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Foreign tourism investments to register?

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“No foreign investor may carry out any tourism related activity in the Maldives except after signing a foreign investment agreement and registering that investment with the Ministry of Tourism.”

Sounds like a major policy shift?

It is neither a new policy initiative nor a recent change in law.

The law

The policy statement is captured eloquently in section 39 of the Maldives Tourism Act. The section has been part of the Tourism Act since the law was first enacted some 21 years ago. Despite the fact that the Tourism Act has undergone amendments at least nine times since its introduction on May 16, 1999, section 39 has survived unaltered, unchanged.

Section 39 of the Maldives Tourism Act says this:

No foreign investor may carry out any tourism related activity in the Maldives except after signing a foreign investment agreement as mentioned in the Foreign Investment Act and registering that investment with the Ministry of Tourism as a foreign investment as provided in the Foreign Investment Act.

As is evident from the language of the section, the position crystallised in the form of section 39 of the Tourism Act is closely related to and deeply rooted in the Maldives Foreign Investment Act – a piece of law that has been in existence for some 41 years already, again unaltered, unaffected.

Section 1 (b) of the Foreign Investment Act that was introduced on May 1, 1979 says that no foreign investment can be carried out in the Maldives except after registering that investment and signing an agreement with the Ministry of Tourism (if the investment is in tourism) and with Ministry of Trade Industries and Labour (if the investment is in any other industry). Ministry of Trade is now succeeded by the Ministry of Economic Development.

Further, section three of the Foreign Investment Act reiterates that every investor in the tourism industry shall sign an agreement with the Ministry of Tourism if that activity relates to tourism, and with the Ministry of Trade Industries and Labor if the business relates to any other industry.

The unpacking

Let’s unpack section 39 of the Tourism Act and understand its components.

Firstly, the section applies to all foreign investments in the Maldives tourism sector. This may mean that it goes beyond the acquisition or leasehold ownership of a resort property. It extends to all verticals of the industry which are open for foreign direct investment.

Secondly, permissibility is dependent on to two events: signing a foreign investment agreement; and registration of the investment as a foreign investment.

The execution of the foreign investment agreement and registration of the investment are both considered as “entry requirements” for a foreign investor. Once a foreign investor travels through these two processes and completes its entry in to the Maldives, it gets to operate at a level field with a local investor in the same space. All other regulatory requirements of the industry are applicable to local and foreign investors alike – for example – the signing of an island lease agreement for lease of a resort property.

This striking legal requirement flows from the Foreign Investment Act which asks tourism sector foreign investors to register their investments with the Ministry of Tourism and investors in the non-tourism sectors to register their investments with Ministry of Economic Development; and irrespective of their chosen industry, to sign foreign investment agreements with the respective ministries.

The breach

Section 39 embodies a classic case of a piece of law that is “more honoured in breach than in the observance.”

While over time foreign investment approvals and signing foreign investment agreements have become synonymous with the Ministry of Economic Development, the requirement of law is in reality equally applicable to foreign investors in tourism and non-tourism sectors alike – as the legal requirement emanates from the same source – the country’s foreign investment law.

However, to our knowledge, there has never been an occasion where this legal requirement has ever been complied with so far as it relates to the tourism industry.

There is nothing in the body of legal rules, guidelines, or administrative bureaucracy of the Ministry of Tourism that dictates a foreign investor to complete a separate process of signing a foreign investment agreement or complete a registration process for its investment with reference to section 39 of the Tourism Act or section three of the Foreign Investment Act.

Whenever this legal requirement was flagged in legal due diligence investigations in the past, the prevailing view of responsible officials had consistently been that the requirements of section 39 are duly met with the signing of the Island Lease Agreement (in place of a separate foreign investment agreement) and grant of an operating license (in place of the registration of a resort investment). As much as they carve out these two requirements, the remaining regulatory requirements on registration and licensing are religiously followed – and applied to all investors alike – local or foreign – in all verticals of the industry.

The shift

However, this position may shift soon.

Ministry of Economic Development (the body responsible among other things for the registration of entities investing or operating in tourism industry) has launched a new FDI policy on February 11, 2020.

Since the inception of this FDI policy, the Ministry of Economic Development is insisting on following the foreign investment law requirements even in case of tourism sector investments – so long as they remain law.

The relief for existing investors is that the policy will be enforced only in respect of future requests – existing investments will not be disturbed.

The conclusion

Since this legal requirement rooted in an archaic piece of law (which has only been followed in its breach) has now been revived with the introduction of the FDI policy, there is bound to be discussion and disagreement. It is likely that the ensuing discussions may stimulate relevant policy makers or interested legislators to make a decision – either to keep the requirement as it is or expunge it from the statute books of the country.

Note: This article has been reproduced with permission from its author: Nasheed & Co., a commercial law firm in the Maldives. The original article can be viewed here.

Events

Italian and Spanish media experience Maldivian paradise on exclusive journey with Atmosphere Core

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From September 28th to October 4th, 2024, Atmosphere Core hosted an exclusive media trip to the Maldives for ten prominent journalists and PR professionals from Spain and Italy. The group experienced the serene and captivating lifestyle of two stunning private islands—OBLU XPERIENCE Ailafushi and RAAYA by Atmosphere—both renowned for their distinctive hospitality, thoughtfully curated holiday plans, and the unique “Joy of Giving” philosophy.

“At Atmosphere Core, we believe in a more creative approach to media trips,” said Euan Blake, Assistant Vice President of Communications. “The Italian and Spanish markets have been expanding for the Maldives, with a notable increase in room nights and revenue compared to last year. Over the past two years, we’ve been building strong relationships in these regions, and this journey through our islands aims to leave journalists with not only cherished memories but also lifelong friendships.”

The trip began at OBLU XPERIENCE Ailafushi, a lively four-star resort just 15 minutes by speedboat from Velana International Airport. Journalists were welcomed with breathtaking lagoon views and vibrant social gatherings at the X360 Bar. A standout experience was the customised Martín Códax Wine Masterclass at the Element X restaurant, led by Ms. Celina, a representative of Bodegas Martín Códax, and Nicolas Laguette, Director of Wines at Atmosphere Core. Representing 600 winemaking families from northern Spain, Ms. Celina guided the group through an exquisite multi-course wine tasting, featuring a selection of wines perfectly suited for the tropical climate and fresh seafood.

This was followed by an unforgettable underwater dining experience at the Only BLU restaurant and a visit to the neighbouring “island of love,” OBLU SELECT Lobigili, where they enjoyed a chic lunch at Ylang Ylang. The island’s lively, party atmosphere provided the journalists with a full immersion into the vibrant and relaxing resort lifestyle.

Next, a scenic seaplane journey transported the group to RAAYA by Atmosphere—a picturesque escape offering a blend of fairytale island charm and authentic Maldivian experiences. The 45-minute flight over the stunning atolls’ turquoise waters set the stage for their arrival in paradise, presenting the perfect introduction to the Maldives’ breathtaking beauty.

At RAAYA, the journalists experienced an ideal mix of energy and tranquility. A private dinner atop a secluded watchtower, inspired by the legendary sailor Seb, captured the essence of the resort’s castaway theme. The group explored the island’s natural wonders, took part in customised activities, and dined at RAAYA’s signature restaurants, including Seb’s Shack, Ampers&nd, and the Italian-inspired The Village.

Throughout their stay at both islands, the media guests were treated to rejuvenating spa therapies and wellness sessions at ELE|NA Ayur, Atmosphere Core’s signature spa and wellness brand. This immersive journey offered the journalists a true taste of tropical luxury, intertwining indulgence and adventure into every experience. Their stories are sure to inspire countless Spanish and Italian travellers to discover the hidden treasures of OBLU XPERIENCE Ailafushi and RAAYA by Atmosphere firsthand.

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Minor Hotels to open NH Collection Maldives Reethi Resort in Baa Atoll in 2025

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Minor Hotels, in partnership with a private equity fund managed by Ares Management, has announced the upcoming rebrand of Reethi Beach Resort as NH Collection Maldives Reethi Resort, set to re-open in Q4 2025 after an extensive renovation.

The 129-key property is set on a lush island in Hanifaru Bay within the Baa Atoll. Just a 35-minute seaplane flight from Velana International Airport in Male, the resort offers easy access to the atoll’s unspoiled beauty, home to manta rays, whale sharks, turtles, and an abundance of vibrant marine life.

Reethi Beach Resort will remain open until 25th April 2025, after which it will close for six months to undergo its transformation into NH Collection. The renovation, the most significant in the resort’s 25-year history, will include upgrades to the villas, dining outlets, and leisure facilities while preserving the lush island’s natural beauty.

NH Collection Maldives Reethi Resort will offer a mix of on-land and overwater villas that cater to the needs of a wide range of travellers. With 10 distinctive food and beverage outlets, including all-day dining venues, specialty restaurants, and bars, the resort will offer something for every taste. The resort offers diverse water activities in the Baa Atoll and its house reefs, including diving, snorkelling, fishing, and water sports. On land, guests can unwind at the spa, lounge by the pools, or stay active with tennis, badminton and squash courts plus a fully equipped fitness centre.

“We are excited to partner with Ares Management to introduce a fresh chapter for Reethi Beach Resort under the NH Collection brand. Renowned for its breathtaking marine life, this iconic destination will offer guests an unparalleled Maldivian experience, with enhanced offerings and sustainability at the forefront. We look forward to unveiling the reimagined NH Collection Maldives Reethi Resort in late 2025,” Puneet Dhawan, Head of Asia at Minor Hotels, said.

“For over 25 years, Reethi Beach Resort has been a sanctuary of tranquillity in the Baa Atoll, offering guests a truly authentic Maldivian retreat. We believe our collaboration with Minor Hotels will redefine this legacy, elevating the resort’s appeal while preserving the essence of its natural beauty and heritage. We are excited about our shared future and what we will accomplish together,” Kieran Bestall, Managing Director in Ares Asia at Ares Management, added.

The premium brand property will join Minor Hotels’ two resorts in the Baa Atoll – Anantara Kihavah Maldives Villas and Avani+ Maldives Fares Resort – offering guests a more accessible way to experience one of the Maldives’ richest marine ecosystems. NH Collection Maldives Reethi Resort will be Minor Hotels’ ninth property in the Maldives and the second NH Collection property, alongside NH Collection Maldives Havodda Resort, which opened in 2023 in Ghaafu Dhaalu Atoll.

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BBM, Vismark bring Southeast Asian culinary mastery to Maldives resorts

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BBM’s recent collaboration with Vismark Food Industries brought Southeast Asian culinary innovation to the Maldives, with a series of successful live cooking demonstrations across 11 resorts. Vismark, known for its commitment to high-quality food solutions, specializes in developing premium ingredients and ready-made culinary products.

Led by Chef Samson Lin (Head of Culinary Development) and Chef Kent Lim – at Vismark lead the demos that showcased dishes like Dumplings, Pau, and Satay capturing the imagination of resort chefs eager to integrate these flavors into their menus.

“The response from the chefs was phenomenal,” remarked Chef Samson Lin. “Their passion for learning and embracing new flavors truly stood out.”

BBM’s Resort Sales team facilitated the sessions, ensuring seamless engagement between the chefs and the culinary experts. Each resort’s participants were eager to adapt these Southeast Asian flavours into their own kitchens, with practical takeaways and a renewed sense of culinary creativity.

Reflecting on the event’s success, AVS Subrahmanyam, Chief Operating Officer of BBM, said: “This partnership with Vismark is a testament to our commitment to bringing world-class culinary experiences to the Maldives. The level of engagement from the resort chefs exceeded our expectations, and we’re excited to see how these new flavours will enhance guest dining experiences moving forward.”

Chef Kent Lim shared his thoughts, adding, “The interaction and feedback from the chefs were invaluable. They were not only open to new ideas but also committed to perfecting them for their guests.”

The demonstrations, held from September 8 to 19, 2024, provided participants with fresh inspiration. The overwhelmingly positive feedback from the chefs has set the stage for these Southeast Asian flavours to become a standout feature in resort dining across the Maldives.

BBM’s continued efforts to collaborate with global culinary experts like Vismark reflect their dedication to pushing the boundaries of fine dining in the Maldives, elevating resort experiences one dish at a time.

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