Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697640187620.pdf (Antigua and Barbuda)
No.

120f2001.

Law Revision Miscellaneous (Amendment) (No.

3) Act 2001.

1 ANTIGUA AND BARBUDA [ L.S. ]

I Assent, James B. Carlisle, Governor-General.

30th August, 2001.

ANTIGUA AND BARBUDA No.

12 of 2001 AN ACT to amend the provisions of certain Acts of Parliament.

[ 31st August, 2001 ] ENACTED by the Parliament of Antigua and Barbuda as follows - 1.

This Act may be cited as the Law Revision Miscellaneous short title.

(Amendment) (No.

3) Act, 2001.

2.


The Customs Service Tax is amended as follows - Amendment of the Customs Senice by the repeal of section 5 and the substitution of the TaXAct'Cap.

12'.

following - (a) "(1) The tax is at the rate of ten percentum of the value of all goods imported into Antigua and Barbuda except the goods specified in the Schedule.

(2) The rate of tax of the goods specified in the Schedule is five percentum of the value of the goods."
ANTIGUA AND BARBUDA 2 Law Revision Miscellaneous (Amendment) (No.

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(b) by the repeal of section 6 and the substitution of the following - "(6) The value of any goods for the pur- poses of assessing the tax is the same as as- certained under the Second Schedule of the Customs (Control and Management) Act 1993,No.

7 of 1993."

(c) by inserting after section 10 the following Sched- ule.

Heading No.
1006.10-1006.409 1101.001 1101.009 SCHEDULE Description Rice m t e Flour (Dururn) Other 1701.11 1701.12 Cane Sugar Beet Sugar 2501.001 Salt (Table) 04.01--04.02 Mllk 0405.002 0405.003 1517.10 Butter (Fresh) Butter (Salt) Margarine 1507.1&1515.29 Refined Edible Oil 1103.13 Maize (Corn) Meal 3401.11-3401.191 9404.90 Soap (Toilet) Bed pads (for adults) 4818.402 4818.409 3306.101 Napkins (Diapers) for babies Napkins (Diapers) for adults Toothpaste 3001.00,3004.909 3006.1G-3006.60 Medicine Pharmaceutical goods No.
12of2001.

Law Revision Miscellaneous (Amendment) (No.

3) Act 2001.

3 ANTIGUA AND BARBUDA Heading No.

Description Petroleum Products 2710.11,2710.129 2710.1112710.149 2710.21-2710.219 2710.42-2710.429 27 10.22 3.

The Immigration and Passport Act is amended as fol- Amendmentofthe Immigration and Passport Act, Cap.

208. lows - (a) by inserting in its appropriate alphabetical order in section 2 the following - "Minister" means the Minister reponsible for the admnistration of this Act.
(b) by deleting the words "Governor-General" in sec- tions 6, 15, 17, 21, 23, and 25 and substituting therefor the word "Minister."
(c) in section 15, by the repeal of subsection (2) and the substitution of the following - "(2) It shall be lawful for the Minister by Order - (a) (b) to exempt any persons or class of persons either permanently or on a limited period from all or any of the provisions of this section; to require any person or class of persons specified in subsection (1) (a) and (b) to have in his posses- sion a passport which has been visaed by a consular agent or con- sular officer in the service of the Government of Antigua and Barbuda or other person duly so authorised."
ANTIGUA AND BARBUDA Amendment of the International Business Corpora- tion Act, Cap.

222.

4 Law Revision Miscellaneous (Amendment) (No.

3) Act 2001.

No.

12 of 2001. '

4.
The International Business Corporation Act is amended as follows - (a) in section 235, by inserting after subsection (4) the following - " (5) It is also a condition of the licence issued under this Part that the licensee shall - (a) have a physical presence in Anti- gua and Barbuda; (b) designate and notify to the Au- thority its principal office in Anti- gua and Barbuda; @) by repealing subsections (I), (2) and (3) of section 28 1 and substituting the following - "(1) Notwithstanding anything contained in the Income Tax Act, in this Act referred to as "the Act", every exempt Corporation li- censed to carry on the business of banking, interactive gaming, interactive wagering, sports book and virtual casinos under this Act shall be chargeable to income tax imposed by the Act.
(2) The Income Tax imposed by the Act upon the chargeable income of an exempt cor- poration carrying on the business of - (a) banking from Antigua and Barbuda, shall be charged at the rate of three percentum (3%) on the interest income on loans; (b) interactive gaming, interactive wagering, sports book and virtual casinos from Antigua and Barbuda shall be charged at the rate of three percentum (3%) of the net win; provided that an ex- No.

120f2001.

Law Revision Miscellaneous (Amendment) (No.

3) Act 2001.
3) Act 2001.

5 ANTIGUA AND BARBUDA empt corporation carrying on any of the business specified in this paragraph shall, on the produc- tion of evidence satisfactory to the Commissioner of Inland Rev- enue, be entitled to deduct - (i) licensing cost of not more than forty percenturn (40%) from the net win; (ii) charge backs on credit cards for a period not eighteen exceeeding months after the original charge was made.
(3) For the purpose of this Division - (a) interest income on loans in rela- tion to banking business carried on under this Act means interest income on loans minus interest expense; (b) net win in relation to interactive gaming, interactive wagering, sports book and virtual casinos carried on under this Act, means the difference between the gross stakes laid and the winnings that are paid out; (c) the tax imposed by this section shall be paid quarterly."
(c) in section 316 (5), by deleting all the words after the colon and substituting the following - "Provided that no person shall be quali- fied to be a member or an employee of the Board if such person or his spouse is a share- holder, director, officer or employee of a bank- ing, insurance or trust corporation or any other ANTIGUA AND BARBUDA 6 Law Revision Miscellaneous (Amendment) (No.

3) Act 2001.

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corporation licensed to do business under this Act.
Amendment of the Petroleum Act, Cap.

326.

5.

The Petroleum Act is amended as follows - (a) in section 2, by inserting in its alphabetical order the following - "Minister" means the Minister responsible for Finance; (b) by inserting after section 21 the following new sec- tion - 22.

(1) Notwithstanding the "Imposition of m o u g h p u t k v ~ .
provisions of any other law, the Minister may, by Order published impose a in the Gazette, Throughput Levy on the impor- tation into Antigua and Barbuda of the following petroleum pro- ducts - (a) Gasoline; (b) Diesel; (c) Kerosene; (d) BunkerC; (e) Liquid Petroleum Gas (LPG); (f) Jet Fuel; and (g) Aviation Fuel.

(2) Any levy imposed by the Minister pursuant to this section shall be paid by the importer to the Comptroller of Customs on delivery of the product to the im- porter.

No.

12 0f2001.
No.

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Law Revision Miscellaneous (Amendment) (No.

3) Act 2001.

7 ANTIGUA AND BARBUDA (3) It is unlawful for any in?- porter of, or dealer in petroleum products to - (a) (b) raise the retail and bulk sale of the petro- leum products speci- fied in subsection (1) by adding any levy imposed by the Min- ister pursuant to this section the cument retail or bulk prices; or to in any other manner, pass on the levy in?- posed by the Minis- ter pursuant to this section the customer.
to (4) Any person who contra- venes subsection (3) commits an offence and is liable on summary conviction to a fine not exceed- ing ten thousand dollars or to a term of imprisonment not exceed- ing six months.

6.

The Stamp Act is amended by inserting in its appropriate Amendment ofthe alphabetical order in the Schedule the following - "LOANS TO NON-CITIZENS Schedule to the Stamp Act, Cap.

410.
410.

(1) Any Bank or Financial Institution which provides loans to a non-citizen is liable to a payment of a stamp duty of three percent of the total amount so provided.

(2) For the purpose of this paragraph the expression - (a) "non-citizen" includes a company registered under the Companies Act in which two thirds of the shares are not beneficially owned by citizens of Antigua ANTIGUA AND BARBUDA 8 Law Revision Miscellaneous (Amendment) (No.

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and Barbuda, and a share is deemed not to be beneficially owned by a citizen of Antigua and Barbuda if - (i) that citizen of Antigua and Barbuda is in any way under obligation to or oth- erwise may exercise any right attach- ing to that share at the instance of, or for the benefit of, any person who is not a citizen of Antigua and Barbuda; (ii) that share is held jointly or severally with any person who is not a citizen of Antigua and Barbuda.
(b) "Bank and "Financial Institutions" have the mean- ing assigned to them in section 2 of the Banking Act, and section 2 of the Financial Institutions (Non- Banking ) Act, respectively."

Cap.

410.

(3) Any stamp duty paid by a non-citizen on a loan provided by a Bank or Financial Institution under the Stamp Act on or after the 24th of November, 1994 shall be deemed to have been validly paid."

Amendment of the Customs Duties Act 1993, No.

27 of 7.
The Customs Duty Act 1993 is amended in subsection 8A (1) as follows - (a) by the repeal of paragraph (b) and the substitution of the following - "(b) empty containers of solid glass, steel or plastic imported into or manufactured in Antigua and Barbuda and used for bottling aerated, carbonated, non-car- bonated soft drinks, cider, juices, bev- erage, ale, malt, beer and stout, a waste management deposit levy of twenty-five cents per container;" (b) in paragraph (c), by the repeal of items (i), (ii), (iii) and (vi) and the substitution of the following - No.
12 of 2001.

Law Revision Miscellaneous (Amendment) (No.

3) Act 2001.

9 ANTIGUA AND BARBUDA "(i) motor vehcles manufactured prior to 1st $2,000 January, 1996; (ii) motor vehicles manufactured after $1,000 1995; (iii) motor vehicle used tyres; $10 (vi) Electric Accumulator and parts as speci- fied under the Customs Duties Act, Tariff Head 85.07.001, 8507.002, $20 8507.009 per each battery."
(c) by the insertion after item (viii) of the following - "(ix) vacuum cleaners, floor polishers, kitchen waste disposers, food grinders and mixers, storage immersion and space heaters, hair driers, irons, cool- ers, toasters, cofee makers specified un- der the Customs Duties Act, Tariff Head 8516.80, 8509.10-8509.809,8516.10- but excluding Tariff Head 85 16.50 and $20.00 8516.601 - 8516.609; per each electrical appliance."
(d) by the repeal of paragraph (d) and the substitution of the following - "For the purposes of this section, white goods are as specified under the Customs Duties Act, Tariff Heads - 85 18.69,8422.10 - 8422.19,8450.10 - 8450.209,845 1.10 - 8451.80,84516.50 and 8516.601 -8516.609."
(e) by the insertion after subsection 8B (2) the follow- mg - (3) The Minister may, by Order published in the Gazette - (a) vary the list of goods exempted from the levy under this Act; ANTIGUA AND BARBUDA 10 Law Revision Miscellaneous (Amendment) (No.

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(b) exempt any goods from the pay- ment of the levy."

Passed the House of Representatives this 2nd day of August, 2001.

Passed the Senate this 23rd day of August, 200 1.

B. Harris, Speaker.

L. Smith, Vice-President.


S. Walker, Clerk of the House of Representatives.

S. Walker, Clerk of the Senate.

Printed at the Government Printing Office, Antigua and Barbuda, by Donovan Southwell, Government Printer - By Authority, 200 1.

800- 8.01 [Price $4.351