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MODELS OF MARKET ENTRY

1. Which are the key points that require attention when importing items
to Sri Lanka
.
. Sri Lanka’s unique geographic location The government has eliminated most When the customs authority does not
gives many advantages to operating an license controls, with a few items accept the declared value and determines
import or export business. The Port of remaining under license control mainly for the value in accordance with the GATT,
Colombo (known as Port of Kolomtota health and national security reasons. the importer has a right to appeal the
during the early 14th Century Kotte Poultry and some types of agriculture decision to the Director General of
Kingdom) is the largest and busiest port in commodities are under import license Customs. The Customs Ordinance allows
Sri Lanka and the Indian Ocean. However, control with agricultural commodities also an importer to clear the imported goods
understanding the processes, and requiring non-GMO certification. Sri Lanka provisionally from Customs custody
regulations you need to follow can be reserves the right to prohibit GM pending a final determination on value.
difficult without the proper guidance. agricultural commodities based on the However, this option is not available to an
In June 2020, the government imposed precautionary principle. importer where fraud is suspected. U.S.
temporary import suspensions on a range The import of drugs is subject to the companies have expressed concern that
of goods deemed non-essential in a bid to approval of the Drugs and Cosmetic the Sri Lanka Customs valuation system is
protect the exchange rate after it came Devices Committee of the Ministry of susceptible to misuse and is not
under pressure after governments’ efforts Health. consistently applied.
to minimize the impact of COVID-19 on the The Ministry of Defense controls the The Sri Lankan government has taken
economy. import of firearms and ammunition for use steps to improve trade facilitation in line
by the armed forces, police, and civil with the WTO Trade Facilitation
security. Certain military-related or dual- Agreement. A National Trade Facilitation
use items are prohibited or controlled. Committee (NTFC) was established in
Remote-controlled toys are also under 2016. Sri Lanka launched an online trade
license control for public security reasons. information portal in July 2018. All required
There are restrictions on the import of trade-related information is available on
toxic and hazardous chemicals and the portal as of April 2022
pesticides. Used and reconditioned air (https://srilankatradeportal.gov.lk/).
conditioners and refrigerators are under
license control for environmental
protection.
Sri Lanka requires import licenses for
more than 400 items at the six-digit level
of the Harmonized Tariff Schedule, mostly
for health, environment, and national
security reasons. Importers must pay a fee
to receive an import license. Import
licenses for meat products may be
required based on the health or disease
status of livestock in a particular country or
area.
Duties are calculated using the actual
transaction value of the goods (as
evidenced by the commercial invoice or
another contract of sale document). If the
value of the goods cannot be established
by this method, Sri Lanka Customs will
attempt to establish the value of the goods
using methods in line with Article 7 of the
GATT.

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2. Where should attention be given in terms of establishing the business
in Sri Lanka?
.
Starting a business in Sri Lanka could be It is important to decide which type of
profitable if you have the right business equipment is necessary for your
plan and strategy. The government of Sri business and how much money you
Lanka is providing many opportunities to will need to spend on it. Additionally, it
attract more foreign or direct investment. is helpful to research which
There are also several important factors businesses in Sri Lanka use which
that affect success when starting a types of equipment.
business in Sri Lanka. These include the
climate, the local market, the availability of .Marketing materials: Marketing
resources, and the personal qualities of materials can range from low-cost
the founders. If you have the right mix of items like flyers or T-shirts, up to more
skills and determination, you can start expensive items like website design. It
your own business in Sri Lanka. is important to determine what types of
materials are necessary and where
The legal status and scope of the they should be placed to maximize
company must be defined and clarified their impact.
under Sri Lankan law, in what capacity the
company will work, and the range of Labor costs: Labor costs can vary
services and business it will be involved in significantly between businesses in Sri
within Sri Lanka must be clarified. Lanka. It is important to determine how
Starting a business in Sri Lanka can be much labor you will need and whether
expensive and challenging. There are you can find local workers or contract
many different costs and regulations that out the work. Additionally, it is
need to be considered when setting up a important to consider how much
business in this country. Some of the most overtime pay employees may want or
common costs associated with starting a need during busy seasons.
business in Sri Lanka include:
In Sri Lanka, there are three main
Legal fees: These fees can range business licenses: Small Business License
from nominal to very high, depending (SBL), Medium Business License (MBL),
on the complexity of the case. It is and Enterprise Zone License (EZL). If you
important to consult with an attorney are starting a company with less than 10
beforehand to determine what these employees, you can apply for an SBL
costs will be. license. If you are starting a company with
more than 10 employees, you will need to
Marketing and advertising: This cost obtain an MBL license. And if you are
can range from very small amounts up starting a company in an enterprise zone,
to several thousand dollars per month, you will need to obtain an EZL license.
depending on the size of the business
and the competition. It is important to Once you have obtained your license, it is
determine what type of marketing important to start preparing your business
efforts are necessary and where they for operation by conducting an initial
should be concentrated. constitution and by studying the Business
Administration Manual (BAMS). The
Finance: Finance can be tight in Sri BAMS is an essential tool for organizing
Lanka, so it is important to have a your company and contains detailed
solid plan for funding your business. In instructions on how to run your business.
addition, it is helpful to consult with a Once you have completed all of these
financial advisor to get an idea of how steps, it is time to start selling products or
much money you will need to start services! The first step is to identify who
your business and grow it over time. your target market is.

Business equipment: Business


equipment can cost anywhere from a
few thousand dollars to tens of
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thousands of dollars.
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3. Is it difficult to initiate the construction procedure?
.
If you want to start a construction All documents are submitted by scanning The process is lengthy and it requires
company in Sri Lanka, it is important to the original and uploading it through the e- more than six different government
know what the required steps are to begin ROC website and the payments are made departments. While requesting a building
the process. The first step is to have a online. permit, proof of ownership must be
valid business license. If you are applying obtained and submitted. The three pieces
for a license, be sure to read the Licensing After the incorporation of the company, it of papers needed to prove ownership are
Requirements Section of the Sri Lanka must give public notice by the company acquired by a lawyer operating on behalf
Business Registration website. There you within 60 days. of BuildCo: a non-vesting certificate, a
will find detailed information on the types certificate of ownership, and a building
of licenses available and what specific This law is per section 9 of Sri Lanka’s and street line certificate. At the Colombo
requirements must be met. Through the Companies Act Number. 1566/32, dated: Municipal Council's Single Window
Registrar of Companies online site eRoc 12, September 2008. The information Counter (SWC), all three certificates may
system, you need to register your should be published in Government be acquired once (CMC).
company name. The registration of the Gazette and any daily newspaper in three BuildCo can submit the application for a
company name will be valid for three languages; English, Sinhala, and Tamil. building permit along with all the building
months. The notice must be given within sixty days designs and other paperwork after
of incorporation, and it will be published in ownership verification has been
Before setting up a new company, the newspapers within two weeks. established. The UDA has made online
secretary must be designated, and applications mandatory, and the only
consent must be signed between the The company must then register itself with people who can register to use the system
director and the company secretary. In the tax authorities and complete the form are chartered engineers or architects.
accordance with Article 221(1) of along with the necessary documents Then you need to Obtain a building permit
Companies Act No. 7 of 2007 each and including Form 1 and acquire a Tax from the Urban Development Authority
every company new or old must have a Identification Number (TIN). No charge is (UDA) which application form costs LKR
director and secretary. As for the fee, applied for this work. Takes about 1 day to 150.00. The owner(s) and a qualified
there is no specific number; it depends on complete this work. The physical presence individual must both sign the application in
the type of company. of the applicant or a representative of the order to get a certificate of conformity.
applicant is a must at the time of Only the names of the owners are used to
After the complication of the above- registration. issue the certificate of conformity (COC). It
mentioned processes, the company is is a mandate to obtain a COC for the
required to submit the documents as The company will get permanent VAT constructed building before occupying the
follows to the Department of Registrar of registration if the revenue of the company new building which may cost LKR 29, 103.
companies: is equal to or more than LKR 3,000,000 Once you got the above approvals from
From 1: Registration of Company per quarter or LKR 12,000,000 per year. the Sri Lankan government, you need to
Form 18: Consent and certificate of apply for essential utilities like electricity
director Companies must register with the and water. To obtain the water connection,
Form 19: Consent and certificate of the Department of Labor to obtain the BuildCo must submit an application to the
secretary Employees Provident Fund (EPF) National Water Supply and Drainage
One copy of the Article of Association. registration number. Registration with the Board. After that, BuildCo receives an on-
EPF must be done within 14 days of hiring site inspection, pays the water installation
the first employee. The fund is costs, LKR 31, 000, and signs an
government-owned and maintained by the agreement with the Board connection will
Central Bank. No separate registration is be given within 1 month. Obtaining
required to register with the Employees electricity process is also like this process
Trust Fund (ETF). ETF uses the same but with a different department. An
EPF number for their monthly application should be submitted to the City
contributions. Companies must also pay Office of the Ceylon Electricity Board to
gratuities to employees that have been obtain electricity.
employed for more than 5 years. The Starting a business in Sri Lanka could be
gratuity provisions do not apply to profitable if you have the right business
companies that have fewer than 15 plan and strategy. The business
employees. There is no pension scheme registration procedure in Sri Lanka is
for private sector employees. Businesses straightforward and hassle-free. The
that engage in activities of a dangerous government of Sri Lanka is providing many
nature should obtain special Factories opportunities to attract more foreign direct
Ordinance checkups. investment.
here are several steps involved in initiating
a construction project in Sri Lanka.
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4. What’s the process behind property registration
In developing, countries the administrative The second step is to have a title search The deed is sent for registration to the
framework for the registration of property must be carried out at the relevant Land relevant land registry – Now “1 Day Deed
seems to be inefficient and ineffective in Registry. According to section 17(a) of the Registration Service is available”. Once
coping with the dynamics of the land Notaries Ordinance No. 1 of 1907, the the notary provides the signed copy of the
markets. In Sri Lanka, it could be Notary shall search or cause to be transfer deed, the land registry starts to
presumed that the land registration system searched the registers in the land registry process new deed registration and shares
has not been effective in dealing with the to ascertain the state of the title regarding the information with the CMC to update
development requirements of the country. such land and whether any prior deed the ownership details.
The five elements of the quality of land adversely affecting any interest in such
administration index in Sri Lanka are equal land has been registered before drawing The Colombo City Council will require the
access to property rights, reliable any deed or instrument affecting any name of the new company to be registered
infrastructure, information transparency, interest in land or other immovable as the new owner. A Notary Public must
geographic coverage, and land dispute property. properly complete and submit an abstract
resolution. The project's most current of title form to the appropriate Local
round of data gathering was finished in The next step is to Obtain a Non-vesting Authorities.
May 2019. (Report DB 2020, source) certificate/Ownership certificate/Building &
Property registration is one of the essential Street Line certificate from CMC. The According to the World Bank’s Doing
services that people demand daily. The Certificate of Conformity, which attests to Business 2020 report, Sri Lanka ranked at
prevailing system compels citizens to pass the building's approval as a construction, the 138th position with a Doing Business
through many processes that consume must also be obtained by the buyer from score of 51.9 in the Registering a Property
more time, along with required interaction the seller. Indicator. Sri Lanka ranked top in the
with multiple institutions. South Asian region in registering property.
As per Section 2 of the Prevention of
The first step is to obtain an updated Frauds Ordinance, the Deed of Transfer
survey plan of the property. To verify that must be signed by the seller company in
the boundaries on the ground have not the presence of two witnesses and a
altered, it is advised to obtain a new Notary Public.  After that, you need to
updated plan of the property and the obtain the market value from the Provincial
building if it is 10 years old or older. This is Department of Revenue. Before or after
also recommended if the survey plan is the payment of stamp duty the instrument
outdated. To obtain the Building and of transfer is forwarded to the office of the
Street Line Certificate, this is also Provincial Department of Revenue of the
necessary. Western Province to obtain the market
value of the property. The department's
valuer will decide what amount is
appropriate and offer it. The balance must
be settled if the instrument is submitted
after the stamp duties have already been
paid and the department finds after an
investigation that the amount paid is
insufficient. "Instrument with duly paid
stamp duties" certification will be provided
by the department. By making sure the
stamp duty was paid in accordance with
the value given by the Provincial
Department of Revenue, the instrument
won't be recalled later for an examination
of its value and won't be denied
registration.

The payment of stamp duty at a


nominated bank needs to be done – Bank
branch counter is available within the CMC
single counter premises. Submit the
deposit slip to the Western Province
Revenue Department counter at the Single
Window Counter and attest to it.
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5. Is it difficult for foreign businesses to enter the market in Sri Lanka?
Which market entry would be good?
Due to an unmanageable debt load and products and services.
ongoing deficits on both the government
budget and the international balance of To be competitive, a country needs to
payments, Sri Lanka is currently develop strong growth policies and heed
undergoing an economic crisis that is the voices of those left behind by the
making it difficult to exchange foreign change. The country needs to make its
currencies (forex). The lack of foreign own investments to close the income gap
currency has made it impossible to import and build a resilient economy. It must
essentials such as food, medicine, and continue to promote the economic and
fuel. The scarcity of foreign exchange, social aspects of the nation. The
banking limitations put in place to preserve government should make these measures
foreign exchange, and the nation's poor available for all. The government should
credit rating have all had an influence on also make sure the privet sector is a full
trade and commercial operations. For both partner in Sri Lankan’s economy.
domestic and international businesses,
inconsistent and uncertain rules regarding
taxation, customs processes, and
6. Reference List
regulatory clearances are a major cause
for concern.
Official Website of the International
Businesses cite a lack of sufficient labor Trade Administration
supply as a major hindrance to operating https://www.trade.gov/country-commercial-
in Sri Lanka. Qualified workers are in short guides/sri-lanka/
supply as a result of the education system
producing too few engineers, technicians, Starting A New Business In Sri Lanka
scientists, and English speakers.Initial https://www.sfconsultingbd.com/sri-lanka-
indicators suggest that the economic crisis foreign-company-registration/starting-a-
is prompting an increased number of new-business-in-sri-lanka/
skilled workers to leave Sri Lanka and
seek employment abroad, further DOING BUSINESS ARCHIVE
aggravating the shortage of qualified labor. https://archive.doingbusiness.org/en/data/
Business representatives complain that exploreeconomies/sri-lanka
the rigid labor laws, including exceptionally
high severance pay regulations, make it Sri Lanka Customs website
difficult to adjust staff size and composition https://www.customs.gov.lk/business/impo
to market conditions. There are also rting-goods/
numerous overlapping labor regulations
that are often difficult for investors to
understand.

Sri Lanka has a considerable middle class


that is interested in purchasing Western
goods and services. It is a lower-middle-
income nation. The nation has
considerable infrastructure requirements in
the areas of ports, public housing, water
projects, and public transit. The
government has ordered that all
development initiatives must follow a build-
own-operate-transfer model with no debt
capital-funded projects due to its
unsustainable public debt levels. Sri Lanka
needs a variety of services and high-end
goods as a tourism hub. Sri Lanka also
aims to establish itself as a logistics and
technological center for the area, , which
opens a market for the export of IT RDS MADSHIKA 5
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