2018 Investment Climate Statements: Burundi

Policies Toward Foreign Direct Investment

The government of Burundi is generally favorable to FDI and seeks investment as a means to restore economic growth. Uneven implementation of laws and regulations, however, limits the predictability of the environment for Burundian and foreign investors alike. The GoBhas not implemented laws, regulations, or economic or industrial strategies that limit market access or discriminate against foreign investors. There is a minimum foreign initial investment of USD 50,000, which does not apply to domestic investors. A 2018 overview of the legal framework for foreign investment can be found at http://www.eatradehub.org/burundi_investment_policy_assessment_2018_presentation .

The government established the Investment Promotion Authority (API) in October 2009 based on the Burundi Investment Code enacted in 2008. API provides investors with information on investment and export promotion, assists them with legal formalities including obtaining the required documents, and intervenes when laws and regulations are not properly applied.

The government seeks to promote investment and conducts dialogues with Burundian and foreign investors; for example, the government organized a two-day conference on investment in Burundi in July 2017. The API is the initial and primary point of entry for investors, but government ministries meet regularly with private investors to discuss regulatory and legal issues.

Limits on Foreign Control and Right to Private Ownership and Establishment

Foreign and domestic companies have the same rights to establish and own businesses in the country and engage in all forms of activities. There are no general limits on foreign ownership or control, and Burundi does not maintain an investment screening mechanism for inbound foreign investment. However, there are restrictions on foreign investments in weaponry, ammunition, and any sort of military or para-military enterprises. There is no other restriction, nor are there any sectors where foreign investors are denied the same treatment as domestic firms. Article 63 of the 2013 mining code stipulates that the GoB must own at least 10 percent of shares in any foreign company with an industrial mining license. Embassy Bujumbura is aware of no examples of U.S. investors being disadvantaged or singled out relative to other foreign investors.

Other Investment Policy Reviews

No investment policy review from a multilateral organization has taken place in the last three years. The most recent review was performed in 2010 by UNCTAD.

Business Facilitation

In addition to fiscal advantages provided in the investment code, Burundi has implemented reforms including reinforcing its single window for starting a business, simplifying tax procedures for small and medium enterprises, launching an electronic single window for business transactions, and harmonizing commercial laws with those of the East African Community.

No website for business registration exists. Investors must be physically present in country and register with the Investment Promotion Agency (API). Registration takes approximately four hours and costs 130,000 Burundian francs (approximately USD 73).

There is not specific mechanism for ensuring equitable treatment of women and underrepresented minorities.

Outward Investment

The host government does not have mechanisms for promoting or incentivizing outward investment, but does not restrict domestic investors from investing abroad.

Burundi has Bilateral Investment Treaties signed and in force with the Belgium-Luxembourg Economic Union, Germany, Kenya, Mauritius, Netherlands and the United Kingdom. It also has BITs signed but not in force with Turkey, Comoros and Egypt. The United States suspended Burundi’s eligibility for the African Growth and Opportunity Act (AGOA) in 2015. Burundi does not have a bilateral taxation treaty with the United States. It does have taxation agreements with the member states of the EAC and COMESA regional economic organizations.

Transparency of the Regulatory System

Although parts of the government are working to create more transparent policies for fostering competition, Burundi lacks clear rules of the game. Many policies for foreign investment are not transparent and laws or regulations on the books are often ineffective or unenforced. Burundi’s regulatory and accounting systems are generally transparent and consistent with international norms on paper, but a lack of capacity, training, and political will sometimes limit the regularity and transparency of their implementation.

Rule-making and regulatory authority is exercised exclusively at the national level. Relevant ministries and the Council of Ministers exercise regulatory and rule-making authority, based on laws passed by the Senate and National Assembly. In practice, government officials sometimes exercise influence over the application and interpretation of rules and regulations outside of formal structures. The government sometimes discusses proposed legislation and rule-making with private sector interlocutors and civil society, but does not have a formal public comment process. There are no informal regulatory processes managed by NGOs or private sector associations.

Accounting, legal and regulatory procedures are generally transparent or consistent with international norms on paper but are unevenly implemented in practice. The government generally issues terms of reference and recruits private consultants who prepare a study on the draft legislation for review and comment by the private sector. The government analyzes these comments and takes them into consideration while drafting new regulations. New regulations can be issued by a presidential decree or submitted to the parliament when they have become a law. This mechanism applies to laws and regulations on investment.

Burundi does not have a centralized online location where key regulatory actions are published. Burundi has sectoral regulatory agencies covering taxes and revenues, mining and energy, water, and agriculture. Regulatory actions are reviewable by courts. There have been no recent reforms to the regulatory enforcement system.

International Regulatory Considerations

The member states of the East African Community including Burundi have not yet harmonized their regulatory systems.

Burundian law and regulations reference a number of standards including the East African Standards, Codex Alimentarius Standards, the International Organization for Standardization (ISO), and its own standards. However, ISO remains the main reference.

The country joined the WTO member on July 23, 1995. According to the Ministry of Commerce, Industry, and Tourism, Burundi has not notified the WTO Committee on TBT of all draft technical regulations.

Legal System and Judicial Independence

The country’s legal system is civil (Roman), based on German and French civil codes. For local civil matters, customary law also applies. Burundi’s legal system contains standard provisions guaranteeing the right to private property and the enforcement of contracts. The country has a written commercial law and a commercial court. The investment code offers plaintiffs recourse in the national court system and to international arbitration.

The judicial system is not effectively independent of the executive branch. A lack of capacity hinders judicial effectiveness, and judicial procedures are not rigorously observed.

Laws and Regulations on Foreign Direct Investment

There were no major laws, regulations, or judicial decisions pertaining to foreign investment in the past year. In August 2009, a series of amendments designed to clarify the somewhat vague provisions of the investment code came into effect. These amendments include substantial tax exemptions for real estate purchases related to new investments, tax reductions for goods used to establish new businesses and profit-tax breaks for investors employing more than 50 Burundian workers. The paperwork for creating a business has been made easier and most proposals receive a response within three to four days after the application is submitted. Along with the new code, the government created the API. Currently, its main objectives are not only to inform and assist potential investors, but also to ensure that new laws and regulations that benefit investors are being upheld, and promote reforms aimed at improving the business climate. In 2012, API set up a one-stop investment center to help facilitate and simplify business registration in Burundi. In 2014, API created a follow-up mechanism to make sure that investors are implementing projects for which they received tax exemptions and other advantages provided in the investment code.

Competition and Anti-Trust Laws

There is no Burundian agency in charge of reviewing transactions for competition-related concerns.

Expropriation and Compensation

Burundian law allows the GoB to expropriate property for exceptional and state-approved reasons but stipulates that fair market value payment is required. There are no recent cases involving expropriation of foreign investments, nor do any foreign firms have active pending complaints regarding compensation in Burundian courts.

Dispute Settlement

ICSID Convention and New York Convention

Burundi is a full member of ICSID Convention since 1969 and became the 150th country to sign the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention).

Burundi has a commercial law allowing enforcement of foreign courts judgments by local courts.

Investor-State Dispute Settlement

Burundi is a signatory of ICSID and MIGA. Burundi has no bilateral investment treaty with the US.

After receiving a 30-year concession to manage the Port of Bujumbura in 2012, the United Kingdom-based company Global Port Services accused the Government of Burundi of breach of contract, citing numerous issues including misrepresentation of cash flows, alleged solicitation of bribes, illegal collusion with ostensibly private Burundian shareholders, and theft. In September of 2014, the claimant sued the Government of Burundi and the private Burundian shareholders for USD 56 million. As of April 2018, the commercial court’s decision is still pending.

In cases involving international elements, the GoB accepts international arbitration, and recognizes and enforces foreign arbitral awards. There is no history of extrajudicial action against foreign investors.

International Commercial Arbitration and Foreign Courts

In rare cases involving international elements the GoB accepts international arbitration, and recognizes and enforces foreign arbitral awards. In investment disputes between private parties, international arbitration is accepted as a means of settlement provided one of the parties is an extra-national. In 2007, the GOB created a Center for Arbitration and Mediation (CEBAC) to handle such disputes, but it is not very active. There is no operational commercial arbitration body in the country besides CEBAC.

Foreign arbitral awards are recognized but local courts are not legally equipped to enforce them. No Burundian private entity has been involved in a foreign arbitration. In the past, one registered case involved the Government and a private gold refining company (Affimet). The ICSID ruling was enforced by GoB, which lost the case.

Although there are complaints about the discriminatory and opaque nature of court processes in general, there are no known cases involving SOEs in investment disputes.

Bankruptcy Regulations

Burundi has two laws governing or pertaining to bankruptcy: Law No1/07 of 15 March 2006 on bankruptcy and Law No1/08 of March 15, 2006 on legal settlement of insolvent companies. Under Burundian law, creditors have the right to file for liquidation and the right to request information from the legal bankruptcy agent. The bankruptcy framework does not require that creditors approve the selection of the bankruptcy agent and does not provide creditors the right to object to decisions accepting or rejecting creditors’ claims.

Burundi’s credit bureau is the Banque de la Republique du Burundi (BRB), the country’s central bank. Burundi ranks 144 on resolving insolvency in the World Bank Doing business report.

Investment Incentives

The current Investment Code grants various potential fiscal and customs benefits to investors including: three or more years of tax-free operation; exemption of charges on property transfer; exemptions from duties on raw materials, capital goods, and specialized vehicles; tax exemptions for goods used to establish new businesses; exemptions from customs duties if investment goods are made within the EAC or COMESA; a corporate tax rate of 30 percent with a reduction to 28 percent if 50-200 Burundians are employed and to 25 percent if more than 200 are employed; and free transfer of foreign assets and income after payment of taxes due.

Foreign Trade Zones/Free Ports/Trade Facilitation

The country has passed a free trade zone law, however the enabling regulation has not been developed and Burundi does not yet have trade zones, free ports, or special tax treatment areas. While the government has discussed the possibility of free trade zones in the future, no sufficient legal framework for them currently exists.

Performance and Data Localization Requirements

The current government policy for both domestic and foreign companies is mandatory employment of local workers unless it is not possible to find a local candidate with the required skills or expertise. The number of expatriate employees is limited to 20 percent of the total workforce. There is no policy mandating foreign companies to appoint local personnel to senior management or boards of directors.

Burundian visa requirements are not excessively onerous and do not generally inhibit the mobility of foreign investors and their employees. Since 2015, Burundi has removed the ability for visitors to request a visa upon arrival at the airport. Travelers to Burundi must apply for visas in one of the 32 Burundian missions abroad. A foreigner holding a residency visa is permitted to work in Burundi. A two year residency visa costs USD 500 and USD 1,200 for a permanent residency visa. There are no government/authority-imposed conditions on permission to invest except for a minimum investment requirement of USD 50,000 applicable to foreign investors.

There are no requirements that investors purchase from local sources. However, the mining law requires a commitment from the investor to recruit staff or subcontractors of Burundian nationality as a precondition for granting a mining license.

There are no laws requiring foreign IT providers to turn over source code and/or provide access to encryption except for a law requiring that companies share user information with law enforcement authorities during terrorism investigations; this law applies equally to Burundian and foreign companies. There are no laws that prevent companies from transmitting data outside the country.

The GoB imposes no performance requirements on investors as a condition for establishing, maintaining, or expanding their investments, or for access to tax and investment incentives.

Real Property

Secured interests in both real and movable property are nominally recognized under Burundian law. The legal system in general and the investment code in particular claim to protect and facilitate the acquisition and disposition of all property rights. The Land Titles Service registers real estate and security instruments, such as mortgages. Property titles are accepted a guarantee by commercial banks for mortgages, but documents for properties located outside the capital city of Bujumbura are less easily accepted.

The legal system and the investment code do not differentiate local and foreign investors regarding land acquisition or lease. However, land acquisition is subject to reciprocity between Burundi and the investor’s home country. Properties in urban areas have to be registered. However, according to estimates, more than 90 percent of houses and land in rural areas are not registered. When the property has been legally purchased, it cannot legally be reverted unless it undergoes an expropriation procedure in compliance with legal and regulatory procedures.

Banks accept property titles as guarantees for loans and mortgages. Burundi is not working with international bodies to develop secured lending capabilities for investors.

Intellectual Property Rights

No IP related law has been enacted during the past year and no bill is pending. Burundi has adopted the 1995 agreement on Trade-Related Aspects of International Property Rights (TRIPS), which introduced global minimum standards for the protection and enforcement of virtually all intellectual property rights (IPR). The legal system in general and the investment code in particular aim to protect and facilitate the acquisition and disposition of all property rights, including intellectual property rights. The law also guarantees protection for patents, copyrights and trademarks. However, there is no record of enforcement action on intellectual property infringement.

The Burundi Bureau of Standardization (BBN) is the state authority responsible the monitoring of the quality of consumer products on the market. However, this Bureau lacks the necessary expertise and resources to be effective. Counterfeiters who are apprehended are fined and their products are seized. There are no statistics available on seizures of counterfeit goods.

Burundi is not listed in USTR’s Special 301 report or in the notorious market report.

Capital Markets and Portfolio Investment

Although there are no regulatory restrictions on foreign portfolio investment, Burundi does not have capital markets that would enable it. Capital allocation within Burundi is entirely dependent on commercial banks. The country does not have its own stock market. There is no regulatory system to encourage and facilitate portfolio investment. There is not sufficient liquidity in the markets to enter and exit sizeable positions.

Existing policies do not actively facilitate nor impede the free flow of financial resources into product and factor markets, but there is no regulation restricting international transactions. In practice however, the Government restricts payments and transfers for current international transactions due to a shortage of access to foreign currency.

In theory, foreign investors have access to all existing credit instruments and on market terms. In practice, available credit is extremely limited.

Money and Banking System

The country has a very small banking services penetration according to the IMF. The Banque de la Republique du Burundi (BRB) is the country’s central bank. The banking penetration as of 2016 was 32.2 percent. The total assets of the three largest commercial banks in 2016 were USD 503.3 million. Of this amount, Credit Bank of Bujumbura (BCB) held assets totaling USD 185.6 million, Burundi Commercial Bank (BANCOBU), USD 175.8 million and Interbank Burundi (IBB) held USD 141.9 million. The several local commercial banks have branches in urban centers. The only alternative financial services are basic micro-credit institutions and mobile money services, and rural areas are mostly served by micro-finance institutions.

Foreign banks are allowed to establish operations in the country, and there are many branches of regional banks operating in the country. The central bank directs banking regulatory policy including prudential measures for the banking system. The country has kept all its foreign corresponding banks during the last three years. Foreigners and locals are subject to the same conditions when opening a bank account. The only requirement is the presentation of identification.

The banking sector has struggled with non-performing loans as a significant number of economic actors froze their activities or fled the country in 2015 and 2016. It also suffers from a shortage of foreign currency following the Central Bank’s establishment of de facto capital controls in 2016.

According to the EuroMoney Institutional Investor Company (CEIC), the average rate of non-performing loans (NPLs) was estimated at 17.3 percent in 2017.

Foreign Exchange and Remittances

Foreign Exchange Policies

According to the law, there are no restrictions on transferring funds associated with investment after paying taxes. In practice, foreign investors have encountered difficulties in converting funds associated with investments into foreign currency due to de-facto capital controls implemented by the BRB in 2016.

According to the government, funds associated with an investment can be converted into a freely usable currency at a legal market rate, pending their availability. Due to a shortage of foreign currency, the central bank prioritizes companies in specific strategic industries for access to foreign exchange accommodation. In practice, the Burundian franc is not freely convertible at the official government rate.

According to the government, the national currency (BIF) fluctuates and the central bank sends the daily rate to commercial banks each morning. In practice, the government has imposed de-facto capital controls to prevent abrupt exchange rate movements; a gap exists between the official rate and a floating parallel market rate.

Remittance Policies

The government has not passed any new laws regarding a change to investment remittances policies. The average delay for remitting investment returns (once all taxes have been paid) is three months due to general inefficiency in the banking sector and the rarity of such transactions in an environment with very little foreign direct investment.

Sovereign Wealth Funds

Burundi does not have a sovereign wealth fund (SWF).

There is no published list of SOEs. There are five SOEs in Burundi with 100 percent government ownership: Regideso (Public utility Company), Onatel (telecom), Sosumo (sugar), OTB (tea) and Cogerco (cotton). The Government has a majority share in several banking sector companies, including two commercial banks and two financial institutions. No statistics on assets are available for these companies as their reports are not available to the public. Board members for SOEs are appointed by the Government and report to government ministries. The government has a minority share (40/60) in Brarudi, a branch of the Heineken Group.

SOEs have no market-based advantages and compete with other investors under the same terms and conditions. However, Burundi does not adhere to the OECD guidelines on corporate governance for SOEs.

Privatization Program

Burundi’s program for privatizing some SOEs in the agribusiness industry (coffee, tea, sugar) and telecommunications sector has been suspended since 2015 with no clear indication of when it may resume. The privatization program was open to all potential buyers including foreigners, and there is no explicit discrimination against foreign investors at any stage of the investment process.

Public bidding is mandatory. The process is transparent and non-discriminatory. When the government intends to sell a business or part of the shares, the offer is published in local newspapers. No website link is available.

According to the investment code, any new enterprise is required to take into account environmental issues and employee rights in its investment and business plan. The government has taken no comprehensive measures to implement policies or international standards regarding responsible business practices. The government routinely engages investors on including public and community benefits in investment projects, but has no clearly defined standards.

There have not been any high-profile or controversial instances of private sector impact on human rights in the recent past. No reliable information is available on the maintenance and enforcement of domestic laws with respect to labor and employment rights, consumer protections, and environmental protections.

There are no corporate governance, accounting, or executive compensation standards in place to protect the interests of shareholders. There are no organizations focused specifically on RBC in the country.

As a member of the International Conference on the Great Lakes Region (ICGLR), the Government has adhered to an OECD due diligence mechanism and the regional system of certification and traceability for certain domestically mined minerals (tin, tantalum and tungsten), as well as for conflict minerals that might be smuggled in from the neighboring DRC. In May 2014, Burundi became the third country in the African Great Lakes Region to implement an internationally accepted due diligence and mineral traceability system.

The government does not participate in the EITI. There are no domestic transparency measures/policies that require the disclosure of payments made to the government.

Burundi is a signatory to the UN Anti-Corruption Convention and the OECD Convention on Combating Bribery. Burundi has also been a member of the East African Anti-Corruption Authority since joining the East African Community in 2007. The country has an anti-corruption law and an enforcement organization, the Anti-Corruption Brigade, responsible for enforcing this legislation. Cabinet members, parliamentarians, and officials appointed by presidential decree have immunity from prosecution on corruption charges, insulating them from accountability. Laws designed to combat corruption do not extend to family members of officials or to political parties.

Article 60 of the April 2016 law Bearing Measures for the Prevention and Punishment of Corruption and Related Offenses regulates conflicts of interest including in awarding government procurement.

Burundian law criminalizes bribery of public officials but the Embassy is unaware of any requirement for private companies to establish internal codes of conduct.

The country does not provide protections to NGOs involved in investigating corruption.

A number of U.S. firms have specifically noted corruption as an obstacle to direct investment in Burundi. Corruption is most pervasive in the award of licenses and concessions, which takes place in a non-transparent environment with frequent allegations of bribery and cronyism. Customs officials are also reportedly corrupt, regularly extorting bribes from exporters and importers.

Resources to Report Corruption

Contact at government agency or agencies are responsible for combating corruption:

General Isidore Ndihokubwayo
Commissaire General
Anti-Corruption Brigade
PO Box 890 Bujumbura
(257) 22 25 6237
brigadeanticorruption@yahoo.fr

Contact at watchdog organization:

Gabriel Rufyiri
President
OLUCOME
Chaussee Prince Louis Rwagasore, n°47, 1er Etage
(+257)22 25 2020 / 22 25 89 00
rufyirig@gmail.com / olucome2003@gmail.com

Burundi has experienced cycles of ethnic and political violence since before its independence in 1962. Periods preceding and following national elections have seen politically motivated violence and civil disturbance. During the reporting period, overt politically motivated violence has decreased significantly in comparison to the 2015 electoral period.

In 2014 and 2015, communal administrators ordered local police to destroy stevia crops and nurseries owned by the private company STEVCO. STEVCO, which had foreign investors, accused the Ministry of Agriculture of complicity in the destruction of stevia plants.

The political turmoil and insecurity associated with the 2015 elections and failed coup have decreased, but tensions and uncertainties remain.

Unskilled local labor is widely available. Workers from neighboring countries (DRC, Kenya, and Uganda) often supplement a local economy generally lacking skilled labor. Formal sector employment is limited and official figures for unemployment are unreliable. Observers believe that there is widespread youth unemployment on the order of 65 percent. No statistics are available on the shortage of specialized labor skills.

According to government policy, the hiring of nationals should be prioritized except in cases in which no local expertise is available.

The labor code allows for employers to respond to fluctuating market conditions with layoffs of workers. Labor laws do not differentiate between layoffs and firing for severance. The government has a social insurance program that provides limited coverage to workers laid off for economic reasons. There are no known examples of labor laws being waived in order to attract or retain investment. There are no special economic zones in the country.

Burundi is a member of the International Labor Organization and its domestic labor law is in compliance with international labor standards. Workers’ unions are legally authorized and there are laws and regulations that prohibit child and forced labor and any kind of discrimination. In practice, child labor occurs and some union activity is restricted. Burundi has ratified all of the International Labor Organization (ILO) fundamental conventions protecting workers’ rights. However, protection of core labor rights continues to be inadequate. Although the Labor Code prohibits acts of anti-union discrimination, it does not prescribe adequate penalties sufficient to deter such acts. In the private sector, labor-management relations are usually conducted according to international standards that allow for collective bargaining.

Burundi’s Labor Inspectorate has the authority to settle disputes between workers and employers, which can also be managed through civil judicial procedures. No strikes that posed an investment risk occurred during the past year.

No new labor laws were enacted or drafted during the reporting period. However, the Labor Inspectorate is currently working on revising the Labor Code.

OPIC has not recently provided investment insurance in Burundi but is reviewing possible support to one project.

Burundi is a member of the Multilateral Investment Guarantee Agency and in 2006 signed an agreement with the Overseas Private Investment Corporation (OPIC).

Table 3: Sources and Destination of FDI

No detailed information is available on the IMF’s Coordinated Portfolio Investment Survey (CPIS) website and no information is available on outward direct investment from Burundi.

Table 4: Sources of Portfolio Investment

No detailed information is available on the IMF’s Coordinated Portfolio Investment Survey (CPIS) website and no information is available on outward direct investment from Burundi.

William Echols
Political/Economic Chief
Embassy of the United States of America in Bujumbura
+257 22 20 73 04
BujumburaEcon@state.gov