Only those foreign investors meeting a minimum investment requirement of MZN 7,500,000 [approx. USD 117,000] (up from MZN 2,500,000 [approx. USD 39,000] until 2020) or meeting certain income, exports and employment thresholds are eligible to capital and profit repatriation guarantees.
"ARTICLE 2
Scope of application
1. The provisions of this Regulation apply to private investments, national and foreign, carried out under Law no. regularly constituted.
2. The investments mentioned in this article, even if not eligible for the tax incentives defined in specific legislation, may benefit from the guarantee of exporting profits and re-exporting the invested capital.
[...]
CHAPTER III - Foreign Direct Investment and ways of carrying it out
Article 6
(Minimum amount of foreign direct investment)
1. The minimum value of foreign direct investment, resulting from the contribution of equity capital by foreign investors, is fixed at the equivalent of 7,500,000.00MT (seven million five hundred thousand meticais), for the specific purposes of transferring profits abroad and of re-exportable invested capital.
2. Foreign investors whose activities meet at least two of the following requirements are also eligible for the right to transfer profits and re-export invested capital: a) It generates annual sales volume not less than three times the amount established in paragraph (1), from the third year of activity; b) Annual exports of goods or services are at least in the amount equivalent to 4,500,000.00MT (four million five hundred thousand meticais); c) Create and maintain direct employment for at least twenty-five national workers, enrolled in the social security system from the second year of activity.
3. The adjustment of the minimum amount of foreign direct investment is approved by Ministerial Diploma of the Minister who oversees the area of Finance, after consultation with the Governor of the Bank of Mozambique.[...]" (Decree No. 43/2009 of 21 August on the Regulation of the Investment Law, as amended by Decree 20/2021 of 13 April [google translation])
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"Chapter I. General provisions
Article 1. Definitions
1) For the purposes of this Law, the following definitions shall apply: [...]
j. Foreign investor — individual or corporate person bringing to Mozambique from abroad capital and resources belonging to or at the own account and risk of the said person, with a view of carrying out direct foreign investment as defined in paragraph 1m) of this Article, in a project under this Law;
l. National investor — individual or corporate person who makes available capital and resources belonging to or at the own account and risk of said person, with the aim of carrying out direct national investment, as defined in paragraph In) of this Article, in a project approved in accordance with this Law;
m. Direct foreign investment — any form of foreign capital contribution valuable in monetary terms which constitutes own equity capital or resources at the own account and risk of the foreign investor, brought from external sources and to be used in an investment project for carrying out an economic activity, through a company registered in Mozambique and operating from Mozambican territory; [...]
q. Foreign person — any individual whose nationality is not Mozambican, or, in the case of a corporate person, the company originally formed under the legislation of another country, or which, having been formed in the Republic of Mozambique under Mozambican laws, has more than 50% (Fifty percent) of the respective share capital held by foreign persons, as provided for in paragraph 2 of this Article;
r. Mozambican person — any citizen of Mozambican nationality or any company or institution formed and registered under Mozambican laws, with headquarters in the Republic of Mozambique, and in which the respective share capital belongs at least 50% (Fifty percent) to Mozambican citizens, companies or institutions, whether private or public;[...]" (Law No. 3/93 of 24 June on Invesment)
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Previously up to 2020
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"Article 6
(Minimum amount of foreign direct investment)
1. For the specific purposes of eligibility for external remittance of profits and re-export of invested capital, the minimum value of foreign direct investment using the equity capital of a foreign investor is set at two million five hundred thousand Meticals (2,500,000.00 Mts).[...]" (Decree No. 43/2009 of 21 August on the Regulation of the Investment Law [unofficial translation])
Decree No. 43/2009 of 21 August on the Regulation of the Investment Law, as amended by Decree 20/2021 of 13 April
Law No. 3/93 of 24 June on Investment
Decree No. 43/2009 of 21 August on the Regulation of the Investment Law
[<a href="https://gazettes.africa/archive/mz/2021/mz-government-gazette-series-i-dated-2021-04-13-no-69.pdf">Amendment</a>],[<a href="http://invest.apiex.gov.mz/wp-content/uploads/sites/4/2019/08/Investment-Regulations-43-2009.pdf">Decree</a>],[<a href="https://investmentpolicy.unctad.org/investment-laws/laws/108/mozambique-investment-law">Law</a>],[<a href="https://www.unido.or.jp/files/Legislation_on_Investment_in_Mozambique.pdf">Other</a>]