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 the other 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 the
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 scheme and program.
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
those 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 of
Foreign Investment in the Republic of Maldives. And such
investments will be duly facilitated by the Government of
the 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 Government of the Republic of the 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 Republic
of the Maldives, or Maldivian nationals incurring any
liabilities therefore or thereby nor would it relieve the
Foreign Investor of his obligations under an 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 the Section 6 at 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 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.
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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 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 investment in the Republic of
Maldives except in those cases where employment of the
non-nationals becomes necessary.
12. If the
terms provided 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 on 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.
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15. In the
event of disagreement or 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 the
foreign investment 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 the foreign
governments, bodies or nationals as are referred to in
section 1and 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 lawno.15/79.
e) The singular as used herein shall include the plural
and vice versa.
Note :
this law no.25/79 (Law on Foreign Investments in the
Republic of Maldives) was emended by the Citizens’ Majlis on
1 February 1989 and came into effect on 9 February 1989.
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