2018 Investment Climate Statements: Namibia

The Namibian government welcomes and encourages foreign investment to help develop the national economy and benefit its population. The FIA guarantees equal treatment for foreign investors and Namibian firms, including the possibility of fair compensation in the event of expropriation, international arbitration of disputes between investors and the government, the right to remit profits, and access to foreign exchange. Investment and tax incentives are also available for the manufacturing sector. The government prioritizes investment retention and maintains ongoing dialogue with investors including through investment conferences.

The Namibian government has not undergone any investment policy review in the past three years through the OECD, WTO or UNCTAD.

In 2014, the Namibian government established the Business and Intellectual Property Authority (BIPA) to improve service delivery and to ensure effective administration of business and intellectual property rights (IPRs) registration. BIPA serves as a one-stop-center for all business and IPR registrations and related matters. It also provides general advisory services and information on business registration and IPRs (http://www.bipa.gov.na/ ).

According to the Business and Intellectual Property Authority Act of 2016, the functions of BIPA include:

• regulate and administer the registration of business and industrial property under the applicable legislation;
• consolidate the offices involved in the registration and administration of business and IP;
• maintain information concerning business and IP;
• facilitate the flow of relevant information between BIPA and the business community, users of business and IP, general public, and other regulatory authorities and government institutions.

The Namibia Investment Center (NIC), housed at the Ministry of Industrialization, Trade, and Small and Medium Enterprise Development (MITSMED), serves as Namibia’s official investment promotion and facilitation office. Often the first point of contact for potential investors, the NIC is designed to offer comprehensive services from the initial inquiry stage through to operational stages. The NIC also provides general information packages and advice on investment opportunities, incentives, and procedures. The NIC is tasked with assisting investors in minimizing bureaucratic red tape, including obtaining work visas for foreign investors by coordinating with government ministries as well as regulatory bodies.

Most investors find it helpful to have a local presence or a local partner in order to do business in Namibia, although this is not a legal requirement. Companies usually establish business relationships before tender opportunities are announced. The World Bank’s Doing Business 2018 report notes that it takes 10 steps and an average of 66 days to start a business in Namibia. Some accounting and law firms provide business registration services.

Incentives are mainly aimed at stimulating manufacturing, attracting foreign investment to Namibia, and promoting exports. To take advantage of the incentives, companies must be registered with MITSMED and the Ministry of Finance. Tax and non-tax incentives are accessible to both existing and new manufacturers. The NIC maintains a list of investment incentives on its website: http://investnamibia.gov.na/incentives-regime/ 

Namibia has an Export Processing Zone (EPZ) regime that offers favorable conditions for companies wishing to manufacture and export products. The EPZ scheme is due to be phased out in 2018/2019 and replaced by Special Economic Zones. At the end of 2017, there were 18 EPZ companies in operation, most of which were closely linked to minerals beneficiation, including Namzinc (which produces Special High Grade zinc at the Skorpion zinc mine), Namibia Custom Smelters (which produces blister copper from imported copper concentrates), and a variety of diamond cutting and polishing operations (which cut and polish locally and internationally sourced rough diamonds).

Namibia has ratified Reciprocal Promotion and Protection of Investment Agreements (RIPPAs) with Angola, Austria, Cuba, Finland, France, Germany, Italy, Malaysia, the Netherlands, Spain, Switzerland, and Vietnam. China and the Russian Federation have signed investment agreements with Namibia, but the agreements have yet to be ratified. There is no bilateral investment agreement between the United States and Namibia. In 2008, SACU (of which Namibia is a member) signed a Trade, Investment, and Development Cooperation Agreement (TIDCA) with the United States.

The Competition Act of 2003 establishes the legal framework to “safeguard and promote competition in the Namibian market.” The Competition Act establishes a legal and regulatory framework that attempts to safeguard competition while boosting the prospects for Namibian businesses and recognizing the role of foreign investment. The act is intended to promote:

• The efficiency, adaptability, and development of the Namibian economy;
• Competitive prices and product choices for customers;
• Employment and advancement of the social and economic welfare of Namibians;
• Expanded opportunities for Namibian participation in world markets;
• Participation of small enterprises in the economy by ensuring a level playing field; and
• Greater enterprise ownership particularly among the historically disadvantaged.

The act established the Namibia Competition Commission (NaCC), which was officially launched in December 2009. The NaCC has the mandate to review any potential mergers and acquisitions that might limit the competitive landscape or adversely impact the Namibian economy. The Minister of MITSMED is the final arbiter on merger decisions and may accept or reject a NaCC decision. Any investor can file an appeal with the ministry, though no formal process has been established.

On December 31, 2015, the Namibian government published the Public Procurement Act of 2015, which is more in line with international standards and aims to ensure greater transparency in public procurements by government entities, including state-owned enterprises (SOEs). The act entered into force in April 2017 and applies only to new tenders issued after that date. The Central Procurement Board can issue exemptions at its discretion to a state-owned enterprise to allow it to manage a tender process individually. Implementation of the new law has been slow and inconsistent.

Draft bills and proposed legislation are normally not available for public comment. Depending on the topic, bills are customarily drafted within the relevant ministry with minimal stakeholder or public consultation and then presented to the parliament for debate. Approved legislation and regulations are published in the Government Gazette, the official journal of the government of Namibia.

The FIA provides for liberal foreign investment conditions and equal treatment of foreign and local investors. With limited exceptions, all sectors of the economy are open to foreign investment. There is no local participation requirement in the FIA, but the Namibian government is increasingly emphasizing the need for investors to partner with Namibian-owned companies and/or to have a majority of local employees in order to operate in the country.

The FIA reiterates the protection of investment and property provided for in the Namibian constitution. It also provides for equal treatment of foreign investors and Namibian firms, including the possibility of fair compensation in the event of expropriation, international arbitration of disputes between investors and the government, the right to remit profits, and access to foreign exchange.

Namibia signed, but has not ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID). The ICSID and New York Convention are therefore not applicable.

The FIA allows for the settlement of disputes by international arbitration for investors that have obtained a Certificate of Status Investment (CSI) that includes a provision for international arbitration. The FIA stipulates that arbitration “shall be in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law in force at the time when the Certificate was issued” unless the CSI stipulated another form of dispute resolution.

As the “one-stop-shop” for investors, the Namibia Investment Centre (NIC) should be the body that first learns of an investment dispute between a foreign investor and a domestic enterprise. The NIC has not yet received a report of an investment dispute. Investment disputes can be handled by the courts.

There is no domestic arbitration body in Namibia. Investors without a CSI that encounter a dispute have to address it in the Namibian courts or in the court system which has jurisdiction according to the investor’s contract. The Namibian court system is independent and is widely perceived to be free from government interference, including when SOEs are involved in investment disputes.

The Companies Act of 1973, amended in 2004, governs company and corporate liquidations while the Insolvency Act 12 of 1936, as amended by the Insolvency Amendment Act of 2005, governs insolvent individuals and their estates. The Insolvency Act details sequestration procedures and the rights of creditors. Through the law, all debtors (whether foreign or domestic) may file for both liquidation and reorganization, and a creditor may file for both liquidation and reorganization. As reorganization (judicial management) is rarely successful; however, the most likely insolvency procedure is liquidation. International credit monitoring agency TransUnion is a licensed credit bureau in Namibia.

Incentives are mainly aimed at stimulating manufacturing, attracting foreign investment to Namibia, and promoting exports. To take advantage of the incentives, companies must be registered with MITSMED and the Ministry of Finance. Tax and non-tax incentives are accessible to both existing and new manufacturers. MITSMED has produced a brochure on Special Incentives for Manufacturers and Exporters that is available from the Namibia Investment Centre (NIC).

• Non – resident Shareholders’ Tax is only 10 percent;
• Dividends accruing to Namibian companies or resident shareholders are tax-exempt;
• Plant, machinery and equipment can be fully written off over a period of three years;
• Buildings of non-manufacturing operations can be written off, 20 percent in the first year and the balance at 4 percent over the ensuing 20 years;
• Import or purchase of manufacturing machinery and equipment is exempted from Value Added Tax (VAT); and,
• Preferential market access to EU, USA and other markets for manufacturers is provided.

Namibia has an Export Processing Zone (EPZ) regime that offers favorable conditions for companies wishing to manufacture and export products. At the end of 2017, there were 18 EPZ companies in operation, most of which were closely linked to minerals beneficiation, including Namzinc (which produces Special High Grade zinc at the Skorpion zinc mine), Namibia Custom Smelters (which produces blister copper from imported copper concentrates), and a variety of diamond cutting and polishing operations (which cut and polish locally and internationally sourced rough diamonds).

The government actively encourages partnerships with historically disadvantaged Namibians. Although the government does not have a codified Black Economic Empowerment (BEE) program, the Equity Commission requires all firms to develop an affirmative action plan for management positions and to report annually on its implementation. Namibia’s Affirmative Action Act strives to create equal employment opportunities, to improve conditions for the historically disadvantaged, and to eliminate discrimination. The Equity Commission facilitates training programs, provides technical and other assistance, and offers expert advice, information, and guidance on implementing affirmative action in the workplace.

In certain industries, the government has employed specific techniques to increase Namibian participation. In the fishing sector, for example, companies pay lower quota fees if they operate Namibian-flagged vessels based in Namibia with crews that are predominantly Namibian. The Ministry of Mines and Energy has made clear that mining companies must “indicate and show commitment to empower previously disadvantaged Namibians” in their applications for exploration and mining licenses.

The lengthy and administratively burdensome process of obtaining work permits in Namibia is among investors’ greatest complaints. Although the government cites the country’s high unemployment rate as its motivation for a strict policy on work permits, Namibia’s labor force does not yet meet many of the skills needed to fill jobs that foreigners currently hold.

The Namibian government does not have “forced localization” requirements for data storage. Domestic content is encouraged. SOEs are including local ownership and participation requirements in procurement actions.

The Namibian constitution guarantees all persons the right to acquire, own and dispose of all forms of property throughout Namibia, but also allows parliament to make laws concerning expropriation of property (see Expropriation and Compensation Section) and to regulate the right of foreign nationals to own or buy property in Namibia. There are no restrictions on the establishment of private businesses, size of investment, sources of funds, marketing of products, source of technology, or training in Namibia. All deeds of sales are registered with the Deeds Office. Property is usually purchased through real estate agents and most banks provide credit through mortgages. The Namibian constitution prohibits expropriation without just compensation.

Namibia is a party to the World Intellectual Property Organization (WIPO) Convention, the Berne Convention for the Protection of Literary and Artistic Works, and the Paris Convention for the Protection of Industrial Property. Namibia is also a party to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and the Patent Cooperation Treaty. Namibia is a signatory to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.

The responsibility for IPR protection is divided among three government ministries. The MITSMED oversees industrial property and is responsible for the registration of companies, private corporations, patents, trademarks and designs through its Business and Intellectual Property Authority (BIPA). The Ministry of Information and Communication Technology (MICT) manages copyright protection, while the Ministry of Environment and Tourism (MET) protects indigenous plant varieties and any associated traditional knowledge of these plants.

Two copyright organizations, the Namibian Society of Composers and Authors of Music (NASCAM) and the Namibian Reproduction Rights Organization (NAMRRO), are the driving forces behind the government’s anti-piracy campaigns. NASCAM administers property rights for authors, composers and publishers of music. NAMRRO protects all other IPRs including literary, artistic, broadcasting, satellite, traditional knowledge, and folklore.

Namibia is not listed on the USTR’s 2017 Out-Of-Cycle Review of Notorious Markets, or in the 2018 Special 301 Report. For additional information about treaty obligations and points of contact at local IP offices, please see WIPO’s country profiles at http://www.wipo.int/directory/en/ .

There is free flow of financial resources within Namibia and throughout the Common Monetary Area (CMA) countries of the South African Customs Union (SACU), which include Namibia, Botswana, Swaziland, South Africa, and Lesotho. Capital flows with the rest of the world are relatively free, subject to the South African currency exchange rate. The Namibia Financial Institutions Supervisory Authority (NAMFISA) registers portfolio managers and supervises the actions of the Namibian Stock Exchange (NSX), and other non-bank financial institutions.

Although the NSX is the second-largest stock exchange in Africa, it is due to South African firms being listed on the Johannesburg exchange as well as the NSX. The government has introduced investment incentives to attract mutual funds and foreign portfolio investors that have energized emerging stock markets elsewhere in the developing world. By law, Namibia’s government pension fund and other Namibian funds are required to allocate a certain percentage of their holdings to Namibian investments. Namibia has a world-class banking system that offers all the services needed by a large company. Foreign investors are able to get credit on local market terms.

There are no laws or practices by private firms in Namibia to prohibit foreign investment, participation or control; nor are there any laws or practices by private firms or government precluding foreign participation in industry standards-setting consortia.

Namibia’s central bank, the Bank of Namibia (BON), regulates the banking sector. Namibia has a highly sophisticated and developed commercial banking sector that is comparable with the best in Africa. There are five commercial banks: Standard Bank, Nedbank Namibia, Bank Windhoek, FNB Namibia, and the SME Bank. Bank Windhoek is the only locally-owned bank, the others are subsidiaries of South African institutions. In addition, there is one microfinance bank (Trustco, formerly known as FIDES Bank) and one branchless bank (EBank). In 2015, the BON granted provisional licenses to Banco BIC Namibia Limited and Banco Atlantico, both of which have majority Angolan shareholding. A third bank, Letshego Bank Limited, received a provisional license from the BON to operate mostly as a microfinancier. A significant proportion of bank loans come in the form of bonds or mortgages to individuals. There is little or no investment banking activity.

While there are no restrictions on foreigners’ ability to open bank accounts, a non-resident must open a “non-resident” account at a Namibian commercial bank to facilitate loan repayments. This account would normally be funded from abroad or from rentals received on the property purchased, subject to the bank holding the account being provided with a copy of any rental. Non-residents who are in possession of a valid Namibian work permit/permanent residency are considered to be residents for the duration of their work permit and are therefore not subject to borrowing restrictions placed on non-residents without the necessary permits.

The BON does not recognized cryptocurrencies, such as Bitcoin, as legal tender in Namibia. The BON is reluctant to allow the implementation of blockchain technologies in banking transactions.

The Namibian dollar is pegged at parity to the South African Rand, and rand are accepted as legal tender in Namibia. The FIA offers investors meeting certain eligibility criteria the opportunity to obtain a Certificate of Status Investment (CSI). A “status investor” is entitled to:

• Preferential access to foreign exchange to repay foreign debt, pay royalties and similar charges, and remit branch profits and dividends;
• Preferential access to foreign currency in order to repatriate proceeds from the sale of an enterprise to a Namibian resident;
• Exemption from regulations which might restrict certain business or categories of business to Namibian participation;
• Right to international arbitration in the event of a dispute with the government; and,
• Payment of just compensation without undue delay and in freely convertible currency in the event of expropriation.

According to World Bank Development Indicators, data remittances to Namibia have been consistently less than 0.15 percent of GDP for at least the last decade. The majority of remittances are processed through commercial banks. There have been no plans to change investment remittance policies in recent times.

Namibia does not have a Sovereign Wealth Fund (SWF). The Government Institution Pension Fund (GIPF) provides retirement and benefits for employees in the service of the Namibian government as well as institutions established by an act of the Namibian parliament.

While Namibian companies are generally open to foreign investment, SOEs have been closed to all investors (Namibian and foreign), with the exception of joint ventures discussed below. More than 90 SOEs, also known as parastatals, include a wide variety of commercial companies, financial institutions, regulatory bodies, educational institutions, boards, and agencies. Generally, employment at SOEs is highly sought after due to their remuneration packages not bound by public service constraints. Parastatals provide most essential services, such as telecommunications, transport, water, and electricity. The following are the most prominent SOEs:

• Air Namibia (air carrier)
• Namibia Airports Company (airport management company)
• Namibia Institute of Pathology (medical laboratories)
• Namibia Wildlife Resorts (tourism)
• Namport (maritime port authority)
• Nampost (postal and courier services)
• Namwater (water sanitation and provisioning)
• Roads Contractor Company
• Telecom Namibia (primarily fixed-line) and MTC (mobile communications)
• TransNamib (rail company)
• NamPower (electricity generation and transmission)
• Namcor (national petroleum company)
• Epangelo (mining)

Namibia does not have a privatization program.

Most large firms, including SOEs, have well-defined (and -publicized) corporate social responsibility (CSR) programs that provide assistance in areas such as education, health, environmental management, sports, and SME development. Many firms include Black Economic Empowerment (BEE) programs within their larger CSR programs. Firms operating in the mining sector – Namibia’s most important industry – generally have visible CSR programs that focus on education, community resource management, and environmental sustainability, health, and BEE. Many Namibian firms have HIV/AIDS workplace programs to educate their employees about how to prevent contracting and spreading the virus/disease. Some firms also provide anti-retroviral treatment programs beyond what may be covered through government and private insurance systems.

The Anti-Corruption Act of 2003 created an Anti-Corruption Commission (ACC), which began operations in 2006. The ACC attempts to complement civil society’s anti-corruption programs and support existing institutions such as the Ombudsman’s Office and the Office of the Attorney General. Anti-corruption legislation is in place to combat public corruption. In a nationwide survey commissioned by the ACC and released in 2016, corruption was listed at the third-most important development challenge facing Namibia (6 percent, after unemployment at 37 percent and poverty at 30 percent). 78 percent of survey respondents rated corruption as “very high” in Namibia. The highest result comes from those in rural areas.

Namibia has signed and ratified the UN Convention against Corruption and the African Union’s African Convention on Preventing and Combating Corruption. Namibia has also signed the Southern African Development Community’s Protocol against Corruption.

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

Paulus Noa
Director
Namibia Anti-Corruption Commission
Corner of Montblanc & Groot Tiras Street, Windhoek
+264-61-370-600
anticorruption@accnamibia.org

Namibia is a stable multiparty and multiracial democracy. The protection of human rights is enshrined in the Namibian constitution, and the government generally respects those rights. Political violence is rare and damage to commercial projects and/or installations as a result of political violence is considered unlikely. The State Department’s Country Report on Human Rights for Namibia provides additional information.

Namibia has ratified all of the International Labor Organization’s fundamental conventions. Businesses operating within export processing zones are required to adhere to the Labor Act.

The 2007 Labor Act contained a provision that prohibited the hiring of temporary or contract workers (“labor hire”), but the provision was ruled unconstitutional by the Supreme Court. The Labor Amendment Act of 2012 introduced strict regulations with respect to the use of temporary workers, according to which temporary workers must generally receive equal compensation and benefits as non-temporary workers.

Child labor in Namibia may occur in certain sectors, such as domestic work, but its occurrence and prevalence is difficult to verify. Although Namibia has ratified all key international conventions concerning child labor, there continue to be gaps in Namibia’s domestic legal framework.

There is a shortage of specialized skilled labor in Namibia. Employers often cite labor productivity and the shortage of skilled labor as the biggest obstacles to business growth. The 2017-18 Global Competitiveness Report ranked Namibia 90th out of 137 economies. An inadequately educated workforce, lack of access to financing, and inefficient government bureaucracy are listed in the report as the most problematic factors for doing business.

The government offers manufacturing companies special tax deductions of up to 25 percent if they provide technical training to employees. The government will also reimburse companies for costs directly related to employee training under approved conditions.

As of April 1, 2014, the Namibian government implemented a Vocational Education and Training (VET) levy to facilitate and encourage vocational education and training. The levy, which is payable to the Namibia Training Authority (NTA), is imposed on every employer with an annual payroll of at least NAD 1,000,000 (approximately USD 70,000), at the rate of 1 percent of the employer’s total annual payroll. The NTA will collect and administer the levy, and will use the funds to provide financial and technical assistance to employers, vocational training providers, employees, students, and other bodies to promote vocational education and training. In addition, companies can get a rebate from NTA of up to 50 percent of the training costs for their employees.

The United States has had an Investment Incentive Agreement with Namibia since 1990. Under the agreement, the Overseas Private Investment Corporation (OPIC) is the USG entity that provides political risk insurance and credit facilities to qualified U.S. investors in Namibia. Namibia is also a member of the World Bank’s Multilateral Investment Guarantee Agency (MIGA).

* Namibia Statistics Agency

Table 3: Sources and Destination of FDI

Data not available.

Table 4: Sources of Portfolio Investment

Data not available.

Caroline Dow
Economic/Commercial Officer
14 Lossen Street, Windhoek, Namibia
+264-61-295-8500
Econ_Comm_Windhoek@state.gov