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7- Investment Procedure
-Main Land -Foreign Investment in Main
Land
The Law was, enacted in 1955, has been in full force since
then and has never been amended or changed in any material
respect. Applications for the importation of capital are
examined by the Supervisory Board chaired by the President
of the Organization for investment, Economic and Technical
Assistance of Iran (OIETAI) who, ex officio, is the Vice
Minister of Economic Affairs and Finance. Members of the
Supervisory Board are the Vice Ministers of Foreign Affairs,
Mines and Metals, Industry, the Head of Plan and Budget
Organization or his Deputy, the Vice Governor of the Central
Bank of Iran and the President of the Iran Chamber of
Commerce, Industries and Mines. Decisions of the Supervisory
Board with respect to importation of foreign capital are
submitted to the Council of Ministers for approval and
issuance of permission (Art. 2). In order to benefit from
the protections available under L.A.P.F.I., foreign capital:
(a) must be invested in a field permitted for domestic
private capital.
(b) must not involve any monopolistic right or special
concession.
(c) must be privately owned without any foreign government
participation. |
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- Procedure for Import
of Foreign Capital
Under normal circumstances, the foreign exchange has to
physically enter into iran through an authorized bank.
Importing non-cash capital(i.e. machinery, equipment,
etc.)will be accorded as per the second part of article
8 of the Implementing Regulation of L.A.P.F.I, the registration
of which shall be made in the amount of delivered goods
supported by customs documentary evidences.
In the case a payment for know-how or license fee, etc.
is considered to constitute part of the foreign investor's
contribution in the capital investment of a project, the
registration of such foreign capital shall take place
upon the approval of the supervisory board.
The Foreign exchange proceeds from foreign credits and
financial facilities need not be converted into Rials.
They are placed at the disposal of the recipient Iranian
entity which may utilize them to the other for the foreign
purchases(such as machinery ,equipment
)and other expenses
required for the project. |
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-Investment Procedure in
Main Land:
The procedure to be followed by prospective foreign investor
to get his investment approved involve different stages.
a-Finding a Suitable Iranian Partner
The foreign investor may approach in the following manners:
By referring to or direct correspondence with the relevant
ministries. The relevant ministry, with regard to its
sanctioned projects, is in position to introduce the holders
of "Agreement in Principle" issued by the ministry and
/ or introduce potential Iranian investors interested
in establishing industrial firms, to the foreign side;
-By referring to or direct correspondence with different
banks, financial institution and / or Iran Chamber of
Commerce, Industries and Mines;
-By referring to or direct correspondence with the O.I.E.T.A.I.,
Foreign Investments Directorate, Ministry of Economic
Affairs and Finance;
-By direct correspondence with organizations and companies
or through the press. b-Obtaining the "Establishment
License"
As the second step in initiating the investment process,
the local partner (together with the foreign investor)
should apply to the concerned ministry for sanctioning
the industrial project.
The application should be supported by the following:
a) the filled in prescribed questionnaire for setting
up an industrial plant, and.
b) copy of project feasibility study.
Should the concerned Ministry, after necessary investigation
and assessment, be in agreement in principle with the
proposed plant, it will issue an "Agreement in principle".
Based on the above agreement, the investor is permitted
to start practical measures for construction of the plant,
import of machinery and arrangement for infra structural
utilities. |
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