a)
Business Permit: This is issued by the Nigerian Investment Promotion Commission pursuant to section 8(1)(b) of the Immigration Act with the written consent of the Minister of Internal Affairs
(Minister of Interior) to a foreign company intending to do business in Nigeria
by way of Foreign Direct Investment.
b)
Expatriate Quota: This is the official
approval granted to a company (alien company) doing business in Nigeria by the
Ministry of Interior through the Chief Federal Immigration Officer, to enable
it employ individual experts to specifically designated jobs and the quota must
state its duration: section 8(1)(a) of
Immigration Act. It is of two (2) types:
(a)
The PUR (Permanent until
Reviewed)
granted to the Chairman of the Board of Directors or Managing Director; and
(b)
The Temporary which is granted for a
period of five (5) years at first instance, renewable for a further period of two
(2) years.
Please note that it is the
duty of the company to apply for the Quota not that of the employee: Oil Field Supply Centre v. Johnson.
c)
Residence Permit: This is granted to an
alien individual staying in Nigeria beyond 3 months to enable him be a
shareholder or subscriber of a company registered in Nigeria. A similar permit
is a Work Permit. A person with a Residence Permit may be issued a work permit
if the person desires to be an employee. However, a separate application for Work
Permit and Residence Permit is no longer necessary with the introduction of CERPAC (Combined Expatriate Residence Permit and Alien Card) in 2002 which
is compulsory for expatriates staying in Nigeria for more than 56 days with
exception of ECOWAS citizens and accredited diplomats and children below 15
years.
d)
Registration/Approval of the
Securities and Exchange Commission in the case of Foreign Direct Investment and Foreign
Portfolio Investment.
e)
Registration/Approval of the
Nigerian Investment Promotion Commission: By section 20 of the Nigerian Investment Promotion
Commission Act an enterprise in which foreign participation is permitted must
apply for registration with the Nigerian Investment Promotion Commission before
commencing business in Nigeria.
f)
Registration/Approval of National
Office for Technology Acquisition and Promotion: By section 5 of the National Office for Technology Acquisition and
Promotion Act an agreement involving transfer of foreign technology to
Nigerian partners shall be registered with National Office for Technology
Acquisition and Promotion from the date of execution or conclusion of the
agreement. Transfer of technology involves the use of Trade Marks; right to use
patented inventions; supply of technical expertise in the form of preparation
of plans, diagrams, operating manuals or any other form of assistance of any
description whatsoever. It also includes the supply of basic or detailed
engineering technology, supply of machinery and plant and the provision of
operating staff or managerial assistance and training of personnel. Nevertheless,
non-registration does not void the contract, but frustrates transfer of fees
due under the contract to the account of foreigner.
g)
Notice of Intention to
Incur Capital Expenditure: By section
3 of the Industrial Inspectorate Act, any person proposing to start a new
undertaking or in the case of an existing undertaking, to incur additional
capital expenditure of not less than N20,000
naira must give to the Director Industrial Inspectorate Division of the Federal
Ministry of Industry (now Trade & Investment) notice of his intention to
incur capital Expenditure.
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