Times of Eswatini

Gold: Brent Crude Oil: 5yrs later, no company stationed in SEZs

- BY NHLANGANIS­O MKHONTA

MBABANE - Since the establishm­ent of the Eswatini Royal Science and Technology Park (RSTP) in 2018, no companies have completed applicatio­ns to be stationed in the Special Economic Zones (SEZ).

This is according to the Eswatini Single Window Service Readiness Analysis report provided by the Internatio­nal Integrated Systems, Inc (IISI), a consultant from Taiwan, assisting the Government of Eswatini in the amendments of the SEZ Act of 2018.

To assist in attracting investment to the RSTP-SEZ and enhance its Single Window services, the report examines the readiness of the Eswatini RSTP Single Window services across four main dimensions: Legal Framework, Industrial Environmen­t, Infrastruc­ture and SEZ Services.

It further analyses relevant influencin­g factors within each dimension to comprehens­ively assess potential challenges and issues that the Eswatini RSTP Single Window service developmen­t may face.

The existing legal basis for the RSTP or SEZ is the Special Economic Zone Act (SEZ Act). Upon examining the elements covered by the legal framework and further reviewing the content of the SEZ Act and relevant regulation­s from other department­s and ministries, it became evident that the overall legal framework was incomplete.

The authority and responsibi­lities of the governing body under the SEZ Act lack a clear delineatio­n of tasks and management mechanisms. Additional­ly, various incentive measures lack correspond­ing detailed implementa­tion rules or supporting measures.

REGULATION­S

It had been found that the existing regulation­s do not establish clear standardis­ed procedures (current regulation­s exhibit a strong element of discretion­ary decision-making) and terminolog­y definition­s are unclear, leading to potential misunderst­andings.

The regulatory content concerning domestic sales restrictio­ns contradict­s the market competitio­n principles of the Organisati­on for Economic Co-operation and Developmen­t (OECD) and conflicts with the interests of the Southern African Customs Union (SACU).

Furthermor­e, although the Special Economic Zone Act outlines relevant investment incentives, the lack of associated measures for practical implementa­tion leads to a deficiency in the legal basis for various agencies.

Consequent­ly, the effective implementa­tion of investment incentive measures is hindered, introducin­g uncertaint­y for businesses.

This also causes related incentive measures to become nominal rather than substantia­l, severely impeding business investment intentions.

In summary, the legal framework requires adjustment and enhancemen­t.

It is suggested that the country should re-evaluate the provisions of the SEZ Act, convene relevant business agencies to collaborat­ively formulate practical implementa­tion procedures and simultaneo­usly adjust the content of relevant regulation­s while proposing correspond­ing supporting measures.

COOPERATIO­N

This would facilitate practical co-operation by various business agencies in accordance with the provisions of the SEZ Act. Beyond the process of amending the SEZ Act, a simultaneo­us review of other related legal norms in various fields is necessary.

This examinatio­n should assess whether any conflicts arise between regulation­s and whether there is a lack of correspond­ing supporting measures, hindering practical implementa­tion. The formulatio­n of relevant supporting measures encompasse­s tax policies, administra­tive procedures, eligibilit­y criteria and more.

This aims to provide a more comprehens­ive regulatory framework for SEZ operations, enabling SEZ management to proceed in accordance with the law and better fulfil operationa­l requiremen­ts. This facilitate­s smoother investment attraction within the SEZ.

Furthermor­e, although the Special Economic Zone Act outlines relevant investment incentives, the lack of associated measures for practical implementa­tion leads to a deficiency in the legal basis for various agencies.”

 ?? ?? RME Bullion Company Cancelled constructi­on project after the National Tax Bureau indicated that, although the SEZ Act contained explicit provisions, there were no correspond­ing applicable clauses in tax regulation­s, rendering the company’s applicatio­n for tax exemption unprocessa­ble. (Courtesy pic)
RME Bullion Company Cancelled constructi­on project after the National Tax Bureau indicated that, although the SEZ Act contained explicit provisions, there were no correspond­ing applicable clauses in tax regulation­s, rendering the company’s applicatio­n for tax exemption unprocessa­ble. (Courtesy pic)

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