The following Competition practice note produced in partnership with Lee and Li provides comprehensive and up to date legal information covering:
A conversation with Yvonne Hsieh, Senior Counselor, at Taiwanese law firm Lee and Li, on key issues on foreign direct investment (FDI) control in Taiwan.
Foreign investments in Taiwan can be divided into foreign investments (non-PRC) and PRC investments. The Statute for Investment by Foreign Nationals ("SIFN"), last amended on November 19, 1997, applies to foreign investments in Taiwan including the restrictions on and the protection and administration of such investments. PRC investors are subject to more restrictions than non-PRC foreign investors. The main laws and regulations governing PRC investments are the Act Governing Relations between the Peoples of the Taiwan Area and The Mainland Area and the Measures on Investment Permits for People of the Mainland Area ("MIPPM"). According to Article 3 of the MIPPM, the definition of a PRC investor is a PRC individual, legal person, or-ganization, other institution or their third-area company. A third-area company is deemed as a PRC investor if 30% of its shares are held or controlled by a PRC individual, legal person, organization or any other institution.
Only a foreign investment regime under the SIFN will be discussed here.
The Investment Commission of the Ministry of Economic Affairs ("MOEAIC") is the lead government authority for foreign investments. In reviewing an application, depending on
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