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We have a new investment law: The Cabinet signed off on amendments to the Kingdom’s 25-year-old Investment Law, introducing changes designed to attract foreign investment by leveling the playing field between foreign and local investors under a unified set of rules, state news agency SPA reports.
Out with the old, in with the new: The amended law — the full text of which you can see here (pdf) — will see the original Foreign Investment Law (pdf) and its executive regulations rescinded.
The pitch: The new law is meant to improve the investment environment in Saudi by promoting fairness, transparency, and efficiency, aligning with international best practices and making the country a more attractive destination for investors. The government drew on international best practices from countries including the US, Turkey, the UAE, Germany, Singapore and Indonesia while it was preparing the new provisions, according to a detailed report on the drafting process of the new law (pdf). This process was designed to ensure that the updated regulations make the Kingdom’s investment environment competitive with international markets.
Why it matters: The move looks to boost the Kingdom’s competitiveness as a destination for FDI as part of a broader strategy to diversify the country’s revenues away from oil.
Foreign investors no longer have to acquire an investment license: One of the most notable changes is the abolition of the requirement for an investment license, which previously served as a bureaucratic barrier for foreign investors. The new law eliminates this requirement and introduces a more liberalized environment for economic activities, with exceptions now only applicable to a specific list set by the Permanent Ministerial Committee. This streamlined process is designed to simplify the investment process and improve transparency.
Equal treatment of foreign, local investors: Previously, Cabinet had the authority to exclude certain activities from foreign investment, which could lead to preferential treatment. The new law mandates equal treatment, ensuring a level playing field and eliminating any potential biases against foreign investors.
A transparent mechanism for handling complaints: The new law establishes comprehensive governance mechanisms for investor protection, including clarified procedures for handling complaints. These mechanisms aim to meet international standards on upholding investor rights as well as safeguarding intellectual property and commercial confidentiality.
Capital transfers: The new law allows unrestricted capital transfers and addresses both direct and indirect expropriation, offering enhanced protection and operational freedom for investors.
Categorization of violations + penalties: The updated regulations introduce a refreshed approach to handling violations by categorizing them as serious or non-serious and implementing a gradation principle for penalties. The new criteria for imposing penalties consider factors such as the recurrence of violations and the size of the entity involved, providing a more equitable enforcement mechanism.
Dispute resolutions: The new law offers robust dispute resolution mechanisms, allowing both local and foreign investors to appeal to the competent court in disputes with government entities. This represents a significant improvement over the previous system, which only facilitated informal dispute resolution. The inclusion of alternative dispute resolution methods, provides investors with more flexible and effective means to resolve conflicts.
Timeline: The new law will go into effect six months following its publication in the Official Gazette, while the executive regulations will be published within a period of six months from the publication of the law.
