Iran located in South-Western Asia, in the very heart of the world’s richest sources of energy, endowed with a wide variety of natural resources, great potentials for tourism attraction (due to its geographical /climate diversity, historical heritage etc), connecting

Caspian Sea to Persian Golf, the Central-Asia and Far East to the Middle East, having access to almost all major water ways in the world, has an irresistible attraction for foreign investors.

However, there had been quit a few obstacles (namely revolution, war, improper rules and regulations, lack of transparency in the government’s economic policy and relevant laws) that kept foreign investors away from Iran. With due consideration to the foregoing, the Iranian government launched its first five-year plan aimed at the reconstruction and economic recovery in 1989, after the end of the eight-year Iran-Iraq war. The main objective of this plan was to transform the managed economy of the war to an open economy based on market forces, and establish and maintain relations with the global economy.

Due to the existing limitations for the application of the market economy, and concern over the side effects of such a sharp transformation on the social welfare, it was decided to assign some locations and establish free or economic zones in order to completely apply the principle of a free market economy.

Therefore, Iranian legal regime with respect to foreign investment is divided into three regimes:

1-     General laws and regulations governing foreign investment in the main land of Iran (particularly Protection of Foreign Investment Act). Click Here

2-     Laws and regulations governing Free Trade-Industrial Zones. Click Here

3-     Laws and regulations governing Special Economic Zones. Click Here

According to the relevant law, Free Trade Zones and Special Economic Zones are those parts of the Iranian territory that are managed according to the special laws and bylaws, and are excluded from the laws governing the motherland.

These zones are excluded from the domain of the custom authorities and enjoy from the full freedom for in/out flow of the goods and commodities. Unique geographical locations, sufficiently developed infrastructure and the foreign investment incentives have provided ample opportunity for internal as well as foreign investments in the zones. However, due consideration should be paid to the  legal differences between Free Trade-Industrial Zones and Special Economic Zones, as the latter have more limitations.

Each of these zones is governed by its respective organization/authority in accordance with “Free Trade-Industrial & Special Economic Zones Laws and Regulations”(1993) and relevant bylaws. In order to bring about coordination among these authorities, a council, chaired by the president and composed of the followings, is established:

The ministers of: Economic Affairs and Finance, Commerce, Interior, Labor and Social Affairs, Industries, Mines and Metals, Roads and Transportation, Petroleum, energy, Housing and Urban development, Culture and Islamic Guidance; and the head of Plan and Budget Organization, the Governor of the Central Bank of Iran and the Secretary of the High Council of Free Trade-Industrial Zones.

 
 

Copyright 2004 Eskandari & Co All rights reserved