Procedure of Applying for Licence

Strategic projects specified

4. For the purposes of section 9 , of the Act, the projects specified in Schedule I, hereto, shall be strategic projects.

Least developed areas

5.(1) The Council of Ministers, upon the recommendation of the Minister, may specify the least developed areas.

(2) Without prejudice, to the provisions of sub-regulation (1), the following areas shall be deemed from least developed areas :-

(a) such areas, as in which the infra-structure, and the basic development constituents may not be available;

(b) such areas, as may not have existing investment projects;

(c) border areas;

(d) such areas, as the establishment of investment projects in which may lead to the achievement of the balanced rural development.

Licensing applications presented

6.(1) The applications, pertaining to licensing the establishment of a new project, in accordance with the provisions of the law, shall be presented, to the Ministry, or the State Ministry, in Form No.(2), hereto ; provided that the technical and economic feasibility study shall be attached.

(2) The Ministry, or the State Ministry shall examine the presented application, and verify that it satisfies the basic information, and the things attached thereto, mentioned in sub-regulation (1), and submit the same satisfied, to the Minister, or State Minister, as the case may be, to issue the approval, within one week, of the date of the issue thereof; and in case of rejection, the decision shall be grounded.

Preliminary approval

7. The Minister, or the State Minister, may grant the applicant, for any investment project, a preliminary approval, in the form No.(3), hereto, upon the recommendation of the Competent Ministry, and a primary study of the project including the security and safety measures of the project; provided that the project, or activity shall be among the investment projects, set out in the Act; and the period of validity of such approval shall be three months, unless renewed by the Minister , or State Minister, for another period, not exceeding one month, for substantive reasons .

Grievance

8. An applicant, in case of non-determination of his application, in accordance with what is provided for in section 22(5), of the Act, may present a grievance to the Federal, or State Council of Ministers, who shall determine the grievance, within one mouth, of the date of receipt of the satisfied application.

Duties of an investor towards the

licensing application

9.(1) In case of notifying the applicant of the preliminary approval, he shall register a business name, in accordance with the provisions of the Business Names (Registration) Act, 1931, or any law as may substitute the same. Where the applicant is a branch of a foreign company, he shall register the branch of the company, in the Sudan, in accordance with the laws organizing the same; on condition that the certificate evidencing the registration of the business name, or branch of the foreign company, shall be presented , within a maximum period of two months, of the date of his obtaining the preliminary approval .

(2) Notwithstanding the provisions of sub-regulation (1), the Minister may extend the period of presenting the certificate , for a period, not exceeding one month, of the date of the first period.

Grant of licence

(10) Grant of licence for a new project including privileges shall be as shown in form (4) appended to the regulations.

 

 

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