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    Law No - 13 - of The Year 2000

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    Ahmad Bilal Ansari
    This document is a law from Qatar that governs foreign capital investment in the country's economic activities. Some key points: 1) It allows foreign investors to invest in most sectors as long as they have a Qatari partner owning at least 51% of shares. Some sectors like banks and real estate have more restrictions. 2) Foreign investors can own up to 100% of companies in sectors like agriculture, industry, tourism if the project benefits Qatar's development plan. 3) The law provides incentives for foreign investment like tax exemptions, land leases, customs waivers on imports for projects. 4) It guarantees foreign investors protection from expropriation without fair compensation and the right to

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

    Law No - 13 - of The Year 2000

    Uploaded by

    Ahmad Bilal Ansari
    50 views10 pages
    This document is a law from Qatar that governs foreign capital investment in the country's economic activities. Some key points: 1) It allows foreign investors to invest in most sectors as long as they have a Qatari partner owning at least 51% of shares. Some sectors like banks and real estate have more restrictions. 2) Foreign investors can own up to 100% of companies in sectors like agriculture, industry, tourism if the project benefits Qatar's development plan. 3) The law provides incentives for foreign investment like tax exemptions, land leases, customs waivers on imports for projects. 4) It guarantees foreign investors protection from expropriation without fair compensation and the right to

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    Law No _13_ of the year 2000

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    This document is a law from Qatar that governs foreign capital investment in the country's economic activities. Some key points: 1) It allows foreign investors to invest in most sectors as long as they have a Qatari partner owning at least 51% of shares. Some sectors like banks and real estate have more restrictions. 2) Foreign investors can own up to 100% of companies in sectors like agriculture, industry, tourism if the project benefits Qatar's development plan. 3) The law provides incentives for foreign investment like tax exemptions, land leases, customs waivers on imports for projects. 4) It guarantees foreign investors protection from expropriation without fair compensation and the right to

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    50 views10 pages

    Law No - 13 - of The Year 2000

    Uploaded by

    Ahmad Bilal Ansari
    This document is a law from Qatar that governs foreign capital investment in the country's economic activities. Some key points: 1) It allows foreign investors to invest in most sectors as long as they have a Qatari partner owning at least 51% of shares. Some sectors like banks and real estate have more restrictions. 2) Foreign investors can own up to 100% of companies in sectors like agriculture, industry, tourism if the project benefits Qatar's development plan. 3) The law provides incentives for foreign investment like tax exemptions, land leases, customs waivers on imports for projects. 4) It guarantees foreign investors protection from expropriation without fair compensation and the right to

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 10

    State of Qatar

    Ministry of Economy and Commerce

    Law No. (13) of the year 2000 on


    Organization of Foreign Capital Investment
    in the Economic Activity.

    1
    Law No: (13) of the year 2000 on organization of Foreign
    Capital Investment in the Economic Activity.

    We, Jassim Bin Hamad Al-Thani, Deputy Emir of the State of Qatar,

    Having due regard to the Amended Interim Provisional Constitution,


    particularly, Articles No. (22), (23), (34), and (51) there of, and

    Commercial Companies Law promulgated by Law No. (11) of the


    year 1981, amended by Law No.(9) of the year 1998, and, Customs
    Law promulgated by Law No. (5) of the year 1988 and Laws
    amending that, and,

    Law Decree No.(25) of the year 1990 on organization of non-Qatari


    Capital Investment in the economic activity, amended by Law
    No.(9) of the year 1995, and Law Decree No.(11) of the year 1993
    concerning Income tax, and

    Law Decree No.(22) of the year 1993 on organization of Ministry of


    Economy and Commerce and prescription of its mandates, and the
    proposal submitted by Minister of Finance, Economy and Commerce,
    the draft Law submitted by the Cabinet, and having consulted the
    Advisory Council, have decided the following Law:

    CHAPTER ONE
    Definitions

    Article (1)

    In application of this Law, the following terms and expressions shall


    have the meaning shown opposite to each unless the text requires
    otherwise

    Ministry : Ministry of Finance, Economy, and Commerce

    2
    Minister : Minister of Finance, Economy, and Commerce

    Foreign Investors : Non-Qatari’s whether they are natural or


    judicial who invest their money in any of the projects in which
    direct investment is permitted by the State in accordance with
    provisions of this Law.

    Foreign Invested Capital:


    Cash, in kind money or rights in rem foreign Investors Invest in the
    State of Qatar including :

    1. Funds transferred to the State (Qatar) through Licensed


    banks and Financial companies.

    2. It is prohibited for Foreign investment mention in items (1)


    and (2) above, to invest in banks and insurance companies as
    well as commercial agency rights and trading in real estate.

    3. Corporeal assets imported for Investment purposes in


    accordance with provisions of this Law.

    4. Profits, revenues and reserves generated from Foreign capital


    Investment in a project where by project capital has been
    increased or if invest in any of the permitted projects in
    accordance with provisions of this Law.

    5. Rights in rem such Licenses, patent right and trade marks


    registered in the State (Qatar).

    3
    CHAPTER TWO
    Foreign Capital Investment

    Article (2)

    1- Subject to provisions of item “3” of this article Foreign


    Investors may invest in all sectors of national economy
    provided that they shall have Qatari partner(s) whose share
    in the capital shall not be less than 51 % and the company is
    Legally established in accordance with provisions of law.

    2- Nevertheless, Foreign investors may, upon Minister’s


    decision, increase their share in project capital from 49% up
    to 100 % in the fields of agriculture, industry, health,
    education, tourism, development and exploitation of natural
    resources, energy or mining provided that such projects
    match with Development plan of the State (Qatar) and due
    preference shall be given to projects that would achieve the
    optimal utilization of domestic raw materials, export
    industries, or project that would present a new product or in
    which modern technology is used, in addition to projects
    that seek to locate worldwide leading industry or develop
    and qualify national cadre.

    3- It is prohibited for Foreign investment mention in items (1)


    and (2) above, to invest in banks and insurance companies
    as well as commercial agency rights and trading in real
    estate.

    Article (3)

    The Minister may, after consultation with concerned authority,


    license Foreign companies engaged in work contracts in the
    State to implement their contracts if that facilitates delivery of a
    certain service or for the public interest.

    4
    Article (4)

    Unless otherwise specifically stated in this Law, foreign investor


    desiring to obtain license stipulated for practicing any of the
    activities in which investment is permitted, such license. Shall be
    given in accordance with provisions of laws in force in the State
    in respect to intended business.

    CHAPTER THREE
    Investment Incentives

    Article (5)_

    A piece of land may be allotted to the foreign investor to set up his


    investment project on a long term lease contract for a period not
    exceeding 50 years renewable.

    Article (6)

    Foreign investor has the right to import whatever he needs for the
    establishment, operation or expansion of his project in accordance
    with laws applicable in the state.

    Article (7)

    The Ministry may :

    1- Exempt the foreign capital invested in the fields stated in


    Article (2) here of, from the Income Tax for a period not
    exceeding ten years effective from Investment project
    commissioning date.

    5
    2- Exempt Foreign investment projects from custom’s taxes in
    respect to machinery and equipment imported for projects
    set-up .

    3- Grant foreign investment industrial projects, customs


    exemption on imported rows materials and half-
    manufactured materials, not available in local markets,
    necessary for production purposes.

    Article(8)

    1- Foreign investment shall in either directly nor indirectly, be


    subject to expropriation or any other similar procedures
    unless such measures are for public welfare and implements
    in a non-discriminating way, against a prompt and reasonable
    compensation in accordance with legal procedures and
    general principles stated in item 2of this Article.

    2- Compensation shall be equal to actual economic value


    expropriated investment at time of expropriation or
    announcement of the same. Compensation shall be estimated
    in accordance with a normal economic situation or precedent
    to any notification on expropriation of investment.
    Compensation shall be paid with immediate effect and shall
    be transferable at any time. Upto settlement of
    compensation, an interest shall be calculated for the same in
    accordance with interest rate prevailing in the state.

    Article (9)

    1- Foreign Investors shall have the right to bank for all


    amounts relevant to their investment from 1 to any external
    destination without any delay. Transfers shall include

    a- Investment revenues.

    6
    b- Amounts generated from partial or entire sale or
    liquidation of investment.
    c- Amounts resulting from settlement of investment
    disputes.
    d- Compensation stated in Article (8) hereof.

    2- Money transfers can be executed in any exchangeable


    currency at the exchange rate prevailing on the date of
    transfer

    Article (10)

    Foreign investor shall have the right to transfer his investment


    ownership to any other foreign or natural investor or to assign
    ownership to his local partner in case of partnership provided such
    arraignment or transfer shall be effected in accordance with
    applicable laws and regulations.

    In these cases, treatment of investment shall continue in


    accordance with provisions of this law provided that the new
    investor shall have to keep the project running and shall replace
    the farmer investor in respect to liabilities and obligations.

    Article (11)

    It may be agreed to solve any dispute arising between the investor


    and any other party through Local or international arbitration
    commission.

    CHAPTER FOUR
    General provisions

    Article (12)

    Provisions of this law shall not be applicable to


    7
    1- Companies and individuals assigned by the state to mine,
    exploit, or manage the natural resources under special lien or
    agreement insomuch as this shall not be in contradiction with
    stipulations of provisions of Lien contract or the special
    agreement.

    2- Companies founded by or shared by government and other


    public institutions and authorities in association with foreign
    investors , in accordance with Article (90) of above
    referenced Commercial Companies Law.

    Article (13)

    Foreign Investor shall keep the environment safe against


    pollution and shall adhere to laws, regulations and instructions
    relevant to security and public health. He is also required not to
    engage in any acts affecting State’s public Order and morals in
    general.

    Article(14)

    Provisions of this law shall not prejudice any customs privileges and
    exemptions or any other warranties or incentives given to any
    companies and institutions existing when this law comes into force.
    These companies and institutions shall keep enjoying such
    privileges, exemptions, warranties, and incentives in accordance
    with the regulations, agreements, and contracts they emanate
    from.

    8
    CHAPTER FIVE
    Penalties and Closing Provisions

    Article (15)

    Ministry shall notify the foreign investor in the event that he


    breaches any of the provisions hereof, who, in turn, shall have to
    rectify the breach within a period not exceeding 3 months effective
    from date of notice.

    Article (16)

    Without prejudice to any other severer penalty stipulated by any


    other law, any foreign investor carrying out an economic activity
    that is in breach of this law, shall be subject to a fine not less than
    Q.R. 50,000 / - and not exceeding Q.R. 100,000 / - Any citizen who
    engages with the foreigner in such illegal activity shall be subject to
    the same penalty.

    Article (17)

    Ministry technical staff designated by minister shall have the


    capacity of judicial police in seizing and proving crimes committed in
    violation of provisions of this law and its respective executive
    decisions. To achieve that end, Ministry shall have access to shops
    and institutions subjected to this law in order to inspect and review
    their documents and records .

    Article (18)

    Law Decree No.(25) of the year 1990 is hereby revoked in addition


    to any other provision contradicting provisions of this law.

    9
    Article (19)

    Minister shall issue by laws and decisions needed for the


    implementation of provisions of this Law including determination of
    relevant fees.

    Article (20)

    All competent parties, each within its competence shall execute this
    law which shall come into force on the date on which it is published
    in the official Gazette.

    Jasim Bin Hamad Al – Thani


    Deputy Emir of the state of Qatar

    Issued at Emir Divan on 19 /7 /1421 A.H


    Corresponding to 16 / 10 /2000. A.D

    10

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