Existing Measures:

Labour Law (No. 43/NA, dated 24 December 2013), Article 68

4. Sector: All Sectors

Subsector: -

Industry Classification :

Level of Govemment: Central

Obligations Concemed: National Treatment

Description:

Term of investment licences General business:

The investment in general business has unlimited term of investment except for a business where the term has been determined in accordance with the laws and regulations of relevant authorities.

Concession investment:

The term of investment in concession business depends on the type, size, investment value, and conditions of the concession activities based on relevant laws and regulations; it shall not exceed 55 years, but may be extended with the approval of the Government of Lao PDR or provincial authorities.

Existing Measures

Law on Investment Promotion (No. 14/NA, dated 17 November 2016), Articles 40 and 42

5. Sector: Manufacturing

Subsector: Manufacture of other food products n.e.c.

Industry Classification: ISIC 1079

Level of Govemment: Central

Obligations Concerned: National Treatment Senior Management and Board of Directors

Description:

A foreign investor is allowed to establish a joint venture on the following conditions:

(a) a domestic investor must be the owner and hold the joint venture's licence;

(b) the registered capital of the joint venture must be at least one billion Kip; and

(c) the foreign investor shall hold not more than 20 per cent of total shares of the joint venture.

Existing Measures

Notification on the List of Types of Businesses Subject to Conditions for Foreign Investors (No. 1327/MOIC.DERM, dated 13 July 2015)

6. Sector: Manufacturing

Subsector: Manufacture of pharmaceutical, medicinal chemical and botanical products

Industry Classification: ISIC 2100

Level of Govemment: Central

Obligations Concerned: National Treatment Senior Management and Board of Directors

Description:

A foreign investor is allowed to establish a joint venture on the following conditions:

(a) a domestic investor must be the owner and hold the joint venture's licence;

(b) the registered capital of the joint venture must be at least one billion Kip; and

(c) the foreign investor shall hold not more than 49 per cent of total shares of the joint venture.

Existing Measures

Notification on the List of Types of Businesses Subject to Conditions for Foreign Investors (No. 1327/MOIC.DERM, dated 13 July 2015)

7. Sector: Agriculture

Subsector:

Industry Classification:

Level of Govemment: Central and Provincial

Obligations Concerned: National Treatment

Description:

An investor wishing to invest in agriculture activities with a government land concession, shall obtain an approval for primary data collection of land and project from the relevant competent authorities, following procedures as stipulated in relevant laws and regulations. Following the completion of primary data collection, the investor shall obtain an investment approval from relevant competent authorities, and sign a Memorandum of Understanding with the Government of Lao PDR.

Provincial competent authorities shall consider a request for:

(a) a project with degraded forestland up to 150 hectares and with a lease or concession period not more than 30 years, which may be extended on a case by case basis; and

(b) a project with barren forestland up to 500 hectares and with a lease or concession period not more than 30 years, which may be extended on a case by case basis.

Central competent authorities shall consider a request for:

(a) a project with degraded forestland between 151 and 15,000 hectares and with a lease or concession period more than 30 years, but not exceeding 40 years, which may be extended on a case by case basis; and

(b) a project with barren forestland between 501 and 30,000 hectares and with a lease or concession period more than 40 years, but not exceeding 60 years, which may be extended on a case by case basis.

Existing Measures :

Decree on the Lease or Concession of Government Lands (No. 135/PM, dated 25 May 2009), Articles 28 and 29

8. Sector : Agriculture

Subsector: Pesticide

Industry Classification: -

Level of Govemment : Central

Obligations Concemed: National Treatment

Description :

Investments in pesticide businesses are reserved  for citizens of Lao PDR.

Existing Measures :

Regulation on Management and Usage of Pesticide (No. 0886/MAF, dated 10 March 2000)

9. Sector: Fishery

Subsector: -

Industry Classification:

Level of Govemment: Central

Obligations Concerned: National Treatment

Description:

The Govemment of Lao PDR reserves the right to adopt or maintain any measure with respect to an investor or investment in any activity related to fishery including operation of capture fisheries in Mekong River and its tributary and reservoirs, except for the commercial aquaculture of fish and other aquatic fauna for trade and distribution which shall be licensed and registered in accordance with the Law on Investment Promotion.

Existing Measures

- Law on Fishery (No. O3/NA, dated 09 July 2009), Article 30

- Law on Investment Promotion (No. 14/NA, dated 17 November 2016)

10. Sector: Mining

Subsector: Mining

Industry Classification :

Level of Govemment: Central

Obligations Concerned: National Treatment

Description:

The following licences issued by the Govemment of Lao PDR shall be obtained:

(a) licence for prospecting and exploration; and

(b) licence for exploitation and processing.

Existing Measures

Law on Minerals (No.02/NA, dated 20 December 2011), Article 32

11. Sector: Mining

Subsector: -

Industry Classification: Level of Govemment Central

Obligations Concerned: Prohibition of Performance Requirements

Description:

The Government of Lao PDR reserves the right to adopt or maintain any measure with respect to an investor or investment related to requirements to supply exclusively from Lao PDR of products that such investment produces to a specific regional market or to the world market.

Existing Measures

Law on Minerals (No.02/NA, dated 20 December 2011)

12. Sector: Mining

Subsector: Oil and Natural Gas Industry Classification ISIC 0620 Level of Govemment Central

Obligations Concerned: National Treatment

Description:

A licence issued by the Government of Lao PDR on oil and natural gas shall be obtained and production sharing contract with an investor must be used.

Existing Measures

Law on Minerals (No.02/NA, dated 20 December 2011), Article 32

13.  Sector: All sectors

Subsector: -

Industry Classification :

Level of Govemment Central

Obligations Concerned: Prohibition on Performance Requirements

Description

The Govemment of Lao PDR reserves the right to adopt or maintain any measure with respect to an investor or investment in activities related to royalty and technology transfers.

Existing Measures

14.  Sector: All sectors

Subsector: -

Industry Classification :

Level of Govemment: All levels

Obligations Concerned:

National Treatment Prohibition of Performance Requirements Senior Management and Board of Directors

Description

The Govemment of Lao PDR reserves the right to adopt or maintain any measure with respect to any sectors not identified in this Schedule and new sectors or industries. Any sector classified in the ISIC Code Version 3 as at the date of entry into force of the Second Protocol shall not be considered a new sector or industry for the purposes of this entry.

ANNEX 3. SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. MYANMAR

LIST A. EXPLANATORY NOTES

1. This List A sets out pursuant to Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), Myanmar's existing measures that do not conform to the obligation under:

(a) Article 3 (National Treatment) of Chapter 11 (Investment);

(b) Article 5 (Senior Management and Board of Directors) of Chapter 11 (Investment); or

(c) Article 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment).

2. This List A sets out the following element

(a) Sector refers to the sectors for which the non-conforming measure is taken;

(b) Subsector refers to specific sectors for which the entry is made;

(c) Industry Classification refers to the activities covered by the entry according to:

The Central Product Classification (CPC) of the United Nations Statistics Division Version 2.1; or

International Standard Industrial Classification (ISIC) Revision 3;

(d) Level of Government means the level of government either Central or Regional which maintains the measure for which an entry is taken;

(e) Obligations Concerned refers to the obligations which do not apply to the listed measures;

(f) Description refers to measure that do not conform to Article 3 (National Treatment), Article 5 (Senior Management and Board of Directors) and Article 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment) as the case may be, which do not apply to the listed measures;

(g) Source of Measure means the laws, regulations or other measures that are the source of the non-conforming measure for which the entry is made. A measure cited in the Source of Measure element:

(i) means the measure as amended, continued or renewed as of the date of entry into force of the Second Protocol; and

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure.

3. In the interpretation of an entry, all elements of an entry shall be considered. The Description element shall prevail over all other elements.

4. Notwithstanding the entries contained in this List A, if there is overlap between the contents of this List A and List B, Myanmar may adopt or maintain relevant measures in accordance with List B.

5. For the purposes of this List A:

(a) "Direct Investment" means an investment in which the investor has the tight to control, influence or manage, of such assets which are invested by the investor within the Union in accordance with its laws and regulations;

(b) "Foreign Investment" means any direct investment made by a foreign investor within the Union; and

(c) "Myanmar" or "Union" means the Republic of the Union of Myanmar.

6. Myanmar takes out the MFN obligation from this List A as the MFN obligation shall not apply to Myanmar according to the Article 4 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment). For greater certainty, Myanmar reserves the right to adopt or maintain any measure with regard to investments in services sectors that are consistent with Chapter 8 (Trade in Services).