Avantages du Code des investissements

What are the advantages granted by the Investment Code?

Scope :

The provisions of the Investment Code apply, as of right, to all sectors of economic life. However, certain activities, governed by specific laws and regulations, falling under sectoral codes, do not fall within the scope of this Code.

These are :

purchasing activities for resale in the local market;
activities governed by the law in force on banking regulations, including those relating to leasing activities;
activities governed by the current law on insurance and reinsurance;
activities governed by mining and hydrocarbon legislation.

General guarantees for the benefit of foreign and local investors :

They mainly concern the following points:

Security and stability of the investment;
Currency availability guarantees;
Capital transfer guarantees ;
Equal opportunity and non-discrimination;
Corporate Rights and Freedoms;
Employment of expatriate staff.

The Privileged Regimes :

The Investment Code has provided mainly three privileged regimes:

Small and medium-sized enterprises (SMEs) ;
Special Economic Zone (SEZ) regime ;
Conventional regime.

Small and medium-sized enterprises (SMEs)

This regime is reserved for investments of between 5 and 20 million Ouguiyas falling within the scope of the Code and generating at least 10 direct jobs.

1.  In the installation phase (3 years) :

€ € € €€Payment of an Import Tax Duty (DFI) of 3.5% on capital goods;
Exemption from the Tax on Financial Transactions (TOF) on the proceeds of credits for first investment or expansion of activities.

2.  In the installation phase (3 years) :

Payment of a 3.5% DFI on capital goods and their admitted spare parts (allowed).

Special Economic Zone (SEZ) regime :

The Investment Code has created a SEZ (Export Processing Zone and Development Pole outside Nouakchott) to accommodate companies wishing to benefit from the privileges of this regime.

The decision to create a special economic zone is taken by decree in the Council of Ministers on the joint proposal of the Minister in charge of Economic Affairs, the Minister in charge of Finance, and the Minister in charge of Regional Planning;
The said decree specifies the delimitation of the Zone, its name, its purpose, the structure that will be in charge of its management as well as the period for which it is established.

1.  In the installation phase (3 years) :

The infrastructure of export processing zones can be built by private companies or through a public-private partnership (PPP).

Export Processing Zones (EPZ) :
The infrastructure of export processing zones can be built by private companies or through a public-private partnership (PPP). 
Concessions are granted to export processing companies;
EPZs are subject to permanent surveillance by customs.
Tax benefits:
Companies having invested at least 50 million ouguiyas, generating at least 50 permanent jobs in the EPZs and which can export at least 80% of their production, are exempted from
any tax based on personnel costs, except for the employer's contribution;
the Patent (capped);
the Property Tax on Built-up Properties;
Property tax on non-built properties;
the Contribution of the licenses.
Customs benefits :
Total exemption from customs duties and taxes on the import of :
capital goods ;
materials ;
commercial vehicles intended for production (the list of which is fixed by order of the Minister of Finance).
Exemption from customs duties and taxes on export.
Development poles outside Nouakchott
The following are eligible for this scheme :
Companies that promote economic development outside of Nouakchott, in support of the government's land use policy.
These companies must be able to have an investment equal to or greater than 5 million and generate at least 10 jobs.
Benefits and Incentives :
Pendant la période d’installation (limitée à 3 ans) :
During the installation period (limited to 3 years):
Payment of a 0% DFI on capital goods (list of eligible products set by order of the Minister of Finance).
During the exploitation phase :
Payment of a 0% DFI on goods (list of eligible products set by order of the Minister of Finance);
Similar advantages applicable to spare parts and industrial inputs.
Total exemption from tax on industrial and commercial profits (BIC) for the first eight (8) years;
Access to land is also guaranteed, subject to the respect of the domanial legislation and according to the defined modalities.

The conventional regime :

The Investment Code provides for a conventional regime that allows companies meeting certain conditions to negotiate an Establishment Agreement. This agreement is negotiated with the competent departments in conjunction with the Ministry of Economic Affairs and the Ministry of Finance. It is concluded for a period of twenty (20) years. The establishment agreement must be approved by a decree of the Council of Ministers.

Areas in which investments may be subject to an establishment agreement and minimum eligibility thresholds:

SectoreInvestment (MRU) Number of jobs
Agriculture500 millions1001000
Processing of livestock products100 millions50200
Land-based processing of industrial fishery products with the exception of fish meal500 millions5002000
Artisanal and coastal fishing200 millions100500
Industrial and manufacturing units200 millions50200
Production of renewable wind and solar energy200 millions2050
Hotels and tourism50 millions2050
Road and port facilities500 millions1001 000
Health100 millions50200
Water and sanitation infrastructure100 millions50200