Protocol to Implement the Fifth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services

Similar documents
MYANMAR SCHEDULE OF SPECIFIC COMMITMENTS

PROTOCOL TO IMPLEMENT THE FOURTH PACKAGE OF COMMITMENTS ON AIR TRANSPORT SERVICES UNDER THE ASEAN FRAMEWORK AGREEMENT ON SERVICES

LAO PDR SCHEDULE OF SPECIFIC COMMITMENTS FOR FINANCIAL SERVICES UNDER AFAS

ANNEX TO THE PROTOCOL TO IMPLEMENT THE FOURTH PACKAGE OF COMMITMENTS ON FINANCIAL SERVICES UNDER THE ASEAN FRAMEWORK AGREEMENT ON SERVICES

Guide to Doing Business in Kuwait

DOING BUSINESS IN NEPAL

Investment in Myanmar Tax updates. 16 August 2017

PROCEDURES FOR RECEIVING RIGHTS UNDER THE TREATY OF AMITY AND ECONOMIC RELATIONS BETWEEN THE UNITED STATES AND THAILAND

GOVERNMENT DECREE PROVIDING DETAILED REGULATIONS ON THE IMPLEMENTATION OF THE LAW ON FOREIGN INVESTMENT IN VIETNAM

GENERAL AGREEMENT. GATS/SC/43 15 April 1994 ON TRADE IN SERVICES ( ) INDONESIA. Schedule of Specific Commitments

LAO PDR. Schedule of Specific Commitments. (For the First Package of Commitments)

WORLD TRADE ORGANIZATION

Preface. October 2017 Invest Japan Department Japan External Trade Organization (JETRO)

Application Decisions: Visa Type/Refusal Reason(s)

doing business in Namibia

ASEAN-CHINA AGREEMENT ON TRADE IN SERVICES INDONESIA. Schedule of Specific Commitments. (For the First Package of Commitments)

Cambodia Tax Profile. Produced in conjunction with the KPMG Asia Pacific Tax Centre. Updated: June Cambodia (2015) (2)

A BUSINESS GUIDE TO THAILAND

ACT 478 GHANA INVESTMENT PROMOTION CENTRE ACT, 1994 ARRANGEMENT OF SECTIONS

Myanmar Special Economic Zone Law, 2014 (2014, The Pyidaungsu Hluttaw Law No. 1/2014) 8 th Waning of Pyatho 1375 ME (2014, January 23)

Myanmar s competitiveness & Investment opportunities (Understanding Business Regulations)

Global Mobility Services Taxation of International Assignees Myanmar

A BUSINESS GUIDE TO THAILAND

Legal Newsletter / June 2010 NEW TAX BENEFITS FOR REGIONAL OPERATING HEADQAURTERS

doing business in Zambia

Guide to Taiwan Profit-Seeking Enterprise Income Tax

Myanmar Workshop #1 Rules and Regulations

Customs Guide CZECH REPUBLIC. Information from ADA Europe

PART A : ENTRY STRATEGIES INBOUND PART B : REGULATORY ISSUES IN FEMA & I.T. FOR LO, BO & PO

AFRICA. A Legal Guide for Business Investment and Expansion KENYA

Doing Business in the UK

LOCAL CONTENT. Tanzania - Petroleum

1.Snapshot of Malaysia s Services Sector 2. ASEAN Economic Community 3.ASEAN Framework Agreement in Services (AFAS) 4. Mutual Recognition Arrangement

International forum: focus on Azerbaijan Doing business in Azerbaijan. Nuran Kerimov

EXPLANATORY NOTES TO THE PROVISIONS OF THE FINANCE(No.2) ACT, 2014

VIETNAM - SCHEDULE OF SPECIFIC COMMITMENTS ( For the Second Package of Commitments ) 1) None 2) None 3) Unbound 4) Unbound

THE UNION OF MYANMAR THE STATE PEACE AND DEVELOPMENT COUNCIL THE DAWEI SPECIAL ECONOMIC ZONE LAW

Main Laws and Regulations for Foreign Investment in China Foreign investments in China are subject to a series of laws and regulations.

Doing Business in PNG. Guide for overseas entrants February 2018 Edition

Doing Business in Myanmar: An Introduction

LINCOLN LEGAL SERVICES (MYANMAR) LIMITED

REPUBLIC OF IRAQ MINISTRY OF TRADE MINISTERIAL INSTRUCTION NO. 149 DATED FEBRUARY 29, 2004

Setting up your Business in Rwanda Issues to consider

Doing business in Myanmar: overview

Positioning Myanmar as an attractive new investment destination in Southeast Asia

TURKISH TAXATION SYSTEM

Hot Tax and Investment Issues when Structuring Investment into Myanmar

Kingston-Frontenac Renovates Program

INDIA. Schedule of Specific Commitments to ASEAN other than Indonesia and the Philippines

LINCOLN LEGAL SERVICES (MYANMAR) LIMITED

SETTING UP BUSINESS IN NIGERIA

Water Resources Rules, 2050 (1993)

VIETNAM SAFEGUARD FRAMEWORK FOR FINANCIAL SERVICES LIBERALIZATION UNDER ASEAN FRAMEWORK AGREEMENT ON SERVICES

APPENDIX 3 TO ANNEX VII LIECHTENSTEIN SCHEDULE OF SPECIFIC COMMITMENTS REFERRED TO IN ARTICLE 3.17

Investing in Myanmar. July kpmg.com/mm

The Pyidaungsu Hluttaw enacted this law. Chapter (1) Title and Definition. 1. This law shall be called the Foreign Investment Law.

Company Establishment. 1. Forming a Company. Procedures for Establishing a Company. 1. Procedures for Establishing a Company. 1.1 Company Registration

III. TRADE-RELATED ASPECTS OF INVESTMENT POLICIES. (1) Foreign Direct Investment: General Policy Direction

THE FOREIGN INVESTMENT LAW (THE PYIDAUNGSU HLUTTAW LAW NO 21/2012) (2 ND NOVEMBER, 2012) (THE 3 rd WANING OF THADINGYUT, 1374 ME)

Myanmar Legislation, Tax and Accounting Systems. 12 July 2013 Wirat Sirikajornkij

SETTING UP BUSINESS IN LUXEMBOURG

Practical issues with regard to business operations and investment in Myanmar. June 2015

Global Mobility Services: Taxation of International Assignees Country Thailand

CAS & Associates. Doing Business in Myanmar

Singapore-Thailand revised income tax treaty and protocol enter into force

FINANCE (NO.2) ACT, 2014 EXPLANATORY NOTES TO THE PROVISIONS OF SAID ACT AMENDMENTS AT A GLANCE

Doing Business in Malaysia

Expatriates working in India. - Indian Regulations and Requirements Edition 2

doing business in Botswana

Cambodia Tax Profile. Produced in conjunction with the KPMG Asia Pacific Tax Centre. Updated: June Cambodia (2016) 1

DOING BUSINESS IN SINGAPORE

Update new tax laws and regulations

FDI in Myanmar and Its Outlook. Aung Naing Oo Director General / Secretary MIC

The Republic of the Union of Myanmar. Myanmar Investment Commission. Order 1/ February 2012

GENERAL AGREEMENT GATS/SC/94 15 April 1994 ON TRADE IN SERVICES ( )

Customs Guide CZECH REPUBLIC. Information from ADA Europe

SETTING UP BUSINESS IN LUXEMBOURG

PROFESSIONAL PROGRAMME

Tax File No. Sultanate of Oman Ministry of Finance Secretariat General for Taxation

An Act to make provision for the law relating to Value Added Tax. CHAPTER I PRELIMINARY

Income & Sales Tax Department. Income Tax Law. Law No. 57 of 1985 as amended by : Law No. ( 4 ) of 1992 Effective from Jan.

Provisions of the State Council Concerning the Encouragement of Investment in Developing Hainan Island (Promulgated on May 4, 1988)

Article I. Article II

Introduction to the GATS

THE ASSAM VALUE ADDED TAX RULES, 2005 FORM-2 [See Rule 13(1)] APPLICATION FOR REGISTRATION

CHAPTER 1 OBJECTIVES AND GENERAL DEFINITIONS ARTICLE 1.1. Objective

AGREEMENT BETWEEN THE REPUBLIC OF CHILE AND THE REPUBLIC OF TUNISIA ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS

Doing Business in Singapore

Session 5: In search of the meaningful market access what are the policy options for LDCs

Setting up business in... Turkey

INTERNATIONAL TAX PLANNING. Singapore Domestic Law And Treaties SHANKER IYER FCA

APPENDIX 3 TO ANNEX VII

Income-tax (First Amendment) Rules, 2013 Insertion of rule 17CA and Form No. 10BC. Notification No. 8/2013 [F. No. 142/20/2012-TPL], Dated

Chapter I Title and Interpretation of these Rules. 1. These Rules shall be called the Myanmar Investment Rules.

CARIBBEAN REGIONAL NEGOTIATING MACHINERY THE TREATMENT OF PROFESSIONAL SERVICES IN THE EPA

THE NEW MYANMAR COMPANIES LAW 19 th December, 2017

Investment in Lao PDR

International Tax Kenya Highlights 2019

RESERVE BANK OF INDIA FOREIGN EXCHANGE DEPARTMENT CENTRAL OFFICE MUMBAI

FOREIGN CORPORATES. Strategy for Entry in India

Transcription:

Protocol to Implement the Fifth Package of on Financial Services under the ASEAN Framework Agreement on Services MYANMAR SCHEDULE OF SPECIFIC COMMITMENTS

I. HORIZONTAL COMMITMENTS 1 All Sectors; For a service supplier of another Party who is natural person of that Party but is not national of that Party in mode 1, 2, 3, 4: unbound 3) (a) Commercial presence of foreign service suppliers and/or providers are permitted in accordance with Myanmar Companies Act 1914, Partnership Act 1932, Special Company Act (1950), Union of Myanmar Foreign Investment Law (1988), Union of Myanmar Citizens Investment Law (1994). Under these laws: (i) 100% Foreign investment, or (ii) Joint Venture with a Myanmar citizen or enterprise with a minimum of 35% equity is permitted. Form of incorporation can be sole proprietorship, partnership or limited company. 3) (a) The Income Tax Law 1974, prescribed that non-resident (foreigner) will be subject to a withholding tax is as follows; Class of Income Non resident foreigners Interest 15% Royalties for use of licenses, trademarks, patent rights etc. Payments to contractors made by Government Organizations, Municipalities and Cooperative Societies Payment for work done to foreign contractors 20% 3.5 % 3% 1 The horizontal commitments of Myanmar shall apply only to the new subsector(s) added to her schedule of commitments as an outcome of the negotiations for further liberalization of trade in services under the AFAS, particularly, in the case of financial services, on financial sub-sectors included to her schedule of commitments as an outcome of the fifth round negotiations completed in 31 December 2010 and marked as (*NS) in her sector specific commitments. The horizontal commitments made by Myanmar will not affect her commitments for the sectors/subsectors that were made under the General Agreement on Trade in Services under the Uruguay Round and commitments made as an outcome of the earlier rounds of negotiations for financial services liberalization under the AFAS 2

The proposed investment may be refused subject to such implications as financial arrangements security risk involved and compliance with existing conditions (b) Incorporation of an enterprise, not involving a state enterprise is to be made under the Myanmar Companies Act 1914. Minimum share Capital requirements for companies and branches are as follows, - Service Companyequivalent of K 300,000 in USD. - Industrial Companyequivalent of K 1000,000 in USD. Under this Law; If the investment involves a state enterprise, incorporation shall be made under the Myanmar Companies Act 1914, Partnership Act 1932, Myanmar Company Rules 1940, Special Company Act (1950), Special Company Act (Amendment) Act, 1955, 1959. According to the Notification No. 115/2006, income tax shall be paid in foreign currency of non-resident foreigners total income at the rate of 35% (thirty five percent) in such foreign currency. Tax According to the Sections 3 (k) of the Income Tax Law, it prescribes the Resident foreigners as follows: (i) in the case of individual, a foreigner who resides in Myanmar for not less than one hundred and eighty- three days during the income year; (ii) in the case of a company, a company formed under the Myanmar Companies Act or any other existing law wholly or partly with foreigner shareholders; (iii) in the case of an association of persons other than a company, an association formed wholly or partly with foreigners and where the control, management and decision making of its affairs is situated and exercised wholly in the Union of Myanmar. 3

(e) Services activities are restricted under section 3 of the State Economic Enterprises Law. However, these activities may be permitted by cabinet notification according to the Tax Under The Myanmar Foreign Investment Law, the Commission shall, for the purpose of promoting foreign investments within the States, grant the investor exemption or relief from taxes. 4) a) Subject to the Union of Myanmar Foreign Investment Law, Myanmar Immigration (Emergency Provisions) Act 1947, The Foreigners Act 1846, The Registration of Foreigners Act 1940, The Registration of Foreigners Rules 1948 and Immigration rules and regulations, management level is allowed to stay up to one year and may be extendable there on subject to the approval of concerned agencies. (b) All foreign enterprises and foreign workers shall abide by - In this regards, foreign workers and staff who work at least one year in Myanmar and the foreign enterprises formed in Myanmar may be assumed as the resident foreigners. The existing Notification No. 124/2006 by the Ministry of Finance and Revenue determined that the income tax for the resident foreigners earn income in foreign currency under the head "Salaries" shall be paid at the rate of 15% (fifteen percent) in such foreign currency. - However, the income of the resident foreigner who operating economic enterprises such as companies formed in Myanmar shall be calculated in accordance with clause 5 (B) of the Income Tax Regulation and paid in foreign currency. The corporate tax rate is 30% (thirty percent) - A judicial person may perform service to client in Myanmar but are not 4

Business Visa* Period for Permission 70 days of Visa Period for Permission of stay Extension - up to 3 months** 36US$ - Over 3 months 90 US$ [**with recommendation of Ministry concerned, Application Form, Passport (original & copy), Stay Form, (2) Recent Photos, FRC, Company Registration Card, Export & Import License] (Remark: In accordance with permission of Visa Confirming Board, Ministry of Immigration has been obligating) allowed to practice in Myanmar courts of law. (b) The commercial presence of foreign services provider shall be subject to the licensing by the government authorities concerned (c) According to the Land Nationalization Act 1953 and the Transfer of Immoveable Property Restriction Law 1987, foreign organizations and persons are not allowed to own land in Myanmar. However, land may be acquired on long term lease, depending on individual circumstance. (c) The Department of Labour, under the Ministry of Labour performs registration for overseas workers who have been given the permission to stay in work by the Myanmar Investment Commission. The duration of registration is six months and the registration fee is 5 FEC for one person. 4) - Any expatriate engage in joint venture, representative offices or other types of judicial person and / or individual services provider shall receive the approval of the respective authority. - Any expatriate entering into Myanmar shall abide by The Myanmar Immigration (Emergency Provisions) Act 1947, The Foreigners Act 1846, The Registration of Foreigners Act 1940, The 5

Registration of Foreigners Rules 1948 and Immigration rules, regulations and procedures of Myanmar - Individual services providers who work with the approval of respective authorities shall register themselves with the Department of labour, the Ministry of labour. - The Department of Labour, under the Ministry of Labour performs registration for overseas workers who have been given the permission to stay in work by the Myanmar Investment Commission. - Regarding the recognition of the educational certificates and technical standard certificate, Myanmar only determines equivalent factor depend on syllabus, contents, volume, time frame. Myanmar needs syllabus, contents, volume, time frame in English of respective countries. 6