This information is derived from the State Department's Office of Investment Affairs’ 2017 Investment Climate Statement. Any questions on the ICS can be directed to EB-ICS-DL@state.gov
Last Published: 7/4/2017

Policies Toward Foreign Direct Investment

The GON is very committed to attracting FDI and has repeatedly pledged to take whatever steps necessary to encourage privatization and increase trade. In the past several years, new investor codes have been implemented (the most recent being in 2014), transparency has improved, and customs and taxation procedures have been simplified. While there are no laws that specifically discriminate against foreign and/or U.S. investors, several international business representatives highlighted what they believe are “unrealistic expectations,” and they have complained that the GON seeks to collect unreasonably high taxes in sectors such as telecommunications and mining. Still, the GON has demonstrated a willingness to negotiate with prospective foreign investors on matters of taxation and customs. Under the current Investment Code, industrial investments can enjoy certain tax and customs exemptions, including in some cases exemptions from the value-added tax (VAT). Foreign investment is facilitated by the Chamber of Commerce, which is under the authority of the Ministry of Commerce, and provides assistance and advice to business project promoters, promotion of economic activities through fairs, shows, exhibitions and trade missions and counseling on all legal, fiscal, and economic issues.

Limits on Foreign Control and Right to Private Ownership and Establishment

Foreign and domestic private entities have the right to establish and own business enterprises. Total foreign ownership is permitted in most sectors except energy, mineral resources, and sectors restricted for national security purposes. In the extractive industries, any company to which the GON grants a mining permit must give the GON a 10 percent share of the company. This law applies to both foreign and domestic operations. The GON also reserves the right to require companies exploiting mineral resources to give the GON up to a 33 percent stake in their Nigerien operations. Foreign ownership of land is permitted but requires authorization from the Ministry of Planning. In 2015, under the auspices of the Ministry of Trade, the GON validated a new Competition and Consumer Protection Law, replacing a 1992 law that was never fully operational. Niger also adheres to the Community Competition Law of the West African Economic and Monetary Union (WAEMU).
Article 10 of the country’s Investment Code, states that the Commission des Investissements (investment commission) has the right to review an investment proposal if a foreign investor requests government approval for such a proposal. The commission can also impose sanctions if the foreign firm failed to abide by the procedures outlined in the Investment Code. The law guarantees equal treatment of investors regardless of nationality.

Other Investment Policy Reviews

In the past three years, the government has not undergone any third-party investment policy reviews through a multi-lateral organization. Neither the United Nations Conference on Trade and Development (UNCTAD) nor the Organization for Economic Cooperation and Development (OECD) has carried out a policy review for Niger.

Business Facilitation

The one-stop shop is operational at Maison de l’Entreprise’s website. The Chamber of Commerce is in the process of creating a one-stop shop (guichet) designed to enhance business facilitation by mainstreaming and simplifying the procedures required to start a business. Further reforms have included the creation of an e-regulations website which allows for a clear and complete registration process. Foreign companies may use this website, although French appears to be the only language used on the website. The website lists government agencies, with which a business must register. Business registration should take no more than three days.

Outward Investment

While the GON does not restrict domestic investors from investing abroad, there is very little FDI extending from businesses within Niger to other nations.
 

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