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Laws, decrees, bills and regulations relating to business (owned/administered by the State, cooperatives, foreign or national entities)
This sub-section contains material on foreign direct investment in Burma/Myanmar

  • Laws, decrees, bills and regulations relating to business (owned/administered by the State, cooperatives, foreign or national entities (commentary)

    Websites/Multiple Documents

    Title: Analyses of laws relating to doing business in Burma/Myanmar
    Description/subject: Substantial collection of analyses of laws relating to dong business in Myanmar, including presentations made at seminars in 2013-2014
    Language: English
    Source/publisher: "Myanmar Times" and other sources via Polastri Wint & Partners
    Format/size: html
    Date of entry/update: 06 June 2014

    Title: Invest in Myanmar - "Intelligent Commentary and Analysis on Myanmar Business"
    Description/subject: Articles [Several pages of short overviews of issues related to investment in Myanmar]... "The Myanmar Investment Guide" ["Learn everything you need to know about investing in Myanmar in one simple guide!" $24]... Research Reports & Documents ["I’ve put together a database of research reports that I’ve found particularly useful. As more international organizations start to move into Myanmar, the quality and accuracy of research will surely improve. I keep this database updated with new reports, so be sure to check back in frequently.]... Myanmar Law Library [A rather feeble, 9-item set of full-text (English) investment-related laws from 1914 - more laws and bills, including in Burmese, under Articles ]... About / Contact
    Language: English
    Source/publisher: Invest in Myanmar
    Format/size: html
    Date of entry/update: 03 June 2013

    Title: Lexology
    Description/subject: Commentaries on Myanmar's new investment legislation, with summaries of the laws
    Language: English
    Source/publisher: Lexology
    Format/size: html
    Date of entry/update: 03 June 2013

    Title: Network Myanmar - documentation
    Description/subject: Useful collection of texts in English and Burmese of laws and rules relating to investment in Burma/Myanmar, plus discussion (English):- Burmese Texts of Foreign Investment Legislation: Burmese text of the Foreign Investment Law of 3 November 2012... Burmese text of FIL Notification 1/2013 of 31 January 2013 - Permitted Activities... Burmese text of FIL Notification 11/2013 of 31 January 2013 - FIL Rules ..... Official and Unofficial English Translations of these Texts: Official English translation of the Foreign Investment Law of 3 November 2012... Independent English translation of the Foreign Investment Law of 3 November 2012... English translation of FIL Notification 1/2013 of 31 January 2013 - Permitted Activities... English translation of FIL Notification 11/2013 of 31 January 2013 - FIL Rules..... Investment and Tax Guides to Business and Investment: Analysis in English of FIL Notification 11/2013 of 31 January 2013 - FIL Rules... Myanmar: Foreign Investment Rules in practice - Clifford Chance March 2013... Myanmar Investment Guide - Herbert Smith Freehills, February 2013... Tax Pocket Guide to Investment in Myanmar - DFDL 2013 Edition... Myanmar Business Guide - PricewaterhouseCoopers August 2012..... Two Historical References: Text of Special Economic Zone Law of 27 January 2011 (under revision)... Text of Foreign Investment Law of 30 November 1988... Burma responsible investment reporting requirements State Department Media Note - 23 May 2013...
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: GRUM, Network Myanmar
    Format/size: html, pdf
    Date of entry/update: 26 May 2013

    Individual Documents

    Title: National Planning Law for 2014-15 Budget Year - Pyidaungsu Hluttaw Law No. 17 (၂၀၁၄-၂၀၁၅ ဘ􀄌ာနှစ်၊ အမျိုးသားစီမ􀃦ကိန်း ဥပ􀃤ဒ - ၂၀၁၄ ခ􀃢နှစ်၊ ြပည်􀃤
    Date of publication: 28 March 2014
    Language: Burmese/ ျမန္မာဘာသာ
    Source/publisher: Pyidaungsu Hluttaw
    Format/size: pdf (60K)
    Date of entry/update: 03 June 2014

    Title: New Regulations under the Foreign Investment Law released
    Date of publication: 04 February 2013
    Description/subject: On January 31, 2013 the Ministry of National Planning and Economic Development released the new detailed regulations under the 2012 Myanmar Foreign Investment Law. The much awaited regulations are provided under two separate notifications, Notification 1/2013 and Notification 11/2013, spread over a total of 67 pages. No formal translation has yet to be published. The release of the notifications answers the question everybody has asked themselves – will the new regulations provide a higher level of detail than before? The answer is yes – the new notifications do provide significant more details in many areas. Thus, the positive trend continues – where the government is strengthening Myanmar’s position as an attractive jurisdiction for foreign investments.
    Language: English
    Source/publisher: KPMG
    Format/size: html
    Date of entry/update: 16 May 2013

    Title: Myanmar to delay foreign investment law
    Date of publication: 17 September 2012
    Description/subject: "Myanmar is to delay the implementation of controversial foreign investment legislation passed this month, but will step up reforms in areas including the financial sector and land use and will streamline government structures..."
    Author/creator: Gwen Robinson
    Language: English
    Source/publisher: "Financial Times"
    Format/size: html
    Date of entry/update: 18 September 2012

    Title: Investment law to decide if Burma’s growth will be ‘transformational’
    Date of publication: 14 September 2012
    Description/subject: "...Currently awaiting the signature of the president [returned unsigned to Parliament for amendment late October] is the new Foreign Investment Law designed to make the country more attractive to foreign investors. This law will grant them the right to hold long leases on land (until now leases have been greatly restricted and the state was the exclusive owner of most productive land). Overseas investors will also be able to enjoy a five-year profit tax “holiday,” other tax concessions, and are guaranteed against the nationalization of their businesses (a necessary step given Myanmar’s long history of state expropriation). So far, so good, but Myanmar’s new Foreign Investment Law is also reflective of the country’s continuing divisions. The law has been heavily influenced by the interests of Myanmar’s “crony” conglomerates, which in recent years have come to dominate key areas of the economy. With interests that extend to almost every sector, such cronies (as people in Myanmar routinely refer to them) are likely to feel the threat of foreign competition first and foremost. Accordingly, despite the liberal elements of the new Foreign Investment Law, other key clauses limit the role of foreign investors in a host of sectors, including retail trade, agricultural processing, fisheries and many light industries and services. The outcome of this struggle between liberal reformers and the beneficiaries of Myanmar’s past regime will ultimately shape the new Foreign Investment Law. This struggle will also determine if Myanmar is finally on the path to genuine transformational growth. A tiger in waiting perhaps, but not one yet."
    Author/creator: Sean Turnell
    Language: English
    Source/publisher: "Mizzima News"
    Format/size: html
    Date of entry/update: 18 September 2012

    Title: The Burmese Junta's Abuse of Investment Laws
    Date of publication: August 2001
    Description/subject: "Burma continues to be a pariah state for its gross violations of human rights. The refusal of the Burmese military junta to honour the results of the May 1990 elections made its isolation complete: so much so that Burma was denied ASEAN membership for a long time. The junta has even gone so far as to abuse its own laws, including those regulating foreign investment. As there are already many international reports on the link between foreign investment and violations of human rights in Burma, this paper will mainly focus on the aspect of Burma?s investment laws itself?what kinds of investment laws there are in Burma and how these are being abused by the junta..."
    Author/creator: B.K. Sen, Peter Gutter
    Language: English
    Source/publisher: "Legal Issues on Burma Journal" No. 9 (Burma Lawyers' Council)
    Alternate URLs: The original (and authoritative) version of this article may be found in "Legal issues of Burma Journal" No. 9 at http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%209.pdf
    Date of entry/update: 03 June 2003

    Title: Grave Diggers: A report on Mining in Burma
    Date of publication: 14 February 2000
    Description/subject: A report on mining in Burma. The problems mining is bringing to the Burmese people, and the multinational companies involved in it. Includes an analysis of the SLORC 1994 Mining Law.... 'Grave Diggers, authored by world renowned mining environmental activist Roger Moody, was the first major review of mining in Burma since the country's military regime opened the door to foreign mining investment in 1994. Singled out for special attention in this report is the stake taken up by Canadian mining promoter Robert Friedland, whose Ivanhoe Mines has redeveloped a major copper mine in the Monywa area in joint venture enterprise with Burma's military regime. There are several useful appendices with first hand reports from mining sites throughout the country. A series of maps shows the location of the exploration concessions taken up almost exclusively by foreign companies in the rounds of bidding that took place in the nineties.
    Author/creator: Roger Moody
    Language: English
    Source/publisher: Various groups
    Format/size: pdf (1.4MB) html
    Alternate URLs: http://www.miningwatch.ca/en/grave-diggers-report-mining-burma
    Date of entry/update: 09 September 2010