foreign ownership

{{Short description|Form of ownership}}

{{use dmy|date=January 2024}}

Foreign ownership refers to the ownership of a portion of a country's assets (businesses, natural resources, property, bonds, equity etc.) by individuals who are not citizens of that country or by companies whose headquarters are not in that country.{{cite book|title=Cambridge Business English Dictionary|date=28 Nov 2011|publisher=Cambridge University Press|isbn=978-0521122504|ref=1}}

Foreign ownership of assets is widespread in a modern, globally integrated economy, at both the corporate and individual levels. An example of the former is when a corporation acquires part, or all, of another company headquartered overseas, or when it purchases property, infrastructure, access rights or other assets in countries abroad.{{cite book|last1=Chau|first1=Esther|last2=Wu|first2=Jayce|title=Economics HL/SL - Study Guide for the IB Diploma|date=2013|publisher=CANA Academy Limited|isbn=978-9881686824|page=166}} If a multinational corporation acquires at least half of a foreign company, the multinational corporation becomes a holding company, and the company receiving the foreign investment becomes a subsidiary.{{cite web|url=http://oxforddictionaries.com/definition/subsidiary?view=uk |archive-url=https://archive.today/20120717033130/http://oxforddictionaries.com/definition/subsidiary?view=uk |url-status=dead |archive-date=17 July 2012 |title=Definition of subsidiary - Oxford Dictionaries (British & World English) |publisher=Oxford Dictionaries |date= |accessdate=2014-10-23}}

At the individual level, foreign ownership occurs whenever a domestic asset is acquired by a foreign individual, such as an Indian businessman buying a house in Hong Kong, or a Russian citizen purchasing United States Treasury bonds.{{cite web|last1=Royse|first1=Roger|title=Foreign Ownership of U.S. Real Estate|url=http://www.rroyselaw.com/featured_articles_foreignownership-roger_article.html|website=rroyselaw.com|publisher=Royse Law Firm|accessdate=2014-10-23}}

Benefits

  • The transfer of technology and organisational knowledge can lead to higher productivity,{{cite web|title=Impacts of Technological Change on Productivity|website=Boundless|publisher=Boundless}} and the company in the host country can learn from multinational corporations.{{cite web|last1=Grimsley|first1=Shawn|title=What Is Foreign Direct Investment? - Definition, Advantages & Disadvantages|url=http://education-portal.com/academy/lesson/what-is-foreign-direct-investment-definition-advantages-disadvantages.html|website=Education Portal|publisher=Education Portal|accessdate=2014-10-23}}
  • It increases employment and wages, as inward foreign direct investment has an overall positive effect in employment, given that companies have more capital to expand.{{cite web|title=Foreign ownership and consequences for British business|url=http://www.esrc.ac.uk/_images/Evidence%20briefing%20-%20foreign%20ownership_tcm8-13313.pdf|website=Economic & Social Research Council|publisher=Economic & Social Research Council|accessdate=2014-10-23|url-status=dead|archiveurl=https://web.archive.org/web/20150213045656/http://www.esrc.ac.uk/_images/Evidence%20briefing%20-%20foreign%20ownership_tcm8-13313.pdf|archivedate=2015-02-13}}
  • It lowers prices and improves the quality of products as a result of higher productivity, which is beneficial for consumers and the company's competitiveness for exports.{{cite book|last1=Blink|first1=Jocelyn|last2=Dorton|first2=Ian|title=IB Economics Course Book 2nd edition: Oxford IB Diploma Programme (International Baccalaureate)|date=2012-09-06|publisher=OUP Oxford|isbn=978-0198390008}}

Drawbacks

  • Foreign ownership can increase the demand of products, leading to price increases.{{cite web|last1=Heakal|first1=Reem|title=Economics Basics: Supply and Demand|url=http://www.investopedia.com/university/economics/economics3.asp|website=Investopedia|publisher=Investopedia US|accessdate=2014-10-23}}
  • The increase in productivity in the firms in foreign ownership can cause other domestic companies to become relatively less competitive, which reduces profits.{{cite book|last1=Chau|first1=Esther|last2=Wu|first2=Jayce|title=Economics HL/SL - Study Guide for the IB Diploma|date=2013|publisher=CANA Academy Limited|isbn=978-9881686824|page=167}}
  • Multinational corporations may use their power to influence government policies, especially in underdeveloped countries, which may have an adverse impact on economic development.{{cite web|title=The Impact of Direct Foreign Investment on Wages and Working Conditions|url= https://www.oecd.org/investment/mne/40848277.pdf|website=OECD|publisher=Organisation for Economic Co-operation and Development|accessdate=28 May 2017}}
  • Lowering of employment because of operational optimization or an increase by a planned expansion can occur. Wages can be reduced for new employees by new corporate policies, and an optimized employee benefits package can reduce benefits for all.
  • The demise of local economies can be caused by siphoning money from communities to global elites.

Policies

= Belarus =

According to the legislation of Belarus, a foreign citizen cannot own land, and only has the right to rent it.{{cite news | url=https://en.lsl.by/how-can-a-foreigner-buy-property-in-belarus/ | title=How can a foreigner buy property in Belarus | newspaper=Legal Office "Leshchynski Smolski" }}{{Cite web|url=https://www.globalpropertyguide.com/Europe/Belarus|title = Property in Belarus | Belarusian Real Estate Investment}}

= Cambodia =

Under Article 44 of the Cambodian Constitution, “only natural persons or legal entities of Khmer nationality shall have the right to land ownership.” Foreigners are prohibited to own or possess land in Cambodia.{{Cite web|url=https://ips-cambodia.com/can-foreigners-own-land-in-cambodia-heres-how/|title = Can Foreigners Own Land in Cambodia? Here's How|date = October 2020}}{{Cite web|url=https://www.juwai.asia/main/news/3030|title = Can foreigners buy real estate in Cambodia? The 4 titles you must know|date = 16 September 2020}}

= China =

Land in China is state-owned or collectively owned. Enterprises, farmers, and householders lease land from the state using long-term leases of 20 to 70 years.{{cite news |author1=Stuart Leavenworth and Kiki Zhao |title=In China, Homeowners Find Themselves in a Land of Doubt |url=https://www.nytimes.com/2016/06/01/business/international/in-china-homeowners-find-themselves-in-a-land-of-doubt.html |access-date=June 1, 2016 |work=The New York Times |date=May 31, 2016 |quote=All land in China is owned by the government, which parcels it out to developers and homeowners through 20- to 70-year leases.}} Foreign investors are not allowed to buy or own land in China.

= Georgia =

Since 2017, a ban on foreigners owning farmland was introduced in Georgia's new constitution. The new constitution states that, with a few exceptions, agricultural land can only be owned by the state, a Georgian citizen, or a Georgian-owned entity.{{Cite news|url=https://www.reuters.com/article/us-georgia-landrights-agriculture-idUSKCN1RT03Y|title = Georgia's ban on foreign landowners leaves farmers in limbo|newspaper = Reuters|date = 17 April 2019}}{{Cite web|url=https://eurasianet.org/georgia-keeping-its-land-off-limits-for-foreigners|title = Georgia Keeping Its Land Off-Limits for Foreigners | Eurasianet}}{{Cite web|url=http://www.fao.org/3/y5026e/y5026e09.htm|title = Land reform - land settlement and cooperatives - Special Edition}}{{Cite web|url=https://oc-media.org/georgia-temporarily-lifts-ban-on-sale-of-agricultural-land-to-foreign-citizens/|title = Georgia temporarily lifts ban on sale of agricultural land to foreign citizens|date = 7 December 2018}}

=Indonesia=

The House of Representatives of Indonesia passed the plantation bill to set stricter rules on foreign ownership in the plantation sector to prioritise smaller local plantation firms. There is no specific percentage value on the limit on foreign ownership, but a 30% foreign ownership ceiling had been demanded by the House's Commission IV.

Plantation business groups as well as the Ministry of Agriculture had previously voiced criticism of the bill, expressing concern that it would negatively impact plantation firms and growers, as foreign investment might be reduced.

Even though the bill was passed to limit foreign ownership, the law encourages cooperation in research and development between domestic and foreign businesses, universities, and individuals.

A reduction in foreign ownership limit may reduce foreign investment, but it can help boost revenue for domestic firms and economic development.{{cite news|last1=The Jarkata Post|title=New plantation law limits foreign ownership|url=http://www.thejakartapost.com/news/2014/09/30/new-plantation-law-limits-foreign-ownership.html|accessdate=2014-10-25|work=The Jakarta Post|publisher=The Jakarta Post|date=2014-09-30}}

Government Regulation No. 14 of 2018 limited foreign ownership in insurance companies to 80%. However, this rule is not applied retroactively for insurance companies with foreign ownership higher than 80% at the time of its implementation date of 20 January 2020.{{cite news |last1=Saleh |first1=Tahir |title=Sah! Asing Boleh Punya Lebih 80% Saham Perusahaan Asuransi RI |url=https://www.cnbcindonesia.com/market/20200127125042-17-132992/sah-asing-boleh-punya-lebih-80-saham-perusahaan-asuransi-ri |access-date=24 February 2022 |work=CNBC Indonesia |date=27 January 2020 |language=id}}

= Iran =

Article 81 of the Constitution places restrictions on the foreign ownership of Iranian businesses.

= Israel =

Approximately 7% of the allocated land in Israel is privately owned. The rest, i.e., 93%, is owned by the State and is known as “Israeli Land”. Israel’s Basic Law on real estate states that Israel’s land is jointly owned by the State (69%), the Development Authority (12%), and the Jewish National Fund (12%).

= Indonesia =

Foreigners are not allowed to own freehold land in Indonesia.{{Cite web|url=https://www.globalpropertyguide.com/Asia/Indonesia/Buying-Guide|title=Buying Property in Indonesia | How to Buy a House in Indonesia|date=19 October 2018}}{{Cite web|url=https://www.balirealty.com/foreign-ownership-of-land-and-property-in-indonesia/|title = Foreign Ownership of Land and Property in Indonesia - BALI REALTY}} Foreign investors can legally hold leasehold titles under Right-To-Use (Hak Pakai) or building rights (Hak Guna Bangunan). This is based on Part 5 Article 36 Paragraph 1b of the Agrarian Law No 5 of 1960.{{Cite web|url=https://baliexception.com/understanding-law-regulations-before-buying-land-properties-in-bali-2023/|title=UNDERSTANDING LAW & REGULATIONS BEFORE BUYING LAND & PROPERTIES IN BALI (2023)|date=8 November 2023}}

= Kazakhstan =

In 2021, President Kassym-Jomart Tokayev signed into law a bill that bans the selling and leasing of agricultural land to foreigners.{{Cite web|url=https://www.rferl.org/a/kazakhstan-ban-on-foreigners-owning-land-becomes-law/31252826.html|title=Kazakh President Signs into Law Long-Debated Bill Banning Land Ownership by Foreigners}}{{Cite web|url=https://thediplomat.com/2021/05/kazakhstan-bans-sale-of-agricultural-lands-to-foreigners/|title = Kazakhstan Bans Sale of Agricultural Lands to Foreigners}}{{Cite news|url=https://www.reuters.com/article/us-kazakhstan-farming-land-ownership-idUSKBN2AP0MU|title = Kazakh president orders ban on foreign ownership of farmland|newspaper = Reuters|date = 25 February 2021}}

= Kuwait =

Foreigners in Kuwait except GCC nationals are prohibited from land ownership.

= Laos =

Foreigners are prohibited from permanent ownership of land. Foreigners can only lease land for a period of up to 30 years.{{Cite web|url=https://www.lexology.com/library/detail.aspx?g=387a95d8-6e8f-46e2-a912-f600227488fe|title = Laos Opens Real Estate Investment Opportunities to Foreigners|date = 15 October 2020}}{{Cite web|url=https://www.investasian.com/2017/08/10/invest-in-laos/|title=Want to Invest in Laos? Here's Why You Shouldn't|date=10 August 2017}}

= Maldives =

Foreigners are not allowed to own freehold land in the Maldives. The land can only be leased to foreigners for 99 years.{{Cite news|url=https://www.reuters.com/article/us-maldives-land-idUSKCN1RU0MZ|title = Maldives parliament repeals law allowing foreign land ownership|newspaper = Reuters|date = 18 April 2019}}{{Cite web|url=https://realty.economictimes.indiatimes.com/news/industry/maldives-parliament-repeals-law-allowing-foreign-land-ownership/68941048|title = Maldives parliament repeals law allowing foreign land ownership - ET RealEstate}}

= Mongolia =

Only Mongolian citizens can own the land within the territory of Mongolia. Foreign citizens can only lease the land.{{Cite web|url=http://www.anallp.com/index.php/index/article/aid/199.html#:~:text=Only%20Mongolian%20citizens%20can%20own,is%200.5%20hectares%20of%20land.|title = Land Law of Mongolia}}{{Cite web|url=https://www.retalkasia.com/news/2017/03/01/buying-property-mongolia/1488333808|title=Buying property in Mongolia|date=March 2017}}{{Cite web|url=https://www.mongolia-properties.com/faqs|title = FAQs|date = 10 October 2015}}

= Myanmar =

Though purchase of land is not permitted to foreigners, a real estate investor may apply for a 70-year leasehold with a Myanmar Investment Commission (MIC) permit.{{Cite web|url=https://www.retalkasia.com/news/2017/03/21/buying-property-myanmar/1490067561|title = Buying property in Myanmar|date = 21 March 2017}}

= Philippines =

{{Further information|Filipino First policy}}

Foreign citizens and companies are prohibited from fully owning land in the Philippines under the 1987 Constitution.{{Cite news|url=https://www.manilastandard.net/opinion/columns/footnotes-by-tranquil-g-s-salvador-iii/350395/can-foreigners-own-land-in-the-philippines-.html|title=Can foreigners own land in the Philippines?|newspaper=Manila Standard}}{{Cite web|url=https://oxfordbusinessgroup.com/overview/real-estate-transaction-rules-look-key-regulations-real-estate-transactions|title = Real estate regulations in the Philippines|date = 7 April 2016}}{{cite news |title=Solon pushes for limited land ownership for foreigners |url=https://www.cnnphilippines.com/news/2021/1/13/Philippine-constitution-foreign-land-ownership.html |archive-url=https://web.archive.org/web/20210113102338/https://cnnphilippines.com/news/2021/1/13/Philippine-constitution-foreign-land-ownership.html |url-status=dead |archive-date=13 January 2021 |access-date=13 January 2024 |work=CNN Philippines |date=13 January 2024 |language=en}}

There is also a 40 percent cap imposed on foreign ownership of companies, with exemptions such as firms engaged in the telecommunications, airlines, shipping, railways and irrigation sectors.{{cite news |title=Philippines to allow full foreign ownership in telecoms, airlines, shipping |url=https://www.reuters.com/world/asia-pacific/philippines-allow-full-foreign-ownership-telecoms-airlines-shipping-2022-03-22/ |access-date=13 January 2024 |agency=Reuters |date=22 March 2022}} An exemption also applies to the renewable energy sector.{{cite news |title=DoE opens RE to full foreign ownership |url=https://www.bworldonline.com/top-stories/2022/11/17/487708/doe-opens-re-to-full-foreign-ownership/ |access-date=13 January 2024 |work=BusinessWorld |date=16 November 2022}}

=Qatar=

As part of financial reforms, Qatar's emir has issued a law, allowing foreign investors to obtain up to 49% of listed Qatari companies for expansion in the stock market and to stimulate development in the financial industry.

Prior to the law, ceilings on listed Qatari firms restricted foreign ownership to 25%.

The reform aims to help attract more foreign investment in the long run. However, according to a wealth manager in the Gulf, "It's a step in the right direction, but it will have to be backed up by good performance from companies in order to attract foreign investment. Also, there should be limited impact from the law in the short term due to liquidity issues and limited numbers of shares available."{{cite news|last1=Bakr|first1=Amena|last2=Torchia|first2=Andrew|title=UPDATE 1-Qatar emir issues law raising foreign ownership limits for stocks|url=https://www.reuters.com/article/qatar-stocks-ownership-idUSL6N0QC2DO20140806|accessdate=2014-10-24|work=Reuters|publisher=Thomson Reuters|date=2014-08-06}}

=Russia=

In 2014, the Russian Duma passed a law reducing the foreign ownership ceiling for print publications and radio and television outlets from 50% to 20%; it was passed with a vote of 430-2. The legislation, which came into force in 2016, forbids foreign governments, organisations, companies, and individuals from founding or holding more than a 20% stake in Russian media businesses.

According to Vadim Dengin, one of the bill's authors, "the tighter limit on foreign ownership would help protect Russia from western influence."{{cite news|last1=Luhn|first1=Alec|title=Russia tightens limit on foreign ownership of media|url=https://www.theguardian.com/world/2014/sep/26/russia-limit-foreign-ownership-media|accessdate=2014-10-25|work=The Guardian|publisher=Guardian News and Media Limited|date=2014-09-26}} However, publishers and editors of independent media companies in Russia argued that the new law would further reduce diversity of opinion.

= Sri Lanka =

In 2014, the Sri Lankan parliament passed a law banning land purchases by foreigners. The new act allows foreigners to acquire land only on a lease basis of up to 99 years, with an annual 15 percent tax on the total rental paid upfront.{{Cite news|date=2014-10-21|title=Sri Lanka enacts ban on foreigners buying land|language=en|work=Reuters|url=https://www.reuters.com/article/sri-lanka-land-foreigners-idUSL3N0SG5NB20141021|access-date=2022-02-16}}{{Cite web|title=Sri Lanka passes law banning sale of land to foreign citizens {{!}} Tamil Guardian|url=https://www.tamilguardian.com/content/sri-lanka-passes-law-banning-sale-land-foreign-citizens|access-date=2022-02-16|website=www.tamilguardian.com}}{{Cite web|title=Citizen or Not: The Process and Concerns of Buying Property in Sri Lanka as an Expat|url=https://ceylontoday.lk/news/citizen-or-not-the-process-and-concerns-of-buying-property-in-sri-lanka-as-an-expat|access-date=2022-02-16|website=CeylonToday|language=en|archive-date=2022-02-16|archive-url=https://web.archive.org/web/20220216094705/https://ceylontoday.lk/news/citizen-or-not-the-process-and-concerns-of-buying-property-in-sri-lanka-as-an-expat|url-status=dead}}{{Cite web|title=A guide for foreigners wanting to buy real estate in Sri Lanka|url=https://www.thenewsrilankanhouse.com/foreigners-buying-guide|access-date=2022-02-16|website=The New Sri Lankan House|language=en-US|archive-date=3 January 2023|archive-url=https://web.archive.org/web/20230103111008/https://www.thenewsrilankanhouse.com/foreigners-buying-guide|url-status=dead}}

= Thailand =

In Thailand, foreigners are prohibited to own or possess land.{{Cite web|url=https://www.thailandlawonline.com/thai-real-estate-law/ownership-and-buying-real-estate-in-thailand|title=Thai real estate laws for foreigners}}

= Vietnam =

Foreigners cannot buy and own land, like in many other Southeast Asian countries. Instead, the land is collectively owned by all Vietnamese people, but governed by the state. As written in the national Land Law, foreigners and foreign organizations are allowed to lease land. The leasehold period is up to 50 years.{{Cite web|url=https://vietnaminsider.vn/can-foreigner-buy-property-in-vietnam/|title = Can foreigner buy property in Vietnam?|date = 12 September 2019}}{{Cite web|url=https://www.asiapropertyhq.com/buy-property-vietnam/|title = How to Buy Property in Vietnam: The Ultimate Guide|date = 30 January 2019}}

See also

References

{{Reflist|2}}

{{DEFAULTSORT:Foreign Ownership}}

Category:Foreign direct investment

Category:Business ownership