Investment Facilitation Sample Clauses
Investment Facilitation. 1. The Parties agree to the gradual simplification of documentation for investment application and examination procedures.
2. The Parties agree to provide the other Party with investment facilitation, including:
(1) Each Party will provide facilitation to investors of the other Party in obtaining investment information, relevant operating licenses, personnel entry and exit, and business operations and management;
(2) Each Party will facilitate the organizing and holding, by the other Party and its investors, of symposiums, seminars and other activities beneficial to investments.
Investment Facilitation. To enhance the level of investment facilitation, the Mainland agrees, with respect to Hong Kong service suppliers investing in the Mainland in sectors of trade in services as liberalised for Hong Kong under this Agreement, to adopt filing administration, in lieu of prior approval, of contracts and articles of association for establishment and change of enterprises. After filing, the related procedures will be processed in accordance with the relevant regulations of the Mainland. This Article does not apply to the following two situations:-
(i) The reserved restrictive measures under Article 9 of Chapter 4 and the establishment and change of a company in the telecommunications or cultural services sectors or of a financial institution will be processed in accordance with the provisions of the prevailing foreign investments laws and regulations and related regulations; or
(ii) The establishment and change of commercial presence other than in the form of a company will be processed in accordance with the relevant prevailing regulations.
Investment Facilitation.
1. State Parties shall, subject to their respective laws and regulations, facilitate investments that contribute to sustainable development.
2. State Parties shall, subject to their respective laws and regulations, facilitate the granting of visas and permits to foreign workers, employees and consultants as designated by the investor.
3. State Parties are encouraged to streamline investment administration procedures and requirements, establish mechanisms for business entry facilitation including setting up One Stop Shops, aftercare services and digitalisation of business facilitation procedures.
4. State Parties are encouraged to establish a framework for cooperation and coordination between relevant and competent national regulatory authorities with a view to facilitating investment flows.
5. State Parties may cooperate on policies and other related issues that encourage and facilitate the use of “special purpose vehicles” to increase the participation of the private sector in development programmes of State Parties.
6. State Parties are encouraged to cooperate in the provision of aftercare services for cross border investments to encourage retention and expansion of investment in the continent.
Investment Facilitation. Similar to the investment promotion provisions in most ASEAN-plus dialogue partners’ FTAs, investment facilitation provisions in the discussed agreements also impose a duty to cooperate without any strong and binding obligations. Investment facilitation measures will have more impact if they make it easier for foreign investors to invest and conduct their day-to-day operations in host states. UNCTAD suggests states enhance transparency, efficiency, predictability, and consistency in their investment policy frameworks so foreign investors can feel the immediate impacts. This could be done more effectively at the national level by each host state (UNCTAD, 2016, pp. 117–118). Another successful investment facilitation initiative is Korea’s Office of the Foreign Investment Ombudsman, which provides assistance in resolving diffi- culties companies face both in business management and in daily life. The office has specialists in various fields, such as labour, taxation, finance, and construc- tion, who assist foreign investors in resolving their grievances while investing in the country. If the RCEP could push all negotiating states to create such a kind of office, it would greatly facilitate investment. A senior management and board of directors (SMBoD) provision can also strengthen the investment facilitation pillar in an IIA. This provision is critical because foreign investors may need to place their senior management team (for- eigners) who understands their business operations, in host states. On the other hand, host states often want to increase the spillover effects from foreign invest- ments by requiring investors to employ domestic workers and, at the same time, to retain control over their immigration policies (UNCTAD, 2012).
Investment Facilitation. 1. To enhance the level of investment facilitation, the Mainland agrees, with respect to Hong Kong service suppliers investing in the Mainland in sectors of trade in services as liberalised for Hong Kong under this Agreement, to adopt filing administration, in lieu of prior approval, of contracts and articles of association for establishment and change of enterprises. After filing, the related procedures will be processed in accordance with the relevant regulations of the Mainland. This Article does not apply to the following two situations:-
(i) The reserved restrictive measures under Article 9 of Chapter 4 and the establishment and change of a financial institution will be processed in accordance with the provisions of the prevailing foreign investments laws and regulations and related regulations; or
(ii) The establishment and change of commercial presence other than in the form of a company will be processed in accordance with the relevant prevailing regulations.
2. The Mainland may adjust the above arrangements in accordance with the law to further enhance the level of investment facilitation for Hong Kong service suppliers.
Investment Facilitation. To enhance the standard of investment facilitation, the Mainland agrees that, with respect to Macao service suppliers investing in Guangdong Province in sectors of trade in services as liberalized for Macao under this Agreement, except for those encouraged projects and restricted projects that require majority shareholding of the Mainland (including relative controlling shareholding) under the Catalogue for the Guidance of Industries for Foreign Investment which shall be subject to approval, the other investment projects together with the Mainland investment projects will be dealt with according to the same authority and procedures, and agrees to conduct filing administration for establishing enterprises, change of contracts, as well as approval of article of associations. The related procedures for the completed filing will be processed in accordance with the relevant regulations in the Mainland. The following two situations are excepted:- The reserved restrictive measures under Article 8 of Chapter 4 and the establishment and change of a company or a financial authority in the telecommunications or cultural services sector will be processed in accordance with the provisions of the existing foreign investments laws and regulations and related regulations; The establishment and change of commercial presence other than in the form of a company will be processed in accordance with the relevant existing regulations.
Investment Facilitation. To enhance the level of investment facilitation, the Mainland agrees that, with respect to Hong Kong service suppliers investing in Guangdong Province in sectors of trade in services as liberalised for Hong Kong under this Agreement, except for those encouraged projects and restricted projects that require majority shareholding by Mainland shareholders (including relative controlling shareholding) under the Catalogue for the Guidance of Industries for Foreign Investment and that are subject to approval, the other investment projects will be dealt with according to the same authority and procedures as applicable to the Mainland investment projects, and agrees to adopt filing administration, in lieu of prior approval, of contracts and articles of association for establishment and change of enterprises. After filing, the related procedures will be processed in accordance with the relevant regulations of the Mainland. This Article does not apply to the following two situations:-
(i) The reserved restrictive measures under Article 8 of Chapter 4 and the establishment and change of a company in the telecommunications or cultural services sector or of a financial institution will be processed in accordance with the provisions of the prevailing foreign investments laws and regulations and related regulations; or
(ii) The establishment and change of commercial presence other than in the form of a company will be processed in accordance with the relevant prevailing regulations.
Investment Facilitation. 1. The Parties have to maintain accessibility and transparency in the formulation of investment policies and regulations and procedures relevant to Investors. The Parties establish monitoring and review of mechanisms for investment policies.
2. The Parties have to provide predictability and consistency in the application of investment policies, stability of investment environments, security of property and protection of investments.