ASEZA Guidlines The Aqaba Special Economic Zone Law EN 031603
ASEZA Guidlines The Aqaba Special Economic Zone Law EN 031603
Article (1) : This Law shall be known as the “Aqaba Special Economic Zone Law for the Year
2000” and shall come into effect as of the date of its publication in the Official
Gazette.
Definitions
Article (2) : The following words and phrases wherever used in this Law shall have the
meanings ascribed thereto hereunder unless the context indicates otherwise:
Zone : The Aqaba Special Economic Zone.
Authority : The Authority of the Zone.
Board : The Board of Commissioners.
Chief Commissioner : The Chairman of the Board.
Registered : The person registered with the Authority pursuant
Enterprise to the provisions of this Law.
Customs Territory : The lands and territorial waters of the Kingdom
excluding the Zone.
Region : The lands of the Aqaba Governorate, which fall
outside the perimeters of the Zone and are not
within the perimeters of the Jordan Valley in
accordance with the Jordan Valley Development
Law.
Admission : Admitting goods that are subject to custom duties
and taxes in the Customs Territory to the Zone,
without collecting such taxes and duties on such
goods.
Importation : Bringing goods into the Zone, including
Admission, and excluding bringing goods from the
Customs Territory into the Zone on which duties
and tax are paid therein.
Article (3) : The aim of the establishment of the Zone is to enhance economic capability in
the Kingdom by attracting different economic activities and investments
thereto.
Article (4) : The perimeters of the Zone shall be determined by a decision of the Council of
Ministers upon the recommendation of the Board. The Council of Ministers may
amend these perimeters according to the business requirements of the
Authority and the exigencies of public interest. The decision and any
amendment thereto shall be published in the Official Gazette.
Article (5) : The starting date of operation in the Zone shall be determined by a decision of
the Council of Ministers upon the recommendation of the Board. Such decision
shall be published in the Official Gazette.
Article (6) : All legislation in force in the Kingdom shall apply to the Zone. The provisions of
this Law shall supersede in case of contradiction with the provisions of such
legislation.
Article (7) : a. An Authority to be known as the “Aqaba Special Economic Zone Authority”
shall be established in the Kingdom and shall have a juridical personality
with financial and administrative autonomy. As such, the Authority may
acquire movable and immovable property and perform all legal acts
necessary to achieve its objectives, including concluding contracts,
accepting aids, grants and donations, and litigating. The Civil Attorney
General or any attorney appointed by the Authority for this purpose shall
represent the Authority in any legal proceedings.
b. The headquarters of the Authority shall be in the Zone. The Authority may
establish liaison offices within and outside the Kingdom.
c. The Authority shall be associated to the Prime Minister.
Article (8) : a. As of the date specified by the Council of Ministers, the Authority shall
become the legal and factual successor of the Aqaba Region Authority and
the Municipality of Aqaba according to the provisions of this Law.
b. All rights and obligations of the Aqaba Region Authority and the
Municipality of Aqaba shall be transferred to the Authority. The Authority
shall undertake to execute all contracts and agreements to which any of
such entities was a party thereto at the date specified by the Council of
Ministers as if such contracts and agreements were concluded with the
Authority.
c. Ownership of the Jordan Free Zones Corporation’s facilities and properties
located within the perimeters of the Zone shall be transferred to the
Authority for consideration determined by the Council of Ministers.
d. All employees and personnel of the Aqaba Region Authority, the Free
Zones Corporation in Aqaba and the Municipality of Aqaba shall be
transferred to the Authority de jure.
e. The Jordan Industrial Estate Corporation shall be considered in the Zone
as a Registered Enterprise. Without prejudice to the Jordan Industrial
Estate Corporation’s rights and obligations incurred prior to the
enforcement of the provisions of this Law, the provisions of the Jordan
Industrial Estate Corporation Law in force shall not apply in the Zone.
Article (12) : a. The Authority shall be administered and supervised by a Board known as
the “Board of Commissioners”, which shall be composed of six full-time
members, including the Chief Commissioner and the Vice-Chief
Commissioner who shall be appointed by a decision of the Council of
Ministers upon the recommendation of the Prime Minister for a renewable
four-year term, provided that such decision shall be endorsed by a Royal
Decree.
b. The membership term for the first Board shall be two years for half of its
members and four years for the other half, provided that the Chief
Commissioner and the Vice-Chief Commissioner are among the latter half.
c. Within the term of the Board, the Council of Ministers may terminate the
membership of any of its members and appoint a replacement in the same
manner provided for in Paragraph (a) of this Article.
d. Wages, allowances and all financial entitlements of the Chief
Commissioner and the Board members shall be determined by a decision
of the Council of Ministers upon the recommendation of the Prime
Minister.
Article (14) : Upon entry of this Law into force, the Council of Ministers shall issue the
necessary decrees for the establishment of the Zone and commencement of its
activities, specifically the following:
a. Appointment of the Chief Commissioner, the Vice-Chief Commissioner and
the Board members.
b. Upon the recommendation of the Board and subject to the plan prepared
for this purpose, determine the procedures and dates for the transfer of
the responsibilities and duties of the Aqaba Region Authority to the
Authority.
c. Upon the recommendation of the Board, determine the date on which the
Board shall assume the functions of the Municipality of Aqaba and any
necessary procedures for this purpose.
d. Upon the recommendation of the Board, determine the procedures by
which the employees and personnel of the Aqaba Region Authority, the
Free Zones Corporation in Aqaba and the Municipality of Aqaba shall be
transferred to the Authority.
e. Any decision deemed necessary for enabling the Authority to perform its
duties within the period prior to the date of commencing the operations in
the Zone.
Article (15) : The Board shall assume the following functions and authorities:
a. Prepare the general policy to develop the Zone with the approval of the
Council of Ministers, and approve the necessary plans and programs for
the implementation thereof.
b. Allocate investment areas in the Zone and determine land use therein on
the basis of the different sectors.
c. Approve the organizational structure of the executive body of the
Authority, the Classifier Table and the job descriptions therein.
d. Supervise the executive body of the Authority and the operation of the
Authority in a manner that ensures good performance.
e. The functions of the Municipal Council according to the provisions of the
Municipalities Law in force and the regulations issued pursuant thereto.
f. The authorities of the Higher Zoning Council and the Province and Local
Zoning Committees in accordance with the Cities, Villages and Buildings
Zoning Law in force and the regulations issued pursuant thereto. For this
purpose, the Chief Commissioner shall assume the powers of the Ministers
prescribed in accordance with these legislation.
g. Expropriate lands and property necessary for the operations of the
Authority’s activities or development of the Zone according to the
provisions of the Eminent Domain Law in force.
Article (16) : a. The Board shall convene at least twice every month upon an invitation
from the Chief Commissioner or the Vice-Chief Commissioner in his
absence. The quorum of the Board meetings shall be met upon the
attendance of the majority of its members, provided that the Chief
Commissioner or the Vice-Chief Commissioner is among them.
b. The Board shall issue its resolutions by a majority vote of the attending
members, provided that it is not less than three votes. A member cannot
refrain from voting, and each opposer shall record his opposing decision in
writing in the minutes of the meeting and sign thereon. If the votes are
tied, the vote of the Chairman of the meeting shall be determinant.
c. The procedures for regulating the Board’s functions, meetings and all
other matters shall be determined by Instructions issued by the Board.
Article (17) : a. 1. The Board may contract with financially and technically qualified
entities to develop or administer the Zone. The basis and conditions of
contracting shall be determined in accordance with a Regulation
issued for this purpose.
2. Notwithstanding what is stated in any other legislation, the Authority
shall be responsible for developing the Aqaba Port, Airport and of the
public utility services inside the Zone. The Board shall be entitled,
upon the approval of the Council of Ministers, to contract with
financially and technically qualified entities, and any of the entities
referred to in Subparagraph (1) of this Paragraph for the purposes of
developing or managing any of them, provided that the relevant
bodies in accordance with the legislation in force participate in the
negotiations conducted with the qualified entities and according to
what is decided by the Council of Ministers in this regard. The
Article (18) : a. The Chief Commissioner, as the chief executive of the Authority, shall
assume the following functions and powers:
1. Execute the Board’s decisions.
2. Supervise the administrative, financial, supplies and works affairs of
the Authority.
3. Sign contracts and agreements concluded between the Authority and
third parties as authorized by the Board.
4. Prepare the annual estimated budget of the Authority and the
Classifier Table thereof.
5. Prepare the annual report of the activities of the Authority, its balance
sheet and year-end accounts of the previous fiscal year.
6. Any other powers accorded thereto in accordance with the Regulations
issued pursuant to this Law or delegated thereto in writing by the
Board.
7. The authorities of the Minister of Transport pursuant to the Ports
Corporation Law or any other legislation in force pertinent to the
transport sector within the Zone, excluding what is related to the
marine transport without the services.
8. The Governor’s powers in the Governate of Aqaba pursuant to the
legislation in force if the Minister of Interior, upon the approval of the
Council of Ministers, does not appoint a Governor for such, whereby in
the event of his appointment, a memorandum of understanding shall
be prepared between the Minister and the Chief of the Board of
Commissioners, which shall be approved by the Council of the
Ministers. The Governor shall, when performing his functions in
accordance with the enacted legislation, take this memorandum of
understating into consideration. In the event a dispute arises between
the two parties when implementing the memorandum, the matter
shall be referred to the Prime Minister for resolution.
b. The Chief Commissioner shall represent the Authority before others.
Article (19) : The revenues of the Authority shall consist of the following:
a. The annual funds allocated for the Authority in the General Budget.
b. Any fees, taxes or returns accrued to the Authority according to the
provisions of this Law and the Regulations issued pursuant thereto.
c. Any fee collected by the Authority in exchange for services rendered to
others.
d. Fines and civil compensations resulting from implementing penalties for
violating any of the provisions of this Law and the laws in force in the
Zone, including implementing the penalties stipulated in Article (39) of this
Law.
e. The loans it obtains.
f. Aids, grants and donations it receives, provided that such shall be subject
to the approval of the Council of Ministers if the source is not Jordanian.
g. Proceeds from disposition by the Authority’s of its assets according to the
prescribed legal principles.
h. Any revenue from any other source accepted by the Board and approved
by the Council of Ministers.
Article (20) : a. The Authority’s fiscal year shall start on January 1st of each year and end
on December 31st of the same year.
b. The Authority shall have an independent budget, approved by the Board
and endorsed by the Council of Ministers.
c. Any surplus in the annual budget of the Authority shall be remitted to the
Public Treasury, subject to the Authority’s obligations relating to the
expenses of its future projects.
d. The accounts of the Authority shall be post audited by the Audit Bureau.
The Authority may appoint a certified auditor who shall submit his audit
report to the Council of Ministers.
Article (21) : a. The Authority shall enjoy the exemptions and facilities granted to
Ministries and Government Departments. The Authority shall be entitled to
benefit, in the Zone, from any privileges or exemption accorded to
Registered Enterprises pursuant to this Law.
b. The property of the Authority shall be considered as public property and
shall be subject to the provisions of the Collection of Domanial Property
Law in force. The Chief Commissioner or whom he authorizes for this
purpose shall assume all powers of the Administrative Governor and the
Committee for Collection of Domanial Property accorded thereof.
Article (22) : a. Whoever is conducting any economic activity in the Zone and is willing to
benefit from any privileges and exemptions as stipulated in this Law, shall
apply to the Authority for registration as a Registered Enterprise.
b. Procedures and conditions of registration, and registration fees collected
by the Authority and any other related matters shall be determined in
accordance with a Regulation issued for this purpose.
c. Non-Jordanian companies registered with the Authority shall be exempted
from registering with the Companies Controller.
d. Subject to Paragraph (a) of Article (17) of this Law, the Authority shall be
prohibited from owning stocks or shares in Registered Enterprises.
e. All ministries, governmental department, official corporations and public
institutions operating within the Zone shall be treated as Registered
Enterprises in order to enjoy the facilities and privileges prescribed to
these Enterprises and on the bases of the statements relating to the
movement of the goods belonging to these entities that should be
presented to the Authority.
Article (23) : Any person not registered as a Registered Enterprise may conduct an economic
activity in the Zone, provided that they comply with the basis and conditions
determined in this Law and the regulations issued pursuant thereto in relation
to Registered Enterprises and any other conditions or basis determined by the
Board. In such case, such person shall not be entitled to benefit from the
privileges or exemptions accorded to Registered Enterprises in accordance with
the provisions of this Law.
Article (24) : Any Registered Enterprise may conduct any economic activity except what is
prohibited or restricted in the Zone in accordance with a Regulation issued for
this purpose, which shall include the necessary basis and conditions for
conducting the restricted activity and the amount of returns that the Authority
is entitled to as a result thereof.
Article (25) : a. Importation of goods into the Zone shall be allowed according to the
provisions of this Law and the regulations and Instructions issued
pursuant thereto.
b. Whomever imports goods to the Zone shall take the necessary
procedures, which guarantee that the disposition of such is not done in
violation of the provisions of this Law and the Regulations and Instructions
issued pursuant to any of them.
c. In addition to what is stated in Paragraph (b) of this Article, the goods
stipulated in that Paragraph shall be considered as being illegally admitted
to the Customs Territory unless otherwise proven, whereby the provisions
of smuggling stipulated in the Customs and Taxes legislation in the
Customs Territory shall apply thereto.
d. The Authority shall report to the relevant Customs Houses of any case to
which the provisions of Paragraph (c) of this Article apply.
Article (26) : a. Registered Enterprises shall be allowed to Admit goods into the Zone.
Others may not Admit goods into the Zone except according to the bases
and conditions determined in accordance with instructions issued by the
Board for this purpose.
Article (27) : a. For purposes of the Customs Law and the General Sales Tax Law, goods
admitted by a Registered Enterprise to the Zone from the Customs
Territory shall be treated as exported or re-exported goods.
Article (28) : The Council of Ministers may, upon the recommendation of the Minister of
Finance, which is based on the request of the Board, partially exempt goods
originating in the Zone from customs duties when put into local consumption in
the Customs Territory, subject to the following conditions:
a. If the production requirements of the goods and the economic feasibility
only exist in the Zone.
b. The exemption shall be limited to the value of the local materials,
expenses and costs introduced into production in the Zone, whereby all
customs duties and other fees and taxes imposed on foreign factor inputs
shall be collected according to the relevant legislation in force in the
Customs Territory.
c. The produced goods shall satisfy the rules of origin stipulated in the
Customs Law in force.
Article (29) : a. The Zone shall be considered outside the perimeters of the Customs
Territory and shall not be subject to the Customs Legislation except as
stipulated by this Law.
b. The Authority shall assume within the perimeters of the Zone customs
powers in accordance with a Regulation issued for this purpose, which
shall specifically include the following:
1. Controlling smuggling and other illegal commercial activities.
2. Issuing Instructions relevant to the importation to the Zone and
exportation therefrom.
3. Preparing statistical data and information relating to import and export
transactions.
Article (30) : a. The following fees and duties shall not be collected in the Zone:
1. Customs duties, importation duties and other taxes and duties on
imports into the Zone.
2. The general sales tax or any other tax that substitutes it, on imports
into the Zone or sales of goods and services therein.
Article (32) : a. The income of the Registered Enterprise accrued from its activities in the
Zone or directly accrued from such activity outside the Kingdom shall be
subject to a (5%) income tax on its total income, which basis of
calculation and all other related matters shall be determined in accordance
with a Regulation issued for this purpose.
b. Notwithstanding what is stated in Paragraph (a) of this Article, income
accrued for banks, financial institutions, insurance and re-insurance
companies and land transport companies operating in the Zone shall be
subject to the provisions of the Income Tax Law in force, whether or not
such entities are Registered Enterprises.
c. The income of any person, other than Registered Enterprises, accrued
from his business in the Zone shall be subject to the provisions of the
Income Tax Law, including what any natural person earns as salaries,
wages, allowances, bonuses and the like, whereby such income shall also
be subject to social services tax according to the Social Services Tax Law.
d. If the income stipulated in Paragraph (c) of this Article is jointly accrued in
the Zone and the Customs Territory, the Authority or the Income Tax
Department, as the case may be, shall assess and collect the income tax
and the social services tax from these persons. The basis for assessment
and collection, the procedures for the self-assessment returns and any
other pertinent procedures shall be determined in accordance with a
regulation issued for this purpose.
e. The exemptions stipulated in the Income Tax Law in force shall apply to
any income accrued in the Zone to the entities benefiting from such
exemptions.
Article (33) : Subject to the provisions of the Income Tax Law and the Social Services Law
and the regulations and instructions issued pursuant to any of them, every
person, Registered Enterprise or investor in the Zone shall abide by the
following:
a. Deduct the income tax and social services tax due on payments made to
any natural person whether salaries, wages, allowances, bonuses or
allocations and remitting such to the Authority.
b. Deduct (10%) of any amount from a payment that is not exempt from
income tax, paid to a non-resident person, except what is paid by a
Registered Enterprise to an investor who invests in not less than (20%) of
its capital and remitting such to the Authority.
Article (34) : a. The Authority shall assess and collect the income tax in the Zone
according to the provisions of this Law and the Income Tax Law in force
and the regulations and instructions issued pursuant thereto. For this
purpose, the powers accorded to the Minister and the Director General
pursuant to this legislation shall be invested with the Chief Commissioner,
as appropriate.
b. Notwithstanding was is stated in Paragraph (a) of this Article, the Income
Tax Department shall continue to assess and collect in the Zone the
income tax and the social services tax and any other amounts due on
taxpayers in the Zone prior to enactment of the provisions of this Law,
and shall follow up on all judicial and legal procedures pertaining thereto
according to the enacted taxation legislation in the Customs Territory.
Article (35) : If the Authority or the Income Tax Department becomes aware that a
Registered Enterprise is dealing with persons in the Customs Territory with
whom they have a common financial benefit that is beyond the customary
dealing between unrelated persons for the purposes of decreasing the due tax
of any of such, the Authority or the Department, as the case may be, may
assess the taxable income of the Enterprise or the related person without
regard to this dealing.
Article (37) : a. Notwithstanding what is stated in Article (30) of this Law, a sales tax shall
be imposed on goods sold and services rendered in the Zone as follows:
1. A (7%) sales tax of the value of selling goods and services when sold
into consumption in the Zone to be determined pursuant to a
regulation, provided that this regulation shall include the provisions
and procedures related to collecting and redeeming the tax.
2. A tax on the sales of local goods originating in the Zone from the Zone
to the Customs Territory according to the provisions of the enacted
General Sales Tax Law, provided that proof of payment of the tax is
presented to the Customs House without being subject to the
procedures of filing a customs declaration at the Customs Territory if
the goods are not stipulated in Article (28) of this Law.
3. A tax on sales of services from the Zone to the rest of the Kingdom or
abroad according to the provisions of the General Sales Tax Law in
force.
b. The seller of the good or service shall collect the tax stipulated in
Paragraph (a) and shall remit it to the Authority.
c. The Council of Ministers shall impose a special tax on sales of tobacco and
its products and alcoholic beverages, liquor and beer when sold into
consumption in the Zone according to Instructions issued for this purpose.
d. For purposes of this Article, the Authority shall assume the powers of the
General Sales Tax Department. The Chief Commissioner shall assume the
powers of the Director General and the Minister stipulated in the General
Sales Tax Law, as the case may be.
Article (38) : Subject to the provisions of the Income Tax Law, the General Sales Tax Law,
and the regulations and instructions issued pursuant thereto:
a. The Income Tax Court of Appeal shall have jurisdiction in reviewing
appeals on tax assessment decisions and reviewing tax assessments
conducted according to the provisions of this Law, as well as reviewing the
claims relating to the fines and additional amounts due according to the
provisions of this Law and reviewing any amounts that should be rebated,
paid or deducted as a final tax or as an advance payment for the tax.
b. The Customs Court of First Instance shall have jurisdiction in reviewing
the following cases. The Customs Court of Appeal shall also have
jurisdiction in reviewing appeals submitted in this regard:
1. All customs offences and violations committed in violation of the
provisions of this Law and the regulations issued pursuant thereto.
2. The offences committed in violation of the provisions of the regulation
referred to in Sub-paragraph (1) of Paragraph (a) of Article (37) of this
Law and the import and export instructions.
3. The challenges related to decisions determining the amounts subject
to the sales tax according to the provisions of this Law.
4. Detaining and releasing persons accused of committing the crimes
stipulated in Subparagraphs (1) and (2) of this Paragraph. If a case
has not been referred to the court, the Chief Judge may ask the
accused to provide monetary or notary bail, or face detention until a
final decision is issued by the competent court or the bail is submitted.
5. Releasing any goods sequestered in the cases filed before it, in
exchange of a bank or monetary guarantee in the amount of such
goods’ value, as well as releasing sequestered transport means after
marking such with the label for sequester at the competent bodies.
c. For purposes of this Article, and upon a decision from the Judicial Council,
a panel of the Income Tax Court of Appeal, the Customs Court of First
Instance, and the Customs Court of Appeal shall be charged, to hold its
sessions in the city of Aqaba periodically, as the case may be.
Article (39) : Penalties stipulated in the Income Tax Law in force shall apply to any crime
committed in violation of the provisions of this Law and the Regulations issued
pursuant thereto related to the income tax in the Zone.
Article (40) : a. Each Registered Enterprise shall maintain its accounts and financial
statements in accordance with a special Regulation issued for this purpose
in conformity with the International Accounting Standards.
b. The Registered Enterprise shall undertake to reflect in its financial
statements its income accrued from its business within the Kingdom
excluding the Zone and the expenses related thereto separately from its
income accrued from its business in the Zone and outside the Kingdom.
Article (41) : a. The Authority shall provide the General Sales Tax Department with
statements and data related to purchases of goods and services by
Registered Enterprises from the Customs Territory and their sales thereto.
b. The Director General of the Sales Tax Department or whom he authorizes,
when necessary, may examine the records and documents related to the
sales and purchases of Registered Enterprises in the Customs Territory
according to the provisions of this Law.
Article (42) : Revenues accrued according to the provisions of this Law from income tax and
sales tax shall be apportioned as follows:
a. (75%) for the Treasury and shall be remitted to the Ministry of Finance at
the end of each month.
b. (25%) for the Authority.
Article (43) : a. The Zone and the Region shall be considered a regional zoning area
according to the provisions of the Zoning of Cities, Villages and Building
Law in force and the regulations issued pursuant thereto. For this
purpose, the Board shall assume the powers of the Higher Zoning Council
and the Province and Local Zoning Committees. The Board may delegate
the powers of these Committees to special committees formed for this
purpose. The Chief Commissioner shall also, and as the case may be,
assume the powers of the Minister stipulated in the enacted Zoning of
Cities, Villages and Buildings Law and the regulations issued pursuant
thereto. The Council of Ministers may, upon the recommendation of the
Board, issue a special regulation in which it determines the bases for
zoning and buildings in the Zone and other matters related thereto.
b. The Board shall administer the coastal areas. The basis of administering
such areas on land and in the sea shall be determined according to a
Regulation issued for this purpose.
Article (44) : a. Ownership of lands registered in the name of the Public Treasury, which
fall within the perimeters of the Zone, shall be transferred to the Authority
according to the Council of Ministers’ decision.
b. The Authority shall not in any circumstances sell any of the lands referred
to in Paragraph (a) of this Article, except for purposes of establishing
hotels, educational, health and therapeutic institutions and residential and
commercial buildings, including multi-use tourism complexes, warehouses
and public service facilities, according to the basis and conditions
determined pursuant a special Regulation issued for this purpose, taking
into account the principle of reciprocity and that the laws of the
purchaser’s country allow ownership of property by Jordanians.
Article (45) : Notwithstanding what is stated in any other legislation, the Authority may
conclude lease contracts with others for a period not exceeding fifty years.
Upon the recommendation of the Board, the Council of Ministers may extend
such period, as it deems appropriate, in certain circumstances if the lease is
related to an investment activity in the Zone.
Article (46) : Notwithstanding what is stated in any other legislation, Registered Enterprises
shall be entitled to hold, own and dispose of immovable properties within the
Zone necessary for its activities pursuant to the Regulation issued in
accordance with Article (44) of this Law.
Article (47) : The provisions of the laws relevant to the right of preemption and priority shall
exclusively apply to residential areas in the Zone.
Article (48) : The Council of Ministers shall, upon the recommendation of the Board, issue
special Regulations determining the basis, conditions and procedures for the
entry of non-Jordanians into the Zone, residency and work therein, particularly
the following:
a. Entry visas for non-Jordanians into the Zone, including temporary entry
visas, which are issued directly at the crossing points.
b. Residency permits within the Zone.
c. The basis for bringing foreign labor and employing such in the Zone, work
permits for non-Jordanians and their percentage to the total workers in
Registered Enterprises.
d. The fees collected by the Authority for issuing entry visas, residency
permits and work permits according to such Regulations.
Article (49) : a. Any Registered Enterprise, investor within the Zone or any person shall
have the right to use the Jordanian or foreign currency in any commercial
transaction or for any personal purpose, including opening bank accounts
in any currency and buying and selling foreign currencies.
b. Registered Enterprises may enter or transfer foreign currencies into or
from the Zone without restrictions.
Article (50) : The provisions of the Banks Law and the Central Bank Law shall apply to any
bank or financial company conducting banking activities in the Zone or opening
branches therein.
Article (51) : Any insurance company may conduct insurance activities in the Zone or open
branches therein in accordance with the provisions of the Monitoring of
Insurance Activities Law.
Article (52) : For implementation of the provisions of this Law, the Board shall be responsible
for protecting and maintaining the environment in the Zone and for ensuring
sustainable development according to the basis and standards determined
pursuant to a Regulation, provided that such shall not be below the adopted
levels in the Kingdom. For this purpose, the Authority shall assume the powers
of the Public Corporation for Environmental Protection. The Chief Commissioner
shall assume, as the case may be, the powers accorded to the Minister and the
Director General stipulated in the Environment Protection Law in force.
General Provisions
Article (53) : a. For the purpose of implementing the provisions of this Law, the Chief
Commissioner, any member of the Board, and any employee authorized
thereby any of them according to his authorities shall be considered as a
judicial officer. The authorized employee shall have the right to seize any
violation to the provisions of this Law and the regulations issued pursuant
thereto and to inspect in the Zone for goods prohibited from being
entered, stored or produced therein. For this purpose, the authorized
employee may enter any place, audit documents, search persons, goods
and ships and impound or detain any of the above. This shall include
taking measures related to environmental protection.
Article (54) : a. Whoever commits the following actions in the Zone shall be imprisoned for
a period not less than one month and not exceeding one year, or a fine
not less than (100) one hundred Dinars and not exceeding (5000) five
thousand Dinars, or both penalties:
1. Violating any of the terms and provisions of transit, internal
manufacturing, temporary admission, bail and guarantees requested
by the Authority on goods or the legal re-export or that stated in the
regulations issued pursuant to this Law.
2. Removing the customs seals or buttons from goods consigned by
transit or prepared for exit or re-export.
3. Failure by the shipper or the enterprise to maintain the records and
files obligatory thereto pursuant to the provisions of this Law and the
regulations issued pursuant thereto.
4. Non-compliance by customs clearance agents with the regulations
which specify their duties.
5. Any other violations committed by any person or noncompliance with
the provisions of the Regulation referred to in Paragraph (b) of
Article (29) of this Law.
b. Whoever commits the following actions in the Zone shall be punished with
imprisonment for not less three months and not exceeding two years, or a
fine not less than (300) three hundred Dinars and not exceeding (10.000)
ten thousand Dinars, or both penalties:
1. Loading and unloading Goods to and from any means of transport
inconsistently with the Law and the regulations issued pursuant
thereto; anchoring ships, landing planes or parking other means of
transport in other than the designated sites authorized by the
Authority, or in emergency situations, without informing the nearest
customs house about this; the departure of ships, planes or other
means of transport from the harbor or the customs premise without
the Authority’s authorization.
2. Transporting or possessing goods in manner violating the provisions
of the Law and the regulations issued pursuant thereto.
3. Admitting, exiting, possessing, or transporting any prohibited goods
or which importation is forbidden, or restricted goods without
presenting evidence that the goods are legally imported; failure for
any reason to re-import goods whose exportation is prohibited or
goods which are exported temporarily.
4. Obstructing the duties of the Authority’s officials according to the
provisions of this Law and the Regulations issued pursuant thereto
and their right to search, audit and inspect, and failing to stop upon
the Authority’s officials request.
Article (55) : The provisions of the Import and Export Law, and the provisions relating to
incentives and limitations on foreign capital in the Investment Promotion Law
and the regulations issued pursuant thereto shall not apply in the Zone.
Article (56) : The Council of Ministers shall issue the necessary Regulations for implementing
the provisions of this Law, including the following:
a. Determining the fees imposed for the Authority according to the provisions
of this Law.
b. The Authority’s employees and personnel affairs.
c. Supplies, procurement and works and financial affairs of the Authority.
d. Formation of coastal police in the Zone, regulating its activities and
determining its authorities.
e. Regulating and administering the Aqaba Marine Park.
Article (57) : The Aqaba Region Authority Law No. (7) for the year 1987 and any
amendments thereto shall be repealed as of the date determined by the
Council of Ministers according to the provisions of Article (8) of this Law,
provided that the Regulations and Instructions issued pursuant thereto shall
remain in force until repealed or replaced in accordance with the provisions of
this Law.
Article (58) : The Prime Minister and the Ministers shall be responsible for executing the
provisions of this Law.
Tax evasion consequences include civil compensation to the Authority, ranging from twice to three times the tax evaded, plus a fine of up to 1000 dinars, with potential jail time for repeat offenses. Additionally, an amicable settlement can be reached by paying the owed tax and a compensation fine, which drops the charges if agreed upon before a court judgment .
The Authority issues instructions to regulate and monitor Registered Enterprises' activities, focusing on compliance with tax collection and fee structures. The framework also includes issuing certificates of origin for goods, regulating investor activities, and determining service fees. Violations are addressed by reconciling activities with vocational license laws before operations commence .
The Board has several financial powers including approving the annual estimated budget of the Authority, approving the annual report of activities and financial accounts, contracting with financially and technically qualified entities for development or administration projects, and the ability to borrow funds from domestic and international sources, subject to the Council of Ministers' approval, including issuing bonds .
The Authority ensures effective performance of its executive body by preparing general development policies for the Zone with approval from the Council of Ministers, supervising the executive operations of the Authority, and approving the executive body's organizational structure, Classifier Table, and job descriptions. Additionally, the Chief Commissioner assumes specific powers prescribed in related legislation, contributing to overseeing and ensuring effective executive performance .
The law allows the Authority to assess the taxable income of any Registered Enterprise or related person who engages in financial dealings with entities in the Customs Territory, intending to reduce due tax. It empowers the Authority to disregard such dealings, ensuring taxes owed are correctly assessed .
The Board meets at least twice a month to make decisions, requiring a quorum of most members, including the Chief or Vice-Chief Commissioner. Decisions need a majority vote, and members cannot abstain from voting, with ties broken by the meeting chair's vote. Procedures for meetings and resolutions are established by Board-issued Instructions .
A 7% sales tax is imposed on goods sold and services rendered for consumption within the Zone. This tax is determined according to specific regulations which include provisions and procedures for collection and redemption. Additionally, there is a tax on local goods sold to the Customs Territory, adhering to the General Sales Tax Law, with proof of this process required .
The Board can contract with financially and technically qualified entities to develop or manage the Zone, including the ability to establish a company where such entities may hold equity participation. Contracting involves negotiation, leasing, or transfer of project ownership subject to the Council of Ministers' approval, and all contracts adhere to the Supply and Procurement Regulation. Furthermore, the Board may borrow funds for financing projects with the Council's consent .
The Chief Commissioner is vested with powers similar to those of the Minister and Director General in the existing Income Tax Law, allowing them to assess and collect income tax within the Zone. However, any income taxes due before the enactment of the new law will still be handled by the Income Tax Department .
The transfer of responsibilities involves several steps: appointing key authority figures, such as the Chief Commissioner and Board members; determining transfer procedures and dates for responsibilities from the Aqaba Region Authority to the new Authority based on a pre-prepared plan. It also includes determining when the Board will assume the municipality's functions and any necessary procedures for this transition, determining employee and personnel transfers from existing bodies to the new Authority, and any other decisions necessary to enable the Authority to perform its duties prior to its operations commencement .