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Investment Between Nepal and Korea

FDI rules, incentive sectors, repatriation, joint ventures and where Korean capital is going in Nepal.

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Photograph: Road Ahead

Capital between these two countries moves mostly one way and in modest quantity. Korean investment in Nepal exists but is small relative to the labour relationship, concentrated in a handful of sectors, and Nepali investment in Korea is negligible because Nepal's own rules on taking capital out are restrictive.

Three things govern an inbound investment into Nepal, and getting any of them wrong is expensive: the minimum threshold, the restricted sector list, and the repatriation route.

The approval route

Nepal requires foreign investment to be approved before it is made, and which body approves it depends on the size and nature of the project. Smaller investments go through the industry department; larger projects and those in specified sectors go through the national investment board.

What the process involves, in shape:

  1. Approval of the investment, with a project proposal and evidence of the source of funds.
  2. Company registration, as a Nepali company with foreign shareholding.
  3. Industry registration and any sector licence.
  4. Bringing the capital in through the banking system, which is what makes it recognised.
  5. Tax registration and the ordinary operating permissions.

Step four is the one that ruins arrangements. Capital that arrives outside the banking channel, or is not properly recorded against the approval, is not recognised as foreign investment - and the consequence appears years later when you try to take profits or proceeds out and cannot evidence what came in.

The threshold, and the restricted list

Two filters that decide whether your plan is possible at all.

There is a minimum foreign investment amount per investor, which has been revised and which excludes genuinely small ventures. Confirm the current figure before planning, because a plan sized below it simply cannot be approved.

A list of sectors is closed to foreign investment, and it is more extensive than newcomers expect. It has historically included small-scale agriculture and livestock, personal service businesses, retail with limited exceptions, real estate dealing, and parts of the travel and trekking services sector - which is precisely the sector a Korean investor with a Nepal connection is most likely to think of first.

Check the current list against your specific activity before anything else. It is revised, and the boundaries within a sector matter: construction may be open where property dealing is not, and a travel business may be open above a size threshold and closed below it.

Where Korean capital has actually gone

In broad terms rather than specifics, since individual projects come and go:

Sector Why
Hydropower Nepal's clearest investment proposition, and Korean engineering capability fits it
Manufacturing Smaller scale, often serving the domestic market
Infrastructure and construction Frequently tied to development financing rather than pure commercial investment
Hospitality and services Modest, and often founded by individuals with a personal Nepal connection
Trading and distribution Companies importing Korean goods, which is the commonest form

Alongside commercial investment sits Korean development financing and cooperation, which has operated in Nepal for decades and functions differently - concessional lending and grant programmes rather than return-seeking capital. For a Nepali business the practical relevance is that these programmes generate procurement and employment.

Repatriation, which is the whole question

Nobody invests money they cannot get back, so understand this before the rest.

Repatriation of profits, dividends and sale proceeds is permitted, through the central bank, against evidence of the approved investment and the capital actually brought in. The mechanism works, and the condition is the paperwork.

Which means the discipline is set at the start, not at the exit:

  • Keep the approval documents, the bank advices showing the inward remittance, and the share registration, permanently.
  • Have audited accounts that trace the profit you want to remit.
  • Pay the tax, since clearance is part of the route out.
  • Do not let the shareholding arrangement drift from what was approved.

An investor who did this is doing an administrative task. An investor who did not is in a years-long problem.

What makes Nepal attractive, and what does not

Worth being even-handed, because an investor reading only promotional material is being misled.

In Nepal's favour: hydropower potential that is genuinely large and under-built; a young workforce with wages well below Korean levels; tourism assets that need capital; proximity to two enormous markets; and an investment regime that has been deliberately liberalised in recent years, with repatriation that does work.

Against it: a landlocked position that raises the cost of anything physical; power and transport infrastructure that is improving from a low base; policy and regulatory change that is frequent enough to need monitoring; bureaucratic process that is slow and benefits from a patient local partner; and a small domestic market, which means most propositions have to be either export-facing or resource-based.

The implication is that the investments that work in Nepal tend to be ones where the resource or the location is the reason - power generation, tourism, agriculture and processing - rather than ones where Nepal is simply a cheaper place to do something.

Joint ventures, and the partner question

Most workable Nepal investments involve a local partner, for market knowledge, licences and the practical business of operating. That makes partner selection the dominant risk, above sector and above market.

Vet the partner properly, document the relationship in a shareholders' agreement with exit provisions, and never accept an arrangement where your interest is held in someone else's name because it was easier. The nominee arrangement is the single most common way foreign investors in Nepal lose everything, and it is unenforceable precisely because it was designed to sidestep the rules. Doing business between Nepal and Korea covers vetting and structuring.

Take Nepali legal advice before committing, not after. Legal information and the legal services directory cover finding it.

Where this goes wrong

  • Capital brought in outside the banking channel. It stops being recognised investment.
  • A plan below the minimum threshold.
  • A sector on the restricted list, discovered after money is spent.
  • Nominee shareholding. Unenforceable, and the classic total loss.
  • No audited trail when you want to remit profit.
  • Choosing a partner on trust alone.

Where to go next

Doing business between Nepal and Korea covers operating and partnering, and business in Nepal covers the wider rules for a foreign-owned company there.

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