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THE INVESTMENT CODE

Chapitre III : Benefits granted

 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.

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© Panapress September 2002