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Pakistan agrees with Riyadh, Doha to go for international arbitration on investments

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  • Domestic forums to be given 8 months to provide solution.
  • In case of non-resolution, Doha and Riyadh can approach PCA/ICSID.
  • SIFC gives approval in principle for the establishment Nidra.

ISLAMABAD: Pakistan agreed to allow the Kingdom of Saudi Arabia and Qatar to approach the Permanent Court of Arbitration (PCA) or International Centre for Settlement of Investment Disputes (ICSID) if any issue they face in the multibillion-dollar investments they plan to make in projects, reported The News on Wednesday.

The two sides are holding talks on the exact valuation of the Reko-Diq project and Manara Minerals is finalising the term sheet and valuation.

The Manara Minerals Investment Company is a new venture between the Saudi Arabian Mining Company (Ma’aden) and the Public Investment Fund (PIF) that will invest in mining assets globally for Riyadh and support the development of resilient global supply chains. While on Pakistan’s side, the Reko Diq Mining Company (RMDC) has been tasked to hire levies and payment mechanisms defined for Balochistan.

“Pakistan has negotiated to include a graduated approach for settlement of investment disputes between the state and investors. Through this arrangement, there will be a mandatory period of eight months to get the dispute resolved at the domestic forums,” sources told the publication.

An official said that in the case of non-resolution of disputes, it was agreed that recourse could be made to the PCA or ICSID as international forums of arbitration.

The investment chapter can be annexed with a Free Trade Agreement (FTA) to be signed with GCC (Gulf Cooperation Council) countries, including the process of investor and state dispute settlement through the ICSID as agreed with Saudi Arabia and Qatar, which was also shared with the GCC Secretariat.

GCC has told Islamabad that the legally cleansed draft will be shared with Pakistan in due course. 

In this regard, the Pakistani envoy has been tasked to follow up with the GCC Secretariat and give an update before the next Special Investment Facilitation Council (SIFC) meeting.

However, on the Aramco Refinery Project, it has been decided to follow up on the project to materialise it.

SIFC greenlights Nidra

In another major development, the SIFC has given approval in principle for the establishment of the National Industrial Development & Regulatory Authority (Nidra). 

The modalities of the authority will be finalised after consultations are held with the provinces.

The Board of Investment (BOI) has been tasked to launch the process of legislation for the proposed model under Article 147 in consultation with the provincial governments and stakeholders, including formulation of a framework for the unification of all existing economic and industrial zones by March 2024.

Till the legislation is passed, the proposed model will be worked on in consultations with the provincial governments.

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Pakistan has amassed $14.5 billion in foreign exchange reserves.

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State Bank of Pakistan (SBP) statistics, which was made public on May 3, shows that the country’s foreign exchange reserves increased significantly to $14.45 billion.

A noteworthy increase of $1.11 billion to $9.12 billion was made in the SBP’s reserves.

The foreign exchange reserves that commercial banks possessed also experienced a notable surge, rising by $2.86 billion to $5.33 billion.

As per the State Bank of Pakistan (SBP), Pakistan got the $3 billion standby arrangement last month, including the much-awaited $1.1 billion final tranche from the International Monetary Fund (IMF).

Following the successful conclusion of the second review by the Executive Board of the IMF under Stand-By Arrangement (SBA),” the SBP stated that it had been awarded Special Drawing Rights (SDR) 828 million, or $1.1 billion in value.

SBP reserves for the week ending on May 3, 2024, will show the payout, according to the central bank.

The second review of Pakistan’s Stand-By Arrangement (SBA) was finished by the IMF Executive Board one day earlier, enabling a $3 billion increase in total disbursements under the contract.

According to a statement from the IMF, “the completion of the second and final review ref­lects the authorities’ stronger policy efforts under the SBA, which have supported the stabilization of the economy and the return of modest growth.”

“Policy and reform efforts by the authorities, including strict adherence to fiscal targets, are necessary to move Pakistan from stabilization to a strong and sustainable recovery,” the statement continued.

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In April, worker remittances rose by 27.9 percent year over year.

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Based on the central bank’s data, the United Arab Emirates (US$ 542.3 million), the United Kingdom (US$ 403.2 million), Saudi Arabia (US$ 712.0 million), and the United States of America (US$ 329.2 million) were the top four countries from which remittance inflows in April 2024 originated.

The SBP said in a statement that “for the first ten months of the current fiscal year, workers’ remittances increased by 3.5 percent cumulatively, with inflow of US$ 23.8 billion, as compared to the same period last year.”

Previous records show that in March 2024, remittances from overseas workers totaled US$3 billion.

Regarding expansion, remittances rose by 16.4% annually and 31.3 percent monthly during the month under consideration.

Comparing the first nine months of the fiscal year 2023–24 to the same period previous year, an inflow of US$ 21.0 billion in worker remittances was observed, up from US$ 20.8 billion.

Saudi Arabia (US$703.1 million), the United Arab Emirates (US$548.5 million), the United Kingdom (US$461.5 million), and the United States of America (US$372.5 million) were the top sources of workers’ remittance inflows on March 24.

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Problem with SIM blocking: FBR to “move” court against Telcos and PTA

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Unless telecom operators block the SIMs of 500,000 non-filers by May 15, FBR is reportedly planning legal action against them.

According to sources, the FBR has conferred with its legal counsel in order to challenge telecom providers, such as PTA, in the Islamabad High Court for failing to abide by directives to disable non-filers’ SIM cards.

Sources also stated that the FBR and Ministry of Finance have decided to take legal action against PTA and telecom providers for failing to carry out the directives to block the SIM cards of non-filers even after more than ten days had passed.

Following a nationwide impasse over the barring of recognized non-filers’ mobile SIMs, the Federal Board of Revenue (FBR) and telecom operators took action.

Tight sources on the matter disclosed that, citing operational and technical challenges, the Cellular Mobile Companies declined to disable the SIM cards of 506,000 taxpayers who had been recognized as non-compliant.

Reportedly, telecom providers argued in a statement that executing FBR’s regulations presents legal challenges.

The Federal Board of Revenue (FBR) called for the authorities to disable the SIM cards of over 506,000 identified non-compliant taxpayers nationwide on April 30, issuing a general income tax order. This is important to note.

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