Azerbaijan: Investing

FDI in Figures

According to UNCTAD's 2021 World Investment Report, FDI inflows fell by 66% to USD 507 million in 2020, as a result of the global economic crisis triggered by the Covid-19 pandemic. Lockdown measures to contain the impact of the pandemic have weighed on economic activity. In addition, the negative effects of low oil prices - which account for almost nine-tenths of exports - have hit the pipeline of new greenfield projects in the sector. A number of foreign investors have embarked on renewable energy projects. Among others, ACWA Power (Saudi Arabia) has signed an agreement with the government of Azerbaijan to build, own and operate a 240 MW wind farm for USD 216 million, in order to diversify the country's energy mix. FDI inward stocks in Azerbaijan were estimated at USD 32.8 billion in 2020. Azerbaijan inflows focus on the oil and gas sector, although one of the top priorities of the Azerbaijani Government is to diversify the country’s economy and attract FDI to agriculture, transportation, tourism and information/communication technology. Russia is the main source of FDI, but beyond that Azerbaijan is part of the customs union between Russia, Kazakhstan, Armenia and Belarus that, in terms of volume, is the most important in the region and is almost exclusively involved in major projects for oil/gas pipelines and related services.

The Azerbaijani Government has stressed the importance of improving the business climate. The country ranks 34th out of 190 countries in World Bank's latest Doing Business rankings, falling by nine spots from the previous edition. To promote investments, Azerbaijan established a single online portal to issue business licenses and permits. This was against a backdrop of slow structural and anti-corruption reforms. Nonetheless, the country was also designated as one of the top 20 reformer countries by the UNCTAD for its efforts on registering property, obtaining credit, protecting minority investors, and enforcing contracts. Russian invests heavily in Azerbaijan's construction, trade, services, banking, insurance, information technologies, transportation and agriculture sectors. The EU has prioritized the construction of the Southern Gas Corridor, which would transport Azerbaijani gas through Georgia, Turkey, and Europe. Under the recently amended Customs Tariff law, entrepreneurs importing capital equipment for priority sectors will be exempted from taxes for up to seven years. Following the release in 2021 of a tripartite ceasefire declaration by Armenia, Azerbaijan, and Russia over the conflict in the Nagorno-Karabakh region, the Azerbaijani government is seeking new investments in the nearby territories that were previously under the control of Armenian-backed separatists. The problem of corruption remains unresolved and may act as an impediment to the country's development. Azerbaijan ranked 128th out of 180 countries on Transparency International's Corruption Perceptions Index 2021.

What to consider if you invest in Azerbaijan

Strong Points

The country's key strong points include:
- Competitive production costs;
- Low-cost and qualified labour;
- Significant gas potential in the Caspian Sea;
- Perspective of gas exports to Turkey and Europe;
- Connecting link between China and Europe through development of rail corridors with Iran, Turkey and Georgia;
- Substantial foreign currency assets in the State Oil Fund of Azerbaijan (SOFAZ);
- Favourable general business climate (25th position in the World Bank's Doing Business ranking 2019).

Weak Points

The country's main weak points include:
- High regional political instability;
- Relatively poor regional relations, in particular the armed conflict with Armenia over the Nagorno Karabakh enclave;
- Authoritarian political regime;
- Weak government effectiveness and slow progress of structural reforms;
- Significant corruption and weak protection of property rights;
- Heavy dependence on oil and gas sector, creating substantial external vulnerability; limited non-oil sector;
- Decline in oil production (25% reduction over the last 6 years);
- Continued exchange rate risk;
- Weak banking system; largest bank (IBA; 40% of assets) in need of FX debt restructuring.

Government Measures to Motivate or Restrict FDI

The country has signed numerous treaties to encourage FDI. It has also put in place legislation facilitating the creation of companies, limiting corporate taxes and laws to protect FDI.

The biggest share of the foreign investment is directed to the oil and gas sector; nevertheless, one of the top priorities of the Azerbaijani Government is to diversify the country’s economy and to attract foreign investors, in particular in the following sectors: agriculture, transportation, tourism and information/communication technology.

In 2016, President Aliyev signed a decree establishing a free trade zone area next to the Alyat seaport, located 65 km south of Baku. Under the recently amended Customs Tariff law, entrepreneurs importing capital equipment for priority sectors will be exempted of taxes up to seven years.

For more information and to consult the law texts, visit the website of Azerbaijan Export and Investment Promotion Foundation (AZPROMO).

Bilateral Investment Conventions Signed By Azerbaijan

The country has signed conventions with many countries: China, Egypt, Finland, Georgia, France, Germany, United States, Iran, etc. For more information, please visit the investement policy hub website of the UNCTAD.

Procedures Relative to Foreign Investment

Freedom of Establishment

In theory, there is a great amount of freedom for investments, but the bureaucracy and the corruption makes investing difficult outside the energy sector, which is dominated by foreign investments.

The Foreign Investment Laws stipulate the types of entity in which foreign companies can invest, the rules governing the repatriation of profit and earnings and the general right and gurantees provided to foreign investors. Foreigners can invest in business venture in Azerbaijan in a number of ways, such as:
-Establishing a fully owned subsidiary
-Acquiring shares of an existing company
-Establishing a joint venture with Azerbaijani Companies and individuals
-entering into other acceptable forms of investment agreement.

Foreign citizens, organizations, and enterprises may lease but not own land.

For more information, consult the report "Investment Climate 2018" on the US Department of State's website.

Acquisition of Holdings

A majority holding interest in the capital of a local company is legal in Azerbaijan.

Obligation to Declare

As a part of the ongoing business law reforms, a “One Window” principle was introduced from 1 January, 2008. The registration procedures involving several governmental bodies (Ministry of Justice, tax authorities, Social Insurance Fund and Statistics Committee) have been eliminated,
obligating businesses to register only with the Ministry of Taxes. The established period for state registration with the Ministry is officially set at three days for commercial organizations. Registration of non-commercial legal entities is conducted by the Ministry of Justice.

Azerbaijan Export and Investment Promotion Foundation (AZPROMO) gives information on the authorisations required for setting up a company.

Competent Organisation For the Declaration

Azerbaijan Export and Investment Promotion Foundation (AZPROMO)
ASAN (Azerbaijan Service and Assessment Network)

Requests For Specific Authorisations

Certain activities in Azerbaijan (for example, banking, audit, insurance, construction, etc.) require a license or special permit. Companies that intend to engage in activity subject to licensing should apply to the Ministry of Economy of the Republic of Azerbaijan through ASAN (Azerbaijan Service and Assessment Network) in order to get a license after their state registration.

For more information, consult the "Investment Climate" Statement on the US Department of State's website.
For more information, consult the website of the Azerbaijan Export and Investment Promotion Foundation (AZPROMO).

Investment Opportunities

Investment Aid Agency

Azerbaijan Export and Investment Promotion Foundation (AZPROMO)

Tenders, Projects and Public Procurement

Tenders Info, Tenders in Azerbaijan
Asian Development Bank, Proposed Projects in Azerbaijan
Globaltenders, Tenders & Projects from Azerbaijan
DgMarket, Tenders Worldwide

Other Useful Resources

Azerbaijan Export and Investment Promotion Foundation (AZPROMO)

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