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Law No. 66 On investments.

País/Territorio
Kirguistán
Tipo de documento
Legislación
Fecha
2003
Fuente
FAO, FAOLEX
Materia
Recursos minerales, General
Palabra clave
Ley marco Concesión Negocios/industria/corporaciones Crédito Derechos de propiedad intelectual/patentes Autorización/permiso Relaciones internacionales/cooperación Acceso-a-la-información Exploración Minería Minerales
Área geográphica
Asia, Asia Central, CEI (Comunidad de Estados Independientes), Europa y Central Asia, Naciones en desarrollo sin litoral, Asia del Norte
Entry into force notes
This Law enters into force on the date of its official publication.
Resumen

This Law regulates the main principles of the state investment policy aimed at developing favorable investment climate in the country and attracting and stimulating domestic and foreign investments by means of providing a fair legal regime to investors and guaranties for protection of investments made by investors to the economy of the Kyrgyz Republic. Investments mean tangible and intangible assets, in particular: (a) money; (b) movable and immovable property; (c) property rights (mortgages, liens, pledges and others); (d) stock and other forms of participation in a legal entity; (e) bonds and other debenture liabilities; (f) non-property rights (right to intellectual property including goodwill, copyrights, patents, trademarks, industrial designs, technological processes, trade names and know-how); (g) any right to activity based on a license or in other form given by State agencies; (h) concessions based on Law including concessions for exploration, development, mining or exploitation of natural resources; (i) profit and revenue received from investment and re-invested on the territory of the Kyrgyz Republic; and (j) other forms of investments that are not forbidden by the legislation of the Kyrgyz Republic. A form in which property is invested, or any change in this form shall not influence the nature of investments. Domestic investor means a legal entity or natural person of the Kyrgyz Republic, a foreign citizen and person without citizenship having status of resident in Kyrgyz Republic and engaged in investment activity on the territory of the Kyrgyz Republic. Foreign investor means any natural person or legal entity which is not a domestic investor making contributions to the economy of the Kyrgyz Republic, including: (a) a natural person who is a foreign citizen or person without citizenship, permanently living outside the Kyrgyz Republic; (b) a legal entity which is either: founded and registered in accordance with the legislation of a foreign State; or founded with foreign participation but established in compliance with the legislation of the Kyrgyz Republic: entirely belonged to one or more foreign natural, legal persons; or controlled and managed by one or more foreign natural, legal persons on the basis of a written contract, the right to exercise the majority of shares, the right to appoint the majority of members to its executive or supervisory bodies, or not less than one third percent of stock and stockholders voices of which are held by foreign citizens, people without citizenship permanently living outside the Kyrgyz Republic or legal entities as referred to in this Article; (c) a legal entity created by inter-governmental treaty of the Kyrgyz Republic; (d) a foreign organization which is not a legal entity; and (e) an international organization. The Kyrgyz Republic shall provide foreign investors, making investments on the territory of Kyrgyz Republic, with the national regime of economic activity applicable in respect of legal entities and natural persons of the Kyrgyz Republic. The Kyrgyz Republic in the person of its authorized governmental bodies shall not permit discrimination in respect of investors on the basis of their citizenship, nationality, language, sex, race, religion, place of their economic activity and country of origin of investors or investments. The Kyrgyz Republic in the person of its authorized governmental bodies, officials and self-government bodies shall abstain from any interference with economic activity, rights and legal interests of investors, except as provided by the legislation of Kyrgyz Republic. Investors, making investments in the priority economic and social sectors and in certain areas of the Republic, in accordance with the state development programs (projects), may be granted investment benefits in compliance with the Kyrgyz law. Investments shall not be subject to expropriation (nationalization, requisition, or other equivalent measures, including actions or omissions by the state bodies of the Kyrgyz Republic which have resulted in forced withdrawal of investors' funds or in their deprivation of an opportunity to gain on the investments' results), except as provided by the legislation of the Kyrgyz Republic when such expropriation is effectuated in public interests on the basis of nondiscrimination, in observance of a proper legal order and is carried out with timely, appropriate and real compensation of damages, including lost profit. All regulatory legal acts of Kyrgyz Republic and court decisions which affect in any manner interests of investors must be accessible to them, and must be published as directly provided for by the legislation of the Kyrgyz Republic. State bodies and officials of Kyrgyz Republic shall provide investors at their request with accessible information they are interested in according to the procedure provided for by the legislation of the Kyrgyz Republic. Investors may attract to the Kyrgyz Republic monetary funds as credits, securities and other loans. The investor's assets and various property and non-property rights may be used as a security for such investor's obligations.

Texto completo
Inglés
Página web
investmentpolicy.unctad.org