http://www.nepalnews.com

November, 2003

Cover Story

NRN Hopes

The post-Dashain jamboree of Non Resident Nepalis (NRN) in Kathmandu concluded on October 14 with the Prime Minister and Finance Minister promising to bring out a law within four months to accommodate the demands made by Nepali diaspora to facilitate their investment in Nepal. Evaluating the process, participation and conclusions of the conference yield some interesting findings.

Though no significant new facilities were announced by the government for the NRNs, still the mood was upbeat across all three groups of participants - the NRNs, the Nepali private sector and the government. The NRNs were happy that they were treated very well during the event. The organisers (particularly FNCCI) were happy at the significant turnout of the NRNs. Though only 206 NRNs participated in the event, according to the organisers, and it was much less than the targeted 500 (and there were some cases of young boys and girls registered as participants along with both of their parents), the turnout was significant when considered against the perception abroad about the security situation here after the Maoists went back to their more than seven year old insurgency just a couple of months ago. Equally happy was the government as it now can use the significant turnout and the peaceful conclusion of the event as a proof that the security situation is in its control.

"Let's have automatic route"

Professor Bishwambher Pyakuryal
President, Nepal Economic Association

What is the expected level and nature of investment from NRNs and PNOs? Is it going to be so substantial as to replace the foreign loans and reduce the debt servicing costs of the country?

It will be too early to expect significant investments from NRN/PNOs at a time when the value of NRNs conference has just been realized and ground rules are being set. India has opened up basically all the sectors for NRIs. The government offers all forms of fiscal concessions unlike domestic investors. The statistics, however, reveal that during the period 1991 through 2001, investments from NRIs was only $ 2.5 billion as against $ 14.5 billion from other foreign investors.

It is estimated that excluding SAARC, the total remittance from 1.2 million NRNs residing in other countries of the world is roughly Rs. 74,000 million ($ 1 billion). This is encouraging but not sufficient to replace Nepal's dependency on foreign loan. For example, Nepal's net outstanding foreign loan during the first eight months of FY 2002/03 was Rs. 22,1991.9 million (Approximately $ 3 billion). To meet the development expenditure Nepal heavily depends on foreign aid. Total loan commitment during the same period remained at Rs. 24,449.7 million ($330.4 million).

Saving/GDP ratio in Nepal is lowest among other South Asian countries. The savings-investment gap ranging from 7-14 per cent of GDP and deteriorating deficit in the current account of the balance of payments, which has been over 5 per cent of GDP, also necessitates external financing. Therefore, NRN investments may not be that substantial in near future to replace foreign loan.

What facilities should logically be granted to NRNs and PNOs? Should the facilities to NRNs in Nepal be equal to, more than or less than that as granted by India, China to their respective non-resident people?

After clearly defining the Non Resident Nepali, certain relief, exemptions and incentives should be provided with a view to attract investment from NRNs. There is a country-specific need and capability. Nepal should formulate its own policies keeping in view the standard international practices. The amendments in the Income Tax Act, 2002 to comply with the incentives offered by Foreign Investment Act is still pending. Foreign Exchange Act has allowed NRN investors to repatriate profits in convertible currency. There are other incentives as well. As remarkable investments from NRNs have not yet been realized and FDI per se is frustrating, clearly these schemes have not been that effective and operational.

Nepal can learn some lessons from India's experience. Regarding special exemptions in respect of investment income of NRI, what India has done is that the entire income accruing or arising to an NRI investing in the units of the Unit Trust of India is free of income tax provided the units purchased by them are out of the amount remitted from abroad or from their Non-resident (External) Account. Similarly, income from NRI Bonds purchased by NRIs in foreign exchange is exempt from tax. The exemption will be continued to be available to a Non-resident Indian (and their nominee) even after he/she becomes resident.

Before going into the benefits offered by the government, let us understand that in China, a foreign enterprise may be a Chinese resident by being either a Foreign Investment Enterprise (FIE), or a Foreign Enterprise with establishment in China (resident FE). The major benefits that are noticed in China are tax-related. The standard tax rate for any resident enterprise is 30%. However, special rates are offered to Foreign Investment Enterprise and or/ Foreign Enterprises in the special investment zones. FIEs and resident FEs are taxed at 15%. These special zones were designated by the Chinese government over the past 20 years to encourage foreign investment, bring in advanced foreign technology, and offer platforms for export. There are several incentive packages available to investors at special investment zones. The question is not therefore, equal, less or more benefits to NRNs as compared to NRIs and non-resident Chinese, it is the question of country-specific priority for investments and need and NRN based incentive requirements.

What sectors should be restricted from NRNs/PNOs?

Nepal has recently made conditional commitments at WTO to open-up 70 sub-sectors in the service sector. More than three dozens of Acts have to be amended to execute these commitments. Therefore, under the liberalized exchange control regime, laws scripted in Industrial Policy, Foreign Investment and One Window Policy, Foreign Investment and Technology Transfer Act and Industrial Enterprises Act have to be honored and FDI should be permitted under the Automatic Route subject to conditions, except for only those sectors that are included in the restricted list. 

Do you suggest any such schemes as special government bonds in which the NRNs may invest?

Income from NRN Bonds and NRN Bonds purchased by NRNs in foreign exchange should be exempt from tax. Such exemption should be available to Non-resident Nepali even after they become resident and made available also to the nominee of the NRN.

Are the NRNs/PNOs likely to be interested to invest in the Nepali stock exchange?

Why not? As long as you have explicit rules governing their investment, there is definitely a prospect in investing in stocks. Unfortunately, however, Nepal still has a long way to go for the development of capital market.

NRN should be allowed to invest in shares either singly or jointly. A clear-cut policy should be brought out by Nepal Rastra Bank to authorize such joint holdings with repatriation benefits, provided the investment is made by sending remittances from abroad. Remittances/repatriation of capital/dividend should be allowed to the non-resident investor. However, in the event of the joint resident holder (close relatives resident in Nepal) inheriting shares, he/she should not be entitled to any remittance/repatriation facilities.      

What other changes in the rules are likely to be warranted, as per your studies, if NRN investment is to be attracted? 

The draft Industrial Policy, 2002; Industrial Development Perspective Plan: Vision 2020 and Foreign Investment Policy, 2002 are more WTO friendly and outward looking, though these policies have not yet been enacted because the Parliament is dissolved due to the political crisis. In the mean time, there have been new developments in the regional trade and WTO regime. Industrial and investment policies should, therefore, be redesigned by properly accommodating crosscutting issues raised and directed by regional and global bodies so as to safeguard foreign direct investment and ensure the growth of national economy.

The Heritage Foundation's Index of Economic Freedom uses relatively objective scoring system to rate countries on a 1-to-5 (good-to-poor) scale, under a series of headings. Nepal rates poorly on investment-related indicators: capital flows and foreign investment (4, high barriers), property rights (4, low-level of protection), and regulation (4, bureaucratic delays, inefficiency, and pervasive corruption), contributing to an overall score of 3.5. Therefore, to move Nepal close to 1, and attract investments from foreign investors in general and NRNs in particular, automatic business approval, where license requirements are met, needs to be facilitated. Labor Act, 1992 that makes labor markets rigid should be amended. Bankruptcy and Mergers Act should be enacted without further delay to reduce investor's risk.

Recent studies have revealed the need for massive improvement in the overall business environment for attracting FDI. Political environment and industrial security are frequently pronounced concerns in recent years. The investors put emphasis on the need for developing local market. They observe that investment incentives are important rather than tax incentive. A strong is often times made case for mandatory legal and regulatory measures.

To attract NRN's investment, a common concern exhibited by potential foreign investors should be taken into consideration. These priorities include: economic stability; profitability of investment; repatriation of capital; transfer of technology and repatriation of earnings. Thus any changes in the existing rules should initially address aforementioned areas of priorities.

The government was a lot eager to get some positive evaluation from the NRNs. That explains the readiness with which the Prime Minister and the Finance Minister promised to fulfil almost all of the demands of the NRNs. Some observers also went on to attribute this to the fact that both of them are fathers of some NRNs.

While the NRNs and the organisers were cherishing the event, there also were some bitter remarks circulating about the NRNs. Some sections of the society even went on to say that the NRNs or PNOs (People of Nepali Origin) were in fact traitors to the nation as some of them had gone abroad for further study on government scholarships and did not return home upon completion of their studies. This negative perception about the NRNs was matched by similar negativism from some NRNs who did not resist the temptation to make speeches at the conference itself deriding the residents as a bunch of do-nothing lazybones who could not manage to go overseas for the reasons of their incompetence and while staying back were causing all sorts of harms to the country.

What can be done for NRNs

 1.    Define NRNs as those Nepali citizens who lived abroad more than 6 months continuously and attained resident status in a foreign country. The term "NRN" should refer also to the PNO who should be defined as a foreign citizen who has a relative of within three generations residing in Nepal as a Nepali citizen.

2.    Each special law to deal with the investment of NRNs and PNOs in Nepal.

3.    Simplify the rule to grant 10 years non-resident visa to PNO.

4.    Start process to grant dual citizenship to large investors and to provide special identify cards of 10 years duration for PNOs/NRNs exempting visa requirement for holders of such card.

5.    Accept foreign currency investment as loan or equity from any Nepali who shows proof of being a resident of a foreign country. Treat it like FDI and allow repatriation of such investment, as well as the profit or interest there from, in foreign currency.

6.    Allow NRN/PNOs to maintain foreign currency account in the Nepali banks.

7.    Exempt customs duty on the gift from NRN to their relatives under specified circumstances.

8.    Allow PNOs to own houses/flats developed by real estate companies.

9.    Reserve for NRNs 10% of the shares that the financial institutions issue for the public through the primary market. Allow NRN investment in convertible foreign exchange also in other companies. Gradually open also the secondary market for NRNs.

10.  Introduce fast-track route to allow NRN investment on infrastructure project under BOOT arrangement.

11.  Allow NRNs to borrow in the international market up to the double of what they invest here.

12.  Enter into agreement for double tax avoidance with countries where the PNO/NRN population is significant.

13.  Open tourism, health and education sectors for foreign currency investment from PNO/NRN.

14.  Allow NRN/PNO to purchase HMG bonds and institutional debentures through depository institutions.

15.  Allow NRN/PNO to own up to 80% equity in a financial institution that they set up.

16.  Do not ask for the source of the investment that a PNO/NRN brings to Nepal. Do not tax such amounts.

17.  Expand the duty free facility on personal effects that NRN/PNOs import after staying for a long period in a foreign country.

18.  Grant permission to NRN/PNO with priority if they want to set up money transfer and banking system to transfer to Nepal the earnings of Nepalis working abroad.

19.  Set up a separate desk at the Department of Industry to minimize the administrative hassles that NRN/PNOs may face in their investment.

(Based on the draft report by a committee set up by the government under the convenorship of Dr. Yuba Raj Khatiwada, member of National Planning Commission)

One important aspect about the event was the low presence of investors/businesspersons. Some prominent NRNs who are running good businesses abroad were conspicuous by their absence. Some regions sent physicians and professors as their representatives who could not make any decision whether to commit investment or not. They just said that they would hold a meeting of their members when they go back to the region of their residence and report their observations to business owner friends. This may be the reason why not even a single MOU or joint venture agreement was reported signed during the event between resident and non-resident Nepalis, except the one about the proposed old-age home at Devghat.

NRN Potentials Myths and Realities

Myth # 1: NRNs can bring about investment on their own.

Reality Check: That may be true for some of them. But the more realistic expectation would be that the business contacts they have overseas can be utilised to influence the investment decision of the foreigners.  who may be guided to come to Nepal by the NRNs.

Myth # 2: NRNs can bring a lot of investment so that Nepal would not need to woo the foreigners for FDI.

Reality Check: Most of the NRNs are first generation migrants who are working as professionals not as businessmen. Even those who own their own business have recently started it. Therefore, the investment they may bring in is not going to be colossal amount, though it may be significant in view of no FDI coming in these days.

Myth # 3: NRN investment will come in agriculture, manufacturing and tourism.

Reality Check: Partially true. As the majority of NRNs are professionals like doctors, scientists, consultants and also artists (particularly in Indian cinema), these people prefer to invest in mutual funds, share certificates and government bonds. This may indicate to the urgent need to reform the rules relating to the stock exchange.

Myth # 4: NRNs will invest in Nepal out of the love for the motherland.

Reality check: Again partially true. It is rarely that patriotism or altruism may be the guiding factors for investment.

It can be noted that the expectations of high investment coming from the NRNs needs to be qualified. The population of PNOs is insignificant as most of the Nepalis living abroad are first generation migrants who have just started earning good money. Though the number of PNOs can be put very high as the Nepali speaking people in Burma and India qualify for this title, the investment potential from them is not significant, except a few individuals like Manisha Koirala and Udit Narayan Jha (who must have earned good money from the Mumbai film industry) and some businesspersons in Burma.

One very important, finding of the conference is that many NRNs who want to invest in Nepal would face a punishment under one of the existing laws of the country. As Bharat Raj Upreti, a renowned corporate lawyer, noted in a paper he presented to the conference, the Foreign Investment Prohibition Act 1964 (2021 BS) has a provision for six months of imprisonment to a Nepali citizen who invests in a foreign country without the prior permission of the Nepali government. It means, as long as this law is not repealed any NRN who wants to invest as NRN in Nepal has to collect proofs to show that the money he/she has earned from abroad does not come under the purview of this law.

Some Prospective NRN Investors

Aditya Jha (Toronto, Canada)

aditya@osellus.com

Present line of business: Information Technology

Firms: Osellus Inc.

Interested to set up IT education institute

 

Ajambar Basnet (Singapore)

basnet@chariot.com.sg

Present line of business: Travel trade

Firm: Chariot Travels Pte Ltd.

 

Bhim Udas (UNDP, Russia)

Present line of business: None

Coordinator of NRN International Coordination Committee

 

Bijaya Niraula (USA)

Present line of business: Management Consulting

Firm: America 2000, Inc.

Position: Owner and Chief Operating Officer

Project in Nepal: Medical Transcription

 

CS Sapkota (UAE)

sapkotas@emirates.net.ae

Present line of business: Trading

Firm: Mask Building Maint (LLC)

 

Deepak Khadka (Hong Kong)

Engineer

Present line of business: Construction

DM Hirachan (Osaka, Japan)

asukagroup@rapid.ocm.ne.jp

Present line of business: Travel trade, precious stones

Firms:

(i)   Asuka Travel & Tours (P) Ltd.

(ii)  Ayumi Treks & Expeditions (P) Ltd.

(iii)             Asuka Gems Co. Ltd. (factory at Pokhara)

 

Dr. DK Dangol (Doha, Qatar)

Physician, holds US Passport

Interested in setting up international airline company in Nepal in joint venture with Qatar Airways

Present line of business: Construction, Auto-engineering, Nepali Restaurant

Firms:

(i)   International Trading Trans & Contracting Company

(ii)  Mount Everest Engineering Workshop & Scraps

(iii) Nepal Worldwide Money Exchange (a joint venture with Gulf Exchange Co of Qatar)

(iv)              Honorary Trade Representative of FNCCI in Qatar

Dr. Gopal Paudyal (UK)

gopalpaudyal@hotmail.com

Founder & Principal: Boston College of London

Interested to invest in education sector in Nepal

Hum B Gurung (Hong Kong)

honep@yahoo.com

Present line of business: Information Technology

 

Krishna Pandey (Hong Kong)

fishtailhk@netvigator.com

Present line of business: Travel trade, construction and restaurant

Firms:

(i)   Fish-Tail Tours & Travels

(ii)  Builders Force Engineering Ltd.

(iii)             Asian Village Restaurant

 

Manisha Koirala (India)

Movie Actress

 

 

Ramesh Shrestha (Thailand)

ramesh@ksc15.th.com

Present line of business: Trading

 

Sharda Jung Thapa (Chicago, USA)

sjthapa@speedsite.com

Consultant, Business & Strategic Planning
(use the contact of NRN to bring FDI)

 

Udit Narayan Jha (India)

Singer

 

 

"All in precious stones":

PNOs from Myanmar (Burma)

Chola Nath Banjade

MD
Precious Stones Co. Ltd.

 

Hari Lall Ghimire

MD
Nine Brothers Gems Co. Ltd.

 

Ganga Ram Paudel

Director
Precious Stones Co. Ltd.

This indicates to the urgent need for a special law to deal with NRN investment. However, the lawyers also say the existing laws do not stop the NRNs from investing in Nepal. In fact, there are many NRN investors with business holdings in Nepal, the prominent example being Dr. Upendra Mahato and his colleagues from Ex-Soviet Union republics. But as their investment is in the capacity of a Nepali national, they cannot take their investment and profits back to where they are living now because of the existing foreign exchange law, while other foreigners who bring in Foreign Direct Investment (FDI) can avail of such facility. Therefore, one of the few refrains of the NRNs during the conference was: "We do not get even those facilities that the foreigners are getting". The PNOs do not have this problem, as they can invest here as any other foreign can. But they are asking for something extra as the facilities than what the other foreigners are entitled for.

Some Existing NRN Investors

Dr. Upendra Mahato (Russia)

upn@rubin.ru

Business abroad: Petroleum, Real Estate, Export-Import, Banking, Pharmaceuticals

Business (investment) in Nepal:

(i)   Medicare National Hospital

(ii)  Standard Finance

(iii) Kantipur Engg. College

(iv)  Kantipur TV Network

(iv)              Chairman of NRN International Coordination Committee

 

Jiba N Lamichhane (Russia)

jiba@wlink.com.np

Business abroad: Trading

Business (investments) in Nepal:

(i)   Kantipur Television Network

(ii)  Medicare National Hospital

(iii) Kantipur Engg. College

(v)                 Acme Engineering College

 

Tek Raj Niraula (Russia)

sanima@rubin.ru
sanima@wlink.com.np

Business investment abroad:

Business (investment) in Nepal:

(i)   Sanima Hydropower

(ii)  Kantipur Television Network

(iii) Medicare National Hospital

(iv)       Molnia Power

Equally important is the fact that under the existing laws, the money that the NRNs bring from countries other than India, Thailand, Sri Lanka, Austria, China, Korea, Mauritius, Pakistan and Norway can be taxed in Nepal as she has double taxation avoidance treaty with only these countries.

Next conclusion that can be derived by going through the papers presented in the conference and the proceedings thereof is that both the Nepali organisers (government as well as the private sector) and the NRN participants are trying to hook on the emotional nerve of each other. The government and the private sector of the country were requesting the NRNs and PNOs to be magnanimous and come forward to help the country, while the NRNs and PNOs were stressing on the point that they are ready to help the motherland in this critical juncture provided the motherland extends them something extra to what she is providing to the aliens.

This provided a strong point for the critics. "Trying to get both of the facilities that the Nepali nationals and foreign investors may enjoy, the NRNs want to have the cake and keep it too."

One important point, however, that cannot be forgotten is that this conference was not at all aimed to start NRN investment flowing into the country from the moment the event concluded. As the FNCCI officials were repeatedly emphasizing, it was more an effort to know each other and see if anything can be done to mobilize, for national development, the Nepalis scattered around the world. In that respect, this meet was really successful.

Rs. 5 million spent on it (Rs. 1m from HMG, Rs. 2.8m from FNCCI and NRNs and Rs. 1.2m raised from registration fee) can be considered put to good use if the meet has helped to reduce the negative perceptions about each other between the NRNs and the Nepalis.

But that will be seen only in the future.


Cover StoryEditorial | Biztoon | Political | Economy & PolicyManagement | SME Focus 
No Laughing Matters | Personality | Stock Talking | Marketing | Young Achievers | Legal Side | I-Tech | Book Review | Interview  
  Main | Past

Send your feedback to the editor: bizline@mos.com.np  
2003 © Mercantile Communications Pvt. Ltd. P.O. Box 876, Durbar Marg, Kathmandu, NEPAL. Tel : 977 1 220 773, 243 566 . Fax: 977 1 225 407. Reproduction in any form is prohibited without prior permission. No part of the articles which appear in the internet version on NEW BUSINESS AGE may be reproduced without the permission of Mercantile Communications Pvt. Ltd. For reprinting rights, please write to us.  Send us your feedback : contact us.

Back to the top