the regulatory environment and foreign private investment

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THE ROLE AND ACHIEVEMENTS OF

NIGERIAN INVESTMENT

PROMOTION COMMISSION

BY

ENGR. MUSTAFA BELLO, FNSE

EXECUTIVE SECRETARY/CEO

NIGERIAN INVESTMENT PROMOTION

COMMISSION

1

INTRODUCTION

Overview of investment Promotion Agencies.

Benefits of FDI.

History of NIPC.

Objectives of the Commission.

Functions of NIPC.

What we are.

Provisions relating to investments.

Investment Protection Agency.

Achievements.

Challenges.

Conclusion.

2

Overview of Investment

Promotion Agencies

FDI has been known to facilitate technology transfer, contribute to expanding and modernizing the production base, improve managerial capacity and improve efficiency, productivity and value addition in the relevant sectors.

Nigerian Investment Promotion Commission is a member of the World Association of Investment

Promotion Agencies (WAIPA). It is an umbrella body for all the investment agencies world over with over 100 members.

3

Benefits of FDI

Transfer of technology to individual firms and technological spill-over to the wider economy;

Increased productive efficiency due to competition from multinational subsidiaries;

Improvement in the quality of the factors of production including management in other firms and not just the host firm;

A healthy balance of payments through the inflow of investment funds;

Increases in exports

Increases in savings and investment;

• Faster growth of output and employment; and

• Welfare improvement due to lower prices of goods and the introduction of new or better quality goods.

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History of NIPC

The Nigerian Investment Promotion Commission (NIPC) was established by NIPC Act No.16 of 1995. This legislation repealed the Industrial Development Coordination Committee (IDCC) Act

No.36 of 1988.

The IDCC itself was established as part of the institutional reforms necessary for the implementation of the Structural

Adjustment Programme (SAP).

However, the IDCC was bedeviled by daunting problems which militated against its optimal performance. They include; lack of quorums at meetings, inadequate funding and intrusion into its statutory functions by other ministries.

It was on the basis of this , that the Government , in 1995 came out with the NIPC Act No. 16 of 1995, and inaugurated its first

Governing Council on the 30th September, 1997. The Commission eventually commenced operation in 1999.

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Objectives of the Commission

To project Nigeria as a safe country to invest in and prosper

• To highlight investment opportunities in Nigeria by sector.

To identify Nigerians who will invest in these opportunities.

To empower Nigerians to invest.

• To identify and encourage target countries and groups outside Nigeria to invest in the economy.

• To portray Nigeria as objectively combating corruption, advanced fee fraud, and improving infrastructure.

To position itself to effectively facilitate investment promotion in Nigeria.

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Functions of NIPC

The Commission is mandated to encourage, promote and coordinate investment in the Nigeria Economy.

The enabling law empowers the Commission to grant approvals on fiscal concessions on industry related incentives such as:

Pioneer industries;

Local raw material utilization;

Export oriented industry;

Implant training;

Investment on infrastructural facilities;

Research and development;

Investment in economically disadvantaged areas; provided that the fiscal incentives for which approvals are given shall be for tax concessions.

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Functions of NIPC Cont’d

Attract investments in and outside Nigeria through promotional means;

Register and keep records of all enterprises as applicable;

Advice the Federal Government on policy matters including fiscal measures designed to promote the industrialization of Nigeria.

To serve as a coordinating and approval centre at the

Federal level, for all governmental approvals with respect to the establishment and operation of industries or business undertakings, and with respect to the operation of governmental measures and schemes aimed at promoting industrialization of the

Country.

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WHAT WE ARE

The NIPC is the only legally empowered Federal

Government agency in Nigeria established by an act of parliament (i.e. NIPC Act 1995) to promote, coordinate and monitor all investment in Nigeria.

We attract, co-ordinate and monitor all investment in

Nigeria.

We report to and are supervised by the Presidency.

We maintain vertical and horizontal relationships with other Agencies of Government and the private sector for the purpose of investment facilitation in Nigeria.

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WHAT WE ARE CONT’D

We provide a range of investment related services that span through Investment Promotion, Investors

Relation, Investment friendly Policy Advocacy and

Post Investment after-care services.

We work in collaboration with agencies like UNIDO,

MIGA, and FIAS, to facilitate the implementation of new Institutional Strategy for investment promotion.

We are equipped with staff that have requisite competencies and skills in the art of best practices on investment facilitation.

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Provisions Relating to Investments

A non-Nigerian may invest and participate in the operation of any enterprise in Nigeria;

An enterprise, in which foreign participation is permitted, shall after its incorporation or registration, be registered with the NIPC;

A foreign enterprise may buy the shares of any Nigerian enterprise in any convertible foreign currency.

Foreign Investors could also repatriate dividends or profit

(net of taxes) attributable to the investment or capital in case of relocation.

Remittance of proceeds (net of taxes) and other obligations in the event of sale or liquidation of the enterprise or any interest attributable to the investment .

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Provisions Relating to Investment Cont’d

The NIPC Act also provides that:

No enterprise shall be nationalized or expropriated by any government of the Federation, and

No person who owns, whether wholly or in part, the capital of any enterprise shall be compelled by law to surrender his interest in the capital to any other persons.

There will be no acquisition of an enterprise by the Federal

Government unless the acquisition is in the national interest or for a public purpose under a law which makes provision for:

Payment of fair and adequate compensation

A right of access to the courts for the determination of the of the investor’s interest of right and the amount of compensation to

12 which he is entitled.

Provisions Relating to Investment Cont’d

Countries are also welcome to execute and enter into bilateral

Investment Promotion and Protection Agreements (IPPA) with the Nigerian government.

NIPC’s Business Permit Registration confers permanent authorization for the local operation of businesses with foreign investments either as branch/subsidiary of a foreign company or otherwise.

Expatriate Quota is the official permit to a company; conveying permission for the company to employ individual expatriates to separately approved job designations, and also specifying the permissible duration of such employment.

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ACHIEVEMENTS

Tracking of FDI in Nigeria

YEARLY PERFOMANCE OF FDI INFLOW BETWEEN 1999-2004

YEARS

1999

2000

2001

2002

2003

2004

TOTAL

NO OF

COMPANIE

S

RECORDED

38

58

50

117

90

109

462

Source: NIPC Records

FDI

INFLOW

(Million $)

LOCAL

INVESTMENT

(Million N)

32.10

47.19

287.29

389.71

240.03

97.65

1,093.97

4,253.91

21,166.70

11,209.75

25,941.46

30,277.12

26,430.32

119279.26

EMPLOYMEN

T

GENERATIO

N

3,964

3,683

5,233

19,349

8,240

7,814

48,283

Reinvestment by major multinationals e.g. Nigerian

Breweries Limited, Guinness Nigeria Plc, Unilever Nigeria

Plc., West African Cement Company, Nestle Foods Plc.

British America Tobacco company, MTN, V-Mobile,

Globacom , etc. amount to over US$4billion 14

ACHIEVEMENTS

Wealthy Nigerians Initiative

Aimed at encouraging wealthy Nigerians at home and in the Diaspora to invest in the country.

• National Council on Investment

To fashion out a national investment policy for the country and also facilitate streamlining of investment promotion activities nation-wide.

• Inter-agency Collaboration/Embassies

Networked with government Agencies and Embassies to establish working relationships with them

• Workshops on Market Fires

Organized two workshops in Abuja and Lagos to sensitize the traders of the negative impact of fire disaster on investment and what could be done to reduce or minimize the menace.

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ACHIEVEMENTS CONT’D

• Presidential Advisory Council on Investment

Set up by Mr. President to advise on investment and members are people in positions that can influence the investment decisions of their companies as well as their government to invest in Nigeria.. NIPC serves as the Secretariat.

Policy Advocacy

Effective Policy Advocacy mechanism designed to serve as an interventionist system of addressing problems encountered by investors.

Business and Investment Forums

Forums packaged to target identified potential investors and multinational companies. Countries visited include: Canada, Malaysia, China, London etc

Matchmaking Investment Meetings

Organized matchmaking meetings between Potential investors and companies.

• Image-building

ACHIEVEMENTS

CONT,D

Embarks on image building activities to project Nigeria as the most profitable investment destination in Africa through adverts in the local and international media, meetings and courtesy call on foreign Embassies etc.

Collaborations with other International Agencies

UNIDO- in which 75 projects were packaged and promoted abroad;

WAIPA and Association of the West African Investment promotion

Agencies AIPAWAS) and NIPC is Vice -Chairman of the Association.

Incentive Package under presidential Cassava Initiative

Prepared appropriate incentive package designed to stimulate investment in the sector.

Role of NIPC in Micro, Small and Medium Enterprise (MSME) project/World Bank

Challenges

Problems hindering investment into the country

Inconsistent government policies

Unfriendly Business laws

Social vices such as corruption, drug trafficking, insecurity, Financial and economic crimes

Uncompetitive incentives

Frequent Labour crises

Poor state of infrastructure

High cost of doing business

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Challenges Cont’d

Efforts of Governments

•Consolidation in the banking sector through the new capitalization of a minimum of N25 billion;

•Enhancement of transparency and accountability in government procurement through the establishment of Price

Monitoring and Budget Implementation Unit (Due Process) in government procurements and contract awards;

•Continued deregulation and liberalization of the economy

• Empowerment of the private sector through the abrogation of all obnoxious investment laws and the enactment (and constant review) of globally competitive investment law

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Efforts of Governments Cont’d

Concerted fight against corruption and economic crimes – establishment of EFCC, ICPC etc

Encouragement of a strong and independent judiciary

Vigorous pursuit of stable macroeconomic environment

Substantial public expenditure to improve physical and social infrastructure.

NIPC has been accorded its proper place by its membership of the Economic Management Team in the Presidency.

Mr. President also has special interest in investment and is the Chief Investment promoter of the country.

Lastly, NIPC has been re-positioned to play its role in ensuring and protecting the interest of investors in Nigeria.

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THANK YOU

FOR YOUR ATTENTION

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