Foreign Investment Law and its Executive Regulation

Article 1

Previous Amendments
  • The following words and phrases shall have the meanings indicated next to each of them unless the context requires otherwise:

  • A- Deleted.

  • B- Deleted.

  • C- The Ministry: Ministry of Investment.

  • D- The Minister: Minister of Investment.

  • E- Foreign Investor: A natural person who does not hold Saudi Arabian nationality or a legal entity in which none of the partners hold Saudi Arabian nationality.

  • F- Foreign Investment: The employment of foreign capital in an activity licensed under this law.

  • G- Foreign Capital: Foreign capital in this law refers to, but is not limited to, the following funds and rights when owned by a foreign investor:

    • 1- Cash, securities, and commercial papers.

    • 2- Profits from foreign investment if reinvested to increase capital, expand existing projects, or establish new projects.

    • 3- Machinery, equipment, installations, spare parts, means of transport, and production supplies related to the investment.

    • 4- Intellectual rights such as licenses, intellectual property rights, technical knowledge, administrative skills, and production methods.

  • H- Goods Establishments: Projects producing industrial and agricultural goods (plant and animal).

  • I- Service Establishments: Service and contracting projects.

  • J- The Law: Foreign Investment Law.

  • K- The Regulation: Implementing Regulation of this law.

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Article 2

Previous Amendments

Without prejudice to the provisions of laws and agreements, the Ministry shall issue a license for foreign capital investment in any investment activity in the Kingdom, whether permanent or temporary.
The Ministry shall issue a decision on the investment application within 30 days from the date of submission of all the documents required by the regulations. If the specified period lapses without the issuance of a decision by the Ministry on the application, the Ministry shall be obligated to issue the required license
to the investor.

If the Ministry rejects the application within the prescribed period, the decision must be justified, and the party whose application has been rejected shall have the right to appeal such decision according to the laws.

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Article 3

Previous Amendments

The Permanent Ministerial Committee for Examining Foreign Investments is responsible for issuing a list of types of activities exempted from foreign investment.

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Article 4

Subject to the provisions of Article 2, a foreign investor may obtain more than one license for different activities, and the regulations shall specify the necessary requirements.

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Article 5

Foreign investments licensed under the provisions of this Law may be in either of the following forms:
1. Firms jointly owned by a national investor and a foreign investor.
2. Firms entirely owned by a foreign investor.

The legal form of the firm shall be determined in accordance with the laws and directives.

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Article 6

A project licensed under this Law shall enjoy all the benefits, incentives, and guarantees extended to a national project in accordance with the laws and directives.

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Article 7

A foreign investor may repatriate its share that is derived from the sale of its equity, the liquidation surplus, or from profits generated by the firm, or may dispose of it in any other lawful manner. The foreign investor may also transfer the amounts required to settle any contractual obligations related to the project.

Article 8

A foreign firm licensed under this Law may acquire necessary real estate as needed for operating the licensed activity, or for housing all or some of its staff, subject to the provisions governing real estate ownership by non-Saudis.

Article 9

The foreign investor and its non-Saudi staff shall be sponsored by the licensed firm

Article 10

Previous Amendments

The Ministry shall make available to all interested investors the required information, clarifications, and statistics as well as provide them with all services and carry out all procedures to facilitate and complete all investment related transactions.

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