There is a plea to include items like mango, bicycles and its parts, life saving drugs, cosmetics, fertilizers, imitation jewellery, textiles and pan-masala in the list of the trade agreement. Its also suggested to reach an agreement between the United Bank of India, Moreh branch and Myanmar Economic Bank, Tamu branch both designated banks to enable smooth trade operations at the Manipur border post.
There is demand for transport subsidies and more facilities to importers and exporters especially those dealing with Myanmar. There should be creation of special economic zone to facilitate the bilateral trade. There is plea for maximum relaxation on the movement of the traders as the existing land pass issued by the Myanmar authority is usable due to restriction on traveling through land from Moreh to other parts of Myanmar.
There is also demand that Indian government should introduce International bus service linking Moreh with Mandalay. Till date, the Burmese junta does not allow the Indians to visit Burma through land routes. There are provisional entry facilities for Indian tourists through Moreh-Tamu trade point but tourists are asked to come back the same day before evening. Hence, it is an impossible for the tourists to visit Mandalay, which needs at least 12 hours to arrive there from Moreh-Tamu point.
The bus service linking Moreh with Mandalay would not only just help the traders, but also bring in tourists from Myanmar to India. The poor bilateral trade is apparently due to currency exchange problem on India-Myanmar border. It is still unknown how much the move to close all dollar accounts and its substitution with Euro accounts has helped improving India- Myanmar border trade.
Recently the Myanmar Government has approved that border trade with five neighboring countries including India would be conducted in Euro as well as the currencies of the countries concerned. India even though being the major producer of pulses still depends on imports for 50 percent of its demand.
India has also announced to do away with the import duties on the pluses. Majority of pulses requirement of India comes from Myanmar whose 60 per cent of total global supply is made to India. However, India is finding it difficult to negotiate import of pulses from Myanmar as private traders dominate the market in the neighboring country.
The Government is aware of such intricacies but has no other go then to remain dependent on Myanmar to check the spiraling prices of pulses and also to meet its shortages. India and Myanmar are vying with each other to dominate the world spice market particularly in curry or sauce ingredients-turmeric.
India, which has a major say in this spice but of late is facing stiff competition from Myanmar. The high price of Indian turmeric was due to its low production and huge demand in the local market. However, things have started looking up for India. The turmeric prices have stabilized in the domestic market due to bumper crop early this year.
Myanmar produces about 90 million kilograms of tea annually with about 65 percent of the crop grown in northern Shan state. Tea is used in various religious and social functions, including royal ceremonies. There are three types of tea produced in Myanmar; Green, Black and Pickled. Green-tea accounts for 52 percent of its production, Black-tea 31 percent and Pickled-tea 17 percent.
Black tea is an essential ingredient of a popular national snack. A Myanmar business delegation recently visited tea gardens in Assam and sought Indian technological help to boost its tea production. Myanmar is keen on importing available tea technology from India. They want the help of Indian tea industry in producing more tea and also improving its quality. The Niligris tea estates in South India have still not stepped in to seize this opportunity.
Myanmar is a well known producer of gems in the world. Gem trade is major foreign currency earner for Myanmar which started to hold gem sale shows annually since On the India-Myanmar border, gem smuggling is a major issue. Gems like rubies, yellow diamonds and jade are often smuggled from Myanmar and sold to the Indian traders.
However, due to the lack of knowledge to distinguish the real and fake gems, the smugglers are having a field day duping the Indian traders. The Government of India is making efforts to stop gem smuggling on the Indo-Myanmar border. It has recently started a gem training programme in Mizoram where youths are trained to judge the quality and the purity of the gem.
India faces the problem of narco-terrorism through the porous Myanmar border wherein drugs are smuggled to India and exchanged for arms and ammunition. According to a report, the Indian army last year alone, seized drugs worth over 30 crore rupees in the international market from the Myanmar border. Myanmar remains the primary source of drugs problem in Manipur, Mizoram and Nagaland.
Number of agreements has been signed between India and Myanmar since to collaborate to fight the drugs menace along their common border. Border fencing is important to check narco-terrorism along India-Myanmar border. It has also ordered the fencing of the 14 kilometers of the porous international boundary at Moreh in Manipur.
The exhibition will be another Indian event in Yangon after the Confederation of Indian Industry held a "Made in India" industrial show in February In that event iron and steel products, construction materials, medicine and medical equipment, cosmetics, garment, handicraft, leather ware, farming equipment, electronic products and kitchen ware put on display. Its also expects that Indian SMEs after the exhibition would invest in various industries in Myanmar in major way.
India has already concluded a free trade agreement with Sri Lanka in and with Thailand in It is yet to finalize this agreement with Bangladesh and Myanmar. However, the fear among them is giving concessions under rules of origin may lead to third country imports flowing into the markets of member countries on preferential terms. India is debating this issue very seriously as there are cases that under the garb of free trade agreement, non-BIMST countries have used Sri Lanka and Thailand as convenient destinations to dump their products into India.
India and Myanmar are considering series of initiatives for expansion of border trade between the two countries. If accepted, the MIC will review the proposal and reach a decision within 90 days. The MIC issued a March statement granting authority to state and regional investment committees to approve any investment with capital of under USD 5 million. Such investments no longer require approval from the MIC. To attract foreign and domestic investors, the MIC has released lists of townships that fall under three different zones: underdeveloped, moderately developed, and adequately developed.
Investors will receive a tax break of seven years, five years, or three years when they make investments in these respective zones. A total of townships fall under the least-developed-zone category. Burma does not promote outward investment, but it does not restrict domestic investors from investing abroad. It has also signed bilateral investment agreements with Israel and Vietnam although these have not yet entered into force.
Burma does not have a bilateral investment treaty or a free trade agreement with the United States. Burma does not have a bilateral taxation treaty with the United States. Burma lacks regulatory and legal transparency. In the past, all regulations were subject to change with no advance or written notice, and without opportunity for public comment. Some ministries now engage in public consultation before finalizing bills for parliamentary consideration or issuing new regulations and this practice is becoming more widespread.
For instance, the government solicited public comments on the Investment Law, including the drafting of the rules and regulations, which went through three rounds of public consultations. While there is no legal requirement to have public consultation, 75 percent of parliamentarians are elected representatives of their constituencies and are expected to respond to public engagement.
An active and vocal civil society also results in more public discourse about proposed legislation and regulations than in the past. The government of Burma publishes information online on government websites and has established websites through which businesses can access trade information. The Ministry of Planning and Finance has published quarterly budget execution reports, six-month-overview-of-budget-execution reports and annual budget execution reports on its website since FY A forestry sector report is expected in While Burma is not in compliance with WTO notification requirements, the government developed a WTO notification strategy that should increase the number and quality of notifications.
Every state and region has a High Court, with lower courts in each district and township. High Court judges are appointed by the President while district and township judges are appointed by the Chief Justice through the Office of the Supreme Court of the Union. The Ministry of Home Affairs, led by a minister appointed by the Commander-in-Chief but reporting to the President, retains oversight of the Myanmar Police Force, which files cases directly with the courts.
While foreign companies have the right to bring cases to and defend themselves in local courts, there are concerns about the impartiality and lack of independence of the courts. Since April , foreign companies can pursue arbitration in a third country.
However, the Arbitration Law does not eliminate all risks. There is still a limited track record of enforcing foreign awards in Burma and inherent jurisdictional risks remain in any recourse to the local legal system. The MIC plays a leading role in the regulation of foreign investment, and approves all investment projects receiving incentives except those in special economic zones, which are handled by the Central Working Body, set up under the existing Special Economic Zone Law.
Joint ventures between foreign investors and SOEs are the responsibility of the relevant line ministries. There is no evidence that the MIC discriminates against foreign investors. Investment approvals are made on a case-by-case basis.
The MIC evaluates foreign investment proposals and stipulates the terms and conditions of investment permits. The MIC accepts or rejects an application within 15 days, and decides whether to approve the proposal within 60 days. The Chairman of the MIC gives the final approval. Joint ventures with military-controlled enterprises require MIC approval and abide by the same rules as other investments. Many smaller investments may go unrecorded. Once licensed, foreign firms may register their companies locally, use their permits to obtain resident visas, lease cars and real estate, and obtain import and export licenses from the Ministry of Commerce.
Foreign companies may register locally without an MIC license, in which case they are not entitled to receive the benefits and incentives provided for in the MIL. A Competition Law was passed on February 24, , and went into effect on February 24, The objective of the law is to protect public interest from monopolistic acts, limit unfair competition, and prevent abuse of dominant position and economic concentration that weakens competition.
The law classifies four types of behavior as sanctionable violations: acts restricting competition applicable to all persons ; acts leading to monopolies applicable only to entrepreneurs ; unfair competitive acts applicable only to entrepreneurs ; and business combinations such as mergers.
Burma is not party to any bilateral or regional agreement on anti-trust cooperation. The MIL prohibits nationalization and states that foreign investments approved by the MIC will not be nationalized during the term of their investment. In addition, the law guarantees that the government of Burma will not terminate an enterprise without reasonable cause, and upon expiration of the contract, the government of Burma guarantees an investor the withdrawal of foreign capital in the foreign currency in which the investment was made.
In , the Burmese parliament enacted the Arbitration Law, putting the New York Convention into effect see international arbitration below. To date, Burma has not been party to any investment dispute. In addition, Burma has not been party to any dispute settlement proceeding at the WTO. Under the Arbitration Law, local courts should recognize and enforce foreign arbitral awards against the government unless a valid ground for refusal to enforce exists.
International Commercial Arbitration and Foreign Courts. For example, the provisions relating to the definition of an arbitration agreement, the procedure of appointing arbitrator s and the grounds for setting aside an award are mirrored in the Arbitration Law and the Model Law; however there are some differences between these two laws.
For instance, while parties are free to decide on the substantive law in an international commercial arbitration, the Arbitration Law provides that arbitrations seated in Burma must adopt Burmese law as the substantive law.
This may create uncertainty as to what can be defined as an international commercial dispute, since parties are allowed to adopt any foreign law as substantive law. According to the Arbitration Law, foreign arbitral awards can be enforced if they are the result of a commercial dispute and were made at a place covered by international conventions connected to Burma and as notified in the State Gazette by the President.
If the Burmese court is satisfied with the award, it has to enforce it as if it were a decree of a Burmese court. There is no bankruptcy law in Burma. Existing, antiquated insolvency laws — such as the Insolvency Act of and the Insolvency Act of — are rarely used.
According to the MIL, investors may enjoy corporate tax exemption for seven, five or three years depending on whether investment takes place in underdeveloped, moderately developed or adequately developed regions, although income tax exemptions shall be granted only to investments in promoted sectors such as agriculture, manufacturing, power generation, etc. MIC permit holders are entitled to tax incentives and the right to use land. With a MIC permit, foreign companies can lease regional government approved land for initial periods of up to 50 years, and with the possibility of two consecutive ten-year extensions.
DICA is officially mandated to coordinate investment promotion under the MIC, although different ministries and agencies promote investment in different sectors e. DICA is responsible for encouraging and facilitating foreign investment by providing information, fostering coordination and networks between investors, and continually exploring new opportunities in Burma that would benefit both the nation and the business communities.
The Myanmar Economic Zones Law also contains specific investment incentives. Under the law, investors located in an SEZ may apply for income tax exemption for the first five years from the date of commencement of commercial operations, followed by a reduction of the income tax rate by 50 percent for the succeeding five-year period.
Foreign investors must recruit at least 25 percent of their skilled employees from the local labor force in the first two years of their investment. The local employment ratio increases to 50 percent for the third and fourth years, and 75 percent for the fifth and sixth years. The investors are also required to submit a report to MIC with details of the practices and training methods that have been adopted to improve the skills of Burmese nationals.
Foreign investors are not required to use domestic content in goods or technology. Burma is currently developing laws, rules and regulations on information technology IT. The MIL provides that any foreign investor may enter into long-term leases with private landlords or — in the case of state-owned land — the relevant government departments or government organizations, if the investor has obtained a Permit or Endorsement issued by the MIC.
Upon issuance of a Permit or an Endorsement, a foreign investor may enter into leases with an initial term of up to 50 years with the possibility to extend for two additional terms of ten years each. Longer periods of land utilization or land leases may be allowed by the MIC to promote the development of difficult-to-access regions with lower development.
In September , Burma amended the Vacant, Fallow, and Virgin Lands Management Law and required occupants of land considered vacant, fallow or virgin to go to the nearest land records office and register within a six-month period. The six-month deadline was intended to offer clear title to lands for investment and infrastructure construction.
However, controversy exists over which lands were designated as vacant, fallow or virgin and whether the notification or registration period was sufficient. The policy includes provisions on ensuring the use of effective environmental and social safeguard mechanisms; improving public participation in decision-making processes related to land use planning; improving public access to accurate information related to land use management; and developing independent dispute resolution mechanisms.
The policy is to be updated every five years as necessary and stipulates that a new national land law will be drafted and enacted using this policy. The policy also establishes the National Land Use Council. Chaired by the Vice President, the council constitutes the highest authority within the government presiding over land issues, and is intended to ensure the policy and new national land law are implemented and used as a guide for the harmonization of all existing laws relating to land in the country.
A continuing area of concern for foreigners involves investment in large-scale land projects. Property rights for large plots of land for investment commonly are disputed because ownership is not well established, particularly following a half-century of military expropriations. It is not uncommon for foreign firms to face complaints from local communities about inadequate consultation and compensation regarding land.
Condominium owners shall also have the shared ownership of both the land and apartment. In the Ministry of Construction pasted the Condominium Rules, implementing and clarifying provisions of the Condominium law. One clarification per the rules is that state-owned land may be registered as condominium land Rules 20 and In accordance with the Transfer of Immovable Property Restriction Law of , mortgages of immovable property are prohibited if the mortgage holder is a foreigner, foreign company or foreign bank.
Burma improved its intellectual property rights protection in by enacting three laws on intellectual property: the Trademark Law, the Industrial Design Law, and the Patent Law. A fourth law on copyrights has been passed by Parliament but has not yet been signed by the President. The laws improve protections for intellectual property owners by offering legal protections and implementing fines or legal actions in case of infringement.
Trademark holders who previously registered their trademark will need to re-register their marks. Geographical indications will also be protected through registration. In anticipation of passage of the trademark bill, Burma established a single national Intellectual Property Office that will monitor compliance with intellectual property laws and be responsible for developing IPR policy rules and regulations.
For Intellectual Property Rights issues in Burma, please contact:. Burma has very small publicly traded equity and debt markets. The Central Bank issues government treasury bonds with maturities of two, three, and five years. The Burmese government opened the Yangon Stock Exchange in , and the first company was listed on March 25, As of April , five companies are listed on the exchange.
Japan Exchange Group and Japan-based Daiwa Securities Group helped launched the stock exchange, owning a combined 49 percent of the stock exchange, with the remaining 51 percent owned by state-owned Myanma Economic Bank. In , the Securities Exchange Law came into effect, establishing a securities and exchange commission and helping clarify licensing for securities businesses such as dealing, brokerage, underwriting, investment advisory and company representation. The Companies Law allows foreign investment of up to 35 percent in domestic companies and allows foreign investment in the stock market.
In October , the government awarded limited banking licenses to nine foreign banks — all from the Asia-Pacific region — allowing each bank to set up one branch and provide loans to foreign companies. All nine banks began operations by the end of October In mid-December , the Burmese government announced a second round of foreign bank licensing, designed to increase the presence of banks headquartered in a wider variety of countries, and in early March the Central Bank granted new licenses to banks headquartered in India, South Korea, Taiwan, and Vietnam.
Previously, the thirteen foreign banks in Burma were only allowed to offer export financing and related banking services to foreign corporations. No domestic banks currently have a correspondent bank account with a U. Insufficient access to formal sources of credit is one of the most frequently identified obstacles to doing business in Burma, according to numerous business surveys. The Burmese kyat has a free-floating exchange rate. Starting from February 5, , the Central Bank calculates a market-based reference exchange rate from the volume-weighted average exchange rate of interbank and bank-customer deals during the day.
According to the MIL, foreign investors have the right of remittance of foreign currency. Foreign investors are allowed to remit foreign currency overseas through banks authorized to conduct foreign banking business at the prevailing exchange rate. Banks began introducing remittance services during and the volume of such formal transfer is low but growing, according to local bank managers.
Nevertheless, in practice, the transfer of money in or out of Burma has been difficult, as many international banks have been slow to update their internal prohibitions on conducting business in Burma, given the long history of U. The majority of foreign currency transactions are conducted through banks in Singapore. The difficulties presented by the formal banking system are reflected in the continued use of informal sources of finance for loans and remittances by both the public and businesses.
Although these informal sources tend to have higher interest charges, they offer an alternative to the limited loan services offered by banks, which generally provide only short-term credit for trade on a limited basis and require collateral. According to the report, Burma is not a regional or offshore financial center, and its historically isolated banking sector is just beginning to reconnect to the international financial system.
Burma enacted anti-money-laundering laws in and issued relevant rules in Department of the Treasury issued an administrative exception to this finding in October , similar to waivers issued for certain banks since , thereby allowing corresponding banking relationships with the United States.
The disaggregate figures of each SOE under the respective ministries are made public in the Burmese language. This included reducing budget subsidies for financing the raw material requirements of SOEs. The government of Burma has moved in the direction of public private partnerships, corporatization, and privatization. SOEs can secure loans at four percent interest rates from state-owned banks, with approval from the cabinet. Private enterprises, unlike SOEs, are forced to provide land or other real estate as collateral in order to be considered for a loan.
However, SOEs are now subject to stricter financial discipline, as the government has sharply cut direct subsidies to the SOEs while opening markets for competition with the private sector. Furthermore, the government is removing the easy credit from state banks.
SOEs historically had an advantage over private entities in terms of land access since, according to the Constitution, the State owns all the land. The NLD government has prioritized the privatization of SOEs, largely because many of these entities cost the government money.
The Minister of Planning and Finance is the secretary of the commission. Privatization can take the form of system-sharing, public-private partnership, private-private partnership, franchise, joint-venture, and sales of assets in line with international standards. However, many local companies and some international firms still equate CSR with in-kind donations or charitable contributions.
The elected government has continued to prioritize fighting corruption, and resources have been allocated to facilitate the growth of the Anti-Corruption Commission ACC into an institution vested with the authority to lead that fight. In , the government amended its anti-corruption law to give the ACC greater authority to scrutinize government procurements, and the ACC has used that authority to initiate criminal cases against a few high-ranking and some mid-ranking officials for financial impropriety and abuse of office.
The ACC opened a branch office in Yangon in April , and intends to open a branch in Mandalay in May , as it continues to increase its investigative capacity. The country, however, still lacks a framework that would effectively support a sustained and systematic fight against corruption.
While there have been efforts to reduce some opportunities for higher-level corruption, the lack of transparency regarding military budgets and expenditures remains a substantial impediment to reforms. In addition, a large swath of the economy is engaged in illegal activities beyond the control of the government.
These include the production, transportation and distribution of narcotics, and the smuggling of jade, gemstones, timber, wildlife, and wildlife products. There are efforts to promote accountability for government officials, but lack of resources for key government functions, including law enforcement, remains a driver for low-level corruption. In its Corruption Perceptions Index, Transparency International rated Burma out of countries, a slight decline in ranking from the previous year.
Investors might face corruption when seeking investment permits, during the taxation process, when applying for import and export licenses, and when negotiating land and real estate leases. The Government of Burma, however, recognizes the importance of fighting corruption as a quintessential part of efforts to improve democratic governance. The government is sensitive to the threat of terrorism and is engaged with international partners on this issue.
There is no evidence to suggest that international terrorist organizations have operational capacity in Burma or are actively targeting Western interests. Additionally, crime in Burma is low compared to other countries within the region. While violence or demonstrations rarely target U. Two additional armed ethnic groups joined the NCA in February However, several ethnic armed groups, including the most powerful ones, have not signed the NCA and some signatories continue to fight with the military and other EAGs.
While most of the major cities are quite safe, several areas of the country, particularly the ethnic states, routinely see conflict between the government and EAGs, as well as inter-ethnic violence between EAGs. One of the ways these conflicts manifest is in the use of landmines and attacks involving improvised explosive devices.
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