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Home > Main Library > Law and Constitution > Administration > Laws, decrees, bills and regulations relating to the Economy > Laws, decrees, bills and regulations relating to business and investment > Laws, decrees, bills and regulations relating to business and investment (commentary)

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Laws, decrees, bills and regulations relating to business and investment (commentary)

Websites/Multiple Documents

Title: Analyses of laws relating to doing business in Burma/Myanmar
Description/subject: Substantial collection of analyses of laws relating to dong business in Myanmar, including presentations made at seminars in 2013-2014
Language: English
Source/publisher: "Myanmar Times" and other sources via Polastri Wint & Partners
Format/size: html
Date of entry/update: 06 June 2014

Title: Invest in Myanmar - "Intelligent Commentary and Analysis on Myanmar Business"
Description/subject: Articles [Several pages of short overviews of issues related to investment in Myanmar]... "The Myanmar Investment Guide" ["Learn everything you need to know about investing in Myanmar in one simple guide!" $24]... Research Reports & Documents ["I’ve put together a database of research reports that I’ve found particularly useful. As more international organizations start to move into Myanmar, the quality and accuracy of research will surely improve. I keep this database updated with new reports, so be sure to check back in frequently.]... Myanmar Law Library [A rather feeble, 9-item set of full-text (English) investment-related laws from 1914 - more laws and bills, including in Burmese, under Articles ]... About / Contact
Language: English
Source/publisher: Invest in Myanmar
Format/size: html
Date of entry/update: 03 June 2013

Title: Investment in Myanmar
Description/subject: Guidelines, legislation, regulations etc. relating to investment... Country Profile; Foreign Investment Policy; Procedures for Export and Import; Tax Structure and Incentives; Financial Structure & Exchange; Labour; Infrastructure; General Information; Foreign Investment; 1988 to 1996 - & Beyond; Myanmar Data On Internet 1995; Myanmar Export/Import Rules and Regulations; Myanmar Citizens Investment Law; The Myanmar Investment Commission notification No. 2/94; Types of Economic activities applicable to Myanmar Citizens; Investment Law; The Myanmar Investment Commission notification No. 3/94; Foreign Direct Investment Promotion in Myanmar; To Set Up Business in Myanmar; Ministry of Commerce (Order No.10/99); Ministry of Commerce (Order No.2/2000).
Language: English
Source/publisher: SPDC
Format/size: html
Alternate URLs: http://myanmargeneva.org/basicfacts/2country.htm
Date of entry/update: 02 September 2010

Title: Lexology
Description/subject: Commentaries on Myanmar's new investment legislation, with summaries of the laws
Language: English
Source/publisher: Lexology
Format/size: html
Date of entry/update: 03 June 2013

Title: Network Myanmar - documentation
Description/subject: Useful collection of texts in English and Burmese of laws and rules relating to investment in Burma/Myanmar, plus discussion (English):- Burmese Texts of Foreign Investment Legislation: Burmese text of the Foreign Investment Law of 3 November 2012... Burmese text of FIL Notification 1/2013 of 31 January 2013 - Permitted Activities... Burmese text of FIL Notification 11/2013 of 31 January 2013 - FIL Rules ..... Official and Unofficial English Translations of these Texts: Official English translation of the Foreign Investment Law of 3 November 2012... Independent English translation of the Foreign Investment Law of 3 November 2012... English translation of FIL Notification 1/2013 of 31 January 2013 - Permitted Activities... English translation of FIL Notification 11/2013 of 31 January 2013 - FIL Rules..... Investment and Tax Guides to Business and Investment: Analysis in English of FIL Notification 11/2013 of 31 January 2013 - FIL Rules... Myanmar: Foreign Investment Rules in practice - Clifford Chance March 2013... Myanmar Investment Guide - Herbert Smith Freehills, February 2013... Tax Pocket Guide to Investment in Myanmar - DFDL 2013 Edition... Myanmar Business Guide - PricewaterhouseCoopers August 2012..... Two Historical References: Text of Special Economic Zone Law of 27 January 2011 (under revision)... Text of Foreign Investment Law of 30 November 1988... Burma responsible investment reporting requirements State Department Media Note - 23 May 2013...
Language: English, Burmese/ ျမန္မာဘာသာ
Source/publisher: GRUM, Network Myanmar
Format/size: html, pdf
Date of entry/update: 26 May 2013

Individual Documents

Title: The Myanmar–Japan Bilateral Investment Treaty
Date of publication: 12 September 2014
Description/subject: "...This note examines some of the key legal and policy implications of the Myanmar–Japan Bilateral Investment Treaty (BIT). This treaty was signed on December 15, 2013 but, at the time of writing, does not appear to have entered into force. Although Myanmar is already a party to a handful of bilateral and multilateral investment treaties, the Myanmar–Japan BIT is particularly significant for two reasons. The first is that it is the first investment treaty to be negotiated and signed by the transitional government that took power in 2011. As such, it provides insights into how the current Government might approach other investment treaty negotiations over the coming years. The second reason is that the Myanmar–Japan BIT differs significantly from recent ASEAN investment treaty practice (to which Myanmar is a party). For one, the investment protection provisions of the Myanmar–Japan BIT use older- style language, thereby leaving leeway for investment tribunals to limit Myanmar’s policy space in a manner that would not be possible under the ASEAN investment treaties. Myanmar also appears to provide more extensive pre-establishment rights to Japan than it provides to ASEAN member states under the ASEAN Comprehensive Investment Agreement (ASEAN CIA), and it could be argued that the rights granted to Japanese investors must now also be extended to investors of the other nine ASEAN states..."
Author/creator: Jonathan Bonnitcha
Language: English
Source/publisher: International Institute for Sustainable Development
Format/size: pdf (919K-reduced version; 1.63MB-original)
Alternate URLs: http://www.iisd.org/sites/default/files/publications/myanmar-japan-bilateral-investment-treaty.pdf
Date of entry/update: 23 September 2014

Title: Myanmar’s Investment Treaties: A review of legal issues in light of recent trends
Date of publication: June 2014
Description/subject: Executive Summary: "This paper reviews Myanmar’s existing investment treaties and examines the legal implications of key terms contained in them. The purpose of this paper is to provide an overview of Myanmar’s current investment treaty context, which can inform a way forward for possible reform and contribute to a deeper understanding of the implications of potential future treaties. This paper focuses on key provisions that have proven important in other countries’ experience with investment treaties over the past decade. 1 The main findings of this paper are as follows: 1. Myanmar has seven investment treaties in force, plus an eighth treaty—the Myanmar–Japan bilateral investment treaty (BIT)—that may soon enter into force. 2. Myanmar’s investment treaties cover the investment relationship between Myanmar and 15 other countries. These 15 countries are all located in East, South-East and South Asia and in Oceania (Australia and New Zealand). 3. Four of Myanmar’s investment treaties, which cover Myanmar’s investment relationship with 13 different countries, were negotiated either with or through ASEAN. 4. Myanmar’s investment treaties that were negotiated with or through ASEAN show some degree of consistency, although important differences between these four treaties remain. In contrast, there is a very high degree of variation between Myanmar’s ASEAN investment treaties and Myanmar’s BITs, both in the types of provisions included in different treaties and in the drafting of provisions common to several treaties. 5. These variations have significant legal implications for the nature and extent of Myanmar’s obligations under different treaties. They also make the government’s task of complying with Myanmar’s existing investment treaties more complex. 6. Many of Myanmar’s investment treaties contain most-favoured nation (MFN) clauses. The effect of these provisions is that any benefit extended to foreign investors from one country under one investment treaty may need to be extended to foreign investors covered by Myanmar’s other investment treaties. As a result, Myanmar may be required to grant a combination of benefits to foreign investors that is more generous than that provided by any one of Myanmar’s investment treaties, considered individually. 7. Aside from the Myanmar–Philippines BIT, all of Myanmar’s investment treaties allow foreign investors to bring claims under the treaty directly to investor–state arbitration. In such disputes, an arbitral tribunal will decide if the state in which the investment is located has breached the treaty. If the investor’s claim is successful, the tribunal will make a binding, monetary award against the state. Because Myanmar’s investment treaties are enforceable through investor–state arbitration, questions relating to the extent of Myanmar’s obligations under different treaties have important practical implications"
Author/creator: Jonathan Bonnitcha
Source/publisher: International Institute for Sustainable Development.
Format/size: pdf (1MB-reduced version; 1.85MB-original)
Alternate URLs: http://www.iisd.org/sites/default/files/publications/myanmar_investment_treaties_review_legal_issue...
Date of entry/update: 23 September 2014

Title: National Planning Law for the 2014-15 Budget Year - Pyidaungsu Hluttaw Law No. 17/2014 - ၂၀၁၄-၁၅ ဘ႑ာႏွစ္၊ အမ်ိဳးသားစီမံကိန္းဥပေဒ
Date of publication: 28 March 2014
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: Pyidaungsu Hluttaw
Format/size: pdf (60K)
Date of entry/update: 03 June 2014

Title: New Regulations under the Foreign Investment Law released
Date of publication: 04 February 2013
Description/subject: On January 31, 2013 the Ministry of National Planning and Economic Development released the new detailed regulations under the 2012 Myanmar Foreign Investment Law. The much awaited regulations are provided under two separate notifications, Notification 1/2013 and Notification 11/2013, spread over a total of 67 pages. No formal translation has yet to be published. The release of the notifications answers the question everybody has asked themselves – will the new regulations provide a higher level of detail than before? The answer is yes – the new notifications do provide significant more details in many areas. Thus, the positive trend continues – where the government is strengthening Myanmar’s position as an attractive jurisdiction for foreign investments.
Language: English
Source/publisher: KPMG
Format/size: html
Date of entry/update: 16 May 2013

Title: Myanmar to delay foreign investment law
Date of publication: 17 September 2012
Description/subject: "Myanmar is to delay the implementation of controversial foreign investment legislation passed this month, but will step up reforms in areas including the financial sector and land use and will streamline government structures..."
Author/creator: Gwen Robinson
Language: English
Source/publisher: "Financial Times"
Format/size: html
Date of entry/update: 18 September 2012

Title: Investment law to decide if Burma’s growth will be ‘transformational’
Date of publication: 14 September 2012
Description/subject: "...Currently awaiting the signature of the president [returned unsigned to Parliament for amendment late October] is the new Foreign Investment Law designed to make the country more attractive to foreign investors. This law will grant them the right to hold long leases on land (until now leases have been greatly restricted and the state was the exclusive owner of most productive land). Overseas investors will also be able to enjoy a five-year profit tax “holiday,” other tax concessions, and are guaranteed against the nationalization of their businesses (a necessary step given Myanmar’s long history of state expropriation). So far, so good, but Myanmar’s new Foreign Investment Law is also reflective of the country’s continuing divisions. The law has been heavily influenced by the interests of Myanmar’s “crony” conglomerates, which in recent years have come to dominate key areas of the economy. With interests that extend to almost every sector, such cronies (as people in Myanmar routinely refer to them) are likely to feel the threat of foreign competition first and foremost. Accordingly, despite the liberal elements of the new Foreign Investment Law, other key clauses limit the role of foreign investors in a host of sectors, including retail trade, agricultural processing, fisheries and many light industries and services. The outcome of this struggle between liberal reformers and the beneficiaries of Myanmar’s past regime will ultimately shape the new Foreign Investment Law. This struggle will also determine if Myanmar is finally on the path to genuine transformational growth. A tiger in waiting perhaps, but not one yet."
Author/creator: Sean Turnell
Language: English
Source/publisher: "Mizzima News"
Format/size: html
Alternate URLs: http://archive-2.mizzima.com/edop/commentary/8018-investment-law-to-decide-if-burmas-growth-will-be...
Date of entry/update: 18 September 2012

Title: The Burmese Junta's Abuse of Investment Laws
Date of publication: August 2001
Description/subject: "Burma continues to be a pariah state for its gross violations of human rights. The refusal of the Burmese military junta to honour the results of the May 1990 elections made its isolation complete: so much so that Burma was denied ASEAN membership for a long time. The junta has even gone so far as to abuse its own laws, including those regulating foreign investment. As there are already many international reports on the link between foreign investment and violations of human rights in Burma, this paper will mainly focus on the aspect of Burma?s investment laws itself?what kinds of investment laws there are in Burma and how these are being abused by the junta..."
Author/creator: B.K. Sen, Peter Gutter
Language: English
Source/publisher: "Legal Issues on Burma Journal" No. 9 (Burma Lawyers' Council)
Alternate URLs: The original (and authoritative) version of this article may be found in "Legal issues of Burma Journal" No. 9 at http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%209.pdf
Date of entry/update: 03 June 2003

Title: Grave Diggers: A report on Mining in Burma
Date of publication: 14 February 2000
Description/subject: A report on mining in Burma. The problems mining is bringing to the Burmese people, and the multinational companies involved in it. Includes an analysis of the SLORC 1994 Mining Law.... 'Grave Diggers, authored by world renowned mining environmental activist Roger Moody, was the first major review of mining in Burma since the country's military regime opened the door to foreign mining investment in 1994. Singled out for special attention in this report is the stake taken up by Canadian mining promoter Robert Friedland, whose Ivanhoe Mines has redeveloped a major copper mine in the Monywa area in joint venture enterprise with Burma's military regime. There are several useful appendices with first hand reports from mining sites throughout the country. A series of maps shows the location of the exploration concessions taken up almost exclusively by foreign companies in the rounds of bidding that took place in the nineties.
Author/creator: Roger Moody
Language: English
Source/publisher: Various groups
Format/size: pdf (1.2MB)
Date of entry/update: 09 September 2010