What is an SEZ? It is a geographical region that has economic
laws that are more liberal than a country’s typical economic laws. An SEZ is a
trade capacity development tool, with the goal to promote rapid economic growth
by using tax and business incentives to attract foreign investment and
technology. Today, there are approximately 3,000 SEZs operating in 120
countries, which account for over US$ 600 billion in exports and about 50
million jobs. By offering privileged terms, SEZs attract investment and foreign
exchange, spur employment and boost the development of improved technologies
and infrastructure.
Moreover SEZ’s provide a medium wherein it not
only attracts foreign companies looking for cheaper and efficient location to
setup their offshore business, but it also allows the local industries to
improve their export through a proper channel and with the help of the new
foreign partners to the outside world at a very competitive price. SEZ’s offer
relaxed tax and tariff policies which is different from the other economic
areas in the country. Duty free import of raw materials for production is one
example. Moreover the Free trade zones attract big players who want to setup
business without any license hassles and the long process involved in it. Most
of the allotment is done through a single window system and which is highly
transparent system. The bottom-line therefore is increased export and FDI
(Foreign Direct Investments) enabling increased Public-private partnership and
ultimately resulting in a development of world class infrastructure, boost
economic growth, exports and employment.
India and SEZ:
Overview: The SEZ policy was first introduced in India
in April 2000, as a part of the Export-Import (“EXIM”) policy of India.
Considering the need to enhance foreign investment and promote exports from the
country and realizing the need that level playing field must be made available
to the domestic enterprises and manufacturers to be competitive globally, the
Government of India in April 2000 announced the introduction of Special
Economic Zones policy in the country deemed to be foreign territory for the
purposes of trade operations, duties and tariffs. To provide an internationally
competitive and hassle free environment for exports, units were allowed be set
up in SEZ for manufacture of goods and rendering of services. All the import/export
operations of the SEZ units are on self-certification basis. The units in the
Zone are required to be a net foreign exchange earner but they would not be
subjected to any pre-determined value addition or minimum export performance
requirements. Sales in the Domestic Tariff Area by SEZ units are subject to
payment of full Custom Duty and as per import policy in force. Further Offshore
banking units are being allowed to be set up in the SEZs.
Are SEZ’s New to India? India is one of the first countries in Asia
to recognize the effectiveness of the Export Processing Zone (EPZ) model in
promoting exports. Asia’s first EPZ was set up in Kandla in 1965. With a view
to create an environment for achieving rapid growth in exports, a Special
Economic Zone policy was announced in the Export and Import (EXIM) Policy 2000.
Under this policy, one of the main features is that the designated duty free
enclave to be treated as foreign territory only for trade operations and duties
and tariffs. No license required for import. The manufacturing, trading or
service activities are allowed. While EPZs are industrial estates, SEZs
are virtually industrial townships that provide supportive infrastructure such
as housing, roads, ports and telecommunication. The scope of activities that
can be undertaken in the SEZs is much wider and their linkages with the
domestic economy are stronger. Resultantly they have a diversified industrial
base. Their role is not transient like the EPZs, as they are intended to be
instruments of regional development as well as export promotion. As such, SEZs
can have tremendous impact on exports, inflow of foreign investment and
employment generation.
SEZ Act 2005: To provide a stable economic environment
for the promotion of Export-import of goods in a quick, efficient and
hassle-free manner, Government of India enacted the SEZ Act, which received the
assent of the President of India on June 23, 2005. The SEZ Act and the SEZ
Rules, 2006 (“SEZ Rules”) were notified on February 10, 2006. The SEZ Act is expected
to give a big thrust to exports and consequently to the foreign direct
investment (“FDI”) inflows into India, and is considered to be one of the
finest pieces of legislation that may well represent the future of the
industrial development strategy in India. The new law is aimed at encouraging
public-private partnership to develop world-class infrastructure and attract
private investment (domestic and foreign), boosting economic growth, exports
and employment.
The SEZs Rules, inter-alia, provide for drastic
simplification of procedures and for single window clearance on matters
relating to central as well as state governments. Investment of the order of
Rs.100,000 crores over the next 3 years with an employment potential of over 5
lakh is expected from the new SEZs apart from indirect employment during the
construction period of the SEZs. Heavy investments are expected in sectors like
IT, Pharma, Bio-technology, Textiles, Petro-chemicals, Auto-components, etc.
The SEZ Rules provides the simplification of procedures for development,
operation, and maintenance of the Special Economic Zones and for setting up and
conducting business in SEZs. This includes simplified compliance procedures and
documentation with an emphasis on self-certification; single window clearance
for setting up of an SEZ, setting up a unit in SEZs and clearance on matters
relating to Central as well as State Governments; no requirement for providing
bank guarantees; contract manufacturing for foreign principals with option to
obtain sub-contracting permission at the initial approval stage; and
Import-Export of all items through personal baggage.
With a view to augmenting infrastructure
facilities for export production it has been decided to permit the setting up
of Special Economic Zones (SEZs) in the public, private, joint sector or by the
State Governments. The minimum size of the Special Economic Zone shall not be
less than 1000 hectares. Minimum area requirement shall, however, not be
applicable to product specific and port/airport based SEZ. This measure is
expected to promote self-contained areas supported by world-class
infrastructure oriented towards export production. Any private/public/joint
sector or State Government or its agencies can set up Special Economic Zone
(SEZ).
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