Regulation of Non-Jordanian Investments

Regulating Non-Jordanian Investments Regulation Issued Pursuant to Article (24) of the Investment Promotion Law No. (16) for the Year 1995

Article (1)This Regulation shall be named the “Regulating Non-Jordanian Investments Regulation for the year 2000”, and shall come into force thirty days after its publication in the Official Gazett .(1)
Article (2) In the cases not mentioned in Articles (3) and (4) of this Regulation which specify the percentage of non-Jordanian ownership or participation in the sectors and activities cited therein, the non-Jordanian investor may own any project wholly or partially or may participate in it in any percentage.
Article (3) The Non-Jordanian investor ownership shall not exceed (50%) fifty percent of the capital of any project in the following sectors and activities:
a. The Following commercial activities:
1. Purchase of goods and other movable tangibles for purposes of leasing or renting for re-leasing thereof, including machinery and equipment, transport vehicles and other transport equipment, rent a car, aircraft (without operator) and ships, excluding financial leasing services conducted by banks, financial companies and insurance companies.
2. Purchase of goods and other movable tangibles for purposes of selling with profits.
3. Wholesale trade and retailing.
4. Import and export excluding importation up till the Kingdom’s border outlets.
5. Distribution of goods and services within the Kingdom including distribution of audiovisual works. (1) This Regulation was published in the Official Gazette issue No. (4465) dated 16/11/2000.15
6.Supply services excluding food catering that is not conducted by restaurants, cafes and cafeterias, without prejedice to the provisions of item (12) of paragraph (B) of this Article.
b. The Following services:
1. Engineering services, including all engineering categories, urban planning and landscape architectural services.
2. Construction contracting including construction services and related engineering services.
3. Technical testing services concerning soil tests and geotechnical testing for construction purposes.
4. Maintenance and repair services of land transport equipment.
5. Maintenance and repair services of radio and television transmitters and broadcast equipment.
6. Photographic services including photocopying services and excluding motion picture and television photography services.
7. Placement and supply services of personnel.
8. Brokerage services excluding financial brokerage and intermediaries conducted by banks, financial companies and financial services companies.
9. Advertising services including advertising agencies and firms.
10 Commercial agents and intermediary services and insurance agents.
11 Money exchange services excluding those provided through banks or financial companies.
12 Restaurants, cafes and cafeterias excluding those that are provided within hotels, motels, and on board of ships and trains.
13 Travel Agencies and tour operators services (tourist and travel bureaus).
c. The following transport services:
1. Maritime transport and auxiliary services, including:
- Passenger and freight transportation excluding transportation over ships owned by non-Jordanians.
- Maritime survey and inspection.
- Maritime freight forwarding.
- Shipping agents’ services.
- Ships chandlers.
- Ships brokers.
- Ships management services.16
2. Air transport auxiliary services, including:
- Ground Handling.
- Freight Inspection.
- Packing and unpacking.
- Air Cargo Agents.
- Freight Forwarders.
- Cargo Terminals and Stores.
Excluding :
- Engine Overhaul.
- Airports duty-free shops.
- Simulators Training
- Computer Reservation System (CRS).
3. Rail transport auxiliary services, including:
- Cargo handling.
- Inspection.
- Packing and unpacking.
- Storage & warehouse services.
- Freight transport agency services.
- Cargo Agents services.
Excluding:
- Passenger and freight transportation.
- Pushing and towing services.
- Supporting services for rail transport such as rail passenger terminal services.
4. Road transport services, including:
- Specialized tourist transportation services.
- Supporting services of road transport such as bus station services, parking services, services related to operating subways, bridges and highways.
- Auxiliary services to road transport including cargo handling services, storage and warehousing services, freight transport agency services, inspection services, packing and unpacking services and freight forwarders services.
d. Clearance services in cases where such clearance is linked to any of the services provided for in Paragraph (c) of this Article.
Article (4)The Non-Jordanian investor ownership shall not exceed (49%) forty nine percent of the capital of any project in the following sectors and activities:
17a. Scheduled and non-scheduled passenger, freight and mail air transport services.
b. Rental services of aircraft with operator.
Article (5)The non-Jordanian ownership or participation in any of the sectors or activities not listed in Articles (3) and (4) of this Regulation, or the ones that are excluded therefrom, shall not be restricted unless the concerned legislation restricts such ownership or participation.
Article (6) Non-Jordanian investors are not allowed to own or to participate, wholly or partially in any of the following projects or activities.
a. Passenger and freight road transportation services including taxi, bus and trucks services.
b. Quarries for natural sand, dimension stones, aggregates and construction stones used for construction purposes.
c. Security and investigation services.
d. Sports clubs including the organization of sports events services, excluding health fitness clubs services.
e. Clearance services, without prejedice to paragraph (D) of Article (3) from this Regulation.
Article (7) Subject to the provisions of this Regulation, the non-Jordanian investment shall not be less than (JD50,000) fifty thousand Jordanian Dinars or the equivalence thereof, with the exception of participating in public shareholding companies.
Article (8) The Council of Ministers may upon the recommendation of the Higher Council for Investment Promotion permit the ownership or participation in big development projects that enjoy special importance for any non-Jordanian investor in higher percentages than is provided by this regulation and according to the percentage in the Council’s decision.
Article (9)The Minister may issue the necessary instructions for the implementation of the provisions of this Regulation.
Article (10) The Non-Jordanian Investment Promotion Regulation No. (39) for the year 1997 and its amendment shall be annulled.18 Regulation No. (2) of 1996 The Regulation of the Investment Areas And Sectors Issued pursuant to Article (4) Of the Investment Promotion Law No. (16) of 1995
(1) This Regulation was published in the Official Gazette issue No. (4095) dated 16/1/1996, and amended in the Regulations No. (27) of 1997 published in issue No. (4205) of the Official Gazette dated 17/5/1997, and amended in the Regulation No. (60) of 1997 published in issue No. (4241) in the Official Gazette dated 16/11/1997, and amended by Regulation No. (88) of 2001 published in issue No. (4515) of the Official Gazette dated 1/11/2001.

Maraqa & Co.

Attorneys & Legal Consultants

Phone:

(962-79) 538 2211

Facsimile:

(962-6) 5510403

E-mail:

info@maraqalegal.com

Postal Address:

P.O. Box: 183336, Amman, Jordan  11118

Premises:

Building#11, Badr Addeen Zaza St. Jabal Alwaibdeh
Amman Jordan