Hello NeedResearch,
Thank-you for using Google Answers. I have looked into the Technology
Investment Laws for the countries listed and what I found in my
research is below
Chile
=====
In Chile there are almost no retrictions on Foreign Companies
investing in Chile, Foriegn Investment in Chile is Governed by the
Chilean Foriegn Investment Law.
"Chile encourages foreign investment. Foreign investors receive
national treatment, the investment regime is transparent and easy to
navigate, and most sectors are unrestricted for foreigners. However,
some barriers still exist. Foreigners may not invest in coastal trade
or the media and may not invest in fishing unless their country has a
reciprocity arrangement with Chile. According to the Chilean Foreign
Investment Committee's Invest in Chile report, "In companies with more
than 25 employees, foreigners cannot represent more than 15% of the
labor force." The government screens all foreign direct investment on
a pro forma basis, and rejections are rare. There are no restrictions
on foreign investment in telecommunications, but investors must
acquire a license, and the number of licenses available is limited in
some new sectors of the industry. The government has relaxed capital
controls; in April 2001, according to the Economist Intelligence Unit,
it eliminated "the `encaje', or lock-in, which forced foreigners to
deposit a percentage of their total investment with the central bank
as a safeguard against sudden withdrawal." In addition, the central
bank no longer must approve entry of foreign capital into the
country's equity and debt markets. "
http://cf.heritage.org/index/country.cfm?ID=29
A summary of the Foreign Investment Law which Governs Foriegn
Investment in Chile can be found at
http://www.latintrade.com/newsite/content/cprofiles/data-ext.cfm?d=2028&c=6
A Translated version of the full detail of the Foreign Investment Law
can be found at the National Law Center for Inter-American Free Trade
(A subscription Service)
http://www.natlaw.com
http://www.natlaw.com/chile/topical/fi/chfi.htm
An excellent site for Technology Investment in Chile can be found at
http://www.hightechchile.com/
Another good site focusing on General Foreign Investment in Chile is
http://www.foreigninvestment.cl/
In particlular, this page covering the Bilateral Investment Agreements
signed by Chile could be of interest.
http://www.foreigninvestment.cl/Bilateral_Investment/bithome.asp
Other good sites providing information of Investing in Chile are
ProChile
http://www.chileinfo.com/
and
Chile - US Free Trade Agreement Page
http://www.ftainfo.com/
In particular note the following paragraph from this site
"The robust growth in investment can be traced back to 1975 when Chile
enacted its Foreign Investment Law, which serves as the basic legal
framework for investing in Chile. Among the law's key provisions:
foreign investors are treated the same as domestic investors;
performance requirements on foreign investors are not imposed; and
repatriation of profits is not limited."
http://www.chileinfo.com/fta/backgrounders/bgs_foreign-investment.html
A. Search Terms '"Foreign Investment Law" Chile'
B. Search Terms 'Invest in technology Chile'
Brazil
====
Brazil imposes restriction on Foreign Investment in some sectors of
the Brazillian Economy and these are primarily sector where Brazillian
state owned firms operated. Until recently this had included the
Telecommunications sector. This sector has been recently liberalised
and restriction on Foriegn Investment eased.
"Constitutional amendments in 1995 lifted a number of barriers to
foreign investment, including investment in the telecommunications,
mining, oil, and electricity sectors. The government, however,
maintains a significant presence in the latter two sectors; according
to the Economist Intelligence Unit, "80% of generating capacity
remains in state hands." Foreigners are allowed to take part in the
ongoing privatization process, but privatization has been slow and
subject to political opposition. Other substantial barriers remain in
effect; foreigners may not own or run airlines, media, broadcasting,
some real estate, fishing companies, lotteries, or atomic power and
may not take part in the country's alternative energy program. "
http://cf.heritage.org/index/country.cfm?ID=20
A summary of the law which governs Foriegn Investment in Brazil can
be found at
http://www.california.org.mx/Latin%20American%20Markets/South%20America/Brazil_files/Brazil%20Foreign%20Investment%20Law.htm
More Details on the laws governing Foriegn Investment in Brazil can
found from the following pages
Brazillian Embassy, Washington - Legal Guide to Foriegn Investors in
Brazil (132 Pages and very Detailed )
http://www.brasilemb.org/guide_investors.pdf
HSBC Guide to Investment in Brazil
http://www.hsbc.com.br/english/business/international/foreign_conteudo.htm
US Department of Commerce
http://www.usatrade.gov/website/ccg.nsf/CCGurl/CCG-BRAZIL2002-CH-7:-00619F7A
A Survey on Foreign Investment in Brazil which also includes specific
Economic sectors from which Foreign Investment is excluded is listed
below with the relkevant excerpt.
"There are economic activities which, pursuant to constitutional or
legal provisions, are reserved for the government, are closed to
foreign capital, or are open to foreign capital only under certain
conditions. They are:
a) Air transportation and freight agency services. Authorization is
required from the Ministry of Aviation (Law No. 7565 of December 19,
1986 and regulation (portuaria) No. 146 of March 30, 1993).
b) Mineral exploration. Prior authorization is required from the
Ministry of Mines and Energy, in the form of a permit from the
Minister, as well as a document approving the by-laws of the
enterprise and amendments thereto, issued by said Ministry (Decree-Law
No. 227 of February 28, 1967, Articles 8-82).
c) Oil prospecting or refining. It should be pointed out that the
easing of the oil monopoly has already been promulgated by the
National Congress, through Constitutional Amendment No. 9 of November
9, 1995. Legislation setting forth the regulations is still pending.
d) Electricity and hydroelectric power. The purpose of the Law on
Concessions, published on February 13, 1995, was to provide the
government with a legal instrument establishing rules for the
government’s delegation of the provision of public utility services to
third parties. Under this system, the concession holder invests for
his own account and at his own risk, and is compensated through the
collection of rates. Investment in the electrical power sector
(generation, transmission, and distribution) will thus be open to
national and foreign private investors.
e) Agriculture and forestry. Authorization is required from the
Ministry of Agriculture, under the system established by Law No. 5709
of October 7, 1971.
f) Health care. Direct or indirect investment in health care in Brazil
is closed to foreign enterprises or capital, except in the cases
provided for by law, pursuant to Article 199, paragraph 3, of the
Federal Constitution.
g) Highway freight transport. Investment is limited to no more than
1/5 of the capital stock with voting rights. The enterprise must
obligatorily be organized as a joint stock company and its capital
must be represented by registered shares. This limit does not apply to
juridical persons already existing on July 11, 1980, which, however,
in the event of future capital increases through subscriptions, shall
be required to have 4/5 of this increase in ordinary registered shares
subscribed and paid up by national investors.
h) Maritime, river, and lake transport and coastwise shipping.
Authorization is required from the Ministry of Transportation. The
easing of the national government monopoly of these activities was
promulgated by means of Constitutional Amendment No. 7 of August 15,
1995. Legislation setting forth the specific regulations, however, is
still pending.
i) Financial institutions. Authorization is required from the
Department of Financial System Organization (DEORF) of the Central
Bank of Brazil. Direct or indirect investment is subject to the
following limitations:
Commercial banks: up to 30% of the capital with voting rights, if the
operations of Brazilian banks are restricted in the markets where
their main offices are located."
http://alca-ftaa.iadb.org/eng/invest/BRA~1.HTM
A. Search Terms '"Foreign Investment Law" Brazil'
B. Search Terms 'Invest in technology Brazil'
C. Search Terms 'Invest Technology sector Brazil'
Argentina
========
A lot of Information on Argentina is prior to the recent collapse in
the value of the Peso and the economic upheaval that has since
followed. It would not be unexpected that emergency regulations could
be passed in an attempt to stabilise the ecomomy over the next couple
of months and these could potetnial affect the rules gverning Foreign
Investment in Argentina. However Regulation preceding these events do
not provide any significant impediment in foreign investing in
Argentina.
"Argentina maintains few barriers to investment. Foreign investors and
their domestic counterparts receive equal treatment, most local
companies may be wholly owned by foreign investors, and Argentina does
not restrict repatriation. Foreign investment is prohibited only in a
few sectors, including the shipbuilding, fishing, border-area real
estate, and nuclear power-generation industries. "
http://cf.heritage.org/index/country.cfm?ID=4
A summary of Foriegn Investment in Argentina can be found at
http://www.hvra.com.ar/enforinv.htm
A Survey on Foreign Investment in Argentina which also shows that
current legislations provides no restrictions on Foreign Investment
and are treated in the same manner as Argentine investors.
http://alca-ftaa.iadb.org/eng/invest/ARG~1.HTM
Of particular importnace to Technology Investment in Aregentina is the
"Technology Transfer Law" this governs the agreements that provide for
the transfer, assignment or license of technology or trademarks by
foreign-domiciled persons to Argentine-domiciled persons ("License
Agreements").
http://www.latintrade.com/newsite/content/cprofiles/data-ext.cfm?d=1896&c=1
Information on incentives for Foreign Investments
http://www.latintrade.com/newsite/content/cprofiles/data.cfm?d=1893&c=1
A. Search Terms '"Foreign Investment Law" Argentina'
B. Search Terms 'Technology Investment' Argentina
Germany
======
There are no specific restrictions on Foreign Investment in Germany
and it is actively encouraged. The few restrictions are those imposed
by the EU.
"Germany welcomes foreign investment and is one of the few countries
to impose no permanent currency or administrative controls on foreign
investments. Foreign and domestic investors receive equal treatment
and must face the same regulatory hurdles in establishing a business.
The only limit on foreign investment is one dictated by the European
Union—a requirement that majority ownership of airlines and maritime
services must be held by an EU entity. Otherwise, foreigners receive
complete national treatment. "
http://cf.heritage.org/index/country.cfm?ID=54
Latest reports show that there are over 200,000 foreign owned
companies economically active in Germany.
http://www.german-embassy.org.uk/increased_foreign_investment_i.html
The german government has set up several websites dedicated to
encouraging Foreign Imvestment in germany
The Office of the Federal Commissioner for Foreign Investment in
Germany is a federal government department dedicated to encouraging
Foreign Investment.
http://www.foreign-direct-investment.de/
Also usful is this general information site on Foreign Investment in
Germany can be found
http://www.invest-in-germany.com/en/
Particularly useful is the "Infoguide" on the "invest-in-germany" site
where you can enter details of the your planned investment and a
personalised guide is produced matching your enquiry.
A. Search Terms '"Foreign Investment Law" Germany'
B. Search Terms 'Technology Investment' Germany
India
====
India has traditionally been very cautious about opening up its
Ecnonmy to significant direct Foreign investment and only recently
have these restrictions been gradually lifted.
"Despite recent reforms, India's foreign investment regime reflects
the tension between the traditional aversion to foreign investment and
the current recognition of its importance to economic development. As
a result, some sectors have been liberalized while others remain
restricted, each to varying degrees. According to the Economist
Intelligence Unit, "The government revised FDI ceilings in several
sectors during May 2001. It permitted 100% FDI in pharmaceuticals,
airports, suburban development, hotels and tourism, courier service
and mass rapid-transit systems [and] allowed up to 26% FDI in defence
production, an area previously reserved for the public sector….
Automatic clearance for foreign direct investment (FDI) from the
central bank [is now permitted], with the exception of items on the
`negative list'." The government also now allows foreigners to own 74
percent of telecommunications companies. As a result of these reforms,
India's capital flows and foreign investment score is 1 point better
this year. "
http://cf.heritage.org/index/country.cfm?ID=66
An overview of rules governing Foreign Investment in India can be
found at
http://www.indiainfoline.com/lega/foin/ch01.html
Rules governing investment in technology Collaborations can be found
at
http://www.singhania.com/foreign/foreigncollb2.html#4.07%20Technical
The laws governing Foreign Investment in India are quite complex and
involved and it is advisable to seek the assitance of local legal
services before proceeding.
A. Search Terms - "Foreign Investment Technology India"
B. Search Terms '"Foreign Investment Law" India'
If you need clarification please let me know
Thanks for using Google Answers
Best Regards
Indigo Blue |
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