The PPT is intended for the certain data that the businessmen can use.

1. DICA the efficient.
Aung Naing Oo
Director General / Secretary
MIC
INVESTMENT ENVIRONMENT IN MYANMAR

2. DICA the efficient.
Manufacturing Infrastructure Agriculture Tourism
Investment Promoted Sectors

3. DICA the efficient.
Oil and Gas
33.45%
Electric Power
30.29%
Manufacturing
10.91%
Telecommunication
8%
Real Estate
5%
Top Invested Sectors

4. DICA the efficient.
Foreign Investment in Myanmar
(2011-2012 to 2016-2017 October)
0.000
1000.000
2000.000
3000.000
4000.000
5000.000
6000.000
7000.000
8000.000
9000.000
10000.000
Other Services
Industrial Estate
Real Estate
Hotel and Tourism
Transport & Communication
Trading
Oil and Gas
Power
Manufacturing
Mining
Livestock & Fisheries
Agriculture

5. DICA the efficient.
UK Investment in Myanmar
(1988-89 to 2016-2017 October)
0.000
500.000
1000.000
1500.000
2000.000
2500.000
3000.000
3500.000
3075.025
346.675 202.500 159.444 138.544 112.535 25.225 20.000
(US$ in Million)

6. DICA the efficient.
Accumulated UK Related investment in Myanmar
0.000
500.000
1000.000
1500.000
2000.000
2500.000
3000.000
3500.000
4000.000
4500.000
UK Direct Investment
under FIL
UK Related Investment
under FIL
4079.948
115.422
UK Direct Investment under FIL
UK Related Investment under FIL
(US$ in Million)

7. DICA the efficient.
Positioning ASEAN and Myanmar in the
Regionalism

8. DICA the efficient.
Myanmar Investment Law

9. DICA the efficient.
New Myanmar Investment Law
Myanmar
Citizens
Investment
Law (2013)
Foreign
Investment
Law (2012)
Myanmar
Investment
Law

10. DICA the efficient.
Scope of New Myanmar Investment Law
Apply
• Any existing or new investments within
the Union on the date of entry into force
of this Law.
• Any Investment-related Measures adopted
or maintained by government departments
and governmental organizations
Not Apply
• Any investment disputes in existence or
any permitted investment which suspends
their business operation before the date of
entry into force of this law.
• Any measures under the provisions of
Chapter (21) (Exceptions) and (22)
(Security Exceptions) of this Law
Myanmar
Investment
Law

11. DICA the efficient.
Myanmar Investment
Commission (MIC)
Directorate of
Investment and
Company
Administration
(DICA)
Role of the Myanmar Investment Commission
 MIC Mandate and Functions include: acting as
investment promotion agency; investment
facilitation; advise on investment policies;
reviewing on incentives; responsible business;
investment grievance mechanism.
 Report periodically to the President and
Pyidaunghsu Hluttaw on the progress and issues of
investment in the Union.
 Annual Review and proposal to eliminate sectors
from restricted list;
 Delegation of certain functions to Chairman and
Members except powers to make Rules;
 Encourage Responsible Investment.

12. DICA the efficient.
Admission of Investment
Investment in Any Allowed Sector
Enterprise Registration
Endorsement MIC Permit
ApprovalNotification for Endorsement

13. DICA the efficient.
Submitting Proposal
•Businesses that are strategic
for the Union
•Large capital intensive
investment projects
•Projects which have large
potential impact on the
environment and the local
community
•Business carried out in State-
owned land and building
•businesses which are
designated by the government
to require the submission of a
proposal to the Commission
Submitting
Proposal
(Section 36)

14. DICA the efficient.
Endorsement Application Submission
Business except
where it concerns
investments
stipulated under
section 36
Not required to submit
a Proposal to the
Commission
Endorsement
application to the
Commission
To enjoy the Rights to Use Land
under Chapter (12) and
Exemptions and Reliefs under
sections 75,77 and 78

15. DICA the efficient.
Restricted sectors (Negative list)
Prohibited Sectors
(S. 41)
• Hazardous/ poisonous
• Untested technologies
unless R&D business
• Damage to
environment
• Affect Public Health
• Prohibited under other
laws
Restricted (S.42)
• Limited to
Government (e.g.
power transmission)
• Restricted to Foreign
Investors
• JV between foreign
and citizen investors
• Notification by MIC
(e.g. Notification 26),
subject to review if
need to liberalise,
amend or remove
Special (s.46)
• Significant impact on
security, economic
condition, the
environment and
national interest
• Approval from
Parliament

16. DICA the efficient.
Investors’ Rights and Protections
Fair &
Equitable
Treatment
(s.48)
National
Treatment
(s. 47 (a) and
Most
Favored
Nation
Treatment
(s. 47(b))
Rights to
Use Land
(s. 50)
Right to
Employ
Expatriates
(s.51)
Investment
Guarantee
(s.52)
Transfer of
Funds
(s.56)

17. DICA the efficient.
Conditions for Expropriation
 Senior
Manager
 Expert
 Advisor
The work which does not
require skills
Guarantees not to expropriate or nationalize or indirect
expropriation to any investment
 For a public interest
 In a non-discriminatory manner
 In accordance with due process of law
 The investors are to be provided with prompt, adequate and effective
compensation
Conditions
for
expropriation

18. DICA the efficient.
Conditions for and indirect Expropriation (S.55)
Case-by-case and fact-based inquiry that takes into consideration the
following factors:
(a) Whether the action creates an intentional adverse effect on the
economic value of an investment;
(b) Whether the action breaches the Union Government’s prior binding
written commitment, contract, license, or other legal documents issued
in favor of the investor; and
(c) Whether the government action, including the objective contained in
section 52 (a), is consistent or not to the public interest.

19. DICA the efficient.
Removal of Blanket Incentives
Notifications on Zones/ Investment Activities
Allows for special treatment of domestic SMEs
Exemptions and Reliefs

20. DICA the efficient.
Income Tax
Exemption & Relief
Exemption from
Customs Duty & Other
Internal Taxes
Other
Exemption & Relief
Exemption & Reliefs
 Incentive is not granted automatically
 Investors may apply one or more than one the exemptions and
reliefs
Incentives under New Myanmar Investment Law

21. DICA the efficient.
Zone(1)
Least- Developed
Regions and States
Income Tax Seven Years
Zone(2)
Moderately Developed
Regions and States
Income Tax Five Years
Zone(3)
Adequately Regions and
States
Income Tax
Three Years
Incentives under New Myanmar Investment Law

22. DICA the efficient.
Settlement of Disputes
Amicable
Settlement
Court or
arbitral
tribunal in
accordance
with applicable
laws
Other
methods
stipulated
in the
agreement
MIC shall establish and manage a grievance mechanism to prevent the
occurrence of disputes, claims and settlement of disputes (S.82)

23. DICA the efficient.
General and security Exceptions
 Government may maintain reasonable non-discriminatory measures for
prudential reasons, such as:
a) the protection of investors, depositors, financial market participants,
policy-holders, policy-claimants, or persons to whom a fiduciary
duty is owed by a financial institution;
b) the maintenance of the safety, soundness, integrity or financial
responsibility of financial institutions; and
c) ensuring the integrity and stability of the Union's financial system.
 May take measures necessary for the protection of its essential security
interests.

24. DICA the efficient.
Way Forward
18 October
2016
December,
2016
January, 2017
February, March,
2017
1 April 2017
Law enacted
First draft of
Rules
Consultation &
Completion of
Rules
Procedures &
Notifications
Commencement
of New Law

25. DICA the efficient.
Thank You
www.dica.gov.mm
majanoo@gmail.com
Cooperator of Business Community,
Developer of National Economy
DICA