Sudan Investment Regulations
Authorizing An Investment Project:
  1. Notwithstanding the provisions of article (4), no one is allowed to establish a project in the Sudan or contribute in it unless he has obtained a license from the authorised minister of the concerned minister.
  2. Notwithstanding the provisions of clause (1), the foreign investment licenses shall not be issued by the states.
  3. Federal ministers are in charge with offering licences for foreign investment in accordance with the rules of this law.
Presentation of Feasibility Study:

Any project shall not be licensed, granted any privileges, facilities or guarantees provided for by this Act unless a technical and economic feasibility study has been presented.

Application for Licencing, Privileges and Facilities:

An application for licencing of any project or request for privileges and facilities which are provided for by this Act shall be submitted before the authorised minister or the concerned minister in a special form set for this purpose.

Licencing Procedures:
  1. The authorised minister of the concerned minister shall decide on the licencing application within a duration not exceeding one month beginning from the date of reception of application meeting the conditions.
  2. Applicants have the right to complain to the Council of Ministers or the state government to decide the applicant's complaint within a reasonable period beginning from the reception of the application.
Investment Maps:

Notwithstanding Article 8 (2) of the 12th Constitutional Decree, the General Administration for the Promotion of Investment shall prepare, in accordance with the polices and the directives of the National Council for Economic Planning, the national investment map, provided that it includes specific proportion of the federal projects in the states and to be submitted to the Council of Ministers for approval and that the investment map should include sectors' investment maps which are prepared by the investment administration provided for by the Article 29.

The Delivery of the Project's Land:

The concerned federal or statal authority shall hand over the land assigned for the project which is determined by the investment map within a duration not exceeding two months from date of authorization.

Conditions of Validity of Authorization, Privileges and Facilities:
The investor shall not adopt any of the procedures below during the term of applicability of the license, privileges and granted facilities according to rules of this act without obtaining a written approval from the minister with recommendation of the authorised minister of the concerned minister:
  • Ammending or changing the size of the project or the goal for which the license is awarded, or transferring the project from its location stipulated by the authorization to another place.
  • Dispose of the project or its equipment, machinery, raw materials entirely or partially through either donation, selling or partnership.
  • Using any of the equipment, machinery, resources and spare-parts for which the privileges and facilities are awarded for any other purpuse.
  • Changing the purpose of the land assigned for the project or selling, morgaging or leasing it entirely or partially
The investor shall:
  • Start executing his project within a duration not exceeding 12 month beginning from the authorization date unless it is prolonged by the authorised minister or concerned minister.
  • Submit a regular report every three months to the authorised minister or the concerned minister during the privileges and facilities validity term on the progress of the execution of the project up to the start of production and resumption of activity.
  • Keep regular registering and records showing assets exempted from the customs duties and also the exempted imported materials.
  • Submit a copy of the project annual accounts certified by an auditor during the validity of privileges and facilities term to the authorised minister or the concerned ministers.
The Investor's Infringement of the Provisions of this Act:
  1. The investor is considered commiting a violation of the provisions of this act if he:
    • Breaches provisions of Articles 14,20.
    • Gives false or misleading information or uses illegal means for obtaining any kind of benefits for himself or other person according to the rules of this law.
    • Halts the project without an adequate reason.
    • Breaches the country's laws in a way that threatens its security and stability.
  2. Notwithstanding any penulty stipulated by any law, the authorised minister or the concerned minister may, when the investor commits one of the contravention stipulated by Article (1) of this Act, inflict one of the following penalties according to the magnitude of the violation, the circumstances of its committing and the degree of the harm it causes to the national economy. The penalties include:
    • The investor shall be warned to remove the reasons of the contravention if it is possible within the duration he determines.
    • Shortening the duration or reducing the magnitude of any privileges granted to the project.
    • The depriving from any of the privileges, facilities and guarantees stipulated by the provisions of this law.
    • Cancellation of license, privileges and facilities completely or partially a matter which leads to the expropriation of the land allocated for the project in accordance with this law and that the investor shall be obliged to return the values of the material benefit he gained consequent of obtaining any of the previous privileges or facilities if the gaining of the benefit is resulting from the reason which led to the issuance of the cancellation decision.
  3. The investor against whom the decision is taken in accordance with clause (2) may complain to the Council of Ministers or the state government according to the circumstance within one month from the date of the issuance of the decision. Although the decision in this case is considered as a final judgement, it shall not prevent the investor from resorting to courts.