The Investment Law No 16-09 of 2016 removed the previous obligation to present a positive foreign exchange balance and authorized the free transfer of the capital invested and its proceeds - whether dividends or disposal proceeds - out of Algeria subject, amongst others, to certain pre-defined levels of initial equity investment established in Executive Decree No. 17-101 of 2017. Investments below the minimum established levels do not benefit from the accorded guarantee on free transfer of capital.
"CHAPTER 4 - GUARANTEES GRANTED TO INVESTMENTS [...]
Art 25. Investments made from capital contributions in the form of cash, imported through the banking channel and denominated in a freely convertible currency regularly listed by the Bank of Algeria and transferred to the latter, the amount of which is equal to or higher than minimum thresholds, determined according to the overall cost of the project according to terms and conditions set by regulation, benefit from the guarantee of transfer of the capital invested and the resulting income. Capital reinvestments of profits and dividends declared transferable in accordance with the legislation and regulations in force are accepted as external contributions. The transfer guarantee as well as the minimum thresholds referred to in paragraph 1 above, apply to contributions in kind made in the forms provided for by the legislation in force, provided that they are of external origin and that they are subject to an assessment, in accordance with the rules and procedures governing the incorporation of companies. The transfer guarantee provided for in paragraph 1 above also relates to the actual net proceeds of the sale and liquidation of investments of foreign origin, even if their amount is greater than the capital initially invested. [...]" (Law n° 16-09 of 29 Chaoual 1437 corresponding to August 3, 2016 relating to the promotion of investment)
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"CHAPTER 3 - TYPES OF INVESTMENTS [...]
Section 2 - Terms of application of the advantages [...]
Art. 16. - The minimum thresholds, provided for by article 25 of law n° 16-09 of Chaoual 29, 1437 corresponding to August 3, 2016, referred to above, for the benefit of the transfer guarantee, calculated by tranches on the basis of the share of financing incumbent on the foreign shareholder in the total cost of the investment, are fixed as follows:
a) 30% when the amount of the investment is less than or equal to 100,000,000 DA
b) 15% when the amount of investment is greater than 100,000,000 DA and less than or equal to 1,000,000,000 DA.
c) 10% when the amount of the investment is greater than 1,000,000,000 DA.
The share of financing of the total cost of the investment incumbent on the foreign shareholder is proportional to the quota held by the latter in the share capital of the company.
Failure to meet the minimum thresholds, set above, does not preclude the benefit of benefits. It deprives, however, the investment of the transfer guarantee, provided for by article 25 of law n° 16-09 of 29 Chaoual 1437 corresponding to August 3, 2016, referred to above. [...]" (Executive Decree No. 17-101 of 6 Joumada Flhania 1438 corresponding to March 5, 2017 setting the negative lists, the eligibility thresholds and the methods of applying the advantages to the different types of investment)
Law n° 16-09 of 29 Chaoual 1437 corresponding to August 3, 2016 relating to the promotion of investment
Executive Decree No. 17-101 of 6 Joumada Flhania 1438 corresponding to March 5, 2017 fixing the negative lists, the eligibility thresholds and the methods of applying the advantages to the different types of investment
[<a href="https://amb-algerie.fr/wp-content/uploads/2016/02/CODE-DES-INVEST-DZ.pdf">Law</a>],[<a href="https://www.joradp.dz/FTP/jo-francais/2017/F2017016.pdf">Decree</a>]