Investment Code Benefits

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.

PRIVILEGES OF THE SME REGIME :
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:

Sectore Investment (MRU) Number of jobs
directs indirects
Agriculture 500 millions 100 1000
Processing of livestock products 100 millions 50 200
Land-based processing of industrial fishery products with the exception of fish meal 500 millions 500 2000
Artisanal and coastal fishing 200 millions 100 500
Industrial and manufacturing units 200 millions 50 200
Production of renewable wind and solar energy 200 millions 20 50
Hotels and tourism 50 millions 20 50
Road and port facilities 500 millions 100 1 000
Health 100 millions 50 200
Water and sanitation infrastructure 100 millions 50 200

Approval procedures for the Investment Code (CI)

• Submit your
application for approval
to one of the privileged
regimes of the
Investment Code (CI) to
the Direction of  Investment monitoring and analysis.

step 1

• This application file for an Investment Certificate must be accompanied by a declaration for admission purposes as well as a declaration of good faith signed by the investor and including details of the scheme applied for.

step 2

step 3

• For Establishment Agreements, the agreement must specify the investment program and the conditions of installation.
• The advantages granted in the framework of the establishment agreements are negotiated on a case-by-case basis with the departments concerned.
• After the study of the file and if it is judged suitable to have the requested approval, a certificate of investment authorizing you to avail yourself of your advantages with any administration will be delivered to you at the latest in the 10 days following the deposit of your request.

step 4