Revamped Saudi investment law to boost non-oil revenues, attract foreign investors

The updated law strategically positions Saudi Arabia as a global investment powerhouse. Shutterstock
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Updated 02 September 2024
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Revamped Saudi investment law to boost non-oil revenues, attract foreign investors

  • New legislation aims to enhance Kingdom’s business environment, ensuring equal treatment for domestic and foreign investors
  • Strategic overhaul is expected to drive economic diversification and create jobs

RIYADH: Saudi Arabia’s recent move to update its investment law is set to have a major impact on non-oil revenues and attract foreign investment by aligning with international best practices. 

Announced in August, the new legislation replaces the Foreign Investment Law of 2000 and aims to enhance the Kingdom’s business environment, ensuring equal treatment for domestic and foreign investors. 

At the launch of the new law, Saudi Investment Minister Khalid Al-Falih said the legislation “reaffirms Saudi Arabia’s commitment to creating a welcoming and secure environment for investors.” 

The strategic overhaul is expected to drive economic diversification and create jobs by fostering a competitive environment and supporting the growth of the private sector. 

Key objectives 

The updated law strategically positions Saudi Arabia as a global investment powerhouse. 

Mahmoud Khairy, an economist and policy adviser with previous experience at the Central Bank of Egypt, said the updated investment law “is expected to significantly enhance the Kingdom’s ability to attract high-quality foreign investments, especially in non-oil sectors.” 

“It’s a great milestone for the private sector in Saudi Arabia,” he told Arab News during an interview. 

This shift is expected to create a more level playing field and boost investor confidence, a change that Khairy said will “make it easier and faster for foreign investors to enter the Saudi market.” 

The law aims to boost investor confidence by safeguarding rights, simplifying regulatory procedures, and providing incentives aligned with international best practices. 

These efforts are expected to significantly increase non-oil revenues and job opportunities by attracting more foreign investment, thereby contributing to the Kingdom’s broader goals of economic diversification and reducing unemployment. 

Investor protections 

A key feature of the law is it guarantees protection against expropriation without fair compensation, ensuring that investors have the freedom to manage and dispose of their investments freely. 

Investors are also granted the ability to transfer funds in and out of the Kingdom without delay. Furthermore, the law prioritizes the protection of intellectual property and trade secrets in an effort to foster a secure investment environment. 

“The law emphasizes the protection of investor rights, including mechanisms for handling complaints and safeguarding intellectual property,” said Khairy. “This focus on governance and transparency is likely to reassure foreign investors about the security of their investments.” 

Streamlined procedures 

One of the law’s significant changes is the shift from a licensing requirement to a simplified registration process for foreign investors, reducing bureaucratic hurdles. 

The change “eliminates the need for foreign investment licenses, replacing them with a more straightforward registration process,” according to Khairy. 

This simplification is designed to make it easier and faster for foreign investors to enter the Saudi market, thereby promoting a more dynamic investment environment. 

The law introduced a comprehensive service center to assist investors in navigating government procedures efficiently. 

It also allows for the possibility of granting investment incentives based on specific criteria. 

Khairy said that “these incentives could include tax breaks, subsidies, or other financial benefits, making Saudi Arabia a more attractive destination for foreign investments.” 

International standards 

The new law aligns with global investment trends and practices, ensuring that Saudi Arabia remains competitive in the international market. 

It has incorporated feedback from various stakeholders, including government agencies, international organizations, and the private sector. 

By adopting these global standards, the law aims to improve the Kingdom’s rankings in key global indicators.

Khairy said that by adhering to guidelines from entities like the World Trade Organization and the Gulf Cooperation Council, “the law ensures compatibility with global norms. 

“This alignment enhances investor confidence by guaranteeing transparency, fair treatment, and robust protection of property and intellectual rights,” added the economist. 

Dispute resolution 

To further protect investors, the law provides multiple dispute resolution mechanisms, including arbitration, mediation, and recourse to competent courts. 

The flexibility in dispute resolution aims to reduce costs and duration, making the investment process more appealing and secure. 

“By creating a more attractive investment climate, the law supports the Kingdom’s goals of increasing non-oil revenues and fostering economic development in various sectors,” Khairy concluded. 


New Saudi draft project to regulate direct market entry of listed companies’ subsidiaries

Updated 59 min 40 sec ago
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New Saudi draft project to regulate direct market entry of listed companies’ subsidiaries

RIYADH: The Saudi Capital Market Authority has launched a draft regulation for the direct listing of subsidiaries of companies already listed on the main market, inviting stakeholders to provide feedback over a 30-day period, according to a statement issued Feb. 26.

The proposed framework aims to allow subsidiaries of main-market companies to list their shares directly on the main market without undergoing an initial public offering, thereby shortening timelines, streamlining procedures, and reducing the costs associated with listing on the Saudi stock market.

It also seeks to create more investment opportunities in the Saudi financial market, contributing to market depth and product diversification, while maintaining high levels of transparency and protecting investors’ rights.

The proposals enable the issuer and its financial advisor to share information about the company and its financial statements with a select group of potential investors before obtaining CMA approval for the share registration request, allowing them to assess their interest in a direct listing on the main market.

They also allow a specific group of licensed financial advisory firms to prepare research and financial reports, provided these are not published before CMA approval.

The proposed framework emphasizes the importance of proper disclosure by setting out requirements for registering shares on the main market, including submitting a registration document to the CMA.

It also specifies the information that must be included in the registration document, such as the method for determining the reference share price and the risks associated with this method.

Under the draft regulation, securities offering rules, ongoing obligations, and the CMA’s glossary of terms and regulations will be updated to allow this type of listing.

This approach is expected to bring multiple benefits, including maximizing the overall value of the main market with lower risk by listing companies that have greater knowledge and experience of market regulations, as well as deepening the market by increasing the number of listed companies across multiple sectors.