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Introduction of the New Saudi Investment Law

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The Ministry of Investment of Saudi Arabia has officially announced the introduction of a new Investment Law, which will replace the existing Foreign Investment Law established by Royal Decree No. (M/1) dated 5/1/1421H and its executive regulations issued by the Board of Directors of the General Authority for Investment under resolution No. (2/74) dated 12/5/1435H.

The primary objective of the Investment Law is to advance Vision 2030 by promoting the diversification of Saudi Arabia's economy and bolstering its status as a competitive global investment destination. The Investment Law is set to take effect 180 days after its publication in the Official Gazette, with the corresponding implementing regulations expected to be issued within the same timeframe.

The New Investment Law introduces several important reforms aimed at enhancing the investment landscape in Saudi Arabia:

  1. Re-evaluation of Foreign Investment Restrictions: The Law mandates a review of existing limitations on foreign investment and ensures equal treatment for domestic and foreign investors, with a mechanism for case-by-case applications for restricted activities.
  2. Enhanced Investor Protections: It reaffirms the right to repatriate funds and provides protection against expropriation, while also guaranteeing equal treatment for local and foreign investors. Additional protections for intellectual property and trade secrets are included, along with streamlined administrative procedures and government support.
  3. Incentives for Targeted Sectors: The Law anticipates offering incentives, such as tax and regulatory exemptions, to attract investment in specific sectors based on defined objectives and eligibility criteria.
  4. Simplified Licensing Process: The existing foreign investment licensing process will be replaced with a more simplified registration procedure to reduce bureaucratic barriers.
  5. New Penalty Regime: A differentiated penalty system will address serious and less serious violations, allowing investors to avoid penalties for minor violations by responding to warnings.
  6. Alternative Dispute Resolution Mechanisms: The Law enables investors to utilize alternative dispute resolution methods, including arbitration and mediation, to resolve conflicts.

The specific implementation details of the Investment Law, including which activities will remain restricted for foreign investment, the mechanics of the new registration process, and the types of incentives that will be offered, will be clarified once the Implementing Regulations are issued.

Overall, the Investment Law represents a significant development that could help Saudi Arabia in achieving its goal of increasing both domestic and foreign investment over the next decade.

Pascale Dona
By Pascale Dona
Senior Legal Editor

Pascale Dona joined Thomson Reuters in 2014 as Content Specialist. In 2007, Pascale graduated from the Lebanese University with a Bachelor’s Degree in Law, then moved to France and completed her Master’s degree in International Law from Nice Sophia Antipolis University. Pascale has more than 10 years of experience as legal Specialist in Lebanon and UAE. She is a native Arabic speaker and proficient in English and French.

Pascale is currently a Senior Legal Editor for Thomson Reuters MENA. She is based in Dubai and is responsible for maintaining and providing the latest legal content for the MENA region.

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