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Showing posts with label BUSINESS. Show all posts
Showing posts with label BUSINESS. Show all posts
Tuesday, March 3, 2015

Thailand or Myanmar: Whither flows the capital?

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At present, military control in Thailand has given investors a false sense of stability. If Myanmar and Thailand’s politics continue on their current trajectories, foreign investment may shift from Thailand to Myanmar.









At present, military control in Thailand has given investors a false sense of stability. If Myanmar and Thailand’s politics continue on their current trajectories, foreign investment may shift from Thailand to Myanmar.
 A reversal of geopolitical fortunes means that Myanmar may soon eclipse neighbouring Thailand as a preferred investment destination. If Thailand fails to mend societal woes and if Myanmar continues its political and economic reforms, then foreign investors will begin to redirect their capital away from Bangkok towards Yangon. Critical to these two countries’ prospects will be Thailand’s new constitution and Myanmar’s general elections, either of which could accelerate, slow, or reverse this trend.
Opposite direction
The political trajectories of Myanmar and Thailand are heading in opposite directions. Over the last decade, Thai politics have become increasingly turbulent. The situation is so dire that political headway now appears to require shutting down the country’s cities with red- or yellow-shirted protests. The army, which regularly enters into internal politics to reestablish order, is another variable in an already chaotic system. The recent impeachment of Yingluck Shinawatra by a military government exemplified the failings of civilian politics in Thailand.
In Myanmar, on the other hand, positive political transformation continues. Although authoritarian tendencies have not disappeared entirely, a substantive dispersion of political power has occurred within Myanmar’s government. Shwe Mann’s dynamic parliament now competes with Thein Sein’s executive branch. These political checks and balances occur in the midst of increasingly lively political discourse stemming from a growing civil society and an ever more entrepreneurial private sector.
Myanmar’s political makeover has yielded economic benefits. The amount of foreign investment has increased, and just as importantly, this new investment originates from a more diverse set of countries. Although capital inflows are limited by infrastructural deficiencies, progress in some sectors has truly been transformational. In telecommunications, for instance, Myanmar’s mobile penetration rate is skyrocketing, and foreign firms such as Ooredoo and Telenor are competing for the expanding market.
Thailand, despite suffering from an ineffective civilian government, does not appear to have witnessed a dramatic decrease in foreign investment. At present, military control has given investors a false sense of stability. After all, the army ensures that political blockages don’t shut down the economy. That being said, coups do not heal the societal divisions that are the underlying cause of Thailand’s volatility.
Switching places?
If these two countries’ politics continue on their current trajectories, foreign investment will shift from Thailand to Myanmar. Myanmar will become an attractive investment destination as it develops politically, economically, and socially. Thailand, on the other hand, will repel investors by failing to resolve its internal divides. Of course, such a reversal of fortunes depends very much on the outcomes of political processes that are currently underway in each of these countries.
In Thailand, the military government is in the process of drafting a constitution that could be implemented as early as August. Commentators speculate that the final document will include measures that weaken civilian democratic institutions and enshrine the role of the military as an ultimate arbiter. If so, this would deal a serious blow to any prospects of reconciliation between the red shirts and yellow shirts, the two social movements that respectively adore and abhor the exiled former Prime Minister, Thaksin Shinawatra. It can be argued from an economic perspective, though, that this will not necessarily discourage investment.
What certainly would cause investors to flee, however, is if red shirts feel so persecuted that they resort to armed insurrection. At first glance, this scenario seems unlikely. But it actually might not be so outlandish. The forced removal of Thaksin is still a source of anger for his supporters, and the impeachment of his sister feels like a further slap in the face. A new constitution that weakens majority rule could be the final straw. In a country with rampant gun violence, organised crime, drug trafficking, and corruption, not to mention an ongoing insurgency in the south, armed conflict between red shirts and yellow shirts could escalate to a level that would be unpalatable for foreigners. Resultant capital outflows and decreasing tourism would spread financial hardship, further exacerbating societal tensions.
Myanmar, like Thailand, is also undergoing an important political process this year. It is preparing for its much awaited 2015 general elections, which will be held in late 2015 and will determine if the erstwhile pariah state’s political transformation is genuine. It is widely expected that the National League for Democracy (NLD) will perform well, increasing its number of seats and possibly replacing the Union Solidarity and Development Party (USDP) as the majority party in parliament. In either case, diversity within Myanmar’s political establishment will reach unprecedented levels. As different political parties vie for influence, meaningful debate will ensue and politicians will need to become more aware and responsive to their constituents’ views.
Myanmar’s political maturation, if accompanied by well-managed economic liberalisation, could lead to further growth and increase the country’s attractiveness to foreign investors. Of critical importance for attracting capital is the development of infrastructure, such as power supply and banking services. Also necessary are legal frameworks to discourage crony capitalism, and education programs to cultivate human capital. If these requirements are met by responsible economic planners, Myanmar could become quite the attractive investment destination.
Perhaps not
The scenarios described above might very well never happen. In Myanmar, the election could be postponed, the fairness of the voting process could be questioned, or the majority party could exercise unrepentant tyranny. In Thailand, it is possible that the new constitution will be introduced without causing much tumult; Thais should be used to constitutional impermanence after the last century anyway, right?
Thailand may overcome its societal rifts and continue enjoying its status as an attractive Southeast Asian market. Myanmar, in turn, may disrupt the fragile progress it has made in recent years and revert to being an economic recluse. Then again, an upset might be in the works. Either way, 2015 will be an important year to see which of these two countries rises as an attractive foreign investment destination, and also to see which one falls.

 http://www.dealstreetasia.com/stories/thailand-myanmar-whither-flows-capital-3521/
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Thursday, October 3, 2013

Major Ports

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The country possesses abundant water resources - more than 5,000 km of rivers that are navigable, and more than 2,000 km of coastlinealong the Indian Ocean. It has an excellent strategic location on the doorstep between the major markets of India and China, and is a natural land bridge between the Middle East and Southeast Asia to capitalize on regional trade. The ports have always been gateways to domestic and international trade and lifelines to the outside world for communications and commerce. Coveted and fought overby adventurers, kings and empires, the key ports in Myanmar have changed hands multiple times through the ages. Today, as Myanmar seeks to open up and compete once again on the global stage, the ports are critical – playing a central role to propel the country forward.
Spreading across the whole coastline, there are currently nine ports that serve coastal and seaborne trade.Yangon is the traditional major port city for the country.

Teak logs for export at Yangon port. | Source: Kaung Htet / The Myanmar Times
Doorways to global commerce, the ports are needed to support massive volumes of international import/export, as well as domestic cargo volume every day as the country develops. The ports also house the cruise terminals to support the growing regional cruise tourism industry, and bring about the new industrial zone locations.

Manufacturing and processing industries are situated close to the ports to ship finished products to international and domestic markets, and transport raw materials inbound at lower costs. Hence, major new special economic zones (SEZs) are emerging alongside the ports to serve as new development nodes and to attract large-scale investment from overseas.
Many people still feel the best way to visit the country is to arrive via the river on a cruise ship. However you choose to travel, the ports are must-see places for business travelers to witness first-hand and get a feel for the extraordinary change-in-motion. The ports are also exotic attractions for leisure tourists to experience history, and thelively scenes of daily river and coastal life. Here are some of the most exciting options for port adventurers and seafaring peoples of the world!

THANLYIN (SYRIAM) – ANCIENT PORT TOWN

This ancient port town, less than a half hour’s drive from downtown Yangon, is a great place to begin. Thanlyin was the ancient capital of the Mon Kings from the 14th to 16th centuries, and was one of Myanmar’s main ports. It receded from prominence when Yangon port took on much of its role from 1755, but Thanlyin still remains a town of much importance to Yangon, and to Myanmar. It lies just 10 km away from Yangon at the confluence of the mighty Bago (Pegu) and Yangon Rivers. You will cross the almost one kilometer wide Bago River using one of the longest bridges in Myanmar, the Thanlyin Bridge, to reach the port towns of Thanlyin and Thilawa.

Thanlyin | Source: myanmartravel.cc
Thanylin is a fascinating town with its diverse history, unique river scenery and city views. Much of the colonial era architecture remains, an elegant reminder of the town’s early days as a refinery port. The British developed areas to service the Burma Oil Company, including houses for employees. Thanlyin’s earlier Portuguese history is also apparent. Philip de Brito, adventurer and notorious occupier of Thanlyin in the late 1500s has left his mark. The ruins of a church, built in the 1700s, houses the tombstones of Portuguese missionaries.

The Kyaik Kauk Pagoda, on the way to nearby Kyauk Tan, is a popular destination, as is the remarkable Kyauk Tan Yaylel Pagoda. Its name translates to ‘in the middle of the water’ and for obvious reason. Boats ferry visitors to the pagoda, which sits mid-stream. Catfish swim alongside the boats, looking for food from the passengers.

YANGON PORT – HEART OF BURMA / MYANMAR'S MAIN PORT

The Yangon Port, which is located right next to the downtown on the banks of the Yangon River, has been the main port handling Myanmar’s shipping cargo since colonial times.

Yangon River | Source: Colegota
In ancient times, the Yangon Port was a small fishing village. The British seized the Port during the First Anglo-Burmese War from 1824 to 1826 but handed it back to Burma after the war. A fire then destroyed the Port in 1841. In 1852, during the next Anglo-Burmese War, the Port was again taken over by the British, along with all of the south of the country. Under the British, the Yangon Port was developed into the commercial hub for the country as a whole. By the late 1800s, the Port had a fast-growing population, and was growing very prosperous. Yangon city was built around the Port ondelta land, and the city was made the capital of British Burma. The Japanese occupied the Port during World War II, and after Burma gained independence in 1948, it was infused with more local character.
Yangon has been disadvantaged because it has not had deep-water access close to the city, hence it was unable to accommodate more modern deep-sea vessels, including large passenger cruise ships. Larger vessels entering at Yangon Port have had to be piloted to negotiate sand bars between the mouth of the river and downtown, and ships can cross only at high tide. As a result, the Yangon port could accommodate only relatively small ships, and it can take as many as two days for a ship to navigate the journey from the sea, up the river channel and across the sandbars to reach port.
The Port is in the process of being upgraded and redeveloped into a modern harbor to be completed in 2015. Feasibility studies are also underway to assess how to further improve the Yangon River Channel to improve accessibility and reduce logistics costs. A business and cultural hub, in the near future the port will includeshoppingnightliferestaurants, and hotels as well as commercial port terminals and warehouses. With a regional cruise industry developing quickly, the port has exciting tourism potential.
Yangon port is now a vibrant blend of local culture and a colonial past - a bustling working port with colonial-era buildings, and a distinctive backdrop of Shwedagon Pagoda. Tiny traditional fishing boats and modern container ships share the river and its banks. It's a busy marketplace for local traders, with local porters unloadingrice and spices from vessels along the shore, and traders conducting their business aboard the ferries on the river itself.
The Strand Road runs the length of the port area alongside the downtown area. It borders Yangon’s China Town, and features some distinctive landmarks including the old Strand Hotel and theBotataung PagodaForeign embassies and the Ministry of Trade building are also found here, along with other important government buildings.

THILAWA – MOUTH OF THE YANGON RIVER

If you are taking a cruise in Myanmar (Burma), chances are that your ship will dock at Thilawa Port! Yangon has a second port at Thilawa, located 16 km south of Yangon Port nearer to the Andaman Sea at the mouth of Yangon River, for larger vessels unable to berth in the heart of the city. It was built in the mid '90s, and is about one-hour's drive from the Yangon city center. Taxis should be ready waiting for you at the port entrance, and there is normally a shuttle bus that takes about one hour to reach the city from the port that’s free of charge.

Thilawa shipyard | Source: camce.com.cn
In addition to cruise ships, a great deal of the country’s imports and exports go through Thilawa Port. Thilawa is also the location of one of Myanmar’s most important new mega-projects, Thilawa Special Economic Zone. Thilawa Special Economic Zone (SEZ) is a vast industrial zone and new port about to be developed. The zone is just 25 kilometers south of downtown Yangon, adjacent to the existing Thilawa Port on the east bank of the Yangon River. The 2,400-hectare (6,000-acre) site will incorporate the existing port facility at Thilawa and a new industrial zone, container yards and port.
Japan is focusing a large proportion of its financial interests and technical expertise on the Thilawa project. In November 2012, it pledged a fresh US$615 million in loans to Myanmar, with "a significant portion" earmarked for the Thilawa project. As well as financial backing, Japan will share environmentally friendly technology to develop a "Smart City," supported by cutting edge infrastructure. This massive infrastructure development is expected to have an enormous positive impact on the country’s overall economic growth, improving employment opportunities and helping to increase connectivity across the region. The project is expected to be completed and operational in 2015.

DAWEI – DEEP-SEA ACCESS / NEW DESTINATION IN SOUTH

Dawei is a city in southeastern Myanmar, located at Tavoy on the coast of the Andaman Sea and the Indian Ocean, approximately 610 km south of Yangon and 350 km west of Bangkok, Thailand. Dawei is also the name of the ethnic nationality in Myanmar that lives there. Dawei become connected to the rest of Myanmar by railways and roads only recently, but is now the location of a new deep-sea port and special economic zone.

Dawei Sea Port | Source: aurecon
The 250-km square (61,775-acre) development at Dawei is expected to cost about US$58 billion and to include a deep-sea port, a heavy industrial park, power plants, and tourism facilities. Japan is supporting the project, but its major focus is Thilawa, mentioned above. Thailand has a tremendous interest in the development, as Dawei will give Thailand more direct access to international trade routes and markets in India, Europe and Africa, bypassing the Malacca Strait. It will also become a source of power generation for Thailand. An 8-lane highway and railway will connect Dawei and Bangkok, and a railway to Kunming in China is also planned.
Dawei’s Maungmagan Beach, a well known and popular beach destination used to be a key beach getaway spot for the British during colonial times. The fisheries industry is the main economic activity there. There are also several hot springs on the outskirts of Dawei, and the largest reclining Buddha in Myanmar is about 30 minutes from Dawei.

KYAUKPHYU – BAY OF BENGAL ENTRYWAY

A third major new port project is located at Kyaukphyu, in Rakhine State, off the coast of the Bay of Bengal. Kyaukphyu is located on a tremendous natural harbor that traditionally connected Calcutta and Yangon for rice trade. The US$109 billion project underway there will cover approximately 120 sq. kilometers and will include a deep-sea port, oil wharves, road transport terminals, residential and recreation areas.

SHWE Field Development Jetty Project | Source: HSL
As part of the project, the airport on Yanbye (Ramree) Island will be expanded and upgraded. Still in the design phase, the zone will incorporate the current Shwe Gas and China-Myanmar Corridor Projects, under construction to supply China with natural gas via overland pipeline across Myanmar. An 800-km railway and highway from Kyaukphyu to Muse, China, will connect China to the Bay of Bengal.
The deep-sea port is under construction on Maday Island, east of Kyaukphyu. The port will berth 300,000-ton oil tankers and become an important link for China to petroleum from the Middle East and other international markets. Although China will receive many benefits from the development, the advantages to Myanmar in terms of economic growth, employment and improved infrastructure will also be significant.
Kyaukpyu Viewpoint (known as “Point”) is a popular spot for tourists and young local lovers. It includes a beach and a sightseeing tower that looks out into the Bay of Bengal and the mouth of the Thanzit (Kyaukpyu) River. http://www.myanmarburma.com/article/807/major-ports#mainContainer
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Myanmar: A Legal Overview

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As Myanmar (Burma) opens up to foreign investment, its tax and legal systems are undergoing changes at a rapid pace. The Government is making reforms in a number of key areas including taxation, foreign investment law, foreign exchange controls, labor law, trade dispute resolution and in areas such astelecommunications, agriculture and microfinance.

Myanmar’s legal system is complex and reliant on some very old statutes. It is based on a combination of
  • Colonial period laws (pre 1948)
  • Parliamentary laws (1948 – 1962)
  • Revolutionary Council laws (1962 – 1974)
  • People’s Assembly laws (1974 – 1988)
  • State Law and Order Restoration Council / State Peace and Development Council laws (1988 – 2011)
In addition to statute law, the courts of Myanmar (Burma) continue to apply common law principles dating from the British colonial period. In 1988, the Myanmar government implemented a market economy policy in order to attract foreign investment and revitalize the domestic private sector. It was in this context that the Union of Myanmar Foreign Investment Law of 1988 (the “MFIL”) was enacted, and the Procedures relating to the Union of Myanmar Foreign Investment Law of 1988 were introduced to ameliorate foreign investment conditions. Until recently, foreign investment opportunities were limited. Since the regime change in March 2011, however, the new government has been pro-actively promulgating an open-door policy to foreign investment.
On 2 November 2012, Myanmar’s President Thein Sein signed into law the highly anticipated new framework for investments in the Union of Myanmar. Referred to simply as the Foreign Investment Law (the “FIL”), the new legislation supersedes the MFIL.
The FIL is a law allowing foreign investors special benefits. In general, registration under the FIL is optional, except in the following cases:
  • Investments that fall under the State-Owned Enterprise law of 1989
  • Infrastructure projects
  • Manufacturing
Investments approved under the MFIL will also be deemed as approved under the FIL. Laws intended to promote foreign investment in special economic zones have been enacted. The Special Economic Zone Law of 2011 (the “SEZL”) and the Dawei Special Economic Zone Law of 2011 enable foreign investors to undertake a range of business activities in designated “Special Economic Zones” and also offer various tax reliefs and exemptions to eligible investors. The Myanmar Investment Commission (the “MIC”) is the governmental agency, which administers the FIL and coordinates with various ministries and organizations to facilitate foreign investment in Myanmar (Burma). It is also responsible for reviewing foreign investment proposals.
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Setting up a Business in Myanmar

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Commonly Used Business Forms

The following common entities are recognized and available forforeign investment/ trade in Myanmar (Burma):

AN ENTITY WITH 100% FOREIGN EQUITY

A foreign investor may:
  • Incorporate in Myanmar (Burma) a 100% foreign-owned company;
  • Establish and operate as a registered branch of a company incorporated outside of Myanmar (Burma);
  • If an individual, establish and operate as a sole proprietor The FIL generally allows 100% foreign ownership of investments in such economic activities as may be prescribed by the government.
As with the MFIL, the list of economic activities will be guided by the principles of job creation, export promotion, local development, application of high technology and large investments, among others. The FIL includes a number of new key activities, including those relating to “import substitution” and the “development of a modern industry”.
The FIL provides that the following sectors may be subject to limitations on foreign ownership:
  • Matters that can affect public health, natural resources and the environment;
  • Activities related to manufacturing and services reserved for Myanmar citizens which will be specified in the Foreign Investment Rules to be issued by the Ministry of National Planning and Economic Development (the “Rules”);
  • Matters that involve agriculture, livestock farming or fisheries as will also be specified in Rules.
The exact limitations on these sectors, if any, will be set by rules promulgated within 90 days of the passage of the FIL. The rules will be made by the Ministry of National Planning with the approval of the Myanmar government. At the time of this writing, the rules have not yet been issued. We recommend that you keep in touch with DFDL for updates.

JOINT VENTURE

A foreign investor may:
  • Incorporate in Myanmar a joint venture company
  • Establish and operate under a contractual/unincorporated joint venture (i.e. a partnership)
Proposed joint ventures will need to be approved by the MIC under the FIL. The old provision under the MFIL requiring a foreign party to a joint venture to contribute at least 35% of the joint ventures equity has been abrogated. Instead, the FIL provides that minimum foreign investment requirements will be set by the rules mentioned above.

AGENCY OR DISTRIBUTION ARRANGEMENTS

A foreign entity may:
  • Appoint a business representative/enter into an agency arrangement with a Myanmar citizen or 100% Myanmar owned company
  • Sell to or buy from a Myanmar citizen/company

    Main Legal Formalities for Formation of a Company or Registration of a Branch

    THE MIC PERMIT

    A Foreign Company wishing to register under the FIL must submit a proposal in the prescribed form to the MIC. The MIC evaluates the foreign investment proposal and issues a MIC permit which stipulates certain terms and conditions.
    For large scale projects, serious thought should be given to investing under the FIL which provides significant tax and other incentives. However, such investments must comply with a rigorous set of criteria and may be subject to significant conditions. For smaller investments, or the foreign investor who does not wish to go through the FIL procedures, a company may be formed under the Myanmar Companies Act and Regulations (the “Companies Act”) without securing a permit under the FIL and the investor may proceed directly to its application for a Permit to Trade.

    THE PERMIT TO TRADE

    Under the Companies Act, all foreign companies seeking to do business in Myanmar (even if the project it will be conducting is already approved under the FIL and has been issued a permit by the MIC) must obtain a ‘Permit to Trade’ (a “Trade Permit”) from the Ministry of National Planning and Economic Development prior to commencing business in Myanmar (Burma). A “Foreign Company” includes companies incorporated in Myanmar (Burma) which have at least one shareholder who is not a Myanmar citizen, but does not include a company in which the Government or a State-owned economic enterprise is a shareholder.
    Currently, the application for a Permit to Trade is submitted, along with the application for incorporation of the Foreign Company, to the Registrar of the Companies Registration Office. Where an FIL Permit is being applied for, the Permit to Trade application and company incorporation steps are to be followed only after issuance of the FIL Permit.
    A Permit to Trade is valid for three years from the date of issue and is renewable. There are no express prohibitions against the setting up of foreign-owned trading companies in Myanmar (Burma). However, at present, no Permits to Trade for trading companies are being issued. This situation has evolved as a matter of practice, not of law.

    CAPITAL REQUIREMENTS

    Every Foreign Company granted a permit is required to bring into Myanmar (Burma) in foreign currency “Issued and Paid Up Capital” (“Capital”) in the amount prescribed by the Capital Structure Committee of the Ministry of National Planning and Economic Development.
    The FIL provides that the minimum investment of a foreigner is to be determined by the rules mentioned above. The minimum Capital for investments outside the scope of the FIL for companies under the Companies Act is:
    • USD 150,000 for an industrial company
    • USD 50,000 for a services company
    For company formation, at least 50% of the Capital must be deposited in a bank in Myanmar after the preconditions to issuance have been notified and prior to the issuance of the Permit to Trade. The balance of the Capital must be brought into Myanmar within the specified period; generally one to three years.

    REQUIREMENTS FOR FOREIGN INVESTORS

    A Foreign Company incorporated in Myanmar (Burma) must:
    • Appoint an external auditor soon after incorporation;
    • Hold its first annual general meeting within 18 months of incorporation;
    • File an annual return with the Office of the Registrar of Companies Registration within 21 days of the company’s annual general meeting, which is to include:
      • a list of members and directors;
      • details of the capital structure of the company;
      • details of any mortgages over the company’s property;
      • a certificate to the effect that the company has not issued any invitation to the public to subscribe for shares;
    • Keep proper books of account and statutory records (such as a register of members, shareholders, share transfers, directors, mortgages, charges, etc.);
    • Present the company’s audited financial statements (in the prescribed form) for each accounting period to the members at the company’s annual general meeting.

      CURRENCY/MONETARY RESTRICTIONS

      The Myanmar currency is known as ‘Kyats’ and is denominated as ‘K’ or MMK. The Central Bank of Myanmar (the “CBM”) has floated the Kyats from 1 April 2012 and the average exchange rate is approximately MMK 850 to the United States Dollar. Prior to 1 April 2012, Myanmar had a two-tiered exchange rate regime involving an “official rate” and a “market rate”.

      ACCOUNTING/FINANCIAL REPORTING FOR COMPANIES AND BRANCHES OF FOREIGN COMPANIES IN MYANMAR

      Financial Statements
      Financial statements must be prepared in accordance with Myanmar Accounting Standards (“MAS”). The MAS are based on the International Financial Reporting Standards and International Accounting Standards issued by the International Accounting Standards Board.
      Audit Requirements
      A corporate taxpayer is required to submit its audited financial statements together with its annual tax return. For the purpose of tax returns, the financial statements of companies must be audited by a Certified Public Accountant licensed by the Myanmar Accountancy Council.
      Financial Year-end
      The tax assessment year is from 1 April to 31 March and cannot be varied. This is mandatory even for branches of foreign companies that may have a different financial year-end.
      Reporting Currency
      The statutory reporting currency is in MMK.

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Foreign Investment Law

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Under the FIL, the MIC may provide tax exemptions or reliefs from among the following list of exemptions/reliefs:

  • From the year of starting production or service activities including the starting years up to continuous five years of tax exemption, and if beneficial for the state depending on the progress of investment activities, additional tax exemption/relief for a suitable period;
  • If the FIL entity reinvests profit from its business or part of its reserve funds within one year, the tax exemption/relief may be extended to income from such reinvested profit or reserve funds;
  • A right to accelerate the depreciation rate for the machinery, equipment, building or other working capital and to claim the same as a deductible expense;
  • If the products of any production work are exported, then the tax exemption shall be allowed on up to 50% of the profit of the said exports;
  • Foreign employees have the right to declare personal income tax at the same rate as Myanmar (Burma) citizens;
  • Expenses for research and development may be deducted from income;
  • A right to carry forward and set-off a loss up to three consecutive years from the year the loss is sustained if the loss is sustained within two years of exemption or relief from income tax becoming applicable;
  • A right to exemption/relief of duty, other internal tax or both on importedraw materials for three years after establishment;
  • A right to exemption or relief from duty, other internal tax or both on the imported machinery, equipment, tools machinery parts and accessories necessary for the expanded work with the approval of commission;
  • Exemption and relief of commercial tax on the products manufactured for export.

    OBLIGATIONS AND RIGHTS OF INVESTORS

    The FIL provides for various obligations and rights of investors. Rights include the ability to transfer or sell shares, to apply for expansion of the primary investment activities or the revision of the relevant project. Investors are also entitled to lawful settlement of grievances, possible additional benefits for the use of advanced technology, enhanced production, environmental protection and/or investment in difficult areas of the country.

    LABOR

    For skilled positions and technicians, the FIL provides an obligation for the enterprise to increase the use of local Myanmar staff over time. The investor is required to achieve the following targets:
    • At least 25% of its workforce to be Myanmar nationals during the first two years
    • At least 50% during the second two years
    • At least 75% during the third two years
    For unskilled positions, the investor is required to employ onlyMyanmar citizens from the time the enterprise commences operations.

    LAND USE RIGHTS

    Land use rights of investors have been enhanced under the FIL. Foreign investors will have the ability to lease land for 50 years initially, increased from 30 years under the MFIL. The lease can thereafter be extended for two additional ten-year terms as opposed to the two 15-year extensions that were available under the MFIL.
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Special Economic Zone

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The SEZ includes high-tech industrial zones, information and telecommunications technology zones, export processing zones, port area zones, logistics and transportation zones, scientific and technological research and development zones, service business zones, sub-trading zones and zones prescribed by the Government from time to time.

Activities in the SEZ may include investments in:
Production based businesses such as goods processing businesses, hi-tech production businesses, industries, agriculture, livestock breeding and fisheries, mineral produce businesses and forestry produce businesses;
Service businesses such as trading, logistics and transportation, storage,hotel and tourism, education and health, residential quarters, infrastructure supply and support centers, green areas which conserve and protect the natural environment, recreation and resort centers;
Infrastructure construction businesses such as roads, bridges, airports, ports, electricity, communication and water supply, environment conservation and protection and waste control;
Other businesses determined by the Central Body of the SEZL with the approval of the Government.

Investors who invest and operate in the SEZ may apply for the following exemptions and incentives:
An income tax exemption on the proceeds of overseas sales for the first 5-year period from the day of commencement of the production or service;
Fifty percent relief on the income tax rate for the second 5-year period on the proceeds of overseas sales;
After the expiry of the exemptions and relief for the first two 5-year periods, if exemptions and/or relief are not permitted again under the SEZL, the entity shall be subject to the income tax rate stipulated underexisting law. However, 50% relief on the income tax rate stipulated under existing law may be applied for on a third 5-year period, if the profit obtained from export sales is re-invested;
After the expiry of the tax exemptions and relief period for goods processing businesses invested and operated in SEZ, income tax relief for that year may be applied for if the value of the export is:
Greater than 50% of the total value of products in *large scale investment business;
Greater than 60% of the total value of products in *medium scale investment business;
Greater than 70% of the total value of products in *small scale investment business;
An exemption from Commercial Tax on exported items produced in theSEZ;
An exemption from customs duty and other fees applicable to the importation of raw materials and machinery and equipment for export orientated processing enterprises established in the SEZ;
Exemptions from customs duty and other fees for the first 5-year period from commencement of operations, and 50% relief for the next 5-year period, on the importation of machinery and motor vehicles, subject to stipulations, to be used in an investment enterprise.

* Large, Medium and Small are not defined in the SEZL.

For more insight into the workings of the Burmese economy and political climate - be sure to check out our section on Business in Myanmar (Burma).

This article has been prepared by DFDL exclusively for www.MyanmarBurma.com. The information provided in this article is based on our understanding of publicly known Myanmar laws, regulations and official practices as of 21 November 2012 and may be affected by laws that are subsequently adopted by Myanmar Parliament or notifications that are adopted by various ministries. There may also be instances where the unofficial practices applied by the Myanmar Government authorities (including the tax authorities) are not in accordance with or even contradictory to Myanmar law. More importantly, as the decisions of the courts and tax authorities are not made publicly available, it is possible that the tax authorities or the courts will adopt an interpretation of Myanmar laws which is not in accordance with our interpretation.

Further, this article is for information purposes only and is not, and is not intended to be or constitute legal, financial, technical, insurance or tax advice or DFDL’s opinion on any matter, subject or thing and should not form the basis for any decision to enter into, nor is it intended to be a recommendation or similar by DFDL in respect of or under or in connection with, any transaction in Myanmar.

This information has been provided by DFDL. For more information regarding DFDL and services click here.

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Taxation

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There are several classes of taxes under laws of Myanmar (Burma): income tax, commercial tax, profit tax, lottery tax, and stamp duties. These are administered mainly by the Internal Revenue Department under the Ministry of Finance and Revenue.

Tax returns must be filed with the Internal Revenue Department before June 30 each year following the income year. For a business being discontinued, the return must be filed within one month from the date of business cessation. Tax returns for capital gains must be filed within one month of the disposal of the relevant capital asset.

If a foreigner is defined as a non-resident foreigner (i.e. resides in Myanmar less than 183 days in a given year), the foreigner pays tax only on income earned in Myanmar (Burma). The basic tax rate is 35 percent of the total income. If the income is earned in foreign currency (regardless of where paid), the income tax shall be paid in such foreign currency. If, however, the income tax calculated at the relevant rates on the progressive scale of five to forty percent for income earned under the headings “profession, business, property, income from undisclosed source and income from other sources” exceeds the tax calculated at 35 percent, then the tax based on the progressive scale must be paid. Therefore, the tax rate is a flat 35 percent or on a progressive scale of five to forty percent, whichever is higher. Foreign company branches registered in Myanmar (Burma) are deemed non-resident foreigners for tax purposes and are taxed under this higher tax rate basis.

Myanmar (Burma) has double taxation agreements with the United Kingdom, Malaysia, Singapore, Vietnam, Thailand, the Republic of Korea, and Indonesia.

For more insight into the workings of the Burmese economy and political climate - be sure to check out our section on Business in Myanmar (Burma).

This article has been prepared by DFDL exclusively for www.MyanmarBurma.com. The information provided in this article is based on our understanding of publicly known Myanmar laws, regulations and official practices as of 21 November 2012 and may be affected by laws that are subsequently adopted by Myanmar Parliament or notifications that are adopted by various ministries. There may also be instances where the unofficial practices applied by the Myanmar Government authorities (including the tax authorities) are not in accordance with or even contradictory to Myanmar law. More importantly, as the decisions of the courts and tax authorities are not made publicly available, it is possible that the tax authorities or the courts will adopt an interpretation of Myanmar laws which is not in accordance with our interpretation.

Further, this article is for information purposes only and is not, and is not intended to be or constitute legal, financial, technical, insurance or tax advice or DFDL’s opinion on any matter, subject or thing and should not form the basis for any decision to enter into, nor is it intended to be a recommendation or similar by DFDL in respect of or under or in connection with, any transaction in Myanmar.

This information has been provided by DFDL. For more information regarding DFDL and services click here.

Read more...
 
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