مسؤولية الدولة المضيفة للاستثمار عن إقامة المستثمر الأجنبي “دراسة مقارنة “

The responsibility of the host state for the residence of the foreign investor "a comparative study"

Abstract
The title of the thesis represents the search for the state’s responsibility for the residence of the foreign investor, in the problem of the burden that the host countries for investment should bear in granting the foreign investor special treatment regarding his residence and granting him a special privilege over other foreigners as a result of the role he can play in achieving economic development in the host countries. The Iraqi Investment Law No. 13 of 2005, amended in its twelfth article, gave the right of residence to the foreign investor and workers in investment projects without mentioning its duration, the conditions for obtaining it, and the limits of this residence. It also did not address how the foreign investor enters, and it is clear that it referred the issue of regulating entry and residence to the Foreigners’ Residence Law No. 76 of 2017. The thesis indicated through two chapters, the first of which is the nature of the investor by shedding light on his definition in local and comparative laws. He is almost that natural and legal person who employs money and expertise on the territory of another country and under another legal system, which requires treating him in terms of his residence in a manner consistent with the nature of his economic activity and the importance of his presence on the territory of the host country for investment. We found that The laws of the countries under comparison have varied in dealing with this matter according to their vision and view of investment and the investor alike, as we found that the UAE law is distinguished from the Egyptian, Iraqi and French laws in this matter. As for the second chapter, entitled “Residence of the Foreign Investor and the State’s Responsibility towards His Residence,” the researcher found that the Iraqi law and the Egyptian law differ from the UAE law, as the latter represents a true embodiment of the state’s responsibility in bearing the tasks of residing the foreign investor, as it granted him a long-term residency for ten years, called the golden residency, which extends to his family members or those with him. This in itself represents a realistic and practical picture of dealing with the residency of the foreign investor in a manner consistent with his mission. The researcher concluded that it is necessary for countries seeking to attract foreign investment on their lands to follow the example of countries that facilitated and distinguished the foreign investor through residency from other foreigners, and he presented many recommendations in this regard. Including amending Article 1/Tenth of the Iraqi Investment Law No. 13 of 2006 and including foreign capital in the definition of foreign investor and not limiting the subject of foreign status to the nationality criterion so that the text is as follows: A foreign investor is a person who has obtained an investment license and does not enjoy Iraqi nationality in the case of a natural person or was registered in a foreign country in the case of a legal person and performs
(Investing his money inside Iraq). As well as amending the text of Article 7 of the Foreigners’ Residence Law No.
76 of 2017 and adding a paragraph to grant the investor a special entry visa similar to French and Emirati law
Which distinguishes the foreign investor in terms of entry visa and special treatment, and the text of the paragraph is as follows:
Investor entry visa. Also amending Article 21 of the Residence Law No. 76 of 2017 and specifying paragraph
It is unique in that it distinguishes it from other residents and increases the duration of residence for the foreign investor to five years, renewable upon
The request also includes special treatment for the investor in the matter of his residence if he obtains an entry visa.
The investor referred to in paragraph 3 of the recommendations and his exemption from the check-in procedures and submitting an application

Residence, as his residence is subject to the aforementioned entry visa. We also recommend the necessity of explicitly stating the cancellation of the investor’s residence in the event that he relinquishes the investment project by sale or other actions that transfer ownership, since the rights stipulated by law, including residence, are associated with the investment permit. Therefore, transferring ownership of the investment project means transferring the rights associated with it, including the right of residence, to the new investor. Therefore, residence ends with the end of the status granted according to the law.