Out-Law News 1 min. read
01 Nov 2013, 1:20 pm
The regulations came into force on 1 November, and removed restrictions placed on foreign investors in the country's 'strategic' sectors, such as mining.
"The new law is a positive step," said Hong Kong-based projects expert Kate Terry of Pinsent Masons, the law firm behind Out-Law.com. "It will provide increased clarity and certainty for foreign investors, particularly in the natural resources sector, around the terms of their prospective investments."
The 2013 Mongolian Law on Investment (16-page / 265KB PDF) removes the distinction between foreign and domestic private investors in order to encourage investment, according to an unofficial transaction. It removes the need for government approval before private companies can invest in mining, telecommunications and banking projects, although firms with 50% or more foreign government ownership that want to hold more than 33% of the company will still need to obtain approval from a State Administrative Body in Charge of Investment Affairs.
The law also provides investors with tax stability by freezing VAT, corporate income tax, mining royalties and customs duties at the rate applicable when the investment is made for between five and 22 years, depending on the investment amount and location within the country. Investors will also be able to freely transfer profits and assets out of the country, as long as they have "properly fulfilled their tax payment obligations" in the country.
International investment in Mongolia fell by 43% in the first half of 2013, following more than a year of uncertainty over the investment rules, according to Reuters.
