The Foreign Investment Act (FIA) 1999 and Foreign Investment (Amendment) Act 2004 lays down the guidelines by which a foreign investor can invest in Fiji.

What does the Act says?
There are 20 Articles in the Foreign Investment Act 1999 and Foreign Investment (Amendment) Act 2004. Not all of them are written in this page. This page serves to highlight only certain aspects of the FIA.

What are the main aspects highlighted in the Act?
A copy of the Act can be obtained from the Fiji Islands Trade & Investment Bureau Office.

Foreign investors are required to especially study:
- the list of Reserved Activities
- the Restricted Activities
- application for Foreign Investment Registration Certificate

Get hold of a copy of the Foreign Investment Act
Get hold of a copy of the Foreign Investment Act 1999 and Foreign Investment (Amendment) Act 2004 for yourself and talk to FTIB about  it.

FOREIGN INVESTMENT ACT 1999
(No. 1 of 1999)
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FOREIGN INVESTMENT REGULATIONS 2008

Citation and Commencement

1. (1) These Regulations may be cited as the Foreign Investment Regulations 2008.

(2) These Regulations come into force on the 11th day of July, 2008.

DISCLAIMER
This is not an authoritative text of the legislation, which is published by the Government Printer. The information in this document is not intended to be relied upon and no representation is made as to its accuracy. Independent advice should be taken before acting on any information contained in this document.
_____________________________________________________

Interpretation (Article 3)

1. Business includes a business not carried on for profit but does not include a business carried on by a charitable trust;
   Certificate means a Foreign Investment Registration Certificate;
   
   Chief Executive means the Chief Executive of the Fiji Islands Trade and Investment Bureau;
   
   Foreign investor means an enterprise, other than a national enterprise, engaged or intending to be engaged in carrying on business in a relevant activity in the Fiji Islands
   
2. A person is taken to be associated with a foreign investor if:
   
   (a) is one of those persons or a partner or, in the case of a private company, a member; or
   
   (b) is a director, secretary or trustee of the corporation, company, trust, partnership or association or body of persons.

Certificate (Article 4)

1. A foreign investor must not carry on business in a relevant activity in the Fiji Islands unless the Chief Executive has granted the foreign investor a Foreign Investment Registration Certificate.
   
2. A certificate granted to a foreign investor does not relieve the foreign investor, or any person associated with the foreign investor, from compliance with the laws of the State.
   
3. The granting of a certificate to a foreign investor does not entitle the foreign investor as of right to any licence or assistance for which the investor may be qualified.
   
4. The granting of a certificate to a foreign investor does not relieve the foreign investor of the duty to secure any approval from any other relevant authority that may be necessary for the activity proposed.

Reserved Activities (Article 5)
The following activities are prescribed for Fiji Citizens only: 

For the purpose of Section 5 of the Act, the following Activities are prescribed –

(a) A Milk Bar or Cafeteria Business;
(b) A Taxi Business;
(c) A Bus Business;
(d) A Kava Business;
(e) Retail Sale Via Stalls and Markets;
(f) A Handicraft Business;
(g) Tailor Shops;
(h) Repair of Personal and Household Goods;
(i) A Plumbing Business;
(j) An Electrical Business;
(k) Plant Nursery and Care;
(l) A Day-care Centre;
(m) An Internet Café and Amusement and Gaming Centres;
(n) Home-stay Lodging Services;
(o) Forestry (Plant Management and Logging);
(p) Sightseeing Tours, Travel Agent and Tourist Guide Services, other than those operated as part of an integrated package;
(q) An Office Service Business – Building Cleaning and Industrial Cleaning Activities;
(r) A Bakery Business, other than those operated within the vicinity of a hotel/resort and/or operated by foreign owned hotels/resorts;
(s) Backpacker Operations;
(t) A Nightclub, other than those operated within the vicinity of a hotel/resort and/or operated by foreign owned hotels/resorts; and
(u) A Liquor Bar, other than those operated within the vicinity of a hotel/resort and/or operated by foreign owned hotels/resorts.

Restricted Activities (Article 6)

The following list of activities has conditions, which must be met by foreign investors who wish to pursue them.

1) Fishing (FSIC Subclass 05001)
  - A foreign investor must have at least 30 % equity held by Fiji Citizen(s).

2) Agriculture (FSIC Division 01 which includes 6 Classes and 31 Subclasses)
  - A foreign investor must have at least $250,000 in cash from the operational date.

3) Manufacturing:
        (1) Manufacturing of Furniture Made of Wood (FSIC Subclass 36102)
 - A foreign investor engaging in the manufacture of furniture made of wood must have  at least $300,000 in cash from the operational date.

        (2) Boat Building (FSIC Subclass 35111)
 - A foreign investor engaging in boat building must have at least $500,000 in cash  from the operational date.

        (3) Manufacture of Tobacco Products (FSIC Subclass 16001)
    - A foreign investor engaging in the manufacture of tobacco products must use at         least 50% locally grown and processed tobacco in all domestic cigarette
                 production and must have at least $750,000 in cash from the operational date.

4) Tourism
         (1) A Restaurant Business (FSIC Subclass 55201)
   - A foreign investor engaging in a restaurant business other than those operated by      
                foreign owned hotels must have at least $250,000 in cash from the operational
                date.

       (2) A Rental and Hire Car Business or a Chartered Land Transport Tour Operator Business       
             (FSIC Subclass 60223)
 - A foreign investor engaging in rental and hire cars or a chartered land transport tour
              operator business must have at least $500,000 in cash from the operational date.
  
      (3) Cultural Heritage (FSIC Subclass 92141 and FSIC Subclass 92321)
 - Any activity involving investment in the cultural heritage of the Fiji Islands must  have at least $500,000 in cash from the operational date.

5) Services
(1) Hairdressing and Other Beauty Treatment (FSIC Subclass 93021)
 A foreign investor engaging in hairdressing and other beauty treatment must  have at least $500,000 in cash from the operational date.

(2) Maintenance and Repair of Motor Vehicles (FSIC Subclass 50201)
 A foreign investor engaging in the maintenance and repair of motor vehicles  must have at least $500,000 in cash from the operational date.

(3) Freight Forwarding and Customs House Agent (previously only known as ‘Customs House Agent’) (FSIC Subclass 63099)
 A foreign investor engaging in the activity of Freight Forwarding and a  Customs House Agent must have at least $500,000 in cash from the  operational date.

(4) Real Estate Management (FSIC Subclass 70101)
 A foreign investor engaging in real estate management must have at least  $5m in  cash from the operational date.

(5) Real Estate Development (FSIC Subclass 70101)
 A foreign investor engaging in real estate development must have at least  $5m in cash from the operational date.

(6) Construction (FSIC Subclass 45201)
 A foreign investor engaging in the construction industry must have at least  $5m in cash from the operational date.

(7) Earthmoving Business (FSIC Subclass 45101)
 A foreign investor engaging in an earthmoving business must have at least  $2.5m in cash from the operational date.

(8) Pest Control and Fumigation Service (FSIC Subclass 01401)
 A foreign investor carrying out a pest control and fumigation service must  have at least $500,000 in cash from the operational date.

(9) Inter-island Shipping and Passenger Service – exclusive of tourism support  services (FSIC Subclass 61101)
 A foreign investor engaging in inter-island shipping and passenger service  must have at least $1.5m in cash from the operational date.

(10) An Advertising and Marketing Business (FSIC Subclass 74301)
 A foreign investor carrying out an advertising and marketing business must  have at least $500,000 in cash from the operational date.

(11) A Business and Management Consultancy Business (FSIC Subclass 74141)
 A foreign investor carrying out a business and management consultancy  business must have at least $500,000 in cash from the operational date.

(12)  A Retail Business (FSIC Division 52 which includes 12 Classes and 18     Subclasses)
 A foreign investor carrying out a retailing business must have at least $1m in  cash from the operational date.

(13)  A Distribution Business (FSIC Division 51 which includes 11 Classes and 18       Subclasses)
 A foreign investor carrying out a distribution business must have at least $1m  in cash from the operational date.

(14) Laundry Cleaning (FSIC Subclass 93011)
 A foreign investor providing a laundry cleaning service must have at least  $300,000 in cash from the operational date.

6) All Other Activities
  A foreign investor needs to have at least $250,000 in cash from the operational date  

Application for Foreign Investment Certificate (Article 7)

1. A foreign investor may apply to the Chief Executive for a certificate.
2. If, there is a change in the address or in any other information after submitting an application, the foreign investor must notify the Chief Executive in writing of the change within 20 working days of the date of the change.
3. Written notice of the grant or refusal of an application under this section will be given to the foreign investor within 5 working days of the making of the application.

Certificate (Article 8)

1. If a foreign investor has been granted a certificate permitting the foreign investor to carry on business in an activity; and the activity subsequently becomes a reserved activity, the foreign investor may continue to carry on business in the activity as if it were not a reserved activity.
2. If a foreign investor has been granted a certificate permitting the foreign investor to carry on business in an activity; and the activity subsequently becomes a restricted activity, the foreign investor may continue to carry on business in that activity as if it were not a restricted activity.
3. If a foreign investor has been granted a certificate permitting the foreign investor to carry on business in a restricted activity; and a condition specified in relation to that activity is subsequently altered, the foreign investor may continue to carry on business in that activity in accordance with the condition or conditions specified in the certificate.
4. If a foreign investor has been granted a certificate to carry on business in an activity; and the activity subsequently becomes a prohibited activity, the foreign investor must stop carrying on business in that activity by the date on which the prohibition is effective, and the certificate of the foreign investor in regard to the prohibited activity ceases to be in force on that date except that if the certificate were issued for more than one activity, the certificate remains effective for any activity that is not declared a prohibited activity.

Register of Certificate (Article 9)

1. All certificates granted or cancelled are registered with the FTIB.
2. If a certificate has been granted in respect of a restricted activity, particulars will be entered in the Register of the condition specified in the certificate relating to the carrying on of business in that activity.
3. The Register or an extract from the Register is prima facie evidence of the matters contained in it.
4. Any person may, on payment of the prescribed fee, obtain a copy of a Foreign Investment Registration Certificate; or an extract from the Register.

Register Open for Inspection (Article 10)
The register will be open for inspection during normal business hours.

Change of ownership of foreign investor (Article 11)

1. If a change occurs in the ownership or shareholding of a foreign investor that has been granted a certificate (other than a foreign investor that is a public company and is listed on a stock exchange), or in any person associated with the foreign investor, the investor must, within 15 working days of the date of the change, notify the Chief Executive of the change.    Penalty: $5,000
2. If, as a result of a change in the shareholding or beneficial ownership of a national enterprise that carries on business in a relevant activity in the Fiji Islands, the national enterprise becomes a foreign investor, it must apply for certificate within 25 working days.
3. A certificate granted to a foreign investor is not transferable to any other person or body.

Variation (Article 12)

1. A foreign investor granted a certificate may apply to the Chief Executive, in the prescribed form, for a variation of the business carried on by it; or any other term or condition of the certificate.

Cancellation of Certificate (Article 13)
(a) A certificate may be cancelled if the Chief Executive is satisfied that a foreign investor:

(i) has obtained a certificate by fraud or misrepresentation, misstatement or omission of a material particular;
(ii) is in serious or persistent breach of the terms or conditions of a certificate or of this Act;
(iii) has ceased to carry on business in the activity or all of the activities in respect of which a certificate was granted; or
(iv) has not started to carry on business in any activity in respect of which a certificate was granted within 12 months after the grant of the certificate, without genuine reason; or

(b) circumstances arise which would require the Chief Executive not to grant a certificate.

Investment Guarantee (Article 14)

1. A foreign investor has the same protection under section 40 of the Constitution     against compulsory acquisition of property as any other person.
2. A foreign investor has the same right as a national enterprise to recourse to the jurisdictions of courts or other tribunals of the Fiji Islands in respect of settlement of disputes.

Appeal to Minister (Article 15)

1. A foreign investor may appeal to the Minister within 25 working days of the making of a reviewable decision.

Prohibition on Foreign Investors (Article 16)

1. A foreign investor must not carry on business without a Foreign Investment Registration Certificate; directly or indirectly carry on business in a prohibited activity; directly or indirectly carry on business in a reserved activity; directly or indirectly carry on business in a restricted activity unless the investor meets all conditions; or fail to comply with the conditions of a Foreign Investment Registration Certificate. Penalty: $50,000
2. A person must not hold out that an enterprise is a foreign investor unless that enterprise holds a current valid certificate under this Act.     Penalty: $20,000

Monitoring of Foreign Investors (Article 17)

1. Penalty for not allowing the Chief Executive to monitor business activities to ascertain compliance with the act; or for making any false statements is $20,000.
2. Penalty for not providing information concerning the business activities, as may be requested by the Chief Executive is $5,000.

Delegations (Article 18)

1. The Chief Executive for Commerce, Business Development and Investment may, in writing, delegate to the Deputy Chief Executive all or any of the Chief Executive’s powers under this Act.
2. The Chief Executive may, in writing, delegate to the Deputy Chief Executive of the Fiji Trade and Investment Bureau all or any of the Chief Executive’s powers under this Act.

Further information on the Foreign Investment Act can be obtained direct from :
Fiji Islands Trade and Investment Bureau
6th Floor, Civic Tower, Victoria Parade,
P O Box 2303, Government Building, Suva, Fiji
Tel: (679) 315 988, Fax: (679) 301783
e-mail: ftibinfo@ftib.org.fj