Investment Guarantees in South Sudan

Investment Guarantees in South Sudan

The Investment Promotion Act of South Sudan of 2009 provides investors with the following

investor guarantees:

• Non-Discrimination:

Both local and foreign investors can own and operate businesses in any sector of the economy in

South Sudan, except those sectors identified as areas where national investors hold priority such

as postal services, co-operative services and car hire and taxi operations.

• Guarantees against Expropriation:

The RSS shall not nationalize any enterprise, nor shall any investor be compelled whether by

law or any other means to cede any part of their capital. If there is an overriding public interest

that can only be met by means of expropriation, the investor will be entitled to fair and just

compensation without undue delay, and the investor has the right to have such compensation

determined in the courts of law.

• Protection of Intellectual Property Rights:

Intellectual property rights such as trademarks, copyrights and patents are protected and

enforceable in accordance with the law.

• Access to Public Information:

Investors have direct and open access to all laws and decisions of courts, other adjudicative

bodies and to any information related to their investment.

• Repatriation of Capital Gains, Profits and Dividends:

Investors have the right to freely repatriate their money in freely convertible currency, or dispose

of it in a manner they deem fit, subject to tax and other lawful obligations.

• Dispute Resolution:

An aggrieved investor will have recourse to the courts of South Sudan which have jurisdiction

over business disputes. Parties to a dispute are also free to specify alternative dispute resolution

mechanisms they may agree upon. Any investor in dispute with the government has recourse to

internationally accepted dispute resolution mechanisms.