Website-addition special offer for SA agri businesses
Dear Customers,
Thank you for your interest in our special migration service for South African agricultural businesses.
We know that the sector is currently facing numerous challenges – from financing issues, to export and import contractual uncertainty.
Forseti Consult offers South African agri businesses the opportunity to take full advantage of access and protections enjoyed by their EU counterparts.
By opting for EU business migration the SA businesses will:
- Gain access to the largest single market in the world
- Receive better financing terms
- Have legal guarantees against unfair treatment, including property expropriation without compensation
We believe that SA Agri will significantly improve the profitability prospects of the agricultural producers in South Africa and present them with a variety of new commercial and financing options.
Two of South Africa’s topmost experts in international law - prof. H.A. Strydom from the University of Johannesburg and prof. M. Olivier from the University of Hull, have each reviewed SA Agri and found it legally viable. The full text of their legal opinion is available upon request.
The legal opinions are based on the following binding international treaties:
Finnish-South African Investment Protection Treaty
See the full text: http://investmentpolicyhub.unctad.org/Download/TreatyFile/1215
The Treaty stipulates (art. 1) that any asset in South Africa owned by a company incorporated in Finland is protected under the Treaty. Further any expropriation or equivalent measure is prohibited (art. 5). In case that the RSA fails to protect your Finnish company interest you may seek redress by an International Tribunal in Washington (art. 8). The decision in the dispute is based on the Finnish-RSA Investment Protection Treaty and is binding. If your rights have not been respected by the RSA government, you may seek full compensation.
EU – SADC Economic Partnership treaty
See the full text: http://trade.ec.europa.eu/doclib/docs/2015/october/tradoc_153915.pdf
You may see some basic information on the site of the European Commission (http://ec.europa.eu/trade/policy/countries-and-regions/regions/sadc/). The Treaty abolishes most tariffs for agricultural goods produces in South Africa and exported to the EU. However, there are number of requirements for the export depending on its nature. Sanitary and phytosanitary measures may apply. Rules of origin and non-tariff measures compliance apply. Please contact us for detailed analysis on the rules and procedures for import of particular product. Please check the EU’s Combined Nomenclature for accurate positioning of the particular good/product you want to check (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ%3AL%3A2016%3A294%3ATOC).
Finnish –RSA Double Taxation Avoidance Agreement
See the full text: http://www.sars.gov.za/AllDocs/LegalDoclib/Agreements/LAPD-IntA-DTA-2012-37%20-%20DTA%20Finland%20GG%2016862.pdf
Income generated from agricultural activities in South Africa is taxed in South Africa (art. 6). You would have the right to deduct taxes already paid in South Africa towards the end financial result of your Finnish company. The dividend tax paid in South Africa would be capped to 5% of the gross amount of the dividend (art. 10.1.(a)).
For further information on the legal and tax issues, please contact us.