INTRODUCTION हाम्रो न्युयोर्क डट कम
The Nepali living and working abroad play an important role in the economic development of Nepal. According to the latest statistics, the Nepali working abroad have sent more than US$950 million to Nepal through various channels in 2001-02 alone. This amount would go up significantly if legal and banking provisions were made to facilitate foreign remittances fo
r deposits and investments in the country. Nepal has provided manpower services to foreign countries for almost 200 years. Since 1815 the British Government has hired Nepali citizens to join their military forces (Gurkha regiment) under an agreement signed between the two countries. The Governments of India and Singapore are also regularly recruiting Nepali Gurkhas every year. A number of them have even been awarded the Victoria Cross (V.C.) and other important awards in honour and recognition of their bravery and commitment. More than 800,000 Nepalis are presently living in about 32 countries around the world. This constitutes Nepali residents, professionals, scientists, skilled and unskilled labourers, businessmen and students. Some of them have joined the United Nations system, other international and regional organizations and multi-national companies. Many of them have obtained citizenship of the country of residence. Under the Foreign Employment Act of His Majesty's Government of Nepal (HMG/N) enacted in 2042 (1985), the Ministry of Labour and Employment Promotion (MLEP) has licensed about 200 employment agencies to hire Nepali citizens to work in foreign countries. In addition to these agencies, private individuals are also engaged in sending Nepali citizens abroad for employment. LEGAL STATUS OF NEPALI WORKING/LIVING ABROAD
Thus far, no legal provisions have been provided for the Nepali living abroad for longer periods. The only present status is that they are treated on the same footing as those living in Nepal. Furthermore, no legal framework is available to welcome and attract financial resources that they can bring into the country for long-term investment and development. Non-resident Nepali (NRN) have been making immense contributions to the countries of residence, particularly in the field of technical, economic, academic and social sectors. Unfortunately, they have not been able to contribute to their own country though they have a great potential, strong willingness and commitment to improve Nepal's financial resources by transferring foreign currencies through banks and other official channels. As our neighbours Bangladesh, India, Pakistan and Sri Lanka have done in the recent past, there is a need for a separate legal provision for Nepali living in foreign countries. They could be called 'Non-Resident Nepali' (NRN) and perhaps could be defined as follows:
"A Non-Resident Nepali (NRN) is a Nepali citizen or a person of Nepali origin who has been staying outside Nepal for at least 183 days in a year for employment, business or self employment and indicating an intention for an uncertain duration of stay abroad. Non-resident foreign citizens of Nepali origin* also covered under this definition. But Nepali citizens working for His Majesty's Government of Nepal or for Nepali resident organizations abroad are not covered under NRN"
SUGGESTIONS AND RECOMMENDATIONS
In view of the aforementioned situation, the Russia-Nepal Chambers of Commerce and Industry (RNCCI) presents the following suggestions and recommendations to His Majesty's Government of Nepal for its active and due consideration:
The status of Non-Resident Nepali (NRN) should be defined, as stated above, in the Constitution of Nepal. Honorary Nepali citizen of foreign nationality as per the constitution of Nepal 2047 (1990 AD) paragraph 10, as well as foreign citizen of Nepali origin may also be considered as NRN. Facilities and privileges similar to those offered to foreign investors as stated in F***A 2049 should also be granted to NRN. These facilities and privileges, including foreign currency regulations and repatriation of deposits and assets, should be offered to NRN to attract investment in Nepal. As per Foreign Exchange Regulations Act 2019 (1962 AD), NRN should be allowed to open foreign currency accounts in authorised banks in Nepal. This arrangement should be regularised through NRN Foreign Currency Account Scheme under the Nepal Rastra Bank. Tax should not be levied on foreign remittances and interest earned on them. Double taxation on foreign remittances and investment should be avoided. Dual citizenship normally can be obtained in more than one way: through country of birth, grandparents or parents, naturalization and marriage. Many countries in the world allow dual citizenship, e.g. Australia, Bangladesh, Canada, India, Sri Lanka and some countries do not recognize it, including Pakistan, Japan, Nepal, Thailand, Singapore, etc. Permission may be granted to NRN to establish business/industry and Overseas Corporate Bodies (OCB) in foreign countries and allow them to recruit foreign nationals to conduct business. Source: http://www.nrn.org.np
