Coalition provisional authority order number 39 - foreign investment
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    Coalition provisional authority order number 39 - foreign investment



    3) “Foreign investment” means investment by a foreign investor in any kind of asset in
    Iraq, including tangible and intangible property, and related property rights, shares
    and other forms of participation in a business entity, and intellectual property rights
    and technical expertise, except as limited by Section 8 of this Order.

    “Foreign investor” means (a) a business entity constituted or organized under the law
    of a country other than Iraq; (b) a natural person who is (i) a national of a country
    other than Iraq, (ii) a stateless person not residing permanently in Iraq, or (iii) a
    national of Iraq residing permanently outside of Iraq; or (c) a business entity
    constituted or organized by any of the above under the law of Iraq; that is making or
    has made an investment in Iraq.

    Section 4
    Treatment of Foreign Investors

    1) A foreign investor shall be entitled to make foreign investments in Iraq on terms no
    less favorable than those applicable to an Iraqi investor, unless otherwise provided

    2) The amount of foreign participation in newly formed or existing business entities in
    Iraq shall not be limited, unless otherwise expressly provided herein.

    Section 7
    Implementing Foreign Investment

    1) A foreign investor may implement foreign investment using, among other things,
    freely convertible currencies or Iraqi legal tender, in the following forms:

    a) establishing a wholly foreign-owned business entity in Iraq, including as a
    subsidiary of a foreign investor;

    b) establishing a business entity jointly with an Iraqi investor;

    c) establishing a branch office, as set forth in Section 5 herein; and

    d) directly acquiring an investment.

    2) A foreign investor shall be authorized to:

    a) possess, use, and dispose of its investments;
    b) manage or participate in managing a business entity;
    c) transfer its rights and obligations to other persons in accordance with the law;
    d) transfer abroad without delay all funds associated with its foreign investment,
    i) shares or profits and dividends;ii) proceeds from the sale or other disposition of its foreign investment or a
    portion thereof;
    iii) interest, royalty payments, management fees, other fees and payments made
    under a contract; and
    iv) other transfers approved by the Ministry of Trade;
    e) exercise any other authority conferred upon it by law.
    ii) proceeds
    Last edited by RED LILY; 11-27-2012 at 09:27 PM.

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