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Investment Policy, Legal Framework, & Promotion

Investment Policy, Legal Framework, & Promotion. Investor Aftercare & Policy Reform Communications. Impacts Investments Jobs Reforms. Investment Law and Policy. CLIENT SOLUTIONS for:. Sector targeting and promotion. FDI Strategy & Action plan . Benchmarking FDI Competitiveness.

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Investment Policy, Legal Framework, & Promotion

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  1. Investment Policy, Legal Framework, & Promotion Investor Aftercare & Policy Reform Communications • Impacts • Investments • Jobs • Reforms Investment Law and Policy CLIENT SOLUTIONS for: Sector targeting and promotion FDI Strategy & Action plan Benchmarking FDI Competitiveness Investment Facilitation

  2. Legal Framework For Investment Legal Framework is more than the Investment Law: • Constitution (property rights, economic system) • Core economic laws: Competition, Banking, Intellectual Property Rights • Sectoral Laws (e.g., Mining, Utilities, Infrastructure) • Bilateral and Multilateral International Agreements, e.g., WTO, BITs, TTs • State/Provincial Local Laws [as applicable] • And of course, the Investment Law

  3. Principles of Good Investment Policy • Clear, transparent and predictable legal framework • Equal treatment of investors • Ease of entry: registration instead of screening • Respect for property rights • No performance requirements and few sectoral restrictions • Free repatriation of profit

  4. Principles of Good Investment Policy • Good dispute resolution practices • Permissibility of expatriate labour • Avoidance of distortive and discretionary tax incentives • Avoidance of double taxation • Fostering benefits of FDI to the domestic economy.

  5. Structure of Modern Investment Laws • Comprehensive Definitions Section • Key institutions, FDI etc • Clear Entry Requirements • Registration instead of licensing (which requires screening), negative lists etc • Investor Guarantees • National treatment of foreign investors • Property rights protected; prompt, adequate and effective compensation in the event of expropriation • Un-restricted repatriation (transfer) of capital and profit • Access to alternative dispute resolution mechanisms (ADR) • Transitional Provisions • Details on how the Investment Law complements, amends or repeals previous laws and regulations.

  6. The Role of Investment Law • Law as an implementation and promotional tool • The Investment Law can serve as a signal to indicate that the country is “open for business”, welcomes FDI • The Investment Law serves to implement the investment policy • Good Investment laws provide greater certainty to both: • Investors • Government • By: • Clarifying roles and responsibilities of investors and the Government • Binding them to their respective rights and obligations • Reducing the scope for discretionary decision-making and increasing transparency in administrative processes • Providing a basis for dispute resolution

  7. Link to the Investment Law Handbook https://www.wbginvestmentclimate.org/uploads/Investment-Law-Reform-Handbook.pdf

  8. DISCUSSION

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