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The principal laws regulating foreign investments are, the
Nigerian Investment Promotion Commission Decree No.16 of 1995
and the Foreign Exchange (Monitoring and Miscellaneous
Provisions) Decree No.17 of 1995.
Deregulation of Equity Structure in Nigeria
Enterprises
Effectively, the Nigerian Enterprises promotion (Repeal) Decree
No. 7 of 1995 has abolished any restrictions, in respect of the
limits of foreign shareholding, in Nigeria registered/domiciled
enterprises.
The only enterprises which are still
exempted from free and unrestrained foreign participation are
those involved in:
- Production of arms and ammunition;
- production of and dealing in narcotic drugs and psycothropic
substances;
The Nigerian Investment Promotion
Commission Decree No. 16, 1995 (NIPC Decree)
This decree established the Nigerian Investment Promotion
Commission (NIPC) as the successor to Industrial Development
Coordination Committee (IDCC)
Functions and Powers
The Nigerian Investment Promotion Commission (NIPC) is an Agency
of the Federal Government with perpetual succession and a common
seal which is specially established, among other things, to:
(a) co-ordinate, monitor, encourage and provide necessary
assistance and guidance for the establishment and operation of
enterprises in Nigeria;
(b) initiate and support measures which shall enhance the
investment climate in Nigeria for both Nigerian and non-Nigerian
investors;
(c) promote investments in and outside Nigeria through effective
promotional means;
(d) collect, collate, analyse and disseminate information about
investment oppor-tunities and sources of investment capital and
advise on request, the availability, chance or suitability of
partners in joint-venture projects;
(e) register and keep records of all enterprises to which the
NIPC Decree legislation applies;
(f) identify specific projects and invite interested investors
for participation in those projects;
(g) initiate, organise and participate in promotional activities
such as exhibitions, conferences and seminars for the
stimu-lation of investments;
(h) maintain liaison between investors and Ministries,
government departments and agencies, institutional lenders and
other authorities concerned with
investments;
(i) provide and disseminate up-to-date information on incentives
available to investors;
(j) assist incoming and existing investors by providing support
services;
(k) evaluate the impact of the Commission in investment in
Nigeria and recommend appropriate remedies and additional
incentives;
(l) advise the Federal Government on policy matters, including
fiscal measures designed to promote the industrialisation of
Nigeria or the general development of the economy; and
(m) perform such other functions as are supple mentary or
incidental to the attainment of the objectives of NIPC Decree.
Provisions Relating to Investments
Notable amongst the provisions relating to investments are the
following:
- A non-Nigerian may invest and participate in the operation of
any enterprise in Nigeria;
- An enterprise in which foreign partici-pation is permitted,
shall after its incor-poration or registration, be registered
with the NIPC.
- A foreign enterprise may buy the shares of any Nigerian
enterprise in any convertible foreign currency.
A foreign investor in an approved
enterprise is guaranteed unconditional transferability of funds
through an authorised dealer, in freely convertible currency of:
(a) dividends or profit (net of taxes) attributable to the
investment;
(b) payments in respect of loan servicing where a foreign loan
has been obtained; and
(c) the remittance of proceeds (net of all taxes) and other
obligations in the event of sale or liquidation of the
enterprise or any interest attributable to the investment.
Priority Areas of Investment
The NIPC issues guidelines and procedures which specify priority
areas of investment and prescribed incentives and benefits which
are in conformity with Government policy.
Incentives For Special Investment
For the purpose of promoting identified strategic or major
investment, the NIPC may in consultation with appropriate
Government agencies, negotiate specific incentive packages for
the promotion of investment
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