Search
Close this search box.
- advertisement -

NIGERIA’S INTERNATIONAL INVESTMENT AGREEMENTS WITH SOUTH AFRICA

CENTER FOR TREATIES OF NIGERIA

Cover Pix

[You may order for PDF copies of any of the documents listed below or secure project advisory, research and consultancy support by emailing: info@lawnigeria.com and lawnigeria@gmail.com]


NIGERIA’S INTERNATIONAL INVESTMENT AGREEMENTS WITH SOUTH AFRICA

Title of InstrumentsDate of SignatureEffective Date [In South Africa)
Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains.24-08- 20162008-07-05
Agreement for the Reciprocal Promotion and Protection of Investments.2005-07-27
Agreement on Co-operation in the Fields of Mining, Geology, Exploration and Beneficiation of Minerals and Energy.2005-07-27
Agreement on Educational Co-operation2000-04-29
Agreement on the Establishment of a Bi-National Commission of Cooperation2000-04-292005-07-27
Trade Agreement.2000-04-292005-07-27
Agreement on Co-operation in the Fields of Arts and Culture.2001-03-142005-07-27
Agreement on Institutional Co-operation in the Field of Agriculture.2001-03-142001-03-14
Agreement on Scientific and Technological Co-operation2001-03-142005-07-27
Agreement on Immigration matters2002-03-28
Extradition Treaty between the Government of the Federal Republic of Nigeria and the Government of the Republic of South Africa2002-03-282005-01-06 (Ratification date in Nigeria)
Framework Programme on Cooperation in Science and Technology2002-03-282002-03-28
Memorandum of Understanding on Bilateral Cooperation in the field of Sport and Recreation.2002-03-28
Memorandum of Understanding on the Prevention of Counterfeiting of Postage Stamps and Meter Impressions as a means of Postage for International Mail.2002-03-282002-03-28

TREATIES OF NIGERIA (INVESTMENT, CUSTOMS AND IMMIGRATION)

  • HB 243: Treaty to Establish African Economic Community Relating to the Pan-African Parliament (Accession and Jurisdiction) Act (Amendment) Bill, 2015 [+]
  • HB 444: Avoidance of Double Taxation (Between Federal Republic of Nigeria and Spain), Bill, 2016 [+]
  • HB 445: Avoidance of Double Taxation (Between Federal Republic of Nigeria and South Korea), Bill, 2016 [+]
  • HB 443: Avoidance of Double Taxation (Between Federal Republic of Nigeria and Sweden) Bill, 2016  [+]

INVESTMENT TREATY FRAMEWORK OF NIGERIA

To facilitate international investments and trade, Nigeria is a party to several multilateral and bilateral treaties. While some of them deal with investments and trade specifically, others relate to connected to ease of doing business like taxation, etc. Below is a list of Nigeria’s investment treaties.

NIGERIA’S BILATERAL INTERNATIONAL INVESTMENT AGREEMENTS

No.PartnersStatusDate of
signature
Date of
entry into force
Text (Access)
1AlgeriaSigned (not in force)14/01/2002Full text: fr
2.Argentina
3AustriaSigned (not in force)08/04/2013Full text: en
4BulgariaSigned (not in force)21/12/1998
5CanadaSigned (not in force)06/05/2014Full text: en
6ChinaTerminated12/05/1997
7ChinaIn force27/08/200118/02/2010Full text: en
8EgyptSigned (not in force)20/06/2000Full text: en
9EthiopiaSigned (not in force)19/01/2004
10FinlandIn force22/06/200520/03/2007Full text: en
11FranceIn force27/02/199019/08/1991Full text: fr
12GermanyIn force28/03/200020/09/2007Full text: en
13ItalyIn force27/09/200022/08/2005Full text: en | it
14JamaicaSigned (not in force)05/08/2002
15Korea, Republic ofIn force27/03/199801/02/1999Full text: en
16KuwaitSigned (not in force)23/03/2011
17MoroccoSigned (not in force)03/12/2016Full text: en
18NetherlandsIn force02/11/199201/02/1994Full text: en
19RomaniaIn force18/12/199803/06/2005Full text: en
20Russian FederationSigned (not in force)24/06/2009Full text: ru
21SerbiaIn force01/06/200207/02/2003Full text: sr
22SingaporeSigned (not in force)04/11/2016Full text: en
23South AfricaIn force09/04/200027/07/2005Full text: en
24SpainIn force09/07/200219/01/2006Full text: en
25SwedenIn force18/04/200201/12/2006
26SwitzerlandIn force30/11/200001/04/2003Full text: fr
27Taiwan Province of ChinaIn force07/04/199407/04/1994
28TurkeySigned (not in force)02/02/2011Full text: en
29TurkeySigned (not in force)08/10/1996Full text: en
30UgandaSigned (not in force)15/01/2003
31United Arab EmiratesSigned (not in force)18/01/2016
32United KingdomIn force11/12/199011/12/1990Full text: en
33.United States of AmericaIn forceApril 23, 2013

NIGERIA’S DOUBLE TAX TREATIES (DTTS) WITH OTHER COUNTRIES

Nigeria has concluded Double Tax Treaties, DTTs with several countries. A DTT, to be binding on Nigeria must not only be signed by the appropriate authority, but needs to approved by the Federal Executive Council and then ratified by both chambers of the Nigerian National Assembly. A company resident in a country with no Double Tax Treaty with Nigeria pays a flat With-holding Tax, WHT rate of 10% of the value of any revenue from a dividend, interest, royalties, management or technical fees transaction while their contemporaries from a DTT country pays only rate prescribed in the treaty.

DividendInterestRoyaltiesManagement or Technical fees
Non-Treaty Nation10101010

Below is a list of countries Nigeria has concluded DTT with. Some of the DTT, even though signed, are yet to be ratified by the National Assembly and so not fully applicable on the Nigerian side – even though it could be applicable to Nigerian companies in that country where prescribed steps for putting it into force has been concluded and was not made contingent on reciprocal ratification on Nigeria’s part.

S/N      CountryDate/Place of SigningDate of Entry into ForceEffective Date
1.Canada4th August, 1992 in Abuja16th November, 19991st January, 2000
2.Pakistan10th October, 1989 in Lagos7th March, 19901st January 1991
3.Belgium20th November, 1989 in Brussels1stJanuary, 19901st January, 1991
4.France27th February, 1990 in Paris2nd May 19911st January, 1992
5.Romania21st July, 1992 in Abuja18th April, 19931st January, 1994
6.Netherlands11th December, 1991 in Lagos9th December, 19921st January, 1993
7.United Kingdom9th June, 1987 in London1st January,19881st January, 1989
8.China15th April, 2005 in Abuja21st March, 20091st January, 2010
9.South Africa29th April, 2000 in Cape Town5th July, 20081st January, 2009
10.Italy22nd February, 1976 in Lagos19771st January, 1978
11.Philippines30th September, 1987 in Manila18th August 20131st January, 2014
12.Czech Republic31st August 1989 in Lagos2nd December, 19901st January, 1991
13.Slovakia31st August 1989 in Lagos2nd December, 19901st January, 1991
14.United Arab Emirates19 January, 2016NANA
15.KenyaSeptember 6, 2013.NANA
16.MauritiusNigeria and Mauritius signed a DTA on August 10, 2012.NANA
17.Poland12 February, 1999NANA
18.South Korea6 November 2006(Legislative Ratification Pending)NA
19.Spain18 November 2004NANA
20.SwedenSigned, November 2004.[Sweden completed ratification procedures in 2005]December 12, 2012 (Ratified by Nigeria)
21.SingaporeNovember 16, 2016.(Approved by Nigeria’s Federal Executive Council)Yet to be approved by the National AssemblyNA
22.QatarFebruary 28, 2016 (Approved by Federal Executive Council)Yet to be approved by the National AssemblyNA

NIGERIA: DOUBLE TAXATION RATE FOR TREATY COUNTRIES

Country-RecipientWHT (%)
DividendInterestRoyaltiesManagement or Technical fees
Country-RecipientWHT (%)
DividendInterestRoyaltiesManagement or Technical fees
Belgium7.57.57.510
Canada7.57.57.510
China7.57.57.510
Czech Republic7.57.57.510
France7.57.57.510
Netherlands7.57.57.510
Pakistan7.57.57.510
Philippines7.57.57.510
Romania7.57.57.510
Slovakia7.57.57.510
South Africa7.57.57.510
South Korea *7.57.57.510
Spain *7.57.57.510
Sweden *7.57.57.510
United Kingdom7.57.57.510
Non-treaty Countries10101010
Belgium7.57.57.510
Canada7.57.57.510
China7.57.57.510
Czech Republic7.57.57.510
France7.57.57.510
Netherlands7.57.57.510
Pakistan7.57.57.510
Philippines7.57.57.510
Romania7.57.57.510
Slovakia7.57.57.510
South Africa7.57.57.510
South Korea *7.57.57.510
Spain *7.57.57.510
Sweden *7.57.57.510
United Kingdom7.57.57.510
Non-treaty Countries10101010

* The tax treaties with South Korea, Spain, and Sweden are still being ratified.

NIGERIAN DOUBLE TAXATION AGREEMENTS, DTA WITH OTHER AFRICAN COUNTRIES**

CountryStatusDate of SignatureDate of Entry into ForceText (Access)
1.KenyaSeptember 6, 2013.
2.MauritiusAugust 10, 2012.
3.South AfricaComprehensive29th April, 20005th July, 2008 [1st January, 2009] (Effective Date)

NIGERIA AND INTERNATIONAL CONVENTIONS/PROTOCOLS (MULTILATERALS) RELATING DIRECTLY OR INDIRECTLY TO INVESTMENTS

 Global Multilateral Convention/TreatyDate of entry into forceNigeria’s Date of Ratification or Accession
United Nations Charter
Abolition of Forced Labour Convention1960
Basel Convention on the control of Tran boundary movement of Hazardous wastes and their Disposal1991
Cartagena Protocol on Bio-safety2003
Convention Against Torture & other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)2001
Convention on Biological Diversity1992
Convention concerning Forced or Compulsory Labour1960
Convention concerning minimum age for admission to Employment2002
Convention concerning the Prohibition and Immediate Action for the Elimination of the worst forms of Child Labour2002
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)1985
Convention on International Trade in Endangered Species of wild fauna and Flora1974
Conventions on Nuclear Proliferation Treaty, NPT1968
Convention on Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and their Destruction1999
Convention Relating to the Status of Refugees1967
Convention on the Rights of the Child (CRC)1991
Convention for the Suppression of the Traffic in Persons & Exploitation of the Prostitution of Others2003
Discrimination (Employment and Occupation) Convention2002
Equal Remuneration Convention1974
Freedom of Association and Protection of the Right to Organise1960
International Convention on the Elimination of All Forms of Racial Discrimination (CERD);1969
International Convention for the Suppression of the Financing of terrorism2003
International Covenant on Economic, Social and Cultural Rights (CESCR)1993
International Convention on The Establishment of An International Fund for Compensation for Oil Pollution Damage1971
International Convention for The Prevention of Pollution from Ships, 1973
International Convention on Civil Liability for Oil Pollution Damage
Kyoto Protocol to the United Nations Framework Convention on Climate change2004
Montreal Protocol on Substances that deplete the Ozone layer1988
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW-OP)2000
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC-OP-SC)2000
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime2001
Protocol to Prevent, Suppress & Punish Trafficking in Persons, Especially Women & Children, supplementing the UN Convention against Transnational Organized Crime Preamble, supplementing the United Nations Convention against Transnational Organized Crime2001
Protocol Relating to the Status of Refugees 19671968
Right to organise and collective bargaining1960
Stockholm Convention Against Persistent Organic Pollutants2004
United Nations Convention against Corruption2004
United Nations Convention against Illicit Traffic in Narcotic drugs and Psychotropic Substances1981
United Nations Convention against Transnational Organized Crime2001
United Nations Convention on Psychotropic Substances1981
United Nations Single Convention on Narcotic Drugs1969
Vienna Convention for the Protection of the Ozone Layer



NIGERIA AND AFRICAN CONVENTIONS/PROTOCOLS (MULTILATERALS) RELATING DIRECTLY OR INDIRECTLY TO INVESTMENTS

 Convention/TreatyDate of AdoptionDate of Entry into ForceDate of SignatureDate of Ratification
African Charter on Human and People’s RightsJune 1, 1981October 21, 198631/08/198222/06/1983
African Charter on Rights and Welfare of the ChildJuly 1, 1990November 29, 199913/07/199923/07/2001
African Charter on Values and Principles of Public Services and AdministrationJanuary 31, 2011Pending28-06-2011Pending
African Civil Aviation Commission Constitution (Before Revision) (See Revised Version Here)January 17, 1969March 15, 197217/01/196908/12/1969
African Convention on the Conservation of Nature and Natural Resources (Before Review)September 15, 1968June 16, 196915/09/196802/04/1974
African Convention on the Conservation of Nature and Natural Resources (Revised)
African Convention on Preventing and Combating CorruptionJuly 1, 2003August 5, 200616/12/200326/09/2006
African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty)April 11, 1996July 15, 200111/04/199620/04/2000
African Refugee ConventionSept. 10 1969Jan. 20, 19741986
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)October 23, 2009Pending23/10/2009Pending
African Youth CharterJuly 2, 2006August 8, 200902/07/200721/04/2009
Bamako Convention on the Ban of the Import into Africa and the Control of Trans-boundary Movement and Management of Hazardous Wastes within AfricaJanuary 1, 1991May 22, 200822/12/2008Pending
Charter for African Cultural RenaissanceJanuary 24, 2006Pending22/12/200818/10/2010
Constitution for the African Civil Aviation Commission (Revised Version)December 16, 2009May 11, 201001/03/2011Pending
Constitutive Act of the African Civil Aviation Commission PendingPendingPendingPending
Constitution of the Association of African Trade Promotion OrganizationsJanuary 18, 1974February 1, 201015/10/197411/01/1975
Constitutive Act of the African UnionNovember 7, 2000May 26, 200108/09/200029/03/2001
Convention of the African Energy CommissionJuly 11, 2001December 13, 2006Pending22/10/2004
Convention for the Establishment of the African Centre for Fertilizer DevelopmentJuly 1, 1985Pending24/02/1987Pending
Cultural Charter for AfricaJuly 5, 1976September 19, 1990Pending24/09/1986
Inter-African Convention Establishing an African Technical Co-operation ProgrammeAugust 1, 1975PendingPendingPending
OAU Convention for the Elimination of Mercenarism in AfricaJuly 3, 1977April 22, 198510/02/197814/05/1986
OAU Convention on the Prevention and Combating of TerrorismJuly 1, 1999December 6, 200226/04/200228/04/2002
Organization of African Unity Charter25 May, 1963PendingPendingPending
Protocol to the African Charter on Human and People’s Rights on the Establishment of an African Court on Human and Peoples’ RightsJune 10, 1998January 25, 200409/06/200420/05/2004
Protocol to the African Charter on Human & Peoples’ Rights on the Rights of Women in AfricaJuly 1, 2003November 25, 200516/12/200316/12/2004
Protocol to the African Court of Justice of the African UnionJuly 1, 2003February 11, 200916/12/2003Pending
Protocols on the African Investment BankJune 30, 2009PendingPendingPending
Protocol on Amendments to the Constitutive Act of the African UnionJuly 11, 2003Pending02/07/2007Pending
Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African ParliamentMarch 2, 2001December 14, 200308/06/2001 23/12/2003
Revised African Maritime Transport CharterJuly 26, 2010PendingPendingPending
Treaty Establishing the African Economic CommunityJune 3, 1991May 12, 199403/06/199131/12/1991

INTERNATIONAL TAX BODIES

International Tax Dialogue, ITD

International Tax Planning Organisations, ITPO

Commonwealth Association of Tax Administrators

Low Incomes Tax Reform Group

International Tax Planning Association, ITPA

Organisation for Economic Co-operation and Development (OECD)

African Tax Administrators Forum

FIND LAWS OF NIGERIA

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Content

- advertisement -

- advertisement -

error: This content is protected! Please download the premium Pdf copy