixed by the Authority;
8. I/We declare that the company will pay over to the Authority all fees due it as prescribed by the Fee Schedule;
9. I/We declare that the company will be subject to taxes and benefits pursuant to the First Schedule of the Special Economic Zone Act, 2016 (No. 7 of 2016);
10. I/We hereby undertake to abide by the provisions of the Special Economic Zones Act, 2016 and Regulations/Rules and Orders made thereunder;
11. I/We hereby declare that to the best of my/our knowledge the applicant and their shareholders/directors are not engaged in money laundering or other financial crimes, the financing of terrorism, or the manufacture or proliferation of weapons of mass destruction;
12. I/We will abide by any other condition, which may be stipulated by the Government of Jamaica;
13. I/We acknowledge that this application and its approval is subject to, due diligence and regulatory approvals;
14. I/We declare that neither the company nor any of its director/shareholder have been debarred from getting any Letter of Approval, Letter of Authorisation, MSME Occupant Agreement and Operating Certificate as prescribed by the Special Economic Zone Act, 2016 (No. 7 of 2016)
15. I/We fully understand that any Letter of Approval and subsequent SEZ MSME Occupant Agreement (Sub-concession Agreement) granted to the company on the basis of the statement furnished is liable to cancellation or any other action that may be taken having regard to the circumstances of the case if it is found that any of the statements or facts therein is incorrect or false. An affidavit duly sworn in support of the above information is enclosed;
16. I/We declare that the authorised representatives, management, directors and shareholders/stockholder have received legal advice and that I/We fully understand the terms of the application and the company’s duties and responsibilities on the signing of the form/s and on being granted any agreements thereafter.
17. I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief and I/We sincerely declare and affirm that this application and that any exhibits and/or annexure submitted with this application and their content is true.