F.E.
Circular No. 12 |
September 01, 2001 |
All
Authorized Dealers
in Foreign Exchange.
Dear
Sirs,
INVESTMENT
ABROAD BY RESIDENTS OF PAKISTAN
In
supersession of the instructions contained in F.E. Circular
No.11 of 1995, it has been decided to allow residents
of Pakistan including firms and companies to make equity
based investment (other than portfolio investment) in
companies (whether incorporated or not)/Joint Ventures
abroad on Repatriable basis, with prior permission of
State Bank of Pakistan and subject to the following guideline:
Criteria
for Permission to Allow Investment Abroad by Residents.
i)
Investment abroad is allowed only for those countries
that allow repatriation of profits, dividends and capital.
ii)
Only companies incorporated in Pakistan including foreign
controlled companies and firms owned by Pakistani Nationals
resident in Pakistan will be allowed investment under
the scheme.
iii)
The business activity of the company, firm, joint venture
in which investment is desired to be made should ordinarily
be of the same nature as that in which the investor is
already engaged in Pakistan, or in which the investor
has the potential to acquire sufficient expertise from
the market for running the business.
iv)
The investor should be financially sound as shown by its
audited accounts for the last three years. In the case
of a company in the I.T. business, however, the condition
of three years may be reduced to one year.
v)
The proposal should be economically viable as evidenced
from a feasibility report. It should have the potential
for future earnings of foreign exchange coupled with other
advantages to the country such as employment opportunities
for Pakistani nationals and improvement in national human
resources.
vi)
The funds proposed for investment should be legitimate
and tax paid, and the investor should have a clean record
of loan repayments.
vii)
Funding for the proposed investment abroad would be allowed
only from the inter-bank market or from funds available
in the foreign currency accounts of investors opened in
terms of FE 25 of 1998, or out of funds available in the
incremental deposits of frozen foreign currency accounts,
or from Foreign Currency accounts maintained by exporters
in terms of Para 29 Chapter XII of Foreign Exchange Manual/FE
25 of 2000 (net of amount paid to foreign importers/agents).
viii)
Small investments by individuals in a few shares of listed
companies abroad including participation by Pakistani
employees of subsidiaries of foreign companies in Pakistan
in their share option plans would, however, be permitted
without the detailed scrutiny outlined above.
ix)
The State Bank under the aforesaid guideline would also
deal with the proposals emanating from the Public Sector
Organizations providing financial services whereas the
concerned ministry would deal with the investment proposals
from all other public sector organizations.
2.
After making investment with the approval of State Bank
of Pakistan, the investor would be required to:
i. Make a return to State Bank on the
prescribed form V-97 through their banker within one month
of making the investment;
ii. To provide a copy of Certificate
of Incorporation and Certificate of Commencement of
Business in the country where investment will take place
to the Authorized Dealer along with copies of the share
certificates so invested and bonus issues, if any.
iii.
To repatriate the dividend/disinvestments proceeds of
the shares (including capital gains) to Pakistan through
normal banking channels. The amounts so received would
be converted to local currency by the bank concerned and
a Proceeds Realization Certificate in original evidencing
the same shall be filed by the owner with the State Bank.
Such amounts shall not be allowed for credit to a Foreign
Currency Account or for purchase of Pakistani securities
on Repatriable basis.
Detailed
applications for the purpose along with audited accounts,
particulars of Directors/Partners of the investor company/firm
(not required in case of individuals), name and address
of the foreign company/firm in which investment is desired
to be made, it’s line of business and particulars
of it’s Directors/Partners, should be forwarded
to Joint Director (Investment) Exchange Policy Department,
State Bank of Pakistan, Central Directorate, Karachi.
Please
bring the above to the notice of your constituents concerned.
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Yours
faithfully,
(M. R. MEHKARI)
Director |
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