Article
19 :
The
benefits granted vary according to the location
of the project. For the purpose hereof,
the Ivorian territory shall be divided into
two zones labelled A and B and determined by decree.
The period of an approval shall be :
- 5 years for investment projects implemented
in zone A ;
- 8 years for investment projects implemented
in zone B.
To
this period,
shall be added the implementation
time of the investment project.
The
benefit enjoyment involves two steps
:
- the deadline for the investment project implementation
;
- the implementation
time itself.
The
maximum deadline for the project implementation shall be determined by
approval bylaw.
Article 20 :
Approved
enterprises shall benefit, for the implementation
of their projects concerning a starting
up or an extension, from the following advantages
:
- application
of a single and preferential 5 % import
duty (customs and import
duties)
on equipment and materials as well as the first loading of spare
parts
for an investment within the lower and upper
limits ;
There
shall be no exemption under this article
for :
- building materials
;
- tourism
vehicles ;
- chattels.
Article 21 :
Approved
enterprises undertaking the starting up
of an investment project are exempted from
the duties and taxes listed below during
the period of approval on the basis of the
investment amount :
1) For an investment value between
the lower limit and the upper limit, the
exemption
concerns the following duties and taxes
:
- taxes
on business profits ;
- licence contribution.
2) For an investment value at least
equal to the upper limit, the exemption
concerns the following duties and taxes
:
- taxes
on business profits ;
- licence contribution ;
- house
taxes.
These
exemptions are scaled down to 50 %, then
25 % of the taxes and duties normally due
respectively before the penultimate and
last year of the benefit enjoyment period.
TITLE IV : General guarantees.
Article 22 :
The
individual or legal entities referred to
under Article 1 shall receive, subject to the provision of Titles II and III, the same treatment
in terms of rights and responsibilities
under this Code.
Foreign
individual and legal entities shall receive the same treatment without any prejudice to any treaties and agreements entered into by
the Republic of Côte d’Ivoire with other States.
Article 23 :
Non
resident individual or legal entities under
the exchange control regulations affecting
an investment in Côte d’Ivoire financed in convertible currencies, shall be
entitled, under these regulations, to transfer
to their resident country any type of income
accruing from their invested capital as
well as the proceeds from liquidation.
Article 24 :
Any
dispute arising between
foreign individual or legal
entities and the Republic of Côte d’Ivoire relating to the enforcement of this Code, shall be settled by the courts
of the Republic of Côte d’Ivoire or by an arbitration court when the conditions listed below apply :
- the agreements and treaties on investment
protection are entered into by the Republic
of Côte d’Ivoire and the State of which
the foreign individual or legal entity concerned
is a national ;
- a conciliation
and arbitration procedure
mutually agreed upon by the parties ;
- the Convention
of 18th March, 1965 on the Settlement
of Investment Disputes between States and the nationals of
other States prepared under
the auspices
of the International Bank for Reconstruction
and Development and
ratified by the Republic of Côte d’Ivoire by decree n° 65-238 of 26th June
1965 is applicable ;
- the entity concerned does not fulfil the nationality criteria set forth in
Article
25 of the above mentioned Convention
in accordance with the provisions of the
regulations of the Supplementary Mechanism
approved by the Board of Directors of the
International Centre for the Settlement
of Investment Disputes (ICSID). The consent
of the parties with regard to the competence
of the ICSID or of the Supplementary Mechanism,
as the case may be, required by the instruments
governing them, shall, for the Republic of Côte d’Ivoire, be constituted by this article
and is expressly contained in
the approval application for the
entity concerned.