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Automatic Route of Foreign Direct Investment in Nepal

1. Background

On 2 October 2023 (15 Ashoj 2080), the Government of Nepal streamlined the process for approving foreign investments through the automatic route. Section 42 of the Foreign Investment and Technology Transfer Act, 2019, enables the Government to introduce a simplified system for attracting foreign investment, by making the process of foreign investment simple, and easy.

 

Similarly, Rule 8A was added by amending the Foreign Investment and Technology Transfer Rules, 2077, on 20 April 2023 (7 Baisakh 2080), which established an online platform to automate the FDI approval process, known as the automatic route. The automatic route system has already been implemented by Department of Industry. The automated system grants automatic approval for investments applied through the online one-door system.

 

The government has identified seven specific areas where foreign investment will be allowed through the automatic route. Kindly note automatic route is allowed for below mentioned industry that has the capital investment up to 500 million Nepalese Rupees. 

 

2. Amendment to Foreign Investment and Technology Transfer Rules, 2077

  1. Rule 8A(1) states that as per Sub-section (1) of Section 42 of the Foreign Investment and Technology Transfer Act, 2019 , the Government of Nepal may, by publishing a notice in the Nepal Gazette, allow the provision of services under the Automatic Route within the specified investment limit. he Government of Nepal can allow foreign investment services under the Automatic Route, such as: a.Setting up a 100% foreign-owned company or joint venture. b. Increasing capital in an existing foreign-invested company.
  2. Rule 8A(2) states that an electronic system will handle submissions for services under the Automatic Route.
  3. Rule 8A(3) states that foreign investors must submit required details and documents through the electronic system.
  4. Rule 8A(4) states that iinvestors should review and correct their entries before final submission.
  5. Rule 8A(5) states that verified details can be submitted electronically for approval.
  6. Rule 8A(6) states that investors will receive a confirmation email with an application number and can download the approval letter.
  7. Rule 8A(7) states that once confirmation is received, the investment is automatically approved under the Act.

 

3. Industries Eligible for FDI through Automatic Route

The notification  on 2 October 2023 (15 Ashoj 2080) lists the following are industries as eligible for FDI Automatic Route.

 

3.1. Energy-based industry

S.NIndustries
1Industries generating energy from wind, solar power, biomass, or other sources; industries manufacturing machines/equipment to be used for the generation of such energy
2Energy based on bio-gas
3Energy to be produced as a co-production of the sugar industry
4Study of energy potential

 

3.2. Agriculture and forest product-based industry

S.NIndustries
1Fruit and vegetable processing
2Establishing and operating greenhouse
3Silk processing
4Tea and coffee processing
5Medicinal herbs processing
6Rubber processing
7Cold store (storing local fruits and vegetables)
8Natural fiber processing
9Based on paper, resins, and other non-timber forest products
10Plant production through new technology (including tissue culture)
11Cotton processing

 

3.3. Infrastructure industry

S.NIndustries
1Motor vehicle parking house
2Export-related products processing zone
3Polluted water purification industries (wastewater treatment plant)
4Construction of film city, building film studio
5Construction and operation of the warehouse

 

3.4. Tourism industry

S.N.Industries
1Motel, hotel, resort, bar, and restaurant
2Funpark, water park
3Seminar conference and sports tourism

 

3.5. Information Technology-based industry

S.N.Industries
1Technology Park
2IT Park
3Biotech Park
4Software development
5Data processing
6Digital mapping
7Business Process Outsourcing (B.P.O.), Knowledge Process Outsourcing (K.P.O.)
8Data center, data mining, cloud computing
9Web portal, web designing service

 

3.6 Service industry

S.N.Industries
1Mechanical workshop
2Construction business
3Hospital
4Nursing home, polyclinic, rehabilitation home operation, physiotherapy clinic, ayurveda and other alternative hospital
5Sports service, swimming pool
6Garbage collection and sanitation, garbage recycling
7Veterinary services
8Health examination (services like X-ray, CT-Scan, MRI, ultrasound, and health testing lab)
9International courier service

 

3.7. Manufacturing industry

S.N.Industries
1Livestock and fish feed production
2Processing and packaging of poultry and fish
3Manufacturing of oil fats etc. from basic raw materials
4Manufacturing of starch, glucose etc.
5Manufacturing of bakery items
6Manufacturing of confectionery and biscuit
7Sugar manufacturing
8Beverage manufacturing (Non-Alcoholic)
9Production and reuse of textiles, garments, and clothing
10Manufacturing of electronic household appliances
11Manufacturing of goods using plastic and rubber
12Manufacturing of bags, sacks, suitcases, trolley bags and other carrying bags
13Making wooden materials except items based on traditional and cultural arts
14Manufacturing of toiletries such as toothpaste, soap and shampoo
15Manufacturing of articles using glass
16Production of bicycles, scooters, motorcycles, and motor vehicles and producing equipment used in them
17Production of electric lights, switches, meters, meter fuses, wiring harnesses, compressors and others
18Production of medical, surgical, and orthopedic products
19Manufacturing of electrical wires

 

 

4. Minimum Investment Amount

The same Gazetter has removed the requiredmed of investment threshold (current general threshold of NPR 20 million) for foreign investment for IT based industries listed on the same gazette. 

 

Date: 2024/12/30 

 

Disclaimer: Bhandari Law and Partners is one of the leading law firm in Nepal  with team of best professional lawyers in Nepal.This article published on website of the law firm is just for information purpose only. It shall not be taken as the legal advice, advertisement, personal communication, solicitation or inducement. Bhandari Law and Partners or any of the team members of the firm shall not be liable for the consequence arising of the information provided. As the factual situation may be different on your case, thereof if you need further legal advice on the subject matter, please Contact Us.

 

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