2023 Investment Climate Statements: Lesotho

Policies Towards Foreign Direct Investment

The GOKL is open to FDI and successive governments have tried to attract FDI as a key component of national development. However, recent years have seen increasing critiques in Lesotho’s press and from select politicians of foreign investors who repatriate their profits rather than reinvesting in Lesotho. This has resulted in a series of populist polices and policy proposals intended to protect opportunities for local investors and entrepreneurs, but which may inadvertently dampen Lesotho’s attractiveness as a destination for foreign investment. Lesotho follows World Trade Organization (WTO) laws and regulations, but local law makes some distinctions between local and foreign investors in some industries (see “Limits on Foreign Control and Right to Private Ownership and Establishment”).

Lesotho’s investment promotion agency, the Lesotho National Development Corporation (LNDC), is responsible for the initiation, facilitation, and promotion of Lesotho as an attractive investment destination.  LNDC also undertakes investment project appraisals, provides pre-investment and after-care services, risk management, trade and investment research, and strategic planning.  It also ensures investors’ compliance with the country’s legal frameworks.  Through LNDC, the government actively encourages investment in manufacturing, mining, and agriculture sectors. LNDC also implements the country’s industrial development policies.

LNDC provides the support services described above to foreign investors and regularly publishes information on investment opportunities and the services it offers to foreign investors. LNDC also identifies investors’ infrastructure needs and facilitates allocation of these. LNDC again addresses problems that investors face with service providers to ensure smooth start up and operation. Furthermore, LNDC offers incentives such as long-term loans, tax incentives, factory space at discounted rental rates, assistance with work permits and licenses, and logistical support for relocation.  LNDC maintains an ongoing dialogue with foreign and domestic investors by attending annual trade and investment forums both locally and internationally. For more information on LNDC, please visit:  http://www.lndc.org.ls .

Limits on Foreign Control and Right to Private Ownership and Establishment

Lesotho is open to foreign investment and there are no economy-wide restrictions applied to foreign ownership and control. However, GOKL has passed laws and regulations intended to limit foreign ownership to large scale businesses in complex sectors while reserving small scale businesses in designated sectors exclusively for the indigenous citizens of Lesotho (“Basotho”). The Trading Enterprises Regulations of 2011 (TER 2011) and the Business Licensing and Registration Regulations of 2020 (BLRR 2020) reserve certain businesses for Basotho and limit foreign investors to operating these businesses as minority shareholders with a maximum of 49 percent shareholding. The reserved 47 businesses include acting as an agent of a foreign firm, barber, butcher, snack-bar operator, domestic fuel dealer, dairy shop proprietor, general café or dealer, greengrocer, broker, mini supermarket (floor area < 250m2), and hair and beauty salon.  Most businesses affected by these regulations are micro or small enterprises, but some mid-sized foreign-owned firms will be affected. In 2021, the government amended the BLRR 2020 to allow foreign investors to continue to operate in the used motor dealership sector following a low number of Lesotho citizens willing to venture into the sector which requires high capital.

The Business Licensing and Registration Act 2019 (BLRA 2019) requires foreign investors to provide a capital of $123,152 or provide proof of investment of $123,152 during registration or renewal of their traders’ licenses or to have deposited $123,152 with a local institution. However, the Central Bank of Lesotho Act of 2000 stipulates a foreign investment minimum threshold of $250,000.  While pleased that the new law indicates a reduction in the minimum sum that they must invest, many foreign investors are concerned that this discrepancy was not clarified in the BLRA 2019 legislation.

BLRA 2019 requires foreign investors to renew their business identification card annually while locals are only required to renew their business identification cards after three years. Some foreign entrepreneurs operating in Lesotho have complained that the process of renewing their business identification cards annually is extremely onerous. BLRA 2019 also requires foreign investors to transfer technology and business expertise to local investors. Many foreign entrepreneurs operating in Lesotho complain that this requirement is poorly articulated and arbitrarily enforced.

The Mines and Minerals Act No.4 of 2005 restricts mineral permits for small-scale mining operations on less than 100m2 to local ownership. However, the Mines and Mineral (Amendment) Act 2022 legalizes artisanal and small-scale mining for locals. Diamond mining, regardless of the size of the operation, is subject to the large-scale mines licensing regime, which has no restrictions on foreign ownership; however, GOKL reserves the right to acquire at least 20-35 percent ownership in any large-scale mine.  By law, the Ministry of Trade and Industry is instructed to screen foreign investments in a routine, nondiscriminatory manner to ensure consistency with national interests.

Other Investment Policy Reviews

Cabinet approved Lesotho’s investment policy and it became law in early 2016.  The United Nations Conference on Trade and Development assisted with the development of the policy. (UNCTAD) (http://unctad.org/en/pages/PublicationArchive.aspx?publicationid=503 ) .  The government has undertaken investment policy reviews in 2020 with the assistance of UNCTAD.

The government also developed a comprehensive trade policy and the National Export Strategy in 2020 to enable Lesotho to participate meaningfully in the global trading system.

In 2022, the GOKL launched the Lesotho National Single Window (LNSW) which is an online portal used for issuance of cross-border permits, certificates, and licenses. The portal expedites movement and clearance of goods at the borders. The portal provides real-time data to assist the government to monitor trade trends to better inform policy interventions.

Business Facilitation

In 2016, the government launched a “One Stop Business Facilitation Centre” (OBFC), to make it easier to do business and facilitate FDI. OBFC places all services required for the issuance of licenses, permits, and imports and exports clearances under one roof.  The portal provides transparency and predictability to trade transactions and reduces the time and cost of trading across borders. The OBFC web site is  http://www.obfc.org.ls/business/default.php .

The process of company registration includes: a work permit application with the Ministry of Labor and Employment, a visa application and resident permit with the Ministry of Home Affairs, a trader’s license with the Ministry of Trade and Industry, tax clearance with Lesotho Revenue Authority, a police clearance with the Ministry of Police and Public Safety, the Certificate of Occupancy with Maseru City Council and a medical clearance with the Ministry of Health.

In November 2020, the OBFC held a twin launch of e-Regulations and e-Licensing. The e-Regulations provides a clear step by step process to register a business. This also stipulates requirements, costs, time and contact details for registering a business. The e-Licensing allows foreign investors to apply online to obtain a business license. This initiative has reduced instances of fraud and manipulation. It takes a maximum of three days to issue both industrial and traders licenses. For more information on e-licenses, please visit: www.Lesotho.elicenses.org .  For more information on e-regulations please visit: http://www.lesotho.eregulations.org  .

Outward Investment

Lesotho provides incentives to investors who export outside the country. Export manufacturers obtain a full rebate of customs duty paid on their inputs imported to produce for markets outside the Southern African Customs Union (SACU). The government does not restrict domestic investors from investing abroad.

The government facilitates quality standard processes and export permits for outward investment.  For African Growth and Opportunity Act (AGOA) exports, the Ministry of Trade and Industry, LNDC, and Revenue Services Lesotho provide support including on export requirements.  Other agencies such as the U.S. Agency for International Development Southern Africa Trade and Investment Buy-In Activity provide capacity to the government for the implementation of AGOA.  The government has assigned Lesotho Standards Authority to assist investors who export to the Republic of South Africa (RSA).

Transparency of the Regulatory System

According to some business community representatives, regulatory enforcement is generally weak and has moderate impact by hindering competition and distorting business and investment practices.  The legal, regulatory, and accounting systems are transparent and consistent with international norms.  The accounting systems for companies are regulated by the Companies Act of 2011 and Financial Institutions Act of 2012.  International Financial Reporting System (IFRS) is the current financial system used by companies.  Rule-making and regulatory mechanisms exist at the local, national, and supra-national levels although the most relevant for foreign investors is the national level.  There are no informal regulatory processes managed by the private sector or non-governmental organizations.

There are no private sector or government efforts to restrict foreign participation in consortia or organizations that set industry standards.  Lesotho has a centralized online location where key regulatory actions are published.  However, the website is poorly maintained and rarely updated —  https://lesotholii.org/ .  The government printing office also publishes government gazettes which can be purchased by the public.

Businesses in Lesotho are regulated by the Companies Act of 2011. The issuance of traders’ licenses is governed by the Trading Enterprises Order of 1993, as amended in 1996, and the Trading Enterprises Regulations of 1999, as amended in 2011, as well as the Business Licensing and Registration Act of 2019.  Trading licenses are required for a wide range of services; some enterprises can require up to four licenses for one location.  Manufacturing licenses are covered by the Industrial Licensing Act of 1969 and the Pioneer Industries Encouragement Act of 1969.  For most manufacturing license applications, environmental certificates issued by the National Environmental Secretariat (NES) are sufficient.  Where manufacturing activities are assumed to have actual or potential environmental impacts, however, an Environmental Impact Assessment is required, which must be approved by the NES.  The introduction of the OBFC improved the industrial and trading license system.  The OBFC has also streamlined other bureaucratic procedures, including those for licenses and permits.

The GOKL modernized the regulatory framework for utilities through the establishment of the independent Lesotho Communications Authority (LCA), which regulates the telecommunications sector, and the Lesotho Electricity and Water Authority (LEWA), which regulates the energy and water sectors.  The two authorities set the conditions for entry of new competitive operators.  The LEWA allows both the Lesotho Electricity Company and the Water and Sewerage Company to maintain monopolies in their respective sectors.

The Mines and Mineral (Amendment) Act 2022, Mines and Minerals Act of 2005, the Precious Stones Order (1970), and the Mine Safety Act (1981) provide a regulatory framework for the mining industry.  The Commissioner of Mines in the Ministry of Mines, supported by the Mining Board, is authorized to issue mineral rights to both foreigners and local investors.  On approval, it takes about a month for both prospecting and mining licenses to be issued.

Under the Financial Institutions Act of 2012 the Central Bank of Lesotho (CBL) regulates financial services.

Tourism enterprises are required to secure licenses under the Accommodation, Catering and Tourism Enterprise Act of 1997.  The Act provides for a Tourism Licensing Board that issues and renews licenses for camp sites, hotels, lodges, restaurants, self-catering establishments, bed and breakfasts, youth hostels, resorts, motels, catering, and guest houses.  Applicants for any of the above licenses must apply to the Board three months before its next meeting.  Several government departments, specifically the Ministries of Health and Tourism, the police and, when the property is in Maseru, the Maseru City Council, must inspect properties and submit inspection reports to the Board on prescribed forms.  Licenses are granted for one year and can be renewed.

Parliamentary committees may, but are not required to, publish proposed laws and regulations in draft form for public comment.  Parliament may also hold public gatherings to explain the contents of the proposed laws, and these provide opportunities for comment on proposed laws and regulations.  The committees generally hold such consultations for laws that are perceived to be sensitive, such as: The Land Act, the Penal Code, and the Children’s Welfare and Protection Act.

Regulations are developed to enforce the law, to implement objectives of legal frameworks, and to ensure compliance.  The following steps are followed when regulations are developed: the initiating ministry or agency writes a cabinet memo reflecting objectives and benefits of the regulations.  The cabinet memo is then widely circulated to relevant stakeholders to reflect how the regulations will impact them and to seek concurrence.  The initiating agency then makes a cabinet presentation to seek cabinet approval to draft the regulations.  The initiating agency drafts regulations and holds meetings with relevant stakeholders to obtain their input.  The initiating ministry or agency holds workshops with relevant stakeholders to validate regulations.  Draft regulations are submitted to the Attorney General for certification.  A Parliamentary presentation is held and updates to the draft are made.  A presentation to the Senate is held and updates of the regulations are made.  Parliament tables the regulations, and a provision of royal ascent is made by His Majesty King Letsie III.  The regulations are published, and the public is given a period of 14 days to review the regulations after which their comments are incorporated, and the regulations are finalized and gazetted.  The last step is to sensitize the public on the new regulations.

Information on debt obligations is publicly available, including online.  The government produces an Annual Public Debt Bulletin, which covers debt management operations, debt portfolio, debt service, and loan guarantees.  The government also publishes a Medium-Term Debt Strategy paper.  More information is available at: www.finance.gov.ls/ .

International Regulatory Considerations

Lesotho is a member of the Southern African Development Community (SADC) and the SACU.  SACU strives to promote integration of Member States into the global economy through enhanced trade and investment. SADC aspires to deepen regional integration and sustainable development. Lesotho’s products enjoy duty free access to SADC countries, which has a total population of 277 million.  For more information about SADC, visit:  www.sadc.int  .

In January 2021, the GOKL ratified the African Continental Free Trade Area (AfCFTA) agreement. The main objective of the AfCTA is to create a single continental market for goods and services, with free movement of businesspersons and investments. The agreement has been signed by 54 out 55 countries. To date, 46 countries have ratified the agreement. The agreement would provide a market access of over 1 billion people to Lesotho’s products with a combined Gross Domestic Product (GDP) estimated at $3.4 trillion. For more information about AfCFTA, visit: https://au-afcfta.org/about/ .

Lesotho is a member of the World Trade Organization (WTO). Lesotho’s regulatory systems are independent and not intertwined with regional regulations.  In cases where there are gaps with national regulations, the country uses regional regulations to close them.  The government does not reference or incorporate U.S. or another country’s regulatory systems.  The government notifies all agreements of Technical Barriers to Trade (TBT).  More information is located at:  https://www.tfadatabase.org/members/lesotho  .

Legal System and Judicial Independence

The legal system in Lesotho is based on Roman–Dutch law and English common law, combined with precolonial customary law.  The judicial system is made up of the High Court, the Court of Appeal, subordinate courts, and the Judicial Service Commission (JSC).

There is no trial by jury, instead, judges make rulings alone. There are magistrates’ courts in each of the 10 districts, and more than 70 central and local courts. With U.S. support, a Commercial Court was established in 2010 to improve the country’s capacity in resolving commercial cases though backlogs continue to delay processing times.  Foreign investors have equal treatment before the courts in disputes with national parties or the government.  The SADC Protocol on Finance and Investment enables investors to refer a dispute with the State to international arbitration if domestic remedies have been exhausted.  Lesotho is a signatory of the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) and also accepts ad hoc arbitration.  Lesotho is a member of the International Center for the Settlement of Investment Disputes (ICSID), and the Arbitration International Investment Disputes Act of 1974 commits Lesotho to accept binding international arbitration of investment disputes.

Laws and Regulations on Foreign Direct Investment

Lesotho does not have any investment laws. The overarching FDI policy is the 2015 National Investment Policy of Lesotho, produced with the assistance of UNCTAD.  The Companies Act of 2011 and the Financial Institutions Act of 2012 are the principal laws that regulate incoming foreign investment through acquisitions, mergers, takeovers, purchases of securities and other financial contracts and greenfield investments.  The investment treaties also govern conduct toward the entry of foreign investment.  In 2022 there were no major cases relating to foreign investment and the 2022 judgments are available at: https://lesotholii.org/courtnames/high-court/2022 . The OBFC hosts the Lesotho Trade Information Portal, a single online authoritative source of all laws, regulations, and procedures for importing and exporting.   The OBFC web site is: http://www.obfc.org.ls/business/default.php .  The OBFC portal provides information on company registration and export and import regulations as well as information and links to key laws and 15 ministries.

Competition and Antitrust Laws

The government has produced but not yet passed a draft competition bill to improve the regulation of investments.  Its goal is to “provide the legal basis for undistorted competition and thus contribute to transparency and predictability in domestic markets.”  The are no agencies established to review transactions for competition-related concerns.  However, various government sectors deal with competition-related issues through use of available institutional guidelines and procedures. These include the Commercial Court, the Ministry of Trade, Industry, Business Development and Tourism.  The government produced the Financial Consumer Protection Act, 2022 and recently approved Financial Consumer Protection (Disclosure of Credit Information) Regulations of 2023.

Expropriation and Compensation

The constitution provides that the acquisition of private property by the state can only occur for specified public purposes. The processes that are followed during expropriation follow the Land Act of 2010. These include consultations between government/authority and claimant, consultation with the chief, demarcation and survey of the area, publishing a gazette for public notification and information and provision of compensation equal to fair market value of the property.  In cases of expropriation where claimants allege a lack of due process, the affected persons may appeal to the High Court as to whether the action is legal, and compensation is adequate.  The constitution is silent on whether compensation may be paid abroad in the case of a non-resident; such an additional provision would usually be contained in a foreign investment law.  The government has no history of discriminating against U.S. or other foreign investments, companies, or representatives in expropriation.  The only local ownership law is the Trading Enterprises Act.

Dispute Settlement

ICSID Convention and New York Convention

Lesotho is a member of the ICSID Convention and the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.  There is no specific domestic legislation providing for enforcement of awards under the ICSID Convention.

Investor-State Dispute Settlement

The government is a signatory to a treaty in which binding international arbitration of investment disputes is recognized.  Lesotho has no Bilateral Investment Treaty (BIT) with the United States.  The government has little history of investment disputes involving U.S. or other foreign investors or contractors in Lesotho.

Foreign investors have full and equal recourse to the Lesotho courts for commercial and labor disputes.  Courts are regarded as fair and impartial in cases involving foreign investors. There is no history of extrajudicial action against foreign investors.

International Commercial Arbitration and Foreign Courts

Lesotho readily accepts binding international arbitration of investment disputes.  Lesotho has entered into a number of bilateral investment agreements that provide for international arbitration.  However, Lesotho does not have a bilateral investment treaty with the United States.  The government stands ready to accept and enforce foreign arbitral awards and judgements if they meet the requirements of domestic law (there have been no such awards to date).

Bankruptcy Regulations

The Companies Act is the principal commercial and bankruptcy law in Lesotho. According to the law, creditors, equity shareholders, and holders of other financial contracts of a bankrupt company have a right to nominate a person to be a liquidator, however, if there are any disagreements, the person nominated by the creditors shall be the liquidator.  All claims against a bankrupt company shall be proved at a meeting of creditors and equity shareholders.  If the claim is rejected by the liquidator, the claimant may apply to the court by motion to set aside the rejection.  Creditors who will act as witnesses are entitled to witness fees. In a bankruptcy, workers are paid first, then creditors, equity shareholders and holders of other financial contracts are paid. Monetary judgments are usually made in the local currency.

Investment Incentives

There are tax, factory space, and financial incentives available to manufacturing companies establishing themselves in Lesotho, such as no withholding tax on dividends distributed by manufacturing firms to local or foreign shareholders. LNDC does not offer tax credits, but has a competitive corporate income tax rate of 10 % on manufacturing profits. LNDC provides credit guarantee support on loans provided by local commercial banks to eligible business legally registered in Lesotho including both foreign and domestic businesses. LNDC also provides de-risking equity fund where foreign investors perceive certain sectors as too risky to invest alone. LNDC offers unimpeded access to foreign exchange, export finance facility, and long-term loans.  These incentives are applied uniformly to both domestic and foreign investors. The LNDC also provides ready-built factory shells for manufacturing on fully serviced land with electricity and water. For more information, see: http://www.lndc.org.ls .  The incentives are specified in government administrative policies and regulations.

Foreign Trade Zones/Free Ports/Trade Facilitation

Lesotho does not have any free or foreign trade zones. Lesotho drafted a Free Trade Policy which was presented to Parliament. Labor-intensive textile manufacturing companies that export beyond the SACU market including those who export under AGOA enjoy the benefits of free trade zones since they can import raw materials then export finished products duty and tax free.

Performance and Data Localization Requirements

The government imposes mandates for local employment with an exception on shareholders and investors.

Requirements for visas and residence permits are not intentionally discriminatory; however, procedures are lengthy and not integrated. Work permits to foreign nationals are generally issued and renewed after significant delay. For technical positions, firms have to provide justification based on local skill shortage.  The procedures for obtaining technical permits are transparent but foreign investors complain about excessive fees charged and long delays in processing.

Work permits for the manufacturing sector are issued at the OBFC, while all other sectors need to lodge their applications with the Office of the Labor Commissioner.  The maximum period provided for a work permit is one year. The Ministry of Labor and Employment, with the financial support of the U.S. government and the International Organization for Migration (IOM), is conducting research to improve the effectiveness of the work permit system. For more information on the requirements for visas, residence permits and work permits, please visit:  http://www.obfc.org.ls/business/default.php . 

The GOKL does not follow a policy of “forced localization” designed to force foreign investors to increase investment and/or employment in the local economy.  The government does not force foreign investors to establish and maintain data storage within Lesotho; however, foreign investors are required to keep records of local sales and employees’ remuneration locally for tax purposes.  The country drafted a localization program to guide businesses in adhering to domestic conduct. The country introduced the training incentive program which applies for both local and foreign investors. Training costs are allowable at 125 percent for tax purposes.

Real Property

The right to private property is protected under the law.  Property rights and interests are enforced, and owners of property enjoy protection under the Lesotho Constitution of 1993. All foreign and domestic private entities may freely establish, acquire, and dispose of interests in business enterprises.  Under the Land Act of 2010, foreign nationals are permitted to buy and hold land provided they have a local partner with at least 20 percent ownership. Foreign investors are eligible to hold rights under sublease agreements, which should not exceed duration of parent land leases being 90 years for residential leases, 60 years for commercial leases and 30 years for petroleum products respectively (section 32 of the Land Act).

Secured interests in property, both movable and real, are recognized and enforced under the Land Act of 2010.  The concept of a mortgage exists and mortgages are protected under the Deeds Registry Act of 1967.  Secured interests, including mortgages, are recorded and filed by the Deeds Registry.

Land titles (leases) as well as secondary land transactions can be enforced in the Land Courts, Magistrate Courts, and the High Court. The Laws of Lerotholi (Amendment) Bill, 2022 repeals marital powers and gives women right to hold land titles. The Deed Registry Act of 1967 provides registration of mortgages, sublease agreements and transfer of immovable property. For more information, please visit  www.laa.org.ls .

Through the support of the U.S. Millennium Challenge Corporation, the government of Lesotho significantly improved the process of registering land titles. In 2022, the Land Administration Authority (LAA) implemented a digital platform whereby customers would be able to apply for land leases and register deeds online. This new system helped issue leases within two to three weeks as opposed to a period of over 12 months. The initiative is expected to improve Lesotho’s investment environment.

Intellectual Property Rights

Legal structures to protect intellectual property rights (IPR) in Lesotho are relatively strong.  Investors complain that enforcement is somewhat weak, but infringements and theft are not common.  Lesotho respects international IPR laws and is a member of the World Intellectual Property Organization (WIPO) as well as the African Intellectual Property Organization.

Protection of IPR is regulated by the Industrial Property Order of 1989 and the Copyright Act of 1989, which conform to the standards set out in the Paris and Berne Conventions respectively.  The laws protect patents, industrial designs, trademarks, and grants of copyright, but they do not protect trade secrets or semiconductor chip lay-out design.  The Registrar General’s Office in the Ministry of Justice and Law is responsible for enforcement of the Industrial Property Order, while the Ministry of Tourism, Sports and Culture is responsible for enforcement of copyright (reflecting the law’s focus on protection of artistic works). A Collective Management Organization was recently established to protect and promote the interests of rights holders. The organization also distributes royalties.

Two bills with IP related regulations are yet to be passed in Lesotho Parliament. The Ministry of Communications, Science and Technology in liaison with the Lesotho Communications Authority (LCA) have finalized the drafting of the Computer Crime and Cyber Security bill and the Electronic Transactions and Commerce bill.  If enacted, the bills will improve the protection of IPR by addressing cyber-crime and protecting electronic transactions. Lesotho is not included in the United States Trade Representative (USTR) Special 301 Report or the Notorious Markets List.

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/ .

Capital Markets and Portfolio Investment

Through the Central Bank of Lesotho (CBL), the GOKL promotes the development of financial markets in Lesotho. Lesotho’s capital market is relatively underdeveloped, with no secondary market for capital market transactions.  The Maseru Securities Market launched in 2016 under the wing of the CBL listed the first company on its stock exchange. The trading of government bonds; corporate bonds and company shares is strictly electronic— there is no physical building.  For now, bond trading is operated by the Central Bank of Lesotho. For the 2021/22 fiscal year, the government financed a fiscal deficit of approximately $27.8 million through internal borrowing.

The government accepted the obligations of International Monetary Fund (IMF) Article VIII in 1997 and has removed restrictions on the making of payments and transfers for current international transactions.  However, the government has put a limit of $81,632 for international transactions. Foreign participation in government securities is allowed as long as foreign investors can open accounts with local banks through which funds can be collected.  Lesotho is part of the Common Monetary Area (CMA). The current account has been fully liberalized for all inward and outward cross-border transactions.  Transactions, however, over $272,108 for individuals and $34.0 million for businesses still need approval from the Central Bank.  A Central Bank Report reflected that private sector credit from the banking sector increased by 4.8 percent in October 2022 on a year-to-year basis.

Credit is allocated on market terms, and foreign investors are able to get credit on the local market.  Interest rates are quite high by global standards. LNDC does not provide credit to foreign investors but can acquire equity in foreign companies investing in strategic economic sectors.  The private sector has access to a limited number of credit instruments, such as credit cards, loans, overdrafts, checks, and letters of credit. In January 2016, Lesotho’s first credit bureau was launched and has been functional. In July 2020, the parliament passed the Secured Interest in Movable Property Act to allow movable property to be considered as collateral in requesting for credit from commercial banks.

Money and Banking System

Lesotho has a central bank and four commercial banks, including three subsidiaries of South African banks (subject to measures and regulations under the Institutions Act of 2012) and the government-owned Lesotho Post Bank. Commercial banks in Lesotho are well-capitalized, liquid, and compliant with international banking standards; however, interest rates are high by global standards.  Three South African banks account for almost 92.5 percent of the country’s banking assets, which totaled over M21.6 billion ($1.5 billion) by December 2021.  The share of bank nonperforming loans to total gross loans was approximately 4.3 percent in December 2022.  Foreigners are allowed to establish a bank account and may hold foreign currency accounts in local banks; however, they are required to meet the requirements of the Financial Institutions Act 2012, Money Laundering and Proceeds of Crime Act of 2008 (amended in 2017). Foreign investors are also required to provide a residence permit as a precondition for opening a bank account to comply with the “know your customer” requirements. The country did not lose correspondent banking relationships in the past three years.  Currently there are no banking relationships in jeopardy.

The Liquid Assets to Total Deposits ratio averaged 40% in 2022 thus making the sector well capitalized and liquid to withstand shocks. The Tier 1 Capital to Risk Weighted Assets Ration was estimated to average at 26% for the 2022 financial year, which was 18% above the minimum capital ratio of 8%.

Foreign Exchange and Remittances

Foreign Exchange

The Lesotho loti is pegged to the South African rand. The currency fluctuates according to market forces. There are restrictions on converting or transferring funds associated with an investment into a freely usable currency and at a legal market-clearing rate.  Funds can only be converted into the world’s widely recognized currencies such as the U.S. Dollar, British Pound, and the Euro. Incoming funds can be converted into the local currency if the investor does not have the Customer Foreign Currency (CFC) account. If the investor has a CFC account, such funds can remain foreign in that account without any obligation to convert to Maloti. Loans to non-residents and incoming loans are subject to the discretionary allowance of M1 million ($55,556).

Remittance Policies

According to the CBL, there are no plans to change remittance policies.  The current average delay period for remitting investment returns such as dividends, return of capital, interest and principal on private foreign debt, lease payments, royalties, and management fees through normal legal channels is 30 days, provided the investor has submitted all the necessary documentation related to the remittance. There has never been a case of blockage of such transfers, and shortages of forex that could lead to blockage are unlikely given that the CBL maintains net international reserves at a target of 4.3 months of import cover.

Payments of royalties should seek approval from the Central Bank. Export proceeds should be repatriated into the country within the period of six months (180 days).

Sovereign Wealth Funds

There is no sovereign wealth fund or asset management bureau in Lesotho.

Privatization Program

There is no ongoing privatization program in Lesotho.

Additional Resources

Department of State

• Country Reports on Human Rights Practices;
• Trafficking in Persons Report;
• Guidance on Implementing the “UN Guiding Principles” for Transactions Linked to Foreign Government End-Users for Products or Services with Surveillance Capabilities;
• U.S. National Contact Point for the OECD Guidelines for Multinational Enterprises; and;
• Xinjiang Supply Chain Business Advisory 

Department of the Treasury

• OFAC Recent Actions

Department of Labor

• Findings on the Worst Forms of Child Labor Report;
• List of Goods Produced by Child Labor or Forced Labor;
• Sweat & Toil: Child Labor, Forced Labor, and Human Trafficking Around the World and;
• Comply Chain.

Climate Issues

The Government of the Kingdom of Lesotho (GOKL) has a Climate Change Strategy. In 2018, the government prepared the Nationally Determined Contribution (NDC) which sets a 35% reduction target in Green House Gases (GHG) emission by 2030. The private sector is expected to reduce net GHG emissions by 10% by 2030. The GOKL developed its National Climate Change Policy (NCCP) 2017-2027 to preserve biodiversity. Lesotho’s procurement policies do not include environmental or green growth considerations.