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The following is a simplified
version of the Act on
Attraction and Protection of
Foreign Investment:
Chapter one, definitions
Article 1- The terms used in
this Act have the following
meanings:
Act: The present act on foreign
investment.
Foreign investor: Real or legal
persons who invest in Iran,
capital of foreign origin
Foreign capital: Any capital
of any kind, in cash or kind,
imported into Iran by the
foreign investor, including cash
imported to Iran through the
banking system or any other
channel acceptable to the
Central Bank, machinery and
equipment, tools and spare
parts etc, intellectual property
rights with respect to technical
knowledge, trade names
and logos, and dividends on
capitals, as well as other assets.
Foreign investment: Employment of foreign capital in
a new or an existing economic
entity under the relevant permit
Investment permit: Permit
issued for each case of
investment according to Article
6 this Act
Organization: Organization
for Investment and Technical
Supports subject of Article
5 of the Act on Formation of
the Ministry for Economic and
Technical Affairs High Council: High Council for
Investment subject of Article
7 of the Act on the Articles of
Association of the Organization Committee: Committee for
Foreign Investment subject of
Article 6 of the present Act.
Chapter two, general
conditions on acceptance of
foreign investment
Article 2- The acceptance of
foreign investment shall be in
compliance with the present
Act and other relevant laws
and regulations, and aimed to
develop the county’s economy,
industry, mining, agriculture,
and services provided the
investment:
a) Shall enhance the country’s
economy, technical know-how,
quality standards of its products,
and will expand exports and
provide jobs
b) Will not threaten national
security, national interests,
environmental features, and
domestically produced goods
through domestic investment
c) Will not involve any
concessions to be given by the
(Iranian) government to the
investor(s) such as to put them
in a position of advantage in
relation to domestic investors
d) The value of the total
products and services
contributed by foreign
investment shall not exceed
25% of the total value of
products or services of that
sector, nor 35% of the total of
the field in question. The fields
and the ceilings on investment
in each shall be in accordance
with the relevant by-laws that
will be drawn up by the Board of
Ministers.
Foreign investment in providing
products or services for exports
only, shall be exempted from
these restrictions, except in
case of crude oil exports.
Note: The Act on Ownership
of Immovable Properties 1921,
remains in force and bars non-
Iranians from owning land of
any kind in Iran.
Article 3- Foreign investment
made according to this Act shall
be protected and supported
by the government. Such
investments can be divided
into two categories:
a) foreign
direct investment (FDI) in
the areas open to the private
sector, and
b) civil partnership,
buy-back, and build-operatetransact
agreements that do
not require guarantees from
the government or the banking
system.
Note 1: In case of buildoperate-
transact agreements,
the investor has the right of
ownership of his outstanding
dues till all has been settled,
both the original capital and the
profits.
Note 2: In case of investments
according to 3 above, should at
any time the government decide
to cancel or suspend a project,
the investor shall be entitled to
all the outstanding dues to the
latest matured payment.
Article 4- Joint investment
by the Iranian government
with other states requires a
decision from the Majlis (Iranian
parliament). However, statecontrolled
foreign companies
shall be in any case considered
as private sector entities.
Chapter three, competent
authorities
Article 5- The Organization
is the only body officially
competent to see to matters
concerning foreign investment,
demands and applications for
such investment etc.
Article 6- To see to the
affairs referred to in Article 5
above, a Committee known
as the Committee for Foreign
Investment shall be formed
comprising the Deputy Minister
for Finance and Economic
Affairs as the Chairman of the
Committee, the Head of the
Organization, Deputy Minister
for Foreign Affairs, Deputy
President of Management and
Planning Organization, and
Deputy President of the Central
Bank of Iran, as permanent
members. Furthermore, as
and when the need arises
Deputies from other relevant
ministries shall participate in the
Committee sessions.
Applications for foreign
investment to be made in
Iran, if approved by the
Committee shall be confirmed
by the Ministry for Finance and
Economic Affairs.
Note: The Organization is
obliged to have the Committee
review any application
submitted to the Organization
within 15 days from the day of
submission, and the Committee
must reach a justifiable verdict
within one month from the date
of the first review.
Article 7- In order to facilitate
and expedite foreign investment,
all the entities concerned
must assign representatives,
each entity one person, as the
liaison officers. These entities
include the Ministry for Finance
and Economic Affairs, the
Foreign Ministry, Ministry of
Commerce, the Central Bank,
Iranian Customs, General
Department for the Registration
of Companies and Industrial
Ownerships, Environmental
Protection Organization etc.
Chapter four, guarantees and
transfer of foreign capital
Article 8- Foreign investments
shall benefit from all the support
and benefits that are granted to
local investments.
Article 9- Foreign investments
shall not be confiscated nor
nationalized unless national
interests make it necessary, in
which case full reparations shall
be made.
Note 1: Demand for reparations
must be made within maximum
one year from the date of
confiscation or nationalization.
Note 2: Disputes arising in
this respect shall be resolved
according to Article 19 of this
Act.
Article 10- The foreign investor
may transfer a part or all of his
interests to an Iranian entity,
or with the confirmation of
the Ministry of Economy and
Financial Affairs, to another
foreign investor who has at
least the same conditions for
investment as did the original
investor.
Chapter five, regulations on acceptance and entry and
exit of capital
Article 11- Foreign investment
can enter the country under
the present Act in one of the
following forms:
a) cash payments that can be
exchanged into rials
b) cash payments that are
not exchanged into rials butare used for purchasing and
ordering facilities
c) non-cash items after
appraisal by the relevant
authorities.
Note: Evaluations and
registration of the capital shall
be performed in accordance
with the relevant by-laws.
Article 12- The exchange rates
applicable shall be those of the
day of transfer.
Article 13- Whatever remains
of the initial capital and interests
must be declared three months
prior to its exit from the country.
Article 14- The profits on the
capital may be transferred
abroad after the payment of
the relevant taxes and charges
and the confirmation of the
Committee.
Article 15- Payments
concerning installments of the
actual capital transferred to Iran,
contracts on rights regarding
technological know-how and
other intellectual rights shall
be in accordance with the
regulations of the Committee
and with the confirmation of
the Ministry of Finance and
Economic Affairs.
Article 16 - Transfers outlined in
Articles 13, 14 and 15 shall be
subject to Article 3 of this Act.
Article 17- For transfer of
exchange abroad, the following
means are available:
a) purchase of exchange
through the banking system
b) through exchange earned
from export of products or
services
c) export of goods according to
regulations.
Article 18 - The transfer abroad
of that part of the foreign
capital that has entered the
country but has not been used
for any investment purposes
is exempted from the present
regulations.
Chapter six, settlement of
disputes
Article 19- Should a dispute
arise between the (Iranian)
government and a foreign
investor, it shall be settled in
Iranian courts unless otherwise
agreed upon between the
governments of the two
countries.
Chapter seven, final
regulations
Article 20- The relevant
authorities are obliged to take
immediate action with respect to
issuance of visas, work permits
etc for the managers and
experts and other employees of
the foreign investing entity as
demanded by the Organization.
Article 21- The Organization is
obliged to put all the information
and regulations concerning
foreign investment at the
disposal of the public at all
levels.
Article 22- All the ministries
and public organizations or
companies concerned, are
obliged to put all the relevant
information concerning foreign
investment and investors at the
disposal of the Organization to
facilitate its decision-makings.
Article 23- The Minister for
Finance and Economic Affairs
is required to submit a report,
every six months, on the subject
of foreign investment to the
parliament.
Article 24- As from the
date of this Act, it replaces
previous regulations on foreign
investment and all previous
investments shall come under
the present Act.
Article 25- The executive
by-laws and regulations of the
present Act shall be drawn up
by the Ministry of Finance and
Economic Affairs within two
months from this date. 
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