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The Decree No. 520 of 1960, Decree on Hotel Investments, declares of
national interest any capital investment in hotel constructions or entertainment centers that promote tourism , provided that the investment is not less than C$ 7,000,000.00 (equivalent to around US $ 700,000.00). In the event that the Tourism Institute22 considers favorable an investment application of this nature, the Executive Branch is empowered to: a) Transfer to the investor, following the procedures established by law, a quantity of national land required for the installations, and receiving the corresponding payment in cash or in shares of stock of the investment. b) Grant to the Investor in hotels or entertainment centers all the facilities required to develop its project, particularly in tourist attraction zones that are subject to the Governments control. c) Issue special provisions and regulations that govern the type of hotels or entertainment centers contained in Decree 520, in order to facilitate its purposes and to promote tourist attraction. The following benefits and exemptions are granted to the investor:23 a) Tax exemption on the capital and income tax for a term of 10 years starting on the date that the Tourism Institute certifies that the corresponding center has started its operation. Likewise, the investor is exempted from direct tax on capital during the period within the execution of the project and the date the center starts its operation. b) Custom duties and consular fees exemption on the importation of all kinds of materials, equipment, goods, furniture, machinery, and articles exclusively assigned to the construction of the center and its annexes, and also for its maintenance. c) Exemption of the obligation to make prior deposits for its import and authorization to make use of foreign credits. The Municipalities tax plans for these type of investments will be adjusted to the spirit of Decree 520, in order not to levy tourist investors similar municipal taxes that are described and exonerated above. FOREIGN INVESTMENT Law No.127 of 1991, Foreign Investment Act and its regulation, found in Decree No. 30-92, provides several benefits to foreign investments. Foreign investment is any investment carried out through the transfer of foreign capital into Nicaragua, understanding that such investment has originated from abroad regardless of the nationality or residence of the investor. To enjoy the benefits granted by the Foreign Investment Act, the foreign investor must obtain a favorable resolution from the Foreign Investment Committee of the Ministry of Economy and Development. In addition, it is necessary to enter into an investment contract with the pertinent authorities (the Government of Nicaragua represented by the Economy and Development Minister as President of the Foreign Investment Committee.) Foreign capital may be transferred into the country and valued in one of the following ways: a) Freely convertible foreign currency, negotiated with the Central Bank of Nicaragua at the exchange rate prevailing in the banking market . b) Tangible assets, in any form or condition, which are brought into the country with the investors own funds under the general regulations applicable to imports. These assets are valued according to the ordinary procedures applied to imports. c) Technology in its diverse forms, provided that it can be qualified as capital by the Foreign Investment Committee, taking into consideration its real price in the international markets. d) Capital from loans obtained by the investor in a freely convertible currency, provided that the corresponding contracts have been duly authorized by the Foreign Investment Committee. e) Reinvestment of profits duly authorized by the competent authority. Foreign Investors receive the following benefits that constitute obligations for the Government of Nicaragua : a) Repatriation of the net foreign capital. This can only be done after three years from the date the capital that is intended to be repatriated was registered in the country. b) Remittance abroad of the net profits generated by the registered capital. c) Expedite, adequate and effective indemnization in the event of expropriation for reasons of public utility or social interest. To make use of their repatriation and remittance rights, foreign investors have access to purchase foreign currency from the Central Bank at the official exchange rate at the time of the purchase. Any foreign currency that the investor was to obtain from exports must be entered into the country.1 In general, foreign investment is subject to the tax legislation of the country. A company that receives the foreign investment benefits mentioned above may borrow money abroad within the limits previously authorized by the Foreign Investment Committee. Access to local funding is limited to short term borrowing to be used as working capital. In any case, foreign investors shall be subject to Nicaraguan jurisdiction.2 Considering the financial stability and the free exchange policy existing in Nicaragua since 1992 and confirmed in 1995, many foreign investors have decided not to become subject to the procedures of this Law, as they can freely acquire foreign currency in the free exchange market. |
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