Chapter 13 Investment in Fisheries. Act No 34/1991 on Investment by Non-residents in Business Enterprises. Act on Fishing Rights within the Icelandic.

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Presentation transcript:

Chapter 13 Investment in Fisheries

Act No 34/1991 on Investment by Non-residents in Business Enterprises. Act on Fishing Rights within the Icelandic Territorial Waters No 22/1998. Iceland has a premanent excemption regarding foreign investment and foreign ownership in fisheries under the EEA Agreement. Investment in Fisheries

Foreign Direct Investment in companies conducting fishing operations and fish processing is prohibited. Article 4 of Act No 34/1991 Article 1 of Act 22/1998 Foreign Direct Investment

Only the following may conduct fishing operations within the Icelandic fisheries jurisdiction or own or run enterprises engaged in fish processing: Icelandic citizens and other Icelandic persons. Icelandic legal persons which are wholly owned by Icelandic persons Icelandic legal persons which fulfill certain conditions. Restrictions

Icelandic person The State Treasury and local governments as well as institutions, enterprises and funds in Iceland which are wholly under their ownership, Icelandic citizens resident in Iceland Legal persons domiciled in Iceland which are wholly owned by: o Icelandic public institutions, o Icelandic citizens resident in Iceland or o other legal persons domiciled in Iceland and which are wholly owned by Icelandic citizens resident in Iceland. Icelandic citizens and other Icelandic persons.

Icelandic legal person legal person domiciled in Iceland irrespective of the form of legal identity or ownership of the enterprise. A legal person is regarded as being domiciled in Iceland if: o it is registered as domiciled in Iceland, o its articles of association state its domicile in Iceland or o if its effective management board is in Iceland. Icelandic legal persons which are wholly owned by Icelandic persons

Are controlled by Icelandic entities; Are not under more than 25% ownership of foreign residents calculated on the basis of share capital or initial capital. However, if the share of an Icelandic legal person in a legal person conducting fishing operations in the Icelandic fisheries jurisdiction or fish processing in Iceland is not above 5%, the share of the foreign resident may be up to 33%; Are in other respects under the ownership of Icelandic citizens or Icelandic legal persons controlled by Icelandic persons. Icelandic legal persons which:

Icelandic legal person controlled by an Icelandic person or persons An Icelandic legal person which is under the majority ownership of an Icelandic person, as through majority of share capital or majority of initial capital, which holds the majority vote or has effective control of the said legal person Cont....

Setja inn mynd sem skýrir ákvæðið Mynd

Freezing, salting, drying or any other processing which protects fish and other marine products from decay, including the production of fish-oil and fish-meal.  Foreign direct investment prohibited. Smoking, pickling, canning and retail packaging or further processing designed to render products more suitable for distribution, consumption, or cooking.  Foreign direct investment allowed. Fish processing - Investment

 Foreign investment and ownership in the fisheries sector. Issues that requires specific attention in the negotiations