Various Measures for Consideration for Multilateral Investment Agreement (MIA)

Measures relating to admission and establishment

• Closing certain sectors, industries or activities to FDI 
• Quantitative restriction on the number of foreign companies in specific sectors, industries or activities. 
• Minimum capital requirements. 
• Subsequent additional investment or reinvestment requirements
• Screening, authorization and registration of investment. 
• Conditional entry upon investment meeting certain development or other criteria (e.g. environmental responsibility). 
• Investment must take certain. Legal form (e.g., incorporated in accordance with local company law requirements). 
• Restrictions on forms of entry (e.g. mergers and acquisitions may not be allowed, or must meet certain additional requirements). 
• Special requirements for non equity forms of investment (e.g., build operate transfer (BOT) agreements, licensing of foreign technology). 
• Investment not allowed in certain zones or regions within countries. 
• Restrictions on import of capital goods needed to set up an investment (e.g. machinery, software). 
• Investors required to deposit certain guarantees (e.g. for financial institutions). 
• Admission to privatization bids restricted or conditional on additional guarantees, for foreign investors. 
• Admission fees (taxes) and incorporation fees (taxes).
• Investors required complying with norms related to national security, policy, customs, and public morals requirements as conditions to entry. 

Measures relating to ownership and control

• Restriction on foreign ownership (e.g. no more than 50 per cent of foreign owner capital allowed). 
• Compulsory joint ventures, either with state participation or with local private investors. 
• Mandatory transfers of ownership to local firms, usually over a period of time. 
• Nationality restrictions on the ownership of the company or shares thereof. 
• Restrictions on the use of long term (5 years or more) foreign loans (e.g. bonds). 
• Restrictions on the free transfer of shares or other proprietary rights over the company held by foreign investors (e.g. shares cannot be transferred without permission).
• Restrictions on foreign shareholders rights (e.g. on payment of dividends, reimbursement of capital upon liquidation; on voting rights; denial of information disclosure on certain aspects of the running of the investment). 
• "Golden” shares to be held by the host government allowing it, e.g., to intervene if the foreign investor captures more than a certain percentage of the investment. 
• Government reserves the right to appoint one or more members of the board of directors. 
• Restriction on the nationality of directors, or limitation on the numbers of expatriates in top managerial positions. 
• Government reserves the right to veto certain decisions, or requires that important board decisions to be unanimous. 
• Government must be consulted before adopting certain decisions. 
• Management restrictions on foreign controlled monopolies or upon privatization of public companies. 
• Restrictions on land or immovable property ownership and transfers thereof. 
• Restrictions on industrial or intellectual property ownership or insufficient ownership protection. 
• Restrictions on the licensing of foreign technology.