Procedure for approval to the benefits of the Investment Code

Rédigé le 25/05/2017
ANAPI

PROCEDURE FOR APPROVAL TO THE BENEFITS OF THE INVESTMENT CODE

Repositories

  • Law No. 004 of 21 February 2002 on the Investment Code ;
  • Decree 009/33 of 08/08/2009 on the Statutes, Organization and Functioning of ANAPI ;
  • Decree No. 12/046 of 01/11/2012 concerning implementation measures of the Investment Code ;
  • Approval procedural Manual of projects enacted by the approval Council July 2013.

Procedure

The promoter sends an application for approval to the National Agency for Investment Promotion at the afore-mentioned address, with a file containing the following elements ( Click here to download it in french) :

  1. A copy of the investment project as per the model attached to the Investment Code ;
  2. A list of equipment and materials to be imported electronically ;
  3. Evidence of the legal existence of the company (notarized Statutes, the RCCM n°, tax n°) and other useful documents (ownership, partnership contract, etc.) ;
  4. Payment proof of filing fees of the file with the Bank : $ 1,000 for large companies and UD 500 for SMEs projects and the request (for a file being processed).
  • ANAPI receives investment projects after payment of filing fees to the bank, analyzes them and gives opinion for their approval to the general advantages of the Investment Code regime ;
  • The approval Council scrutinizes the investment projects analyzed by ANAPI, validates them through a minutes report after amendments.
  • ANAPI informs the promoter about the approval or rejection of the project by the approval Council.
  • The drafts of the inter-ministerial decrees approved by the approval Council are submitted for signature respectively to the Ministers of Planning and Finance.
  • The interministerial approval decree is handed to the promoter by ANAPI within 30 days maximum from the date of submission of the application for approval to ANAPI. After this deadline, the authorization is taken for granted.
  • The financial authorities and ANAPI are therefore required to have the investor enjoy all the benefits of the Investment Code upon presentation of the submission receipt of the file signed by the Managing Director of ANAPI or his delegate, and the list of goods to be imported signed by ANAPI delegates, DGDA (Customs authority), DGI (Tax Authority) and DGRAD (Income Authority).