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An investment

guide to Bhutan
Opportunities and Conditions 2013
UNCTAD
The United Nations Conference on Trade and Development (UNCTAD) was established in 1964
as a permanent intergovernmental body. Its main goals are to maximize the trade, investment
and development opportunities of developing countries, to help them face challenges arising from
globalization, and to help them integrate into the world economy on an equitable basis. UNCTADs
membership comprises 193 States. Its secretariat is located in Geneva, Switzerland, and forms
part of the United Nations Secretariat.

ICC
The International Chamber of Commerce (ICC) is the world business organization. It is the only
body that speaks with authority on behalf of enterprises from all sectors in every part of the world,
grouping together thousands of members, companies and associations from 130 countries. ICC
promotes an open international trade and investment system and the market economy in the
context of sustainable growth and development. It makes rules that govern the conduct of business
across borders. Within a year of the creation of the United Nations it was granted consultative
status at the highest level (category A) with the United Nations Economic and Social Council. This
is now known as General Category consultative status.

Notes
The term country as used in this study also refers, as appropriate, to territories or areas; the
designations employed and the presentation of the material do not imply the expression of any
opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status
of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers
or boundaries. In addition, the designations of country groups are intended solely for statistical or
analytical convenience and do not necessarily express a judgment about the stage of development
reached by a particular country or area in the development process.

References to tons are to metric tons.

While every reasonable effort has been made to ensure that the information provided in this
publication is accurate, no business or other decision should be made by the reader on the basis
of this information alone, without a further independent check. Neither UNCTAD nor ICC accepts
any responsibility for any such decision or its consequences.

This document has not been formerly edited.

UNCTAD/DIAE/ITI/2013/1
Copyright United Nations, 2013.

ii I An investment guide to bhutan Opportunities and Conditions 2013


Why invest in Bhutan

Investment opportunities in high-end ecotourism, information and communication technologies


(ICTs), infrastructure, education, power generation, as well as organic farming and agricultural
processing.

Opportunities for publicprivate partnerships in higher education, infrastructure, property


development, hotels and ICTs.

Provision of industrial infrastructure in special economic zones.

Free trade agreement with India, providing access to the US$1.7 trillion Indian market, and
member of the South Asia Free-trade Agreement.

An investment guide to bhutan Opportunities and Conditions 2013 I iii


Acknowledgements
A great many individuals and institutions have contributed to this project and to the production of
this guide. These include a large number of government officials and company executives who
participated in the consultations in Bhutan.

Note to the reader


This document is published as part of the UNCTADICC series of investment guides. The
publications in this series are intended for the use of foreign investors who are largely unfamiliar
with the countries covered.

They are thus designed to offer overviews of potential locations for investment, rather than constitute
exhaustive works of reference or provide detailed practical instruction. They do, however, offer
pointers to sources of further information in the private as well as the public sectors.

There are two other features of these publications that the reader will find worth noting. One is that
they are third-party documents, intended to offer a balanced and objective account of investment
conditions. Their principal advantage in drawing the attention of investors to the countries they
cover is credibility. The other feature is that both their general structure and some of their specific
content are the result of consultations with the private sector.

About the what investors


say boxes
In producing this guide, UNCTAD carried out a large number of individual meetings with investors,
firm managers and business association representatives. The results of these consultations are
summarized throughout the guide in the what investors say boxes, whose content should be
seen as no more than indicative of private-sector opinion in Bhutan.

iv I An investment guide to bhutan Opportunities and Conditions 2013


Preface
Foreign direct investment has come to be widely recognized over the past decade as an important
contributor to growth and development. It can bring capital, technology, management know-how
and access to new markets.

The Investment Guide to Bhutan is the concrete product of a collaborative venture by the United
Nations Conference on Trade and Development (UNCTAD) and the International Chamber of
Commerce (ICC). The objective of this project is to bring together two parties with complementary
interests: companies that seek new opportunities and countries that seek new investors. This is
not always a straightforward exercise, for firms are driven by their global strategies as much as
lured by specific opportunities, and countries have economic and social objectives that transcend
attracting foreign investment.

The UNCTADICC investment guides are thus properly seen as parts of a process, a long-term
process at the heart of which is an ongoing dialogue between investors and governments. The
guides themselves are the product of a dialogue, including that occurring among and between the
representatives of business and government during the workshops that precede the completion
of the guides. It is our hope that the guides will in turn contribute to the dialogue, helping to
strengthen and sustain it. We are convinced that in the long run it is this alone that will create
conditions increasingly conducive to greater flows of investment.

Supachai Panitchpakdi Jean-Guy Carrier


Secretary-General Secretary-General
UNCTAD ICC

An investment guide to bhutan Opportunities and Conditions 2013 Iv


The UNCTADICC series
of investment guides
An Investment Guide to Ethiopia, 1999; new edition in new format, 2004
Guide de linvestissement au Mali, 2000; new edition in new format, 2004;
revised edition translated into English, 2006
An Investment Guide to Bangladesh, 2000
An Investment Guide to Uganda, 2001; new edition, 2004
An Investment Guide to Mozambique, 2001
An Investment Guide to Nepal, 2003
An Investment Guide to Cambodia, 2003
Guide de linvestissement en Mauritanie, 2004
An Investment Guide to East Africa, 2005
An Investment Guide to Kenya, 2005; new edition, 2012
An Investment Guide to Tanzania, 2005
An Investment Guide to Rwanda, 2006; reprinted, 2008; new edition, 2012
An Investment Guide to Uzbekistan, 2007; revised edition, 2009
An Investment Guide to the Silk Road, 2009
Guide de linvestissement au Bnin, 2010
An Investment Guide to the Lao Peoples Democratic Republic, 2010
Guide de linvestissement au Maroc, 2010
Guide de linvestissement aux Comores, 2011
An Investment Guide to Zambia, 2011
Guide de linvestissement dans la rgion de lOriental du Maroc, 2011
Guide de linvestissement au Burkina Faso, 2012

Download all guides and find more information online at


www.theiguides.org

New iGuides
Rwanda: www.theiguides.org/rwanda
Burundi: www.theiguides.org/burundi

vi I An investment guide to bhutan Opportunities and Conditions 2013


Abbreviations
A
ACC Anti-corruption Commission
ASEAN Association of Southeast Asian Nations
B
BCCI Bhutan Chamber of Commerce and Industry
BEA Bhutan Electricity Authority
BIMSTEC Bay of Bengal Initiative for Multi-sectoral Technical and Economic Cooperation
BIS Bureau of Indian Standards
BPC Bhutan Power Corporation
C
CIC community information centre
CIT corporate income tax
D
DGPC Druk Green Power Corporation
DHI Druk Holding and Investments
DHPS Department of Hydropower and Power Systems
DoI Department of Industry
DoT Department of Trade
DPR Detailed Project Report
DRE Department of Renewable Energy
DPT Druk Phuensum Tshogpa (Peace and Prosperity Party)
E
EBA Everything But Arms Initiative
ESCAP United Nations Economic and Social Commission for Asia and the Pacific
F
FDI foreign direct investment
FDIRC FDI Registration Certificate
FYP Five Year Plan
G
G2C Government-to-Citizen
GDP gross domestic product
GNH Gross National Happiness
GSP Generalized System of Preferences
I
IBRD International Bank for Reconstruction and Development
ICAO International Civil Aviation Organization
ICC International Chamber of Commerce
ICSID International Centre for Settlement of Investment Disputes
ICT information and communications technology
IDA International Development Association
IFAD International Fund for Agricultural Development
IMF International Monetary Fund
IT information technology
ITES information technology-enabled services
ITU International Telecommunication Union

An investment guide to bhutan Opportunities and Conditions 2013 I vii


L
LDC least developed country
M
MDGs Millennium Development Goals
MFN Most-favoured nation
MoEA Ministry of Economic Affairs
MoLHR Ministry of Labour and Human Resources
MW megawatt
N
NEC National Environment Commission
NLC National Land Commission
NPL ratio non-performing loans to total loans ratio
P
PDP Peoples Democratic Party
PPP publicprivate partnership
PUP Peoples United Party
R
RICB Royal Insurance Corporation of Bhutan
RMA Royal Monetary Authority
RRCO Regional Revenue and Customs Office
RSEB Royal Securities Exchange of Bhutan
RUB Royal University of Bhutan
S
SAARC South Asian Association for Regional Cooperation
SACEP South Asia Cooperative Environment Programme
SAFTA South Asian Free-trade Area
SAPTA South Asian Preferential Trade Agreement
SEZ special economic zone
SME small and medium-sized enterprise
SOE State-owned enterprise
T
TCB Tourism Council of Bhutan
TNC transnational corporation
TRAINS Trade Analysis and Information System
U
UNCTAD United Nations Conference on Trade and Development
UNDP United Nations Development Programme
UNESCO United Nations Educational, Scientific and Cultural Organization
UNIDO United Nations Industrial Development Organization
UNWTO World Tourism Organization
UPU Universal Postal Union
W
WCO World Customs Organization
WHO World Health Organization
WMO World Meteorological Organization
WTO World Trade Organization

viii I An investment guide to bhutan Opportunities and Conditions 2013


Table of Contents

Acknowledgements iv
Note to the reader iv
Preface v
The UNCTADICC series of investment guides vi
Abbreviations vii

I. INTRODUCING BHUTAN 1
Bhutan at a glance 3
Country and people 4
History and government 5
Market size and access 6
Government policy priorities 8
Privatization and publicprivate partnerships 9

II. THE OPERATING ENVIRONMENT 11


Economic environment 11
Trade and investment 12
International trade 12
Foreign direct investment 14
Infrastructure and utilities 16
Information and communications technology 16
Energy 17
Transport 17
Health services 20
Education 21
Labour 22
The financial sector 23
The private sector 23

III. THE REGULATORY ENVIRONMENT 25


Institutional and regulatory framework 25
Entry and exit 26
FDI business registration and licensing process 26
Employment permits and expatriate employment 27
Land acquisition 28
Construction permits 28
Trade licensing and customs clearance 29
Exit 30
Rights of investors 31
Equal treatment and protection of property 31
Intellectual property rights protection 31
Dispute resolution 31
Repatriation of dividends and capital 31
Competition policy 32
Tax system 33
Double taxation agreements 34
Incentives for investors 34
Fiscal incentives 34
Non-fiscal incentives 35

An investment guide to bhutan Opportunities and Conditions 2013 I ix


IV. AREAS OF OPPORTUNITY 37
Tourism 37
Power generation 42
Infrastructure 43
Agriculture and related industries 44
Information and communications technology 46
Education 47
Government priority sectors 48

Appendices 49
Appendix 1. Priority sectors, restrictions and prohibitions 49
Appendix 2. List of approved FDI projects in Bhutan 52
Appendix 3. Sources of further information 55
Appendix 4. Business hours 57
Appendix 5. Major laws and regulations affecting foreign investment 57

Bibliography 59
Government of Bhutan 59
Third-party sources 59

Photo credits 60

Artist at the National Institute for Traditional Arts and Crafts, Thimphu, Bhutan.

xI An investment guide to bhutan Opportunities and Conditions 2013


What investors say about Bhutan

Repair shop for IT hardware, Thimphu, Bhutan.

Overall, private-sector representatives interviewed by UNCTAD are positive about the


business environment in Bhutan. Most importantly, managers and investors consistently
cited the Governments open, flexible, and forthcoming approach throughout all phases
of the business establishment process and day-to-day operation. Bhutan is a virgin land
in terms of FDI and it was often emphasized that the authorities are working proactively
with potential investors to overcome hurdles that might result from the young regulatory
framework. The interviewees emphasized the Governments readiness to entertain
innovative ideas that are in line with the countrys development philosophy, giving investors
the chance to define and shape entire sectors with numerous opportunities for investment.
In this context, many also cited the Governments capacity and effectiveness, although
some processes are still perceived as overly complex, time consuming, or unclear. While
the regulatory flexibility was generally appreciated, some interview partners emphasized
that the Governments FDI strategy should be more strongly rules based. In addition to the
investment-friendly Government, private-sector representatives consistently cited the high
political stability and absence of crime as significant advantages for investing in Bhutan.

Interviewees also cited the young but rapidly developing private sector as a driver for policy
change and improved availability of productive resources. Beyond Bhutans domestic
market, investors emphasized the paramount importance of India as trade partner, market,
and abundant source of skilled and unskilled labour. For both Bhutan and its southern
neighbour, private-sector representatives were very optimistic about the stable and reliable
growth prospects over the medium and longer term. At the same time, there appears to
be significant potential for deeper regional integration, not least due to remaining tariff and
non-tariff barriers as well as behind-the-border constraints.

While reports about the core areas of the investment climate paint a very favourable picture,
remaining challenges were cited in the areas of transport infrastructure, human resources,
access to finance, and administrative efficiency.
Source: UNCTAD.

An investment guide to bhutan Opportunities and Conditions 2013 I xi


Buddha statue, Thimphu, Bhutan.
Introducing Bhutan
Bhutan at a glance

Formal name Kingdom of Bhutan

Political system Constitutional monarchy

Head of State King Jigme Khesar Namgyel Wangchuck (crowned on 6 November, 2008)

Prime Minister Tshering Topgay (elected July 2013 in the country's second democratic election)

Legislature Bicameral parliament: National Council (upper house) with 25 non-partisan seats; 20 members
elected by each of the 20 electoral districts (dzongkhags) for five-year terms and 5 members
nominated by the King.
National Assembly (lower house) with 47 seats; all members elected by direct popular vote for
five-year terms.

Borders Landlocked between China (470 kilometre border) and India (605 kilometre border)

Surface Area 38,394 square kilometres

Population 738,000 with an estimated growth rate of 1.71% in 2011 (estimates, based on 2005 census)
Urban population share: 33.9%
Population aged 014 years (% of total): 29.4%
Population aged 1564 years (% of total) 65.8%
Population aged 65+ years (% of total): 4.8%
Old age dependency ratio: 7.26% of working population
Life expectancy at birth: 63 years
Median age: 24 years

Density 19.2 people per square kilometres

Country code BT

Languages Dzongkha (official). English is widely spoken, especially in urban areas, and used as language
of instruction in schools

Climate Varies regionally; hot subtropical, humid climate in southern plains; temperate and drier in
central valleys; seasonal monsoon in western region; alpine conditions with severe winters and
cool summers in Himalayas

Religion 75% Mahayana Buddhist; 25% Hinduism

Time Zone UTC +6

Administration 20 districts (Dzongkhags): Bumthang, Chukha, Dagana, Gasa, Haa, Lhuntse, Mongar, Paro,
Pema Gatshel, Punakha, Samdrup Jongkhar, Samtse, Sarpang, Thimphu, Trashi gang, Trashi
Yangste, Trongsa, Tsirang, Wangdue Phodrang, Zhemgang; some districts have subdistricts

Currency Bhutanese ngultrum = 100 chhetrum


Pegged at par with Indian rupee, which is also widely accepted

GDP US$1.65 billion at current prices (2011)

GDP per capita US$2,234 at current prices (2011)

Human Development Index Ranked 141 out of 187, Index 0.522, medium high (2011)

Source: UNCTAD secretariat, based on UNCTADStat, United Nations Development Programme (UNDP), World Bank.

An investment guide to Bhutan Introducing bhutan I1


Map of bhutan

2I An investment guide to bhutan Opportunities and Conditions 2013


Country and people through the numerous valleys and make
water an abundant resource. The pristine
The Kingdom of Bhutan, called Drukyul or The landscape is a natural attraction in itself and the
Land of the Thunder Dragon in the national countrys topography has a vast potential for
language, is a small Southern Asian country hydroelectric power generation. Ecologically,
of about 738 thousand people. Landlocked the country can be divided into different zones
between China and India, the country covers with distinct climates: While the southern plains
38,394 square kilometres. are hot subtropical and humid with seasonal
monsoon in the south-west, the central valleys
Bhutan is a forested, rugged and mountainous are more temperate and drier. The Himalayan
country with the Himalayas in the north and region to the north, rising up to about
smaller foothills in the southern border region. 7500 metres, is dominated by alpine conditions
Several swift rivers, largely unnavigable, cut with severe winters and cool summers.

An investment guide to Bhutan Introducing bhutan I3


The population, approximately a third of which introducing a hereditary monarchy as form of
lives in the few urban areas, is made up of four State. The country remained largely isolated
broad ethnic groups, although their division from the outside world and only cautiously
is becoming more and more blurred. The started to open up in the 1960s. The Indian
Ngalop are of Tibetan origin and live mostly Government began to provide funding and
in the western and northern districts while the technical assistance to Bhutan. In this way,
Sharchop are of Assamese/Burmese origin the southern neighbour helped to develop
and comprise the biggest ethnic group of the large infrastructural programmes such as
country. Aboriginal and indigenous tribal groups one to promote all-weather roads, as well as
constitute a third group. They mostly embrace basic government entities such as the health
the Hindu system. There is also a sizable group of and educational institutions. Although India
ethnic Nepalese (Lhotshampas), which mostly continues to be the largest single provider of
live in the southern lowlands. The majority of development aid Bhutan also receives aid
the population (75 per cent) are adherents to through multilateral and bilateral development
Mahayana Buddhism, which is also the State partners. Bhutan expanded its diplomatic
religion. The Bhutanese Buddhism is closely efforts and joined the United Nations in 1971,
related to Tibetan Buddhism and Bhutan is the International Monetary Fund (IMF) and
scattered with monasteries, convents and the World Bank in 1981, and the South Asian
religious structures. Bhutans society is strongly Association for Regional Cooperation (SAARC)
rooted in its traditions. One of the Kings in 1985.
central endeavours is the protection of cultural
Over the last decades the Government has
traditions and religious values.
embarked on far-reaching economic and
political reforms (see box 1). Based on a
newly drafted constitution, Bhutan held the
History and government first democratic election in 2008 and thereby
completed the transformation from absolute
Pre-modern Bhutan was politically consolidated to constitutional monarchy. The countrys
in the seventeenth century with the emergence development strategy is based on what the
of a theocratic government built on the Government calls Gross National Happiness
social and spiritual structures of Buddhism. (GNH) a unique holistic concept combining
Following internal conflicts and frictions along material well-being with an individuals spiritual,
the countrys south-western border, Ugyen emotional, and cultural well-being. Guided by
Wangchuck reunified the country and was this concept, the Government formalized a
chosen to be Bhutans first King in 1907, new economic policy in 2010 and continues

What investors say: quality of life


The quality of living for expatriate workers was described as high in the capital Thimphu.
Workers have access to high quality accommodation and a variety of leisure activities such
as golf. The pristine nature allows for a variety of outdoor recreational activities. Private-
sector representatives generally felt very positive about Bhutans peaceful and stress-free
environment. In Bhutans more remote areas, life conditions were described as relatively
challenging due to the lack of physical infrastructure. Our interview partners appreciated the
high level of public safety and very low crime rates throughout the country. They perceived
Bhutan as a very secure and trustworthy environment, both in the private as well as the
professional sphere.
Source: UNCTAD.

4I An investment guide to bhutan Opportunities and Conditions 2013


to transform and diversify the traditional democracy, political reform is still ongoing. The
economy, which has historically largely been Government is continuing its efforts to foster
based on subsistence agriculture and animal a culture of democracy, build institutions, and
husbandry. After the successful transition to improve governance structures.

Box 1. Transition from absolute to constitutional monarchy democratic reforms in Bhutan


For over a century, Bhutan was an absolute monarchy ruled by the Wangchuck Dynasty. Over the last decade the fourth King,
Jigme Singye Wangchuck, and his heir, the current King Jigme Khesar Namgyel Wangchuck, led the country into its gradual
transition to democracy.

Early 2007, in a move to familiarize Bhutans population with a more participatory political system, the King ordered a mock
election to be held in which citizens could choose between four hypothetical parties running on fictional platforms. Shortly
thereafter, real political parties were legalized and started registering for the 20072008 parliamentary elections.

In December 2007, Bhutans citizens directly elected 20 candidates for the parliaments non-partisan 25-seat upper house,
the National Council. The remaining 5 seats were filled by nominations of the King. Subsequently, in March 2008, 79.4 per
cent of registered voters elected representatives from two registered parties, the Bhutan Peace and Prosperity Party (DPT) and
the Peoples Democratic Party (PDP), to the parliaments new 47-seat lower house, the National Assembly. Bhutan's second
parliamentary elections were held five years later in July 2013. The King is the head of State. At the same time, the parliament
can impeach the King by a two-thirds majority. In July 2008 the new parliament adopted the countrys first constitution.

While Bhutan's elections have been described as free, fair, and very well organized by international observers, the country is still
struggling to foster a political culture, including a competitive political opposition. The monarchy remains extremely popular with
the public. The country held its first local-government elections in late June 2011.

While transparency of the political process is still limited in some areas of the Government, corruption and graft remains very low.
Transparency International ranks it as the 36th best of 178 countries globally in terms of perceived corruption.

Sources: Freedom House, Election Commission of Bhutan, Kuensel Newspaper, Economist Intelligence Unit, Transparency International.

Box 2. Gross National Happiness and the GNH Index


The all-encompassing guiding principle for policy formulation and the basis for the Governments long-term development strategy
is the aim of maximizing GNH. The spirit and intent of this concept as articulated in the Bhutan Vision 2020 is to maximize the
happiness of all Bhutanese and to enable them to achieve their full and innate potential as human beings. Bhutans current
development strategy summarizes that GNH does not in any way exclude or deny the importance of economic growth but
strongly advocates achieving a harmonious balance between the material and non-material dimensions of development.

Propounded as an alternative development model based on Buddhist spiritual values by the fourth King Jigme Singye Wangchuck
at the beginning of his reign in 1972, GNH has also been enshrined in the countrys constitution as unifying principle of policy
design.

Bhutans current development strategy translates this holistic, multidimensional concept into four pillars: sustainable and equitable
socioeconomic development, environmental conservation, preservation and promotion of culture, and good governance. In an
attempt to operationalize the concept and quantitatively measure development progress to this end, the Government developed
a composite GNH Index. It is based on 33 measurable indicators grouped under nine principal domains: (1) living standard, (2)
education, (3) health, (4) ecological diversity and resilience, (5) good governance, (6) community vitality, (7) cultural diversity and
resilience, (8) psychological well-being, and (9) time use and balance.

Bhutans unique approach of using happiness as a strategic framework for development has generated considerable international
attention in recent years. Governments in an increasing number of advanced economies are starting to measure national well-
being in an attempt to move beyond conventional economic indicators. In late 2010, the United Kingdom of Great Britain and
Northern Ireland was among the first to introduce such measures.

Sources: Government of Bhutan, Gross National Happiness Commission.

An investment guide to Bhutan Introducing bhutan I5


1 I Agreement on Trade,
Commerce and Transit Market size and access scheme, Bhutanese firms can apply for the
well-established Standard Mark and use it for
between the Government
of the Republic of
With a population of about 738 thousand exports to India, hence improving credibility
India and the Royal with Indian consumers.
Government of Bhutan people, Bhutan itself has a small domestic
of 2006. market (see table 1 for a regional economic The Government has also undertaken efforts
overview). Nonetheless, there are varied to conclude free-trade agreements with
opportunities for small and medium-sized other countries. Thus, in March 2010, the
investors as well as larger transnational Governments of Bhutan and Nepal resumed
corporations (TNCs), such as in the tourism talks about a preferential trade agreement,
sector and related up- and downstream based on a draft exchanged a few years
services. Construction is booming due to rapid ago. Most recently, in May 2011, the two
urbanization, particularly around Thimphu, as Governments intensified talks about a draft
well as due to hydropower projects, which protocol, establishing preliminary lists of
are the most important driver of economic products and agreeing on rules of origin.
growth. Publicprivate partnerships (PPPs)
are encouraged for infrastructure projects. Trade with Bangladesh is conducted within
Domestic consumption is largely dependent on the framework of a bilateral trade agreement
imports, potentially opening up opportunities in originally signed in 1980. In 2009, the agreement
import substitution. was renewed and its scope expanded to a
new trade route in eastern Bhutan and the
However, contrasting with the small size of the number of commodities which receive duty-
domestic market, in terms of population and free treatment in both countries.
purchasing power, is the free-trade agreement
between Bhutan and India, which provides In addition to bilateral arrangements, Bhutan
investors in Bhutan automatic access to one has been a member of the South Asian
of the largest and most dynamic markets in Association for Regional Cooperation (SAARC)
the world.1 Under this agreement, trade with since 1985. In 2004, the SAARC member
India is duty free and transacted in Bhutanese States signed a framework agreement on the
ngultrum and Indian rupees. The agreement South Asian Free-trade Area (SAFTA) under
also regulates transit rights through India for which most products should be traded with
trade with third countries. Bhutan has also zero customs duties by the end of 2016 (also
signed an agreement with the Bureau of see box 3). This would enable duty-free access
Indian Standards (BIS) that extends the BIS to a market of more than 1.65 billion people
certification scheme to Bhutan. Through the and could establish Bhutan as a business

Table 1. The South Asian Market


Comparative Economic Indicators
Bhutan has the second highest GDP per capita in the region
GDPa) GDP per capitaa) Avg. GDP growthb)
Economy billion US$ 2011 US$ 2011 annual 2001-2011
Sri Lanka 59,16 2810,83 6,18%
Bhutan 1,65 2233,84 7,90%
India 1944,07 1565,91 7,83%
Pakistan 209,32 1184,27 4,72%
Bangladesh 107,48 714,18 5,94%
Nepal 18,16 595,82 3,79%
Southern Asia d)
2339,83 1443,45 7,35%
Source: UNCTAD, based on UN DESA Statistics Division.
a) at current prices
b) based on constant 1990 US$
d) Developing economies in Southern Asia, excl. Afghanistan, Iran, Maldives

6I An investment guide to bhutan Opportunities and Conditions 2013


Commercial building in the centre of Thimphu, Bhutan.

hub in one of the worlds economically most through the Generalized System of Preferences
dynamic regions. The member countries also (GSP) and the European Unions Everything
aim for reciprocal double taxation avoidance But Arms Initiative (EBA), which guarantees
agreements. duty-free trade of a vast variety of products.

Bhutan has also joined the Bay of Bengal Bhutan submitted its application for accession
Initiative for Multi-sectoral Technical and to the World Trade Organization (WTO) in
Economic Cooperation (BIMSTEC). The 1999. A Working Party Report was circulated
Initiative sees itself as a link between SAARC in December 2007. However, the process is
in the West and the Association of Southeast currently dormant. Access barriers, particularly
Asian Nations (ASEAN) in the East. In 2004, to developed markets, are primarily of non-tariff
the members agreed on a Free-trade Area nature and linked to logistical constraints.
Framework and set up a Trade Negotiating
Being landlocked, most merchandise exports
Committee and working groups to help
and imports are transported by road through
negotiate the agreement. The free-trade area is
the Indian port of Kolkata. There are several
expected to come into effect by 2017.
border control and customs points for goods
Thus, potential investors should take into between India and Bhutan, the biggest of which
account these nearby market opportunities, is the southern industrial hub of Phuentsholing.
which are accessible through preferential trade Other bilateral customs points are Samtse,
arrangements, when considering locational Gelephu, and Samdrup Jongkhar. In January
aspects of investments in Bhutan, 2005, Bhutan signed a memorandum of
understanding for the establishment of railway
As regards market access to major developed links to the five border town in Bhutan from the
markets, Bhutan as a least developed country nearest corresponding railheads in India that
(LDC) enjoys preferential treatment for a large would ultimately enable access to the Indian
number of agricultural and industrial products rail network. In addition, the 20072027 Road

An investment guide to Bhutan Introducing bhutan I7


2 I See www.gnhc.gov.bt.
Box 3. SAARC and SAFTA
SAARC was established by Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan, and Sri Lanka in December 1985 to
promote economic, social and technical cooperation and development in the region.

An important component under the associations goal to strengthen collective economic self-reliance is SAFTA. It builds on the
South Asian Preferential Trade Agreement (SAPTA), which became operational in 1995 and constituted the regions first step of
institutionalized economic cooperation. In 1996, SAARC member countries took their efforts a step further and decided to start
negotiating the SAFTA. A Framework Treaty on SAFTA was adopted in January 2004 and most negotiations in the areas of tariff
liberalization, rules of origin, and sensitive lists were completed by 2006. Implementation started the same year. The framework
agreement envisages SAFTA to be fully effective for LDC member States such as Bhutan by 2016 (2013 for non-LDCs). In its
current form, the agreement is confined to trade in goods but efforts are ongoing to incorporate trade in services and investment.

Beyond the Free Trade Agreement, SAARC membership improves Bhutans say in regional affairs and makes it a respected
partner in a region that is strongly dominated by the economic power of India. For the first time, the annual SAARC summit was
hosted by Bhutan in 2010 from 28 to 29 April. Among other cooperation efforts, member States signed an agreement to further
the inclusion of services in SAFTA. Another central theme of the summit was regional cooperation in the area of climate change.

Sources: UNCTAD secretariat, SAARC secretariat, World Bank.

Sector Master Plan provides for the upgrading Diversification of the economic base;
of the domestic road network. 
Harnessing and adding value to natural
resources in a sustainable manner;
Increasing and diversifying exports;
Government policy priorities Promoting Bhutan as a global brand;

The long-term vision of Bhutans Government Promoting industries that form the basis for
is articulated in the Vision 2020 plan. Rooted Bhutans brand image;
in the principles and values embodied in the Reducing dependency on fossil fuel especially
concept of GNH (See box 2), it draws the picture in respect to transportation.
of a democratic, internationally recognized,
and socially equitable society. It envisages that The EDP defines areas of economic opportunity
hydropower receipts will be used to develop a with incentives for each sector (see chapter III).
high degree of economic self-reliance, finance It introduces a variety of policy and regulatory
rising social-sector investments, meet the reforms such as a new land use policy and a
growing physical infrastructure development new project approval framework (also see box
requirements, and continue to diversify the 4). Based on the GNH philosophy, the guiding
countrys economy. principle for economic development can be
described as high value, low impact.
Building on this, the Governments medium-
term policy priorities are defined in the national Building on the EDP, the new Foreign Direct
eleventh Five Year Plan (FYP), covering the Investment policy, finalized in May 2010,
years 20132018, whose theme is self- increases the general maximum allowance
reliance and inclusive green socioeconomic foreign investors equity to 74 per cent
development.2 (70 per cent before), earmarks selected sectors
for a 100 per cent equity share allowance, and
The new Economic Development Policy (EDP) introduces a negative list for sectors such as
describes the countrys path to becoming media, mineral mining and general health
a middle income country by the end of this services. At the time of writing, the Government
decade. Released in April 2010, it sets out was finalizing the Mineral Development Policy
strategies to reduce unemployment and that formalizes regulations on sustainable
achieve economic self-reliance, including: mining.

8I An investment guide to bhutan Opportunities and Conditions 2013


Privatization and Air (the national airline), and Druk Green Power 3 I More information at www.
dhiinfra.bt.
Corporation Limited (the owner and operator
publicprivate partnerships of Bhutans hydropower infrastructure). Druk
Green Power remains Bhutans largest SOE
In November 2007, the Government established with net assets worth 38 per cent of total
Druk Holding and Investments Limited (DHI) government-held assets.
as a sovereign holding company to efficiently
manage the countrys State-owned enterprises DHI also manages and oversees Druk Green
(SOEs). The shares of most entities have been Power Corporation (DGPC), into which all
transferred to the company, which now owns other hydroelectric power companies have
99 per cent of the total Government holdings been consolidated. DGPC is the largest source
and is itself owned by the Ministry of Finance. of the Governments income, contributing Nu
DHI held total assets of 119,233.17 million 5,847 million (US$128 million) of revenue in
in 2011 and its net worth was Nu 45,390.41 2010.
million in 2011.
DHI also acts as a facilitator for PPPs, working
The Governments portfolio of SOEs plays a with investors and developers. Large-scale
significant role in the economic development developments planned or underway include
of Bhutan and accounts for a large share of the Education City project, special economic
the countrys economy. These enterprises zones in Dhamdum, Jigmeling and Motanga,
cover a diverse range of businesses, including the Amochu Land Reclamation and Township
firms such as Bhutan Agro Industries Development, an international convention
Limited (a processing company of fruits and centre in Thimphu, the Chivasom Wellness
vegetables), Bhutan Board Products Limited (a Centre at Phuakha, the Thimphu TechPark and
producer of particle boards and wood panels), specific mining and industry projects.3
Bhutan Development Finance Corporation
(a development financial institution), Bhutan Care has been taken to equip DHI with a
Broadcasting Service (the national radio and TV transparent and efficient corporate governance
station), State Trading Corporation of Bhutan structure that minimizes political decisions and
Limited (an importer and retailer of cars), Druk guarantees accountability.

Computer work for the Bhutan Digital Livelihoods Project in the Thimphu TechPark, Thimphu, Bhutan.

An investment guide to Bhutan Introducing bhutan I9


View of Thimphu, Bhutan.
The operating
environment
Guided by the concept of GNH and its The Government continues to see hydropower
ambition to be a middle-income economy as one of the economys central pillars and
by 2020, the Government of Bhutan aims expects it to further underpin economic growth
to promote economic diversification with a in the coming years, with more projects being
minimal ecological footprint. The attraction planned and implemented. It also expects
of foreign direct investment (FDI) is deemed hydropower to be the main channel of achieving
to play a key role to achieve this vision. The economic self-reliance and plans to spend
improvement of the investment and operating revenues from electricity exports to improve the
environment is hence high on the agenda of conditions for private-sector development and
Bhutans Government. for the diversification of the countrys economy.

Looking at the origins of GDP over time, the


clearest trend can be seen in the agricultural
Economic environment share which more than halved from 46.3 per
cent in 1980 to 20.5 per cent in 2009. Agricul-
The biggest impetus to economic growth ture historically constituted the most important
comes from hydropower projects (see figure 1). part of the economy in the form of subsistence
Large spikes in domestic output are explained farming and animal husbandry. More recently,
by hydropower projects coming on stream, the sector started a transformation towards
such as Chhuka (19861988) and Tala, the the production of more cash crops. The Gov-
largest plant so far (20062008). When Tala ernment is working to improve market access,
was commissioned in 2007, overall annual introduce new horticulture crops, and increase
GDP growth jumped to 19.7 per cent. While overall agricultural productivity.
electricity, water and gas accounted for below
1 per cent of GDP in 1980, the sectoral share In line with the Governments economic policy
increased to around 20 per cent of GDP in priorities, the industrial sector has seen a
recent years. constant increase over the same period,

Figure 1. Real growth of selected sectors and overall GDP (percentage year-on-year change)

annual % chg.

80%

Gross Domestic Product Manufacturing


Electricity and water Hotels & restaurants
60%

40%

20%

0%
2001 2002 2003 2004 2005 2006 2007 2008 2009

-20%

Source: UNCTAD secretariat calculations, based on Bhutan Ministry of Finance.

An investment guide to Bhutan THE OPERATING ENVIRONMENT I 11


from 15.3 per cent in 1980 to nearly 40 per have exacerbated this trend. Core inflation in
cent in 2009. The industrial structure of Bhutan closely follows the Indian economy due
the manufacturing industry remains mostly to the peg of the ngultrum to the rupee. Over
small in size and dominated by State-owned the last years, the rupee experienced volatility
enterprises. Measures are put in place to as a consequence of large portfolio investment
promote the development of a manufacturing inflows, putting pressure on the peg. At the
cluster in the southern region of Phuentsholing, same time, high Indian inflation continues to
including the creation of special economic reinforce a downward bias on both currencies.
zones, infrastructural improvements, and the
development of product certification schemes.
The construction industry is strongly driven by Trade and investment
infrastructural projects, especially the large-
scale hydropower projects. International trade
The service sector is identified by the The promotion and diversification of trade
Governments 2010 Economic Development is a central priority of the Governments
Policy and the current FYP as a special economic development programme. It aims to
priority sector. Tourism and hospitality services further simplify administrative procedures and
are seen at the core of the service sector promote deregulation in order to boost investor
development. The Government targets a confidence (see box 4).
25 per cent share of tourism in total GDP
by 2017. In 2009, the hospitality industry Bhutans trade regime is strongly determined by
accounted for around 2 per cent of all its close economic ties to neighbouring India,
services, though this probably undervalues the which absorbs a large share of Bhutanese
contributions of up- and downstream linkages. exports under a free-trade agreement. The
Other sectors include the financial service economy is strongly import dependent. The
industry, which currently sees high growth Government hence wants to avoid higher costs
rates, as well as telecommunications. of imports through trade barriers and aims to
further liberalize its trade regime. Bhutan is a
Inflationary pressure has risen in the past years member to BIMSTEC and SAFTA, both of
and continues to be high at 8.84 per cent year- which aim to put in place regional free-trade
on-year from 2010 to 2011. Rising food prices agreements (see chapter I for more details).

Box 4. The 2010 EDP in the area of trade and investment


The 2010 EDP sets out wide-ranging macro- and microeconomic reforms and policy measures, including the definition of eight
areas of economic opportunity.

In the area of trade and investment particularly, the EDP includes the following policy reform measures, amongst others:
Enactment of a Trade Development Act to improve the countrys trade policy framework;
Improvement of export and market promotion activities, including through economic diplomacy, trade fairs, and trade missions;
Development and promotion of a Brand Bhutan nation branding and product certification scheme, which draws on Bhutans
unique values and GNH development philosophy;
Development of a PPP policy framework;
Revision of Bhutans FDI policy and development of a Bhutan Investment Act;
Accession to international conventions on dispute settlement;
Development of a framework for anti-dumping measures, anti-subsidies and trade safeguards;
Negotiation of mutual recognition agreements and conformity assessment procedures;
Negotiation of transit and transport agreements with neighbouring countries;
Harmonization of customs documentation, procedures, and formalities.

For a list of all areas of economic opportunities, relevant incentives and reforms, see chapter III.

Source: Government of Bhutan, Economic Development Policy, 2010.

12 I An investment guide to bhutan Opportunities and Conditions 2013


In 2011, India was the biggest export market of capital goods (machinery, mechanical/
and received 84.7 per cent of Bhutanese electrical appliances, and transport goods)
exports. It also provided 64.6 per cent of and a slowing of hydropower exports due to
imports to Bhutan. Other important trade increasing domestic demand. Rising exports
partners include Bangladesh, China, Japan, of base metals and intermediate goods slightly
Japan and Republic of Korea (see table 2). counterbalanced the decline.

Hydropower produced by the Chhukha,


Table 2. T op export and import markets of Kurichhu and Tala plants accounts for more
Bhutan in 2011 (percentage of total) than a third of all Bhutanese exports (42 per
Export Markets Import Markets cent of total merchandise exports in 2009).
India 84,7% India 64,6% Base metals such as iron, steel, and copper
Bangladesh 8,6% Japan 5,5% constitute another important export category,
representing 29 per cent of total exports in
Nepal 1,6% China 5,1%
2009. Agricultural exports, mostly potatoes
Japan 1,3% Republic of 4,7%
Korea and oranges, continue to play a minor role for
Nigeria 1,2% Switzerland 3,0%
Bhutans trade performance (around 5 per cent
in 2009).
Other partners 2,6% Other partners 17,1%
Source: UNCTAD. The countrys imports of petroleum-based
products have risen steadily, mainly due
the increase in the number of vehicles and
Overall, Bhutan experienced a relatively heavy machinery. This trend underlines the
steady increase in both exports and imports countrys rising dependence on fossil fuels
between 2000 and 2010. At the same time, and other intermediate commodities, which
the trade deficit increased steadily up to are mainly used in Bhutans construction
fiscal year 2004/05. Bhutan recorded its first and manufacturing sectors. The construction
trade surplus in 2006/07 in light of strongly boom, driven by the large-scale hydropower
increasing exports to India. In the last two projects, also induces an increase in capital
years, however, the trade balance deteriorated goods imports such as construction machinery.
on the back of a sharp increase in imports In 2009, mineral fuels accounted for a 20 per

Figure 2. Major exports and imports of Bhutan, 2009 (percentage of total exports)

Major exports in 2009 Major imports in 2009

3% 5%
4%
5% 23% 20%

12% 42%
5%
5% 20%

29% 10%
17%

Electricity Machinery, mechanical/electrical equipment


Base metals and articles thereof Mineral products incl. fuels
Mineral products incl. fuels Base metals and articles thereof
Vegetables, fruits, nuts, tea and similar items Transport vehicles
Chemical products Vegetables, fruits, nuts, tea and similar items
Machinery, mechanical/electrical equipment Wood and wood pulp products
Other Other

Source: UNCTAD secretariat calculations, based on Bhutan Department of Revenue and Customs data.

An investment guide to Bhutan THE OPERATING ENVIRONMENT I 13


cent share of all imported commodities. 25 upscale hotels and resorts worldwide and
Construction related commodities such as has developed five lodges across Bhutan with
iron and steel, machinery, technology used 72 rooms in total.
in the construction of hydropower plants,
and transport vehicles are other important In 2002 the Government approved a first
imports. formal FDI policy which came into effect in
2005. Subsequently, FDI inflows in tourism,
manufacturing, and services (banking and
Foreign direct investment security) further increased. In 2007, FDI
Bhutan has affirmed its clear commitment inflows spiked at US$72.3 million as a result of
to fostering private-sector development and hydroelectric investments. Overall, from 2000
attracting FDI through the 2010 Economic to 2010, the country accumulated FDI stocks
Development Policy, the 2010 Foreign Direct of about US$155.5 million (see figure 3). A
Investment Policy, and the 2010 Framework total of 29 FDI projects had been approved at
for Private Participation in Infrastructure. In the time of writing. Of this, three projects were
the last three to five years, FDI has come to approved prior to adoption of the countrys
play an increasing role in Bhutans economy first FDI Policy in 2002 and 26 projects were
and became a cornerstone of economic approved after adoption of the first FDI policy
development, particularly in the growing document.
tourism sector. Guided by the philosophy of
GNH, the Governments efforts to attract FDI Under the 2010 FDI policy framework, the gen-
follow the approach of high value, low impact. eral maximum allowance of foreign investors
Overall, however, Bhutan is still considered equity increased to 74 per cent (70 per cent
virgin territory in terms of FDI. before), a 100 per cent equity share allowance
in selected sectors is permitted, ownership of
The country had only limited foreign direct land by FDI joint venture companies is allowed
investments until the early 2000s. Initially, and a list of prohibited activities (see chapter
FDI inflows were almost exclusively directed III and appendix 1 for details) was introduced.
towards the hospitality sector. One of the The Government is also working on a mineral
earliest such investors was Aman Resorts in development policy that would formalize
2001. The hotel group owns and manages regulations on sustainable mining.

Figure 3. FDI inflows and stock, 2000 to 2010

Stock Flows
Stock, current US$ million
160 80
Flows, current US$ million

140 70

120 60

100 50

80 40

60 30

40 20

20 10

0 0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Source: UNCTAD FDI/TNC database www.unctad.org/fdistatistics.

14 I An investment guide to bhutan Opportunities and Conditions 2013


Main building of the Thimphu TechPark, Thimphu, Bhutan.

Overall, the Government is pursuing an with academic blocks, residential units, and
ambitious reform programme to make Bhutan recreational facilities between the countrys
an attractive investment destination. It is also international airport Paro and the capital
looking beyond traditional greenfield projects Thimphu. The Thimphu Tech Park project
and seeks to promote investments into PPPs). aims at establishing an IT park and related
To this end, the 2010 Framework for Private infrastructure in proximity to the countrys
Participation in Infrastructure complements the capital. The PPP project is currently being
FDI policy and enables large-scale infrastructure implemented jointly by a property development
projects such as airports, highways, recreational company from Singapore and the DHI. The
facilities, etc. to be developed in a PPP model. first development phase was completed in
Additionally, the Government is currently November 2011 and first tenants started
developing a more comprehensive PPP policy operations in early 2012.
in cooperation with the World Bank.
The Government of Bhutan, through the Minis-
Two landmark PPP projects that are currently try of Economic Affairs also seeks to establish
being developed by DHI are the Education special economic zones (SEZs) through a PPP
City project and the Thimphu Tech Park. The developer. Three potential sites have already
Education City is part of the Governments been identified (Samdrup Jongkhar, Sarpang,
wider efforts to improve secondary and tertiary and Samtse) and the Governments holding
education and aims to develop a 1,000- company DHI is currently planning the project
acre (approximately 404.7 hectares) campus implementation.

An investment guide to Bhutan THE OPERATING ENVIRONMENT I 15


Infrastructure and utilities service (dial-up and broadband) and the
dominant player in mobile communications
Information and communications technology (nearly 80 per cent market share in 2010).

The Government continues to promote the Almost all mobile subscribers use prepaid
development of ICT as a platform for sustainable services (97 per cent of subscribers) and the
development and economic diversification vast majority of Internet users access the web
to the benefit of the populations well-being. using mobile broadband services (90 per cent
It aims at delivering ICT infrastructure to all of Internet users), almost exclusively via EDGE/
205 gewogs (village blocks). In early 2011, GPRS (98 per cent of mobile Internet users,
the Government was on track to achieving 3G is available in Thimphu, Phuentsholing
this goal by providing fixed-line and mobile and Paro). This brings the mobile broadband
network access to over 96 per cent and 97 per penetration rate to about 12 per cent of the
cent respectively in all gewog centres. Mobile population, comparable to the average of
teledensity stood in 2011 at 70 per cent of the lower middle income countries. Since fixed-line
population and Internet access at 19.7 per broadband is only available in a limited number
cent. of urban locations, the market for mobile
broadband continues to grow. As of 2010,
The market for ICT services is relatively well Bhutan has a stable international Internet
defined given Bhutans small domestic user bandwidth of 330 megabit per second (Mbit/s).
base. One fixed-line operator, two mobile Given the small number of actual users,
network operators and four Internet service the available capacity of Bhutans network
providers are registered with the countrys infrastructure can be seen as internationally
telecommunications regulator. The State- competitive, particularly when compared with
owned Bhutan Telecom Limited was the first regional and income-based averages.
provider of ICT services and is still the only
operator of fixed-line communications. It is Internet user fees are relatively inexpensive
also the only provider of country-wide Internet compared to the regional average, tele

Table 3. Selected information and telecommunications technology indicators


Bhutan Southern Asiaa) Lower-middle
incomea)
2000 2009 2009 2009
Access
Telephone lines (per 100 inhabitants) 2,5 3,8 3,0 12,7
Mobile cellular subscriptions (per 100 inhabitants) 0,0 46,9 45,5 57,8
Fixed Internet subscribers (per 100 inhabitants) 0,1 1,0 1,3 5,5
Personal computers (per 100 inhabitants) 0,9 2,0 3,3 4,5
Quality
Population covered by a mobile network (% of total pop.) - 56,7%b) 61,0% 77,0%
Fixed broadbrand subscribers (% of total subscribers) 0% 9,2% 51,3% 40,1%
Mobile broadband subscribers (% of total subscribers) 0% 89,6% - -
International Internet bandwidth (bits / second / person) 2 222 31 151
Affordability
Residential fixed line tariff (US$ / month) - 3,00 3,00 4,70
Mobile cellular prepaid tariff (US$ / month) - 2,00 1,20 7,10
Fixed broadband Internet access tariff (US$ / month) - 10,00 14,60 30,40
Sources: World Bank ICT At-a-Glance, ITU World Telecommunication/ICT Indicators 2011, Bhutan Ministry of Information and communcations
Annual Info-Comm and Transport Statistical Bulletin March 2011.
a) Regional averages calculated using weighted average of latest available data point for each country or territory for reference period.
b) Figure for 2010.

16 I An investment guide to bhutan Opportunities and Conditions 2013


communications user fees are a little above or As per the Electricity Act 2001, the power 4 I Based on data of the
United States Energy
at the regional average. Small business rates, tariff is arrived at by taking into account the Information Administration
on average, range from US$47 to US$57, actual cost of supply and not the market or and the International
depending on plan and included bandwidth. opportunity cost. The subsidy that is availed Energy Agency
(http://www.eia.gov/
from Royalty power is directed to the low emeu/international/
Currently, the Government is working to voltage consumers, hence the electricity tariff elecprih.html).
improve the reach and efficiency of the existing at low voltage is cheap.
network. It also aims to further mainstream ICT
in its development programmes and poverty-
alleviation initiatives. These efforts include the Transport
connection of further districts to the national For a landlocked country, an efficient and reliable
broadband network, the development and transport network both within the country as
implementation of eGovernment initiatives and well as within the region plays an especially
Government-to-Citizen (G2C) services, and the important role for competitiveness and broad-
construction of community centres (CICs) in all based socioeconomic development. At the
village blocks to improve last mile access to same time, Bhutans rugged terrain poses
ICT resources. significant technical and economic challenges
in the development of an adequate physical
Energy infrastructure.

Bhutans electricity tariffs are among the lowest Bhutans current transport network remains
in the world, making it an ideal investment inadequate, with a limited road network, no
destination for high energy consumption navigable waterways, and no domestic rail
services such as data storage. Under the network. The Government is aware of these
current tariff schedule, the price for one constraints and is undertaking significant
kilowatthour of low-voltage electricity ranges investments to upgrade the infrastructure
from US$0.02 to US$0.04, depending on and improve main and feeder road networks,
the demand. For comparison, the average especially in rural areas. Infrastructure
2008 household price for one kilowatthour development is a central priority in the countrys
was about US$0.113 in the United States of current FYP (see box 4 above). Complementary
America and about US$0.206 in Japan.4 The to the Governments efforts, multilateral and
current and future tariff structure (in ngultrum) bilateral development partners continue to
is presented in table 4. provide technical assistance and funding.

Table 4. C
 urrent and future (at the time of writing) domestic electricity tariffs, households and
commercial (in ngultrum per kilowatthour)
Customer Category August 2010 1 July 2011 1 July 2012
to 30 June 2011 to 30 June 2012 to 30 June 2013
0-100 kWh (Nu./kWh) 0,85 0,85 0,85
101-300kWh (Nu./kWh) 1,47 1,54 1,62
LV
300+ kWh (Nu./kWh) 1,94 2,04 2,14
LV bulk (Nu./kWh) 1,94 2,04 2,14
Energy charge (Nu./kWh) 1,63 1,71 1,79
MV
Demand charge (Nu. /kW/month) 95 105 115
Energy charge (Nu./kWh) 1,51 1,54 1,54
HV
Demand charge (Nu./kW/month) 85 105 105
Wheeling (Nu./kWh) 0,111 0,111 0,111
Sources: Bhutan Electricity Authority, Annual Report 2010/2011.
LV, MV, HV: Low, medium, high voltage.

An investment guide to Bhutan THE OPERATING ENVIRONMENT I 17


Gate of Bhutan, border crossing with India, Phuentsholing, Bhutan.

5 I According to the 2005 Road transport and sharp turns, making it inadequate for the
Census.
countrys increasing traffic and the growing
6 I Travel time between In 2010, there were 6,920 kilometres of roads,
number of commercial vehicles. Furthermore,
Phuentsholing and about 40 per cent of which were paved or
Thimphu is about 6 hours severe weather and tectonic activity frequently
otherwise surfaced. The existing network
for about 180 kilometres. cause roadblocks or temporary hazards. As a
connects major villages and provides an
7 I Based on data from the result, traffic usually moves extremely slowly.6
Transport 2040 Integrated increasing amount of farm and access roads in
The incidence of road traffic fatalities, currently
Strategic Vision (draft) rural areas. Still, about 53 per cent of the rural
August 2011. at about 17 per 10,000 vehicles per year, is
population cannot reach an all-weather road
already much higher than in neighbouring
within 20 minutes walking distance and about
countries (Indias is a little above 12 per 10,000
9.7 per cent of the total population still lives
vehicles per year) and slowly increasing.7
more than six hours walking distance away
from the nearest all-weather road.5 Overall, the poor state of the road network
and the countrys difficult geographic situation
Most of the Bhutans personal and commercial
significantly increase the cost of doing
traffic travels along the EastWest national business in Bhutan. This is particularly true in
highway (Lateral Road), which also connects the countrys remote eastern districts, where
the capital Thimphu with the southern industrial transport costs are high.
hub of Phuentsholing and the Indian border.
Nearly all imports go through the Indian port of The 20072027 Road Sector Master Plan sets
Kolkata and are transported to Phuentsholing out how the Government plans to upgrade
by road. Like the majority of roads in Bhutan, and expand the existing network, often with
the Lateral Road is narrow with steep gradients significant support of international partners

18 I An investment guide to bhutan Opportunities and Conditions 2013


such as the Asian Development Bank, the the Phuentsholing industrial hub. The rail link
World Bank, the Government of India, and the will promote private-sector development in the
Government of Japan. Priorities include the border region and allow for varied investment
expansion of feeder roads, capacity and safety opportunities.
upgrades of existing roads, the construction of
more bridges, and the construction of a second The Government is also planning to establish
EastWest highway in the less mountainous a dry port at the terminus of the rail link. As of
south. The Government is also developing a June 2011, it has identified Toribari within the
warehousing and distribution facility (dry port) Phuentsholing municipality as optimal location
in the border town of Phuentsholing. for such a facility.

Rail transport Air transport

Bhutan currently does not have a domestic rail Reliable and flexible air transport is critical for
network, but the Government recognizes the the development of Bhutans tourism sector
significant capacity and efficiency gains that and economic diversification. Currently,
could be realized through a rail link with India. however, Bhutan has only one international
In January 2005, Bhutan and India signed airport, Paro, and one international air operator,
a memorandum of understanding for the the wholly State-owned Druk Air.
establishment of railway links to the five border Paro International Airport is located about
towns in Bhutan from the nearest corresponding 50 kilometres west of the capital Thimphu and
railheads in India that would ultimately enable is certified for narrow-body aircraft up to the
access to the Indian rail network. One of the size of an Airbus A320 or Boeing 737. Given
links includes a 17.5 kilometre track to connect the high-elevation, high-terrain environment
Hasimara (in West Bengal) to Phuentsholing and the lack of an instrument landing system,
in Bhutan. Survey of the five links was carried flight operations are often disrupted by weather
out in 2007/08 and the two Governments are conditions. During the winter season, high
currently working to implement the project. velocity winds can lead to service cancellations
This important infrastructure development or delays, or flight diversions of the incoming
project has the potential to remove one of flights. Cargo facilities remain limited and the
Bhutans most pressing behind-the-border existing terminal infrastructure is inadequate for
constraints by significantly reducing ground peak-season tourist inflows.
transportation costs and improving access to

Drukair aircraft at Paro International Airport, Paro, Bhutan

An investment guide to Bhutan THE OPERATING ENVIRONMENT I 19


Druk Air, which started operations in 1983, assistance could, amongst other benefits, also
currently operates direct connections to allow for safer conduct of a wider array of out-
destinations in Bangladesh, India, Nepal, door tourism activities.
Singapore and Thailand using Airbus A319
aircraft. ParoBangkok and ParoDelhi are
the most popular routes. In 2010, Druk Air Health services
transported a total of 132,615 passengers,
compared to 42,900 in 2002 and just about Bhutans Government has made consistent
2,800 in 1983. and substantial progress in the provision of
The Government is aware of the pressing need to public health services, bringing the country
improve its air transport network and is currently well on track to achieving the relevant
Millennium Development Goals (MDGs), a set
seeking domestic air service operators to
of development targets defined by the United
improve access to the countrys eastern region
Nations. Human and physical resources have
and the central Bumthang district, cutting travel
been expanded at an impressive speed.
times from several days to a few hours. This
However, some fundamental challenges
could help unlock the Bhutans vast tourism
remain, particularly in rural areas.
potential in the more remote regions and make
non-tourism ventures much more accessible Primary health care coverage currently stands
to firm managers, using both commercial as at about 90 per cent of the population. In
well as general aviation. In the longer term, the 2007, on average, an urban dweller lived
Government may also upgrade Gelephu airport 19 minutes away from the next basic health
for international operations. This would not only unit, while a rural dweller walked about
free up capacities in Paro, but also allow for a 84 minutes. In 2005, about 90 per cent of all
much safer and reliable approach due to better households were estimated to have visited a
geographical conditions, potentially even using health facility at least once a year. Advanced
bigger airplanes. Most importantly, it would emergency treatment is available at Thimphus
also help private-sector development around Jigme Dorji Wangchuck National Referral
the southern hub of Gelephu. Hospital.

In addition, the Government plans to introduce With better access to facilities, health outcomes
a domestic helicopter service for search and have improved accordingly. Life expectancy
rescue operations, but not for scheduled op- increased significantly from an estimated
eration. Given Bhutans challenging geography, 54 years in 1990 to about 68 years today, with
the availability of helicopter based emergency only a minor difference between males and

What investors say: infrastructure


First and foremost, interview partners highlighted Bhutans extremely competitive electricity
prices. Electricity is easily availability in all urbanized regions and power outages are not an
issue, which stands in stark contrast to other countries of the region. Investors and firm
managers were also positive about the countrys telecommunications network, although
shortages were reported in the area of broadband Internet connectivity.
The countrys transportation infrastructure, however, is a major concern for the private sector.
Concerns were raised about the countrys insufficient road network and the associated high
costs for ground transportation. The road between Thimphu and Phuntsholing was cited as
a particular concern. Interview partners greatly welcomed the opening of Bhutans domestic
air service and described it as a major improvement of the overall business climate. Many
also welcomed the on-going improvement and development of the countrys road network.
Source: UNCTAD.

20 I An investment guide to bhutan Opportunities and Conditions 2013


females. Under-five mortality declined from
139 per 1000 live births in 1990 to 56 per
1000 live births in 2010. Child immunization is
nearly universal.

The Governments current development


priorities include the training of more qualified
health workers, particularly doctors, and the
expansion of physical infrastructure. The
Government is also carefully monitoring the
incidence of HIV/AIDS. While the number of
reported cases is still very low, the number of
new infections has been increasing sharply
over the last years.

Education Headquarters of the Royal University of Bhutan, Thimphu, Bhutan.

Substantial progress has also been made in the


improvement of Bhutans education system.8 Tertiary education is organized under the 8 I Data in this section
is based on Bhutans
Basic education consists of seven years of umbrella of the decentralized Royal University 2011 National Human
primary schooling and four years of lower of Bhutan (RUB), which was established in Development Report and
and middle secondary schooling. This can 2003 and currently includes ten constituent the Ministry of Education
Annual Education
be followed by two years of higher secondary public colleges and one private college. In Statistics 2010 and 2011.
education as well as tertiary education. 2010, 6,245 students were enrolled in a tertiary
Language of instruction is English and education education course under the RUB. Additionally,
is free up to the tenth grade. The general level of another 4,083 students were enrolled in a
English language proficiency is very high. tertiary education course abroad, mostly in
India. Gross enrolment at the national tertiary
Literacy rates, estimated based on data from level is about 11 per cent, compared to about
the 2007 Bhutan Living Standard Survey, still 15.5 per cent in lower middle-income countries
show strong ruralurban as well as gender and and 11.4 per cent in South Asia.
generational divides. The overall literacy rate
stood at about 55.5 per cent. Disaggregated The Government is working to expand and
indicators are significantly biased towards male, diversify the tertiary education system and
urban populations, with disparities increasing eliminate gaps in infrastructure, access, and
sharply for older age groups. Gender gaps are efficiency. The current system induced a
nearly absent for the younger generations, in mismatch between student skills and knowledge
which about 75.8 per cent are literate. on the one hand and labour market needs on

Table 5. Key health indicators


1990 2000 2010a)
Millennium Development Goal 4.1
139 89 56
Children under five mortality rate (per 1,000 live births)
Millennium Development Goal 4.3
93% 78% 98%
1 year-old children immunized against measles (% proportion)
Millennium Development Goal 6.1
<0.1% <0.1% 0,20%
People living with HIV, 15-49 years old (% of population)
Life expectancy at birth (years) 54,19 63,148 68,021
Per capita government health expenditure (US$, avg ex rate) - 42 80
Sources: World Health Organization Global Health Observatory Data Repository, World Bank WDI, United Nations Statistics Division.
a)
2010 estimates where available, otherwise 2009 is used

An investment guide to Bhutan THE OPERATING ENVIRONMENT I 21


9 I The World Bank / the other hand. To this end, the Governments support the view that there is a widening skills/
International Finance
Corporation, Enterprise
priorities include a comprehensive overhaul knowledge gap. At the same time, the World
Survey Bhutan. of its technical and vocational education and Bank study also finds that competitiveness
Available online at training programmes, including an improved as measured by labour productivity is high,
www.enterprisesurveys.
org (accessed 26 June link between university and vocational training particularly in the service sector. While average
2013). courses. More on opportunities in the education labour costs per worker are higher than in
sector can be found in chapter IV. other countries of the region (about 45 per
cent higher than in India), unit labour costs are
amongst the lowest in the region (almost half of
Bangladeshs unit labour costs).
Labour
Bhutans labour regulations are mainly contained
About 68.6 per cent of Bhutans 726 thousand in the 2007 Labour and Employment Act, which
people were participating in the labour force in is the countrys first comprehensive labour
2010. The overall participation rate of women market legislation. It includes provisions on
was slightly lower than that of men (63.9 per employment conditions including minimum age,
cent versus 73.6 per cent), which compares terms and enforcement of contracts, employee
very favourably to the South Asian average compensation, working hours, holidays, dispute
of 37 per cent versus 82 per cent. About resolution, and workers representation, among
3.3 per cent of the total labour force was others. Additionally, some regulations pertaining
unemployed in 2010, down from 4 per cent to employee compensation and the recruitment
in 2009. Youth unemployment, currently at of foreign workers still derive from the 1994 Wage
9.2 per cent, is a concern. Overall, the biggest Rate, Recruitment Agencies and Workmens
source of employment with about 60 per Compensation Act. The new framework has
cent is the agricultural sector, where almost successfully improved labour market efficiency
everyone works in self- or family-employment by reducing legal uncertainty, improving workers
arrangements. rights, and ensuring flexibility.

Bhutans labour force, although comparatively Under the provisions of the 2007 Labour and
well educated, cannot fully meet the needs Employment Act the Government set a national
of the evolving private sector. A 2009 survey minimum wage across all industries of Nu
of 250 Bhutanese firms by the World Bank 100 per day or Nu 3,000 per month (US$2.19
finds that 12.6 per cent of firms cite the lack and US$65.57, respectively). Full-time employ
of labour skills as a constraint for the private ees are entitled to a minimum of 9 public
sector.9 Growing rates of youth unemployment holidays per year and 1.5 days of paid leave

What investors say: human resources and labour


While some firm managers reported high productivity of the existing labour force, a key
concern is the lack of skilled labour throughout all sectors. Interviewees generally confirmed
that there is a strong mismatch between a well-educated and English-speaking population
on the one hand and a lack of relevant job-market qualifications on the other hand. As a
result, there are few well-trained workers. Some private-sector representatives described
that the apparent attractiveness of government jobs vis--vis private-sector jobs makes it
hard to find employees with a strong entrepreneurial spirit. At the same time, it was pointed
out that workers generally learn quickly and seem receptive to on-the-job training.
In addition to domestic labour shortages, interview partners reported difficulties in the
recruitment of Indian workers due to complex procedures and quantitative caps. Some
private-sector representatives also described immigration and visa rules for expatriate
workers as relatively restrictive.
Source: UNCTAD.

22 I An investment guide to bhutan Opportunities and Conditions 2013


per month. Standard working hours must initiated the development of a capital market 10 I As of the second
quarter of 2011, these
not exceed eight hours per day or 48 hours and a stock exchange in Bhutan. The Royal were the Bhutan
per week. Employers must grant a minimum Securities Exchange of Bhutan (RSEB) was National Bank, the
maternity leave of eight weeks and minimum established in late 1993 with a total of four listed Bank of Bhutan Ltd.,
Druk PNB Bank Ltd.,
paternity leave of five days, each with full pay. companies and an overall market capitalization T-Bank Ltd., Bhutan
of about US$8.6 million. As of 2010, a total Development Finance
of 20 companies were listed with an overall Corporation Ltd., Royal
Insurance Corporation
market capitalization of about US$218.95
The financial sector million. Although the number of trades slowly
of Bhutan Ltd., Bhutan
Insurance Ltd., National
Pension & Provident
increased over the years, the exchange still
With a rapidly evolving real economy backed Fudent, and the Royal
only opens for trading twice a week. In 2010, Securities Exchange of
by sound macroeconomic fundamentals, Bhutan Ltd. For publicly
the overall traded value of securities was about
Bhutans financial sector has seen significant listed companies
US$13.94 million. The RSEB is regulated by the abbreviations
growth in recent years. The countrys financial
the Royal Monetary Authority. correspond to the stock
system consists of four commercial banks, one symbol. The government
development bank, two insurance companies, holds shares in Bhutan
National Bank, Royal
one pension fund, and one securities
exchange.10 All bank and non-bank financial The private sector Insurance Corporation of
Bhutan (both minority),
institutions are regulated by the countrys central Bank of Bhutan, and
The umbrella organization that represents Bhutan Development
bank, the Royal Monetary Authority (RMA). The Finance Corporation
legal and regulatory framework of the central the private sector in various national, regional (both majority).
bank was significantly strengthened with the and international policy forums is the Bhutan
11 I Comprehensive
enactment of a new RMA Act in 2010. This, Chamber of Commerce and Industry (BCCI), information about the
together with the new 2011 Financial Services which is itself part of the regional SAARC project background,
scope, and progress
Act, gave the RMA a large degree of autonomy Chamber of Commerce. The BCCI currently can be found online at
and a robust mandate to supervise the growing has 41 members representing various sectors http://www.gnhc.gov.bt/
and subsectors of the countrys small but absd (accessed 27 June
financial sector. The RMA has recently reiterated 2013).
that it does not plan to grant new commercial growing business community. In addition to its
banking licences until the end of 2013. headquarters in Thimphu, the chamber also
has four regional offices across the country.
Including through the BCCI, the Government
Insurance sector
has intensified its dialogue with the private
Two insurance companies are currently sector in recent years.
operating in Bhutan, the Royal Insurance
Corporation of Bhutan Limited (RICB) and To improve communication and cooperation
Bhutan Insurance Limited. The partially State- between the various arms of government and
owned RICB was the first provider of insurance the private sector, the Ministry for Economic
in the country and offers general insurances Affairs has reconstituted the Private Sector
as well as a variety of credit and financial Development Committee in 2009. The
products. RICB also provides the vast majority committee consists of 25 members, 14 of which
of housing loans and is the sole provider of life are from the private sector and 11 of which
insurance in Bhutan. Its competitor Bhutan are government officials, and is chaired by the
Insurance Limited only offers general insurance Minister for Economic Affairs. In July 2011 the
products. The superior market position of RICB committee was upgraded with a secretariat to
vis--vis Bhutan Insurance Limited is reflected further institutionalize the dialogue and act as
in the firms financial positions with a total asset focal point for private-sector development.
value of US$130 million versus US$6.33 million
Beyond the various regulatory reforms outlined
in March 2011. Unlike the commercial banking
in earlier chapters, the GNH Commission
sector, the insurance sector is open for new
secretariat has worked to promote public
market participants to foster competition.
sector delivery and private-sector development.
The Accelerating Bhutans Socioeconomic
Stock exchange Development initiative has defined performance
In 1993, the Royal Monetary Authority targets for the various branches of government
supported by the Asian Development Bank and sectors.11

An investment guide to Bhutan THE OPERATING ENVIRONMENT I 23


Terraced rice plots in a rural area near Phunaka, Bhutan.

24 I An investment guide to bhutan Opportunities and Conditions 2013


The regulatory
environment
Bhutan has embarked on ambitious regula In addition, Bhutans State-owned holding
tory reform and private-sector development company, DHI, acts as the lead developer and
programmes in recent years. The current FDI venture partner, including in PPPs, for larger
and economic policy framework represents infrastructure development projects such as
a major step towards a more liberalized the Thimphu Tech Park or the Education City
investment regime and more conducive Project. Regulation and supervision of all
business regulations. However, while macro projects, however, remains with the DoI/MoEA.
economic and longer-term aspects such as
In 2010 the legislature passed a comprehen
political stability, good governance, and access
sive overhaul of Bhutans economic develop
to electricity compare very favourably to other
ment strategy and regulatory environment,
investment destinations in the region, several
consolidating the most relevant provisions for
regulatory constraints remain. The World
foreign investors in the Economic Development
Banks Doing Business project particularly
Policy and the complementary Foreign Direct
identifies a lack of procedures to resolve
Investment Policy. With the streamlined
insolvency, complex regulations for trading
regulations, investors face a three-tier structure
across borders, and cumbersome procedures of foreign ownership that is applicable to both
to get a construction permit. Nevertheless, the new as well as to existing entities (see table 6).
Government has made significant progress in
its efforts to provide an enabling environment Except for some specific provisions and
for investors. incentives set out in the 2010 FDI Policy, foreign
investment projects are subject to the same
This chapter presents the legal aspects of laws, rules, and regulations that are applicable
the investment environment together with the to domestic firms. This right to equal treatment
administrative procedures for doing business is formalized in the FDI Registration Certificate
in Bhutan. (FDIRC), which is issued by the Ministry of
Economic Affairs upon application by foreign
investors (see below).
Institutional and regulatory
framework International investment treaties
Bhutan is not a member of the Multilateral In-
Foreign direct investment in Bhutan are vestment Guarantee Agency or the International
coordinated and monitored by the DoI at Centre for Settlement of Investment Disputes
the Ministry of Economic Affairs (MoEA). The (ICSID). To date, it has also not yet signed
Ministry acts as the countrys investment bilateral investment treaties or double taxation
promotion agency and focal point for investors. treaties with international partners. Relevant

Table 6. Foreign ownership restrictions


Degree of foreign ownership allowed Sectors
100 per cent Education services (except technical and vocational institutions), health,
five-star hotels, infrastructure,research and development, head office services,
IT and IT-enabled services inside SEZs.
Up to 74 per cent Agro-based production, forest-based production, water-based products,
manufacturing, IT and IT-enabled services outside SEZs, construction services,
waste and water supply management, four-star hotels, technical and vocational
institutions, transport and related services, consultancy services.
Up to 51 per cent Financial services
No foreign ownership Negative list sectors including media and broadcasting, hotels rated three starts
and below, arms and tobacco.
See appendix 1 for full details and minimum capital requirements.

An investment guide to Bhutan THE REGULATORY ENVIRONMENT I 25


12 I Note that this provisions for double taxation avoidance and a comparable domestic firm. The issuance of
summary reflects the
requirements of the
investment protection are, however, part of the FDIRC does not, however, constitute a full
licensing scheme that the SAARC treaties (compare with section on approval of the project.
was in place at the time taxation below).
of writing, particularly In a next step, investors submit a business
the provisions of the
2005 FDI Rules and plan to the DoI/MoEA. Investors shall submit
Regulations, the 2010 three copies of the business plan, one of which
FDI Policy, and the 2010 Entry and exit will be forwarded to the National Environment
Economic Development
Policy. This process Commission (NEC), if applicable. The NEC
may change as a result FDI business registration and licensing is a statutory body mandated to develop,
of the revision of FDI process implement and monitor the Governments
rules and an ongoing
simplification project The anchor point for establishing an FDI environmental policies and standards. Since
in cooperation with the environmental conservation is a central pillar
International Finance business in Bhutan is the FDI Division at the
Corporation. DoI/MoEA. The MoEA also chairs the FDI of Bhutans philosophy of GNH, all projects
13 I The relevant FDI Facilitation Committee, which is a multi-agency (except those in the exempted/delegated list)
Registration Application body that facilitates and promotes FDI. must undergo screening by the NEC, which
Form can be found then issues an environment clearance for
in schedule III of the
2005 FDI Rules and
Prospective investors need to go through the the venture. Simultaneously, the prospective
Regulations, available following business registration and licensing investor registers/incorporates the FDI
online at http://oag. process:12
gov.bt/wp-content/
business with the Registrar of Companies (see
uploads/2011/02/ table 7 for fees).
Foreign-Direct- To start the business licensing process,
Investment-Rules- investors first need to apply for an FDIRC. To
and-Regulation-
initiate the process, investors are invited to
2005-English.pdf (last Table 7. Company registration incorporation fees
accessed December submit a formal FDI Registration Application,13
Incorporation Fee, by authorized share capital
2011). including a more detailed summary of
the venture, a description of the investor, Share capital not exceeding Nu 1 million Nu 1,000
past audited accounts, and CVs of local Share capital between Nu 1 million
Nu 1,500
shareholders. Based on the formal application and 2 million
the DoI/MoEA then issues the FDIRC, which Share capital exceeding Nu 2 million Nu 2,000
will convey the right to be treated equally to Source: Schedule IV, Companies Act of of Bhutan, 2000.

At the control desk of Ugen Ferro Alloys Pvt. Ltd., Pasakha Industrial Estate, Phuentsholing, Bhutan.

26 I An investment guide to bhutan Opportunities and Conditions 2013


14 I Also compare World
Bank Doing Business
What investors say: governance and administrative 2012 Economy Profile
Bhutan.
efficiency
Interview partners strongly appreciated the high degree of political stability and absence of
corruption. Many said that the Government is exemplary in its commitment to principles of
good governance and sound financial management. Optimism was also expressed about
the establishment of an Anti-corruption Commission (ACC), which was seen to be very
vigilant and effective. The Governments development plans were perceived as credible
and constructive.
While private-sector representatives generally described the Government as a reliable
partner, some cited the Governments inexperience with FDI and lack of technical
understanding as an issue. Interview partners cited delays in some approval processes due
to lack of government capacity. At the same time, the Government was characterized as
keen to understand investors concerns. Access to high-ranking Government officials and
line ministers does not appear to be a challenge.
Source: UNCTAD.

After the environmental and all relevant sectoral Bhutans 2010 FDI Policy includes provisions on
clearances have been issued, if the proposed three aspects of employment: (a) Employment
activity falls under the non-priority lists, the of (skilled) expatriate workers, (b) employment
Project Approval Committee decides (based on of unskilled or semi-skilled workers, and (c)
evaluation criteria) about the ultimate approval requirements on the employment of Bhutanese
of the project. The proposed businesses nationals.
falling under the priority list of activities are not
subject to assessment against the evaluation (a) Any FDI business that has successfully
criteria and are approved by the Department applied for an FDIRC (see above) is entitled to a
of Industry upon receipt of required clearances. minimum of five work permits for professional,
Finally, the business must obtain an industrial managerial and technical expatriate staff during
licence at the Regional Trade and Industrial the business establishment phase. The permits
Office under the MoEA. are allocated to the business entity and are
annually renewable. Multiple-entry visas (that
In addition to the formal registration process, is, visas exempt from the international tourist
companies are required to apply for a taxpayer tariff) are issued to the foreign investor, the
identification number and register for income board of directors, all expatriate staff, and
tax, acquire a company seal within a year of their immediate family members. In addition,
incorporation, and open a bank account under the MoLHR can approve additional expatriate
the name of the company.14 workers if the business cannot meet its
labour market needs by recruiting Bhutanese
Employment permits and expatriate professionals. The MoLHR will also approve
employment additional short-term permits for professionals,
technicians and consultants at request of the
Bhutans Department of Labour/ Ministry of business.
Labour and Human Resources (MoLHR) is the
coordinating agency for labour market needs (b) During the establishment phase of the FDI
of foreign investors. In addition, Bhutans project investors can recruit an unrestricted
Department of Immigration as well as the number of unskilled and semi-skilled expatriate
Ministry of Foreign Affairs are relevant points of workers. During the business operation phase,
contact for the employment of foreign nationals. the number of unskilled and semi-skilled

An investment guide to Bhutan THE REGULATORY ENVIRONMENT I 27


15 I Available online at www. expatriate workers will be regulated more or municipal authorities to apply for the
molhr.gov.bt (follow link
"Labour Net").
closely by the MoLHR. transaction. In case of land acquisitions around
Thimphu, this would be the Thimphu Thromde,
16 I For the Thimphu (c) FDI businesses are required to progressively
Thromde, this form can formerly the Thimphu City Corporation.
be found online at www. train and employ Bhutanese workers and
tcc.gov.bt. professionals after the venture has been To initiate the transfer, investors need to
17 I Both regulations are established in order to attain a ratio of 1:5, complete the land transfer form that is
readily available on that is, one expatriate permit for every five available through the local authorities.16 The
the website of the
Department of Urban Bhutanese workers, by the fifth year of local authority verifies the submission and
Development and commercial operation. Exceptions, however, transmits it to the NLC or Ministry of Agriculture
Engineering Services for decision. The transfer is processed by the
at www.dudh.gov.bt
might be granted for specific sectors such as
(last accessed January research and development, health or education local authority of the Ministry of Agriculture as
2012). or for specific labour market requirements. appropriate.
18 I For the Thimphu District
Municipality, this form The overall procedure to recruit foreign workers, The lease, or Lag Thram, grants full ownership
can be found online and flexibility to the FDI Company. Subject to
based on the 2007 Immigration Act and the
at www.tcc.gov.bt/
forms/siteplan.pdf 2007 Labour and Employment Act, can be the relevant laws and provisions of the Land
(last accessed January complex. The DoI/MoEA in its function as Act, the owner can freely transact the acquired
2012).
anchor point for FDI as well as the MoLHR can land title.
assist prospective investors. A brief summary
is provided here. Construction permits
Companies will first need to apply for an Investors applying for a construction permit
approval to recruit foreign workers with the need to work with local government or
MoLHR through its online platform LabourNet.15 municipal authorities to obtain the necessary
Applications are supposed to be approved documentation. In case of building projects
within approximately one week. For workers around Thimphu, the responsible implementing
with Indian citizenship, businesses are required authority would be the Thimphu Thromde.
to sign an agreement with their respective At the national level, the Department of
Regional Immigration Office. Other foreign Urban Development and Engineering
workers need to apply for a visa with Bhutans Services at Bhutans Ministry of Works and
Department of Immigration. The Department Human Settlement is responsible for overall
will then issue a clearance that can be used coordination and technical backstopping.
to enter the country and apply to the nearest The required procedures, fees, and permits,
Regional Immigration Office for a full work as well as general provisions on architectural
permit within seven days of arrival. requirements are formalized in the 2002 Bhutan
Building Rules. The Traditional Architecture
Guidelines, also available from the Ministry,
Land acquisition
provide further details on what the Government
FDI companies in Bhutan can own or lease sees as appropriate building design principles.17
land based on the provisions of the 2007 Land
Act of Bhutan. In the acquisition process, FDI In a first step, investors need to request
ventures registered under the Companies Act an official site plan and, if needed, a plot
are treated like any domestic legal person. The demarcation. This can be done by submitting
responsible statutory body dealing with land a simple form together with the relevant
allotment is the National Land Commission land ownership certificate (Lag Thram, see
(NLC) and its secretariat, which manages above) to the responsible local authorities.18
cadastral surveys and keeps the national land Investors can then apply for a building permit
record called Thram. by submitting the relevant form along with
architectural drawings and plans to the local
While the NLC secretariat processes land authorities. As noted above, building plans must
transfers and coordinates between different be in line with Bhutans Traditional Architecture
government bodies, potential investors will Guidelines as well as the general structural and
need to work through the local government safety requirements. After the building permit

28 I An investment guide to bhutan Opportunities and Conditions 2013


Worker sorting pieces of ferrosilicon, Pasakha Industrial Estate, Phuentsholing, Bhutan.

has been obtained, investors can request and documentation (for example, businesses in the
receive pre-construction and construction tourism industry might need approval from the
work inspections, and will ultimately be issued Tourism Council of Bhutan). Bhutan does not
an occupancy permit by the local authorities. maintain official quota restrictions on imports
from India or third countries.
Trade licensing and customs clearance
Most goods arrive at the southern industrial
Bhutans trade policy, regulation and monitoring
agglomeration of Phuentsholing, which is the
is organized under the Department of Trade
countrys busiest border check point. There
at the MoEA. The Department of Revenue
are six official entry/exit points for goods from/
and Customs under the Ministry of Finance is
to third countries, which, with the exception
in charge of customs clearance. Any goods
of air transport, require a transit through India
imported from countries other than India
(see table 8). Bhutan continues to improve the
require an official import licence, which can
efficiency and capacity of its customs clearance
be obtained from the Department of Trade by
point, especially in Phuentsholing.
registered retail/industrial licence holders and
any company registered in Bhutan. In addition Procedural requirements and associated
to the standardized application form, specific time and costs for trading across borders to
industries might need to provide additional and from Bhutan are roughly in line with or

Table 8. Official entry/exit points for movement of goods from/to third countries
Bhutanese Side Indian side Mode of transport
Phuentsholing Jaigaon, West Bengal
Samtse Chamurchi, West Bengal
Gelephu Hathisar, Assam Land
Sarpang Ulta Pani, Assam
Samdrup Jongkha Darranga, Assam
Paro All destinations by air Air
Source: Bhutan Ministry of Finance.

An investment guide to Bhutan THE REGULATORY ENVIRONMENT I 29


19 I Sources include slightly more cumbersome than the regional imports, Bhutan levies duties on its imports
UNCTAD Trade Analysis
and Information System
averages, according to the World Banks 2012 of 57.8 per cent for agricultural goods and
(TRAINS) and World Doing Business report. table 9 lists required 13.7 per cent for non-agricultural goods,
Bank, 2010, Bhutan documents for a hypothetical trade transac- compared to a South Asian regional weighted
Trade Brief, World Trade
Indicators 2009/10: tion. average of 13.4 per cent.19
Country Trade Briefs,
Washington, DC.,
World Bank (available at Tariff structure Levies and charges
http://www.worldbank.
org/wti) and information Goods imported from India under the bilateral Bhutan levies excise duties based on ad-
from the Government of free-trade agreement are not subject to valorem rates on alcoholic beverages only
Bhutan information.
customs duty. For goods imported from third and the rates of duty range from 30 to 75 per
countries Bhutan applies ad valorem duty on a cent. Bhutan sales tax is collected at the point
cost, insurance and freight basis, calculated at of entry (valued based on freight-on-board
entry point. Weighing the most favoured nation price) or at the point of sale (valued based on
tariff rate by a trade partners share in total sales price).

What investors say: licensing and approval


While managers and investors did not report encountering significant difficulties with the
general business licensing procedure, some interview partners described the process of
applying for sector clearances as time consuming and not fully transparent. Given Bhutans
strong record of conservation, a comprehensive environmental clearance is required for those
investment projects which are not exempted. It appears that applications for environmental
clearances can be complex and require detailed documentation for sophisticated and
complex projects. Interviewees have reported significant delays in the investment approval
process due to these requirements. Some rules and regulations were described as unclear
or not comprehensive enough, such as the current regime for the settlement of investment
disputes.
Private sector representatives described the tax system and the procedures for paying taxes
as no impediment to doing business, but rather found the current system to be transparent.
In the area of customs and trade approval, interview partners saw general procedures
as efficient, but noted that substantial tariff and non-tariff barriers were remaining. The
continued reform efforts of the Government to provide an enabling regulatory environment
were consistently rated as very constructive.
Source: UNCTAD.

Table 9. Documents required for trading


Import documents Export documents
1. Bill of lading 1. Bill of lading
2. Certificate of origin 2. Certificate of origin
3. Commercial invoice 3. Commercial invoice
4. Customs import declaration 4. Customs export declaration
5. Import licence 5. Insurance certificate
6. Insurance certificate 6. Packing list
7. Letter of guarantee (for transit through India)
8. Packing list
Source: World Bank Doing Business 2012 Economy Profile Bhutan; Government information.
Note: Based on a hypothetical, domestically owned firm with no foreign ownership and the shipment of a 20-foot dry-cargo container filled with
10 tons of traded goods. Costs reflect all official fees, but do not include customs tariffs and duties or costs related to ocean transport.
For more information see www.doingbusiness.org/methodology/trading-across-borders (last accessed December 2011).

30 I An investment guide to bhutan Opportunities and Conditions 2013


Exit order to implement the provisions of the 1992
Convention on Biological Diversity, to which
The investor is free to exit from a venture in
Bhutan is a party.
accordance with the Bhutanese law. There
are no limitations posed on disinvestment. Bhutan is a member of the World Intellectual
Investors have the right to fully repatriate their Property Organization and has signed the
invested capital and any capital gains secured. 1883 Paris Convention for the Protection of
Industrial Property, the 2000 Madrid Agreement
concerning the International Registration of
Rights of investors Marks, and the 1886 Berne Convention for the
Protection of Literary and Artistic Works.
Equal treatment and protection of property
Dispute resolution
Foreign investments registered under Bhutans
2010 FDI Policy are subject to the same laws, Bhutan is actively working with international
rules, and regulations as any domestic venture. partners to implement global best practices
in dispute resolution. At present, it has not
Regarding nationalisation, expropriation or any yet signed the 1966 International Convention
other measure taken which has the effect of on the Settlement of Investment Disputes
nationalization and expropriation or otherwise between States and Nationals of Other States
curtailing the rights of the foreign investor, (the ICSID or Washington Convention) or the
the 2010 FDI Policy guarantees that the 1958 Convention on the Recognition and
Government will carry out such measures only Enforcement of Foreign Arbitral Awards (the
in a non-discriminatory manner. The law also New York Convention). Bhutan has not yet
provides that in such cases the compensation incorporated the provisions of the United
paid will be prompt, adequate, effective and fair. Nations Commission on International Trade
Law, Model Law on International Commercial
Intellectual property rights protection Arbitration into its national domestic legislation.
Bhutan has signed and ratified the 2005
Intellectual property rights legislation in Bhutan
Agreement on the Establishment of SAARC
covers copyrights, patents, industrial designs,
Arbitration Council, which is currently being
trademarks, traditional knowledge and plant implemented by the SAARC member States
variety protection. and will provide a reliable instrument at the
Copyrights are governed by the 2001 regional level.
Copyright Act, which sets out the conditions As a result, the current framework does not
to receive domestic copyright protection. yet allow access to an international arbitration
Patents, industrial designs and trademarks procedure with legally binding and enforceable
are governed by the 2001 Industrial Property arbitral awards. However, the 2010 FDI Policy
Act. The Intellectual Property Division of the provides that investors have the option of
Ministry of Economic Affairs is responsible ad-hoc dispute settlement using good office,
for the implementation of the Copyright Act mediation, conciliation and arbitration, or as
and the Industrial Property Act, and efforts per the mutually agreed framework between
are underway to ensure that these laws are the parties. The policy also provides that parties
operationalized. In this regard, registries now also have the option to adjudicate their dispute
exist for copyrights, trademarks and industrial before the Royal Court of Justice of Bhutan.
designs. Plant variety protection and traditional It is not clear, however, to what extent arbitral
knowledge related to biological resources are awards can be enforced in this framework.
governed by the 2003 Biodiversity Act, which
is administered by the Ministry of Agriculture.
A gene bank has been established and efforts
Repatriation of dividends and capital
are currently underway to establish a national Bhutans capital account is not fully liberalized.
access and benefit sharing policy under which The Government maintains a strict foreign
traditional knowledge will be documented in exchange regulation scheme. Exchange

An investment guide to Bhutan THE REGULATORY ENVIRONMENT I 31


Safety instructions at a joint venture site of the SKW Metallurgie Group in the industrial zone Pasakha, Phuentsholing, Bhutan.

controls are not applicable to the Indian rupee, Constitution: The State shall encourage and
which circulates freely in Bhutan. For investors, foster private-sector development through fair
the 2010 FDI Policy includes relevant provisions market competition and prevent the growth
on the repatriation of dividends and capital. of commercial monopolies. Two laws (1995
Rules and Regulations for Establishment and
Registered foreign investors to Bhutan are Operation of Commercial Ventures and 2006
entitled to a foreign currency account with one Micro, Retail and Wholesale Trade Regulation)
of Bhutans commercial banks. Investors are govern domestic commerce, but do not contain
generally allowed to repatriate any invested concrete provisions on competition policy. To
capital as well as capital gains in the original remedy to this, the Government with assistance
currency of investment. Subject to the relevant from UNCTAD has prepared a competition
taxes, net earnings can be repatriated in their policy paper which, when adopted by the
respective currency. For dividends earned cabinet, will be applied by all line Ministries and
in ngultrum through investment ventures in sector regulators so as to ensure coherence
the priority service sectors (see appendix 1), between the various economic policies and the
investors can purchase up to US$5 million per development of a well functioning market.
year from Bhutans Royal Monetary Authority
for the first ten years of operations. In this regards, issues of bid rigging and public
procurement have been handled by the ACC,
created in 2006 under the Anti-corruption Act
Competition policy
of Bhutan. The ACC established a committee
Given the countrys small industrial base, Bhutan comprising all relevant stakeholders to put in
currently does not have a comprehensive place guidelines for public procurement policies
legislative framework for competition policy that will ensure transparency, prevent bid
or formalized antitrust regulations. The riggings or illegal practices. In order to prevent
basis for government anti-trust interventions corruption in the construction sector, the ACC,
derives from Article 9 paragraph 10 of the in conjunction with the Royal Audit Authority

32 I An investment guide to bhutan Opportunities and Conditions 2013


and the Ministry of Finance, revised the scrutinizes potential investment projects in 20 I Note that economy-wide
and sector-specific
procurement manual and bidding documents. terms of their impact on domestic competition fiscal incentives,
during the formal FDI approval procedure. including tax holidays,
Bhutans Department of Trade has in the past are discussed below.
taken small-scale, ad-hoc steps to increase
competition and protect Bhutanese consumer
interests. Additionally, Bhutan has several Tax system
sectoral regulatory agencies, most importantly
in ICT (Bhutan InfoComm and Media Authority) Foreign investment ventures are taxed under
and electricity (Bhutan Electricity Authority). the same rules and rates as any domestic
company. The legislative framework for
In 2012, the Consumer Protection Bill Bhutans tax system is provided by the Income
was adopted in parliament. This law is Tax Act of 2001 and its amendments as well as
comprehensive and covers the rights and the Sales Tax, Customs and Excise Act of 2000
responsibilities of consumers, misleading and its corresponding rules. The principal taxes
advertising and false representations, safety include a business/corporate income tax, a
standards for goods and services and personal income tax, a property transfer tax,
guarantees with respect to title, quality and the Bhutan Sales Tax, and a municipal tax.20
matters such as manufacturers guarantees.
The law also set up an institutional framework Corporate income tax (CIT)
for enforcement at the national and the local
levels (Dzongkhag). All FDI ventures incorporated under the
Companies Act of Bhutan are subject to
In the absence of a formalized competition Bhutans CIT. Bhutan levies a 30 per cent tax
policy it can be assumed that the Government across all sectors and income classifications.

Table 10. Summary of tax rates


Statutory rate Tax base
Business income tax 30% Net profit
CIT 30% Net profit
Property transfer 5% Sale value of the property
Rural land tax 0.2% to 2.5% Land value
Personal income tax
below Nu 100,000 0% Income
Nu 100,001250,000 10% of amount by which net taxable income exceeds
Income
Nu 100,000
Nu 250,001500,000 Nu 15,000 plus 15% of amount by which net taxable
Income
income exceeds Nu 250,000
Nu 500,0011,000,000 Nu 52,500 plus 20% of amount by which net taxable
Income
income exceeds Nu 250,000
Nu 1,000,001 and above Nu 152,500 plus 25% of amount by which net taxable
Income
income exceeds Nu 1,000,000.
Bhutan sales tax on domestic goods and services
Hotel services 10% Selling price of goods or services
Cable TV/cinema 30% Selling price of goods or services
Beer 100% Undiscounted price of goods or
services
Cement 5% Selling price of goods or services
Aerated Water 30% Selling price of goods or services
Source: Bhutan Ministry of Finance.

An investment guide to Bhutan THE REGULATORY ENVIRONMENT I 33


Personal income tax Double taxation agreements
Personal income tax rates for citizens and Bhutan does not yet have any double taxation
residents are at a progressive rate ranging avoidance agreement. It is a signatory of the
between 0 per cent and 25 per cent (see SAARC Agreement on Avoidance of Double
table 10). Taxable income includes: Taxation and Mutual Administrative Assistance
on Tax Matters. Since ratification in 2006, the
(a) Salary income including non-licensed con-
Government is actively working to implement its
sultant fees;
provisions. To this end, Bhutan has held three
(b) income from real property;
successful rounds of negotiation with India.
(c) dividend income;
(d) interest income from fixed deposits;
(e) income from cash crop;
(f) income from other sources. Incentives for investors
Expatriate employees are fully liable to Bhutans Fiscal incentives
income tax.
Any FDI venture incorporated in Bhutan is
entitled to the same incentives that apply to
Bhutan sales tax any domestic business. Specifically, the 2010
Sales tax is collected by a sales tax collecting Economic Development policy differentiates
agent at the point of sale for selected goods/ between general incentives and sector-specific
services and at the point of entry of most goods. incentives that are applicable to the priority
Tax rates range from 5 to 100 per cent (see sectors listed below and in appendix 1.
table 10), although some goods and services
are zero rated or exempt from taxation. General fiscal incentives for all investors
include:

Fiscal administration and calendar Custom duty and sales tax exemption for
import of machinery (except spare parts)
The tax year in Bhutan runs from 1 January to
directly related to the manufacturing of
31 December. Firms must file their tax returns
a product or utilized in the provision of a
(using form CIT-2 for entities incorporated
licensed service valid for manufacturing and
under the Companies Act) to their regional
service industries until the end of 2019.
revenue and customs office on or before
31 March following the tax year. A unique Sales tax exemption on import of permissible
taxpayer number, which is allocated at the time raw materials and primary packaging
of company registration, must be quoted in all materials valid for manufacturing industries
tax filings. until the end of 2019.

Vegetable vendor at the green market in Lobesa, Bhutan.

34 I An investment guide to bhutan Opportunities and Conditions 2013


Indian Oil petrol station, Bhutan.

Corporate or business income tax exemption Non-fiscal incentives


for export earnings in convertible currency by
Other than the tax incentives, the 2010 FDI
manufacturing units valid for businesses
Policy aims to provide facilitation services and
established until end of 2015 for a period of
administrative simplifications for prospective
ten years, not valid for ventures in the tourism
investors. All sectors and activities prioritized by
sector.
the Government are fast tracked for approval
Reinvestment allowance as tax deductible and clearance procedures. For prospective
expense for up to 25 per cent of total investors in the areas of tourism and ICT, a
reinvestment valid for all new investments single window clearance scheme has been
undertaken until end of 2015. established at the Tourism Council of Bhutan
Research and Development expenditures are and the Department of Information Technology
fully tax deductible. and Telecom, respectively. Additionally, the
Government designated FDI focal points across
Companies undertaking capital investments to all agencies relevant to foreign investors. The
over-comply with environmental standards are Government is currently assessing the need to
allowed an income tax rebate of 15 per cent of formalize its investment promotion activities in
upgrade expenditures. a statutory investment promotion agency.

All incentives related to exports of goods or As described above, the 2010 FDI Policy also
services are only applicable if the share of value entitles investors to employment permits for a
added is at least 40 per cent. minimum of five expatriates.

An investment guide to Bhutan THE REGULATORY ENVIRONMENT I 35


Colourful painting of a Bhuddist theme as wall decoration in a building, Bhutan.
Areas of opportunity
Bhutan is welcoming private-sector invest
ments and PPPs in a number of sectors
Tourism
including infrastructure, tourism, information
Bhutans tourism potential lies in its unique
and communications technology, education,
value propositions of pristine and untouched
and agribusiness. Tourism has been one of the
nature, rich and living culture, and mental
main drivers in the development of a vibrant
and spiritual wellness (also see box 5). The
private sector and one of the Governments
countrys all-embracing GNH philosophy is
foremost priorities. In addition, Bhutans
a tourist attraction in itself and the guiding
authorities are open to other innovative project
principle for the Governments high value,
proposals given they are in line with the
low impact tourism strategy, which positions
countrys GNH development philosophy. One
Bhutan as an exclusive destination while
such example from the agricultural sector is the
preserving the countrys natural and cultural
Bhutan Mountain Hazelnut Venture described
heritage. A central feature of this approach is
in box 8.
a price floor that requires every tourist to pay
The following sections provide a description of a minimum daily all-inclusive package rate
some of Bhutans most attractive sectors for of US$250 per day per person. (Package
investment. A full listing of the priority sectors is cost includes: accommodation in a minimum
provided in appendix 1. three star category accommodation, meals,

Taktsang Palphug Monastery, also known as The Tiger's Nest, Bhutan.

An investment guide to bhutan Areas of opportunity I 37


transport, guides and equipment for trekking.) arriving in spring (March to May) and autumn
All aspects of tourism policy and regulation are (September to November). More than 40 per
coordinated by the countrys central tourism cent of tourists came from Europe, about a
authority, the Tourism Council of Bhutan (TCB). third from the Asia Pacific region, and some
23 per cent from North America. The number
The number of visitor arrivals climbed to a total of tourist arrivals from the Asia Pacific region
of some 64,000 visitors in 2011of which non- has increased recently and is expected to
regional tourist arrivals accounted for about further grow with the launch in 2012 of direct
37,000. Under its Accelerating Bhutans flights connecting Bhutan with Singapore and
Socioeconomic Development project, Bhutan Mumbai. In terms of single countries, visitors
aims for a strong increase from tourists in the from the United States still form the largest
Asia region, for which new flights are being put in group of arrivals, followed by Japan, the United
place. In line with a constantly growing number Kingdom, Germany, and France (see figure 4).
of arrivals, revenues from international tourists
have increased accordingly from just about In addition to the more traditional offerings in the
US$2 million in the late 1980s to about US$48 area of cultural tourism, which include guided
million in 2011. In 2009, hotels and restaurants tours to Bhutans numerous monasteries and
contributed about 2.21 per cent to Bhutans temples as well as visits to cultural festivals,
GDP. Considering the industrys strong forward the TCB is developing new products and
and backward linkages, this figure likely investment opportunities in the areas of niche
understates the true economic benefit and job- adventure tourism, safari-like ecotourism
creation potential of the countrys sustainable and wellness. In 2009, about 90 per cent of
tourism strategy. Overall, fast growth of the tourists came mainly for cultural or recreational
tourism sector gives rise to numerous other holidays, and about 10 per cent came mainly
opportunities in complementary services such for trekking. Tourists spend an average of
as transport, telecommunications, banking, US$330 per person per day and stay for an
insurance and other business services. average of eight days.

Arrivals are subject to strong seasonal variation Currently, most of Bhutans hotel capacities
driven by weather and the occurrence of are located in the western circuit around
cultural festivities, with the majority of tourists Paro, Thimphu, and Punakha. The region is

Woman in traditional dress turning prayer mills at the Chimi monastery, Lobesa, Bhutan.

38 I An investment guide to bhutan Opportunities and Conditions 2013


Figure 4. Tourist nationalities by region over time and by country in 2009

Tourist nationalities by region over time Top 10 tourist nationalities in 2009


100%
Other
21%

80% Asia and Pacific


13%
27%

8%
60%
North America
3% 7%
3%
4% 5%
4% 5%
40%

United States Thailand


Japan Australia
20%
Europe United Kigdom Netherlands
Germany Australia
France Netherlands
0% China
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Source: UNCTAD secretariat calculations, based on Tourism Council of Bhutan last supplied figures.
Note: Figures only include international tourists paying in convertible currency.

home to several cultural festivals (Tsechus) Hospitality in cooperation with the University of
and numerous religious sites, including the Applied Sciences of Salzburg in Austria. The
prominent Tigers Nest temple complex. institute offers a two-year diploma programme
It is also the region that is easiest to access in tourism and hotel management and aims
for international tourists. In addition, there at improving vocational training for tourism
are several hiking and cross-country cycling related services.
trails. Accordingly, international luxury hotel
chains have successfully established high- Across all of its sectoral development initiatives
end properties in this region (see box 6 for an the Government sees foreign investors at
investor story about Amanresorts). All in all, of the heart of Bhutans tourism industry and
the 119 hotel properties registered with the promotes investments into four- and five-star
TCB in 2010, eight were rated as five-star and hotels and resorts throughout the country. The
five were rated as four-star accommodations. Government aims to broaden Bhutans tourism
Guest relations and logistics were handled by portfolio not only to include new regions and
676 licenced domestic tour operators. seasons, but also to diversify tourist activities.
Investors are particularly encouraged to
Realizing the great potential of tourism as a focus on nature-based activities, including
driver for socioeconomic development, the adventure tourism (rafting, trekking, mountain
Government pursues an ambitious and com- biking, ballooning) and safari-like ecotourism
prehensive development strategy. The strategy (camping, wildlife, bird and butterfly watching).
aims to further develop the destination Bhutan Based on the countrys strong Buddhist
as a well-recognized brand, create a supply of heritage, the TCB also promotes spiritual
high-end hotels, and provide necessary ame- wellness and spa offerings. Moreover, there is
nities and infrastructure, particularly aviation. scope for development of hospitality services
A cross-cutting development project for the for meetings, incentives, conferencing, and
tourism sector is the Accelerating Bhutans exhibitions.
Socioeconomic Development initiative (see
box 7). To improve the supply of skilled labour In terms of regions, the Government aims to
for the tourism sector, the Government has promote a more diversified tourist offering in
established the Royal Institute of Tourism and Bhutans central, south and eastern regions.

An investment guide to bhutan Areas of opportunity I 39


21 I The development of While the current tourist hub of Paro/Thimphu/ Bhutans remote eastern region in Trashigang
five-star hotels with full
ownership requires a
Punakha offers a mix of all products throughout and Trashiyangtse can be visited throughout
minimum investment the year, the TCB aims to develop three more the year and could serve as an unexplored
of Nu 200 million; the circuits with differentiated appeal. It envisages hub for community-based tourism offerings
development of four-
star hotels requires a to establish Bumthang and Trongsa as and as untouched retreat for meditation and
minimum investment Bhutans cultural heartland with numerous wellness. The region is home to the remote
of Nu 25 million and
a maximum of 74 per
cultural festivals (Tsechus), the ancient Nabji twin villages of Merak and Sakten, where the
cent of foreign equity pilgrim site and community-based trekking in semi-nomadic brokpa people herd yaks on the
ownership. See 2010 the Jigme Singye Wangchuck National Park,
FDI policy, schedule II
open pasture. In addition, there are a variety of
for details. several mountain biking trails, the Jambey and hiking trails as well as bird and wildlife viewing
Kurjey Lhakhang temples, and the Duer hot opportunities. Access to this region is possible
spring. The Bumthang region can be accessed via the Yongphula Domestic Airport.
via the newly constructed Bumthang Domestic
Airport (Bathpalathang airport), located close Bhutans current FDI policy allows up to
to the village of Chamkhar. 100 per cent ownership of projects establishing
luxury hotels and resorts (five stars and above)
South of the Bumthang/Trongsa region lies and up to 74 per cent ownership of projects
the Royal Manas National Park, the oldest and
establishing four-star hotels. The Government
most important protected reserve in Bhutan.
also allows full foreign ownership for the
Managed under a comprehensive conservation
development of outdoor sports and recreational
plan, the 1,057 square kilometre park is home
facilities.21
to tigers, leopards, rhinos, and elephants as
well as a wide variety of bird species. In this Beyond the general provisions for foreign
region, the TCB would like to promote tourism investors, the Government provides sector-
products with a focus on safari-like ecotourism, specific fiscal and non-fiscal incentives,
complemented with bird watching and outdoor including:
activities like river rafting. In addition to the
impressive ecosystem, the region offers hot Ten-year income tax holiday for high-
springs and a variety of hiking, cycling, and end hotels and resorts established until
rafting trails. December 2015;

Box 5. Bhutans rich natural and cultural heritage as an attraction for tourists
Despite being a small country, Bhutan boasts a diverse and rich cultural heritage rooted in Buddhist values and traditions.
Buddhism is vibrant and alive in Bhutan, with religious sites such as monasteries, prayer wheels, and stupas dotting the country.
Paro Taktsang, an elaborate temple complex commonly known as Tigers Nest, is probably the best recognized temple in Bhutan
and has to some extent become a cultural icon for the country.

Tourists can experience Bhutans well-preserved traditions through numerous festivals and rites taking place throughout the
year. Many villages have unique multi-day celebrations for various occasions, most of which include colourful mask dances or
other performances. The most widely known of these festivals is Tshechu, which not only constitutes an important religious
celebration, but also serves as yearly social gathering for villagers.

Bhutans ubiquitous Dzong architecture and traditional clothing are equally proof of the countrys living traditions. After gradually
and carefully opening to the outside world, the preservation and promotion of Bhutans heritage remains one of the central
endeavours of the King. Given the countrys long isolation and well-preserved traditions, it is sometimes described as a mythical
Shangri-La.

The Kingdoms natural heritage is equally impressive, with dramatic valleys and vast woodlands. Bhutans biodiversity, including
its complex forest ecosystems, various streams, and marshlands, is preserved through numerous parks and reserves. In addition
to its unique flora, Bhutans fauna boasts a wide range of species including leopards, Bengal tigers, pandas, langurs, bears and
a variety of deer. Bhutan is also host to 16 bird species that are endangered worldwide, including the white-bellied heron and
the Pallass fish eagle.

Sources: UNCTAD secretariat, Tourism Council of Bhutan.

40 I An investment guide to bhutan Opportunities and Conditions 2013


Box 6. Investor story: Amanresorts Amankora luxury lodges across Bhutan
Amankora Resorts represents a success story for Bhutans high-end tourist industry. Amankora, which derives its name from
aman Sanskrit for peace and kora Dzongkha for circular pilgrimage operates five lodges throughout Bhutans
western and central valleys. The venture is part of Amanresorts, a chain operating 25 exclusive boutique hotels around the world
in often remote, natural settings. Most of Amankoras roughly 2,000 annual guests hail from the United States and Europe. In
addition to Amankoras wholesale operations, local tour companies bring in an additional 20 to 25 per cent of guests.

Established in 2001 with a US$10 million participation of the International Finance Corporation, the US$26 million venture
now employs about 400 Bhutanese across its five lodges. Its business model capitalizes on the unique value proposition of
Bhutans tourism sector: nature, culture, and wellness. Instead of just visiting a specific lodge, guests are invited to embark on
an individually tailored journey that will visit all of Amankoras properties across Bhutan. Amankora was the first foreign company
allowed to open a series of properties in Bhutan. Based on this network of lodges, guests can tour the numerous cultural or
religious sites, go on treks throughout the country, or visit one of the local communities. The properties also feature wellness,
meditation, and spa facilities influenced by Bhutans spiritual heritage.

Consistent with Bhutans tourism approach of high value, low impact and mandated by the International Finance Corporations
environmental standards, Amankora lodges are built in an ecofriendly manner, tours are designed to minimize the environmental
impact, and hotel operations aim to integrate with the local economy and community.

Source: UNCTAD secretariat interviews, Amanresorts.

Box 7. Accelerating Bhutans socioeconomic development tourism projects


Bhutans Gross National Happiness Commission secretariat targeted tourism as one of six key sectors to stimulate economic
growth and generate jobs, with a sector-specific goal of attracting 100,000 tourists and generating 25,000 direct and indirect
jobs.

Targets include:
Development of two to three additional tourist circuits including the development of new products (see box 5 above);
Establishing a domestic aviation network with airports in Yonphula in the very east of the country, Bumthang in the centre,
and Gelephu in the south;
Identification of around 500 acres (approximately 202.3 hectares) of land in the new tourist circuits. Various models of creating
quality supply are planned, for example, partnerships between communities and private sector. International investors are
envisaged to play a key role in the development of high-end supply;
Expanded tourist amenities like road permit waivers and electronic payment systems;
Review of current tourist accommodation including the introduction of a star-based rating system. As of January 2012, only
accommodations rated 3 stars or above will be allowed to host tourists;
Improved price transparency and flexibility;
Streamlined tourism governance, including through an improved mandate and legal standing of the TCB as the countrys
foremost tourism development body. The reinforced TCB will subsequently develop a comprehensive National Tourism Strategy.

Recent successfully implemented reforms include the launch of credit card facilities, simplified visa processing, the launch of a
new cultural tourism product in the east, and a newly implemented star rating system.
Sources: TCB, the GNH Commission secretariat, Accelerating Bhutans Socioeconomic Development initiative website at www.gnhc.gov.
bt/absd (last accessed December 2011).

Exemption of customs duty and sales tax ares) of earmarked land for tourism develop-
on imports of outdoor equipment, kitchen ment, available for a renewable lease period
equipment, hotel furniture, fixtures and of up to 30 years;
selected goods;
F
 ast-tracked, single-window clearance
Full repatriation of dividends in the currency process for tourism-related projects through
of earnings; the Tourism Council of Bhutan, including for
Up to 500 acres (approximately 202.3 hect- the leasing of new land.

An investment guide to bhutan Areas of opportunity I 41


22 I A sian Development Power generation the initiative to develop an additional capacity
Bank 2010, "Preparing of 10,000 megawatts by 2020. Ten projects
the rural renewable
energy development The country has a vast capacity for will be built through an intergovernmental
project", appendix A, hydropower generation. With its deep valleys loan/grant scheme and through joint ventures
paragraph 10. with Indian Public Sector Undertakings, under
and swift rivers, the countrys topography
lends itself to the development of run-of-the- the programme to add 10,000 megawatts
river type hydropower projects. Since 1974, of capacity by 2020. Surplus power from
when the first major project was undertaken these power plants, that is, after meeting the
in cooperation with the Government of India, countrys internal demand, will be exported
hydropower has become the primary source of to India. Additionally, Bhutans State-owned
energy for meeting domestic energy demand. hydropower company DGPC is also involved
Most importantly, export revenues from in construction of 126 megawatts Dagachhu
water-generated electricity have become the Hydroelectric plant which is being build under
main engine of growth for Bhutans economy the PPP model. (see table 11 for hydropower
and the platform for broad socioeconomic projects that are installed and planned for
development. As per the National Revenue construction by 2020).
Report of 201011, the hydropower sector
Since Bhutan has abundant hydropower
has contributed about 19.3 per cent of the
potential and is not endowed with fossil fuels,
total revenue. Hydropower continues to be
electricity generation by diesel or other non-
dominated by Bhutans close ties with India,
renewable sources is negligible. For non-
which acts as a financier, provides technical
electric applications, firewood has traditionally
assistance, and imports a vast share of the
been the main source of energy, with about
produced electricity.
1 million to 1.2 million tons being consumed for
The installed capacity of the existing four cooking and heating every year. Additionally,
hydropower plants stands at 1,480 megawatts, liquefied petroleum gas and kerosene are
which accounts for about 5 per cent of the total imported for cooking, heating and lighting.22
hydropower potential of the country. Actual The countrys transport sector is solely driven by
generation, however, is strongly dependent on imported petrol and diesel. In context of its rural
seasonal water flows. In Bhutans dry winter electrification programme, the Government
season from November to February, when river currently explores other renewable energy
flows decrease sharply, generation capacity sources such as solar, wind, and biomass.
drops to about 288 megawatts, while domestic
demand has reached up to 274.24 mega Household access rates to electricity remain
watts in February 2012. Given that the low, making electrification programmes
increase in domestic demand is expected to an important development priority for the
exceed generation very shortly, short-term Government. As of 2008, only 54 per cent of
government measures to address the issue rural households had access to electricity. In
of winter peak time shortages are currently mid 2011, the Government provided access to
being discussed and include imports from 73 per cent of all households and is on track to
India, the temporary diversion of streams, achieve full rural electrification by 2013.
the construction of reservoirs and improved
Electricity also accounts for a significant
load balancing. Further, due to construction
share of government revenues under the
of mega hydroelectric power plants, which
existing intergovernmental agreement with
require construction power, the government
neighbouring India. After the first turbine of
is finalizing import of power from India during
the Tala plant was commissioned in 2006,
the lean season through energy banking
government hydropower revenue has roughly
arrangement with a neighbouring Indian utility.
doubled and the share of revenue generated
Expansion of generation capacity will help to by exports to India has stabilized at over 90 per
redress peak time shortages and continue to cent. Future hydropower projects will continue
drive economic growth and development. The to underpin this significant revenue stream (see
Royal Government of Bhutan has embarked on figure 5).

42 I An investment guide to bhutan Opportunities and Conditions 2013


Table 11. Hydropower generation capacity installed and planned
Project Installed/projected capacity Status Completion/construction schedule
Chhukha 336 installed 1998
Basochhu 64 installed 2004
Kurichhu 60 installed 2002
Tala 1020 installed 2006
Puna-I 1200 under construction 20082016
Puna-II 1020 under construction 20102017
Mangdechhu 720 under construction 20102018
Sankosh 2560 projected 20122021
Amochhu 540 projected 20122019
Kuri-Gongri 3400 projected 20142023
Chamkharchhu-I 770 projected 20122021
Bunakha 180 projected 20122018
Wangchhu 570 projected 20122020
Kholongchhu 600 projected 20122019
Source: Bhutan Royal Monetary Authority, Annual Report 20092010; Government information.

Figure 5. Government hydropower revenue, by generation source (left axis) and market
(right axis, percentage of total hydropower revenue)

16000 100
Ngultrum million, current

14000
% share of export revenue (right axis)
12000 90

10000

Chukha plant Kurichhu plant


8000 80
Basochu plant Tala plant

6000

4000 70

2000

0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Source: UNCTAD secretariat calculations, based on Royal Monetary Authority of Bhutan Annual Reports 2006/2007 and 2010/2011.

Infrastructure of numerous industrial facilities as well as


residential and non-residential buildings. The
Bhutans rapid socioeconomic development construction sector represented about 12 per
and urbanization in recent years put pressure on cent of overall economic activity in 2009 and
the countrys physical infrastructure, requiring construction related commodities continue
expansion and upgrading of the countrys to account for a significant share of Bhutans
transport network and the construction trade balance.

An investment guide to bhutan Areas of opportunity I 43


Given the lack of both technical capacity as up to 26 per cent foreign ownership. It also
well as skilled labour in domestic construction prescribes that government-owned companies
companies, numerous opportunities open up such as DHI, the sovereign development
for foreign investors in the design, construction and holding company, have to follow fair and
and operation of large-scale infrastructure and transparent bidding procedures similar to
general building projects. Significant demand the provisions set out in the framework. The
exists for projects in the areas of airport framework provides flexibility with regards to
infrastructure, highways, bridges, viaducts, the contractual design and partnership model
elevated highways, tunnels, ropeways/ (including but not limited to build-operate-
cable cars, logistics facilities such as dry transfer, build-own-operate-transfer, build-
ports, land reclamation, geotechnical and operate-lease-transfer). The Government is
hydraulic engineering, sewerage infrastructure, also working on development of PPP Policy
water management, residential buildings, with the World Banks support.
and recreational facilities. Bhutans rugged
topography, widespread surface erosion, and Irrespective of the specific contractual
extreme weather conditions pose significant arrangements, all fiscal and non-fiscal incentives
construction challenges and open opportunities granted to investors under the provisions of the
for specialized international contractors. 2010 Economic Development Policy and the
2010 FDI Policy are fully applicable.
In 2010, the Government formalized a
framework for the implementation of infra
structure projects through PPP models. The
framework provides for a transparent and
Agriculture and related
competitive procurement process following industries
internationally accepted practice. In addition,
the framework allows the Government to There is scope for a variety of foreign direct
choose PPP investors as strategic partners investments in the commercial agricultural
without selection process for ventures with sector and related industries, including in

Landscape with paddy rice fields in the Paro valley, Bhutan.

44 I An investment guide to bhutan Opportunities and Conditions 2013


Figure 6. National agricultural production in 2010, by commodity

Of which
Potato 56.2%
Chili 8.6%
Of which Vegetables, Ginger 5.2%
spices, oilseeds Other 30.0%
Paddy 49,9% 27%
Maize 40.1% Cereals
Wheat 3.4% 48%
Other 6.6%
Of which
Fruits
25% Mandarin orange 72.2%
Apple 10.1%
Areca nut 10.0%
Other 7.7%

Source: UNCTAD secretariat calculations, based on data from Bhutan Ministry of Agriculture and Forests/Food and Agriculture Organization
CountrySTAT database.

organic farming, biotech, poultry and dairy (mainly mandarin oranges and apples) and
farming, floriculture, apiculture, and horticulture. potatoes. Figure 6 provides an overview of
While the countrys physical infrastructure agricultural commodities produced in 2010.
and a lack of skilled labour are still concerns
for larger-scale commercial operations, a The commercialization of agriculture is one
significant number of farmers already engage of Bhutans primary development goals and
in the production of cash crops such as fruits investors can expect the Government to be very

Box 8. The Mountain Hazelnut Venture a large-scale agricultural FDI project


The Mountain Hazelnut Venture, incorporated in July 2010, imports hazelnut plantlets from neighbouring China in order to
produce and process a large number of high-quality hazelnuts for export. The Venture aims to invest about US$30 million for
planting around 10 million hazelnut trees in an area of 20,000 acres (8093.7 hectares) in Bhutans remote eastern districts.
When the project reaches maturity in six to eight years it could produce and export between 20,000 to 40,000 tons of hazelnuts
annually. This would represent between 3 to 5 per cent of the global market, which produced about 726,400 tons of hazelnuts in
2010/2011 and is currently dominated by Turkey and Italy. By 2020, hazelnuts could account for a significant share of Bhutans
exports.

The true value of the project, however, lies beyond its commercial operations. The venture, which is managed by a team of less
than a dozen expatriates and Bhutanese nationals, is aligned with Bhutans development priorities and might eventually benefit
between 10,000 and 15,000 households in the countrys most remote areas. The Venture works closely with rural communities
to plant the hazelnut trees. It also trains and supports local farmers in tending and harvesting the steep slopes. The Venture
then buys back the nuts at a guaranteed price and transports them to a central processing facility, which will be set up in one
of Bhutans industrial hubs.

Overall, the Government of Bhutan and the Mountain Hazelnut Ventures chairman and founder Daniel Spitzer, an American social
entrepreneur, hope to address the issue of ruralurban migration by enabling farmers to generate a reliable and sustainable
income without having to leave their traditional communities. The project also hopes to reduce soil degradation and improve
rural market access, both in terms of infrastructure as well as financing. In addition, the Venture pledged to contribute 20 per
cent of net earnings to a Bhutanese trust fund.

The Mountain Hazelnut Venture is an example for an innovative investment project that builds on Bhutans natural environment,
which is climatically favourable for the cultivation of hazelnuts, abundant labour, and very supportive Government.
Source: UNCTAD secretariat interviews, Forbes Asia Magazine.

An investment guide to bhutan Areas of opportunity I 45


supportive of relevant FDI project proposals. ITES) feature prominently in the Governments
An example is the Mountain Hazelnut Venture private-sector development initiatives. The
described in box 8. The Government is also sector can effectively capitalize on Bhutans
undertaking institutional reforms to facilitate strengths of high political stability, abundant
investments, including an improved framework and sustainable electricity, low unit labour
for agricultural financing and a comprehensive costs and an English-speaking population.
overhaul of the countrys land use policy that
would enable investors to gain easier access Opportunities for investors include outsourcing
to large parcels of arable land. of data centres, software development,
business process outsourcing in the areas of
As one of the Governments priority sectors, back office operations, transaction processing,
investments in the agricultural sector are content development, design and animation,
eligible for sector-specific fiscal incentives. geographic information system services, and
These include an exemption from sales tax related sectors, both for export as well as for
and import duties for all farm machinery and domestic consumption. Further opportunities
any other agricultural inputs as well as a might arise in up- or downstream services.
10-year income tax holiday for commercial
farming and related processing of its products As part of the Governments efforts to create
units established until end 2015. FDI projects a favourable environment for foreign IT
engaging in commercial farming of organic investors, the Thimphu TechPark has been
crops are eligible for a 15-year tax holiday. developed as a flagship ICT project near the
countrys capital. The project was designed
and financed in cooperation with the World
Bank and is currently being implemented as
Information and a PPP between the Governments holding
communications technology company DHI and a property development firm
from Singapore. The first development phase,
In addition to mainstreaming ICT as a tool providing 50,000 square feet of office and data
to improve public service delivery and centre space across a five-acre campus, was
governance, IT and IT-enabled services (IT/ completed in November 2011. The complex

IT training at the Rigsum Institute of Information Technology and Management (RIIT&M), Thimphu, Bhutan.

46 I An investment guide to bhutan Opportunities and Conditions 2013


is precertified with a Leadership in Energy and T
 en-year tax holiday for the operation of IT/
Environmental Design platinum rating. Later ITES businesses within the tech park and
stages aim to provide 250,000 square feet exporting 80 per cent of their products or
spread over 18 acres. The parks infrastructure services;
includes fully serviced offices and warm shell
E
 xemption of customs duty and sales tax on
space with power and mains redundancy, by
imports of computers, related hardware and
lease or by licence, and a variety of business
software;
facilities such as a shared conference
centre, videoconferencing facilities, and a R
 epatriation of dividends in the currency of
centralized online platform for printing, postal earnings.
and transport services. To support smooth
The Government also aims to further improve
operation of the tech park, the Government
the regulatory regime for IT/ITES businesses,
continues to improve the countrys general
particularly in the areas of data security, privacy
telecommunication infrastructure, including
and intellectual property. The Government
through the opening of a second international
is working with the relevant international
telecom gateway in the South of the country. In
organizations to revise its intellectual property
the longer term, the Government considers to
law (see previous chapter). In addition, efforts
set up further technology parks.
are under way to strengthen the role of the main
Parallel to the development of physical ICT industry body, the International Technology
infrastructure, the Government seeks to build Association of Bhutan, with a view to improve
a strong local talent base. It aims to increase IT the dialogue between the private sector and
literacy across schools by mainstreaming ICT- the Government. At the time of writing, 72
related elements into secondary and tertiary domestic IT/ITES firms were represented
curricula, training teachers, and setting up through the Association.
computer labs in schools. Under the auspices
of the Royal University of Bhutan, efforts are
under way to set up an IT Entrepreneurship
Development Programme as well as a distance Education
learning system for IT skills. Additional training
arrangements already exist with the private With its political stability, central location in
sector, including with global technology firm South Asia, close ties to India, English-speaking
Infosys, which trains Bhutanese software population, and natural and cultural attractions,
engineers at their corporate university in Bhutan is positioning itself as a knowledge
Mysore, India. In total, about 1,200 Bhutanese hub and an academic centre for the region.
have received professional education or Prominent in these efforts is the Education
training in IT skills. City Project, a 1,000-acre (approximately
404.7 hectares) campus designated to host
The Government has fast tracked the business secondary and tertiary academic infrastructure,
licensing process and put in place numerous residential units, cultural and recreational
incentives to attract international investors. IT/ facilities, and a sports complex. The campus
ITES ventures established in context of the tech will be strategically located in Wang Sisina,
park are granted full foreign ownership, ventures about 30 minutes away from both Thimphu
outside the park are granted a maximum and Paro. DHI Infra, the Governments
foreign ownership of 74 per cent. A single infrastructure development company, is in
window clearance process for investors has charge of the project, which will be developed
been established with Bhutans Department of in cooperation with an international investor
Information Technology and Telecom. Beyond through a design-build-finance-operate-own-
the general incentives granted to foreign transfer PPP model.
investors under the provisions of the 2010
Economic Development Policy and the 2010 The Government hopes to cater to national and
FDI Policy, the Government provides sector- international demand for higher education and
specific fiscal and non-fiscal incentives for ICT, hence aims to attract both domestic as well as
including: international investors both as tenants for the

An investment guide to bhutan Areas of opportunity I 47


Headquarters of the Royal University of Bhutan, Thimphu, Bhutan.

Education City and to establish themselves specific fiscal and non-fiscal incentives,
independently. In India, demand for high-quality including a tax holiday of 10 to 15 years from
higher education strongly outstrips supply, the actual date of operation for institutions
drawing a significant number of Indian college established until 31 December 2015, an
graduates abroad while attracting international exemption of customs duty and sales tax for
universities to set up shop in the region. Bhutan educational materials such as textbooks and
is currently soliciting expressions of interest teaching aids, a simplified visa regime for
from leading universities as well as international developers and prospective students, and a
tertiary education and vocational institutions. one-stop shop for project development.
Targeted thematic areas of studies include
biodiversity and environmental science, climate
change, sustainable development, health and
nursing, hospitality and tourism, hydropower
Government priority sectors
and energy, religious studies including Buddhist
A full listing of the priority sectors is provided in
philosophy, politics and democracy, and the
appendix 1.
study of the GNH.

In addition to the incentives granted to foreign


investors under the provisions of the 2010
Economic Development Policy and the 2010
FDI Policy, the Government grants sector-

48 I An investment guide to bhutan Opportunities and Conditions 2013


Appendices
Appendix 1. Priority Sectors, restrictions
and prohibitions

Priority sectors
Production and manufacturing
Sector Minimum Maximum Other
investment (US$) foreign equity requirements
Agro-based production:
i. Organic farming
ii. Agro processing
iii. Biotechnology
iv. Poultry
v. Fisheries 364,000 74% None
vi. Floriculture
vii. Health food
viii. Animal feed
ix. Apiculture
x. Horticulture
xi. Dairy
Forest-based production 910,000 74% None
Energy: Based on Sustainable Hydropower Policy (2008)
i. Hydropower
ii. Solar and wind
Based on Renewable Energy Policy (draft)
iii. Other renewables
Manufacturing of water-based products 910,000 74% None
Other manufacturing:
i. Electronics
ii. Electricals 910,000 74% None
iii. Computer hardware
iv. Building materials

Young woman at a traditional loom in the National Institute for Traditional Arts and Crafts Zorig Chusum, Thimphu, Bhutan.

An investment guide to bhutan Appendices I 49


Services
Sector Minimum Maximum Other
investment (Nu) foreign equity requirements

Education:
i. Primary
3.64 million 100% High end
ii. General secondary
iii. Higher

Technical and vocational institution 455,000 74% None

Health:
i. Specialized medical services
ii. Specialized dental services
3.64 million 100% None
iii. Specialized medical laboratory services
iv. Specialized diagnostic-imaging services
v. Specialized traditional medical services

Internationally known
Hotels/resorts five stars and above 3.64 million 100%
hotel chains

Four-star hotels 455,000 74% None

Infrastructure facilities:
i. Multi-dwelling residential buildings
ii. Non-residential buildings
iii. Outdoor sports and recreation facilities
such as golf courses, botanical gardens
and others
iv. Highways, bridges, tunnels and roads
v. Airfield runways/airports PPP Model wherein
vi. Industrial estates, industrial parks facility returns to
3.64 million 100%
vii. SEZs, agricultural economic zones Government on expiry
viii. IT parks of term
ix. Economic cities
x. Knowledge cities
xi. Sport cities
xii. Health/wellness centres
xiii. Dryports
xiv. Land reclamation
xv. Other similar activities

Established firms
Research and development 182,000 100% employing minimum of
5 experts

Head office services 91,000 100% None

IT and IT-enabled services: 91,000 100% None


i. IT/ITES inside IT Parks and SEZs
ii. IT/ITES outside IT parks and SEZs 455,000 74% None

Established firms
Consultancy services 182,000 74% employing minimum of
5 experts

As per Financial
Services Act.

Financial services 455,000 51% Note: RMA does not


plan to grant new
commercial banking
licences until 2013

50 I An investment guide to bhutan Opportunities and Conditions 2013


Services (cont.)
Sector Minimum Maximum Other
investment (Nu) foreign equity requirements

Construction services 1.82 million 74% None

PPP model wherein


Waste management:
facility returns to
i. Recycling of domestic waste 455,000 74%
Government on expiry
ii. Waste management services
of term

PPP model wherein


Water supply and management, urban water facility returns to
455,000 74%
treatment and supply Government on expiry
of term

Transportation and related services:


PPP model wherein
i. Green and non-fossil fuel-based
facility returns to
transportation 455,000 74%
Government on expiry
ii. Mass transportation
of term
iii. Railways, ropeways, cable cars

All sectors and activities not listed are generally open for foreign investments with a maximum foreign
equity share of 74 per cent and a minimum project investment of US$910,000 for manufacturing
and US$455,000 for services. No foreign ownership is permitted in the following sectors:

Prohibitions
Sector

Media and broadcasting

Distribution services including wholesale, retail and micro trade

Mining for sale of minerals in primary or raw form

Hotels rated three stars and below (based on criteria of the Ministry of Tourism)

General health services

Industries that do not meet the Rules of Origin requirements

Activities that violate any relevant laws of Bhutan

Activities that threaten national security and public order

Activities that have harmful effects on public health, environment and Bhutanese morals and culture

Arms, ammunitions and explosives

Production of hazardous chemicals (defined by the National Environmental Commission)

Activities based on imported waste

Production, display and sale of pornographic materials

Gambling and betting

Tobacco and tobacco-based products

An investment guide to bhutan Appendices I 51


Appendix 2. List of approved FDI projects in Bhutan

As of November 2012
Company name Activity Contact address

G4S Security Services Private security G4S Security Services (Bhutan) Pvt. Ltd.
(Bhutan) Pvt. Ltd. services P.O. Box: 740
Lower Chhubachu
Thimphu
Tel-333444; Fax-324837
Saint Gobain Ceramic Silicon carbide Saint Gobain Ceramic Materials Bhutan Pvt. Ltd.
Materials Bhutan Pvt. Ltd. Point of contact: Mr. Avijit Sarkar (Finance Manager)
P.O. Box: 275
Plot No. L-14
Pasakha Industrial Estate
Pasakha
Tel-261166/261212; Fax-261339
SKWTashi Metal and Alloys Calcium Silicon SKWTashi Metal and Alloys Pvt. Ltd.
Pvt. Ltd. Point of contact: Mr. S.N. Golder
TCC Complex
P.O. Box: 382
Phuentsholing
Tel-25296; Fax-25296
Met Trade Bhutan Ltd. Aluminium Met Trade Bhutan Ltd.
and tin Point of contact: Mr. Sukesh Kumar Jain (CEO)
P.O. Box: 358
Phuentsholing
Tel-254001; Fax-254009
East West Company Pvt. Ltd. Hotel East West Company Pvt. Ltd.
Point of contact: Mr. Ugyen D. Dorji (Director)
P.O. Box: 1376
Thimphu
Tel-17139999; Email: udorji@gmail.com
Haven Resorts Pvt. Ltd. Hotel Haven Resorts Pvt. Ltd.
Points of contact: Mr. Varim Srimachota and Mr. Rangsee Tuengpant
Thachukha
Dop Shari
Paro
Tel-270999; Fax-270888
Bhutan Eco Ventures (P) Ltd. Hotel Bhutan Eco Ventures (P) Ltd.
Points of contact: Dasho. Topgyal Dorji / Mr. S.K. Giri
P.O. Box: 222
Paro
Tel-271597; Fax-271513 (Tel-252650; Fax-252282)
Ugen Ferro Alloys Pvt. Ltd. Ferro silicon Ugen Ferro Alloys Pvt. Ltd.
Point of contact: Mr. Rishi Prasad Agarwal
P.O. Box: 126
Dekilingka Apartment, 1st Floor, Room No. 202, Pelkhil Lam
Phuentsholing
Tel-253971/251698; Fax-253970; email: ufal@druknet.bt
Quality Gases Pvt. Ltd. Oxygen and Quality Gases Pvt. Ltd.
nitrogen Point of contact: Mr. Jamyan Loden (Managing Director)
Plot No. U-II, Upper Terrace,
P.O. Box: 197
Pasakha Industrial Estate, Pasakha
Tel-261254; Fax-261256

52 I An investment guide to bhutan Opportunities and Conditions 2013


As of November 2012 (cont.)
Company name Activity Contact address
Bhutan Resorts Pvt. Ltd. Hotel Bhutan Resorts Pvt. Ltd.
Point of contact: Mr. John E. Reed (General Manager)
P.O. Box: 831
Thimphu
Tel-331333; Fax-331999
Dralha G.G. Steel Pvt. Ltd. Steel Dralha G.G. Steel Pvt. Ltd.
Point of contact: Ashi Deki Choden (Chairman)
P.O. Box: 105
Industrial Estate
Phuentsholing
Tel-252284/253809; Fax-252696
Samden Tech Pvt. Ltd. Internet Samden Tech Pvt. Ltd.
services P.O. Box: 1342
Chang Lam
Thimphu
Tel-333333/333335; Fax-333331
Druk PNB Bank Ltd. Banking Druk PNB Bank Ltd.
Norzin Lam near Main Traffic
Thimphu
Tel-324497/325936; Fax-333156; email: corporate@drukpnbbank.bt
Thimphu TechPark Pvt. Ltd. IT park Thimphu TechPark Pvt. Ltd.
Point of contact: Mike Holland (CEO)
P.O. Box: 633
Thimphu
Tel-17959699; email: enquires@ttp.bt
Nak-Sel Boutique Hotel and Hotel Nak-Sel Boutique Hotel and Spa Pvt. Ltd.
Spa Pvt. Ltd. Point of contact: Sonam Wangmo (CEO)
P.O. Box: 641
Langang Geog
Paro
Tel-323270/322965; Fax-322960; email: rainbow@druknet.bt
Druk Presidency Pvt. Ltd. Plaster of Paris Druk Presidency Pvt. Ltd.
6 KM Norbuling
Samdrup Jongkhar
Tel-251164; Fax-251074; email: gmj.joshi@gmail.com
Zimdra Foods Pvt. Ltd. Dairy products Zimdra Foods Pvt. Ltd.
Point of contact: Mr. Satyen Parekh (Managing Director)
P.O. Box: 336
Phuentsholing
Tel-252188/251245; Fax-253002
Email id: zimdrafood@druknet.bt
Lhaki Steels and Rolling Steel Lhaki Steels and Rolling Pvt. Ltd.
Pvt. Ltd. Apartment No. 1, Maysel Apartment
Phuentsholing
Tel-251640/17608566/17647105; Fax: 252909
Email id: lhakisteels@yahoo.com
Himalayan Safari Lodges Hotel Himalayan Safari Lodges Pvt. Ltd.
Pvt. Ltd. P.O. Box: 1213
Thimphu
Tel-336319/17617360 17111222; Fax-327392
Email id: ynorbu@druknet.bt
Bhutan Hotels Pvt. Ltd. Hotel Bhutan Hotels Pvt. Ltd.
Point of contact: Ms. Yeshey Tshogay (Managing Director)
P.O. Box: 1570
Thimphu
Tel-337200; 17113008

An investment guide to bhutan Appendices I 53


As of November 2012 (cont.)
Company name Activity Contact address
ManidheepaMohsin Hotels Hotel ManidheepaMohsin Hotels and Resorts
and Resorts Pvt Ltd Point of contact: Ms. Rinzin Pem
C/o Managing Director,
Bhutan National Bank,
Thimphu
Dagachhu Hydro Power Hydropower Dagachhu Hydro Power Corporation Ltd.,
Corporation Ltd. Dagana.
Bhutan Concast Pvt. Ltd. Billets/Ingots Bhutan Concast Pvt. Ltd.
P.O.Box: 261
Samdrup Lam
Phuentsholing
Bhutan H2O Pvt. Ltd. Water bottling Bhutan H2O Pvt. Ltd.
Susuna, Naja Geog
Paro.
Neethsel Pvt. Ltd. Pharmaceutical Neethsel Pvt. Ltd.
Toribari
Chhukha.
Koufuku International Pvt. Dairy Mr. Kinzang Tobgay
Ltd. Associate Director
Druk Holding and Investment
P.O. Box No. 1127
Thimphu
Shaun Communication BPO/KPO Mr. Sunny Jaiswal
Bhutan Pvt. Ltd. Shaun Communication Bhutan Pvt. Ltd.
Thimphu TechPark Pvt. Ltd.
P.O. Box:
Thimphu
AdrukA Pvt. Ltd. Furniture and Mr. Ugyen Dhendup
interior fill-outs Changaydhaphu
Post Box No.: 105/1648 (GPO)
Thimphu
Source: Ministry of Economic Affairs / Department of Industry.

Grocery in Paro, Bhutan.

54 I An investment guide to bhutan Opportunities and Conditions 2013


Appendix 3. Sources of further information

Ministry of Economic Affairs


Department of Industry
Foreign Direct Investment Division
P.O. Box 141
Thimphu, Bhutan
Phone: +975-2-321733
Website: www.moea.gov.bt

Government agencies Ministry of Foreign Affairs


P.O. Box 103
Ministry of Finance Gyalyong Tshokhang
P.O. Box 117 Thimphu, Bhutan
Thimphu, Bhutan Website: www.mfa.gov.bt
Phone: +975-2-322223/322514/322271
Fax: +975-2-323154 Ministry of Labour and Human Resources
Website: www.mof.gov.bt P.O. Box 1036
Thonsel Lam, Lower Motithang
Tourism Council of Bhutan Thimphu, Bhutan
Post Box 126 Phone: +975-2-333867
Thimphu, Bhutan Fax: +975-2-326731
Phone: +975-2-323251 Website: www.molhr.gov.bt
Fax: +975-2-323695
Email: info@tourism.gov.bt Druk Holding and Investments
Website: www.tourism.gov.bt P.O. Box 1127
Thimphu, Bhutan
Royal Monetary Authority of Bhutan Phone: +975-02-336257/336258
P.O. Box 154 Fax: +975-02-336259
Thimphu, Bhutan Email: info@dhi.bt
Phone: +975-2-323111 Website: www.dhi.bt
Fax: +975-2-322847 National Environment Commission
Website: www.rma.org.bt P.O. Box 466
Thimphu, Bhutan
Ministry of Education
Phone: +972-2-323384/324323/326386
P.O. Box 112
Fax: +975-2-323385
Thimphu, Bhutan
Email: secretary@nec.gov.bt
Phone: +975-2-325325 Website: www.nec.gov.bt
Fax: +975-2-325183
Website: www.education.gov.bt Gross National Happiness Commission
Secretariat
Ministry of Information and Communications P.O. Box 127
P.O. Box: 278 Thimphu, Bhutan
Thimphu, Bhutan Phone: + 975-02-325192/325850/321053
Phone: +975-2-322144/322567/323017/324439 Fax: +975-02-326779
Fax: +972-2-329207/326180 Email: info@gnhc.gov.bt
Website: www.moic.gov.bt Website: www.gnhc.gov.bt

Department of Information Technology and Telecom National Land Commission


P.O. Box 482 Secretariat
Thimphu, Bhutan P.O. Box 142
Phone: +975-02-323215/322925 Thimphu, Bhutan
Fax: +975-02-328440 Phone: +975-02-321743 / 321745
Email: invest.it@ditt.gov.bt Fax: +975-02-321746
Website: www.dit.gov.bt Website: www.land.gov.bt

An investment guide to bhutan Appendices I 55


Business associations Selected development partners
Bhutan Chamber of Commerce and Industry (BCCI) United Nations System in Bhutan
P.O. Box 147, Doebum Lam United Nations House
Thimphu, Bhutan. P.O. Box 162
Phone: +975 2 322742 / 324254 Thimphu, Bhutan
Fax: +975 2 323936 Phone: +975-2-334570
Email: bccihrd@gmail.com Fax: +975-2-328526
Website: www.bcci.org.bt Email: registry.bt@undp.org
Website: http://www.unct.org.bt
Bhutan Association of Tour Operators
Doebum Lam, Post Box 938 SNV Netherlands Development Organization
Thimphu, Bhutan P.O. Box815
Website: www.abto.org.bt Langjophaka
Thimphu,Bhutan
Hotel Association of Bhutan Tel: +975 2 322900
Mr. Ugyen Wangchuck, Sectretary Fax: +975 2 322649
Phone: +975 177113344 Email: bhutan@snvworld.org
Website:http://www.snvworld.org/en/ countries/bhutan/
Association of Bhutanese Industries
Pages/default.aspx
P.O. Box 54
Phuentsholing HELVETAS Swiss Intercooperation and Swiss
Bhutan Agency for Development and Cooperation
Phone: +975 5 251340 P.O. Box 157
Fax: +975 5 251341 Dungkar Lam, Lower Mothithang
Email: abi@abibhutan.com Thimphu, Bhutan
Website: www.abibhutan.com Phone: +975-2-322870
Fax: +975-2-323210
IT Association of Bhutan
Email: helvetas@druknet.bt
Phone: +97 02 335668
Phone: itab@druknet.bt Japan International Cooperation Agency (JICA)
Website: www.itab.bt P.O. Box 217
Thimphu, Bhutan
Phone: +975-2-322030
Fax: +975-2-323089
Consulting and law firms
Useful websites
PricewaterhouseCoopers Pvt. Ltd. India Government Information Portal
Sucheta Bhawan www.bhutan.gov.bt
11 A Vishnu Dighambar Marg
New Delhi 110 002 Ministry of Economic Affairs
India www.moea.gov.bt
Phone: +91 11 2323-2916/2321-0891-99/ 41150000
Fax: +91 11 2321-0594/96 Ministry of Finance
www.mof.gov.bt
UC Associates Law Firm
Lhaki Building National Statistics Bureau
Post Box No. 249 www.nsb.gov.bt
Thimphu, Bhutan
Tourism Council of Bhutan
Deloitte India www.tourism.gov.bt
7th Floor, Building 10 Tower B
Gross National Happiness Commission
DLF Cyber City Complex, DLF City Phase II
www.gnhc.gov.bt
Gurgaon 122002, India
Phone : +91 (0124) 679 2000 uensel Newspaper Online
www.kuenselonline.com

Bhutan Chamber of Commerce and Industry


www.bcci.org.bt

56 I An investment guide to bhutan Opportunities and Conditions 2013


Appendix 4. Business hours

General business hours


Summer timing (MarchOctober): 9 a.m. to 5 p.m.
Winter timing (NovemberFebruary): 9 a.m. to 4 p.m.

Appendix 5. Major laws and regulations affecting


foreign investment

Name/title (of the law) (year) Description of coverage of the law

Foreign Direct Investment Policy (2010) Current economic and FDI policy framework,
Economic Development Policy (2010) including most important provisions for investors
Foreign Direct Investment Rules and Regulations (2012)

Enables large-scale infrastructure projects to be


2010 Framework for Private Participation in Infrastructure
developed in a PPP model

Companies Act (2000) Law under which FDI projects would be incorporated

Sales Tax, Customs and Excise Act (2000) Relevant provisions on taxation
Rules on the Sales Tax, Customs and Excise Act (2000)
Income Tax Act (2001)

Labour and Employment Act (2007) Relevant labour laws, including provisions on
Occupational Health and Safety Rules (2006) minimum wage.

Environmental Assessment Act (2000) Environmental standards


Regulation for Environmental Clearance of Projects (2002)
Regulation on Strategic Environmental Assessment (2002)
Natural Environment Protection Act (2007)
Waste Prevention and Management Act (2009)

Land Act (2007) Relevant regulations on land acquisition and


Building Rules (2002) construction activities.

Copyright Act (2001) Intellectual Property laws.


Industrial Property Act (2001)

Foreign Exchange Regulations (1997)


Bankruptcy Act (1999) Other provisions that might be relevant in the
Anti-corruption Act of Bhutan (2006) operation of an FDI venture.
Bhutan Information Communications and Media Act (2006)
Immigration Act (2007)

Source: UNCTAD secretariat, based on various Government resources.

An investment guide to bhutan Appendices I 57


Memorial Chorten, Thimphu, Bhutan.
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