| Sudan Investment Regulations |
| Authorizing An Investment Project: |
- 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.
- Notwithstanding the provisions of clause (1), the foreign investment
licenses shall not be issued by the states.
- Federal ministers are in charge with offering licences for foreign
investment in accordance with the rules of this law.
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| Presentation of Feasibility Study: |
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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.
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| Application for Licencing, Privileges and Facilities: |
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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.
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| Licencing Procedures: |
- 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.
- 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.
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| Investment Maps: |
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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.
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| The Delivery of the Project's Land: |
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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.
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| 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
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| 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.
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| The Investor's Infringement of the Provisions of this Act: |
- 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.
- 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.
- 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.
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