The FDI framework is governed by Investment Law No. 13/2000. The freedom to establish a company/enterprise is very limited and controlled, as foreign investment is generally limited to 49% of the capital for most business activities, with the obligation to have one or more Qatari partners holding at least 51%. However, in certain sectors foreign investors can own up to 100% of the capital, upon obtaining a special government approval. This sectors include: agriculture, industry, health, education, tourism, development and exploitation of natural resources, energy, mining, business consultancy and technical services, information and communication services, cultural services, sports services, entertainment and distribution services. Foreign firms are required to use a local agent for matters related to sponsorship and residence of employees.
Acquisition of Holdings
On August 5, 2014, Law No. 9/2014 was issued amending some provisions of Law No. 13/2000 regulating investment of non-Qatari capital in economic activity. The effect of this change is to raise the limit of permissible foreign ownership levels in the listed companies to 49%, which was previously limited to 25% in most listed companies. The amended law stipulates that non-Qatari investors are allowed to own up to 49% of the shares of a Qatari shareholding company listed on the Qatar Exchange (QE). The 49% ownership must be contained within the company’s memorandum of association or articles of incorporation after they gain the approval of the Ministry of Economy and Commerce.
Obligation to Declare
Government approval is required for foreign investment in banking or insurance sectors. An approval is required in order to hold 100% of a company’s capital (only available in certain sectors).
Certain sectors are not open for domestic or foreign competition, including public transportation, electricity and water, steel, cement, and fuel distribution and marketing. In these sectors, generally a public-participated company has complete or predominant control.
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