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Facts and Data
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Foreign Investment
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Qatar Financial Centre (QFC)
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4. Foreign Investment
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Recognising the need to expand the country's industrial base, the government of Qatar actively encourages inward direct foreign investment. In October 2000, the Law on Regulating the Investment of Foreign Capital in Economic Activities (Law 13 of 2000) was enacted to liberalise and streamline the legislation previously governing foreign investment. Foreigners may invest in most sectors of the economy provided they have a Qatari partner or partners holding no less than 51% of the equity. Industries not open to foreign investment are banking, insurance, real estate and trade.

Up to 100% foreign ownership is now permitted in the key sectors of agriculture, industry, education, health, tourism, energy, and mining, provided that the activity is in line with Qatar's development objectives.


Incentives for the foreign investor include:
lease of land at nominal rent for a period of 50 years renewable
direct importation of all necessary capital goods, spare parts, raw materials and semi-processed goods possibility of exemption from corporate tax for up to 10 years
possibility of tariff exemptions on imports of equipment and raw materials
no foreign exchange restrictions, and free repatriation of capital and profits
disputes settled by either local or international arbitration
specific guarantee against expropriation, except where this is in the public interest, in which case fair compensation will be promptly paid and freely transferable
cheap electricity and gas supplies
excellent transport and communications facilities
liberal immigration and employment rules

The preferred business vehicles used by foreign investors are private limited companies or partnerships, joint ventures and branches.

4.1 Doing Business in Qatar

In order to establish a local office, foreign and local companies are required to obtain a Commercial Registration from the Ministry of Economy and Commerce. Any enquiries regarding the registration process should be directed to the Director of Commercial Affairs at the Ministry. Various other licences and consents would also be necessary.

Qatari company law provides for the following types of business organisation:

4.1.1 Private company with limited liability (WLL)

A WLL company has paid-up share capital of at least QR 200,000 and between two and 30 shareholders whose liability is limited to the amount of share capital that they hold. Incorporation is achieved by registration of the Articles of Association in the Commercial Register and publication in a local newspaper, and generally takes three to four months to complete. WLL companies may not engage in insurance, banking or investment broking activities.

4.1.2 Public shareholding company (joint stock company)

Public shareholding companies are formed by Emiri Decree and have share capital of at least QR 500,000 divided into transferable shares. Only Qataris and Gulf Cooperation Council (GCC) state nationals are permitted to invest in such companies, unless an Emiri Decree specifies otherwise. Every year 10% of profits is required to be transferred to a legal reserve until this reserve reaches 50% of authorised capital.

Both WLL and joint stock companies must submit audited financial statements to the Controller of Companies within 10 days of acceptance in the General Assembly. If the company is not exempt from tax, the audited financial statements must be submitted to the Department of Taxation by the end of September every year. Shareholders of joint stock companies are required to meet in General Assembly at least once a year to appoint directors and auditors and to approve financial statements. Extraordinary General Assemblies (quorum 75%) must be held to approve less routine matters such as an increase or decrease in share capital, amendments to the Memorandum and Articles of Association or dissolution of the company.

4.1.3 Partnership

Under partnership agreements, partners are jointly and severally liable for any debts incurred by the firm.

4.1.4 Joint Venture

A joint venture may be formed to carry out a specific contract although a joint venture agreement has to be drawn up, the venture itself does not constitute a separate legal entity.

4.1.5 Branch of a foreign company

Branches of foreign companies are governed by Law 25 of 1990 and may be established only for the purposes of Qatari economic development, to facilitate the performance of public services or to achieve public utility in the fields of industry, agriculture, mining, tourism or contracting. Generally the branch is authorised to operate only for the duration of the particular contract for which it has been engaged and is licensed by Ministerial Decree from the Ministry of Finance, Economy and Commerce. A Qatari service agent must be appointed. The following documents are required, translated into Arabic:


copy of the agreement with the Qatari service agent copy of the project agreement
copy of the Memorandum and Articles of Association of the parent company overseas
name of and power of attorney granted to the foreign company's representative in Qatar
certification that the foreign company is not blacklisted by the Israeli Boycott Office

Such a branch will only be entitled to perform the specific contract in respect of which it has been registered and the registration would usually lapse on the completion of that contract. The Qatar registered branch will be fully taxable under the Tax Law (except to the extent of any Qatari or other GCC interest therein) unless a special tax exemption is granted or otherwise applicable.

Unlike the previous law, the current Foreign Investment Law makes no express mention of the requirement for the foreign company to appoint a Services Agent who/which must be a Qatari individual or 100% Qatari-owned entity. It should be noted, however, that this position is different in the area of engineering.

4.1.6 Representative office

In 2003, the Minister of Economy and Commerce announced that under the Executive Regulations foreign companies may open representative offices without a local partner. Such offices are really 'shop windows' to source business - they can promote a foreign company in Qatar and try to introduce it to Qatari companies/projects. However, the representative office may not contract to do business in Qatar: this has to be done by either a foreign entity (in relation to contracts which could be performed substantially outside Qatar), or otherwise by one of the other entities permitted under the Foreign Investment Law. As such offices are not carrying out commercial activities, as such, in Qatar they are therefore not subject to taxation.

4.1.7 Agency / Distribution / Franchise

As with its predecessor, the (relatively) new Commercial Agency Law No (8) of 2002 (the Agencies Law) defines a commercial agent broadly as a person who has sole permission to distribute or sell goods and products or to provide services within the scope of agency on behalf of its principal for profit or commission. The width of this definition is such that the Qatar Civil & Commercial Court (the Court)'s application of the Agencies Law cannot be predicted with any certainty. Further, decisions of the Court are not published and there is, in any event, no doctrine of binding precedent in Qatar. Bearing this in mind, given a quite recent Appeal Court decision which dealt with distributorship arrangements, it would however be expected (though could not, of course, be guaranteed) that the Court would draw a distinction between a "franchisee" or a "distributorship" on the one hand and a "commercial agent" on the other. The importance being that a "commercial agency" which is registered on the Commercial Agents' Register at the Ministry of Economy and Commerce is afforded the protection of the Agencies Law. Both the Foreign Investment Law and the Agencies Law provide that a commercial agent must be a Qatari national or a 100% Qatari-owned company.

The Agencies Law effectively requires that a commercial agency in Qatar must be exclusive. However, it does provide that traders registered in the Importers Register may import commodities, which the agency includes, even if these products have local agents. Further, it provides that an appointed local agent is entitled to receive commission of up to 5% (decided by Ministerial Decision) of the commodities or products which are imported by others for the purpose of trade (ie not personal use or re-export) and which does not originate from the principal. In relation to exclusivity, while Qatar as a sales territory is indivisible, a principal may appoint different agents for different product lines.

The Agencies Law also deals with early termination and non-renewal of limited duration agreements and termination of unlimited duration agency agreements.

4.1.8 Services Agent

This type of agency consists of appointing a Qatari entity to act as a service agent for a foreign company, and should not be confused with commercial agency as discussed above. It is likely that the foreign company (and, perhaps, the Qatari party) would not wish this type of agreement to be considered a commercial agency and registered as such (and therefore afforded the protection of the Agencies Law). Although the service agency used to be a common business practice in the region, it is no longer required in order to do business in Qatar. Foreign companies should, therefore, determine if appointing a service agent is beneficial in their specific circumstances.

If a foreign company chooses to have a service agent, it may be advisable to appoint such an agent on a project-by-project basis, since the local agent may be very well connected in some sectors or tenders, but not in others.

4.2 Distribution and Sales Channels

Most Qatari trading entities represent a variety of foreign firms in the local market. To maximize their market penetration, German firms planning to appoint a Qatari agent should ensure that the latter does not represent any competitor. Numerous food importers are also wholesalers, distributors and retailers. A handful of large local companies still dominate the market.

4.3 Franchising and Direct Marketing

This is another promising sales channel for German goods and services in the Qatari market. Qatari entities have a strong interest in investing in franchises, due to the ease of readymade business plans. However, most major fast food franchises are already established in the market.

4.4 Selling Factors and Techniques

German suppliers should stress the competitive price, high quality, and, if applicable, the new-to-market status of their products. Initial face-to-face contact with importers will significantly increase a company's business prospects. Qatari companies distributing foreign products usually request marketing and advertising assistance from the principals to introduce a new product to the market or to improve sales of existing products. Regional food shows are very useful mechanisms for locating and establishing business relations with local distributors.

4.5 Product Pricing

There is a large variety of local and foreign products in the Qatari market. Local consumers are very price conscious and actively seek out sales and promotions. Local distributors of international products often engage in promotions in order to attract consumers and gain market share. German firms should work closely with their local distributor in order to determine appropriate pricing strategies. The average importer markup on food products is about 10-15%. Retail food prices are generally 25-30% above import prices.

4.6 Advertising and Trade Promotion

Many advertising practices in the local market will be familiar to German firms. The most common forms of advertising are media announcements, billboards, and flyers. Local distributors generally develop advertising strategies in coordination with their principals. Several private advertising firms are equipped to handle promotional activities, which require prior approval of the Ministry of Municipal Affairs and Agriculture.

4.6.1 Media

Most newspapers in Qatar, including three Arabic and two English dailies, have a large readership. These include the following:

4.6.1.1 Arabic

A l - S h a r q:
P.O. Box 3488  |  Doha, State of Qatar
Phone: +974 466-1354  |  Fax: +974 466-2462
Email: alsharq1@al-sharq.com  |  Website: www.al-sharq.com

A l - W a t a n:
P.O. Box 22345  |  Doha, State of Qatar
Phone: +974 466-0810  |  Fax: +974 466-4206
Email: alwatan@qatar.net.qa  |  Website: www.al-watan.com

A l - R a y a h:
P.O. Box 533  |  Doha, State of Qatar
Phone: +974 446-6618  |  Fax: +974 432-0080
Email: edit@raya.com  |  Website: www.raya.com

4.6.1.2 English

G u l f   T i m e s:
P.O. Box 2888  |  Doha, State of Qatar,
Phone: +974 446-6621  |  Fax: +974 435-0474
Email: editor@gulf-times.com  |  Website: www.gulf-times.com

T h e   P e n i n s u l a:
P.O. Box 3488  |  Doha, State of Qatar,
Phone: +974 466-3945  |  Fax: +974 466-3965
Email: penqatar@qatar.net.qa  |  Website: www.thepeninsulaqatar.com

The state-owned Qatar Radio and Television Corporation operates Qatar Television (QTV) and the radio station Qatar Broadcasting Service (QBS). QTV, comprising Arabic and English channels, broadcasts prerecorded commercials. QBS also carries advertisements. The locally operated pan-Arab satellite channel Al-Jazeera receives some public funding but is independently owned and operated. It also broadcasts advertising for local and regional companies and products. There are no private radio stations.

Qatar Broadcasting Service (QBS)
P.O. Box 1414  |  Doha, State of Qatar
Phone: +974 849-4222  |  Fax: +974 482-2888

Qatar Television
P.O. Box 1944  |  Doha, State of Qatar
Phone: +974 486-4575  |  Fax: +974 486-4511

Al-Jazeera Satellite TV Station
P.O. Box 23123  |  Doha, State of Qatar
Phone: +974 488-5666 or 489-4801  |  Fax: +974 488-5333

4.7 Sales Service and Customer Support

In general, after sales service and customer support is the responsibility of the local distributor. As a Qatari entity must obtain a license for all imports, local firms generally maintain a supply of spare parts for distributed products. Local distributors may also establish workshops for after sales support, as appropriate. Foreign principals often provide regional and international training for technical support staff.

4.8 Trade regulations

Practically all imports into Qatar require an import license. A person wishing to import goods for sale must be registered on the Register of Importers and approved by the Chamber of Commerce. Individual importers may only be Qatari nationals; corporates must be wholly Qatari-owned except where an exemption to this requirement in recognition of a substantial foreign investment has been approved. The standard import tariff is 4%, but a number of basic commodities and consumer goods, such as wheat, flour, rice, grains, tea, coffee, sugar and powdered milk, are exempt from duty. In other cases, where protection is needed for Qatari industries, higher rates apply:



Hi-fi equipment
Records and musical instruments
Steel, cement
Urea
Alcohol, tobacco
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The importation of pork products is prohibited, and strict regulations cover the importation of tobacco, alcohol and weapons. Under the GCC Free Trade Agreement, goods produced in other GCC member states may be imported duty-free provided that they meet the minimum GCC content requirements and are accompanied by a certificate of origin. Imports into Qatar are generally covered by letter of credit. Commercial invoices must be legalised by the Qatari embassy in the exporter's country. In addition, a certificate of origin and a certificate from the ship's captain or shipping agency stating that the ship is permitted to enter Arab ports are required, notarised by an Arab embassy or chamber of commerce in the country of origin.

Whilst it is prohibited to export goods from Qatar to Israel, and the export of a few items such as subsidized grains and antiques is also forbidden, there are no other restrictions on exports.

1. Facts and Data | 2. Industry & Commerce | 3. Economy | 4. Foreign Investment | 5. Qatar Financial Centre (QFC) | 6. Employment | 7. Government Procurement Practices | 8. Income Tax | 9. Tourism | 10. Banking and Finance | 11. Foreign Trade | 12. Travel Regulations | 13. Business and social etiquette
 
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