An Introduction to the 2012 Myanmar Foreign Investment Law
In 2012 the Government of Myanmar introduced a new Foreign Investment Law (FIL). The FIL replaced the 1988 Foreign Investment Law (1988 FIL). The FIL provides a framework for investing in Myanmar. The Government separately introduced implementing rules(Investment Rules) on 31 January 2013. The Investment Rules provided significant additional detail in relation to the operation of the FIL and the business activities in which foreigners are permitted to engage, the restrictions that apply, application procedures, the use of land, the transfer of shares, foreign currency remittance, and the taking of security on land and buildings and labour relations. The FIL and the Investment Rules are key pieces of legislation underpinning the Government’s efforts to attract foreign investment and kick-start Myanmar’s economy.
Pursuant to the FIL, when doing business in Myanmar, foreign investors can benefit from significant tax exemptions and other benefits. To be eligible, the foreign company will need to apply for a permit from the Myanmar Investment Commission (MIC Permit). Foreign investors operating in certain sectors are obliged to incorporate a business under the FIL.