VIII. EXPORT OF TECHNICAL AND ENGINEERING SERVICES
Though the preceding sections of this Chapter has dealt primarily with
the inflow of foreign investment and technology into Iran, the rapid gains
and technological advances made by Iran's industrial sector have now necessitated
a review of the framework by which Iranian companies are able to invest
and transfer technology abroad. Article 27 of Iran's Second Five Year Plan
led to the formation of a ' Coordinating Council for the Export of Engineering
Services' so as to structure the requisite institutional framework for
the export of engineering and technical services. The efforts of this council
has lead to the establishment of some 32 industrial plants abroad with
a total value of $500,000,000. The rules and regulations pertaining to
the provision of such services and investment are as follows:
Regulations Governing Iranian
Foreign Investments Abroad
Article 1
Each and every investment project that Iran intends to make abroad
must be submitted to the technical Board of the Organization for Investment
and Economic, Technical Assistance of Iran (OIETAI). The Organization is
in charge of consolidating and implementing foreign investments.
The Technical Committee shall study the relevant documents regarding
each and every project, according to article 4 below, and shall give its
conclusion and comments. The project will then have to be referred to the
High council for Investments. All concerned bodies, including the relevant
ministries such as the Ministry for Commerce, as well as the Iranian Customs
Department, the Central Bank of the Islamic Republic of Iran, and insurance
and guaranteeing bodies, are obligated to follow up the necessary steps
to wards the implementation of foreign investment projects that are approved
by the High Council.
Article 2
Foreign investment projects must be feasible and must fulfill the following
conditions:
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The return on the investment must be such that the total investments made
in cash of kind by the Iranian side is returned within a maximum of five
years.
-
At least 80% of investments to be made by the Iranian side must be noncash,
such as in capital goods, raw materials and intermediate products, technical
know-how, services and human resources.
-
The financial resources required must be envisaged
Article 3
In addition to approving projects, the High Council for Investments
must also decide on the following points. The ratifications of the High
Council, bearing the signature of the Minister for Economic and Financial
Affairs, shall be passed on to the relevant executive organs.
-
The raw materials, intermediate products and capital goods leaving the
country as noncash investments (investment in kind).
-
The amount of cash capital being transferred from Iran, and the banking
system's permission for doing so.
-
The amount of undertakings, in foreign exchange, that the Iranian investor
accepts for the return of cash and noncash investments and investments
in technical know-how and services being transferred; as well as the schedule
for the settlement of these undertakings.
Note 1: The goods mentioned in point (1) above, shall not be subject to
the usual exports/imports restrictions of the country.
Note 2: When the proposed investment is to be in the form of means
of production for use outside Iran or shares in foreign companies, the
High Council will act as the case may be (i.e. On a case-to-case basis).
Article 4
Applicants for making foreign investments must provide the necessary
information / documents for the Technical Committee's consideration. These
must be submitted to the High Council, annexed to the application, and
must include:
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Description of the kind of investment envisaged together with a clear explanation
as to why it should be made out of the country and how it is justified.
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The Articles of Association of the Iranian firm intending to make the investment
and the financial and accountancy statements of the past three years as
approved in the general assembly of the firm. Should the firm have recently
been established, the statements of all the previous years (Less than three
years).
-
The agreement concluded by the Iranian and foreign sides of the investments
and the draft Articles of Association of the joint venture company which
is registered in the host country.
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the amount to be invested by each side (Iranian and foreign) and how it
is to be secured (cash, kind, value and kind of currency) as well as amount
of shares of and loans provided by each side.
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The amount the applicant intends to invest (cash, kind, value and currency)
as well as his shares and the loan he provides.
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The balance sheets, profit and loss statements and cash flow accounts of
the first five years from the day the company begins to operate.
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The laws and regulations of the host country governing foreign investments
and the protection of FDIs, entry and exit of foreign capital, as well
as laws on taxes and other duties which apply to the company's net income
and to the shareholders profits.
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A report on the effects of the proposed investments on export of similar
goods from the country (Iran), considering the possible competition that
could be created.