Laws, decrees, bills and regulations relating to business and investment (commentary)
Websites/Multiple Documents
Description:
Substantial collection of analyses of laws relating to dong business in Myanmar, including presentations made at seminars in 2013-2014
Source/publisher:
"Myanmar Times" and other sources via Polastri Wint & Partners
Date of entry/update:
2014-06-06
Grouping:
Websites/Multiple Documents
Language:
English
more
Description:
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
Source/publisher:
Invest in Myanmar
Date of entry/update:
2013-06-03
Grouping:
Websites/Multiple Documents
Language:
English
more
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
Category:
Laws and regulations governing investment, Laws, decrees, bills and regulations relating to business and investment (commentary)
Language:
English
more
Description:
Commentaries on Myanmar?s new investment legislation, with summaries of the laws
Source/publisher:
Lexology
Date of entry/update:
2013-06-03
Grouping:
Websites/Multiple Documents
Language:
English
more
Description:
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...
Source/publisher:
GRUM, Network Myanmar
Date of entry/update:
2013-05-26
Grouping:
Websites/Multiple Documents
Language:
English, Burmese/ မြန်မာဘာသာ
more
Individual Documents
Description:
"...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..."
Jonathan Bonnitcha
Source/publisher:
International Institute for Sustainable Development
Date of publication:
2014-09-12
Date of entry/update:
2014-09-23
[field_licence]
Type:
Individual Documents
Category:
Japanese investment, Laws, decrees, bills and regulations relating to business and investment (commentary)
Language:
English
Format :
pdf
Size:
919.17 KB
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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"
Jonathan Bonnitcha
Source/publisher:
International Institute for Sustainable Development.
Date of publication:
2014-05-31
Date of entry/update:
2014-09-23
[field_licence]
Type:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to business and investment (commentary), Laws and regulations governing investment
Language:
Format :
pdf
Size:
974.18 KB
more
Source/publisher:
Pyidaungsu Hluttaw
Date of publication:
2014-03-28
Date of entry/update:
2014-06-03
[field_licence]
Type:
Individual Documents
Category:
Pyidaungsu Hluttaw: Laws and bylaws/rules/regulations proposed (bills) and/or adopted in 2014, Laws, decrees, bills and regulations relating to business and investment (commentary), Laws, decrees, bills and regulations relating to business and investment (texts), Laws, decrees, bills and regulations relating to the national budget (texts), Burma/Myanmar laws, decrees and regulations (Pyidaungsu Hluttaw), 2014
Language:
Burmese (မြန်မာဘာသာ)
Format :
pdf
Size:
60.15 KB
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Description:
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.
Source/publisher:
KPMG
Date of publication:
2013-02-04
Date of entry/update:
2013-05-16
[field_licence]
Type:
Individual Documents
Language:
English
Local URL:
more
Description:
"...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."
Sean Turnell
Source/publisher:
"Mizzima News"
Date of publication:
2012-09-14
Date of entry/update:
2012-09-18
[field_licence]
Type:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to business and investment (commentary), Burma Economic Watch and its members (analyses)
Language:
English
Local URL:
more
Description:
"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..."
Gwen Robinson
Source/publisher:
"Financial Times"
Date of publication:
2012-09-17
Date of entry/update:
2012-09-18
[field_licence]
Type:
Individual Documents
Language:
English
Local URL:
more
Description:
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.
Roger Moody
Source/publisher:
Various groups
Date of publication:
2000-02-14
Date of entry/update:
2010-09-09
[field_licence]
Type:
Individual Documents
Category:
Foreign investment in mining, Laws, decrees, bills and regulations relating to business and investment (commentary), Laws, decrees, bills and regulations relating to the environment (commentary), Minerals and Mining - Burma (general articles and analyses), Metal mining and other extractive operations, Myanmar Mining legislation (texts and commentary), Laws, decrees, bills and regulations relating to extractive industries (commentary)
Language:
English
Format :
pdf
Size:
1.18 MB
Local URL:
more
Description:
"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..."
B.K. Sen, Peter Gutter
Source/publisher:
"Legal Issues on Burma Journal" No. 9 (Burma Lawyers' Council)
Date of publication:
2001-07-31
Date of entry/update:
2003-06-03
[field_licence]
Type:
Individual Documents
Language:
English
Format :
htm pdf
Size:
31.49 KB 570.58 KB
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