2000-01-01
Issued by the President and National Assembly of Seychelles, this Act amends the Immigration Decree to establish a dedicated International Trade Zone Work Permit for non-Seychellois workers. The Director General of Immigration, consulting the International Business Authority and International Trade Zone Authority, may grant or revoke these permits to authorize residence and gainful employment within designated zones, with provisions for including spouses and minor children. Existing non-Seychellois employees and operators already working in International Trade Zones automatically receive permits upon the Act's commencement, ensuring continuous legal authorization under the new regulatory framework.
[20th March] Supplement to Official Gazette 23
IMMIGRATION (AMENDMENT) ACT, 2000 (Act 3 of 2000)
I assent
F. A. René President
13th March, 2000
An Act to amend the Immigration Decree (Cap 93).
ENACTED by the President and the National Assembly.
24 Supplement to Official Gazette [20th March]
Amendment of Cap 93
"International Trade Zone Work Permit
17A.(1) A person who is not a Seychellois shall not be gainfully occupied in an International Trade Zone except under and in accordance with the conditions of an International Trade Zone Work Permit.
(2) On an application to the Director General of Immigration through the International Business Authority in the form approved by the Director General of Immigration the Director General of Immigration may, after consultation with the International Trade Zone Authority, grant to the applicant or the person in respect of whom an International Trade Zone Operator has made an application an International Trade Zone Work Permit.
(3) The Director General of Immigration may refuse to grant an International Trade Zone Work Permit without assigning reasons for the decision.
(4) An application referred to in subsection (2) may include a request that the spouse and minor children of the holder of the International Trade Zone Work Permit be authorised to reside with the holder of the Permit during the currency of the Permit, and where the application is granted, the Director General may include the names of such spouse and minor children in the Permit.
(5) An International Trade Zone Work Permit may be subject to such conditions not inconsistent with this section as the Director General of Immigration may think necessary.
[20th March] Supplement to Official Gazette 25
(6) An International Trade Zone Work Permit shall authorise the person named in the Permit to -
(a) reside in Seychelles; and
(b) be gainfully occupied in the International Trade Zone specified in the Permit
on the conditions specified in the Permit.
(7) The Director General of Immigration -
(a) may, after consultation with the International Business Authority, revoke an International Trade Zone Work Permit where the Director General is satisfied that there has been a contravention of this Act or a condition of the Permit;
(b) shall revoke an International Trade Zone Work Permit where the Director General is required to do so by the Minister on the ground of national interest.
(8) An International Trade Zone Work Permit shall cease to be valid -
(a) at the end of the period for which it was granted;
(b) in the case of a person who is an International Trade Zone Operator, on the person ceasing to carry on business in an International Trade Zone;
(c) in the case of a person who is employed by an International Trade Zone Opera-
26 Supplement to Official Gazette [20th March]
tor, on the person ceasing to be so employed by the Operator or on the Operator ceasing to carry on business in an International Trade Zone;
(d) if revoked by the Director General of Immigration under subsection (7).
(9) An International Trade Zone Operator shall forthwith notify the Director General of Immigration, through the International Business Authority -
(a) where the Operator is the holder of an International Trade Zone Work Permit, of the occurrence of an event specified in subsection (8) (a) or (b);
(b) where the Operator is the employer of a person who is the holder of an International Trade Zone Work Permit, of the occurrence of an event specified in subsection (8) (a) or (c).
(9) In this section -
"International Trade Zone" means an International Trade Zone in terms of the International Trade Zone Act;
"International Trade Zone Authority" means the Authority in terms of section 5 of the International Trade Zone Act;
"International Trade Zone Operator" means a person who holds a licence to carry on business under the International Trade Zone Act.".
3.(1) The Director General of Immigration shall, after consul-
[20th March] Supplement to Official Gazette 27
tation with the International Trade Zone Authority, issue to every person who, on the coming into operation of the amendment contained in section 2 -
(a) is not a Seychellois; and
(b) is lawfully in gainful occupation in an International Trade Zone,
an International Trade Zone Work Permit and the amendment contained in section 2 shall apply to the person and the Permit as if the Permit had been granted to the person by the Director General of Immigration following an application by or in respect of the person under the amendment.
(2) "International Trade Zone" and "International Trade Zone Authority" shall have the meanings assigned to these expressions in the amendment contained in section 2.
Application
I certify that this is a correct copy of the Bill which was passed by the National Assembly on 14th March, 2000.
Mrs. Sheila Banks Clerk to the National Assembly