Operating a Free Trade Zone in Nigeria: Key Considerations

More investors are now leveraging Nigeria’s free trade zones as a strategic gateway into the market, capitalizing on the significant increase in businesses and robust growth trends over time. In this brief update, we highlight some of the most important reasons why foreign investors are considering operating from a Free Trade Zone in Nigeria:

1.  Universal Tax Exemption: Free Zone Enterprises operating in a Free Trade Zone in Nigeria are exempt from federal, state, and government taxes and levies. Free Zone enterprises can manage their tax exposure by relying on Section 4 of the NEPZA Act.

2.  Reduction of Foreign Exchange Risk: Free Zone Enterprises operating in a Free Trade Zone in Nigeria can issue invoices in dollars and collect payments for goods and services sold into customs territory in dollars or in other foreign currency of choice. This is particularly important in view of the Federal Government’s restrictions on dollar transactions locally.  Free Zone Enterprises can manage their foreign exchange exposures by leveraging section 11(1) of the NEPZA Act. 

3. Zero Import Duty: Free Zone Enterprises operating in a Free Trade Zone in Nigeria are free to import capital goods, consumer goods, raw materials, components, and articles required for an approved business, including articles for construction, free of import duty.  Free Zone Enterprises can manage exposure to import bureaucracies by leveraging section 12 (1) of the NEPZA Act.

4. 10-Year Strike & Lock Moratorium: Free Zone Enterprises operating in a Free Trade Zone in Nigeria are entitled to a 10-year Strike and Lock Moratorium. In essence, strikes or lock-outs within 10 years from the time a Free Zone Enterprise commences business are prohibited. Free Zone Enterprises can manage their exposure to trade disputes by leveraging section 18 (5) of the NEPZA Act.
   
   What Kind of Activities Can be Carried out Within a Free Trade Zone

The NEPZA Act lists the activities/businesses that may be carried out within the Free Trade Zone and gives the NEPZA the statutory powers to include additional activities from time to time. The approved activities include manufacturing goods for export, warehousing, freight forwarding and customs clearance, handling of duty-free goods, banking, stock exchange, insurance, reinsurance, and other financial services, import of goods for special services/exhibitions/publicity, international commercial arbitration services, and activities relating to integrated zones.  

This publication is not intended to provide legal advice and is not prepared with a specific client in mind. Kindly seek professional advice specific to your situation. You may also reach out to your usual Balogun Harold contact or contact us via support@balogunharold.com for support.