Ports and Airports Development Levy Act, No. 18 of 2011

1. This Act may be cited as the Ports and Airports Short title. Development Levy Act, No. 18 of 2011. PART I IMPOSITION OF PORTS AND AIRPORTS DEVELOPMENT LEVY

2. Subject to the provisions of section 7, there shall be Levy on articles charged and levied on the cost, insurance and freight value imported into Sri Lanka. of every article originating from outside Sri Lanka and imported into Sri Lanka, a levy to be called the Ports and Airports Development Levy ( hereinafter in this Part referred to as the “Levy”).

3. (1) The levy to be charged and levied in respect of Manner of the cost, insurance and freight value of any article referred calculating the levy. to in section 2 shall be calculated, at the rate of 5.0 percentum, for the period commencing on January 1, 2011. (2) With effect from January 1, 2011, no levy shall be charged in respect of the cost, insurance and freight value of any article imported into Sri Lanka— (a) for the purpose of processing and re-export; or (b) to be used for the manufacture of goods for exports. 2 Ports and Airports Development Levy Act, No. 18 of 2011 (3) The Minister may, from time to time having regard to the interests of the national economy, by Order published in the Gazette— (a) exempt from the operation of the above levy, any article specified therein; or (b) specify a concessionary rate to be charged and levied in respect of any article or articles specified therein. (4) Every Order, made in terms of subsection (3) by the Minister shall— (i) be in operation immediately upon the Minister affixing his signature thereto; (ii) be published in the Gazette as soon as convenient; (iii) be approved by resolution of Parliament as soon as convenient thereafter; and (iv) if not approved by Parliament, be deemed to be rescinded with effect from the date of such resolution.”. No levy to be 4. (1) The following articles shall be exempt from the charged in Ports and Airports Development Levy— respect of specified articles. (i) foreign currency notes as specified under the relevant Harmonized Commodity Description and coding System Numbers for the purposes of Customs Ordinance (Chapter 235) (with effect from June 1, 2010); (ii) goods for the use of international events conducted in Sri Lanka, on donations from abroad, as approved by the Minister in charge of the subject of Finance having regard to the interests of the national economy (with effect from May 12, 2010); Ports and Airports Development Levy 3 Act, No. 18 of 2011 (iii) goods for any infrastructure development project out of the donations directly to Government Ministries, as approved by the Minister in charge of the subject of Finance; (iv) goods for any specified project funded through foreign loans and on which project the tax is borne by the Government, as approved by the Minister in charge of the subject of Finance having regard to the interests of the national economy; and (v) any other article which the Minister in charge of the subject of Finance may, by Order published in the Gazette, in terms of subsection (3) of section 3, declare as being an exempted article. (2) Notwithstanding the provisions of sections 2 and 3, the Director-General of Customs shall defer the collection of the levy on the importation of any article, for the use of any specified project identified by the Minister in charge of the subject of Finance, by an Order published in the Gazette, having regard to the interests of the national economy on which the tax is borne by the government, with effect from July 1, 2009 until such time the article is re-exported after the completion of such project, subject to the furnishing of a corporate guarantee which covers the amount of the tax due on the articles so imported.

5. The levy payable under section 2 on an article Levy to be paid imported into Sri Lanka, shall be paid by the person importing to the Director- General of the article to the Director-General of Customs, at the time of Customs. the import of the article, and upon payment of the levy the Director-General of Customs shall cause an endorsement specifying the amount recovered as the levy to be made on the import invoice relating to that article.

6. Where any article originating from outside Sri Lanka Purchase of and imported into Sri Lanka is sold— certain articles deemed to be imported for the (a) by the Director-General of Customs for the recovery purpose of this of any customs duty, surcharge or other levy payable Act. 4 Ports and Airports Development Levy Act, No. 18 of 2011 or deemed to be payable under the Customs Ordinance or for any contravention of the provisions of the Customs Ordinance (Chapter 235); (b) by the Sri Lanka Ports Authority established by the Sri Lanka Ports Authority Act, No. 51 of 1979, for the recovery of any dues under that Act; or (c) by the Commissioner-General of Inland Revenue, for any taxes administered by him, the purchaser of that article shall be deemed for the purposes of section 5 to be the person importing that article and the provisions of this Act shall accordingly apply to such purchaser. Exemptions. 7. Nothing in section 2 shall apply to any article imported into Sri Lanka in respect of the provision of any service by a mission of any State or any organization to whom the provisions of the Diplomatic Privileges Act, No. 9 of 1996 applies. Customs 8. The levy shall, for purposes of recovery of the levy Ordinance to and notwithstanding anything to the contrary in this Act, be apply to the recovery of deemed to be a customs duty payable under the Customs levy. Ordinance (Chapter 235), and accordingly the provisions of the Customs Ordinance (Chapter 235) shall apply to the recovery of such levy. Amount 9. The Director-General of Customs shall transmit to recovered as the Consolidated Fund, all sums recovered by him as the levy to be credited to the levy under this Act. Consolidated Fund. Interpretation. 10. In this Part, unless the context otherwise requires, “article” means any goods, materials, foreign currency notes, any agricultural or horticultural products or merchandise but does not include diamonds, gems, gold, jewellery and electronic items, imported for the purpose of processing and re-export. Ports and Airports Development Levy 5 Act, No. 18 of 2011

11. The provisions of— Retrospective effect. (1) paragraph (i) of subsection (1) of section 4 of this Act shall be deemed for all purposes to have come into effect on June 1, 2010; (2) paragraph (ii) of subsection (1) of section 4 of this Act shall be deemed for all purposes to have come into effect on May 12, 2010; (3) paragraph (iii) of subsection (1) of section 4 of this Act shall be deemed for all purposes to have come into effect on September 8, 2010; (4) paragraph (iv) of subsection (1) of section 4 of this Act shall be deemed for all purposes to have come into effect on January 1, 2010;

12. The provisions of this Act shall, be deemed for all Operation of the purposes to have come in to operation on January 1, 2011. provisions of this Act,

13. Where the Director-General of Customs collects, Indemnity. during the period commencing on January 1, 2011 and ending on the date of the commencement of this Act, from a person importing any article, the levy on such amount as is equal to five percentum as specified in section 3 of this Act on the cost, insurance and freight value of such article, such collection, shall be deemed for all purposes to have been, and to be, validly made, and the Director-General of Customs is hereby indemnified against all action, civil or criminal, in respect of such collection.

14. (1) The Minister may make regulations in respect of Regulations. all matters which are required by this Act to be prescribed or in respect of which regulations are required or authorized to be made under this Act. (2) Every regulation made under subsection (1) shall be published in the Gazette and shall come into operation on the date of publication, or on later date as may be specified therein. 6 Ports and Airports Development Levy Act, No. 18 of 2011 (3) Every regulation made under subsection (1) shall, as soon as convenient after its publication in the Gazette, be placed before Parliament for approval. Every regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to anything previously done thereunder. (4) Notification of the date on which any regulation is deemed to be so rescinded shall be published in the Gazette. PART II AMENDMENT OF PART I OF THE FINANCE ACT, NO. 11 OF 2002 Amendment of 15. Section 2 of the Finance Act, No. 11 of 2002 (Part I) section 2 of Part is hereby amended in the first proviso to that section, by the I of the Finance Act, No. 11 of repeal of paragraph (d) thereof and the substitution therefor 2002. of the following paragraph:— “(d) for the period commencing on January 1, 2009 and ending on December 31, 2010 at the rate of 5.0 per centum.”. Part I of the 16. It is hereby declared for the avoidance of doubts, Finance Act, No. that the provisions of Part I of the Finance Act, No. 11 of 11 of 2002 not to apply. 2002 relating to the payment of the Ports and Airports Development Levy shall not apply to any article originating from outside Sri Lanka and imported into Sri Lanka or after January 1, 2011. Sinhala text to 17. In the event of any inconsistency between the prevail in case Sinhala and Tamil texts of this Act, the Sinhala text shall of any inconsistency. prevail. Ports and Airports Development Levy 7 Act, No. 18 of 2011 Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180 (Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th December each year in respect of the year following.