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general 30 cms cameron mckenna is among the first major international law firms to open office in iran 37 direct sales most foreign companies are involved in direct sales to iranian customers through letters of credit and occasionally on the basis of usance investments in accordance with the terms of the foreign investment promotion and protection act fippa foreign companies may invest in newly established factories and industries foreign companies are allowed to own 100 per cent of the businesses 38 investment by natural persons of foreign nationality edit see also iranian citizens abroad in 2006 iranian citizens abroad s net worth was 1 3 trillion 39 in 2000 the iran press service reported that iranian expatriates had invested between 200 and 400 billion in the united states europe and china but almost nothing in iran 40 in dubai iranian expatriates have invested an estimated 200 billion 2006 41 according to the civil code foreign nationals will subject to the existence of a treaty on reciprocity enjoy the same rights and privileges of iranians the companies formed by such foreign nationals will be of iranian nationality and subject to the same laws which regulate the activities of iranian companies foreign investment in the framework of the commercial code edit see also foreign branch office taxation in iran and foreign capital and privatization in iran the iranian commercial code is divided into four parts merchant and trade activities trade companies negotiable instruments contracts and bankruptcy foreign nationals can in the framework of the commercial code and subject to the observance of the relevant procedures form and register companies in iran iran s commercial code does not differentiate between iranian and foreign stock holders of iranian companies in other words there is no restriction regarding the nationality of those who want to establish companies in iran in this context foreign exchange restrictions are equally applied to iranian and foreign investors such companies however do not enjoy the privileges set out in fippa see below company types edit see also list of legal entity types by country iran there are seven types of juridical entity or company which can be established under the iranian commercial code as follows 42 joint stock company may be either a public company sherkat sahami am or a private company sherkat sahami khass limited liability company llc sherkat ba masouliyat mahdoud general partnership sherkat tazamoni limited partnership sherkat mokhtalet gheyr sahami joint stock partnership sherkat mokhtalet sahami proportional liability partnership sherkat nesbi manufacturing consumer co operative sherkat ta avoni va masraf from among all these different types joint stock company in which the capital is divided by shares is the most common and acceptable type of company which can be recommended to foreign investors 43 fippa edit see also government of iran ministry of economic affairs and finance iran and tehran stock exchange provisions of the 2002 act entitled foreign investment promotion and protection act fippa include 36 allowing foreign investment in all sectors opened to iranian private companies a review of the definition of foreign investor to include iranian expatriates provided that their investment capital originates from abroad allowing repatriation of local sales related profits in addition to export related profits in hard currency at the current official exchange rate fair compensation in case of nationalization if an act of the government disrupts the business activity the government will be under obligation to make payments for any loan installments that are due on behalf of the project company fippa allows for international arbitration in legal disputes 44 there are two major arbitral institutions in iran the tehran regional arbitration centre trac and the arbitration centre of the tehran commercial chamber the establishment of a maximum 45 day period for the processing of individual foreign investment applications for the first time project financing schemes such as buy back agreements and bot projects only under an operator status are specifically covered under the foreign investment law 45 under the fippa any foreign natural or legal person importing capital in iran will enjoy the benefits and privileges of this law as long as the investment leads to economic growth promotes technology promotes quality of products increases employment opportunities increases exports and entering the international markets the investment does not jeopardize national security and public interests or harm the environment or interrupt national economy or disrupt products of domestic investments the investment does not involve the granting of any special rights resulting in a monopoly the value ratio of goods and services produced by aggregate of foreign investments does not exceed 25 in each economic sector and in each economic branch shall not exceed 35 fippa will be applicable based on the nationality of the foreign capital as opposed to the investor as long as the capital comes from foreign sources any one importing it will be eligible for fippa protection including iranians residing in iran or abroad starting in 2014 foreign investors who establish production lines in iran and export 30 percent of their products will be entitled to tax exemptions up to 50 46 47 potential approaches to the market edit see also foreign portfolio investment in iran licensing and franchising in iran venture capital in iran and technology start ups in iran first and foremost it is crucial to realize that iranian authorities insist on a long term commitment and a transfer of technology as a requisite for getting a share in the market foreign companies are therefore advised to adopt a medium to long term strategy for the iranian market iran will almost never honor the interests of a company that does not show long term commitment tenders are strictly required for government contracts for purchasing or projects these are rarely competitive breaking up contracts into smaller parts is a common practice to try to incorporate at least 30 of the contract s value in local capability and also to negotiate on specific prices currently there are three main routes that a foreign company can follow to establish a long term presence in iran joint ventures edit see also fdi in iran s automotive industry fdi in iran s construction industry fdi in iran s tourism industry fdi in iran s ict fdi in iran s mining industry fdi in iran s agriculture fdi in iran s railways fdi in iran s power generation industry and fdi in iran s healthcare industry one possible strategy is for the foreign company to enter into a joint venture agreement with a public or private iranian partner the existing level of technology and infrastructure makes many iranian companies suitable for expansion and development in conjunction with foreign companies many iranian companies especially those in the private sector are currently actively seeking joint venture partners both to fill their technological as well as management gaps others are looking for a revival of their company through foreign capital should a company decide to adopt this approach to the market it is advisable to look for products and services that have both domestic demand as well as regional export potential if a joint venture company can earn hard currency through export of its goods it will not be too dependent on the iranian banking system for the repatriation of profits and dividends some joint ventures consist purely of the transfer of technology to iran by the foreign partner without any capital commitment since iranian authorities are very keen on the introduction of modern technologies this path can prove very constructive in august 2010 the 25 ceiling set for joint venture companies in enjoying facilities from the foreign exchange reserve account has been eliminated 48 industry and mines agriculture transport services such as tourism it and the export of goods and services are the sectors authorized to enjoy the new facilities from the foreign exchange reserve account 49 buy back edit see also fdi in iran s petroleum industry and national iranian oil company abadan petrochemical complex in the 1990s and early 2000s some indirect oilfield development agreements were made with foreign firms buyback contracts in the oil sector for instance were arranged in which the contractor funded all the investments and then received remuneration from the national iranian oil company nioc in the form of an allocated production share then transferred operation of the field to nioc after a set number of years at which time the contract was completed in february 2007 the government unveiled its new buyback contract formula which significantly extended the length of the contracts to as long as 20 years 50 the buy back scheme is a formula used by the iranian government to attract foreign investment following the end of the iran iraq war in 1988 iran faced a major problem it needed foreign investment if it did not want to lose its vital income from the oil and gas industry yet its revolutionary ideology and constitution forbid granting concessions a compromise solution was found in 1989 with the first five year economic social and cultural development plan under note 29 of the said plan the iranian government is allowed to employ buybacks in its effort to meet the industrial and mineral needs in connection with exports production and investment put in laymen terms a buy back transaction is a method of trade where plants machinery production equipment and technology is supplied by a domestic or foreign private firm in exchange for the goods that will be produced directly or indirectly by means of such facilities 44 under this scheme the foreign partner that makes the initial investment can repatriate the return on the investment at a pre agreed fixed rate through goods and services produced by the project citation needed while many foreign companies believe that this method is a mere financing instrument for iran it is more accurate to say that it is a compromise formula for foreign investment in the short run in the medium to long term more appropriate laws and regulations will probably replace the buy back scheme in other words once the constitutional concerns have been dealt with the foreign partners of buy back agreements can take over the projects that they are involved in or they can enter into a joint venture with an iranian partner 44 the iranian or integrated petroleum contract ipc edit some of the main criticisms of the buyback contracts include lack of flexibility of cost recovery and in some cases the nioc s limited expertise to reverse field decline rates in comparison to the international oil company ioc that developed the field the integrated petroleum contract ipc will require the iocs to fulfill iran s local content requirement which will be 51 of the contract and transfer of technology 51 ipcs will be offered for work on somewhere between 34 and 74 oil fields and could last for the duration of a field s life 52 in 2013 iran also announced for the first time since the iranian revolution of 1979 the offering of production sharing contracts pscs for the most complicated and difficult projects such as deep water wells in the caspian sea the details of which will be revealed in december 2015 in london 52 53 54 build operate transfer bot edit see also energy in iran fdi in iran s petrochemicals and transport in iran recent regulations have introduced the build operate transfer bot scheme for iranian projects this is a rather new possibility in the iranian market in this scheme the foreign partner invests in one project which is then operated for a certain period of time by the foreign investor before it is fully transferred to the iranian government iranian authorities are showing some flexibility regarding the bot which could potentially pave the way for more foreign investment in the market 44 free trade zones and special economic zones edit see also taxation in iran s ftzs banking in iran s ftzs and iranian oil bourse iran s trade balance 2000 2007 iran s interest in free zones can be traced back to the 1970s 55 advantages edit free trade ftz and special economic zones sez have been established to provide additional investment incentives such as 20 years tax exemption 15 years before 2014 citation needed no entry visa requirement 100 foreign ownership possible flexible employment regulations flexible monetary banking services extended legal guarantees protection locations edit see also technology parks in iran as of january 2010 there were six free trade zones ftz and 16 special economic zones sez in iran 56 more ftz and sez are planned in iran 57 name authority in charge type location anzali archived 14 august 2010 at the wayback machine free trade zone chabahar free trade zone chabahar kish free trade zone kish island arvand free trade zone khorramshahr aras free trade zone east azerbaijan qeshm free trade zone qeshm island maku free trade zone maku imam khomeini international airport free trade zone tehran bushehr special economic zone bushehr lorestan archived 2 november 2018 at the wayback machine special economic zone sirjan special economic zone sarakhs special economic zone special economic zone sarakhs archived 17 february 2010 at the wayback machine payam archived 7 february 2019 at the wayback machine payam aviation special economic zone karaj salafchegan astan quds razavi special economic zone persian gulf mines and metals national iranian steel company special economic zone persian gulf shipbuilding isoico special economic zone bandar abbas arge e jadid special economic zone pseez nioc special economic zone bushehr petrochemical special economic zone archived 4 july 2017 at the wayback machine nipc petzone special economic zone mahshahr shiraz electric and electronics idro special economic zone shiraz yazd textile industries archived 5 august 2018 at the wayback machine special economic zone yazd bandar amirabad behshahr special economic zone bandar bushehr archived 23 july 2010 at the wayback machine special economic zone bushehr shaheed rajaee shaheed rajaee port authority special economic zone bandar abbas outward fdi edit see also central bank of iran foreign exposure and transactions setad and bonyad iran has made substantial investments abroad the main agencies in charge are the iran foreign investments company fdi and the central bank of iran forex broadly speaking these investments can be categorized as fdi and foreign portfolio investments outward fdi include joint car factories abroad e g syria azerbaijan senegal belarus venezuela various joint petrochemical plants various power plants portfolio investments include national development fund portfolio investments abroad foreign exchange reserves held abroad see also iranian frozen assets partial ownership in ...
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