International Development Law Organization

Investment Support Programme | STEP ONE: Who is eligible?

 

Who can ask for assistance under the ISP/LDCs?

To determine your eligibility and before requesting assistance under the Programme, please select one of the three beneficiary categories you belong to within this box. You will then be directed to more information and a checklist you need to consider to determine eligibility.

   LDC Government

   Eligible State-owned Entity

   Eligible Private Sector Entity

 

1.  LDC Government

Beneficiaries of the ISP/LDCs are the 47 LDCs so designated by the United Nations General Assembly as of 1 March 2018.

These are: Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Dem. Rep of the Congo, Djibouti, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Lao People’s Dem. Republic, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Myanmar, Nepal, Niger, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Sudan, Timor-Leste, Togo, Tuvalu, Uganda, United Republic of Tanzania, Vanuatu, Yemen and Zambia.

Any of the LDCs that graduate from the LDCs category will remain eligible to apply for assistance under the programme for a period of five years after the date of graduation.

Checklist

1. Are you applying on behalf of one of the 47 LDC Governments? 

If you reply “yes” you may be eligible for assistance >  Step two: How to apply

2.  Eligible State-owned Entity

Entities fully- or partly-owned by the State or other public authorities of any of the 47 LDCs (see list) are eligible to request assistance under the programme.

The applicant will be asked to provide a declaration to this effect, along with proof that the applicant entity is fully-owned or appropriately partially-owned by the State [view Declaration]. IDLO will confirm eligibility after reviewing the application and accompanying materials and conducting due diligence.

Entities partly-owned by the State or other public authorities are eligible only if any foreign (non-LDCs) holding is not greater than 25 % of the capital of the entity, and the entity is not under foreign (non-LDCs) supervision, direction or control.

Checklist

1. Are you applying on behalf of an enterprise fully owned by the State or other public authorities of any of the 47 LDCs?

2. Are you applying on behalf of an enterprise that is partly-owned by the State or other public authorities (provided that: a. any foreign (non-LDCs) holding is not greater than 25% of the capital of the entity, and b. your enterprise is not under foreign (non-LDCs) supervision, direction or control)?

If you reply “yes” to either of the two questions above, you may be eligible for assistance Step two: How to apply

3.  Eligible Private Sector Entity

The ISP/LDCs aims at assisting:

1. Small and medium-sized enterprises (SMEs) that are so deemed under the national legislation of any of the LDCs. 

The applicant will be asked to provide the relevant national legislation and sufficient information to demonstrate that it meets the criteria under the applicable legislation [view Declaration]. IDLO will confirm eligibility after reviewing the application and accompanying materials and conducting due diligence.

2. Under-resourced enterprises: IDLO will use a multi-factor test to enable certain other private entities that are not deemed SMEs to apply for assistance.

The applicant will be asked to provide a declaration that it fulfills the necessary requirements [view Declaration]. IDLO will confirm eligibility after reviewing the application and accompanying materials and conducting due diligence.

Please review the criteria set out in Annex 1 ISP/LDCs Program Document [view Programme Document]. If you need further assistance please contact IDLO from the link at the bottom of this page.

Checklist

SMEs

1. Is your enterprise considered an SMEs under your national legislation?

If you reply “yes”, you may be eligible for assistance Step two: How to apply

Under-resourced enterprises

1. If your enterprise is engaged in economic activity but is not formally considered an SME in your country, it can still be eligible for assistance by answering further:

For both incorporated and unincorporated entities:

2. Does your enterprise employ fewer than 50 persons and have an annual balance sheet total not exceeding USD 5 million?

For the purposes of replying to the question above please note the following:

The staff headcount covers full-time, part-time, temporary, and seasonal staff (as defined by national law), and includes the following: employees; persons working for the entity who have been seconded to it and are considered to be employees under national law (this can also include temporary or so-called interim employees); owner-managers; consultants; or partners/affiliates engaged in a regular activity in the enterprise and deriving financial advantages from the enterprise.

In addition:

1. Does your enterprise have a holding equal to or greater than 25% of the capital in another (partner) entity?

2. Does another (partner) entity have a holding equal to or greater than 25% in the applicant enterprise?

If yes, an equivalent proportion of the partner’s/affiliate’s staff headcount and financial data must be added to those of the applicant enterprise.

For example, your enterprise has a 30% stake in another entity, please add 30% of the partner entity’s headcount and balance sheet total to your own figures.  If your enterprise has several partner entities, please add the relevant amounts for each partner entity.

For incorporated entities:

1. Is your enterprise incorporated in an LDC in accordance with the appropriate domestic legislation?

2. Is your enterprise free of any foreign capital stake, either direct or beneficial?

3. Are at least 50% of the assets and employees of your enterprise located within the territory of the LDCs?​

For unincorporated entities:

1. Can you demonstrate that incorporation is not required in your country?

2. Is your enterprise free of any direction or control of any foreign (non-LDCs) entity?

3. Are at least 50% of the assets and employees of your enterprise located within the territory of the LDCs?

If you reply "yes" to all questions you may be eligible for assistance Step two: How to apply

If your enterprise exceeds the staff headcount and balance sheet thresholds it may still request assistance under the ISP if the projected cost of the legal and other expert fees required for the conduct of the foreign investment-related negotiations or the representation in foreign investment-related dispute settlement exceed 5% of its total assets (including those of any partner entity).