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INST Committee Report

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APPENDIX 4
SUMMARY OF FOREIGN INVESTMENT
RESTRICTIONS IN OTHER OECD COUNTRIES

Australia

Telstra, once full privatization is implemented, will be subject to a 35% limit on total foreign ownership and a 5% limit on individual foreign ownership. There is a legislative requirement ensuring that Telstra’s Chair, and the majority of Telstra’s directors, are Australian citizens and that Telstra’s head office, base of operations and place of incorporation remain in Australia. Prior approval is required for foreign involvement in the establishment of new entrants to, or investment in existing businesses in, the telecommunications sector.

Austria

No foreign ownership restrictions.

Belgium

No foreign ownership restrictions.

Czech Republic

No foreign ownership restrictions.

Denmark

No foreign ownership restrictions.

Finland

No foreign ownership restrictions.

France

20% limitation on direct foreign investment (for companies outside the European Economic Area) for the mobile communications sector.

Germany

No foreign ownership restrictions.

Greece

No foreign ownership restrictions.

Hungary

No foreign ownership restrictions.

Iceland

No foreign ownership restrictions.

Ireland

No foreign ownership restrictions.

Italy

No foreign ownership restrictions.

Japan

Foreign ownership of NTT is restricted to up to 20% of issued shares.

Korea

The limit of foreign shareholding for facilities-based service providers is 33% (20% for KT). Individual shareholding is restricted up to 10% for facilities-based service providers (15% for KT).

Luxembourg

No foreign ownership restrictions.

Mexico

Concessions are only granted to individuals or corporations of Mexican nationality. Foreign investment can be no greater than 49% except for cellular telephony services where permission is required from the Commission of Foreign Investment for a greater level of foreign participation.

Netherlands

No foreign ownership restrictions.

New Zealand

No single foreign entity is permitted to own more than 49.9% of shares of Telecom New Zealand and government permission is required for any single foreign investor wishing to own more than 10% of Telecom NZ. Government’s Kiwi (or golden) share provides special voting rights to control the maximum shareholding of any single foreign party and transfers of blocks of shares among parties. No restrictions on other operators.

Norway

The PTO is a limited company in which the state must own shares. A change in ownership requires approval by Parliament.

Poland

Foreign ownership restriction for national and local telecommunication services, mobile services and cable television services: shares of foreign equity in company cannot exceed 49%, share of votes of the foreign organization and of the organizations controlled by foreign equity at the general shareholders meeting shall not exceed 49%; Polish citizens residing in Poland shall have the majority on the management and the supervisory boards. Provision of international telecommunication networks and services and radio-communications networks and services providing international services restricted to entities with 100% Polish capital share. Foreign ownership limitations cancelled when the Telecommunication Law entered into force (01/01/2001).

Portugal

No foreign ownership restrictions.

Spain

Preliminary administrative authorization required when any individual or corporation, whether national or foreign, is about to obtain control over 10% or more of Telefonica equity.

Sweden

No foreign ownership restrictions.

Switzerland

No foreign ownership restrictions; federal government required to retain majority shareholding in Swisscom.

Turkey

After the monopoly has ended in 2004 new licences will require not less than 51% equity by Turkish citizens.

United Kingdom

No foreign ownership restrictions

United States

20% of capital stock of a common carrier radio licensee may be foreign-owned. This level may be exceeded unless FCC determines that foreign ownership is not in the public interest. Wireline common carriers are not subject to these restrictions.


Source:      Organisation for Economic Cooperation and Development, Communications Outlook 2001, Paris 2001.