Setting Up and Operating an Investment in South Sudan
The government has also taken specific steps to promote investment in the country. Some of these include:
- Establishment of the South Sudan Investment Authority (SSIA);
- Development of investments laws that spell out the investment guidelines in the country;
- Equal treatment and opportunity for local and international investors; and Enactment of specific laws that support investment by making provisions for attractive fiscal regimes, protection of industrial and intellectual property rights, the credible guarantee of legal security and investment stability, repatriation of profits and dividends, custom duties exemptions, as well as reduced red tape and bureaucracy.
The specific investment principles include:
- Policy of non-discrimination:
Foreign investors can invest in and run businesses in any sector in Southern Sudan;
- Guarantees against expropriation:
The government shall not nationalize any enterprise. Further, no investor will be compelled (by law or otherwise) to cede any part of investment capital;
- Protection of Intellectual Property laws:
The government shall protect all intellectual property and rights of all persons and investors. All trademarks, copyrights, patents, etc. will be enforced;
- Access to Public Information:
Investors have open and direct access to all laws and decisions of courts, other adjudicative bodies and to any public information;
- Repatriation of capital, profits and dividends:
Investors have the right to freely repatriate their money in freely convertible currency or dispose of it in any manner they deem fit, subject to tax and other lawful obligations; and
- Dispute Resolution:
Any aggrieved investor has recourse to the courts of Southern Sudan which has jurisdiction over business disputes. Parties to a dispute are also free to specify alternative dispute resolution mechanisms they may agree upon. Any investor in dispute with the Government of South Sudan has recourse to internationally accepted dispute resolutions mechanisms.
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