Legal Forms Sri Lanka - PDF by ycv78716

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									Sri Lanka
Legal Provisions

Compiled by:


Embassy of Switzerland, Sri Lanka
Colombo, March 2010




General remarks

Sri Lanka's legal system is derived from the Roman-Dutch Law. The common law of Sri Lanka is the Roman-
Dutch Law. English law is prevalent in commercial matters and the penal code is derived from the Indian Penal
Code. The legal system also has customary laws embedded in it. The English legal procedure is generally
followed in both civil and criminal proceedings.

The Judicial System includes district courts, magistrates’ courts, courts of request (restricted to civil cases) and
rural courts.

In criminal cases, the Supreme Court (composed of a chief justice and from 6 to 10 associate justices, all ap-
pointed by the President) has appellate jurisdiction. Under the 1978 constitution, the other high level courts are
the Court of Appeal, High Court and courts of first instance.

Customs System

Sri Lanka Customs works with compatible systems that are in operation in any other part of the world. Product
identification numbers identical to those used all over the world are in use. It is known as the HS Code (Har-
monised System Code).

Valuation for tariff purposes is done on the basis of the World Trade Organisation (WTO) Valuation Agreement.
Until December 2002 the method used was Brussels Definition of Value (BDV). The BDV method is still applied
when ‘used motor vehicles’ are imported. This is done with the permission of the WTO.

Sri Lanka Customs, apart from being the authority collecting Customs Duties, also performs other controlling
functions on behalf of state agencies. Collection of taxes such as the Value Added Tax, Excise Duty, Cess (a
local tax contributing to export development) and Royalties are done on behalf of the respective agencies.
These are in respect of imports and exports only.

Enforcing the Customs Ordinance it exercises control with restrictions and prohibitions and also Commercial
Fraud within the customs system. Trafficking in drugs or other national archaeological/national treasures is also
detected at the points of entry/departure.

The Sri Lanka Customs web address is as follows: www.customs.gov.lk

Regulations:- Seventy regulations dating from 1977 and directly relevant to external trade are listed in this
website of the Customs Regulation Database. The regulations can be searched with a keyword or by viewing
the full list of regulations. http://www.customs.gov.lk/regGuides.asp?type=R



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Import duties

Customs Duty: - From the Home page of the website click on "Tariff" to see how Duty and Taxes are calcu-
lated by Sri Lanka Customs Department.


Import / export regulations

Standardisation and Quality Control regulations are in force and these are seen in the website of the Sri Lanka
Customs. A schedule of items and the applicable regulations are furnished. Certification of compliance is
sought from the Sri Lanka Standards Institute.

Import export regulations are compatible with the international norms. In cases where bilateral or free trade
agreements exist with countries, tariff rates will depend on the agreed terms. Sri Lanka customs also intro-
duced a Minimum Retail Prices (MRP) system to be applied on some items.

There may be Tariff and Non-Tariff barriers on certain products like in any other country. This is to prevent
dumping by countries that produce low priced products. Local industries engaged in the same industry are
protected by imposing higher tariffs and by making the regulations rigid on such imports.

Certain products entering the country require authorisation permits, given by the approprieate line Ministries. It
would be prudent for the importer to determine the regulations before finalising orders.

Currency Regulations
Exchange Rate

Daily exchange rates published by the Central Bank are seen it the following link
http://www.cbsl.gov.lk/htm/english/_cei/er/e_1.asp or else through http://www.cbsl.gov.lk/

Payment terms: For international trading Letters of Credit (L/C) is the most common form of payment. Where
payment in advance or payment on delivery is concerned there is an upper limit fixed for such transaction. The
limit is US$ 10,000/-. It is expected that this will be revised to US$ 25,000/- shortly. Advance payment will be at
the buyer’s own risk. As a safeguard the exporter can provide a foreign bank guarantee to the buyer.

Other terms of payment are ‘Documents on Payment’ and ‘Documents on Acceptance’. These terms are less
favoured by exporters.

Where L/C’s are desired to be “Confirmed L/C’s” related bank charges can be high. Other than that the bank
charges are normal and can vary bank to bank. Banks will generally charge a commission and cost of corre-
spondence along with the proportionate tax.

Sri Lanka has the infrastructure to facilitate swift transfer of funds. All commercial banks in Sri Lanka have au-
thorisation to deal with transfers to foreign countries.


Registration Procedure for products

    Registrations procedure exists for certain products. For instance, where pharmaceuticals are concerned
    only those registered with the Cosmetic Devices & Drugs Authority of Sri Lanka can be imported.

    Sole Agency agreements-: Agency agreements are operative on the basis of mutual trust between 2 par-
    ties. In other countries if there is a sole agent for a product, no one else can import the product. A third
    party importing has to pay a commission to the sole agent. It is the Customs that controls the imports and
    ensures that commission is paid. But in Sri Lanka control by customs is not operative.




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    It is a requirement for every importer and exporter to register with the customs in order that they provide
    services. The "Automated Customs Cargo Entry System" in Sri Lanka identifies only the allocated tax iden-
    tification number known as TIN.
    Those with no TIN could export or import through a 3rd party which has TIN, at an additional cost by way of
    fees.

Labelling Regulations

Labelling regulations applied vary according to product sector.

Food that contain genetically modified raw materials should carry labels that state that fact. This regulation
came into effect from 01.01.2007.

Sri Lanka Customs, uses English as the key commercial language therefore facts presented in the labels
should best be in English.

The Food Act comes under the purview of the Ministry of Health and it covers also labelling. Food labels should
carry the common name of the contents in 2 of the following 3 languages English, Sinhalese and Tamil. Per-
mission may be obtained to affix labels to fulfil this need.

The Consumer Affairs Authority www.consumeraffairs.gov.lk has labelling regulations that requires the follow-
ing as a must: Production and Expiry dates, Batch numbers and the Retail Price.

On 19.01.2005 the Ministry updated regulations for implementation. The “Food Labelling and Advertising regu-
lations 2005” requires conformity to the following requirements in the labels.
     a) Country of Origin
     b) Date of Manufacturing, expiry and batch number.
     c) In the case of bulk supplies re-packed, the date of such re-packing.
     d) Declare nutrient claims only with prior approval.
     e) Claims on disease curing properties or cholesterol free, low sugar etc should conform to the parame-
         ters prescribed in the Food Act.
     f) Additives and Colouring should be identified with INS numbers (International Numbering System).

For pharmaceuticals the labelling should include English language and the labelling requirements stipulated in
the British Pharmacopoeia / United States Pharmacopoeia should be followed along with other international
standards. All products should be registered with the Cosmetic Devices & Drugs Authority of Sri Lanka. The
authority requires the labels to show particulars such as: Storage temperature, Special preconditions, Produc-
tion / Expiry and batch number. Manufacturer’s name and address. Finished product specifications which
should include the generic name etc. The stipulated requirement is that the brand name and the generic name
should be in the same sized print. Local manufacturers adhere to this. Brands produced under licence are reg-
istered as separate products specifying country of origin. In addition paediatric medical preparations cannot
have pictures of children or pictures that attract children.

Environmental Legislation

Environmental protection - The Central Environmental Authority, which was established in 1981 under the pro-
visions of the National Environmental Act No. 47 of 1980, is the premier body responsible for the environmental
conservation management in Sri Lanka. Among the main regulatory activities of the CEA are the controls of
pollution of air, water and soil and the mitigation of environmental impacts.

Website: www.cea.lk




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Taxes

Income Tax Laws of Sri Lanka are regulated by the Inland Revenue Tax Act No. 38 of 2000 and subsequent
amendments. Amendments are usually announced during the presentation of the Budget Proposals in Parlia-
ment.

Corporate Tax

A Company which is resident in Sri Lanka is liable to income tax on its world-wide income. A non-resident
company is liable to tax on profits and income earned and derived from Sri Lanka.

The tax rate applicable to companies of which taxable income exceeds Rs. 5 million is taxed at 35% according
the budget for 2007.
(http://www.treasury.gov.lk/FPPFM/fpd/pdfdocs/budget2007/BUDGETSPEECH2007.pdf)

Tax rate on Small and Medium Enterprises if the income rate does not exceed 5 million, it is taxed at 15%-.

Different forms of Taxes in force

•   Income Tax and Corporate tax
        personal & corporate taxes, economic service charge, tax on interest income

•   Taxes on Goods and Services
       value added tax (VAT) domestic and imports

•   Excise Taxation
       liquor, cigarettes, motor vehicle, petroleum and others

•   Other Taxes and Levies
       stamp duty, nation building tax, debit tax, port development levy and others

•   Tax on External Trade
       imports, cess, special commodity levy

•   Levy on Property income
       interest, profits and dividends, rent

• Fees and other Charges
Tax concessions are availed based on special criteria. Tax rates are determined by the government and an-
nounced at the time of presentation of budgets.

The standard rate for value added tax is 12%

Sources of Taxable Income:
   employment,
   Profit from trade,
   business,
   profession or vocation,
   Dividends,
   Interest,
   Rents,
   Royalties,
   Charges and annuities,
   Capital gains.




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Commercial Law

Sri Lanka's legal system is derived from the Roman-Dutch Law. The common law of Sri Lanka is the Roman-
Dutch Law. English law is prevalent in commercial matters and the penal code is derived from the Indian Penal
Code. The legal system also has customary laws embedded in it. The English legal procedure is generally
followed in both civil and criminal proceedings.

Setting up a Company

Internationally recognised professional institutions exist for providing secretarial services in setting up compa-
nies. Services of long established Accounting (& audit) firms that comply with international standards are avail-
able to cater to requirements stipulated in the company law.

Company Law

The Companies Act (No. 17 of 1982) contains the rules, procedure, accounting and reporting requirements for
companies incorporated or registered in Sri Lanka. The registration of companies, filing of accounts and annual
returns are done with the Registrar of Companies. As a distinct legal entity, companies can purchase, hold and
sell property, enter into contracts, can sue and be sued. They have perpetual existence and cannot normally be
involuntarily terminated except by their creditors (in the event of default) by taking action leading to liquidation.


Joint ventures

A business may enter into a Joint Venture with a company incorporated in Sri Lanka or with an overseas com-
pany. A Joint Venture may be incorporated, or operated as an unincorporated business, as in the case of a
partnership.

Laws exist with regard to accounting and taxation.


Promotion investment / Tax relief

The Government of Sri Lanka is committed to promoting foreign trade by its articulated policy objective for an
export-led growth economy. The 2 major political parties in Sri Lanka are committed to free enterprise and indi-
vidual freedom.

Foreign Investors are provided with preferential tax rates, exemptions from exchange control and 100% repa-
triation of profits based on certain criteria. Bilateral investment agreements supported by a constitutional guar-
antee provide protection for foreign investment in Sri Lanka.

The Board of Investment of Sri Lanka (BOI), set up by an Act of Parliament, is the apex agency of the govern-
ment to identify, promote and facilitate direct foreign investment in Sri Lanka by providing transparent and effi-
cient service to investors.

    Under section 17 of the Act, the BOI is empowered to grant special concessions to companies, which sat-
    isfy eligibility criteria, which are designed to meet strategic economic objectives of the government. The
    mechanism through which such concessions are granted is the agreement, which modifies, exempts and
    waives, identified laws in keeping with BOI regulations. These laws include Inland Revenue, Customs, Ex-
    change Control and Import Control.

    Under section 16 of the Act a foreign investment entity is permitted to operate within the 'normal law' of the
    country. That is, for such enterprises, the provision of the Inland Revenue, Customs and Exchange Control
    laws shall apply.




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Board of Investments of Sri Lanka

The BOI's website www.investinsrilanka.lk provides particulars on investment opportunities in Sri Lanka and
incentive packages on offer. Higher incentives are offered to industrial sectors that have been chosen by the
state to encourage development.

The incentive schemes offered include:
   Tax Free Import of Capital Goods and Raw material where relevant
   Relaxed regulations for transfer of profits abroad

Board of Investment of Sri Lanka (BOI) provides details of the current incentive schemes. It is recommended
that BOI be contacted by e mail to obtain the current information in addition to consulting their website. Their
other website is www.boi.lk

BOI has set minimum investment limits for setting up business by foreign entities. For instance to set up an
industrial project the minimum foreign investment is set at US$ 250,000/=. Selected service companies are
permitted to set up business with a sum of 150,000 US . Information Technology companies are eligible under
this scheme.

Entry conditions, work permits, residence permits, labour law

It is the Department of Immigration and Emigration which regulates the issue of visas.
Accurate information on the above aspects can be seen in the following web page of the department. No per-
son entering the country on a tourist visa can engage in employment or seek residence permit. Hence the ap-
plication should be initiated from the home country.

http://www.immigration.gov.lk/html/visa/residence.html

In brief residence visa can be obtained in the category of personnel (employment) or non commercial catego-
ries such as Students, Members of Clergy, Volunteers, Spouse, Children visiting Sri Lankan parents.

The Employment category is limited to A) professionals whose services are required for projects approved by
the state B) personnel employed under Board of Investment approved projects. Investors in commercial pro-
jects are also eligible to apply for residence visa. These are renewable one year validity visas.
With regard to labour laws the Board of Investment of Sri Lanka furnishes detailed information in its web page
http://www.boi.lk/2009/pdf/labour_sandards.pdf. It could be commented that Sri Lankan Labour laws are more
“worker friendly” hence a “hire and fire” policy cannot be easily implemented.

Procedure for collecting payments / reminders

Letters of Credit (L/C) payment terms are the most common method used in the country. Bank charges are
higher for what is called the “Confirmed L/C’s”. Charges can vary from one bank to another.

Where payment in advance or payment on delivery is concerned there is an upper limit fixed for such transac-
tions. (Please get the latest information before entering into contracts)

Sri Lanka has the infrastructure to facilitate swift transfer of funds. All commercial banks in Sri Lanka have au-
thorisation to deal with transfers to foreign countries.

If desired a Swiss exporter could use the services of agencies providing Swiss Export Risk Guarantee. Access
the web site www.swiss-erg.com to get information.

This works like an insurance policy. Uncertain political or economic conditions in the buyer's country may make
him unable to pay up. This risk is covered using Export Risk Guarantees.




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Consultants, Lawyers,


Mr. John Wilson Jr.
Attorney-at.-Law & Notary Public, Barrister-at-Law
John Wilson & Partners,
365, Dam Street,
Colombo 12

Tel: 0094 11 2324579 or 2321652
Fax: 0094 11 2446954
E mail: john@srilankalaw.com


Management consultants:-

Ernst & Young
201 De Saram Place
Colombo 10
Sri Lanka

Tel: 0094 11 2697369
Fax: 0094 11 2463500
E-mail eysl@lk.ey.com
E mail devaka.cooray@lk.ey.com

Contact person: Mr. Devaka Cooray

E mail: devaka.cooray@lk.ey.com



Other Contact Particulars:

Sri Lanka National Arbitration Centre
141/7 Vauxhall Street,
Colombo 2

Tel: 0094 11 2307842           Fax: 0094 11 2307842
E - Mail: slnac@eureka.slt

ICLP Arbitration Centre
Institution of Commercial Law and Practice
61, Carmel Road
Colombo 3

Tel: 0094 11 234 6163          Fax: 0094 11 234 6163
E Mail: iclp@ureka.lk




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The Ceylon Chamber of Commerce Arbitration Centre
Legal Counsel
Arbitration Centre,
Ceylon Chamber of Commerce
50 Nawam Mawatha,
Colombo 2

Tel: 0094 11 2380154
Fax: 0094 2449352


Useful Internet links

Governmental agencies responsible for the main statistics (foreign trade, investment
etc.)
                                             E-Mail          cbslgen@sri.lanka.net
Central Bank of Sri Lanka                    Web site        http://www.cbsl.lk
                                             E-Mail: i       nformation@statics.gov.lk
Department of Census and Statistics,         Web site:       www.statistics.gov.lk
                                             E-Mail:         webmaster@boi.lk
Board of Investment of Sri Lanka             Web site:       www.boi.lk
                                             E-Mail:         edb@tradenetsl.lk
Sri Lanka Export Development Board           Web site:       www.srilankabusiness.com
                                             E-Mail          webmaster@customs.gov.lk
Department of Customs                        Web site:       www.customs.gov.lk
6.2 Internet addresses of particular interest regarding the country
                                             E-Mail:         info@chamber.lk
The Ceylon Chamber of Commerce               Web site:       www.chamber.lk
European Chamber of Commerce of Sri          E-Mail:         eccsl@sltnet.lk
Lanka                                        Web site:       www.eccsl.com
                                             E-Mail:         ips@sri.lanka.net
Institute of Policy Studies of Sri Lanka     Web site        www.ips.lk
6.3 Ministries, government agencies
                                             E-Mail:         mfadse@sltnet.lk
Ministry of Finance                          Web site:       www.treasury.gov.lk
                                             E- Mail:        priu@presidentsoffice.lk
The Official Web site of the Government of
                                             Web-site:       www.gov.lk
Sri Lanka                                    Web site:       www.priu.gov.lk
The Department of Immigration and Emi-       E-Mail          coniande@sltnet.lk
gration                                      Web site:       www.immigration.gov.lk
                                             E-Mail:         ctbria@sltnet.lk
Sri Lanka (Ceylon) Tourist Board             Web site:       www.srilankatourism.org
6.4 Other sources
                                                             http://www.adb.org/SriLanka/default.as
Asian Development Bank (ADB)                 Web site:
                                                             p

World Bank                                   Web site:       www.worldbank.org/lk

                                                             www.economist.com/countries/SriLank
Economist                                    Web site:
                                                             a
                                                             http://www.gov.lk/eportal/links/index.as
Sri Lankan Media & Press releases            Web site:
                                                             p?xp=292




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Disclaimer

This is made with the one objective of providing easy access to information on Sri Lanka, for those with com-
mercial interests in the country. Errors or omission in this report can be brought to the notice of this Embassy
for correction. But the Embassy of Switzerland in Colombo will not be responsible or liable for any damages or
losses to users that may result from errors or omissions in the information or data.




Date:                           March 2010

Author:                         Lawrence Fernando
Author’s address:               Embassy of Switzerland in Sri Lanka
                                63, Gregory’s Road,
                                Colombo 7
                                Tel: 0094-11-2695 117
                                Fax: 0094-11-2695 176
                                E-Mail:col.vertretung@eda.admin.ch




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