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However, there is no specific law provision addressing this question. Are there any sector-specific review mechanisms in place? There are no such sectors or activities specified by law. The definition of foreign person includes foreign citizens and foreign legal persons as well as citizens of the Republic of Kosovo residing abroad Diaspora. Foreign investment is considered to be any asset owned or otherwise lawfully held by a foreign person in the Republic of Kosovo for the purpose of conducting lawful commercial activities, including but not limited to: movable and immovable property, including rights on such property such as a mortgage, lien, pledge, lease or servitude; intangible and intellectual property, including rights on such property, as well as goodwill, technical processes and knowledge; cash, securities, commercial paper, guarantees, shares of stock or other types of ownership interests in the Republic of Kosovo or a foreign business organisation, bonds, debentures, other debt instruments; claims or rights to money, goods, services, and performance under contract; concessions or licences conferred by law, administrative act, or contract; and returns yielded by an investment in the Republic of Kosovo or an investment elsewhere.
There are no such specific rules. If so, what is the nature of such requirement existence of subsidiaries, assets, etc. There is no such requirement. This is not applicable in Kosovo. Jurisdiction and Procedure 3. Are there any monetary or market share-based thresholds? Such conditions are not provided by law. As far as strategic investments are concerned, the Law on Strategic Investments stipulates the minimum amount that must be invested in a certain sector in order for an investment to receive the status of a strategic investment.
Thus, at least 30 million euros must be invested in the energy, infrastructure, mining, transport, telecommunications, wastewater and waste management sectors in order for such an investment to be considered strategic. In the tourism and manufacturing sector, at least 20 million euros must be invested, while in the health, agriculture, food industry, industrial and technology parks sectors at least 10 million euros must be invested.
This is not regulated by law. Are there any filing fees? The law is silent in this regard. Necessary approvals depend on the sector in which the investment is made. However, in the case of strategic investments, a foreign investor can engage in advance consultations with the authorities, specifically with the Inter-ministerial Committee for Strategic Investments established by the Government and KIESA. This issue is regulated only when it comes to strategic investment.
In this regard, a request by an investment entity for obtaining the status of strategic investment should contain i an investment business plan, ii an investment financing plan, and iii a work programme for implementation of the strategic investment for the duration of contract, which should not be shorter than five years. If the investment entity is established for the purpose of this investment, the above requirements shall apply for the parent company and the joint venture partner.
There are no provisions in the Kosovo legislation on this. Are there any provisions expediting the clearance? In the former case, does the review have a suspensory effect on the closing of the transaction? Can the parties close the transaction at global level prior to obtaining local clearance? If so, what are the requirements, and do they have any particular rights during the procedure?
The young generation of Kosovars represents perhaps a unique opportunity to achieve this. The EBRD sees this as sustainable. We are determined to make a strong contribution to help the country address this challenge and find sustainable solutions. Our focus is on energy diversification through renewable energy production, improving power transmission and supporting energy efficiency improvements.
We are working closely with the authorities to finalise the regulatory framework in a form that will unlock significant investment in clean, domestic power. We are also working to improve residential energy efficiency by extending a number of credit lines and in we signed Prishtina up to our Green Cities programme. This goes hand in hand with work to develop the sector sustainably through policy discussions on the investment climate and governance, and with advisory services to accelerate the growth of small businesses.
Municipal infrastructure is an additional area that offers significant investment opportunities. Last year we signed an MoU with the government on this and we plan to sign the first project under this envelope, the Gjilan wastewater treatment plant, very soon. Over the coming few years, and given the right conditions, we are aiming to increase our investment up towards million euros a year.
Mr Taylor believes this brings both advantages and disadvantages. Interest rates can also be lower.
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