In order to establish a local office in Qatar, foreign and local companies are required to obtain a commercial registration from the Ministry of Economy and Commerce. Any inquiries regarding the registration process should be directed to the Director of Commercial Affairs at the Ministry of Economy and Commerce.
Commercial registrations are grouped into five categories:
(1) 100 percent foreign investment, (2) joint venture, (3)
representative office, (4) temporary registration or (5) service
agency.
1. 100 Percent Foreign Investment
According to
Law No.13/2000, foreign firms are allowed 100 percent ownership
in agriculture, industry, health, education and tourism sectors,
as well as projects involved in the development and exploitation
of natural resources or energy or mining, pending approval from
the government. The law specifically prohibits foreign
investment in banking, insurance, commercial agencies and
procurement or purchase of real estate. However, Law No.
31/2004 allows foreign investment in the banking and insurance
sectors by firms already active in these sectors upon approval of
the Cabinet of Ministers. Each application is reviewed on a
case-to-case basis and foreign firms already active in these
sectors may be granted any form of registration. Foreign firms
working in sectors not specifically mentioned in these laws may
be granted a 100 percent ownership on a case-by-case basis, upon
approval of the Ministry of Economy and Commerce and or the
Ministry of Energy and Industry. Although there is
paperwork to be filed and registration fees assessed during this
process, this mode of registration offers the opportunity for
foreign companies to operate independently. With the
exception of import licenses, registered foreign firms handle all
administrative and financial transactions independently. This
type of registration is granted after providing a certificate of
deposit from a local bank stating the total capital of the
foreign firm.
2. Joint Venture
According to Law No. 13/2000, foreign firms may enter into joint
ventures with Qatari partners provided the foreign equity does
not exceed 49 percent of the total capital. Joint ventures
are allowed in all sectors of the economy excluding commercial
agencies and real estate. A joint venture in the banking
and insurance sector is possible with an approval form the
cabinet of ministers.
3. Representative Office
In 2003, the Minister of Economy and Commerce announced that
foreign firms may open representational offices without a local
partner. Such offices may not conduct any financial
transactions related to the
company’s commercial activities in Qatar and are therefore not
subject to taxation. However, a representative office can handle
all administrative and financial transactions related to its
representational operations in Qatar. A rep office could be
converted into a joint venture or 100% foreign ownership at a
later date.
4. Temporary Registration
Foreign companies that have contracts with the GOQ may be granted
temporary commercial registration to facilitate their operational
transactions during the execution of their obligations.
This registration does not allow the foreign company to conduct
commercial activity that is not related to the subject of its
registration. Most foreign companies registered under this
category do not need a sponsor or service agent.
5. Service Agents or Sponsorship
This type of
agency consists of appointing a Qatari entity to act as a service
agent for a foreign firm. Specific services would be determined
by the two parties and may include handling administrative and
business matters in Qatar, including immigration procedures,
import licenses, providing introductions to decision-makers, etc.
Although the service agent remains a common business practice in
the region, it is no longer a requirement under Qatari law. U.S.
firms should therefore determine if appointing a service agent is
beneficial in their specific circumstances. This registration is
under review and significant changes are expected to occur in the
near future. According to Law No. 25/2004, the service
agent relationship is considered a form of proxy business. The
competent authorities are preparing the implementing regulations.
Fines and imprisonment penalties are to be inflected to whoever
infringes the dispositions of the law. If foreign companies
choose to have a service agent, U.S. firms are advised to appoint
such agents on a project-to-project basis, since a local agent or
representative may be very well-connected in some sectors or
tenders, but not in others. Charges and honoraria for local
service agents should be negotiated between the two parties from
the very first day of their relationship. However, the standard
service agent charges or honoraria vary from 0 to 10 per cent
depending on the size of the project and the scope of the service
provided by the agent.