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The Law No.25/79
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 national 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 recognized 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 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 the Republic 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 an investment
before the expiry of the period under the agreement, either where the
Foreign Investor indulges in an activity detrimental to the security
of the 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 his 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 an 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 by the Government of the Republic of Maldives to so comply,
the Government may close the investment and terminate the agreement
relating to such investment.
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 process are not obtainable in sufficient quantities locally, they
may be obtained from outside the Republic of Maldives.
11.
Maldivian national 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 Republic 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 Government, 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, directors, 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. 25/79 (Law of Foreign Investment in the Republic of Maldives)
was amended by the Citizens’ Majlis 1 February 1989 and came into effect
on 9 February 1989.
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