नेपालमा वैदेशिक लगानीको अवस्था, समस्या तथा चुनौती र सुधारका उपायहरु
Need of foreign investment in Nepal Bishnuhari Regmi
Due to narrow fiscal space in the government finance and feeble capacity of private sector,
foreign investment is essential for developing economies. Foreign Direct Investment (FDI) plays
a crucial role in the economy along with other Portfolio Investment as it impacts directly through
multiplier effect. Every economy in the world is trying to attract FDI today for which
government’s conducive policies and business environment is essential. Hence, FDI is one of the
key elements required for sustainable growth and development of the country and Nepal is no
exception in this regard.
Provision and Condition of foreign investment in Nepal Bishnuhari Regmi
The initiation for FDI was taken in Nepal in 1981 through the Foreign Investment and
Technology Transfer Act. After the political change in 1990, Nepal adopted liberal economic
policies and steps were taken to attract FDI accordingly. Furthermore, Nepal was ranked 124th
among 136 countries in Global Opportunity Index Ranking, 2015 with a score of 3.43. But
according to Global Competitiveness Index 2017-18 (edition) published by World Economic
Forum, Nepal scored 4.00 points and ranked 88
th among 137 countries. This shows that we have
yet to perform a lot for increasing FDI in our economy, though there have been some positive
changes in the economy in recent years.
Present Status and Regulatory Framework
A total of 3905 industries from 90 different countries have been registered securing approval of
NPR 208.04 billion FDI in FY 2016/17. However, Nepal received only NPR 10.15 billion
foreign investment in industries in the first eight months of the period. India has the largest share
of 39.08 percent in the sum followed by China, Hong Kong, South Korea and British Iceland in
the top 5 FDI receiving countries (Annex 1).
According to World Investment Report 2016, Nepal received USD 106 Million in FDI.
Moreover, India was the largest recipient in South Asia with a receipt of USD 4,448 Million.
Nepal was ranked 6th in the region with a share of 1.03%. Only Afghanistan and Bhutan remain
behind Nepal. In Starting a Business index ranked Nepal 109th, compared to Afghanistan (42nd),
Bhutan (94th), India (155th), Pakistan (141st), and Sri Lanka (74h) (Doing Business, 2017 –
Annex 4). Studies show that good regulatory regime is needed for domestic firms to imply
higher FDIs.
The constitution of Nepal directs the state policy to encourage and mobilize foreign capital and
technology investment for import substitution, export promotion and infrastructure development
to suit its national interests (Article 51 D 10). The ongoing 14th periodic plan has envisioned an
innovative, competitive and dynamic economy thorough the mobilization of foreign investment.
Foreign Investment Policy, 2014 has set the goal of making national economy competitive and
dynamic by maintaining trade balance through import substitution and export promotion
attracting foreign capital, technology, skill and knowledge in national priority sectors.
Nepal has realized the high importance of foreign investment in economy and taken steps to
attract FDI. Regarding FDI, there are several rules and regulations which currently prevail in
Nepal. Foreign Investment and Technology Transfers Act, 1992; Industrial Enterprises Act,
2016; Private Investments in Infrastructure Act, 2006; Investment Board Act, 2011; Contract
Act, 2000; Company Act, 2006; Income Tax Act, 2002; Foreign Exchange (Regulation) Act,
1963 are examples. Many of these laws need to be updated in the present context. Foreign
Investment and Technology Transfer Act (FITTA), Foreign Exchange Regulation Act (FERA),
Labor/Immigration Act are important for establishing a firm under FDI. Further, various acts
concerned with operation of the forms are Industrial Enterprise Act, Electricity Act, Environment
Protection Act, Land Acquisition Act, Labor Act, Water Resources Act, Telecommunications
Act, Income Tax Act, VAT Act, Excise Duty Act, Bonus Act, Patent Design and Trademark Act,
Competition Promotion and Market Protection Act, Consumer Protection Act, Copyright Act,
Banks and Financial Institutions Act. This outlines legal complexity in FDI.
Multiple agencies are involved in the approval of FDI. Department of Industry (< $20 mn);
Industrial and Investment Promotion Board ($20 mn - $100 mn); Investment Board of Nepal
(>$100 mn) are three main agencies involved in FDI depending upon investment volume. Office
of Company Registrar (OCR), Sector Agencies (e.g. Telecom, Airline, and Mining), Department
of Inland Revenue, Central Bank, and Department of Immigration are also involved in this
process.
Various programs are proposed in 14th plan (launched in FY 2073-74) for attracting and
mobilizing foreign investment last year. Formulation of new act; Provisions of monetary and
non-monetary incentives; and Agreements on Bilateral Investment Promotion and Protection and
Dual Taxation Exemption are some policy measures for attracting FDI. Development and
expansion of physical infrastructures, including access to roads and electricity transmission lines;
Ensuring industrial security and energy; Improved service delivery on registration and land
acquisition processes for industries established with foreign investment are other measures for
attraction. Reforming legal and procedural provisions as well as institutional improvement;
Setting up a project bank in prioritized sectors of foreign investment are proposed for FDI
mobilization. Furthermore, mobilizing foreign investment in producing goods and services
related to trade with neighboring countries and optimum utilization of local resources and skills
are other programs.
Challenges and Opportunities Bishnuhari Regmi
Though Foreign Direct Investment is prioritized in government policy, the FDI inflow in
Nepalese economy is still not satisfactory. There may be various reasons due to which foreign
investors seem to not be interested in investing here The Global Opportunity Index has identified
four factors of opportunity: Economic Fundamentals, Ease of Doing Business, Quality of
Regulations and Rule of Law. Betterment of these factors are mainly responsible for attracting
FDI. Political instability and transition is responsible for low economic development. Due to
frequent changes in government, Nepal has become unable to pay key attention in attracting FDI.
Political instability leads to policy uncertainty, hence foreign investors hardly gets ensured.
Furthermore, the nation is in the phase of adopting federal structure. Since, all the structures and
institutions have not been established yet, therefore the investors may be in ambiguity.
Lack of skilled labor force and technological expertise, regulatory barriers, inadequate physical
infrastructures, repatriation concerns, exchange rate variability etc. are other concerns of
investors and challenges of FDI inflow. The investors are aware about national credit rating of a
nation for investing but Nepal is not rated till now.
There are ample opportunities in Nepal for FDI: the abundant natural resources, cultural and
biological diversities, economically strategic location between two giant economies China and
India, comparative low wages are some examples. Since the economy is underdeveloped there
are various unutilized sectors, so foreign investors can be benefited from the situation. Various
incentives have been provided to foreign investors by the government which is an opportunity
for foreign investors.
Way Forward Bishnuhari Regmi
There is enough space in Nepali economy to accommodate FDI where the economy and
investors can be mutually benefited. So it is necessary to attract more FDI in the economy. We
have to update our policy and make reforms in it. Furthermore, the implementation of rule of law
and promoting good governance is also necessary.
Rigorous consultation should be performed with private sectors for generating reform agendas. A
platform like Nepal Business Forum for public private dialogue can play significant role. Steps
towards maintaining good industrial relations are essential. As well as, Labor flexibility and
welfare protection should go hand in hand. For these, the existing Labor Act needs amendment
and legal measures for workers’ social safety should be added. Various schemes offered through
legislations are good, however, robust and timely evaluation is necessary for the desired impact.
We need to explore the country’s Economic Fundamentals (EF) (macro-performance, trade
openness, quality and structure of the labor force, and modern infrastructure), Financial Services
(FS) ( financial infrastructure and the business community’s accessibility to credit), Business
Perception (BP) (the size of tax burdens, corporate transparency, corruption, etc.), Institutional
Framework (IF) (institutions provide a supportive business environment) and International
Standards and Policy (ISP) (institutions, policies, and legal system facilitate international
integration by following international standards) to make policies and a business environment
that is conducive .
