Revised Laws of Saint Lucia (2021)

6.   Order declaring approved enterprise

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   (1)   Cabinet on an application made by or on behalf of an enterprise, for the purpose of establishing an industry in Saint Lucia to manufacture an approved product, or, in the case of an enterprise that, at the commencement of this Act is manufacturing a product declared to be an approved product by order under section 5, may if it is satisfied that it is in the public interest so to do by order published in the Gazette declare such enterprise to be an approved enterprise with effect from the date specified in the order.

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   (1A)   Despite subsection (1), Cabinet may, on an application made by or on behalf of an enterprise that at the commencement of this subsection, manufactures a product declared to be an approved product before the commencement of this subsection, if it is satisfied that it is in the public interest so to do, by Order made on or before 31 December 2014 and published in the Gazette, declare such enterprise to be an approved enterprise with effect from the date specified in the Order. (Inserted by Act 3 of 2013)

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   (2)   In determining whether an order should be made under subsection (1), Cabinet shall take into account—

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      (a)     the number of enterprises already manufacturing or about to manufacture an approved product;

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      (b)     the output or anticipated output of the enterprise.

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   (3)   An Order made under this section—

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      (a)     shall specify the construction day, production day or both such days;

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      (b)     may declare that in its application it shall be restricted to a part of a factory, or to a particular grade, quality, description, type or classification of product;

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      (c)     may impose continuing obligations on the approved enterprise;

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      (d)     may confer certain benefits on the approved enterprise;

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      (e)     may provide for its revocation in any case of breach of or non-compliance with its requirements.

(Substituted by Act 3 of 2013)

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   (4)   An application under this section shall be submitted in writing through the Minister and shall specify—

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      (a)     the locality or proposed locality of the factory in which the enterprise is manufacturing or intends to manufacture the approved product;

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      (b)     the construction day which shall not be later than 12 months after the date of the granting of the application, except that where a factory is already in existence, the application shall contain all information that may enable Cabinet to specify a construction day;

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      (c)     the production day which shall not be later than 18 months from the construction day, except that where the production of an approved product has already commenced, the application shall contain all information that may enable Cabinet to specify a production day;

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      (d)     the approved product already being manufactured or intended to be manufactured;

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      (e)     all information supported by documentary evidence, relevant to the determination of the local value added.

(Substituted by Act 3 of 2013)