By Sajid Chaudhry
ISLAMABAD: Ministry of Investment is planning to give the country a unique legislation-Investment Promotion and Protection Act-to protect local as well as international investors against political victimisation and ensuring continuity of economic policies in the country, Waqar Ahmed Khan told Daily Times during an exclusive interview here on Friday
The act of parliament would require the future government to honor in letter and spirit the investment agreements as well as Memorandum of Understandings signed by the government of Pakistan.
Legislation, first of its kind in the world, aims at protecting the investors from adverse changes in economic policy in subsequent governments as well as protection against political victimisation, Federal Minister for Investment, Waqar Ahmed Khan said. He said that draft of this unique legislation would be ready by next four months and after having consultation with federal ministries and provincial governments as well as after seeking advice from Supreme Court of Pakistan it would be presented before the Federal Cabinet for initial approval.
Although the constitution of the country provides protection to the investors under investment agreements signed with the present day government against unfavorable treatment in the future governments. However, this kind of protection is mainly available to the foreign investors only and local investors don't have any such protection. Some time, change in the government, put the investors in to difficulties in new set up and they face undesired situation resulting in outflow of investment from the country, he added. The investors have no choice to create political linkages in present political set up as well as future set to protect their investment as well as their rights.
He was of the view that for finalisation of draft of the Investment Promotion and Protection Act, changes or amendments in many existing laws would need to be made. While citing example of Investment Act 1976, he said that this law is totally outdated and doesn't meet the present day needs. Similarly, Economic Reforms Act, Land Laws, Securities and Exchange Commission of Pakistan's law, Tax Laws and other number of laws would be required to be amended so that aim of protection and promotion of investment in Pakistan is achieved.
He said that after enactment of new law by the Parliament, the investors would be protected in a way that they would not need to create political linkages in future political set for protection of their investment in Pakistan.
The new law would provide appeals in higher courts instead of lower courts for the speedy settlement of investment disputes between the parties in this regard, first stage of appeal is proposed to be high courts against the existing practices, he added. In this regard, The Ministry would also approach Supreme Court of Pakistan for seeking proper advice and guidance.
He said that to make this legislation more competitive to meet the international requirements, a legal experts group is to be formed including experts of international repute in the areas of investment, taxation, dispute settlement, international law as well as other domains. This expert group would be asked to recommend measures for making the proposed legislation according to the best international practices for promotion and protection of investment in the country.
He informed that new legislation aims at minimising chances of disputes with international investors by clearly defining the rights and obligations of the local as well as international investors.
He said that Pakistan is pursuing the most liberal investment policy in the South Asian region, new incentives and further liberalization measures including reduction in foreign equity from $0.5 million to $0.3 million, technology and special incentives including tax relaxation is being given on the projects of social, service, infrastructure, agriculture and international chain of food franchises. We are also offering zero import duties on capital goods, plant, machinery and equipment (not manufactured locally) without discrimination to both local and foreign investors.
The Federal Minister also said that investors who invest in the newly opened sectors can import plant, machinery & equipment on concessional rates and they can also avail first year allowance of 50 percent of the cost of plant, machinery & equipment. Zero import duties on raw materials used in the production of exports is also being offered.
Waqar Ahmed Khan further said that a large number of tariff and non-tariff barriers are being removed, and the negative and prohibited list of imports has also been reduced, export incentives are being broadened and Ministry of Investment is putting its best efforts to modify the visa policy of Pakistan to make it more attractive to the foreign investors. Besides, Special Industrial Zones (SIZs) are being established with hefty fiscal incentives to attract foreign investment in export-oriented industries. An important achievement of Ministry of Investment in this period is that the various foreign potential companies are showing their keen interest to explore the untapped resources especially in power generation, oil and gas, agri-farming, affordable housing, infrastructure and engineering sectors, he added.
The Minister said that investment, particularly foreign direct investment (FDI), is now perceived in many developing countries as a key source of much-needed capital, advanced technology, and managerial skills. Realising its central importance to economic development, the present government has taken wide-ranging steps to liberalise its inward investment regime and have succeeded in attracting substantial amount of foreign investment. Moreover, the present government is taking dynamic steps to further strengthen the fiscal graph of Pakistan 's economy. “We believe in open door policy and Government of Pakistan is earnestly trying to restore the confidence of foreign investors,” he said.