What is the procedure for repatriation of royalty, franchise, technical license/ know- how/ assistance fees?
Oct 11, 2021
BIDA issued a new guideline on 3 Mar. 2021 for outward remittance/ repatriation of royalty, franchise, technical license/ know-how/ assistance fees (see the link for detailed information- https://www.bb.org.bd/mediaroom/circulars/fepd/apr112021fepdl07e.pdf).
The new guideline stipulates the permissible amount of such fees (including O&M
service fees) as follows:
i) Royalty, technical license/ know-how/ assistance fees:
- For the projects under implementation, not exceeding 6% of total accumulated C&F value of imported machineries of the concurrent year(s) before going into commercial operation,
- For the projects under commercial operation, not exceeding 6% of the previous year’s sales (excluding VAT) as declared in the income tax returns audit report.
ii) Franchise fees: Fees more than USD 0.1 million can be remitted in installments. 50% of the approved claim can be remitted in the first year, followed by 30% in the second, and the rest of 20% in the third year.
iii) Fees payable to contractors: In case of recurring payments required by agreement, maximum 6% of sales revenue (excluding VAT) as declared in the previous year’s income tax return or VAT return (considered only for the first year in case of new project) can be remitted.
• The AGREEMENT for outward remittance of royalty, franchise, and technical license/ know-how/ assistance fee must be approved by BIDA. A procedure for approving the agreement has been issued from BIDA.
• No approval of BIDA is needed for outward remittance up to 6% of previous year’s sales revenue each year.
• Authorized Dealer bank will process outward remittance of royalty, franchise, technical license/ know-how/ assistance fee based on the agreement approved by BIDA.
• Advance payment for the above fees is allowed (must be accompanied with bank guarantee)
but with prior approval of BIDA.
• Prior approval of BIDA must be obtained for outward remittance of more than 6% for any given year for royalty, franchise, and technical license/ know-how/ assistance fee.
• Application for endorsement of the agreement can be made manually for the time being but will be serviced soon through BIDA’s OSS portal.