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1- a) A Foreign government or a foreign national
or a body incorporated outside the Republic of Maldives may invest
in the Republic of Maldives, in accordance with the terms of this
Law. The Government of the Republic of Maldives or any part representing
the Government, or Maldivian nationals or a body incorporated in
the Republic of Maldives may collaborate in such investments.
b)
A Foreign Investment may be made in the Republic of Maldives in
accordance with section 3 hereof, in the Ministry of Tourism if
the investment is in tourism, and in the Ministry of Trade and Industries
in all other investments After signing an agreement and having the
investment duly registered in the Ministry of Trade and Industries.
2- The nature and the areas of any Foreign Investment that could
so be made in the Republic of Maldives shall be decided by the Ministry
of Tourism should the investment be tourism related and by the Ministry
of Trade and Industries in all other investments. The said investments
shall have a capital acceptable to the Government of the Republic
of Maldives.
3- All foreign nationals investing in tourism shall sign an agreement
with the Ministry of Tourism. Similarly those investing in all other
sectors shall sign an agreement with the Ministry of Trade and Industries.
This agreement in respect of the investment shall set out the terms
and conditions and the manner of implementation of the investment
scheme and programme.
4- Of those foreign parties referred to in section 1. a) of this
law, only a bank or a Government recognised by the Government of
the Republic of Maldives, or a person or body whose financial status
is either guaranteed by a bank or such institution or is acceptable
to the Government of the Republic of Maldives, may invest in the
Republic of Maldives.
5- An investment made in the Republic of Maldives will be permitted
to carry on operations and activities for the full 1 term of the
agreement if there is compliance with the Law on Foreign Investments
in the Republic of Maldives. And such investments will be duly facilitated
by the Government of theRepublic of Maldives.
6- The Government of the Republic of Maldives may, without giving
any notice or after giving such notice that it deems necessary,
suspend aninvestment before the expiry of the period under the agreement,
either where the Foreign Investor indulges in an activity detrimental
to the security ofthe country or where such temporary closure is
necessary in the opinion of the Government of the Republic of Maldives
in the interests of national security.
Any temporary closure referred to herein would not lead to the Government
of the Republic of Maldives or any party representing the Government,
or Maldivian nationals incurring any liabilities therefore or thereby
nor would it relieve the Foreign Investor of this obligations under
an agreement other the agreement referred to in Section 3 of this
Law, subsisting at the closure referred to in this Section.
7- If, after due investigations, it cannot be concluded within sixty
days of the temporary closure of an investment referred to in Section
6 of this Law, that the Foreign Investor had, infect, indulged in
an activity detrimental to the security of the Republic of Maldives
or even contemplated such an act, then the Government of the Republic
of Maldives will give fair compensation to the foreign Investor
and allow the Foreign Investor to resume the investment.
8- If a Foreign Investor fails to comply with the Laws of the Republic
of Maldives and if there be failure to comply with the same even
after a notice bv the Government of the Rep. of Maldives.
9. Capital belonging to an investment that is closed under Section
6 and 8 of this law would be permitted to be taken out of the country
in a manner to be agreed on by the parties.
10. If the investment operations in the Republic of Maldives be
such that local raw materials could be used, such items shall be
obtained and in the process. Provided however, where suitable materials
for the processes are not obtainable in sufficient quantities locally,
they may be obtained from outside the Republic of Maldives.
11. Maldivian nationals shall be employed in investments in the
Republic of Maldives except in those cases where employment of non-nationals
becomes necessary.
12. If the items produced by the investment is a requirement of
the Maldivian people, a percentage of the production shall, if necessary,
be required to be marketed in the Republic of Maldives in a manner
to be agreed to by both parties.
13. The profits of the investment in the Republic of Maldives may
be remitted out of the country under the terms of the agreement
entered into under Section 3 of this Law.
14. The Government of the Republic of Maldives may waive duty and
tax investments carried out in the country for a period, the Government,
at its discretion specifies. The tax referred to in Law No. 15/79
(Law on Tourism in the Maldives) does not come under the provision
of this Law.
15. In the event of disagreement on any matter in regard to the
investment made under this Law and on failure to reach an agreement
by discussion between the two parties concerned, the matter in dispute
shall be dealt with in accordance with the agreement.
16. As from the date of operation, this Law will apply to all Foreign
Investments to be made in the Republ ic of Maldives and also to
those already established in the country.
17. In this Law:
a) "Foreign Investment" means the goods, money and services
brought into the Republic of Maldives by Foreign Governments, bodies
or Nationals as are referred to in Section 1 and 4 hereof, to undertake
an economic activity in the Republic of Maldives, exclusive of those
imported by them under Law No. 4/79 relating to Business undertakings
of Foreign Nationals in the Republic of Maldives.
b) "Capital" means money and property.
c) "Foreign Investor" includes the shareholders, director~,
managers and all the employees of the investment.
d) "Investment in Tourism" means the construction or the
management of a Tourist Resort or a Guest House as referred to in
the Note to Law No. 15/79.
e) The singular as used herein shall include the plural and vice
versa.
Note:
This Law No. 25l79 (Law on Foreign Investment in the Republic of
Maldives) was amended by the Citizens' Majlis I February 1989 and
came into effect on 9 February 1989.
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