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Law Governing Investments in São Tomé and Principe

Chapter II: Investment Guarantees

The following guarantees are provided to private investors:

• Importation of Goods: Investors have the right to import goods from abroad.
• Autonomous Export: Investors can autonomously export products produced by them.
• Protection of Industrial Property and Intellectual Creation: The law protects industrial property and intellectual creation of investors.
• Possession, Use, and Titled Enjoyment of Land: Investors have the right to possess, use, and enjoy land and other domain resources.
• Non-interference in Management of Private Enterprises: The government will not interfere in the management of private enterprises, except in cases provided for by law.

Article 17: International Agreements

The provisions of this Code do not restrict any guarantees and advantages contemplated in international agreements or treaties to which São Tomé and Principe is a signatory.

Chapter IV: Capital Transfers and Access to Other Facilities

Article 18: Transfer of Profits, Dividends, and Income

The following conditions apply to the transfer of profits, dividends, and other income from investments:

• Guarantee: The right to transfer abroad is guaranteed after implementation of the investment project.
• Conditions for Transfer: Conditions for transfer include payment of taxes due on the capital invested.
• Proceeds of Liquidation: Proceeds of liquidation, including capital gains, can be transferred abroad after paying taxes.

Chapter V: Duties of the Investor

The following are the duties of investors:

• Compliance with Law and Regulations: Investors must comply with this law and other applicable laws and regulations in force.
• Specific Duties:
  • Respect deadlines for importation of capital and implementation of investment projects.
  • Promote training and training of São Tomé workforce.
  • Respect principles of equality and non-discrimination.
  • Comply with payment of taxes and other contributions.
  • Apply accounting rules established by law.
  • Comply with environmental protection, hygiene, and safety regulations.

Chapter VI: Incentives

The following incentives are provided to investment projects:

• Tax Incentives: Investment projects benefit from tax incentives provided for in the Tax Benefits Code.
• Irrevocability of Incentives: Incentives are irrevocable for the duration of the incentives, except in cases where offenses have been committed.

Title III: Investment Admissibility Process

Chapter I: Application Process

All private investment projects are subject to an Administrative Investment Agreement. The investor must fill in a technical form to prepare the agreement.