Commencement: 24 July 2005

REPUBLIC OF VANUATU

THE
IMPORT DUTIES (CONSOLIDATION) (AMENDMENT) ACT NO. 19 OF 2005

Arrangement of Sections

1	Amendments
2	Commencement

-------------------------------------

REPUBLIC OF VANUATU

THE
IMPORT DUTIES (CONSOLIDATION) (AMENDMENT) ACT NO. 19 OF 2005

Assent: 14 July 2005
Commencement: 24 July 2005

An Act to amend the Import Duties (Consolidation) Act [CAP 91].

Be it enacted by the President and Parliament as follows-

1	Amendments

The Import Duties (Consolidation) Act [CAP 91] is amended as set out in the Schedule.

2	Commencement

This Act commences on the date on which it is published in the Gazette.

SCHEDULE

AMENDMENTS OF THE IMPORT DUTIES (CONSOLIDATION) ACT [CAP 91]

1	Schedule 1

Delete from the Schedule, for each tariff item in Column 1 of the following table, the rate of duty set out in Column 2 of that table, substitute the rate of duty set out in Column 3 of that table.

Column 1
Tariff item	Column 2
Current rate of duty	Column 3
New rate of duty	
0207.1100	55%*	55%	
0207.1200	55%*	55%	
0207.1300	30%	55%	
0207.1490	55%*	55%	

2	Schedule III (Arrangement of sections, section 1 –Economic Reliefs)

Delete the clauses, substitute

“X1	Goods Imported for Manufacturing or Processing Operation – Standard Relief

X1A	Goods Imported for Manufacturing or Processing Operation Involving Capital Investment of VT1 Billion or More

X3	Goods Imported for Agriculture, Horticulture, Livestock or Forestry Project – Standard Relief

X3A	Goods Imported for Agriculture, Horticulture, Livestock or Forestry Project Involving Capital Investment of VT1 Billion or More

X4	Goods Imported for Inter-Island Shipping – Standard Relief

X4A	Goods Imported for Inter-Island Shipping Involving Capital Investment of VT1 Billion or More

X5	Goods Imported for a Tourism Development Project – Standard Relief

X5A	Goods Imported for a Tourism Development Project Involving Capital Investment of VT1 Billion or More

X6	Goods imported for Mineral Exploration and Extraction

X9	Fisheries Industry Equipment Project –Standard Relief

X9A	Fisheries Industry Equipment for Project Involving Capital Investment of VT1 Billion or More

3	Clause X1 of Schedule III (heading)

Delete “MANUFACTURE OR PROCESS”, substitute “MANUFACTURING OR PROCESSING OPERATION - STANDARD RELIEF”.

4	After clause X1 of Schedule III

Insert

“GOODS IMPORTED FOR MANUFACTURING OR PROCESSING OPERATION INVOLVING CAPITAL INVESTMENT OF VT1 BILLION OR MORE

X1A.	(1)	Despite clause X1, the Director of Customs may, subject to the favourable recommendation of the Director of Industry, approve a total exemption from customs import duty on any goods referred to in that item for the prescribed period if:

(a)	the requirements set out in that item are met; and

(b)	the Director of Industry is satisfied that the capital investment in Vanuatu in the manufacturing or processing operation concerned will be VT1 billion or more within the prescribed period.

(2)	If the Director of Industry advises the Director of Customs, after the exemption is approved, that the Director of Industry is satisfied (based on information not available to him or her when making the recommendation under subsection (1)) that the capital investment in Vanuatu has been or will be less than VT1 billion within the prescribed period:

(a)	the exemption ceases to apply; and

(b)	the provisions of clause X1 are to be applied in relation to any goods that have been imported and are the subject of the exemption; and

(c)	the importer must pay any customs import duty that is determined to be payable under paragraph (b).

(3)	However, if the Director of Industry advises the Director of Customs that the Director of Industry is satisfied that failure to invest VT1 billion or more within the prescribed period is due to circumstances beyond the control of the importer, the Director of Customs may continue the exemption for a further period.

(4)	If the Director of Industry subsequently advises the Director of Customs that the Director of Industry is satisfied (based on information not available to him or her when giving advice under subclause (3)) that the capital investment in Vanuatu has been or will be less than a total of VT1 billion during the prescribed period and the further period, paragraphs (2)(a), (b) and (c) applies.

(5)	In this item, prescribed period, for an exemption from customs import duty, means the 3 year period commencing from the approval of the application for the exemption.

5	Clause X3 of Schedule III (heading)

After “FORESTRY”, insert “PROJECT - STANDARD RELIEF”.

6	After clause X3 of Schedule III

Insert

“GOODS IMPORTED FOR AGRICULTURE, HORTICULTURE, LIVESTOCK OR FORESTRY PROJECT INVOLVING CAPITAL INVESTMENT OF VT1 BILLION OR MORE

X3A.	(1)	Despite clause X3, the Director of Customs may, subject to the favourable recommendation of the relevant Director, approve a total exemption from customs import duty on any goods referred to in that item for the prescribed period if:

(a)	the requirements set out in that item are met; and

(b)	the relevant Director is satisfied that the capital investment in Vanuatu in the development project concerned will be VT1 billion or more within the prescribed period.

(2)	If the relevant Director advises the Director of Customs, after the exemption is approved, that the relevant Director is satisfied (based on information not available to him or her when making the recommendation under subclause (1)) that the capital investment in Vanuatu has been or will be less than VT1 billion within the prescribed period:

(a)	the exemption ceases to apply; and

(b)	the provisions of item X3 are to be applied in relation to any goods that have been imported and are the subject of the exemption; and 

(c)	the importer must pay any customs import duty that is determined to be payable under paragraph (b).

(3)	However, if the relevant Director advises the Director of Customs that the relevant Director is satisfied that failure to invest VT1 billion or more within the prescribed period is due to circumstances beyond the control of the importer, the Director of Customs may continue the exemption for a further period.

(4)	If the relevant Director subsequently advises the Director of Customs that the relevant Director is satisfied (based on information not available to him or her when giving advice under subclause (3)) that the capital investment in Vanuatu has been or will be less than a total of VT1 billion during the prescribed period and the further period, paragraphs (2)(a), (b) and (c) applies.

(5)	In this item, prescribed period, for an exemption from customs import duty, means the 3 year period commencing from the approval of the application for the exemption.

7	Clause X4 of Schedule III (heading)

After “SHIPPING”, insert “ - STANDARD RELIEF”.

8	After clause X4 of Schedule III 

Insert

“GOODS IMPORTED FOR INTER-ISLAND SHIPPING INVOLVING CAPITAL INVESTMENT OF VT1 BILLION OR MORE”.

X4A.	(1)	Despite item X4, the Director of Customs may approve a total exemption from customs import duty on any goods referred to in that item for the prescribed period if:

(a)	the requirements set out in that item are met; and

(b)	the Director is satisfied that the capital investment in Vanuatu in the shipping project concerned will be VT1 billion or more within the prescribed period.

(2)	If the Director determines (after the exemption is approved and based on information not available to him or her when approving the total exemption under subclause (1)) that the capital investment in Vanuatu has been or will be less than VT1 billion within the prescribed period:

(a)	the exemption ceases to apply; and

(b)	the provisions of clause X4 are to be applied in relation to any goods that have been imported and are the subject of the exemption; and 

(c)	the importer must pay any customs import duty that is determined to be payable under paragraph (b).

(3)	However, if the Director determines that failure to invest VT1 billion or more within the prescribed period is due to circumstances beyond the control of the importer, he or she may continue the exemption for a further period.

(4)	If the Director determines subsequently (based on information not available to him or her when making the determination under subclause (3)) that the capital investment in Vanuatu has been or will be less than a total of VT1 billion during the prescribed period and the further period, paragraphs (2)(a), (b) and (c) applies.

(5)	In this item, prescribed period, for an exemption from customs import duty, means the 3 year period commencing from the approval of the application for the exemption.

9	Clause X5 of Schedule III (heading)

After “PROJECT”, insert “ - STANDARD RELIEF”.

10	After clause X5 of Schedule III 

Insert

“GOODS IMPORTED FOR A TOURISM DEVELOPMENT PROJECT INVOLVING CAPITAL INVESTMENT OF VT1 BILLION OR MORE

X5A.	(1)	Despite clause X5, the Director of Customs may, subject to the favourable recommendation of the Director of Tourism, approve a total exemption from customs import duty on any goods referred to in that item for the prescribed period if:

(a)	the requirements set out in that item are met; and

(b)	the Director of Tourism is satisfied that the capital investment in Vanuatu in the tourism development project concerned (excluding any such investment in vehicles or boats) will be VT1 billion or more within the prescribed period.

(2)	If the Director of Tourism advises the Director of Customs, after the exemption is approved, that the Director of Tourism is satisfied (based on information not available to him or her when making the recommendation under subclause (1)) that the capital investment in Vanuatu has been or will be less than VT1 billion within the prescribed period:

(a)	the exemption ceases to apply; and

(b)	the provisions of clause X5 are to be applied in relation to any goods that have been imported and are the subject of the exemption; and 

(c)	the importer must pay any customs import duty that is determined to be payable under paragraph (b).

(3)	However, if the Director of Tourism advises the Director of Customs that the Director of Tourism is satisfied that failure to invest VT1 billion or more within the prescribed period is due to circumstances beyond the control of the importer, the Director of Customs may continue the exemption for a further period.

(4)	If the Director of Tourism subsequently advises the Director of Customs that the Director of Tourism is satisfied (based on information not available to him or her when giving advice under subclause (3)) that the capital investment in Vanuatu has been or will be less than a total of VT1 billion during the prescribed period and the further period, paragraphs (2)(a), (b) and (c) applies.

(5)	In this item, prescribed period, for an exemption from customs import duty, means the 3 year period commencing from the approval of the application for the exemption.

11	Clause X9 of Schedule III (heading)

After “EQUIPMENT”, insert “FOR PROJECT - STANDARD RELIEF”.

12	After clause X9 of Schedule III 

Insert

“FISHERIES INDUSTRY EQUIPMENT FOR PROJECT INVOLVING CAPITAL INVESTMENT OF VT1 BILLION OR MORE

X9A.	(1)	Despite clause X9, the Director of Customs may, subject to the favourable recommendation of the Director of Fisheries, approve a total exemption from customs import duty on any goods referred to in that item for the prescribed period if:

(a)	the requirements set out in that item are met; and

(b)	the Director of Fisheries is satisfied that the capital investment in Vanuatu in the fisheries project concerned will be VT1 billion or more within the prescribed period.

(2)	If the Director of Fisheries advises the Director of Customs, after the exemption is approved, that the Director of Fisheries is satisfied (based on information not available to him or her when making the recommendation under subclause (1)) that the capital investment in Vanuatu has been or will be less than VT1 billion within the prescribed period:

(a)	the exemption ceases to apply; and

(b)	the provisions of clause X9 are to be applied in relation to any goods that have been imported and are the subject of the exemption; and 

(c)	the importer must pay any customs import duty that is determined to be payable under paragraph (b).

(3)	However, if the Director of Fisheries advises the Director of Customs that the Director of Fisheries is satisfied that failure to invest VT1 billion or more within the prescribed period is due to circumstances beyond the control of the importer, the Director of Customs may continue the exemption for a further period.

(4)	If the Director of Fisheries subsequently advises the Director of Customs that the Director of Fisheries is satisfied (based on information not available to him or her when giving advice under subclause (3)) that the capital investment in Vanuatu has been (or will be) less than a total of VT1 billion during the prescribed period and the further period, paragraphs (2)(a), (b) and (c) applies.

(5)	In this item, prescribed period, for an exemption from customs import duty, means the 3 year period commencing from the approval of the application for the exemption.

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