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Myanmar legislation fuels investors' interest

Mar 26. 2017
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By Khine Kyaw
Myanmar Eleven
Asia News Network

8,440 Viewed

Reforms to enable business will send out positive signals, expert panel hears

Though multinational companies are still on the waitandsee move to enter Myanmar, the nation’s recent legislative reforms to create a more enabling business environment will create positive signals for foreign direct investment inflows, according to a panel discussion by Oxford Business Group taking place on last Thursday.

The panelists at the roundtable entitled, “Impact of the new investฌment law and Companies Act on Myanmar’s business climate”, amiฌcably agreed that Myanmar’s legal reforms would help the nation to attract high quality and responsible investors. 

Pedro Jose Bernardo, partner at Kelvin Chia, noted that the new law is an excellent piece of legislation which will make it easier for people to come and invest in Myanmar, as it provides clear investment protecฌtions.

He said the passage of the longawaited updates to the Companies Act, and the institutionalisation of a responsible publicprivate partnerฌship framework to further make Myanmar a truly competitive investment destination.

Charles Schneider, senior operaฌtions officer of International Finance Corporation, has been helping the Myanmar government with modฌernising investmentrelated laws and regulations since 2014. He said that the new legal framework will help to differentiate Myanmar from other investment destinations to maximise the nation’s already high potential.

He stressed the importance of transparency of the regulatory framework to attract responsible businesses that will bring modern technology and create new jobs in Myanmar.

Yet, Schneider suggested moniฌtoring approved businesses to invesฌtigate whether they do the same as committed in their proposal. 

“Approved investment is really a huge number. But if you look at other statistics that show actual investฌment, i.e. how much is really investฌed, it is probably 1020 per cent (of approved amount),” he said.

Kristen Bauer, US embassy’s deputy chief of mission, said that the responses to the new law have been positive and people are now waiting for its full implantation, particularly for the bylaws. She said the reforms will push for the libฌeralisation of controls on sectors such as insurance, agriculture and banking.

“The interest is driven by the realฌity. It is a growing market with a very high potential,” she said.

Aung Thura, founder and chief executive officer of Thura Swiss Co, welcomed Myanmar Investment Commission’s recent move to devolve power to investment by allowing State and region investฌment committees to permit investฌments worth up to US$5 million or Ks6 billion. He urged to strengthen regional authorities’ capacity.

“Basically, if you abolish an old system, you need to have the replaceฌment system ready… Decisions need to be made within one or two months, and they need to be moniฌtored as well,” he said.

Aung Thura suggested building up confidence that Myanmar is a staฌble investment environment by making processes easier, planning policies and allowing proper transiฌtion periods.

“We have very high expectations that everything will change immeฌdiately. 

Yet, Myanmar is in a competition. Basically, some multinational comฌpanies and smaller companies will see if it is now the right time to invest in Myanmar. Probably, they will have the attention once a year. We really need to grasp such kind of opportuฌnity,” he said.

“We have a new law. We want to show Myanmar has changed, and is really interested in attracting investment,” he added, suggesting that the top level of the administraฌtion should lead the moves to attract FDI.

Azeem Azimuddin, chief finanฌcial officer of Aya Bank, said that new laws and transparent implementaฌtion of regulationrelated measures will help Myanmar gain a top 50 position in World Bank’s Doing Business ranking. But the impleฌmentation needs to follow thorough to make it sustainable, he said.

“We have just gone thorough the first round. This is a 15round super heavy weight fight. We have to be standing at the end of the 15th round,” he said.

Azimuddin said there should be no delay in the implementation of the new laws, and the entire regulaฌtory framework and roadmap for the next five, seven or ten years should be made public. 

He added that all draft regulaฌtions should go through a consultaฌtive process with various stakeholdฌers. He said Myanmar has a real opportunity to develop from a leastdeveloped country to a middlemarฌket growing economy, although it is by far in the lowest in the region in terms of bank capital. 

He urged the government to learn from what India, Thailand and Brazil have done. 

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