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Laws and regulations governing investment
See also the Law and Constitution section

Websites/Multiple Documents

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
http://www.nationsencyclopedia.com/Asia-and-Oceania/Myanmar-FOREIGN-INVESTMENT.html
http://news.xinhuanet.com/english/2009-03/18/content_11032577.htm
Date of entry/update: 02 September 2010


Title: Project Finance Myanmar - Project Finance 2014
Description/subject: Essentially a pre-view/ad for the book (GBP229 incl. delivery)..... 1-Overview... 2-Security... 3-Security Trustee... 4-Enforcement of Security... 5-Bankruptcy and Restructuring Proceedings... 6-Foreign Investment and Ownership Restrictions... 7-Government Approvals/Restrictions... 8-Foreign Insurance... 9-Foreign Employee Restrictions... 10-Equipment Import Restrictions 11-Force Majeure... 12-Corrupt Practices... 13-Applicable Law... 14-Jurisdiction and Waiver of Immunity... 15-International Arbitration... 16-Change of Law / Political Risk... 17-Tax... 18-Other Matters... 19-Islamic Finance.
Author/creator: James Finch, Jaime Casanova
Language: English
Source/publisher: International Comparative Legal Guides (ICLG)
Subscribe: ...
Format/size: html
Date of entry/update: 19 November 2014


Individual Documents

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: Myanmar still a high-risk investment
Date of publication: 03 October 2012
Description/subject: "Internal debate over a pending new foreign investment law has exposed divisions between reformers and conservatives in Myanmar. How the power struggle shakes out will determine in large measure the direction and pace of the country's closely watched economic reform program. Big multinational corporations, including Coca-Cola, Ford Motor Company and General Electric, have expressed initial interest in Myanmar, a market American companies were until recently banned from entering due to US government imposed economic sanctions. Even with that ban lifted, companies have remained wary about committing funds without stronger legal protection of their investments. In line with his broad reform agenda, President Thein Sein announced plans for a more liberal investment regime in late 2011. Since then the law to regulate new foreign investment has undergone several rewrites and heated debate in parliament. The new law is designed to replace the extant and outdated 1988 investment law. A first draft of the law was sent to parliament in March but was rejected by conservative parliamentarians - some with known links to the business associates of former junta leaders - as overly advantageous to foreign interests. Although full details of the legislation have not yet been made public, earlier drafts reportedly included several restrictions on foreign capital, including bans on foreign investment in as many as 13 sectors..."
Author/creator: Brian McCartan
Language: English
Source/publisher: "Asia Times Online"
Format/size: html
Date of entry/update: 11 November 2012