TRINIDAD AND TOBAGO, February 7 - 23rd January, 2022:

Planning and Development Minister Camille Robinson-Regis is highlighting for the public’s interest and information that the Trinidad and Tobago Special Economic Zones Bill, 2021 has special clauses to ensure the highest levels of transparency facilitating public scrutiny and government accountability.   The Bill was passed in Parliament on January 18, 2022 with 32 members of the House voting for, none against and no one abstaining.

The Minister added that it was extremely important for government to address the concerns and criticisms that if not properly managed, the new Special Economic Zone legislation which will result in the creation of a Special Economic Zone Authority, would be open to corruption, poor labour practices and weak enforcement.

According to Minister Robinson-Regis, the Bill addresses these concerns through government’s commitment to the National Development Goal of ‘Delivering Good Governance and Service Excellence’ as stated in Clauses 7, 10 and 78 of the Bill.  Clause 7 speaks to the appointment of Directors to the Board of the SEZ Authority. What is striking in these appointments is the staggered nature of the appointments:

• the Chairman and three (3) other members shall be appointed for a term of four (4) years;

• the Deputy Chairman and two (2) other members shall be appointed for a term of three (3) years;

• three (3) members shall be appointed for a term of two (2) years; and all such appointments shall not expire on the same date.

• Moreover, any appointments to the Board, subsequent to the tenure of the Board’s first appointment shall be for periods not exceeding four (4) years and the appointments shall not exceed eight (8) years consecutively or in aggregate for each member.

This simple innovation ensures that the entire Board does not demit office at the same time, avoiding the confusion that follows such existing scenarios.  Moreover, Clause 10 requires every member of the Board to submit an annual declaration stating whether or not they have an actual or contingent pecuniary or other interest in any operator, SEZ Enterprise, Single Zone Enterprise regulated by the Authority or is an applicant that has previously applied for a licence under this Act or is carrying on business with the Authority in the exercise of its functions.

Clause 10(4) provides that any member who fails to comply commits an offence and is liable on summary conviction to a fine of five hundred thousand dollars ($500,000.00) and to imprisonment for five (5) years, or on conviction on indictment to a fine of one million dollars ($1,000,000.00) and to imprisonment for ten (10) years.

Additionally, adds the Planning Minister, Clause 78 tasks the Authority with the establishment and maintenance of Public Registers, physically and electronically, which will be available for public scrutiny. These Registers must contain the following information in relation to each license:

• name, address and description of the business activity of the operator,

• SEZ Enterprise or Single Zone Enterprise to whom the licence is issued;

• date on which it was issued;

• zone to which it relates; and

• benefits granted to any Operator, SEZ Enterprise or Single Zone Enterprise (Clause 64).

The Town and Country Planning Division (TCPD) of the Ministry of Planning and Development, through provisions under the Planning and Facilitation of Development (PAFD) Act or the Town and Country Planning Act Ch. 35:01, will also work with the Ministry of Trade and Industry to facilitate enforcement action against an Operator for Non-Compliance, under Clauses 44, 45, 59, 60 and 61 of the SEZ Bill.  Part III Clause 7 (2) (d) of the proposed Bill provides for a senior officer of the TCPD to be a Member of the Board of the Trinidad and Tobago Economic Zones Authority with a remit to provide any necessary guidance required in this area.

Whereas Clause 30 of the SEZ Bill provides for the designation of areas as Special Economic Zones, the PAFD Act will address relevant land use planning factors as provided for in Clause 30. These include the type of land use permitted, site location, topographical considerations, adequacy of physical infrastructure and public utilities, and environmental issues.

“These clauses constitute tangible evidence of the progressive nature of this legislation, and this Government’s insistence upon transparency in all transactions where tax payers’ funds are being utilized,” Minister Robinson-Regis.