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FOREIGN INVESTMENTS
Foreign investments in Croatia are regulated by the Company Act. According to this Act, foreign investors have the same rights, obligations and legal status within an enterprise as domestic investors, provided the condition of reciprocity is met. Foreign investors can acquire rights to additional guarantees which are not given to domestic investors. The Croatian Constitution states that rights acquired through capital investments cannot be withdrawn by law or any other legal act. It also insures free repatriation of profits and free repatriation of capital on disinvestment. Total foreign investments in Croatia from 1993 until mid 1999 amounted to approx 2.48 billion USD.
OWNERSHIP RIGHTS OF FOREIGN LEGAL ENTITIES
If a foreign person establishes a company in Croatia, the company is considered to be a domestic legal entity and it may acquire real estate ownership rights irrespective of whether the real estate is acquired for business operations or for another purpose. Foreign persons are also allowed to acquire mortgage rights on real estate. Provided the condition of reciprocity is met, foreign natural persons or legal entities are free to acquire real estate in Croatia. The acquisition of real estate ownership rights is regulated by the Property and Other Proprietary Rights Act, and has to be approved by the Ministry of Foreign Affairs.
CONCESSIONS
As foreign persons cannot become owners of certain types of real estate (natural resources and other wealth that is of interest to Croatia), rights to concessions are regulated by the Concessions Rights Act. The decision on whether to grant a concession is made by the Croatian Parliament or the Government. A concession cannot be granted for the exploitation of forests or other assets regulated by special laws if they are state owned. A concession may be granted to a domestic or foreign legal entity or natural person on the basis of the results of public tenders or bid invitations for a period of up to 99 years (40 years for agricultural land). The party granting the concession and the applicant sign an agreement that is inscribed in the Concession Register kept at the Ministry of Finance. An annual fee is paid for each concession right.
March 2000
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