Inland Investment
Investment law no 8 is enacted to attract foreign investors and thus applies only
to a specific number of activities:-
- Reclamation and cultivation of barren and desert lands.
- Animal, poultry and fish production.
- Manufacturing and mining.
- Preparation and development of selected industrial zones.
- Hotels, motels, hotel apartments, tourist villages and tourist transportation.
- Refrigerated transportation of goods, refrigerators for the purposes of storing
crops, manufactured products and foodstuffs, container stations and grain silos.
- Air transport and directly related services.
- Overseas maritime transport.
- Petroleum services in support of drilling, exploration as well as gas transport
and delivery.
- Housing complexes for the purposes of full, unfurnished lease for noncommercial
users.
- Infrastructure operation including potable water, sewage, electricity, roads and
communications.
- Hospital, medical, and therapeutic centers that offer 10 per cent of their capacities
free of charge.
- Financial leasing.
- Underwriting of subscription to securities.
- Venture capital.
- Production of computer programs or systems.
- Projects funded by the Social Fund for Development.
- Development of new urban zones
- Software designing and production.
- Establishment and management of technological zones.
- Credit classification.
- Deductions.
- Establishment, management and operation or maintenance of river transportation for
groups within and between new cities and urban communities.
- Performance management of industrial projects.
- Collecting garbage, waste disposal (whether of production or service activities),
and waste treatment.
Investors engaged in sectors not covered by law 8 are subject to corporate law no
159 of 1981. In both cases, The General Authority for Investment (GAFI) acts as
the official regulator for all incorporations and licenses.
Among the incentives and guarantees, are protection against expropriation and compulsory
pricing, full right of profit and dividend repatriation, no export requirements,
access to dispute resolution committees administered by GAFI, unfettered access
to land in Upper Egypt.
Other incentives include a standard income tax rate of 20% (oil & gas sector
companies at 40.55%), a 10 – year tax exemption for land cultivation and production
activities related to live stock, poultry and fish, export duty ranging from 5 –
25% of the value of whole sales transactions, and import duties ranging from 2-32%.
Investment Zones
- Investment Zones were created under Law no. 19 of 2007, which introduced a new investment scheme never included before in the Investment Guarantees and Incentives Law, which is the Investment Zones system. The new law allowed the establishment of investment zones as per a Prime Minister decree to be specialized in whatever investment domain stipulated by the law, and the provisions of articles number 30, 31.38, 41, 42.46 which are mentioned in the investment law are applied on these zones.
- The Prime Minister's Decree No. 1675 of 2007 was issued to regulate work at investment zones.
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Southern Egypt Development Program
The Egyptian government believes that Upper Egypt is a region that has the potential
to develop into a new hub for both manufacturing and services projects. Governorates
located in southern Egypt are equipped with many competitive advantages: 30% of
Egypt's total population, abundant natural resources and a diversified economic
base.
The government has put in place various initiatives to encourage investment in Upper
Egypt; the establishment of clusters, investment incentives and employment grants;
free land to investors in Upper Egyptian governorates (with the exception of Fayoum);
technical assistance through Egypt's Industrial Modernization Center (IMC); and
technology centers and training.
The Upper Egypt Development Company is a company that has been established to encourage
private-sector investment in Upper Egypt. The Company currently has two branches
in Cairo and Assiut and has begun to launch projects in several governorates. A
new road has been established to link Upper Egyptian governorates with Safaga Port
and Sohag Airport.
Companies established within southern Egypt are incorporated in accordance with
investment law 8 of 1997 or law 159 of 1981(Inland Investment).
Special Economic Zones (SEZ)
Law 83 of 2002 established Special Economic Zone (SEZ) that provides significant
incentives and competitive advantages for investors. Each of the zones is autonomous
and has its own Board of Directors who handle incorporation, licensing procedures
as well as other investor services.
The North West Suez Special Economic Zone was the first zone created under the said
law, and will serve as a model for the future development of other SEZs in Egypt.
The North West Suez SEZ stretches over 20 square kilometers strategically located
directly adjacent to the Sokhna Port about 45kilometers southeast of Suez City near
the southern entrance of the Suez Canal.
A Master Development Company (MDC) was established by the SEZ Authority in 2006
to create a master plan for the promotion and management SEZs. The final zoning
and infrastructure strategy for the SEZs will be put in place by the second half
of 2008.
Within close proximity to the North West Suez are several projects incorporated
under the general land investment regime, which create an additional flow of commercial
activities to the Sokhna Port.
The privately managed Red Sea Port of Sokhna is being hailed by the cargo industry
as a quiet revolution in Egyptian logistics. The port will serve more than 20,000
vessels sailing through the Suez Canal each year. The Sokhna Port is strategically
positioned to serve as a trade and logistics hub between the EU, the Far East and
West Africa.
SEZ incentives and guarantees include a 5% flat rate on personal income tax; integrated
custom administration, tax administration, dispute settlements, licensing as well
as general investors services for projects incorporated within the zones; a 10%
tax rate on all activities within the SEZ; and Egyptian certificates of origin for
SEZ – based exporters, allowing them to make use of Egypt's international trade
agreements.
Qualifying Industrial Zones (QIZs)
The QIZ protocol between Egypt and the United States grants certain products manufactured
in Egypt preferential access to the United States as long as they satisfy the rules
of origin related to local content. They are currently 19 QIZs located within 4
geographical areas: Greater Cairo, Middle Delta, Alexandria and the Suez Canal Zone,
Both Egyptian and Israeli companies must contribute and maintain at least 10.5 %
of the minimum 35% local content required under the legislation in order to qualify
duty-free access to the US.
Manufacturers on both sides must also contribute and maintain at least 20% of the
total cost of production of goods eligible for duty/-free access, excluding profits,
even if the cost can not be considered as a part of the 35% minimum content requirement.
For this purpose, costs may include originating materials, wages and salaries, design,
research and development, depreciation of capital investment and overheads.
The QIZ protocol was signed in December 2004, and today they are 705 companies eligible
to export under QIZ. Qizs are expected to help further develop Egypt's robust textile
and garment industry as well as supporting sectors. Qiz incentives and guarantees
include duty – free access to the US market for products that comply with the rules
of origin requirements; flexible application of the requirements; no quotas on exported
products; and open – ended validity, in that the QIZ protocol does not have an expiration
date.
Free Zones
Egypt has been advocating the creation of Free Zones since the early 1970s in an
attempt to increase exports, attract foreign in¬vestment, introduce advanced technology
and create more job opportunities. Free Zones are located within national territo¬ry
but are considered offshore areas. Investors operating inside the Free Zones must
export more than 50% of their total pro-duction. To facilitate import/export procedures,
Free Zones are usually located adjacent to sea ports and airports.
There are two different kinds of Free Zones; public and pri¬vate. Egypt currently
has nine Free Zones located in: Nasr City, Alexandria, Port Said, Suez, Ismailia,
Damietta, Shebein El Kom, Media Production City and Keft. Two additional free zones
are under development in Badr and East Port Said. Among the Free Zone incentives
and guarantees are a life¬time exemption from all taxes and customs; exemption from
all import/export regulations; the option to sell a certain percent¬age of production
domestically if custom duties are paid; and limited exemptions from labor provisions.
Tax incentives for energy intensive industries operating in Free Zones (fertilizers;
iron and steel; petroleum production; and production, liquefac¬tion and transportation
of natural gas) have been abolished as of May 2008. In addition, all equipment,
machinery and essential means of transport (excluding sedan cars) necessary for
main¬taining the licensed activities of a project are exempted from all customs,
Egypt’s Free Zones Offer Competitive Utility Prices: A new pricing mechanism for
electricity used by energy-intensive in¬dustrial sectors (above 50 million kilowatts)
is currently being applied to all sectors with the exception of food processing
and textiles. Electricity costs are approximately 4 cents/kilowatt (KW). Potable
water costs are approximately 20-30 cents per-cubic-meter. Fees and Charges Applicable
to Free-Zone Companies: Manufacturing or assembly projects pay an annual charge
of 1% of the total value of their products excluding all raw materi¬als. Storage
facilities are to pay 1% of the value of goods enter¬ing the Free Zones while service
projects pay 1% of total annu¬al revenue. Goods in transit to specific destinations
are exempt from any charges.
Land Rental Prices are as Follows: US$ 3.50 per square me¬ter per year for industrial
projects; US$ 7.00 per square meter per year for all other projects (storage and
services). A reduc¬tion of 50% of the above rate is available in three of the nine
public free zones: Ismailia (for industrial and service projects only), Damietta
and Shebein El Kom.
Private Free Zones: In addition to public Free Zones, private zones may also be
established, each limited to a single project. The same privileges and incentives
granted to public free zones apply to private zones as well.
Public- Private Partnership (PPP)
Not only is the state encouraging more foreign and inland investment in the country's
burgeoning industrial and service sectors, but they have also allowed the private
sector to deepen its participation in the economic reform process through a public-private
partnership (PPP) strategy that aims to enhance the quality of services available
in the country while simultaneously decreasing the financial burden on the government.
In 2006, the Ministry of Investment initiated a comprehensive PPP promotion strategy,
which included the creation of a legislative and institutional framework that will
facilitate the execution of major PPP infrastructure projects and encourage more
local and foreign investors to partner with the government in priority sectors including
water, transportation, health and education.
On the legislative front, the Ministry of Finance is currently drafting new PPP
legislation to govern the relationship between the government and the private sector
detailing the responsibilities of each side. The law is expected to become final
later this year.
On the institutional and capacity building fronts, a joint PPP Unit has been established
by the Ministries of Investment and Finance. Sector specific regulatory agencies
have also been established to deal directly with various projects that are already
in the works.
Between 1990 and 2005, the private sector was involved with PPPs in four infrastructure
domains, including telecommunication, transportation, water and sewage, carrying
out 20 projects with a total investment of US$ 7.5 billion. The telecom sector accounted
for the lion's share of investment at US$ 5.27 billion. This was, however just the
beginning of a successful experiment that the government intends to replicate and
vastly expand in the future. More recently, the government has tendered for the
construction and operation of schools as part of program aiming to build 2,210 new
schools; fresh and sewage water treatment projects in Cairo and Borg El Arab; and
billions of dollars in new highway projects that will speed traffic between the
nation's north and south, between industrial zones and ports. Tenders for more projects
are in the pipeline.
In the transportation sector alone, a projected US$ 16.45 billion in public and
private investments will target upgrades in railways, roads, ports and Nile transportation
during the next five years. According to the Egyptian Ministry of Transportation,
US$ 9.14 billion of private-sector investments will go into ports; US$ 5.48 billion
will go into building and upgrading roads and US$ 3.66 billion will go into railways.
Approximately one third of total investments will come from the state and the rest
will come from private investors.
Foreign companies have already placed sizable investments into Egyptian ports. Danish
shipping and oil group AP Moller – Maersk signed an agreement with the Egyptian
government to double the capacity of it s East Port Said terminal by 2011. In October
2007, Dubai port operator DP World acquired a 90% stake in the Egyptian Container
Handling Co., located near the mouth of the Suez Canal for US$ 670 million.
In the field of education, the Egyptian Education Initiative (EEI) is a PPP between
the government of Egypt, the World Economic Forum's IT member community and multinationals
including Cisco, HP, Intel, Oracle, IBM, Microsoft, Siemens and Computer Associates.
The initiative supports Egypt overall education reform efforts and maximizes the
potential for a collaborative partnership. The main objectives of the initiatives
are to improve the development of and delivery of education, to raise the quality
of teacher training, to develop skills needed for a knowledge society and to provide
education to a wider sector of the population.
The increased involvement of the private sector in major initiatives such as these
reflects the government firm commitment towards upgrading the quality of services
and facilities for its citizens.
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