President of
the Republic,
pursuant to the provisions of the Constitution,
Decrees the following: |
Article 1:
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In the
context of applying the provisions of this Legislative
Decree, the following terms are hereby defined:
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Supreme Council: Supreme Investment Council.
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Commission:
Syrian Investment Commission (SIC), established
according to the provisions of the Syrian Investment
Commission Law.
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Board:
the SIC Board of Directors.
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Investment:
Establishing, expanding, developing or upgrading
enterprises.
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Investor:
Natural or artificial person investing in Syria pursuant
to the provisions of this Legislative Decree.
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Enterprise: Any economic activity operated by
an investor pursuant to the provisions of this
Legislative Decree.
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Assets: the machines, tools, equipment,
apparatus and non-tourist transportation means (local
and imported) those are new and not renewed.
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Foreign
Capital: any capital duly incoming from abroad
by Syrians, Arabs or foreigners.
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Chapter 1: Investment Guarantees |
Article 2:
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It shall be permissible for investors to
possess and rent lands and real estates
required for establishing or expanding
investment enterprises, even if the area
exceeds the ownership ceiling defined by
the effective laws and regulations,
provided that they are exclusively used
for the enterprise.
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When an enterprise is cancelled or
completely dissolved, the investor shall
have to:
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cede to others, of Syrian Arab
citizenship, pursuant to the effective laws and
regulations any extra ownership beyond
the legally defined ceiling.
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A non-Syrian investor shall have to cede
the ownership of the enterprise’s
lands and buildings. In case the cession
is from a Syrian or foreign investor to
a non-Syrian investor for the purpose of
establishing an investment enterprise, an in advance
approval shall be obtained from the Board, and a
deadline of 2 years max. should be set to carry out the
relevant cession.
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Article 3:
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enterprises and investments licensed pursuant
to the provisions of this Legislative Decree can’t be seized
or appropriated, neither could there be any limitations with
regard to their ownership or revenues disposal, unless for
public utilization and in return of an immediate and just
compensation that is equal to the enterprise current value
just before appropriation. Payment should be in a
convertible currency for foreign capital. With no violation
to the provisions of the Public Funds Collection Law No. 341
of 1956, it shall be impermissible to seize the enterprise
but via a judicial ruling.
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Article 4:
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A non-Syrian investor and his family
shall have work and residence licenses during the
enterprise execution and operation life..
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An investor shall have the right to get
work and residence licenses for the enterprise
non-Syrian workers in accordance with effective laws and
regulations.
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Article 5:
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An investor shall have the right to
re-transfer the outcome of dealing with his/her
share of the enterprise in a convertible
currency and after settling the taxes due
on that dealing.
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Pursuant to the provisions of this
Legislative Decree, an investor shall have the
right to annually transfer abroad the
profits and interests resulting from the invested
foreign capital in a convertible currency after settling
the taxes due on
those profits and interests.
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Six months after the foreign capital
transference, an investor shall have the right
to retransfer his foreign capital abroad, if
difficulties and conditions beyond the
investor’s ability prevented him from
investing that capital. Those conditions are
assessed by the Board, which shall have the
right, in special cases, to approve
retransferring the Foreign Capital abroad
without having to adhere to the above
mentioned period.
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Arab and Foreign experts, workers and
technicians working for any approved
enterprise, shall have the right to transfer
abroad 50% of their net wages, salaries
and bonuses, and 100% of their end-service
allowances, in a convertible currency, provided that they
settle the taxes due on those wages, salaries and
bonuses.
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Transference shall be through the
properly licensed banks.
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An investor shall have the right, upon the
Board approval, to enter and take out the tools used for the
installation of the enterprise assets.
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Article 6:
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Provisions of international bilateral and
multilateral investment and investment
insurance-related agreements effective in Syria and
signed with other countries
or Arab and international organizations, shall be taken
into consideration.
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An investor shall have the right to
insure his enterprise at any of the insurance
companies licensed in Syria.
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Article 7:
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Investment-related disputes between an
investor and Syrian public bodies and
institutions shall be settled amicably. If the disputing
parties could not reach a
solution amicably in three months from the date of making a
written notification
for an amicable settlement by one of the disputing parties,
each of them shall
have the right to take the case to one of the following:
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Arbitration.
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Competent Syrian Courts.
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Arab Investment Court created pursuant to the
Unified Agreement for the
Investment of Arab Capitals in the Arab states in
1980.
Investment Insurance and Protection
Agreement signed by Syria and the
investor’s country, or any Arab or international
organization.
All investment-related disputes shall be
considered by the competent court as
summary proceedings.
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Chapter 2: Investment Advantages & Incentives |
Article 8:
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Any
enterprise of the following sectors shall benefit from
all the exemptions
stipulated in the effective Income Tax Law and its
amendments as well as all
advantages and guarantees stipulated in this Legislative
Decree:
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Agricultural and land reclamation enterprises.
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Industrial enterprises.
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Transport enterprises.
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ICT enterprises.
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Environment enterprises.
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Service enterprises.
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Electricity, Oil and Mineral Wealth enterprises.
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Any other enterprises the Supreme Council decides to
cover with the provisions of this Legislative Decree
pursuant to a recommendation from the Board.
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The Board shall issue the necessary instructions to
identify and define the
sectors mentioned in Item (a) of this article.
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Article 9:
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Enterprises, licensed pursuant to the provisions of this
Legislative Decree, shall have
the right to import all their needs, without being
restricted to the provisions of import
suspension, prohibition or restriction, direct import from
the country of origin system
and exchange system provisions. And against any other
effective stipulation, the imported assets shall be exempted
from customs duties and that include the machines, tools and
equipment used in production process and non-tourist
transportation means, provided that they are used
exclusively for the enterprise and that ceding them shall be
impermissible but after the Board approval. The Supreme
Council shall issue, following a Board recommendation, a
system that defines the relevant principles, provisions and
procedures.
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Article 10:
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For the
purposes of this Legislative Decree, investment zones and
the minimum value of each investment developmental zone
assets shall be defined by a decision from the Cabinet.
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Article 11:
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Following a justified suggestion from the
Board, the Supreme Council shall have
the right to decide granting the investment
facilitations, exemptions and advantages stipulated in
this Legislative Decree, as well as any other additional
advantages and guarantees, to any other enterprise.
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The Supreme Council shall have the right
to use discount bases other than the
ones mentioned in the effective Income Tax Law and its
amendments for the enterprises of special importance for
national economy.
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Chapter 3: General Provisions |
Article 12:
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Any investor in an approved enterprise shall
have to:
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Inform the SIC in writing, as soon as the
assets are installed and prepared, of the
date of the enterprise’s operation commence or actual
production.
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Keep systematic accounts for the
enterprise in accordance with the international
accounting standards and provide the SIC with a copy of
the enterprise balance
sheets ratified by a licensed accounts auditing company
or office.
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Keep a detailed record of the enterprise
assets.
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Submit any information, data or documents
required by the SIC and allow any officer authorized by
the SIC to compare the data and information with the
reality.
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Article 13:
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Any enterprise approved pursuant to investment legislations
in effect before the validity of this Legislative Decree,
shall benefit from all exemptions and advantages it has
until the end of the exemption period stipulated in those
legislations and their terms.
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Article 14:
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In case an approved enterprise ownership is
transferred, totally or partially, to another, the new owner
shall replace the previous one in rights, liabilities and
obligations pursuant to the provisions of this Legislative
Decree and the provisions and instructions thereof. Capital
profits generated by the sale of fixed assets shall be
subject to income tax according to the effective laws and
legislations.
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Article 15:
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Details of the private data and information
provided by investors on their enterprises hall not be
publishable or circulatable.
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Article 16:
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Approved enterprises shall be subject to
the provisions of the effective Companies Law or
Joint-Companies Law with no contradiction to the
provisions of this Legislative Decree.
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In the context of applying this
Legislative Decree, no other stipulation of any other
legislation shall be used if it contradicts its
provisions.
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Law 10 of 1991 and amendments is
abolished.
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Article 17:
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This Legislative Decree shall
be published in the Official Gazette and put in force as of
01/01/2007.
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Damascus,
27/01 /2007
President of
the Republic
Basher
Al-Assad
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