8.3 TNCs and Joint Ventures in Nepal

The frame's instruments (the honest map): The Foreign Investment and Transfer of Technology Act (FITTA), 2075 — the standing code: the foreign investment's entry (the approval's route, the sectors' list — the opened and the closed); the repatriation's guarantees (the profits-and-capital returns within the exchange framework of Unit 7); the technology transfer's registration; the one-window service's faces; The Companies Act 2063 — the corporate vehicle (the subsidiary's incorporation, the JV company's registration); The treaty layer: the bilateral investment treaties (the promotion-and-protection faces) and the investment arbitration's consents (the ICSID-MIGA world of Unit 12); Nepal's WTO commitments (the GATS commercial-presence mode — Unit 9); The exchange-control overlay: the FERA 2019's permissions (the capital account's controlled opening through the FITTA route). The practice's Nepali faces (the honest note): the foreign investment concentrated in the manufacturing, energy, telecom-and-services sectors; the celebrated JVs (the banking-and- telecom entries); the capital-gains-and-transfer disputes as the era's lessons (the Ncell litigation's tax face — LAW 309's case study; the investment arbitration's threat-and-promise); the LDC's bargaining question — the investment wanted, the terms contested. The balance (the closing paragraph): Nepal needs the TNC's capital, technology and market access; the law's task is the bargain's discipline — the entry's rules, the operation's regulation (the tax, the labour, the environment), and the exit's fairness (the repatriation honoured, the disputes arbitrated). The…