Economy

An Attractive Business Climate

To support the dynamism of its economy and further promote investment, Niger has adopted a body of legal and tax incentive rules through the tax, mining, petroleum, investments, public contracts, customs, labor codes, and the competition code. WAEMU, the SME charter and the law on public-private partnership.

1. SECURING LEGAL FRAMEWORK

The legal framework offers:

• The possibility of acquiring and exercising all rights of any kind in matters of property, concession, and administrative authorization and of tendering for public contracts;
• The possibility of transferring income of any kind from the capital invested and the proceeds of the liquidation of the investment;
• The possibility of making all transfers to non-resident natural or legal persons;
• The possibility of resorting to arbitration and to the International Center for the Settlement of Investment Disputes (ICSID), in the event of a dispute;
• Ease of access to land through simplified property transfer procedures;
• Free access to public procurement;
• Wider competition between bidders;
• Equal treatment of candidates;
• Transparency of public procurement award procedures;
• Efficiency in the procurement process;
• The possibility of appeal in the event of a dispute of the procedure by a third party at the level of the Public Procurement Regulatory Council;
• Transparency of public-private partnership contract award procedures;
• The existence of simplified procedures for public-private partnership contracts;
• The possibility of making spontaneous offers;
• A vocational training system adapted to the requirements of the job market;
• The organization of work adapted to the operation of mining and oil companies;
• The elimination of almost all monopolies;
• Freedom of prices and free competition;
• The liberalization of foreign trade through the elimination of licenses and non-tariff barriers;
• The application of the relevant provisions of the Organization for the Harmonization in Africa of Business Law (OHADA);

2. Incentive Tax Benefits

2.1 A very favorable investment code

Approval under the Code is granted to national and foreign investors for determining periods according to the approval regime (A, B, C). The so-called conventional C regime is intended for large companies and especially investors. He plans :

• The possibility of acquiring and exercising all rights of any kind in matters of property, concession, and administrative authorization and of tendering for public contracts;
• The possibility of transferring income of any kind from the capital invested and the proceeds of the liquidation of the investment;
• The possibility of making all transfers to non-resident natural or legal persons;
• The possibility of having recourse to the International Center for the Settlement of Investment Disputes (ICSID), in the event of a dispute;
• From a tax standpoint, the investment code grants several advantages both in the investment phase and in the operation phase.

2.2 A Mining Code To Exploit Immense Resources

From a fiscal standpoint, the mining code offers:

• Exemption from import duties, taxes, and duties on all equipment, materials, and products directly used in mining operations;
• Free export of the exploited product;
• Free transfer of capital;
• Exemption from tax on industrial and commercial profits, for the first five (5) years for the large mine and the first two (2) years for the small mine, from the first year of commercial shipment;
• The stability of the tax system throughout the duration of the agreement.

2.3 An Oil Code For Proven Resources

Niger offers all the possibilities of partnership. The advantages conferred are:

• Total exemption from import duties and taxes for materials, supplies, equipment and spare parts, intended for petroleum operations;
• Free import and export of petroleum products;
• Free conversion and free transfer of funds;

2.4 A Reassuring Public Procurement Code That Guarantees:

• Free access to public procurement;
• Wider competition between bidders;
• Equal treatment of candidates;
• Transparency of public procurement award procedures;
• Efficiency in the procurement process;
• The possibility of appeal in the event of a dispute of the procedure by a third party at the level of the Public Procurement Regulatory Council.

2.5 A Secure And Attractive Public-private Partnership Framework

The law on the general regime of public private partnership contracts allows a legal person governed by public law to entrust a legal person governed by private law with the construction of infrastructures or works of public utility.

In particular, it offers:

• Free access to public contracts,
• Wider competition between tenderers,
• Equal treatment of candidates,
• Transparency of contract award procedures,
• The existence of simplified procedures,
• The possibility of making spontaneous offers,
• Multiple advantages in accounting, financial and fiscal terms.

2.6 Work And Employment

Niger offers

• The flexibility of the labor code;
• A qualified and available workforce.