Laws and regulations governing investment

See also the Law and Constitution section
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Description: 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).
Source/publisher: SPDC
Date of entry/update: 2010-09-02
Grouping: Websites/Multiple Documents
Language: English
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Description: 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.
Creator/author: James Finch, Jaime Casanova
Source/publisher: International Comparative Legal Guides (ICLG)
Date of entry/update: 2014-11-19
Grouping: Websites/Multiple Documents
Language: English
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Individual Documents

Description: "Since Myanmar gained its independence on 4 January 1948, it has passed through several highly distinct phases of development: decades of isolation, at fi rst self-imposed and later the result of sanctions, then the introduction of a market economy in the late 1980s, with various watershed moments in the country’s politics, ushering in a period of transition which has recently gathered pace. Th is has been accompanied by radical political and economic changes, mainly at the national level but also in the international context as the country has opened up to the outside world. In Myanmar itself, at the level of the Union Territory of Nay Pyi Taw, the 14 states and regions and the 330 townships, dramatic changes are taking place: the massive expansion of infrastructure, the intensive development of formerly peripheral areas of the country, much of which has been driven by resource extraction, and stronger links with neighbouring countries, all of which are focusing interest on the nature and pace of, and potential for, development in individual regions. In this setting, the purpose of this ‘Socio-Economic Atlas of Myanmar’ is to provide, for the fi rst time, a geographical overview and analysis of the country’s development progress and the spatial characteristics and disparities in its socio-economic transition using maps and texts. Th e idea for the Atlas evolved over the last 21 years, since February 1996, as a result of the increasingly intensive cooperation between the Departments of Geography at the University of Yangon, Myanmar, and the University of Cologne, Germany. Th e signing of the Memorandum of Understanding between the Universities on 23 August 2003 – highly unusual at the time – led to even more intensive cooperation in the fi elds of research and teaching. In 2011, the Centre of Excellence (CoE) for Urban and Regional Development was established as a partnership between the University of Yangon and the University of Cologne. Following various joint workshops between Germany and Myanmar, a partnership was also established with the then Department of Human Settlement and Housing Development (DHSHD), now the Department for Urban and Housing Development (DUHD) at the Ministry of Construction. Here too, many years of positive and increasingly intensive cooperation culminated in the signing of a Memorandum of Understanding on 13 June 2012 and the founding of the Myanmar German Research Centre for Urban and Regional Development (MGRC). Th e results of a joint research project – ‘Th e 81+ urban network system of Myanmar’ – were also incorporated into the Socio-Economic Atlas. Since 2011, an intensive partnership has also developed with the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, which is a German federal enterprise and supports the German Government in international cooperation for sustainable development via technical advice and capacity building. GIZ operates in more than 130 countries and employs approximately 17,000 staff worldwide. On behalf of the Federal German Ministry for Economic Cooperation and Development (BMZ), GIZ resumed its activities in Myanmar in 2012 in the area of sustainable economic development. Th e GIZ Private Sector Development Project (PSD) in Myanmar aims to strengthen capacities for sustainable private sector development with the focus on improved framework conditions for small and medium enterprises (SMEs) in Myanmar. All parts of this atlas, from the single maps to the texts, have been created and written with the utmost diligence and care. However, the maps in particular are based on information and statistical data which sometimes may contain errors and uncertainties. Th ey refl ect and visualise the current state of knowledge. Any errors and shortcomings in data other than that provided to us by other institutions remain our own. In order to contribute to the further improvement of knowledge about the country and the current socio-economic transformation processes, we encourage the readers of the Atlas to notify and discuss with us any errors which may come to their attention. Th is atlas could not have been produced without the trustful and fruitful collaboration and constant support of countless dedicated individuals in numerous institutions in Myanmar and Germany. Th e authors are indebted to their many colleagues, department heads, offi cials, staff members and other individuals who, with great kindness and patience, provided information, data and advice, shared knowledge, experience and passion, and listened and encouraged over many years and in many areas of Myanmar. First and foremost, we would like to express our profound thanks to the Ministry of Construction, particularly the Department of Urban and Housing Development, and the University of Yangon under the Ministry of Education for their trust, confi dence and invaluable support over many years in which the Atlas gained shape. At the Ministry of Construction, H. E. the Minister of Construction, U Win Khaing, H. E. the former Minister of Construction, U Kyaw Lwin, Permanent Secretary U Kyaw Linn, Director General U Min Htein, former Deputy Director General U Win Myint and former Director U Win Zaw provided invaluable support for which we are sincerely grateful. Several staff members of the Ministry of Construction are co-authors of the Atlas, others contributed indirectly. In the Ministry of Education, we are deeply grateful to H. E. the Minister of Education, Professor Dr Myo Th ein Gyi, H. E. the former Minister of Education, Professor Dr Khin San Yee, H. E. Chairman of the National Education Policy Commission Professor Dr Myo Myint, H. E. and the former Vice Minister of Science and Technology, Professor Dr Ba Shwe. We would like to thank the Rector of the University of Yangon, Professor Dr Pho Kaung, his predecessors Professor Dr Aung Th u, Professor Dr Tin Tun and Professor Dr Soe Yin, and Pro-Rectors Professor Dr Kyaw Naing and Professor Dr Omar Kyaw for their excellent personal support and strong encouragement. Several heads of the Department of Geography at the University of Yangon have done much to strengthen the growing collaboration since 1996. Th e members of the Centre of Excellence (CoE) for Urban and Regional Development at the University of Yangon, established in 2011 as research institution and think tank, were very supportive in respect to the generation of regional knowledge. Several members of various universities in Myanmar under the Ministry of Education are co-authors of this atlas, others contributed indirectly. We are sincerely grateful to the German Federal Ministry for Economic Cooperation and Development (BMZ) and the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH for the excellent collaboration and their generous fi nancial support for parts of the cartographic work and the publication of this atlas. Our thanks are also due to Irina Scheff mann, Cho Myat Nwe Tun and Dominik Weidert for the trustful cooperation and creative exchange over recent years. We also thank GIZ’s institutional partners, the Directorate of Investment and Company Administration (DICA), especially Director General U Aung Naing Oo, Deputy Director General U San Myint, Director Dr Marlar Myo Nyunt, Assistant Director Daw Aye Aye and Deputy Staff Offi cer Daw Yin Yin Mar. We are most grateful to numerous ministries and departments which contributed valuable information and data for the generation of the maps, namely the former Ministry of Agriculture and Irrigation, Ministry of Commerce, Ministry of Communications and Information Technology, Ministry of Cooperatives, Ministry of Electric Power, Ministry of Energy, Ministry of Environmental Conservation and Forestry, Ministry of Finance, Ministry of Health, Ministry of Home Aff airs, Ministry of Hotels and Tourism, Ministry of Immigration and Population, Ministry of Industry, Ministry of Information, Ministry of Labour, Employment and Social Security, Ministry of Livestock, Fisheries and Rural Development, Ministry of Mines, Ministry of National Planning and Economic Development, Ministry of Rail Transportation, Ministry of Science and Technology, Ministry of Social Welfare and Ministry of Transport. Our sincere thanks also go to the Nay Pyi Taw City Development Committee, Yangon City Development Committee and Mandalay City Development Committee, the Myanmar Computer Federation and Myanmar Garment Manufacturers Association (MGMA). Th e German Academic Exchange Service (DAAD) supported a two-year Visiting Professorship (2012-2014) and several short-term stays at the University of Yangon. Th e German Research Foundation generously supported the research project ‘Th e urban system of Myanmar in the transformation process’ (KR 1764/19-1) and provided a substitute professorship grant (2012-2014; KR 1764/23-1). Sincere thanks go to the Rectorate, the Faculty of Science and the Institute of Geography of the University of Cologne for their support. Sincere thanks are due to all our co-authors and contributors to the atlas, namely YCDC Secretary Daw Hlaing Maw Oo, Pro-Rector Professor Dr Aung Kyaw, Pro-Rector (retir.) Professor Dr Win Maung, Deputy Director General Professor Dr Nay Win Oo, Deputy Director General U Myint Naing, Director Dr Th an Th an Th we, Professor Dr Htun Ko, Professor Dr Khin Khin Han, Professor Dr Nilar Aung, Associate Professor Dr Khin Khin Soe, Associate Professor Dr Saw Yu May, Associate Professor Dr Zin Nwe Myint and Dr Zin Mar Th an, for their commitment to the book’s joint endeavour, namely to provide an up-to-date overview of a rapidly evolving development process. We owe special thanks to Stefanie Naumann for the excellent layout and Christopher Hay, Ulli Huber, Dr Edel Sheridan-Quantz and Katharine Th omas for the thorough translation and English correction. Finally, we would like to thank our families and friends in Myanmar and Germany for sharing their love and passion and for strengthening the bridge between our cultures. Th is book is dedicated to our teacher, friend and sister Sayama Gyi Professor Dr Mi Mi Kyi, without whom none of this would have been possible..."
Creator/author:
Source/publisher: Franz Steiner Verlag
2017-04-00
Date of entry/update: 2021-10-24
Grouping: Individual Documents
Language:
Format : pdf
Size: 27.31 MB (190 Pages) - Original version
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Description: "What are trademarks? Under the new Myanmar Trademark Law 2019, trademarks are defined as any visually perceptible sign that distinguishes the goods or services of one undertaking from those of other undertakings. This includes an individual’s personal name, letters, numerals, graphical representations, and combinations of colors. Nevertheless, it is important to note that not all trademarks are registrable. For example, an application to register trademarks that are deemed to lack distinctiveness, or are directly descriptive of goods or services, will be refused. An application may also be rejected if the trademark is applied for in bad faith, or is identical or confusingly similar to a third party’s trademark. I have already registered my trademarks in my home country. Why do I need to file new applications in Myanmar? Trademark rights are territorial in nature. This means that the ownership of a registered trademark in another country will not be sufficient for you to establish grounds for trademark infringement, if your trademark is used by an unauthorized third party in Myanmar. If you are using (or if you are planning to use) your trademark in Myanmar, it is highly recommended for trademark protection to be sought here. You may also wish to consult your trademark agent on the possibility of claiming the priority date of your foreign trademark applications in Myanmar..."
Creator/author:
Source/publisher: "LEXOLOGY"
2019-09-25
Date of entry/update: 2019-09-25
Grouping: Individual Documents
Language:
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Description: 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"
Creator/author: Jonathan Bonnitcha
Source/publisher: International Institute for Sustainable Development.
2014-06-00
Date of entry/update: 2014-09-23
Grouping: Individual Documents
Format : pdf
Size: 974.18 KB
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Description: "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..."
Creator/author: Brian McCartan
Source/publisher: "Asia Times Online"
2012-10-03
Date of entry/update: 2012-11-11
Grouping: Individual Documents
Language: English
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