A foreign investor may team up with a domestic investor or company for a joint investment, usually in the form of a partnership, or private limited company
or a share
company. Nevertheless, under the Investment Proclamation No. 37/1996, a minimum equity capital of USD 300,000 is required from any foreign investor who intends to enter into a joint venture partnership with a domestic
investor. The foreign partner is required to satisfy this minimum equity capital either in cash or in kind, in the form of capital goods such as machinery, equipment or other tangible assets, imported specially and
exclusively to establish the enterprise or in both cash and in kind. The share of the domestic partner(s) cannot be less than 27% in a joint investment.
Wholly Foreign Owned Investments
A foreign investor, who intends to invest on his own except in engineering and other technical consultancy services, is required to invest not less than USD 500,000 in cash and/or in kind as an initial investment
capital to start his business. The minimum capital required of a foreign investor investing in engineering or other technical consultancy services is USD 100,000 which may be in cash and/or in kind.
A foreign investor
investing in wholly foreign owned enterprises or joint ventures is not allowed to invest in areas reserved for Ethiopian nationals and domestic investors. (see the Annex)
GUARANTEES TO INVESTORS
Ethiopia provides the following guarantees to foreign investors.
Repatriation of Capital and Profits
Capital repatriation and remittance of
dividends and interest is guaranteed to foreign investors under the Investment Proclamation. Any foreign investor has the right, in respect of an approved investment, to make the following remittances out of Ethiopia in
convertible foreign currency at the prevailing rate of exchange on the date of remittance:
profit and dividends accruing from an investment;
principal and interest payment on external loans;
payments related to technology transfer or management agreements;
proceeds from sale or liquidation of an enterprise;
proceeds from the sale or transfer of shares or assets;
compensation paid to a foreign investor.
Guarantees Against Expropriation
The constitution of the Federal Democratic Republic of Ethiopia gives protection to private property. The investment proclamation also
provides investment guarantees against measures of expropriation and nationalization. Expropriation or nationalization may only occur either for public interest and in compliance with the requirement of the law. Where
such expropriation are made, the government guarantees to provide adequate compensation corresponding to the prevailing market value of the property and such payment shall be effected promptly.
Other Guarantees
Ethiopia is a member of the World Bank - affiliated Multilateral Investment Guarantee Agency (MIGA) which issues guarantees against non-commercial risks to enterprises which
invest in signatory countries. Ethiopia is at any time ready to conclude bilateral investment promotion and protection treaties with any country and is in fact currently concluding such agreements with a number of
developed countries.
Ethiopia has also signed the World Bank treaty "the convention on settlement of investment disputes between states and nationals of other states (ICSID)".
LABOUR
Ethiopia has
an abundant, hard-working, inexpensive and disciplined work force. The minimum wage for unskilled labour is Birr 120 (less than USD 20) per month. Private investors can easily find and recruit young and energetic work
force at about the same rate. Hence, the cost of labour in the country is very low by any standards.
Ethiopia has also sufficient skilled and well-trained work force. Its technical and vocational training schools,
engineering colleges and universities annually produce trained personnel in business, management, law engineering, economics, accounting, technical training in fairly large numbers. Furthermore, since the medium of
instruction in schools of higher learning is English, members of the skilled labour force in Ethiopia speak and write English. The market price of skilled personnel in
Ethiopia is also very attractive. The salaries
of fresh university graduates normally ranges between Birr 500 (less than USD 90) to Birr 800 (less than USD 140) per month depending on the level of education. Generally, the level of salary paid for skilled labour is
determined by contract between the employer and the employee.
The new labour law of Ethiopia, which has been prepared in conformity with recognised international labour norms and standards, provides adequate
provisions for the beginning and termination of employment without infringing the rights of investors.
MAJOR INVESTMENT INCENTIVES
In order to encourage private investment and
to promote the inflow of foreign capital and technology into Ethiopia, the following incentives are granted to investors (both domestic and foreign), engaged in new enterprises and expansions in areas qualified for
investment incentives.
Customs Import Duty
One hundred percent exemption from the payment of import customs duties and other taxes levied on imports is granted to all
investment capital goods, such as plant, machinery, equipment, etc. as well as spare parts worth up to 15% of the value of the imported investment capital goods, provided that the imported capital goods are not produced
and are not available locally in comparable quantity, quality and price.
Investment capital goods imported without the payment of import customs duties and other taxes levied on imports may be transferred to another
investor enjoying similar privileges.
Exemptions from customs duties or other taxes levied on imports shall be granted for raw materials necessary for the production of the goods for export market. Taxes and duties
paid on raw materials are drawn back at the time of export of finished products. The duty drawback scheme applies to all taxes at the time of importation, and those paid on local purchases.
Exemptions From Payment of Export Customs Duties
Ethiopian products (except coffee) and services destined for export, are exempted from the payment of any export tax and other taxes levied
on exports.
Income Tax Holiday
Any income tax derived from an approved new investment made pursuant to Proclamation No. 37/1996 shall be exempted from the payment of income
tax for periods ranging from 1 to 5 years, depending upon the priority area of investment activity and the location in which the investment is undertaken. Profit tax holiday is granted subject to Council of Ministers
Regulation No. ___ as follows: