Domestic Trade Laws
Table of Contents
Overview and Function
The Act enables Pakistan’s government to give effect to the country’s obligations under the United Nations Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act was passed on 1st January 2012 and extends to all of Pakistan. It deals with prohibitions of exports, re-exports and imports of wild fauna and flora alongside punishments for violations. A draft bill called the Pakistan Trade Control of Wild Fauna and Flora (Amendment) Act, 2020 to amend the Act has been approved by the Federal Cabinet and is to be introduced in the National Assembly.
Key Provisions
| Section 3 | Prohibition of export, reexport and import and punishment for contravention |
| Section 4 | Cognizance of Offence |
| Section 5 | Export from Pakistan |
| Section 6 | Import into Pakistan |
| Section 7 | Reexport from Pakistan |
| Section 8 | Introduction from the sea |
| Section 9 | Export or reexport to or import from a state not a party to the convention |
| Section 10 | Transit or transshipment of specimens |
| Section 11 | Specimens that are personal or household effects. |
| Section 12 | Export and import of specimens bred in captivity or artificially propagated. |
| Section 13 | Non-commercial loan, exchange etc. |
| Section 14 | Waiver of requirements. |
| Section 15 | Management Authority. |
| Section 16 | Scientific authorities. |
| Section 17 | Entry and release of wild exotic fauna and flora. |
| Section 18 | Confiscation or return of specimens unlawfully traded. |
| Section 19 | Confiscation of specimens possessed unlawfully. |
| Section 20 | Animals and plants etc, to be Government property. |
| Section 21 | Arrangements for feeding and safe keeping. |
| Section 22 | Maintenance of records. |
Overview and Function
The Act enables Pakistan’s government to establish, expand and effectively operate Special Economic Zones (SEZs) through a legal and regulatory framework to inspire domestic and international investors for the establishment and development of industrial infrastructure by offering special exemptions to reduce business costs. The Act provides for duty-free import of plants, machinery and equipment, and 10-year income tax holidays for zone developers and enterprises. It was enacted on 13th September 2012 and extends to all of Pakistan. Additionally, several provisions were amended by the Special Economic Zones (Amendment) Act, 2016 (Act No. XLV of 2016) to improve and make the SEZ regime more business and investor friendly for rapid industrialization and economic development.
Key Provisions
| Section 4 | Establishment of special economic zones |
| Sections 5-6 | Board of Approvals; Functions and Responsibilities of BOA |
| Sections 7-8 | Approval Committee; Functions of BOI |
| Section 9 | Responsibilities of Provincial Investment Promotion Authorities |
| Section 10 | SEZ Authority |
| Sections 11-12 | Requirements for all zone applications; Approval of zone application |
| Section 13 | Approval of development agreements |
| Section 14 | Simultaneous approval of zone application and development agreement |
| Sections 15-16 | Approval of existing zones (amended); Zone approval criteria (amended) |
| Section 17 | Functions and powers of SEZ authorities |
| Section 18 | Suspension and removal of members of SEZ authorities |
| Sections 19-20 | Eligibility as developer; Responsibilities of developers |
| Section 21 | Development agreements |
| Section 22 | Sanctions against developers |
| Section 23 | SEZ Committees |
| Section 24 | Admission of zone enterprises |
| Section 25 | Sanctions against zone enterprises |
| Section 26 | Land regime |
| Section 27 | Public utilities and transportation links |
| Section 28 | Applicable operating administrative procedures |
| Section 29 | Assistance by BOI and SEZ authorities |
| Section 30 | Labour laws |
| Section 31 | Employment of key persons |
| Section 32 | Security |
| Section 34 | Incentives for SEZs |
| Sections 35-36 | Benefits for developers; Benefits for zone enterprises (amended) |
Overview and Function
The Act provides for free competition in all sectors of commercial and economic activity to improve economic efficiency and safeguard consumers from anti-competitive behaviour. It created the Competition Commission of Pakistan to maintain and boost competition. It was enacted and came into force on 13th October 2011 and extends to all of Pakistan.
Key Provisions
| Section 3 | Abuse of dominant position |
| Section 4 | Prohibited agreements |
| Section 5 | Individual exemption |
| Section 6 | Cancellation, etc of Individual exemptions |
| Sections 7-9 | Block exemption |
| Section 10 | Deceptive marketing practices |
| Section 11 | Approval of mergers |
| Sections 12-13 | Establishment of Commission |
| Section 14 | Composition of Commission |
| Sections 15-19 | Chairman; Acting Chairman; term of office; restriction on employment; termination of appointment |
| Section 20 | Commission Fund |
| Sections 21-22 | Accounts and audits; annual report |
| Section 23 | Appointments by Commission |
| Section 24 | Meetings of Commission |
| Section 25 | Disclosure of interest by members |
| Section 26 | Notification of interest by staff of Commission |
| Section 27 | Public utilities and transportation links |
| Sections 28-37 | Functions and powers of the Commission |
| Sections 38-44 | Penalties and appeals |
Overview and Function
The Act concerns levies and collection of customs duties, fees, and service charges on goods and services in Pakistan. It was enacted on 3rd March 1969 and extends to all of Pakistan. The Act was last amended in 2021.
Key Provisions
| Sections 3-8 | Appointment of officers of customs and their powers |
| Sections 9-14A | Declaration of ports, airports, land customs-stations, etc. |
| Sections 15-17 | Prohibition and restriction of importation and exportation |
| Sections 18-34 | Levy of, exemption from, and repayment of, customs-duties |
| Sections 35-41 | Drawback (of the export on imported goods, on goods taken into use between importation and exportation) |
| Sections 42-59 | Arrival and departure of conveyance |
| Sections 60-72A | General provisions affecting conveyances at customs-stations |
| Sections 73-82 | Discharge of cargo and entry inwards of goods |
| Section 83 | Clearance of goods for home consumption |
| Sections 84-119 | Warehousing |
| Sections 120-125 | Trans-shipment |
| Sections 126-129A | Transit trade |
| Sections 130-138 | Exportation or shipment and relanding |
| Sections 139-145 | Special provisions regarding baggage and goods imported or exported by post |
| Sections 146-155R | Provisions relating to coastal goods and vessels |
| Sections 156-157 | Offences and penalties |
| Sections 158-192 | Prevention of smuggling – Powers of search, seizure and arrest – Adjudication of offences |
| Sections 193-196J | Appeals and revisions |
Overview and Function
The Act provides for the advancement and elevation of exports of Pakistan and facilitates the need for a dedicated and efficacious organization within the Ministry of Commerce responsible for the maximization of exports. It also requires effective support, structured interaction with stakeholders, and comprehensive institutional arrangements to prepare consistent, practical, and effective trade policies, regulations, development, and enforcement initiatives amongst the Ministry of Commerce, trade development organizations, and the private sector. The Act was enacted and came into force on 25th February 2013 and extends to all of Pakistan.
Key Provisions
| Sections 3-11 | The University (establishment of University, Chief Executive, Secretary, etc.) |
| Sections 12-15 | The Board |
| Section 16-17 | Conflict of interest |
| Sections 18-19 | Disqualification, removal, resignation and vacancies |
| Sections 20-22 | Powers and functions |
| Sections 23-29 | Finance |
Overview and Function
The Act provides for the registration and regulation of trade organizations. It was enacted to ensure suitable representation for all genders and business sectors at all levels in trade organizations as they play an important role in the development of policy frameworks to improve the business environment and enhance economic growth. Additionally, it defines the purpose, role, responsibilities, and operational framework including the code of corporate governance for trade organizations. It was enacted and came into force on 22nd February 2013 and extends to all of Pakistan.
Key Provisions
| Section 3 | Licensing and registration of trade organisations |
| Section 4 | Revocation of licences of existing trade organisations |
| Section 5 | Privileges and obligations of trade organisations |
| Section 6 | Renewal of licence |
| Sections 7-8 | Cancellation of license, exemption, and registration |
| Section 9 | Grant of license de novo |
| Section 10 | Membership of trade organisations |
| Section 11 | Organisation and tenure of office-bearers and executive committee of trade organisations |
| Section 12 | Uniformity in structure and autonomy of trade organizations |
| Sections 13-15 | The Regulator, powers and functions |
| Section 16 | Supersession of Executive Committee, office-bearers and appointment of Administrator |
| Section 17 | Administrator to act under control of the Regulator |
| Sections 18 | Restriction on suits against trade organisations |
| Section 19 | Compulsory membership of trade organisations |
| Section 20 | Restriction on membership |
| Sections 24 | Power to levy fee etc. |
| Section 25-26 | Penalty |
| Section 27 | Trade Organisations Fund |