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