Laws and regulations governing investment
See also the Law and Constitution section
|Title:|| ||Investment in Myanmar
|Description/subject:|| ||Guidelines, legislation, regulations etc. relating to investment...
Foreign Investment Policy;
Procedures for Export and Import;
Tax Structure and Incentives;
Financial Structure & Exchange;
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).|
|Alternate URLs:|| ||http://myanmargeneva.org/basicfacts/2country.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).....
4-Enforcement of Security...
5-Bankruptcy and Restructuring Proceedings...
6-Foreign Investment and Ownership Restrictions...
9-Foreign Employee Restrictions...
10-Equipment Import Restrictions
14-Jurisdiction and Waiver of Immunity...
16-Change of Law / Political Risk...
|Author/creator:|| ||James Finch, Jaime Casanova|
|Source/publisher:|| ||International Comparative Legal Guides (ICLG)|
|Date of entry/update:|| ||19 November 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.
The main findings of this paper are as follows:
Myanmar has seven investment treaties in force, plus an eighth treaty—the Myanmar–Japan bilateral
investment treaty (BIT)—that may soon enter into force.
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
Four of Myanmar’s investment treaties, which cover Myanmar’s investment relationship with 13 different
countries, were negotiated either with or through ASEAN.
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.
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.
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.
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|
|Source/publisher:|| ||"Asia Times Online"|
|Date of entry/update:|| ||11 November 2012|