The Algerian foreign direct investment regime was eased in 2020 and 2021, with the removal of the 51 / 49% rule, in terms of which, foreign investors are required to partner with Algerian resident nationals holding at least 51% of the share capital. This rule was eased for all foreign direct investment, except in certain strategic sectors, including (i) military industries under the Ministry of Defense; (ii) importation of raw materials and products for resale “as is”; and (iii) for 44 activities in strategic sectors, such as pharmacy, transportation and energy and mining.
A number of industry sectors are regulated in Algeria and require specific approvals or licenses from the supervisory ministry, including telecommunication, pharmaceutical products, medical devices, oil and gas, automotive, mining, insurance and banking.
For instance, mergers involving companies operating in the upstream hydrocarbon sector in Algeria are subject to prior authorisation by the State, which in this context, enjoys a right of pre-emption