TRADENET COMMERCIAL ATLAS ROMANIA BULGARIA GREECE ARMENIA - TURKEY
TRADENET COMMERCIAL ATLAS
CONTENT
CONTEXT 3
ROMANIA 5 - COUNTRY PROFILE 7 - INSTITUTIONAL FRAMEWORK 15 - LEGAL FRAMEWORK FOR DOING BUSINESS 19 - INVESTING IN ROMANIA 27 - IMPORT AND EXPORT ACTIVITIES 35 - SOURCES OF FINANCING BUSINESS ACTIVITIES 43 - ENTREPRENEURIAL CULTURE 45 - LOCAL RESOURCES FOR CROSS BORDER BUSINESS COOPERATION 47
BULGARIA 51 - COUNTRY PROFILE 53 - INSTITUTIONAL FRAMEWORK 61 - LEGAL FRAMEWORK FOR DOING BUSINESS 65 - INVESTING IN BULGARIA 69 - IMPORT AND EXPORT ACTIVITIES 77 - SOURCES OF FINANCING BUSINESS ACTIVITIES 83 - ENTREPRENEURIAL CULTURE 87 - LOCAL RESOURCES FOR CROSS BORDER BUSINESS COOPERATION 91
GREECE 95 - COUNTRY PROFILE 97 - INSTITUTIONAL FRAMEWORK 101 - LEGAL FRAMEWORK FOR DOING BUSINESS 107 - INVESTING IN GREECE 117 - IMPORT AND EXPORT ACTIVITIES 129 - SOURCES OF FINANCING BUSINESS ACTIVITIES 135 - ENTREPRENEURIAL CULTURE 139 - LOCAL RESOURCES FOR CROSS BORDER BUSINESS COOPERATION 141
ARMENIA 145 - COUNTRY PROFILE 147 - INSTITUTIONAL FRAMEWORK 153 - LEGAL FRAMEWORK FOR DOING BUSINESS 159 - INVESTING IN ARMENIA 165 - IMPORT AND EXPORT ACTIVITIES 171 - SOURCES OF FINANCING BUSINESS ACTIVITIES 179 - ENTREPRENEURIAL CULTURE 185 - LOCAL RESOURCES FOR CROSS BORDER BUSINESS COOPERATION 187
TURKEY 191 - COUNTRY PROFILE 193 - INSTITUTIONAL FRAMEWORK 203 - LEGAL FRAMEWORK FOR DOING BUSINESS 209 - INVESTING IN TURKEY 215 - IMPORT AND EXPORT ACTIVITIES 223 - SOURCES OF FINANCING BUSINESS ACTIVITIES 229 - ENTREPRENEURIAL CULTURE 235 - LOCAL RESOURCES FOR CROSS BORDER BUSINESS COOPERATION 237
TRADENET COMMERCIAL ATLAS
TRADENET COMMERCIAL ATLAS
CONTEXT
Tradenet Commercial Atlas is a guideline for business relations between companies located in the Black Sea basin, in Romania, Bulgaria, Greece, Armenia and Turkey. It is an activity of Black Sea Tradenet Project, developed under the Black Sea Programme.
This Atlas for commercial relations has been possible due to the Joint Operational Programme Black Sea Basin 2007-2013 that is a programme under the European Neighbourhood & Partnership Instrument (ENPI) of the European Union*. The programme aims to contributing to: a stronger and sustainable economic and social development of the regions of the Black Sea Basin. The overall objective of the programme is to achieve stronger regional partnerships and cooperation, and thus contributing to its key wider objective: a stronger and more sustainable economic and social development of the regions of the Black Sea Basin. Three priority axes implement the programme, and allow for promoting economic and social development in the border areas, working together to address common challenges, and promoting local, people-to-people cooperation.
Black Sea Tradenet Project is implemented by seven partners located in Constanta (Romania), Dobrich (Bulgaria), Thessaloniki and Kavala (Greece), Yerevan (Armenia), Trabzon and Zonguldak (Turkey). Five chambers of commerce and industry, one national centre for SMEs and one foreign trade board will cooperate over one and a half year (2011-2012) to achieve the projects overall objective to encourage and facilitate intra-regional partnerships and cross-border cooperation aiming at sustainable development in the Black Sea Basin, based on combined resources, activities and networks of common interest. Projects specific objectives are to improve access of business and potential investors to intra-regional information and trade supporting instruments, to initiate a pro-Black Sea entrepreneurial culture by promoting business opportunities, to facilitate connectivity between business support organizations and top build capacity among business support organizations.
The project addresses to small and medium-sized enterprises in 7 partner-towns from 5 countries, and Business Support Organizations (BSOs) from all five countries. Local business communities of the partner towns will benefit of projects estimated inputs and result, as follows: Joint events for encouraging and promoting economic and trade intra-regional partnerships, enhancing direct contact and mutual knowledge among businesses in the Basin; Supporting instruments in order to promote and facilitate intra-regional economic and trade cooperation; The Black Sea Tradenet network, with 7 contact points in Armenia, Bulgaria, Greece, Romania and Turkey, as a common framework for developing intra-regional economic and trade cooperation in the Black Sea Basin; Increasing know-how and good case practices transfer among business support organizations from all 5 countries; Documentation on 8 subjects related to business registering, operating and cooperating in the 5 partner-countries.
TRADENET COMMERCIAL ATLAS
Black Sea Tradenet Project has a total budget of 380,000.00 euro, of which 90% from EU.
In this context, the Atlas facilitates and encourages regional cooperation in the business environment of the Black Sea Basin, by providing relevant information and knowledge to businesses seeking partners in other countries: legislative requirements to start and operate a company, statistics about the economic and trade development in the area, financing sources available, investment opportunities, etc.
*European Union The European Union is a unique economic and political partnership between 27 European countries. In 1957, the signature of the Treaties of Rome marked the will of the six founding countries to create a common economic space. Since then, first the Community and then the European Union has continued to enlarge and welcome new countries as members. The Union has developed into a huge single market with the euro as its common currency. What began as a purely economic union has evolved into an organisation spanning all areas, from development aid to environmental policy. Thanks to the abolition of border controls between EU countries, it is now possible for people to travel freely within most of the EU. It has also become much easier to live and work in another EU country. The five main institutions of the European Union are the European Parliament, the Council of Ministers, the European Commission, the Court of Justice and the Court of Auditors. The European Union is a major player in international cooperation and development aid donor. The primary aim of the EUs own development policy, agreed in November 2000, is the eradication of poverty. http://europa.eu/ ROMANIA
TRADENET COMMERCIAL ATLAS
ROMANIA
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ROMANIA
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COUNTRY PROFILE
General information
Official name ROMANIA
Flag and coat of arms
Legal system Romania is a parliamentary republic, the current Constitution was adopted in 1991 and subsequently amended in 2003. The Parliament represents the legislative power in the state. It is a bicameral 471-seat Parliament composed of the Senate (137 seats) and the Chamber of Deputies (334 seats). The Government, led by a prime-minister appointed by the president of the country, is the executive power.
Geographical location Romania is located in the geographical center of Europe (southeastern of Central Europe), on the Black Sea coast. It lies on north of the Balkanic peninsula, inside and outside the Carpathian arch, on the lower Danube (1075 km) and by the Black Sea. It lies between latitudes 43 and 49 N, and longitudes 20 and 30 E. Easterly, Romania is oriented towards the sea, while westerly, towards the continent.
ROMANIA
TRADENET COMMERCIAL ATLAS Frontiers The length of Romanias frontiers is of 3150 km, of which 1085.5 km are terrestrial frontiers, and 2064.5 km water frontiers. Romania shares a border with Hungary and Serbia to the west, Ukraine and Moldova to the northeast and east, and Bulgaria to the south.
Area With a surface area of 238,391 km, Romania is the largest country in southeastern Europe and the twelfth-largest in Europe. An area of 23 700 km of Black Sea platform should be added to this area. Water represents 3% of Romanias area.
Relief Romanias relief is composed of three main levels, namely the high level of the Carpathian Mountains, the middle level of the Sub-Carpathians, hills and plateaus, and the lowlands of plains, meadows and Danube Delta. These major relief forms are disposed in balanced concentric areas: 31% mountains, 36% hills and 33% lowlands.
Waters The running waters are radial, most of them springing in the Carpathian Mountains. Danube is their main collector and it runs the southern part of Romania on a 1075 m length. Danube flows into Black Sea and forms Danube Delta, the second largest and best preserved delta in Europe, and also a biosphere reserve and a biodiversity World Heritage Site. The main rivers are Mures - 761 km, Prut 742 km, Olt - 615 km, and Siret 559 km. Of great economic importance, Black Sea Danube Canal is a 64.2 km manmade canal linking Black Sea (Constanta) and Danube (Cernavoda), reducing the navigation way between Constanta Port and Cernavoda with 400 km. Lakes are mainly natural, spread on all major relief forms, from glacial lakes in the upper relief level, to river-maritime lakes. The largest natural lakes in Romania are Razelm Sinoe maritime lagoons (41,500 ha), Lakes Oltina and Tasaul, Lakes Brates and Dranov of over (2,000.00 ha). Manmade lakes are also numerous and many of them are artificial dam lakes, such as Lake Portile de Fier on Danube 70,000 ha.
Climate Due to its position between open sea and in the edge of the European continent, Romania has a climate that is transitional between temperate and continental, with four distinct seasons. The average annual temperature is 11 C in the south and 8 C in the north. Precipitation is average with over 750 mm per year only on the highest western mountainsmuch of it falling as snow, which allows for an extensive skiing industry. In the south-central parts of the country the level of precipitation drops to around 600 mm, while in the Danube Delta, rainfall levels are very low, and average only around 370 mm.
Natural resources Romania enjoys important natural resources ranging from oil and natural gas, coal mainly coal, brown coal, and lignite, large resources of salt, metal and non-metal minerals, gold, silver and primary aluminium (bauxite), wood and timber, important arable areas. Over 2,000 mineral springs for consumption and health treatment are also considered an important natural resource. Renewable sources for energy are also important, the wind potential of sea coastal territories being considered to be one of the highest in Europe, while the water energy is important on numerous rivers.
Oficial language Romanian is the official language of Romania.
Time zone Eastern European Time (UTC+02), Eastern European Summer Time (UTC+03)
Religion 86.7% of the inhabitants are Orthodox Christian, followed by other Christian churches:Roman Catholic, Protestant, Pentecostal. Muslim church represents 0.3% of the total population. ROMANIA
TRADENET COMMERCIAL ATLAS Currency Romanian currency is leu lei in plural, wiht ban as subdivision. 1 leu = 100 bani. Transactions are made with coins (1, 5 and 50 bani), and notes (1, 5, 10, 50, 100, 200 and 500 lei). Official ISO 4217 short name is ROL. The national currency course is established daily on the inter-bank market, the refewrence currency being euro. The average exchange rate in 2010 was of 4,2099 lei for 1 euro.
Measuring system The standard metric system has been adopted into 1884. Excepting for remote rural areas, no traditional metric system is in use in Romania.
Administrative organisation Romania is organised into several types of units that correspond to the European classification systems Nomenclature of territorial units for statistics (NUTS) and the system meeting the demand at local level - Local Administrative Units (LAU), as per 2010, January the 1 st . Thus, Romania is organised into 42 counties, including Bucharest, the capital town. They have legal identity and correspond to NUTS3 level. Counties have in average between 300,000 and over 700,000 inhabitants. At local level, the organisation is based on towns and municipalities (municipii) 320 units of LAU2 level, and communes and villages 2861 communes encompassing 12,956 villages of LAU2 level. Towns varies between 5,000 and over 1,000,000 inhabitants, most of them having 20,000 50,000 inhabitants, while communes varies between 1,000 and over 10,000 inhabitants, most of them 2,000 5,000 inhabitants. For development purpose, Romania has defined 8 development regions encompassing 2 8 counties (NUTS2 level) and macroregions encompassing 2 development regions each (NUTS1 level). They do not have legal identity. There are no autonomous regions in Romania.
National holiday and other legal holidays 1 st of December the national holiday of Romania, celebrating the union of Transilvania and Banat historical regions (west of Romania) with the existing Romania, and thus, the unification of all Romanian into one modern state (1918). One day-off is related to the national day. Six other national holidays are declared by law, with one or two day-offs.
Romania, as a member in international organisations Romania is a member of numerous international organizations, of which 1 : United Nations (UN), since 1955 North Atlantic Treaty Organisation (NATO), since 2004 Council of Europe, since 1993 European Union (EU), since 2007 World Bank, since 1972 In terms of economy, Romania is a member of: European Bank for Reconstruction and Development (EBRD) European Investment Bank (EIB) Food and Agriculture Organization (FAO) International Chamber of Commerce (ICC) International Bank for Reconstruction and Development (IBRD) International Monetary Fund (IMF) United Nations Conference on Trade and Development (UNCTAD) World Tourism Organization (UNWTO) World Trade Organization (WTO) World Customs Organization (WCO) In terms of security and cooperation, Romania is a member of: Organization for Security and Cooperation in Europe (OSCE) International Criminal Court (ICCt)
1 Government of Romania, Ministry for Foreign Affairs
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TRADENET COMMERCIAL ATLAS International Criminal Police Organization (Interpol) International Red Cross and Red Crescent Movement (ICRM) United Nations High Commissioner for Refugees (UNHCR) World Health Organization (WHO) In terms of regional affairs and policy, Romania is a member of: Black Sea Economic Cooperation Zone (BSEC), since 1992 Southeast European Cooperative Initiative (SECI) Central European Initiative (CEI) Euro-Atlantic Partnership Council (EAPC) Group of 9 (G9)
History and civilisation
Romanian civilization is one of the oldest civilizations in Europe, as human fossils of about 42,000 years old were discovered in the country.
The oldest written record of people living in the geographical area of the present-day Romania is highlighted in Herodotus's book, where he mentioned about the Getae tribes.The Dacians were a part of Thracians, the inhabitants of the area between Northern Carpathian chain and the Balkan mountains. In the 1st century BC, the Roman Empire expanded its border and the Dacian kingdom became a Roman province. During the 3rd century, the Roman troops and administrative body left Roman Dacia in the face of possible attacks by the Carpian and Goth tribes. After the retreat of the Romans, Dacia was invaded repeatedly by numerous migratory tribes. In the middle ages, the Romanians mainly inhabited Wallachia, Moldavia and Transylvania. During the 10th and 11th centuries, Transylvania became an autonomous part of the Hungarian kingdom. Wallachia and Moldavia came under the control of Ottoman Empire. Important figures in the middle age were Michael, the Brave, whose main intention was to unite the lands inhabited by the Romanians and create a single country, and Stephen, the Great, who ruled the Moldavia region between 1457-1504, and was a great military leader. Transylvania, Wallachia and Moldavia had been able to maintain their internal autonomy and some degree of independence under the Ottomans until eighteenth century. In the eighteenth century, the Ottoman Empire witnessed a gradual decline and lost its former power and glory. The rise of the Russian and Austrian empires affected the political scenario of Romania, and Transylvania was captured by the Austrians, while later on, Bukovina, a part of Moldavia, and Bessarabia also came under the rule of Austria
The desire of the Romanians to form an independent nation gave birth to many revolutions in the three principalities. In 1848, revolution for complete independence took place in the regions of Wallachia, Moldavia and Transylvania. On January 24, 1859, Wallachia and Moldavia were united under the rule of Alexandru Ioan Cuza. In 1866, Alexandru Cuza was removed from the throne, and Prince Karl of Hohenzollern (Prince Carol of Romania) was appointed in his place. In 1877, during Russian-Turkish war, the Romanian principalities rendered their support to Russia, and fought against the Turks. After the war, Romania declared independence from the Ottoman Empire and got recognition as an independent state with the Treaty of Berlin in 1878. But, in return, Romania had to give up a large portion of Bessarabia to Russia.
Romania during World War I: in 1916, Romania entered World War I as an ally of France, Russia and United Kingdom, on the condition that after the war it would regain its authority over Transylvania. In May 1918, Romania discontinued the war, and signed a treaty with Germany and again joined the war in October, 1918. By then, the Austrian and Russian empires had collapsed; and hence, Bassarabia, Bukovina and Transylvania united with the Romanian kingdom, that led to the formation of Greater Romania.
ROMANIA
TRADENET COMMERCIAL ATLAS Romania during World War II: Romania joined the world war as an ally of Germany, and played an important role in the war as a source of oil for Germany. During the war, it lost many regions under the pressure of Germany and the Soviet Union. The country lost southern
Dobruja to Bulgaria, northern Transylvania to Hungary, Bessarabia and northern Bukovina to the Soviet Union.
In 1947, Romania came under the direct control of Soviet Union, and as a result communism was established in Romania. The Russians controlled Romania till 1958. The communist regime changed its policy, and in the 1960s, in the first years of Nicolae Ceausescus rule, the country - the Socialist Republic of Romania - was recognised for its pro-western views and good relations, while challenging the authority of the Soviet Union. Between 1977 and 1981, Romania's economic condition started to deteriorate and its foreign debt increased to a large extent. In order to repay such a huge amount of debt, Nicolae Ceausescu introduced many policies, which further worsened the condition of the people and the economy. As a result, Romanian revolution took place in 1989, which brought an end to the communist regime.
Romanians have succeeded in restoring democracy, stability, peace and order in the country. Now a days Romania is rapidly integrating with Western Europe, becoming a member state of the European Union in 2007. Romania is a pluralistic, multi-party state and a parliamentary republic.
Socio-economic profile
Population and structure of population Romania had 19.042.936 inhabitants by 2011, November the 20th t . Like other countries in the region, the population is expected to gradually decline as a result of sub-replacement fertility rates. The average age of the Romanians was of 69.7 years in 2010. Roughly half of the population is living in towns, 52.8%, while 51.3% of the population are women, and 48.7% men. Romanians make up 88.6% of the population. The largest ethnic minorities are the Hungarians (6.5% of the population) and Gypsies (3.2% of the population). 2
Economic profile Before the global economic recession, Romania enjoyed almost a decade of steady economic growth, thanks to a strong demand in EU markets. Domestic consumption and investments have fuelled strong GDP growth, but have also led to a widening account deficit. From the 2008 great economic expansion, when a credit-fuelled consumption made Romania the EUs fastest-growing economy, the country plunged into recession in 2009 when the GDP fell by more than 7%. This prompted the Government to seek multilateral support, including from the IMF, the European Commission and the World Bank Group. The international community agreed to support the reforms with a package totalling EUR 19.95 billion over the period 2009-2010. Austerity measures were implemented through 2010, yet the GDP contracted by another 1.9% in the same year. Nevertheless, the countrys fiscal performance to date sends encouraging signals with respect to resumed growth in 2011. Analysts forecast a growth in GDP of 1.5% in 2011, followed by a growth of 4.4% in 2012.
GDP per capita (Euro) 3,676 4,501 5,938 6,501 5,611 5,903 6,400
2 Results of Population and Home Census 2011 (2.02.2012) 3 Source: Institute of National Statistics, International Monetary Fund and World Bank 4 2011 IMF forecast
Inflation: The inflation rate rose to 8 percent in December 2010, more than double the 3.4 percent forecast. IMF predicts that inflation will average 5.2% in 2011.
Budget Deficit: The administration plans to narrow the budget deficit to 4.4% GDP, in 2011, compared to the 7.8% in 2010, in line with its international borrowing agreements. In December 2010, Romania's parliament approved an austere budget for 2011 that will allow for these budgetary cuts.
Structural Reform: The authorities are making progress on reforms of the labor market and of the social benefits system, which will improve its targeting and help mitigate the impact of the austerity package, approved in July 2010.
Unemployment: As key reforms in public sector are advancing and a unified wage law for the public sector was approved, the unemployment rate has begun to stabilize. At the same time, the creation of new jobs in the private sector is more difficult. Unemployment will be around 7% in 2011 (i.e., the lowest in the region in all three years), according to the IMFs forecast.
Exports: With consumer confidence and economic sentiment gradually improving and export-oriented industry continuing to grow, recent indicators suggest growth will turn positive early in 2011.
Human Development Indicators 5
Human Development Indicators 2005 2006 2007 2008 2009 2010 Human Development Index (HDI) 0.805 0.811 0.813 0.765 0.764 0.767 Life expectancy at birth (years) 71,5 71,8 71,9 73,2 73,2 73,4 Adult literacy rate (% ages 15 and older) 97,3 97,3 97,4 98 98,3 98,3 Gross enrolment ratio for schools 75 76,8 77 79,2 79,2 79,2 GDP per capita (PPS US$) 8,439 9,045 9,927 12,001 11,013 11,203 Life expectancy index 0,78 0,78 0,81 0,81 0,81 0,82 Education Index 0,9 0,9 0,91 0,91 0,92 0,91 GDP Index 0,74 0,752 0.758 0,771 0,783 0,798
5 Source: UNDP Human Development Report
ROMANIA
TRADENET COMMERCIAL ATLAS Romania, part of the Black Sea community
On 25 June 1992, the Heads of State and Government of eleven countries: Albania, Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Moldova, Romania, Russia, Turkey and Ukraine signed in Istanbul the Summit Declaration and the Bosphorus Statement giving birth to the Black Sea Economic Cooperation (BSEC). It came into existence as a unique and promising model of multilateral political and economic initiative aimed at fostering interaction and harmony among the Member States, as well as to ensure peace, stability and prosperity encouraging friendly and good-neighbourly relations in the Black Sea region. The BSEC Headquarters - the Permanent International Secretariat of the Organization of the Black Sea Economic Cooperation - was established in March 1994 in Istanbul.
BSEC covers a geography encompassing the territories of the Black Sea littoral States, the Balkans and the Caucasus with an area of nearly 20 million square kilometres, located on two continents. BSEC represents a region of some 350 million people with a foreign trade capacity of over USD 300 billion annually. After the Persian Gulf region, it is the second-largest source of oil and natural gas along with its rich proven reserves of minerals and metals. Also, it is becoming Europe's major transport and energy transfer corridor.
With this aim, Romania develops its activities on two main directions 6 , first, an active participation in actions of international cooperation aimed at fighting terrorism and cross- border organized crime, and second, developing regional relations and cooperation for building up stability and resolving crises. The main objectives of Romania in the Black Sea region, which were announced in a national strategy (2006), aim at creating and strengthening a stable, democratic, prosperous area in the Eastern neighbourhood, but also at opening the Black Sea wider region to the European and Euro-Atlantic values and processes.
The Black Sea Synergy emerged as a new proposal for an EU policy particularly designed for the region. It was initiated in 2007, during the German presidency of the EU, following the actions of Romania, Bulgaria, Greece, and with the support of other member states and the input of the European Commission. It was officially launched on 14 February 2008, in Kiev. The main objective of the Black Sea Synergy 7 is to build up cooperation in the Black Sea region. It offers the guidelines for the implementation of concrete and pragmatic projects of cooperation between wider Black Sea region states and the EU, in areas such as: democracy, human rights, good governance, border management, protracted conflicts, energy, transports, environment, maritime policy, fishing, migration, education, research and development.
Building upon a rich experience of joining forces with the civil society from the Black Sea region (during 2006-2007), Romania initiated the Black Sea NGO Forum in fruitful partnership with the Federation of Nongovernmental Organizations in Romania (FOND) and the Black Sea Trust. Romania underlines the importance of moving on to a straightforward, concrete delineation and complementarities between the principles of implementation of the Black Sea Synergy and the multilateral dimension of the Eastern Partnership, as stated in various political declarations of the EU. These two European initiatives are now in the phase of implementation of the projects and the recommendations proposed in the networks established under their aegis, both at regional and macro-regional levels.
6 Romanias Role in the Black Sea Region, Jennifer D.P. Moroney and Colonel Joe Hogler (U.S.AF, Retired) RAND Corporation 7 http://ec.europa.eu /world/enp/pdf/com07_160_en.pdf
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INSTITUTIONAL FRAMEWORK
General consideration on the institutional network
Institutional framework in Romania is a large canvas of public and private bodies administrating, regulating and supervising all public aspects of the Romanian society. The term includes organizations with very different origins, purposes and constitutions governmental and other public bodies, commercial and charitable organizations, or those representing private individuals interests in associations, professional bodies, etc. Also, it involves cross-border and international organisations relevant for Romanias foreign affairs activities, international trade and partnerships.
Public institutions
The Romanian Public Administration is structured on two main levels: the central public administration and the local public administration.
Central institutions Besides the Presidency, the central public administration consists in the Government of Romania that forms one half of the country's executive branch, the other half being the President. The Government is headed by the Prime-Minister, and consists of Ministries, various subordinated institutions and agencies, and 42 Prefectures. The Prime Minister leads the Government and coordinates the activity of its members, in compliance with their respective legal duties.
The Government is organised into Governments Working Apparatus and the ministries. Fifteen ministries form currently the Romania Government: Ministry of Administration and Interior, http://www.mira.gov.ro Ministry of Agriculture and Rural Development, http://www.madr.ro Ministry of Communication and Information Society, http://www.mcsi.ro Ministry of Culture and National Cultural Heritage, http://www.cultura.ro Ministry of Economy, Trade and the Business Environment, http://www.minind.ro Ministry of Education, Research, Youth and Sports, http://www.edu.ro Ministry of Environment and Forests, http://www.mmediu.ro Ministry of European Affairs (recently created) Ministry of Foreign Affairs, http://www.mae.ro Ministry of Health, http://www.ms.gov.ro Ministry of Justice, http://www.just.ro Ministry of Labor, Family and Social Protection, http://www.mmuncii.ro Ministry of National Defence, http://www.mapn.gov.ro Ministry of Public Finance, http://www.mfinante.gov.ro Ministry of Regional Development and Tourism, http://www.mdrt.ro Ministry of Transportation and Infrastructure, http://www.mt.ro
Each ministry includes various entities under ministries subordination, coordination or their authority, such as national agencies, authorities, inspections, national companies, management authorities for operational programmes and national funding schemes, etc. All of them have very technical orientation, usually being of a great specialisation and playing regulatory and supervision roles in narrow sectors.
International business relations and foreign investments are supported by several central administration agencies and authorities, as follows: ROMANIA
TRADENET COMMERCIAL ATLAS Romanian Centre for Trade and Foreign Investment, http://www.romtradeinvest.ro National Trade Register Office, http://www.onrc.ro Customs National Authority, http://www.customs.ro Romanian Police, http://www.politiaromana.ro Romanian Office for Immigrations, http://ori.mai.gov.ro State Office for Inventions and Trademarks, http://www.osim.ro Competition Council, http://www.competition.ro National Institute of Statistics, http://www.insse.ro National Authority for Consumer Protection, http://www.anpc.ro National Customs Authority, http://www.customs.ro National authorities for road, water, air, and railway transportation.
The Government and a large number of ministries have decentralised and de-concentrated representatives, namely prefectures and directorate, in each of the 42 counties. Also, various national agencies and authorities have created local services, either in partnership with relevant entities, such as chambers of commerce and industries and business associations. The National Trade Register Office and Customs National Authority have local active services in each county.
Local administration Local administration consists in local councils, mayoralties, and county councils (http://www.administratie.ro). According to the law 70/1992, local and county councils are elected on the basis of the list system through direct suffrage, while mayors are elected on the basis of uninominal system in two rounds. Bucharest municipality is organized in 6 administrative-territorial subdivisions called sectors. Currently, there are 320 towns and 2860 communes in Romania, each of them with their own local council and mayor; also there are 41 counties and county councils.
Through their activity, companies and foreign investors come in contact with services provided by municipalities the working unit of each mayor, and by county councils.
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TRADENET COMMERCIAL ATLAS Private institutions and organisations
Private institutions and organisations relevant for companies and foreign investors are mainly dealing with supporting starting up and developing a company, interests representation at local and national level, as well as specialist services requiring a strong public involvement.
Thus, the Romanian chamber system is one of the most important support organisations for businesses. One local chamber of commerce and industry is located in each county, while the national chamber is located in Bucharest and has both a representation and mainstreaming role: Chamber of Commerce and Industry of Romania, http://.www.ccir.ro
All economic sectors are organised into sectorial and sub-sectorial business organisations, united at national level into federations or national associations. Besides them, at local level, there are numerous smaller business associations, more or less active or involved in relevant actions. The most important and visible national business association are as follows: National Association of Romanian Exporters and Importers (ANEIR) http://www.aneir- cpce.ro The Romanian Association of Building Contractors www.araco.org Automotive Manufacturers and Importers Association www.apia.ro National Association of Software Industry & Services www.anis.ro National Union of Road Hauliers from Romania www.untrr.ro National Federation for Light Industry www.fepaius.ro Romanian Association for Quality www.quality.ro Romanian Banking Associations www.arb.ro Romanian Union of Cosmetics and Detergents Manufacturers www@rucodem.ro CECAR The Body of Expert and Licensed Accountants of Romania www.cecar.ro Exchanges: o Romanian Commodity Exchange http://www.brm.ro o Romanian Stock Exchange http://www.bvb.ro
Black Sea specific institutions and organisations
Organization of the Black Sea Economic Cooperation came into existence as a model of multilateral political and economic initiative aimed at fostering interaction and harmony among the Member States, as well as to ensure peace, stability and prosperity encouraging friendly and good relations in the Black Sea region. http://www.bsec-organization.org
Black Sea Trade and Development Bank is an international financial institution that supports economic development and regional cooperation by providing trade and project financing, guarantees, and equity for development projects supporting both public and private enterprises in its member countries. http://www.bstdb.com
International Black Sea Club is an international non-governmental organisation uniting 24 cities on the Black Sea and in its vicinity. http://www.i-bsc.org
The Commission on the Protection of the Black Sea Against Pollution (the Black Sea Commission or BSC) is the intergovernmental body established in implementation of the Convention on the Protection of the Black Sea Against Pollution (Bucharest Convention), its Protocols and the Strategic Action Plan for the Environmental Protection and Rehabilitation of the Black Sea. http://www.blacksea-commission.org
Black Sea Forum for Partnership and Dialogue (BSF) is a Romanian initiative aiming at supporting cooperation and partnership in the Black Sea area. Members: Armenia, Azerbaijan, Georgia, Moldova, Romania, Ukraine, and observers Bulgaria and Turkey http://www.blackseaforum.org ROMANIA
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International Centre for Black Sea Studies (ICBSS) is a think-tank based in Athens, Greece, committed to promoting multilateral cooperation between the countries of the Black Sea region and with their international partners http://www.icbss.org
GUAM Organization for Democracy and Economic Development is a regional organization of four post-Soviet states: Georgia, Ukraine, Azerbaijan, Moldova, and Turkey and Latvia as observers http://www.mfa.gov.md/guam-en/
The Community of Democratic Choice is an intergovernmental organization of nine states of Northern and Eastern Europe from the region between the Baltic, Black Sea and Caspian Sea ("The three Seas"). Its main task is to promote democracy, human rights and the rule of law in that region.
Black Sea Trust for Regional Cooperation promotes regional cooperation and good governance in the Wider Black Sea region http://www.gmfus.org/blacksea
Black Sea Regional Energy Center (BSREC) acts as a focal point for energy related activities, aimed at developing the co-operation between the Black Sea region countries and the EU in the energy field. Apart from its international activities, the BSREC is actively involved in the Bulgarian energy issues, acting as a Bulgarian energy society http://www.bsrec.bg
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LEGAL FRAMEWORK FOR DOING BUSSINESS
Legal base to register a business in Romania
A local business presence is essential to success in the Romanian market. This may take a variety of forms, joint ventures or companies registered in Romania, local agents or distributors that can contribute significantly by bringing knowledge of the market, industry experience, access to key contacts, and other resources. Limited liability companies are the most popular businesses in Romania because of their simple administrative requirements, greater flexibility compared to other types of companies, and low capital requirement. However, joint stock companies remain an attractive option for investors which plan to list their companies on the stock exchange.
Legal base to register a company There are no specific investment approvals required for setting up a business in Romania. The procedure requires fulfilling certain legal formalities such as registering with the Romanian Trade Registry and the Fiscal Administration, and the Trade Registry from the county where the social headquarter is registered and the responsible Fiscal Administration. (www.onrc.ro; www.mfinante.ro).
The general legal framework for registering a company 8 initiated by a foreign entity refers to both the company itself, as well as to the registration process, as follows: Law No.31/1990 concerning commercial companies, republished; Law No. 105/1992 on the Regulation of the Private International Law Relationship; Decree Law No. 122/1990 on the authorization and operation in Romania of the Representative Offices of foreign companies and corporation; Law No. 85/2006 regarding bankruptcy procedure; Law No. 26/1990 on the Register of Commerce, republished; Law No. 359/2004, on the simplification of formalities regarding the registration in the trade register of natural persons, family associations and legal persons, their fiscal registration and authorization for functioning; Government Decision No. 913/2004 on the approval of taxes and tariffs related to the operations performed by Trade Register Offices by Courts. Institutions to be approached Several institutions may be relevant for starting a business in Romania, finding a partner and registering the company.
Searching and finding a business partner can be facilitated by the system of the Romanian Chamber of Commerce and Industry (http://www.ccir.ro), by bilateral chambers of commerce and industry, Romanian Trade Promotion Center and Foreign Investment (http: //www. romtradeinvest.ro), consortia of Enterprise Europe Network in Romania (http://www.erbsn.ro), or diplomatic representatives of in Romania (ministry of Foreign Affairs: http://www.mae.ro). Business associations are also capable of recommending and facilitating business contacts.
Bilateral chambers of commerce and industry: Romanian Armenian Chamber of Commerce and Industry ccibra2004@yahoo.com Bulgarian Romanian Chamber of Commerce and Industry http://www.brcci.eu
8 Source: National Trade Register Office
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TRADENET COMMERCIAL ATLAS Representative of the Hellenic Romanian Chamber of Commerce and Industry hell- rom@clicknet.ro Romanian Republic of Moldova Chamber of Commerce and Industry, http://www.camera-de-comert-romania-moldova.go.ro Romanian Turkey Chamber of Commerce and Industry http://www.ccirt.ro Bilateral Chambers Union http://www.bilateralchambers.ro Preparation of documents, along with legal assistance and counselling, is provided by private consultancies and public institutions, such as the local Trade Register Offices and chambers of commerce and industry. Registration is ensured solely by the Trade Register offices, located in each county, in the main town (capital of the county). Depending on the type of activity, on its degree of regulation, various additional permits and proofs may be required by the Trade Register.
Forms of business cooperation and ventures The establishment, functioning, dissolution, merge, division and liquidation of the commercial companies are regulated by Company Law No. 31/1990, republished. In order to develop trading activities, legal and natural persons may associate and establish commercial companies. Commercial companies with the social headquarter in Romania are legal Romanian persons. The commercial companies regulated by the Romania legislation may be established in one of the following forms 9 : general partnership; limited partnership; joint stock company; limited partnership by shares; limited liability company. General Partnerships (Societate in nume colectiv SNC). A general partnership can involve two or more partners. The partnership relationship is based upon a contract and any person who is capable of entering a binding contract may enter a partnership. Following this agreement, the parties must register their partnership with the National Trade Register Office. In a general partnership, partners are jointly liable for the debts and obligations of the partnership and each partner can be personally liable for the overall debts and liabilities, which are not satisfied by assets of the partnership. The capital of the partnership is formed of the partners contributions. These contributions can include cash, real estate, equipment, or other property. Contributions become assets of the partnership and comprise its registered capital. Romanian laws do not set maximum or minimum limits on capital, nor does they indicate how much must be in cash or assets.
Limited Partnerships (Societate in comandita simpla, S.C.S.). A limited partnership consists of one or more general partners who manage the business of a partnership and one or more limited partners who contribute capital (money or other property) to a partnership but do not participate in its management. Generally, limited partners are not liable for the debts and obligations of the partnership beyond their contributions, to the registered capital. The liability of the general partner is the same as the liability of partners in a general partnership. For an investor, therefore, being a limited partner is similar to have an investment in a corporation. Limited partners share the profits or other compensation by way of income in proportion to their partnership contributions. However, no such income or other distribution can be made if it would reduce the assets of the limited partnership to an amount insufficient to discharge its liabilities to persons who are not partners. Company Law No. 31/1990 generally sets out the rights, powers and obligations of limited partners.
9 Source: National Trade Register Office
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TRADENET COMMERCIAL ATLAS Limited Liability Companies (Societate cu raspundere limitata, S.R.L.). A limited liability company is a company formed by a limited number of partners (no more than 50). It is based on the constitutive documents. The registered capital of a limited liability company cannot be less than 200 RON (Romanian currency). The registered share capital of a limited liability company is normally divided into social parts/shares with a registered value of not less than 10 RON. Shares cannot be freely traded, making limited liability companies similar to what are known as private companies in other legal systems. Shares of these companies cannot be pledged as collateral for loans. Decisions are made by majority vote in the General Meeting of the Shareholders (1 share = 1 vote). Decisions involving changes in the constitutive documents must be agreed by all shareholders if these documents do not state otherwise. One or more Directors/Managers are appointed in the constitutive documents or by the General Meeting and are put in charge of the management of the company. Limited liability companies may also be formed by a sole associate.
Joint Stock Companies (Societate pe Actiuni, S.A.) A joint stock company is a limited liability corporation with registered capital of a minimum of 25.000 euro, but not less than 90.000 lei and with at least two associates. When an SA is established, at least 30% of the share capital, or 100% in respect of contributions in kind, must be immediately contributed upon formation of the company and all registered share capital must be fully paid up within twelve months of formation. Shares could be nominative shares or bearer shares and can be freely traded or pledged. A joint stock company may be set up privately or by public subscription. When a joint stock company is established by public subscription, a notarized prospectus must be drawn-up and filled with the Trade Register in the district where the head office of the company will be located. Decisions are made by a majority vote in the General Meeting of the Shareholders (each share represents one vote). General Meetings can be ordinary meeting, called at least once a year or extraordinary, called when needed to make decisions involving changes in the Memorandum of Association. Meetings require a quorum of of the shareholders and a simple majority vote of the quorum is required to approve changes in the Memorandum of Association. The management of a joint-stock company is assumed by more administrators, mandatory an odd number. When a Council of Administration is decided, there will be elected a President from the Administrators. The Administrators are elected by the General Assembly of the Associates and have an administration contract. Limited Joint Stock Companies (Societate in Comandita pe Actiuni). A limited joint stock company is a rare form of limited partnership. It has characteristics of both a joint stock company and a limited partnership. At the same as in a limited partnership there are general and limited partners. Similarly to a joint stock company, the registered capital of the limited joint stock company is represented by shares. Similarly to a partnership, the general partners may be liable for the debts and obligations of the company beyond amounts they have contributed. The limited partners, not active in the management of the company, have their liability limited to their share stake. A limited joint stock corporation is normally recognized by use of the words SCA in its name (Societate in Comandita pe Actiuni).
Branches, Subsidiaries and Agencies of Foreign Companies A foreign company can do business in Romania through a subsidiary, agency or a branch. While a subsidiary has a legal personality and is considered a Romanian entity, the branch is just an extension of the parent company and therefore has no legal personality and no independence. Agencies are established and operate in accordance with the provisions of Decree Law No. 122/1990, are authorized by Ministry of Foreign Affairs and undertakes on behalf of the parent companies only transactions and activities which are consistent to its authorized object. ROMANIA
TRADENET COMMERCIAL ATLAS Law No. 105/1992 on the Regulation of the Private International Law Relationship adopts the accepted international practice by which a branch is governed by the national law of its parents company. Legally, the branch has no separate status from the foreign company itself. It is merely carrying on business in Romania. The foreign company will be liable to the employees and creditors of the branch for the actions of, and debts contracted by, its managers and agents on behalf of the branch. On the contrary, according to the Law No. 31/1990, a Romanian subsidiary of a foreign company is a Romanian legal person and, consequently, it is subject to Romanian laws. It is liable, on its own behalf, for the actions assumed. Subsidiaries and branches can carry out only the activities to which the parent company is authorized. In practice, subsidiaries are commissioned following the same steps as the registration of companies, i.e. notarizing the statutes, and registering the subsidiary with the National Trade Register Office. Requirements for registering a company General partnerships and limited liability partnerships are set up through a contract of company. Joint-stock company, limited partnerships with shares or limited liability company are set through a contract of company and a statute, which might be concluded as a sole document called Articles of Incorporation.
The Articles of Incorporation shall be signed by all associates or in case of public subscription, by the founders and will be concluded with private signature and certain date, or in authentic form, when a property is brought to the social capital. The signatories of the articles of incorporation are considered founders. In general, and depending on the type of company, the incorporation articles should contain: first and last name, place and date of birth, domicile and citizenship for the associates, natural persons; name, head office and nationality of the associates, legal persons; the type, name, headquarters and, if any, the company logo; the object of the company, specifying the main domain of activity; the subscribed and paid in registered capital, the shareholders contribution in cash or in kind, the value of the contribution in kind and its valuation method as well as the date of the full payment of the subscribed share capital; the number and nominal value of shares as well as the number of shares subscribed to each associate for his/her contribution; the shareholders in charge with the representation and administration of the company or the non-shareholder administrators individuals or legal persons, and their powers which are to be exercised jointly or separately; the share of profits and loses for each shareholder; the secondary offices (branches, agencies, representative offices or other such entities with no legal personality) whether or not are established as the same time with the company, or the conditions of their subsequent establishment if such establishment is taken into account; duration of the company; the rules for distribution of dividends and sharing losses; secondary offices; rules for dissolution and liquidation.
Registration of Commercial Companies: Checking the availability and booking the companys name is the first step to registering a company. Within 15 days from the date of authentication of the Articles of Incorporation, the founders or the administrators of the company or an attorney-in-fact of theirs will request the incorporation of the company in the Commercial Register in the area where the head office of the company will be located. ROMANIA
TRADENET COMMERCIAL ATLAS The incorporation application shall be accompanied by the following documents for limited liability companies: request for registration; proof for companys name availability; if the company is created by a single shareholder, the proof he/she has registered no other company he/she is a single shareholder; the Articles of the Incorporation of the company; the proof for the headquarters availability rental, ownership or other forms. In case the headquarters have an initial residential use, the approval for changing its destination; the proof of the transfer of the money according to the Articles of Incorporation; the documents concerning the ownership over the distribution in kind; the documents attesting the operations concluded in the companys account and approved by the partners; the declarations on oath of the founders, administrators and auditors showing that they fulfil the conditions stipulated by the Law No.31/1990, republished; the founders, administrators and/or auditors identity documents; signature samples for companys representatives; judicial records for companys representatives, foreign persons/bodies should submit a declaration on oath that he/she/the company has no debts against the Romanian state; the declarations on oath on the fact that the legal conditions for functioning are known and complied for sanitary, veterinary and food safety frame, public health, environment and occupational health and safety (standardized statements) if the founders are companies, their registration documents, decision to create the new company, delegacy for the person representing the company and having the right to sign the documents for the new company, credit worthiness for foreign companies issued by a bank/chamber of commerce in the country of origin, depending on the companys main activity to be declared with the Trade Register, additional documents and approvals may be required. Additional documents may be required for other types of companies.
The registration taxes depend on documents complexity and volume. Additionally, extra costs will be charged if the Trade Register provides the legal assistance for preparing the documents. Total costs generated by registering a company start from 300 Euro and can reach 1000 Euro. In case that companies decide to use the services offered by CCINA Constanta, total costs are aproximately 300 Euro.
The judiciary, through a delegated judge, exercises the control over the legality of the documents and of the deeds which, according to the law, are going to be registered with the trade register, including the request for registration of the companies. In cases where the legal requirements are fulfilled, the delegated judge shall authorize, by way of decision, the setting up of the company and will order its incorporation with the trade register.
The registration period provided by the law for registering companies is 5 days from the day the request has been submitted. In the same period the trade register office issues the registration certificate containing the unique registration code. In general terms, the preparation and registration of a company takes between 5 and 10 days.
The World Bank Group assesses regulations affecting domestic firms through its annual Doing Business in a More Transparent World Report. Doing Business 2012 shows the following results: Romania ranks 72 among 183 countries assessed in what concerns the ease of doing business, while starting a company procedures rank 63, dealing with construction permit ranks 123, getting electricity rank 165, yet protecting investors ranks 46. ROMANIA
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Operation of a company requires permits and approvals, depending on its declared activity. General permits for all types of activities include an operational authorisation and daily schedule approval issued by the local municipalities. Specialised permits are imposed by regulatory frameworks specific for such domains as environment, public health, sanitary veterinary and food safety, fire fight,
transportation, use of certain equipments and installations, quality in tourism services. The more complex the activity is, more regulations apply and, thus, more complex starting the operation of a company is. Most of the mentioned specialised regulations are to be taken in consideration when building a new construction or modernising/extending an existing one, and equipping it, as they refer to technical solutions and/or requirements. In order to fulfil all these regulations, it is strongly recommended to search for qualified counselling and assistance, legal, technical and architectural services should be enough.
Operation of Commercial Companies The assets representing contribution in kind to the company become its property when the company is incorporated at the Trade Register. Interest is not paid for the contribution of the associates. The benefit quota, which will be paid to each associate, represents the dividend. Dividends will be paid proportional with their participation to the paid social capital. Dividends will be distributed only from real benefits, in the contrary they will be given back. The returning of the dividends is prescribed in a period of 3 years from the date they were distributed. If a reduction of the social capital is noticed, it has to be completed or reduced prior to distributing any benefit. Administrators may perform all necessary activities in order to fulfil the activity of the company, besides the restrictions stipulated by the articles of incorporation. They are obliged to attend the companys meetings, administration councils, and other similar bodies. Administrators that have the right to represent the company cannot transmit it only if they were enabled expressly to do so. Administrators are jointly liable to the company for: the existence of the payments made by the associates; the legality of the paid dividends; the existence of the registers requested by the law and their correct keeping; the fulfilment of the general assemblys decisions; the strict fulfilment of the dispositions of the law and Articles of Incorporation. The right to sue the administrators may also be exercised by the creditors but only upon the bankruptcy of the company. Any document, letter or publication issued by the company must indicate the name, legal form, and head office, recording number in the Trade Register and the fiscal code. Legal requirements for buildings When building any construction in Romania, a legal building permit is required, proving that the new building or the extension/modernisation of an existing one meet the legal framework for construction activity, meet the legislation in such domains as the environment, do not disturb underground networks, or have included solutions for them, include solutions for power feeding, water and sewage, etc. Depending on the land/building location, special attention is given to environmental solutions, if the land/building is in a reserve, or next to water that is a source for drinking water, conservation solutions if the land/building is located on or next to archaeological vestiges, and other less frequent cases.
The building permit is issued by the local municipality, or, for certain rural cases, by the county council. Documentation for this permit includes the following documents: ROMANIA
TRADENET COMMERCIAL ATLAS - Application, to be filled in by the applicant and his/her architecture and engineering contractor - Urban permit that is the first construction-related document the applicant must obtain prior to starting all architectural and engineering plans. The local municipalities issue urban permits informing the applicant what are the conditions under which a construction may be developed (e.g. height of the building, permits and approvals addressing other domains, such as environment, telecommunications,
- water and sewage, electric power, built heritage). The urban permit should be accompanied by all permits and approvals that were required. - Architectural documentation, including written presentation and blueprints.
Two types of buildings are identified by the Romania legislation 10 : 1. Permanent buildings, such as residential or business buildings, logistical projects, roads, utilities, bridges, etc. Building permits for permanent buildings are obtained if the real estate (land or building) is the applicants property or concession. 2. Temporary building, such as kiosks, display panels, etc. Building permits may be obtained even if the real estate is under lease.
Lifecycle of a company: exit through bankruptcy, insolvency, transfer of business
Dissolution The company shall be dissolved through: the expiration of the period set for the functioning of the company; the impossibility of achieving the object of the activity or its achievement; the notification of the nullity of the company; the decision of the General Meeting of the Shareholders; a court order at the request of any associate, based on founded reasons; the bankruptcy of the company. If the dissolution of the company is based on the decision of the associates, they can change this decision with the requested majority for the modification of the Articles of Incorporation as long as no asset was distributed. The dissolution of the commercial company has to be recorded at the Trade Register and published in the Official Journal of Romania. The effect of the dissolution of the company is the beginning of the liquidation procedure. The dissolution takes place without liquidation in the case of merger or total division of the company or in other cases stipulated by the law. From the moment of the dissolution, administrators cannot undertake new operations. Merger and Division of Commercial Companies The merger represents the absorption of a company by another company or by merging of two or more companies to form a new company. The division represents the division of the entire patrimony of a company, which ceased to exist, between two or more existing companies or which are thus set up. Merger and division are decided by each company, under the terms stipulated for the modification of the Articles of Incorporation.
Liquidation of Commercial Companies
10 Law 50/1991 on building permits, with subsequent changes and supplements
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TRADENET COMMERCIAL ATLAS The liquidation of the company must be finished within maximum 3 months from the date of dissolution. For founded reasons, the court may extend this period with maximum 2 years. After completing the liquidation, the liquidators have to ask the deletion of the company from the Trade Register. The Trade Register could make the deletion also automatically. The liquidation does not operate a release for the associates and does not impede the commencement of the bankruptcy proceedings of the company.
The insolvancy procedure Insolvency is the state of the debtor's assets are characterized by lack of funds available for payment of certain debt, liquid and payable: - Insolvency is presumed to be obvious when the debtor, after 90 days of maturity, has not paid his debt to the creditor, the presumption is relative; - Insolvency is imminent when it appears that the debtor cannot pay at maturity outstanding liabilities incurred with the funds available at maturity; Insolvency proceedings may be required both by the company and its creditors. Insolvency is found by the decision of bankruptcy judge. In the procedure of judicial reorganization insolvency may be ordered to pay debts to society. Reorganization involves the preparation, approval, implementation and enforcement plan called plan of reorganization, which may provide, together or separately: a) operational restructuring and / or financial debtor; b) corporate restructuring by changing capital structure; c) restricting the liquidation of assets of the debtor; In the process of reorganization, bankruptcy judge appoints a judicial administrator over management of the company. Parties to the proceeding are: lenders - natural or legal persons, debtors - natural or legal persons whose property is subject to the insolvency court, bankruptcy judge and the official receiver and liquidator.
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INVESTING IN ROMANIA
General consideration and framework
Romania actively seeks direct foreign investment, while its marketplace offers 21.5 million consumers, a well-educated workforce, a strategic geographical location, and abundant natural resources. To date, favoured areas for foreign investment include IT and telecommunications, energy, services, manufacturing, and consumer products.
Relevant institutions for facilitating foreign investment initiatives include: Romanian Centre for Trade and Foreign Investment, http://www.romtradeinvest.ro; National Trade Register Office, http://www.onrc.ro; National Association of Romanian Exporters and Importers (ANEIR), http://www.aneir-cpce.ro; Foreign Investors Council, http://www.fic.ro
The general environment for investing in Romania also includes access to a large variety of infrastructure and utilities. Thus, dense and partially modernised road and railway networks cover all country, and excepting for remote mountainous areas or Danube Delta, there is no inhabited locality without at least one reasonable access way. The public road network consists in 73,435 km 11 , excluding streets in localities, of which 25% km have been modernised. Out of the total, the national roads represent 20%, while the local and county roads are the rest. The local roads are in the poorest condition. Highways are very limited, 113 km. The railway system is of 10,981 km length 12 .
The water transport is divided into maritime and inland ways, serviced by 35 ports 13 , of which 3 Black Sea ports, including Port of Constanta operates the largest capacity in the Black Sea Basin (over 100 mil. Tons capacity annually), followed by ports of Mangalia and Midia. Danube River is services by 6 maritime-river ports, and 26 river ports. Inland water ways cover 1.779 km of which 1.075 km on the international navigable Danube, 524 on navigable Danube channels and 91 km on canals (Danube-Black Sea and Poarta AlbaNavodari). A special case is Danube Delta which localities are accessed solely by water, and each of the village or town has its own harbour.
Air transport is serviced by 17 airports, of which international airports in 4 towns.
Three Trans-European Corridors cross Romania: corridor IV (Berlin/Nurenberg-Praga- Budapest-Arad-Bucharest-Constanta-Istanbul-Thessaloniki), VII (Danube, including Sulina Channel and Danube-Black Sea Canal) and IX (Helsinki-St.Petersburg-Moscw-Pskov-Kiev- Ljubasevka-Chisinau-Bucharest-Dimitrovgrad-Alexandroupolis).
Romanian communication market is operated by state and private operators. Currently 14 , the major communication service providers are offering combined services for fixed and mobile telephone, fixed and mobile internet connection, and cable TV services. Over 70 fixed telephone service providers are active in the country, 6 mobile telephone services providers, 973 internet active providers, and 479 cable TV providers. End-users of communication means: 3.89 million subscribers of fixed telephone services, 24.6 mil. active users of mobile telephone services (subscribers and pre-paid SIM cards), 3.0 mil. fixed broadband internet access connections and 6.07 mil. active mobile internet connections, and 5.74 mil.
11 Ministry of Transport and Infrastructure 12 Ministry of Transport and Infrastructure 13 Ministry of Transport and Infrastructure 14 National Authority for Communication, Report by 31.12.2010, www.ancom.ro
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subscribers to paid audio-visual programme retransmission services. Postal services are offered by the national postal company Posta Romana SA, as well as by private courier companies operating at national level.
Incentives
The National Agency for Fiscal Administration 15 (NAFA www.anaf.ro) is the specialized institution of the Ministry of Public Finance which is designed to provide the resources for public expenditure and administration of the state. NAFA also coordinates the Financial Guard, the National Customs Authority, county and Bucharest public finance directorates. Taxation in Romania is governed by the Tax Code, its last review being conducted in August 2011.
Fiscal policy in Romania is marked by government commitments to the implementation of the Stand-By Agreement with the IMF. In this context, tax incentives remain low in number and scope. Thus, the Tax Code provides some facilities in 2011, such as: non-taxation of dividends received by a Romanian legal person, parent company from its subsidiary located in a Member State; exemption from income tax under certain conditions; deductions for research and development expenses; tax-exempt dividends received by permanent establishments in Romania of foreign legal persons from other Member States, parent companies, which are distributed by their subsidiaries located in Member States; Tax Credit; taxable income when calculating income tax; tax-exempt VAT in Romania's point of view of acquisitions of goods whose total value during the calendar year does not exceed $ 10,000; special scheme for VAT exemption for small enterprises; VAT exemptions for operations inside the country; VAT exemptions for imported goods and acquisitions; Exemptions of VAT for exports or other similar operations for intra-Community supplies and intra-and international transport; special VAT scheme for travel agencies; special VAT scheme for second-hand goods, works of art, collectors' items and antiques; Measures to simplify the application of reverse charge. Additionally, tax and customs privileges are available in six free zones in Romania, located in Constanta South - Basarabi, Braila, Galati, Sulina, Giurgiu and the Court - Arad. Activities that may take place in the free zones can be made by individuals and legal entities, Romanian or foreign, based on licenses issued by the administration of free zones.
Also, the network of industrial and technological parks in Romania can provide facilities including tax hosted companies in the context of aid schemes for regional development and access to utilities and infrastructure in specific conditions. Additional information on Investments policy can be found on www.immoss.ro.
Competition policy
In line with art.135, par 1 of the Constitution, the Romanian economy is a market economy, based on free initiative and competition. According to these provisions all development policies should promote competition in the context of a sustainable development.
15 Source: National Agency for Fiscal Administration, www.anaf.ro
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TRADENET COMMERCIAL ATLAS Legislative Framework and Provisions Romanias competition regulations are well harmonized with similar EU rules, Government Emergency Ordinance 117/2006, with subsequent changes and additions, transposes most of
the provisions and notification procedures set forth by EC Regulations 659/1999 and 794/2004. As a result, granted state aid shall be notified to and authorized by the relevant department of the European Commission (EC), and the Romanian Competition Council acts only as a liaising authority between state aid providers, beneficiaries, and EC. The Romanian Competition Council remains responsible for monitoring the competitive behaviour of businesses on the Romanian market, collusions between competitors in the Romanian market, and the growth of market structures (mergers and acquisitions). Collusive arrangements and anti-competitive agreements between competitors are strictly forbidden, but mergers and acquisitions are permitted provided these do not hinder free competition in the market.
The EC Regulation 139/2004 on mergers control is applicable in Romania and sets forth the procedure for notifying to the European Commission economic concentrations bearing a community dimension. An economic concentration bears a community dimension if: (a) the combined aggregate worldwide turnover of all the undertakings concerned is over EUR 5,000m; and (b) the aggregate Community-wide turnover of each of at least two of the undertakings concerned is over EUR 250m. Approval of the Competition Council is required in case of economic concentrations that exceed the following: i. EUR 10m in RON equivalent of aggregate turnover of the entities involved, and ii. EUR 4m in RON equivalent of individual turnovers generated in Romania by at least two of the entities involved.
State Aid The established priorities are to be supported through state aid measures compatible with the Romanian and EC legislation, respectively measure which can be framed under the following state aid definitions: Regional aid: creation of a new enterprise, extension of an existing one, diversification of production, introduction of new products/services, fundamentally changing the overall production process within an existing enterprise, etc. Aid for SMEs: partial coverage of the operating costs during the first years of existence, specialised consultancy services for business development offered at preferential tariffs, risk capital, etc. Aid for research and development: investments in instruments, equipments, land, buildings, employment of specialised personnel, covering costs related to consultancy services in the field of R&D, etc. Aid for environmental protection: investments in improving the environmental protection standards; preventing and restoring the damages caused to the environment or to the natural resources; energy saving; producing energy from renewable sources; sustaining the production of energy in combined heat and power installations etc. Employment aid: investments required for adapting the employers premises in order to make possible the recruitment of disabled persons, partial coverage of costs related to the employment of new persons; partial or total exemption from the payment of certain taxes and social contributions related to the disabled persons, newly employed. Training aid: general training providing qualifications which are largely transferable to other firms or activities. Aid for rescue and restructuring firms in difficulty: when justified by arguments of social or regional policy or by the need to take into consideration the positive role of SMEs or, exceptionally, when there is an interest to maintain certain undertakings on a given market structure so to avoid a monopoly or a narrow oligopoly. ROMANIA
TRADENET COMMERCIAL ATLAS Aid in the form of risk capital: this type of aid aims at correcting some failures of the financial markets as concerns their capacity to provide the required capital, especially for start-ups and undertakings operating in the field of high technologies. Aid for compensating net losses generated by the provision of services of general economic interest: ensures the provision of quality essential services, in sufficient quantities and at reasonable prices, for all citizens, irrespective of their geographic positioning.
Aid under the de minimis threshold: the amounts granted cannot exceed the EUR 200,000 ceiling over a 3-year period, or 100,000 for transport field, and cannot be used for subsidising the export. Sectorial aid: in sectors considered to be sensitive, such as: coal industry, steel sector, synthetic fibres industry, motor vehicles and shipbuilding industries, agriculture and fishery, air and maritime transport sectors. Currently, The National Network for State Aid created and animated by the National Competition Council, offers support and additional information on state aid schemes and ad- hoc state aid 16 .
Human ressources
Romania has traditionally offered a large, skilled labour force at comparatively low wage rates in most sectors, although the labour pool has tightened in highly skilled professions, despite growing unemployment overall. The university system is generally regarded as good, particularly in technical fields. The quality of work of Romanian craftsmen, engineers, and software designers is well regarded by foreign managers. With appropriate on-the-job training, local labour performs well with new technologies and more exacting quality requirements. However, labour shortages have appeared in certain sectors, resulting in strong upward pressure on wages in recent years. Outward labour migration and the number of students graduating without the practical skills needed for the modern workplace are considered the main causes for this trend.
Labour Code has been revised in the beginning of 2011 (Law 40/2011), balancing employees right with employers, and allowing employers to dismiss as well as hiring easier.
Unemployment officially stood at 4.93% in the end of October 2011, representing 444,000 persons, in a slow increase after a steady drop between January July 2011 and even compared to 2010 17 . 2011 January February March April May June July August Sept. Oct. 6.3% 6.67% 6.00% 5.48% 5.04% 4.84% 4.84% 4.87% 4.89% 4.93%
Since 1989, labour-management relations have changed dramatically. Trade unions, much better organized than employers' associations, are vocal defenders of their rights and benefits. The national minimum wage was set at RON 670 per month (about EUR 160) on January 1, 2011, after extensive negotiations between unions, employers associations, and the Government.
Current law makes it very costly to engage non-EU citizen staff in Romania 18 . Foreign companies often resort to expensive staff rotations, special consulting contracts, and non- cash benefits. Work permits are issued for a maximum of one year (except for seasonal
16 www.stateaid.ro 17 Source: National Agency for Employment, statistics on unemployment 2010 -2011 18 Doing Business in Romania: 2011 Country Commercial Guide for US Companies, United States of America Department of Commerce ROMANIA
TRADENET COMMERCIAL ATLAS work), for a fee of 200 euro (payable in the RON equivalent of that days exchange rate). These permits are automatically renewable with a valid individual work contract. There are 41 Romanian Immigration Authority offices one in each county to issue work permits for foreign citizens. Citizens of other EU countries can work in Romania without work permits if their own country does not impose restrictions on Romanian citizens. Although several companies hire non-EU citizen employees, mainly from Turkey, China, India, Pakistan or Moldova, most Romanian businesses are still reluctant to bring in large numbers of foreign employees. In 2011, Romania will issue 5,500 work permits, 2,500 fewer than the previous year.
Land and building property rights
The Romanian Constitution, adopted in December 1991 and revised in 2003, guarantees the right to ownership of private property. Mineral and airspace rights, and similar rights, are excluded from private ownership. Under the revised Constitution, foreign citizens can gain land ownership through inheritance. Citizens of EU member states can own land in Romania, subject to reciprocity in their home country.
Companies owning foreign capital may acquire land or property needed to fulfil or develop company goals. If the company is dissolved or liquidated, the land must be sold within one year of closure, and may only be sold to a buyer(s) with the legal right to purchase such assets. For a period of seven years after Romania's accession to the EU, foreign investors may not purchase agricultural land, forests, or forestry land (except for farmers acting as commercial entities). Investors can purchase shares in agricultural companies that lease land in the public domain from the State Land Agency.
Intellectual and industrial property rights
Romania is signatory to international conventions in the intellectual property field, mainly the Paris Convention, the Berne Convention and TRIPS Agreement. Its domestic legislation for all intellectual property objects is fully harmonized with the Community regulations and the international treaties and conventions.
Industrial property The State Office for Inventions and Trademarks - OSIM (http://www.osim.ro) is the national administration in charge of granting protection for inventions, trademarks, geographical indications, industrial designs and others, in the territory of Romania, under the law and the provisions of international conventions and treaties to which the Romanian State is party.
An invention may be protected in Romania by the grant of a patent by OSIM, according to the national legislation, or by the grant of a European patent with effect in Romania, according to the European Patent Convention. The legislation regarding the patents consists of the Patent Law no. 64/1991 amended si republished on the basis of Law. no 203/2002 and the Regulations Implementing Law no. 64/ 1991. - Patentable inventions: a patent shall be granted for any invention having as a subject-matter a product or a process, in all technological fields, provided that it is new, involves an inventive step and is susceptible of industrial application. - Plant variety patents: the Law no. 255/1998 on the protection of the new plant varieties is in compliance with the International Convention for the Protection of New Plant Varieties (UPOV) and harmonized with the European regulations in the field. The validity term of a plant variety patent is of 30 years for trees and vine and 25 years for the other species. - Trademarks and geographical indication - Trademarks: the right to a mark shall be acquired and protected by registration with the State Office for Inventions and Trademarks according to the Law no. 84/1998. The right to a mark shall belong to the ROMANIA
TRADENET COMMERCIAL ATLAS natural or legal person who was first to file an application for registration of the mark and trademark registrations are valid for 10 years from the date of application, and renewable for similar periods. Geographical indications: the geographical indications of goods are protected in Romania by registration with OSIM according to the Law no. 84/1998 or to the international conventions to which Romania is a party. They may be used only by persons manufacturing or selling the products designated by the registered indications, for a period of ten years, renewable for an unlimited number of times, if the conditions under which the right has been obtained remain applicable. - Industrial designs: the object of the application may be registered to the extent in which it constitutes an industrial design, within the meaning of the Law, is new and
has an individual character. Throughout its period of validity, the certificate of registration confers on its owner an exclusive right of exploitation of the industrial design and the right of prohibiting third parties from performing the following acts without his permission: reproducing, manufacturing, marketing or offering for sale, using, importing or storing for the purpose of marketing, offering for sale or using a product having the industrial design incorporated or applied thereto. - Topographies of integrated circuits: The Law No.16/1995 protects the original topographies of integrated circuits, which are the results of their creators' intellectual effort. The validity term of a topography is of 10 years from the official date of its registration.
Copyright For Romania, Law no.8 / 1996 is the first truly completely modern copyright and related rights law, compatible with all the Conventions and all the Treaties to which Romania had accessed and to the first five European Directives which were into force at the moment of the promulgation of the Romanian law. The Copyright Office of Romania (COR) http://www.orda.ro is the unique specialized national authority for settlement, administration of national registers, supervising, authorizing, arbitration and technical and scientifically expertise in the domain of copyright and related rights. According to the Romanian law there are five National Registers: The National Register for Phonograms, The National Register for Computer Programs, The National Register for Videograms, The National Register for Private Copy, The National Register for Multipliers / Reproductions, The National Register for Works.
Counterfeit While problems persist in protecting IPR from counterfeit products, OSIM, law enforcement, and private groups have increased their efforts to combat counterfeiting while informing the business community of how best to protect and enforce IPR protections.
Protection of Intellectual Property Rights during Customs Procedures Intellectual property rights holders may apply to the Customs Authority requesting action against goods infringing their rights. Goods infringing an intellectual property right may not be imported, exported, or re-exported and may be placed under a suspension. Such merchandise may be destroyed or, subject to the consent of the right-holder, they may be given to non-profit organizations, depending on the nature of goods.
Public procurement
The regulatory framework of public procurement in Romania, harmonized with the European legislation is marked by frequent and extensive changes. Primary legislation in public procurement is Emergency Ordinance 34/2004, subsequently modified and supplemented. The legislation applies equally to all contracting authorities, and other categories of beneficiaries, which are imposed in the context of the use of public funds.
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TRADENET COMMERCIAL ATLAS For public contracts with values below the European thresholds, relevant national legislation recommended by the Treaty principles, namely non-discrimination, mutual recognition, transparency, equal treatment and proportionality.
Currently, public procurement procedures are as follows: Open tender is a procedure in which any company has the right to submit an offer; Restricted tender is a procedure in which any company can apply as a candidate, but only those selected will be invited to submit tenders; Competitive dialogue is a procedure in which any company is entitled to apply as a candidate, the contracting authority will organize a dialogue with the candidates
selected to identify the most appropriate solutions. Solutions based on the selected candidates will submit offers; Negotiation is a procedure in which the contracting authority is launching consultations with selected candidates and negotiate contract terms with one or more candidates; Request for offers is a procedure whereby the contracting authority request bids from several operators; Competition solution is a special procedure used to purchase a plan or project, and selection is assigned to a panel of judges.
The ceiling the public procurement legislation does not apply in Romania is EUR 15,000 (September 2011).
All operators interested in participating in public procurement procedures carried out electronically must register in Electronic Procurement System (SEAP). Also, this system is a source of information on procedures launched by contracting authorities or other entities as well as the registration of potential bidders. National Authority for Public Procurement Regulation (ANRMAP) http://www.anrmap.ro is the regulatory and supervisory entity of this domain, and the National Council for Solving Complaints (NCCC) http://www.cnsc.ro is the administrative body competent to resolve jurisdictional appeals related to public procurement procedures. Ministry of Finance is responsible for checking all procedural aspects related to public procurement process, the Unit for Coordination and Verification of Public Procurement.
Statistics and trends
Foreign direct investments attracted by Romania during 2004-2010 (Million Euro) 19
Year 2004 2005 2006 2007 2008 2009 2010 FDI value 5183 5213 9056 7250 9496 3490 2696
Foreign direct investments stock by economic activity attracted in 2009 by Romania, according to the statistical classification of economic activities NACE Code rev. 2), were distributed to manufacturing (31.1% of the total), out of which the largest recipients were: Oil processing, chemicals, rubber and plastic products (6.3%) Metallurgy (5.2%) Transport means and equipment (4.7%) Food, beverage2 and tobacco (4.1%) Cement, glassware and ceramics (3.3%)
19 Source: National Bank of Romania, Balance of Payments
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TRADENET COMMERCIAL ATLAS Despite their large potential, certain sectors such as textiles, apparel, and footwear and leather products, still hold a rather small share of the total FDI, 1.6% respectively. Other activities that have attracted important FDI are: financial intermediation and insurance, which include banks, non-banks and insurance companies and accounts for 19.0% of the total FDI stock, constructions and real estate (12.9%), trade (12.3%), IT and communications (6.5%).
At territorial level, Bucharest Ilfov region attracted the most of the FDI 63.4%, followed by Centre Region - 7.4%, South Region 7.2%, West Region 6.2%, and South-East Region 5.9%.
Top five countries that invested in Romania were The Netherlands 21.8% of the total FDI stock by the end of 2009, Austria 18.8%, Germany 13.4%, France 8.5%, and Greece 6.6%.
The list of top countries includes Turkey, in the fifteenth position, with 1.1% of the total FDI stock.
Foreign direct investments attracted by Romania in 2011 (Million Euro)
Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Stock 240 296 379 443 799 1018 1105 1126 Monthly flow 240 56 83 64 356 219 87 21 Source: National Bank of Romania, Balance of Payments
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IMPORT AND EXPORT ACTIVITIES
Movement of goods and services, regulatory frame
Beginning with July 1, 2009 customs or other authorities designated by the member states have provided businesses with a unique registration and identification number (the EORI number) to be used for all customs activities they undertake within the European Union.
If a business (or economic operator) is not established within the EU customs territory and does not have an EORI number, it will have to be registered by the designated authority of the member state where it conducts one of the following activities for the first time 20 : Submits, within the Community territory, a short customs declaration, other than: - A customs declaration done in accordance with Articles 225 - 238 from the Community Customs Regulation (Commission Regulation no. 2454/93) - A customs declaration solicited within the temporary admission regime. Submits, within the Community territory, a short statement of entry or exit. Manages a warehouse for temporary deposit based on Article 185, 1st paragraph, from the Community Customs Regulation. Submits an authorization request based on the Articles 324a or 372 from the Community Customs Regulation. Requests an economic operator certificate, authorized according to Article 14a from the Community Customs Regulation.
The Customs Authority is the Romanian authority in charge of regulating and supervising this domain http://www.customs.ro.
The Customs Office requires standard documents for release for free circulation. The import SAD (Single Administrative Document) which also applies to exports must be submitted for acceptance and registration to the Customs Authority supported by the following documents accompanying the customs declaration for release for free circulation: i. the invoice on the basis of which the customs value of the goods is declared; ii. where it is require, the declaration of particulars for the assessment of the customs value of the goods declared; iii. the documents required for the application of preferential tariff arrangements or other measures derogating from the legal rules applicable to the goods declared; iv. all other documents required for the application of the provisions governing the release for free circulation of the goods declared.
The customs authorities may require transport documents or documents relating to the previous customs procedure, as appropriate, to be produced when the declaration is lodged. Where a single item is presented in two or more packages, they may also require the production of a packing list or equivalent document indicating the contents of each package.
Goods under duty suspension require the authorization of the Customs Authority, and relevant contracts should also be presented for clearance purposes.
20 Doing Business in Romania: 2011 Country Commercial Guide for US Companies, United States of America Department of Commerce
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TRADENET COMMERCIAL ATLAS At the re-export, the Customs Authority may require documents relating to the previous customs procedure, as appropriate, to be produced when the declaration is lodged. The Integrated Tariff of the Community, referred to as TARIC (Tarif Intgr de la Communaut),
is designed to show various rules applying to specific products being imported into the customs territory of the EU or, in some cases, when exported from it.
To determine if a license is required for a particular product, the TARIC should be checked. The TARIC can be searched by country of origin, Harmonized System (HS) Code, and product description on the interactive website of the Directorate-General for Taxation and the Customs Union. The online TARIC is updated daily.
Romania requires import license for such products as pharmaceutical, chemicals and toiletry. Also, sanitary and safety standards as well as special approvals for wastes and residues, toxic substances and firearms are in force.
As regards the Romania foreign trade statistics, they indicate the following top ten products for export and import 21 : Top ten export products in 2010: Transport equipment and vehicles 42.4% of the total exported value Raw materials 6.9% Food, beverages and tobacco 6.3% Chemicals and similar 5.8% Fuel, Lubricants 5.3% Other manufactured products 33.3% The main partners for export are in Germany, Italy, France, Turkey, Hungary, Great Britain, Bulgaria, Spain, Netherlands, Poland (in order of exports value) Top ten import products in 2010: Transport equipment and vehicles 35.3% of the total Raw materials 3.5% Food, beverages and tobacco 7.0% Chemicals and similar 13.2% Fuel, Lubricants 10.1% Other manufactured products 30.9% The main partners for imports are in Germany, Italy, Hungary, France, China, Russia, Austria, Poland, Turkey, Netherlands.
Tariff and non-tariff barriers
Since January 1, 2007, Romania has applied the common EU tariff system. Tariffs are particularly high for certain items, such as cigarettes and alcohol. The Romanian Customs Code presents certain conditions to undertake import activities.
The primary basis for determining customs value is: "... the transaction value, that is, the price actually paid or payable for the goods when sold for export to the customs territory of the Community..." The following conditions must be met in determining customs value 22 : There are no restrictions as to the disposal or use of the goods by the buyer, other than restrictions which are imposed or required by a law or by the public authorities in the community, limit the geographical area in which the goods may be resold, or do not substantially affect the value of the goods;
21 Source: Romania Centre for Promoting Foreign Trade and Investments, www.romtradeinvest.ro 22 Doing Business in Romania: 2011 Country Commercial Guide for US Companies, United States of America Department of Commerce
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TRADENET COMMERCIAL ATLAS The sale or price is not subject to some conditional consideration for which a value cannot be determined with respect to the goods being valued; No part of the proceeds of any subsequent resale disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made; and The buyer and seller are not related, or, where the buyer and seller are related, that the transaction value is acceptable for customs purposes.
The "price actually paid or payable" refers to the price for the imported goods. Thus the flow of dividends or other payments from the buyer to the seller that do not relate to the imported goods are not part of the customs value.
Charges added to the customs value may be commissions and brokerage, costs of containers, packing, royalties and license fees, and the value of goods and services supplied directly or indirectly by the buyer in connection with the production and sale for export of the imported goods. Charges that are not included in the customs value may be charges for transport, charges incurred after importation, charges for interest under a financing arrangement for the purchase of the goods, charges for the right to reproduce imported goods in the Community, and buying commissions.
Standards of products and services to be introduced on the market
The Romanian Standards Association (ASRO) is the only National Standards Body in Romania, a specialized private body of public interest in the standardization area, a non-profit association authorized by the Government. The Romanian Standards Body is a full Member of the European standards organizations, CEN and CENELEC.
The National Standardization Program is issued annually and is available on internet at: http://www.asro.ro/ the Standardization section, together with free access for the standards users to all the standardization products and services. All Romanian standards are voluntary. All products tested and certified in the non-member state are likely to have to be retested and re-certified to European Union requirements as a result of the EUs particular approach to the protection of health and safety of consumers and the environment. Where products are not regulated by specific EU technical legislation, they are always subject to the EUs General Product Safety Directive as well as to possible additional national requirements.
European Union standards are harmonized across the 27 EU Member States, Croatia and European Economic Area countries to allow for the free circulation of goods. A feature of the New Approach is CE marking. While harmonization of EU legislation can facilitate access to the EU Single Market, manufacturers should be aware that Regulations and technical standards might also function as barriers to trade if standards in non-member states are different from those of the European Union.
Due to the EUs vigorous promotion of its regulatory and standards system as well as its generous funding for its business development, the EUs standards regime is wide and deep - extending well beyond the EUs political borders to include affiliate members such as Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Egypt, FYR of Macedonia, Georgia, Israel, Jordan, Lebanon, Libya, Republic of Moldova, Montenegro, Serbia, Tunisia, Ukraine, and Turkey.
Conformity Assessment Conformity assessment is a mandatory step for a manufacturer to comply with specific Romanian legislation. The purpose of conformity assessment is to ensure consistent compliance during all stages of the production process. A positive assessment facilitates acceptance of the final product. Romanian and EU product legislation gives manufacturers ROMANIA
TRADENET COMMERCIAL ATLAS some choice in conformity assessment, depending on the level of risk involved in the use of their product. These choices range from self-certification, type examination and production quality control system, to a full quality assurance system. Conformity assessment bodies in Romania are companies, RTD institutes, universities and other entities, a total of 35 entities. Their list may be found at http://ec.europa.eu/enterprise/newapproach /nando/index.cfm?fuseaction=country.notifiedbody&cou_id=642
Product Certification In order to sell products on the Romanian market, as well as on the EU, Norway, Liechtenstein and Iceland, exporters are required to apply CE marking whenever their product is covered by specific product legislation. CE mark legislation offers manufacturers some choices but also some decision trees to determine which safety/health concerns must be addressed, which conformity assessment module is best suited to the manufacturing process, and whether or not to use EU-wide harmonized standards.
Accreditation Independent certification bodies, known as notified bodies, have been officially accredited by competent authorities to test and certify to EU requirements. Accreditation is handled at Romanian level, by Romanian Accreditation Association http://www.renar.to
Labelling and Marking Romania has adopted various EU mandatory and voluntary labelling schemes, all regulated and supervised by the National Authority for Consumer Protection which publish the legislation in force concerning labelling: http://www.anpc.gov.ro/anpc/index.php? option=com_content&view=category&layout=blog&id=32&Itemid=39 Manufacturers are advised to take note that all labels require metric. Romania imposes that all labelling should include the Romanian version.
Trade Agreements Romania has signed a significant number of bilateral Double Tax Agreements (DTAs). Most of these agreements follow the OECD model. The Double Tax Agreements prevail over domestic legislation, provided that a certificate confirming the foreign fiscal residency of the taxpayer is presented to the Romanian tax authorities. Companies based in countries with which Romania has signed DTAs benefit from a reduced level of withholding taxes. The Fiscal Code provides for a significant simplification of taxation procedures as well as for harmonization with European Union fiscal practices.
Taxation clearing, VAT
Since 1999, Romania has revised its tax system to bring it closer both to EU models and to the recommendations of the World Bank and IMF.
In 2004, Romania adopted a flat tax of 16% on both personal income and corporate profit taxes, and simplified the tax code. The Government reduced employers' payroll taxes by 2% in 2007 and by an additional 6%, in three stages, in 2008. In 2009, the newly-elected Government rolled back some of these reductions. For employment taking place in normal working conditions, payroll taxes are now 31.3%, with 10.5% payable by the employee and 20.8% by the employer (up from 27.5%, 9.5%, and 18%, respectively). For jobs with high mortality or disease rates, total payroll taxes are 36.3%, with employees paying 10.5% and employers 25.8% (compared to 32.5%, 9.5%, and 23% previously). For certain professions such as mining and aviation, where workers may be exposed to high levels of radiation, the current rate is 41.3%, with 10.5% paid by the employee and 30.8% by the employer (an increase from 37.5%, 9.5%, and 28% respectively). Accident and risk fund contributions range ROMANIA
TRADENET COMMERCIAL ATLAS from 0.15% to 0.85%, depending on the company risk class (previously 0.4% to 2%). Rates for medical and unemployment insurance have remained unchanged. Beginning in July 2010, Romania increased the standard value added tax (VAT) rate from 19% to 24%.
The country is fully integrated with EU customs, excise tax, and VAT transfer systems.
Corporate taxes at a glance 23 : Profits tax rate (%) 16 Capital gains tax rate (%) 16 Branch tax rate (%) 16 Withholding tax (%) - Dividends 0/16 - Interest 0/16 - Royalties 0/16 - Services 16 - Commissions 16 - Entertainment and sports activities 16 - Proceeds from liquidation 16 - Branch remittance tax N/A Net operating losses (years) - Carry-back N/A - Carry-forward 7 (5)
Payment terms
The EU addresses the problem of payment delays with Directive 2000/35/EC. This covers all commercial transactions within the EU, whether in the public or private sector, primarily dealing with the consequences of late payment. Transactions with consumers, however, do not fall within the scope of this Directive. The Directive entitles a seller who does not receive payment for goods/services within 30-60 days of the payment deadline to collect interest (at a rate of 7 % above the European Central Bank rate) as compensation. The seller may also retain the title to goods until payment is completed and may claim full compensation for all recovery costs.
Origin rule
Origin is the "economic" nationality of goods in international trade. There are two kinds, non- preferential and preferential. Non-preferential origin confers an "economic" nationality on goods. It is used for determining the origin of products subject to all kinds of commercial policy measures (such as anti-dumping measures, quantitative restrictions) or tariff quotas. It is also used for statistical purposes. Other provisions, such as those related to public tenders or origin marking, are also linked with the non-preferential origin of the products. In addition, the EU's export refunds in the framework of the Common Agricultural Policy are often based on non-preferential origin. Preferential origin confers certain benefits on goods traded between particular countries, namely entry at a reduced or zero rate of duty. In either case, an important element in determining the origin of goods is their tariff classification. Goods in trade are identified in the Community by a code number in the Combined Nomenclature (CN) and before trying to determine their origin it is essential that their CN code has been identified.
23 Ernst&Young Romania, Romania Business Passport, 2011 edition
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TRADENET COMMERCIAL ATLAS Marketing aspects
Distribution and Sales Channels Distribution of goods and services in Romania is similar to other European countries. Wholesale and retail tiers, and support services such as packaging, warehousing and merchandising, are fully developed in Romania. Retail outlets, franchisees, and value added resellers serve as channels for the provision of services ranging from mobile phone service, consulting or software and IT. Romanias range of retail outlets includes specialty shops,
supermarkets, hypermarkets, cash and carry, department stores, gas station convenience stores, and do-it yourself shops, kiosks, street vendors, open-air markets and wholesale centres. Despite the rapid growth of shopping malls and hypermarkets, many urban consumers still rely on small shops and markets for daily shopping.
Selling Factors/Techniques Price, payment terms, value and quality are critical factors for success in Romania's business and consumer markets. In almost any business domain, European competitors exist and enjoy the advantages of tariff free status within the EU. Firms from non-member states may not always compete on price but need to demonstrate a clear value proposition. Proven products or services with benefits that emphasize cost-savings, efficiencies or for distributors profitability and reliability, will stand the best chances of market success.
Trade Promotion and Advertising The variety and quality of Romanian advertising is similar to that of other European countries. Total advertising expenditures were approximately 339 million euro in 2009, with 222 million of this, roughly 65%, spent on television advertising, according to estimates by Initiative Media Romanias Media Fact Book 2010. Multinational companies represent a large share of spending. New media and combinations of media continue to develop to respond to audience segmentation using several forms: internet and social networking, digital TV, mobile telephony, radio, and print, etc.
Most major multinational advertising and public relations agencies are represented in Romania, including Ogilvy & Mather, McCann-Erickson, Lowe & Partners (IPG member), Tempo Advertising, Graffiti/BBDO, Saatchi and Saatchi, Young and Rubicam, Leo Burnett and Publicis.
Specialized market research and testing are available from independent suppliers, both Romanian and international, as well as from established Romanian institutes and organizations such as the Romanian Audit Bureau for Circulations http://(www.brat.ro), the Institute of World Economy, and the Romanian Chamber of Commerce and Industry (http://www.ccir.ro).
Pricing Pricing structures in Romania are similar to those used in most other countries: prices are increased by wholesale and retail mark-ups as well as by taxes, especially the Value Added Tax (VAT) that climbed from 19% to 24% as of July 2010. Product pricing is influenced primarily by existing competition in the Romanian market, as well as by the liquidity of the market. Common consumer goods are price-sensitive, and competition can be fierce, as local producers compete with products from China, Southeast Asia and Turkey. In the case of higher quality goods, the reputation of a brand - as well as technical specifications or length of warranties can command a price premium in the market.
ROMANIA
TRADENET COMMERCIAL ATLAS Romania had an inflation rate of 8% in 2010. Increases in food prices (+0.73%) and fuel prices (+2.82% for total fuels, and +4.0% for gasoline) were additional drivers of overall inflation. The NBR envisions inflation to 3.3% by the end of 2011, and 3% in 2012 24 .
Sales Service/Customer Support The concepts of after-sales customer service and support are still developing among Romanian businesses, but large multinationals are providing leadership in this area. As a consequence, Romanian consumers are increasingly sensitive to the quality of aftersales services in making their buying decisions.
24 National Bank of Romania, 7.11.2011
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SOURCES OF FINANCING BUSINESS ACTIVITIES
General considerations, types of sources
Doing business in Romania may be financed by several types of sources that depend both on their origin and their destination. Grants under state-aid schemes and loans are the most popular sources in Romania, although participation with equity and other private forms of supporting a business have started to operate in Romania in recent years. Indirect support is also available under certain schemes addressing social and education aspects.
Public sources EU, international, national
Initial investments in business start-ups and developed The most of the state-aid schemes refer to initial investment that is a project for new production/service units, extending existing units in order to produce/offer new products or services or products/services in a new range. Excepting for certain schemes addressing environmental issues, all schemes finance such initial investments, and mere replacements may not be financed under the current schemes.
Very few schemes finance start-up companies, as risks related to a new business are much higher and require additional measures: - EU: The National Programme for Rural Development - agricultural, tourism and non- agricultural activities in rural areas (www.apdrp.ro) - EU: Companies created to transpose into production a RTD result www.poscce.ro - National: Environmental Fund environmental related projects for renewable energy, environmental-friendly industrial approaches in industrial activities or for treating waste waters. Such applicants should have at least 6 months of activity. www.afm.ro These schemes are not specially designed for start-ups, and they also finance existing companies.
Existing companies, with a stable activity and, generally, with positive financial results at least in the last fiscal year, are financed by several European and national schemes: - EU: SOP IEC investments up and above 250.000 euro for SMEs, investments in large enterprises. Additional support addresses training and consultancy needs, going international, and implementing international standards. - EU: ROP development of micro-enterprises. - EU: The National Programme for Rural Development - agricultural, tourism and non- agricultural activities in rural areas (www.apdrp.ro) - National: Environmental Fund (www.afm.ro) - National: state-aid scheme for regional investments, sustainable development, environmental projects, and other schemes, all coordinated by relevant ministries. - National: de minimis scheme, financing a large range of enterprises, economic activities and types of projects.
Research and innovation Research and innovation in industry are financed by both EU and national programmes, either as a direct aid national programme, or through cooperating with RTD entities such as RTD institutes and universities. EU sources: SOP IEC special axis addressing RTD project of enterprises, in cooperation with RTD structures, or in order to create poles of excellence. National sources: the National Programme for RTD addressing RTD project of enterprises or developed in cooperation with RTD structures ROMANIA
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Human resources development Three types of schemes operate in Romania to develop human recourse in companies: two schemes addressing direct qualification and training (the difference is made by the result of the project: either qualification or specialisation/further training for qualified staff), and the third scheme addressing health and safety issues. Indirectly, companies may benefit of human recourses development by participating into such project developed by public or private training providers, universities, chamber of commerce, etc.
Private sources, including bank loans
Private sources for financing businesses are mainly represented by Investment Funds, large NGOs involved into supporting certain disadvantaged areas, and, most numerous, by loan schemes developed by banks. Investments Funds operating in Romania are both foreign and Romania: http://www.kmarket.ro/fonduri/fonduri.php
NGOs involved into supporting certain disadvantaged areas, e.g. World Vision Foundation financing small scale rural investment projects for local farmers.
Banks: all banks operating in Romania have developed several types of financing instruments, for current activity, investment projects, and schemes to support companies accessing European funds.
Useful links: Romanian Authority for Structural Instrument Coordination, with links to all structural instruments available in Romania http://www.acis.ro The National Programme for Rural Development http://www.apdrp.ro General information on Structural Funds http://www.fonduri-structurale.ro Romanian Agency for Implementing Project and Programmes for SMEs http://www.aippimm.ro National Fund for Environment http://www.afm.ro National Authority for Scientific Research http://www.ancs.ro Ministry for Public Finance, incorporating the Unit for coordinating the state-aid and de minimis schemes funded by the national budget http://www.mfinante.ro Romanian National Bank, with links to all commercial banks http://www.bnro.ro
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ENTREPRENEURIAL CULTURE
General considerations
Small and medium sized enterprises (SMEs) accounted for 97.9% of the total number of companies in Romania in 2010. Given the important role they play in generating new jobs and their significant contribution to increased employment rates, the Plan for National Development 2007-2013, and, subsequently, several programmes financed by structural instruments and other European policies. Therefore, the specific actions taken so far have mainly focused on building of the institutional, legislative and financial framework to support SMEs development, private initiatives and investments, including promoting the entrepreneurial culture.
Enhancing the competence through innovation, especially technological innovation and new business schemes
Entrepreneurial initiative is stimulated in Romania through several programmes financing the creation of new businesses. All programmes are rather successful, although two risks have been identified: (1) too optimistic business plans leading to failure in entering the market, and (2) new business registered by well-established entrepreneurs in order to access the specially designed funds for newly created companies.
The funds financing such new businesses are currently aiming at stimulating the innovation- based start-ups and spin-offs, and population of rural area with non-agricultural enterprises that might diversify the skills and abilities in these areas: 1. Sectorial Operational Programme Increase of Economic Competitiveness, Priority Axis 2: Research, Technological Development and Innovation for Competitiveness (www.amposcce.ro) 2. National Programme for Rural Development (www.apdrp.ro)
Lifelong learning
In the recent years, great consideration was given to the reinforcement of the initial education and training contribution in providing employability competences to their future graduates. Thus, the initial vocational education includes good examples for the importance given to the need to improve the co-operation with employers and to address the individual education and training needs. The vocational education curriculum creates the premises for flexible and better adapted educational and offers to the labour market needs and for promoting entrepreneurship. Entrepreneurial education is part of the key competences and is reflected in all curriculum development activities. Entrepreneurial education is also part of the compulsory curriculum in gymnasium education. School-enterprises co-operation as predictor for entrepreneurship skills development is still insufficiently exploited, especially in rural areas. In case of university education, entrepreneurial education is less coherent and systematic compared to pre-university education, as well as compared to the experiences and practices of other Member States.
The public and private market is offering training courses for adults of management, marketing, basic competencies such as communication, team working, leadership, etc. ensures the needs for such skills and abilities: universities, chambers of commerce, training and consultancy companies, business associations and other relevant organisers. Yet, the ROMANIA
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training programmes enjoying a higher coherence and responding in an integrated manner to the needs defining the entrepreneurial culture are those financed under several measures, namely: 1. Sectorial Operational Programme Human Resources Development 2007-2013, financed by the European Social Fund and the Romania Government (http://ww.fseromania.ro) 2. National programme addressing young generations of entrepreneurs: START (http://www.aippimm.ro/categorie/programe/) 3. National Programme to Develop an Entrepreneurial Culture among Women Managers in SMEs (http://www.aippimm.ro/categorie/programe/)
Corporate responsibility
Corporate social responsibility (CSR), as a concept, is becoming increasingly common in Romanian business, driven primarily by multinational companies infusing their corporate culture into the local market. Virtually all foreign enterprises in Romania have some kind of CSR program, and most follow generally accepted CSR principles, such as the OECD Guidelines for Multinational Enterprises. Romanian legislation allows companies to allocate part of their corporate income tax (a maximum of 0.3% of turnover and 20% of total corporate income tax due) for CSR under the sponsorship law. Two important online CSR platforms present project, developments, and CSER-related events in Romania: www.csr- romania.ro, and www.responsabilitatesociala.ro
ROMANIA
TRADENET COMMERCIAL ATLAS LOCAL RESOURCES FOR CROSS BORDER BUSSINESS COOPERATION
Main economic sectors of cross border interest
Romania is a market with great potential, a strategic location, and a business environment that offers opportunities amidst some risks.
After several years of strong growth, Romania slumped into a deep recession in 2009 with GDP contracting by more than 7%. The contraction moderated in 2010 to minus 2% of GDP, and most forecasts see a gradual return to growth of 0.5% to 1.5% in 2011, positive but still lagging behind most of the European Union. Forecasts for succeeding years are more encouraging, as most predict the rate of economic growth to accelerate further.
Stabilization of the economy has been due largely to a 20 billion ($27.4 billion) rescue package led by the International Monetary Fund (IMF). Romania has shown commitment to meeting the terms of the agreement with IMF, implementing a tough austerity program to reduce its budget deficit to 4.4% of GDP in 2011 and to 3% of GDP in 2012.
Despite these challenges, several underlying attributes of the economy allow it to keep forward momentum. These attributes also produce the medium term business opportunities for foreign companies who have experience and expertise in the areas demanded by Romanias stage of development.
Romanias membership in the European Union is one of its most persuasive advantages. As a relatively new (2007) member, Romania offers a sizable domestic market and a comparatively low-cost foothold for accessing the EU market. Much of the foreign investment in retail and some manufacturing has been based on these two elements. In addition to this larger market, Romanias membership makes it eligible for billions of euro in EU grant funding. The set of financial supports known as Structural Instruments are available to support investment in physical infrastructure and many other types of projects, and require a co-financing component from the recipient, in addition to the national government. In addition, Romanias location in Southeast Europe shortens the distance for export sales to Turkey, the Balkans, the Middle East and markets such as Ukraine and Russia. Several foreign manufacturers have moved into Romania, despite its economic recession, for this reason. Romanias powerful concentration of high-end software development and services is almost entirely export driven, serving regional or global markets. Romanias stage of development and its requirement to conform to the standards of the EU drive many of the business opportunities for foreign firms.
Based on market analyses, the national authorities and several important foreign economic missions in Romania recommend the following sectors as being an opportunity for foreign companies: Agricultural Machinery and Equipment Automotive Market Energy Environmental Technologies Healthcare Information Technology Market Packaging And Packaging Waste Market As the economy recovers, additional opportunities will emerge in areas such as franchising, hotel and restaurant equipment, automotive parts, packaging, and other industrial equipment.
ROMANIA
TRADENET COMMERCIAL ATLAS
Local products and services of cross border interest (traditional manufacturing, tourism, agricultural products, etc.)
Constanta County economy seize its competitive and natural advantages that it already has or has developed over time: over 70 km of opening the Black Sea and Danube opening Danube - Black Sea that links the various tourist resources (beaches, spa background, cultural and historical heritage, protected areas), flat agricultural land, favourable conditions for viticulture, labour large, broad and diversified educational framework, dynamic business environment. In this context, a myriad of economic activities have developed harmoniously and integrated, so the potential for international cooperation is expanded.
Regarding the ranking of economic sectors as a share of the total economy of Constanta, an integrated analysis of the number of active firms, the investments they make and their turnover. 25 At the end of 2009, Constanta held the largest share of active firms in trade, 37.5% of the county's economic activity, followed far away from a group of five types of activities with rather equal weights, namely construction, transport and warehousing, professional, scientific and technical, manufacturing and tourism. Investment companies in the trade is on the lower places, leaving the top companies in manufacturing, the construction and transport and storage. In conclusion, the three sectors remain constantly present in this analysis, namely manufacturing, construction and transport and storage. Both manufacturing and transport and storage already have an international activity, certainly not exploiting all potential capacity. Construction sector has recently begun the process of internationalization and cooperation with other companies in building and participating in international tenders is likely to facilitate this process.
Given the vast variety of sub-sectors in manufacturing, an analysis is required to identify the most relevant sub-processing in Constanta County. Thus, the share of manufacturing activity determines the next most important ranking: food and beverages, manufacture of other transport equipment (ships and boats), manufacture of metal constructions, manufacture of rubber and plastics, textiles and clothing, non-metallic mineral production (incl. construction materials) and mobile. Despite the small number of companies, companies active in the manufacture of refined petroleum products have a turnover and make investments that exceed the other sub-sectors of manufacturing. Sectors such as construction materials, food, petrochemical, or produce other types of means of transporting (ships and boats) and large enterprises that have generators are the sector.
Economic sectors with potential for internationalization
The total value of the international commerce of Constanta in 2010 indicate a slight increase compared to 2009, exports recorded a figure of 1,709,807 thousand euro (up 8.34%) and imports 2,603,918 thousand Euros (an increase of 11.82 %), causing a negative trade balance. For the first three months of 2011 the export value is 753,162 thousand Euros (up 47.70%) and imports of 797,650 thousand Euros (up 29.61%) compared with same period of 2010, indicating a slight economic recovery and a decrease in the trade deficit 26 .
Absolute increase in the size of deliveries to export recorded in January-August 2011, gives the main groups of products can be ranked as follows: a. Fuels and mineral oils - 512.04 million Euros b. Ships, boats and floating structures - 248.71 million Euros
25 Statistical Yearbook 2007-2010 Constanta, Constanta County Statistics 26 Monthly Statistical Bulletin, the "International Trade" for the county of Constanta, National Institute of Statistics, 2009-2011
ROMANIA
TRADENET COMMERCIAL ATLAS c. Iron and steel - 161.37 million Euros
As regards imports, the highest values recorded for Constanta County: a. Fuels and mineral oils - 1050.37 million Euros b. Boilers, turbines, engines, machinery and mechanical appliances - 115.19 mil. Euros c. Machinery, electrical equipment and parts thereof - 72.75 million Euros
Analysing the evolution of the key sectors with internationalization potential of Constanta: a. National Export Strategy 2011-2015 identifies the Romanian shipbuilding, metals and logistics as having the largest potential; b. Over 80% of the renewable energy investments are concentrated in the counties of Constanta and Tulcea 27 , estimates in this area are growing from 1% to 11% contribution to the electricity system; c. The analysis shows that FDI projects in sectors like automotive, mining and transport were all significantly reduced in number, while business services and information technology projects were also affected. However, other sectors 28 - perhaps those who have survived the recession better - such as food, pharmaceutical and electricity, all recorded an increase in the number of projects; d. The Port of Constanta is logistic centre and is primary polarizing the county economy, transport, storage activities recording a turnover increase; e. The seaside hotel business is substantial annual investments that are hard to recover in a short season on the Romanian seaside. The problems facing the seaside hoteliers are both internal organization and the market situation that does not depend directly on their decisions. Thus, underinvestment in infrastructure, lack of qualified labour, wrong market positioning or lack of convergence between the interests pursued by investors and local authorities and Coast image abroad has determined an annual rate of slow recovery Romanian tourism. A solution for this is the internationalization of the presence of international hotel brands. f. The furniture produced to address a large mass of consumers has a significant share in the consumer goods industry in most countries of the world, holding or forest resources. From the perspective of recovery in terms of size of value added wood to a cubic meter for the furniture industry is an important sector with growth prospects. Constanta County contributes 2.6% of Romania's total exports in this sector. g. The construction sector can be internationalized by the combination of companies from participating at auctions for both infrastructure projects and real estate. The high investment rate in Constanta County shows a slight increase in the activity and positive forecasts for the sector.
27 Pure Power - Wind energy targets for 2020 and 2030, Report by the European Wind Energy Association 2011 28 The investment attractiveness of the South Eastern Europe, Ernst & Young, Section Romania, 2010. European Investment Monitor excludes portfolio investments, mergers and acquisitions and highlights the real situation of foreign investment in manufacturing and services sector made in the continent. Investment attractiveness of a location is a combination of image, investors' confidence and how they perceive the ability of a country or region to offer the most competitive advantages for FDI.
ROMANIA
TRADENET COMMERCIAL ATLAS
BULGARIA TRADENET COMMERCIAL ATLAS
BULGARIA
BULGARIA TRADENET COMMERCIAL ATLAS
BULGARIA TRADENET COMMERCIAL ATLAS
COUNTRY PROFILE
General presentation
Official name: Republic of Bulgaria
Flag and coat of arms
Form of government: Parliamentary Republic
Geography
Bulgaria is situated in the Sout-East of the Central Europe, in the Balkan Peninsula and shares a border with Turkey and Greece to the south, Macedonia and Serbia to the west, Romania to the north and the Black Sea to the east. With an area of 110,910 sq. km., Bulgaria is one of the smaller countries in Central and Eastern Europe and among the EU member states. The relief of Bulgaria is varied. In the relatively small territory of the country there are extensive lowlands, plains, hills, low and high mountains, many valleys and deep gorges. The mountainous South-Western part of the country has two mountain chains - Rila and Pirin and more to the East there are the Rhodope Mountains, shorter but wider. The Rila mountains include the highest peak in the Balkan Peninsula, Musala, of 2,925 m; the Balkan Mountains stretched chain is oriented East to West direction across the country, north of the famous Rose Valley. Hills can be found in the south east of the eastern Black Sea coast and along Bulgaria's main river, the Danube in the north.
The table bellow shows the distribution of the height zones in Bulgaria:
Height zones Height (m) Area (km 2 ) Area (%) BULGARIA TRADENET COMMERCIAL ATLAS Lowlands 0-200 34,858 31.42 Hills 200-600 45,516 41.00 Low mountains 600-1000 16,918 15.24 Medium-high mountains 1000-1600 10,904 9.82 High mountains 1600-2925 2,798 2.52
Hydrography The Danube river, crossing eight European countries and being the Europe's second longest river with a length of 2,860 km, forms most of the northern border of Bulgaria with Romania. Other important rivers are Struma and Marita, in the South. There are about 260 glacial lakes in the Rila and Pirin, several large lakes on the Black Sea coast and more than 2,200 artificial man-made storage lakes. Mineral springs are abundant, localized especially in the South - West and central regions.
Climate The sub continental climate is predominant in Bulgaria (with 2000 2400 sunny hours per year) with four seasons: cold and sometimes humid winter with snowfalls and average temperature 0C, cool and more often rainy spring, warm and rainy summer at the start of the season and with hot and dry weather during the rest of the season and average temperatures 23C and warm, sunny and windy autumn. The average annual temperature is 10.5C.
Natural resources Bulgaria has large areas of high-quality arable land and forests. The country has considerable natural resources including vast reserves of lignite and anthracite or non-ferrous minerals such as copper, lead, zinc and gold. There are large deposits of manganese in the North East. Smaller deposits of iron, silver, chromium and nickel are also present. Bulgaria is rich in salt, gypsum, kaolin and marble.
Language Bulgarian is the official and national language in the country. Turkish, Rromale, Macedonian and Armenian are languages usually spoken by approx. 15% of the population. The most commonly used business languages are Russian, German, English and French. Among people living in the border area, many are using in commercial purposes the language of the neighboring country.
National Day: 3rd of March (Liberation Day)
Other official holidays: Jan. 1 2; Easter (Good Friday and Monday, the second Easter day); May 1; May 6, May 24, Sept. 6, Sept.22; Nov.1; Christmas (December 24 26)
Local time: GMT + 2
National currency: LEV (BGL), subdivision STOTINKA; 1 EUR=1.95583 BGN, fixed exchange rate under currency board
History and civilisation
The history of Bulgaria starts with the forming of the First Bulgarian Empire by Asparukh in 681 AD though previously other Bulgarian ruler ships existed, but traditionally history of BULGARIA TRADENET COMMERCIAL ATLAS Bulgaria is beginning with Asparukh and union between Bulgars and Slavs at the lands of todays Bulgaria. In 632 the Bulgars, originally from Central Asia, formed under the leadership of Kubrat an independent state that became known as Great Bulgaria. Its territory extended from the lower course of the Danube to the west, the Black Sea and the Azov Sea to the south, the Kuban River to the east, and the Donets River to the north. Pressure from the Khazars led to the subjugation of Great Bulgaria in the second half of the 7th century. Kubrats successor, Asparukh, migrated with some of the Bulgar tribes to the lower courses of the rivers Danube, Dniester and Dniepr (known as Ongal), and conquered Moesia and Scythia Minor (Dobrudzha) from the Byzantine Empire, expanding his new kingdom further into the Balkan Peninsula. A peace treaty with Byzantium in 681 and the establishment of the Bulgarian capital of Pliska south of the Danube mark the beginning of the First Bulgarian Empire. (At the same time one of Asparuh's brothers, Kuber, settled with another Bulgar group in present-day Macedonia.) Bulgarian culture is formed by traditions of the Bulgars and to some extend Thracians, Slavic language and after Christianisation - by Orthodox Christianity, drawing from both Western European cultural traditions (19th, 20th century) and the Eastern, Byzantine and later in 19th and 20th century Russian culture. The First and Second Bulgarian Empires formed a cultural centre in Slavic Europe with its literary schools and educators which were a major source for Slavic literature and standardization of written literary Old Slavic language. In political aspect Bulgaria went through radical changes (kingdom, communism and later republic democracy) and lost independence twice in its history, once by the Kievan Rus' and the Byzantine Empire (10181185) and once by the Ottoman Empire (1396 - 1878), which introduced many challenges, esp. after the Liberation in 1878. Bulgarian Kingdom after the Liberation was seeking to restore Bulgarian institutions, give place to Bulgarian science and education (where many new models were adopted like education for women), literature (creation of modern Bulgarian literature), standardization of the Modern Bulgarian literary language, etc. During communism Bulgarian state was seeking to improve the economic situation of small towns and villages, and to reduce social class differences that emerged in the monarchy and were partially received by the social differences during the Ottoman rule, education was made economically accessible to all, but entrepreneurship was forbidden, and travel abroad was difficult due to inner restrictions. After the events at the end of 1989 and early 1990 in the Eastern Europe Bulgaria changed to democratic republic giving place for political pluralism and freedom of speech, and free market economy. Following 10 November 1989, when under the pressure of both domestic and international developments Todor Zhivkov, Bulgaria's long-time Communist Party leader, was forced to resign, Bulgaria stepped on the road to democracy again. Nowadays, it is a pluralistic, multi-party state and a parliamentary republic, member of NATO and EU.
Socio-economic profile
Demography According to the preliminary data of the February 2011 census, Bulgaria has a total population of 7.35 million inhabitants and an average density of 66 inhabitants per sq km. 83.9% are Bulgarians, 9.4% Turks, 4.7% are Rroma, 2% form other ethnic minority groups (Macedonian, Armenian, Tatar). 82.6% of the population are Bulgarian Orthodox, 12.2% are Muslim, 0.6% Roman Catholic, 0.5% are Protestants. For 2008 it is estimated that the active population was 2.67 million persons, of whom 7.5% worked in agriculture, 35.5% in industry and 57% in services.
Administrative divisions Bulgaria is divided in 6 regions 3 in the South and 3 in the North. With the administrative reform in 1998 the existing at that time 9 districts were transformed in 27 districts and the metropolitan area of the capital Sofia. The provinces are named after the capital each and are subdivided into 264 municipalities. The most important cities are Sofia, the capital, with 1.3 million inhabitants, Plovdiv 379,493 inhabitants, and Varna 352,674 inhabitants.
BULGARIA TRADENET COMMERCIAL ATLAS Transport infrastructure The crossroad geographical situation of Bulgaria is defined by the five trans - European corridors between Europe, Asia and Africa. These are the most important capital of the country in the international relations. These are Corridor 4 from Scandinavian countries through Poland and Hungary towards Greece; Corridor 8 from Adriatic Sea to the Black Sea, Corridor 9 from Scandinavian countries through Saint Petersburg and Kiev to Greece and Turkey; corridor 10 from Western and Central Europe to India and the River Corridor 7 from Nordic Sea to the Black Sea via the Danube river. All this defines the existing transport infrastructure of the country.
Railways In 2005 Bulgaria had some 6,238 kilometers of open access track owned by the state company "National Company Railway Infrastructure", including a 125 kilometers long 760 mm narrow gauge railway - the Septemvri-Dobrinishte. Sofia, Plovdiv and Gorna Oriahovitsa are the hubs of the domestic system and of international rail connections. Bulgaria's rail system has not expanded since the 1980s, but there are upgrading projects underway.
Roads In 2008, Bulgaria had about 44,033 km of roads, of which 99% paved (43,593 km) and only 1% unpaved (440 km), but almost 50% of paved roads were considered of minimum international standards and only 459 km were highways. Bulgaria has delayed building some key highway connections since the 1990s, but European Union membership is a strong incentive for completion. The National Strategy for Integrated Infrastructure Development calls for construction of 720 kilometers of new highways by 2015. Proposed international corridors would pass from North to South, from Vidin to the border with Greece and from Ruse to the border with Greece, and West to East, from Serbia through Sofia to Burgas, Varna, and Edirne (Turkey).
Highways Trakiya motorway: Sofia - Plovdiv Stara Zagora - Karnobat - Burgas (Stara Zagora to Karnobat under construction) Hemus motorway: Sofia - Yablanitsa - Shumen - Varna (Yablanitsa to Shumen still to be constructed) Cherno More motorway: Varna - Burgas (planned) Maritsa motorway: Parvomay - Kapitan Andreevo (under construction) Lyulin motorway: Sofia - Pernik BULGARIA TRADENET COMMERCIAL ATLAS Struma motorway: (Sofia) Pernik - Kulata (still under construction Dolna Dikanya to Sandanski)
Air transport In 2008 Bulgaria had 204 airports, 127 of which with paved runways, and 4 heliports. The largets airport, in Sofia, has a runway longer than 3,000 meters. The second- and third- largest airports, in Varna and Burgas, serve mainly charter flights and have regular domestic links with the capital.
Water transport Bulgaria has 8 river ports on the Danube (Lom, Rousse, Vidin, Silistra, Tutrakan, Svishtov, Nikopol and Oryahovo) and 9 sea ports at the Black Sea (Burgas, Nesebar, Varna, Tsarevo, Sozopol, Pomorie, Obzor, Kavarna, Balchik). The major and largest ports with international significance are Varna and Burgas.
Pipelines In 2005 Bulgaria had 2,425 kilometres of natural gas pipelines, 339 kilometres of oil pipelines, and 156 kilometres of pipelines for refined products. The pipeline system was scheduled for substantial changes and additions, however. Bulgaria has refused the 279 km Burgas- Alexandroupolis Pipeline. The line would enable Russian oil arriving at the Bulgarian oil port of Burgas to reach Greeces Mediterranean port at Alexandroupolis. Some 400 Km of the planned Nabucco Pipeline, bringing gas from Azerbaijan and Iran to Central Europe, are expected to cross Bulgaria.
GDP 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Millions of PPS (Purchasing Power Standard) 50969.3 54298.6 58153.6 63514.0 b 69466.8 76784.0 82937.9 78424.0 80734.7 83156.7 f 86439.1 f
Purchasing Power Standard per inhabitant 6500 7000 7500 8200 b 9000 10000 10900 10300 10700 11200 f 11900 f
The first obligation of Bulgaria as member of the EU is to implement the principles and priorities of EU policies. The second obligation as Black Sea country is to support the implementation of these policies on the territory of the Black Sea basin as progressive ones, to apply new models of co-operation for strengthening the socio-economic development, which is of mutual interest. As a country that practically implements a bridging role between the Western Balkans and the Black Sea, Bulgaria could accumulate and generate new initiatives, which could be determined as stabilizing, taking into account also the good history of its relations with Balkan countries and with the countries on the Black Sea coast.
Bulgaria pays its tribute by keeping good relations with all the countries from the region and serving as an example for good practices, human rights protection and democratic freedoms. Every year numerous forums, round tables and discussions with international participation are organized to discuss those issues and present the opportunities and the necessary actions in these aspects. Bulgaria also is an active member of OSCE, whose priorities and actions concern the issues already mentioned.
BULGARIA TRADENET COMMERCIAL ATLAS In order to increase the Efficiency of Border Control at the EU External Sea Frontiers, Bulgaria is addressing the following issues: increasing internal security in the region by improving the collaboration among all those institutions in Black Sea countries that are concerned with national security and navigational safety, protecting the sea frontiers and the environment by harmonisation of risk analysis techniques; improving the coordination of joint operations and onboard searches for illegal immigrants, illegal shipments of drugs, weapons and hazardous substances; jointly developing a methodology for fighting corruption in the specialized agencies of Black Sea countries.
In order to improve Communication and Coordination between National Border Coordination Centres of Black Sea countries, Bulgaria aims at improving coordination between border agencies in the Black Sea Region and in particular at strengthening the capacity of the Black Sea Border Coordination and Information Centre in Burgas and the National Border Coordination Centres of Black Sea countries. Bulgaria successfully implements the Integrated Border Management Strategy (which aims at an integrated and global response to the challenges posed by the phenomenon of irregular immigration through common external borders) . Bulgaria is prepared to undertake a key role in strengthening the co-operation between the Danube and Black Sea countries. Being both a Danube and a Black Sea country, Bulgaria is well placed to contribute to the implementation of EU environmental initiatives and policies in the region, strategic energy projects included in its Operative Program for Cross-Border Co-operation in the Black Sea Basin and in the National Strategy for Integrated Infrastructural Development. Bulgaria is ready to take a proactive approach to disseminating the principles and ideas of the future maritime policy in the region by applying the integrated, crosssector and interdisciplinary maritime policy model as proposed by the Green Paper. Promoting the principles of Integrated Black Sea Coastal Zone Management is consistent with the Recommendation of the European Parliament and the Council on the implementation of Integrated Coastal Zone Management in Europe (30 May 2002).
Being member of WTO, Bulgaria supports the efforts of the Black Sea partner countries to join the WTO.
Bulgaria is using the possibilities for co-operation through the Research Program of the International Centre for Black Sea Studies as well as through the establishment of a research network, devoted to the problems of the Black Sea and the co-operation with the now forming European network for research and policy development. Strategic goals of Bulgaria towards the region are connected with the safeguarding of its national security through achieving lasting stability in the region and the creation of favourable conditions for the development of the Bulgarian economy through increasing the co-operation in the Black Sea Region on a bilateral and regional basis. In the context of co-operation in the Black Sea Bulgaria adheres to the principles of consistency, continuity, respect for the rights of building bilateral relationships or relationships in other formats of mutual interest, stability in the relations with the EU, covering standards and norms in various sectors and policies leading to sustainable patterns of development. Support for the activity of the Parliamentary Assembly of Black Sea Economic Co-operation and the Organization of Black Sea Economic Co-operation is among the Bulgarian priorities for internal co-operation initiatives. The aim of all Bulgarian institutions and authorities is the intensification of their activity and their participation in the current policies of the region. In this context the successful implementation of the Black Sea Synergy in addition to the EU Neighbourhood policy is of paramount importance for Bulgaria. Different elements have to be used for the achievement of the long term objectives: Strengthening security and stability, good neighbourly relations and partnership with and among all the countries of the region; BULGARIA TRADENET COMMERCIAL ATLAS Promoting democracy, rule of law, human rights and good governance; Providing support for a functioning market economy, encouraging economic development and prosperity; Extending collaboration with civil society; Developing co-operation at municipal and regional level. The co-operation in the Black Sea Region is based on common values and principles, shared by all countries and defined by the UN Charter, the basic OSCE, the Council of Europe and BSEC documents, as well as the bilateral agreements between the countries from the region and the EU and NATO. Bulgaria supports enhanced co-operation among the Black Sea countries, based on the following principles: shared responsibility for the development and prosperity of the region and ownership of the regional co-operation process; an inclusive approach, ensuring that no country of the region is excluded; a pragmatic approach; synergy between various regional initiatives and programs; each country being able to decide whether to participate or not in a given project developed with the initiative of concerned countries in the region; co-financing from regional partners or other sources, including international financial institutions, government and private funds, establishing partnerships of the Northern Dimension type; openness for co-operation with the EU and other international, regional and local organizations and institutions, as well as business associations, academic and research institutions and non-governmental organisations. Bulgaria will actively promote the formulation and implementation of an enhanced EU policy in the Black Sea Region.
BULGARIA TRADENET COMMERCIAL ATLAS
BULGARIA TRADENET COMMERCIAL ATLAS
INSTITUTIONAL FRAMEWORK
General consideration on the institutional framework
Government system: Parliamentary Republic President: Rosen Plevneliev since 22 January 2012 Prime Minister: Boyko Borissov Foreign Minister: Nickolay Mladenov Bulgaria is a parliamentary republic and conforms with the Constitution of the Republic passed by the Grand National Assembly in July 1991. The Constitution of the Republic of Bulgaria is the supreme law of the country and no other law may contravene it. All international treaties, which are ratified pursuant to the constitutional procedure, are considered part of the domestic legislation. The National Assembly is a one-chamber parliament. It consists of 240 Members of Parliament who are directly elected every four years. The National Assembly is a permanent acting body, directed by a board of Chairmen including a Chairman of the National Assembly. http://www.parliament.bg/ The head of the state is the President, who embodies the unity of the nation and represents the Republic of Bulgaria in its international relations. http://www.president.bg/
Public institutions
Central institutions The Council of Ministers is the executive state body and directs the domestic and foreign policy of the country. The government (15 Ministries; http://www.government.bg ) manages the implementation of the state budget, organizes the management of state property and approves or rescinds certain categories of international treaties pointed out in the Constitution. 1. Ministry of Interior www.mvr.bg 2. Ministry of Finance www.minfin.bg 3. Ministry of Regional Development and Public Works www.mrrb.government.bg/ 4. Ministry of Labor and Social Policy www.mlsp.government.bg 5. Ministry of Defence www.mod.bg 6. Ministry of Foreign Affairs www.mfa.bg 7. Ministry of Justice www.justice.government.bg 8. Ministry of Education, Youth and Science www.minedu.government.bg 9. Ministry of Health www.mh.government.bg 10. Ministry of Culture www.mc.government.bg 11. Ministry of Environment and Water www.moew.government.bg 12. Ministry of Agriculture and Food www.mzh.government.bg 13. Ministry of Economy, Energy and Tourism www.mi.government.bg 14. Ministry of Transport, Information Technology and Communications www.mtitc.government.bg 15. Ministry of Phisycal Education and Sports www.youthsport.bg 16. Minister for the Management of EU funds http://www.government.bg/cgi-bin/e-cms/vis/vis.pl?g=&n=18&p=0232&s=001
In Bulgaria operate the following state agencies: 1. The Archives State Agency (ASA) www.archives.government.bg 2. Cadastre Agency of Bulgaria www.cadastre.bg 3. Customs Agency www.customs.bg 4. Invest in Bulgaria Agency www.investbg.government.bg 5. National Bank of Bulgaria www.bnb.bg BULGARIA TRADENET COMMERCIAL ATLAS 6. National Statistic Institute www.nsi.bg 7. The Bulgarian Small and Medium Enterprises Promotion Agency http://www.sme.government.bg/en/ The Bulgarian Small and Medium Enterprises Promotion Agency (BSMEPA) is a government body under the Minister of Economy. It was established with the amendments of the Law for SMEs in 2004 as a successor of the Bulgarian Trade Promotion Agency (BTPA) and the Agency for Small and Medium-sized Enterprises (ASME). BSMEPA has four specialised opperational Departments: Information Services and Regional Coordination General Department, Technological Development and Innovations Department, Pre-accession Projects and Proggrammes Implementation Department, Competitiveness and Entrepreneurial Skills Department. Each of these departments has its own area of expertise and set of activities and together they elaborate and implement the major functions of the Agency, namely: information and consulting services, support to innovative projects and new technologies, assistance of Bulgarian companies in growing and entering into the foreign markets, managers training and transfer of experience through the implementation of international projects.
Local institutions The territory of the Republic of Bulgaria is divided into 278 municipalities and 28 regions. Municipalities are legal entities and have the right of ownership and independent municipal budgets. Mayors of the municipalities and municipal councils are elected through direct local elections at every 4 years, following the law regulations. The municipal council is the local government authority, which determines the development policy of the municipality. The municipal council consists of the directly elected municipal councilors. The executive power body in the municipality is the mayor of the municipality. The regions are administrative-territorial units executing the regional policy of the central government. The regional government is performed by regional governors and regional administration staff on municipality budget expenses. The regional governor is a monocracy body of the executive power in the region, performing the state government in the region and providing compliance of national and local interests in executing the regional policy. The regional governor is appointed by the Council of Ministers.
BULGARIA TRADENET COMMERCIAL ATLAS Private institutions and organisations
Bulgarian Chamber of Commerce and Industry www.bcci.bg (BCCI, Bulgarska targovsko- promishlena palata) has the main task of partnership with state institutions to promote decisions in favour of business in the country. The system of BCCI includes 28 regional Chambers and a total of more than 52,000 members. General view is that during the last years the role of BCCI has increased due to its closer links with branch organisations and the increasing demands for its opinion from the state bodies. The activities of BCCI are concentrated on the submission of opinions on the drafts of new laws, programmes and strategies. However, it participates also in more operational bodies for the implementation of programmes and projects.
The Bulgarian Industrial Association www.bia-bg.com (BIA, Bulgarska stopanska kamara) is an umbrella organization with a matrix structure, vertically representing the branch (sector) oriented organization and horizontally the regional and municipal organizations. BIA has played a crucial role in initiating and coordinating the foundation, consolidation and establishment of the branch (sector) and regional business organizations in Bulgaria. As early as its foundation the Bulgarian Industrial Association directed its efforts to structure the business environment also on a regional principle. This way more than 133 regional associations and local bodies of the business have been set up, 26 of which have the status of regional industrial unions and associations. At present BIA membership incorporates 102 branch organizations constituting a mirror-image of the modern Bulgarian economy. The branch infrastructure is a pre-condition for developing the social dialogue on a branch level. partnership with the European sector confederations. The efforts made helped BIA to have today a well-developed matrix structure and unite on the one hand the branch organizations covering the whole spectrum of economy, and on the other hand the regional structures that correspond to the administrative division of the country.
The Bulgarian International Business Association (BIBA) is an association of foreign investors in Bulgaria, founded in 1992. It is considered to be one of the most influential nongovernmental organisations in Bulgaria, particularly after it opened its doors to Bulgarian owned companies (since 2001) which are involved in international trade and strive to reach world class operational and business standards. The main mission of BIBA is to favourably influence the business climate in Bulgaria and to improve member companies competitiveness (and thus national competitiveness). Among its activities are the facilitation of a dialogue between government and business and the promotion of Public-Private- Partnerships. The activities of its Human Resource Committee are especially relevant for Private Sector involvement, because it prepared the Chapter on human resources in the White Paper on Health and Education and the statements on the Operational Program Human Resources Development of the National Plan for 2007-2013.
The Union for Private Economic Enterprise www.esc.bg (UPEE) was established in 1989 as a non-governmental, non-profit organisation. It is the first voluntary association of Private Sector enterprises in Bulgaria. It has several branch organisations.
Black Sea specific institutions and organisations
The Black Sea zone is often described as a bridge to other regions the Danube region to the west, the Caspian Basin and Central Asia to the east. In view of the numerous challenges which are common to all these regions, Bulgaria supports the establishment of an enhanced dialogue on matters like the environment, transport and energy. The Black Sea Economic Cooperation Organisation (BSEC) is an international regional economic organisation of the countries from the Black Sea region. It was first launched back in 1992 by the Republic of Turkey and acquired the statute of a full-fledged organisation in BULGARIA TRADENET COMMERCIAL ATLAS 1999. Its membership currently includes Albania, Armenia, Azerbaidjan, Bulgaria, Georgia, Greece, Moldova, Romania, Russia, Serbia, Turkey and Ukraine. Seven EU member-states, the United States, Egypt, Tunisia and others have an observer status, while the European Commission and the Energy Charter are among its partner organisations. BSEC has a number of specialised bodies like the BSEC Parliamentary Assembly, the Black Sea Trade and Development Bank, the International Center for Black Sea Studies and the BSEC Business Council.
BULGARIA TRADENET COMMERCIAL ATLAS
LEGAL FRAMEWORK FOR DOING BUSINESS
Starting a business in BULGARIA In Bulgaria are possible 2 types of registration of companies, governed respectively by the Law on Obligations and Contracts http://www.lex.bg/bg/laws/ldoc/2121934337 and the Commercial Code http://www.lex.bg/bg/laws/ldoc/-14917630 The Society of Law on Obligations and Contracts (OCAC) is created by 2 or more persons to achieve certain goals. The legal regulations of the establishment and functioning of OCAC are specified in the Law on Obligations and Contracts Chapter XV Articles 357-364. (The creation and dissolution of unincorporated associations; Activity; The powers of the company) Like companies, members of the OCAC can negotiate and make property and financial contributions to achieve their joint goal. Contributions are jointly owned by partners, including invested in business and household goods in their quality of services, materials, fuel, raw materials. All that was acquired by the company became the common property of the company. Each partner is entitled to seek and obtain their share of the common property of the company, but only exit or termination of the company. Gains and losses respectively of civil society is distributed among shareholders in proportion to their share, if the contract is not agreed. According to Art. 361 of the CPA is considered invalid any agreement to exclude any members from participating in the losses and profits of the company. Unregistered partnership shall be terminated: Upon expiration, which was founded and which is designated in the contract; In achieving the purpose of the company or achievement and has become impossible; Upon death or disability of one of the partners in the event that the contract is not agreed otherwise; With notice of one of the partners made in good faith and in good time, provided that the company is formed for a fixed period and if it is explicitly stipulated that the company will continue to operate with other partners; The Company is terminated by the court if there are reasonable grounds for this. Form of unincorporated enterprise has special status, different from the legal status of legal persons, but in terms of tax registration, tax , debt collection and appeal of tax assessments shall be assimilated to legal persons [Art. 18, para. 2 of the Tax Procedure Code and paragraph 11 of the TFP of the Corporate Income Tax Act]. Equivalent to other entities OCAC register under the general order of the TPC, charged and paid taxes on the CITA or license tax , fill out and submit an annual tax return , registered under VAT , if it meets the conditions specified in the law. The second option to register a company is in accordance with the Commercial Code, which provides for the following kind of commercial companies: General Partnership (GP); Limited Partnership (LP); Limited Liability Company (Ltd), incl. Single Member Limited Liability Company (Ltd.); Joint Stock Company (JSC); Limited Partnership with Shares (LPS).
Other possible business organizations forms according to Bulgarian law are: BULGARIA TRADENET COMMERCIAL ATLAS Sole trader; Branch; Trade Representation; Cooperative.
Companies operating in Bulgaria are registered in the Central Commercial Register at the Registry Agency http://www.registryagency.bg/ of the Ministry of Justice. Once a company is officially registered, notifications must also be registered of any subsequent amendments to the company, including its cessation. Such registrations are both constitutive (i.e. the company is formed and the changes take effect as soon as the initial establishment and any subsequent changes are registered) and informative (the registered details are made publicly available). Foreign citizens and firms can start businesses in Bulgaria under the same conditions as those applying to Bulgarian citizens and lawful residents.
The most popular business entities in Bulgaria registered by foreign citizens take the form of Limited Companies (OOD) and Public Companies (AD). The law also deals with other business entities, such as Sole Traders, but in such cases a person who wants to register such a company must have applied for and been granted permanent residency in Bulgaria The most popular among the above listed organizational forms are the Limited Liability Company and Joint Stock Company where the liability of the shareholders regarding the company's obligations is limited.
Limited Liability Company (Ltd) Limited Liability Company can be constituted by one or more individuals or legal persons, and in case the capital is owned by one person to constitute a Single Member Limited Liability Company (Ltd.). The company's capital cannot be less than 2 BGN(two BGN), the value of a company share cannot be less than 1 BGN. Shares can be different sized for the individual partners. The partners are responsible for the liabilities of the company to third persons to the extent of their capital. The transfer of share capital from one partner to another can be done freely, while its transfer to persons outside the company requires a majority of three quarters of the capital, i.e. consent of almost all other members. The Limited Liability Company differs from the Joint Stock Company by the fact that its capital is not divided into shares, materialized in the form of securities. The Ltd. has no collective management body (Board of Directors or Management Board), but it is managed solely by one or more managers.
Joint Stock Company (JSC) The Joint Stock Company is a company whose capital is divided into shares. The liability of shareholders for the company's obligations is limited to the extent of their participation in the share capital. The structure and the organization of the joint stock company are subject of the Commerce Act, without depriving the founders to negotiate such clauses in the statutes of the company that best match their specific needs. The Joint Stock Company may be constituted by one or more individuals or legal persons, and if the capital is owned by one person to constitute Sole Proprietor Joint Stock Company (SPJSC). The minimum amount of the capital is 50 000 BGN and the minimum face value per share is one BGN. In case of determination of larger face value of the shares it must be defined as whole number. The capital of the joint stock company is divided into shares with equal face value. The shares are securities and they can be traded on stock exchange. They may be issued registered shares or bearer shares. Both may be privileged. The registered shares have to be transferred by endorsement, the transfer must be recorded in the book of registered shareholders in order to be effective toward the company. The statutes may provide other conditions on their transferring too. The method of transfer of bearer shares is to transmit them to the buyer. The decisions in the Joint Stock Company have to be taken as a matter of principle of the majority.
BULGARIA TRADENET COMMERCIAL ATLAS
Joint Venture (Joint Venture) The Joint Venture (Joint Venture) is a company with participation of Bulgarian and foreign persons. There is no limit regarding the amount of the foreign participation. The company must be incorporated in any form of commercial companies, listed in full in the Commerce Act: General Partnership (GP); Limited Partnership (LP); Limited Liability Company (Ltd), incl. Single Member Limited Liability Company (Ltd.); Joint Stock Company (JSC); Limited Partnership with Shares (LPS)).
After the entering into the Commercial register, the company shall be considered as local entity and its activities shall be governed by the Bulgarian legislation. There is no obstacle to establish joint venture formed by several non-residents and without Bulgarian participation - after its registration under Bulgarian law, it will enjoy all rights recognized by the law for the local companies. Art. 7 of the Act on Investment Promotion stipulates that a foreign person or company who is not a legal entity may open branches in the country, if registered as entitling to perform business under its national law. The branch shall be entered in the Commercial Register at the court in the district where its registered address is located. The Commercial Act regulates the procedure for registration of a branch. The Branch shall be entered in the Commercial Register on the basis of a written application that contains: registered office and business of the branch; data about the person who manages the branch, and the content of the representative authority. Enclosed to the application shall be the following documents: notarized consent with specimen of the signature of the person who manages the branch; copy of the company contract with the branch manager; certificate of registration of foreign person as a trader; certified copy of the decision of the competent authority to establish a branch. The branch is not a legal entity separate from the company which established it is part of it, but has a different registered office. However, the branch keeps commercial records as an independent trader, and furthermore the branches of the foreign entities are obliged to prepare a balance sheet at year end.
Trade Representation Foreign persons who have the right to do business under their national legislation may establish trade representation offices to be registered at the Bulgarian Chamber of Commerce and Industry (BCCI). These representation offices are not legal persons and can not carry out economic activity. Foreign entities may enter into transactions with residents only for the needs of its registered representation offices as they are subject to the provisions of Bulgarian law. Commercial representations of foreign entities must be entered in the Commercial Register under Article 6, paragraph 1 of the Act on Investment Promotion. In this respect, the decision of BCCI for the registration of trade representation offices has a constitutive character. Necessary documents for registration: application form; evidence of registration of the foreign entity, issued by the competent authority under national legislation. an official document of the persons managing and representing the foreign entity, issued by the authority under the preceding paragraph; decision of the Board of Directors of the foreign entity to open a trade representation office in Republic of Bulgaria; special, notarized power of attorney in original, issued by the person / persons / under Item 2, to the person authorized to register and manage commercial BULGARIA TRADENET COMMERCIAL ATLAS representation office in Republic of Bulgaria and the scope of the granted rights. It is admissible to present original certified copy of the said power of attorney; original /s/ of specimen /s/ signed by person /s/, representative /s/ in Bulgaria - by right or by special powers, certified from notary or filed lied in the special declaration according to the template of the BCCI before an authorized officer of the office "Commercial registry" the Chamber; completed information card according to the template of the; evidence of amount paid for registration under the Tariff for the Prices of Services provided by BCCI .
Requirements for certification of authenticity and legalization of documents: Documents under item 2 and 3 after their issuance by the competent authority under the national law of the foreign entity should be certified for authenticity by: Ministry of Foreign Affairs of the issuing country and the Consulate Republic of Bulgaria in this country or Consulate of the issuing country in the Republic of Bulgaria, and then certified by the "Consular relations" of the Ministry of Foreign Affairs of the Republic of Bulgaria / where the documents are not certified in the issuing country / or other Consular Office, which represents the interests of the issuing country in Republic of Bulgaria / if it has no accredited office in the country / and then certified by the "Consular relations" of the Ministry of Foreign Affairs of Republic of Bulgaria. The documents under item 5 and 6, after certification by a notary in the foreign country must also be certified for authenticity in the above mentioned procedure. After certification of authenticity, the documents must be translated by an authorized Bulgarian translator and legalized by the "Consular relations" of the Ministry of Foreign Affairs of Republic of Bulgaria. If the documents are issued by a State Party to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents / Hague Convention / and its original form contains an "Apostil", they do not need further certifications but need only to be accompanied by a translation in Bulgarian.
More registrations Both Bulgarian and foreign entrepreneurs are obliged to register their economic activity carried out in any of the above legal forms: in the relevant department of the Registry Agency - for issuing of unique identification code (BULSTAT number); in the National Revenue Agency, if hiring employees on contract; the relevant department of the customs administration in the cases provided by law
Lifecycle of a company: exit through bancruptcy, transfer of business, etc.
It depends on the kind of the company and the Commercial Code provides the specifics for each kind.
BULGARIA TRADENET COMMERCIAL ATLAS
INVESTING IN BULGARIA
General consideration and framework
A Bulgarian Agency for Investments is established and working in Bulgaria as a state body. It assists the Minister of Economy in the implementation of the state policy in the field of investment promotion. The Agency performs the following functions: 1. provide s information and individualized administrative services to investors; 2. conducts marketing research and other surveys for the account of investors; 3. performs investment marketing, presenting and advertising abroad investment opportunities in Bulgaria; 4. prepares an annual report on investments in Bulgaria and on the conditions for investment promotion, and presents to the Council of Ministers care of the Minister of Economy. The Agency keeps and maintains a uniform information system for the purposes of statistics, pooling data on all foreign investments in Bulgaria and provides consolidated data on investments to the Minister of Economy, to other state bodies and interested parties.
Incentives
Support for Inward Investment and Imports Bulgaria is keen to attract foreign investment. For more information on the incentives available to foreign investors, see the website of the Invest Bulgaria Agency, the government agency responsible for foreign investment in the country. Bulgaria is part of the EU customs union. Decisions regarding quotas or customs suspensions to be applied to goods imported into Bulgaria are currently taken at the Community level. More information on EU trade policies can be found on the following website: www. ec.europa.eu/trade .
Competition policy
Common competition policy is one of the EU policies, which successfully complements and builds on the provisions of the Internal Market. Competition policy at the EU level has goals similar to those of national competition policies. It strives for creating conditions for dynamic development, boosting economic efficiency and promoting optimal allocation of resources and consumer protection.
Along with these main functions of competition policy of the European Community there are other important goals to strengthen the integration processes between Member States, establish uniform rules for the companies in the EC and create conditions for more adequate operation of the internal market.
Competition is the main mechanism of market economy, affecting demand and supply. Suppliers offer goods and services in the market aiming at meeting demands. Competition makes any individual supplier search for means of achieving a balance between quality and price with a view to meeting demand in the most effective way in order to realize purchases and sales.
The presence of effective competition requires a market composed of independent business operators, each of which is a subject to competitive pressure on the part of the rest. To preserve the possibility for the business subjects obeying the rules of fair competition to BULGARIA TRADENET COMMERCIAL ATLAS withstand and adapt as equal to this pressure, the Law on Protection of Competition prohibits: Restrictive agreements and concerted practicies; Abuse of dominant market position; Merger control; Control over the activities of public enterprises; Control over the allocation of state subsidies;
By its first Law on Protection of Competition of 1991 Bulgaria built its original legislation, but also created a Commission for Protection of Competition (CPC). The Commission for Protection of Competition is the body responsible for implementing and monitoring the policy of protection of competition. The Commission is fully independent and has broad powers to implement competition rules. The Commission investigates and examines many cases and takes respective decisions. One of the results of the Commission activity is increased public understanding of the role of the policy of competition protection. The Commission reorganized its internal structure in 2000 introducing new rules for organization and procedure and increased the number of specialists working in it. Preliminary state aid control is within the competence of the Commission - allowing or prohibiting aid projects after obligatory notice.
Human resources (work force)
After Bulgaria joined the European Union, citizens of Member States may exercise their right of free movement to work in Bulgaria without they need work permission. However, it is different the issue of regarding foreigners who are not nationals of EU Member State, of a state party to the Agreement on the European Economic Area or the Swiss Confederation. In these cases is valid the Regulation on terms and conditions for issue, refusal and revocation of work permits to foreigners in Bulgaria and it is necessary to obtain permission from the Employment Agency. The Regulation also sets out exceptions which do not require permits, such as for foreigners with long-term (not to be confused with "continuous") or permanent residence in Bulgaria, those who are employed or sent to work under an international agreement, as well as managers of companies or branch of a foreign legal person, etc. The procedure to request permission hiring foreigner under working contract is driven by the initiative of the employer who wants to appoint a foreigner. This is because after issuing the permission, the foreigner may work for this company only. The termination of the employment contract means automatic revocation of the work permit for the foreigner. Work permit has to be issued for the period for which the foreigner agreed an employment contract or was assigned for business trip, but no more than one year. When a foreigner abides as a family member of foreigner who has received permission for permanent residence, so work permits are issued for a period of permitted stay.
In the third quarter of 2011 unemployed were 343.0 thousand persons and the unemployment rate was 10.2%.
Average salary for Bulgaria 360 Euros, NSI (2011) Minimal salary by law 270 BGN = 138 Euros, since 01.09.2011 Total contributions paid by the employer, including health care, unemployment and social security contributions. Around 35% over the base salary
BULGARIA TRADENET COMMERCIAL ATLAS Land and buildings property rights
Before the accession of Bulgaria to the EU ownership of land could only be acquired by Bulgarian citizens and companies duly registered in Bulgaria. Bulgarian companies 100% owned by foreign entities or individuals were entitled to acquire land as Bulgarian entities. Foreigners and foreign entities had limited real property rights (right of construction, right of use) and could obtain ownership over buildings. In fulfilment of Bulgarias obligations under the EU Accession Agreement and the Protocol for the transitional measures, respective amendments were made to the Bulgarian Constitution.
Since 1st January 2007, foreigners and foreign entities are entitled to acquire ownership rights over land in the following cases: 1) under the terms and conditions related to the EU accession; 2) on the grounds of international agreements and treaties, duly ratified, promulgated and entered into force; and 3) in cases provided by the law of inheritance.
Bulgaria, however, is entitled to restrict the acquisition of land for second homes of EU citizens and EU entities for a 5-year period from the date of the accession; that is until 1st January 2012. This restriction is not applicable with respect to EU citizens with a duly issued resident permit. An EU citizen with a duly issued resident permit is entitled to freely acquire ownership over land.
Intellectual and industrial property rights The EU is committed to implement intellectual property rights and thus to fight against counterfeiting and piracy, which reach today alarming proportions and have a significant impact on innovations, growth, employment and health and safety of consumers. Depending on the legislation of the EU countries and the source of counterfeit goods, the following bodies may be responsible: customs, market surveillance (trading standards), and police and patent and trademark offices. The intellectual property rights are still largely protected mainly by the national but not by the European laws. Their protection in each Member State of the Union can be complicated and expensive; therefore it is advisable to achieve further harmonization. The patents are national rights granted by the national patent offices http://www.bpo.bg/ . There is no uniform patent that provides protection throughout the Union. The European patent application before the European Patent Organization (EPO) provides national protection in European countries which are members of the EPO and are selected by the applicant. The Patent Cooperation Treaty makes easier the application at international level. Registration of the trademark and design rights is possible at national or European level. At European level the rights shall be registered by the Office for Harmonization in the Internal Market based in Alicante (Spain). The intellectual property rights are governed by international conventions on the initiative of the World Trade Organization and the World Intellectual Property Organization. In Bulgaria, this matter is settled in the Act of Patents and Registration of Utility Models. This act regulates the relations arising in the creation, protection and use of patentable inventions and utility models. The provisions of this Act shall be applied to foreign citizens and legal persons of States participating in international agreements where one of the parties is Bulgaria. To foreign citizens and legal persons from other countries, this Act shall be applied under conditions of reciprocity, which is determined by the Patent Office. When bilateral agreement exists, it is applicable what is agreed upon. BULGARIA TRADENET COMMERCIAL ATLAS All Bulgarian citizens with permanent address in Bulgaria or all legal persons headquartered in the Republic of Bulgaria shall have the right to seek patents abroad. The Patent Office acts as receiving Office within the meaning of Art. 2, item XV of the Patent Cooperation Treaty. The Patent Office of Bulgaria determines the International Searching Authority and Preliminary Examining Authority. Each applicant and the Patent Office may require examination of a national application by International Searching Authority. The Patent Office of Bulgaria is the designated body under Art. 2, item XIII of the Treaty when the Republic of Bulgaria is a designated country in an international application. The Patent Office of Bulgaria is a national public authority for legal protection of the industrial property having its headquartering in Sofia. The European patent applications may be submitted to the Patent Office of Bulgaria or the European Patent Office in Munich or its branch in Hague in one of the languages according to art. 14 of the European Patent Convention hereinafter called "the Convention". The divisional applications shall be filed with the European Patent Office only. Applicants with permanent address in Bulgaria file European patent applications with the Patent Office, unless the application uses the priority of an earlier application filed with the Office. When the European patent application is published by the European Patent Office and the applicant provides a translation of patent claims in Bulgarian language in three copies with bibliographic data for application and pays the publication fee, than the Patent Office provides access to the translation and publishes a notice for the received translation in the Official Bulletin. The Patent Office shall enter the applications for European patents and European patents with effect in Bulgaria in a separate register, and any changes in their legal status shall be entered in the general procedure.
Public procurement The public procurement procedures applicable in Bulgaria are equivalent to the EU rules since the governing Law on Public Procurement (the LPP) effective as of October 1, 2004 implements on national level Directive 2004/17/EC and Directive 2004/18/EC. The LPP aims to ensure efficiency in spending of budget and extrabudget resources, as well as of resources associated with carrying out of relevant public activities specified in the law. The LPP has further introduced the principles of publicity and transparency, free and fair competition and equal treatment and non-discrimination. Depending of the subject matter of the public procurements the LLP determines the objects of the public procurements, namely (i) supply of goods performed by means of purchase, lease, rental with or without option for purchase or purchase by installments, as well as all preliminary operations necessary for use of the goods, such as installation, testing, etc.; (ii) service procurement, and (iii) construction, including design and construction of building sites, reconstruction, maintenance, restoration or rehabilitation of buildings or construction facilities, integrated engineering services, etc. In accordance with the LLP parties to public procurement award procedures shall be the contracting authorities, the candidates, the participants and the contractors. Contracting authorities under the LLP are (i) the state authorities, the President of the Republic of Bulgaria, the Bulgarian National Bank, and other state institutions; (ii) the diplomatic consular delegations of the Republic of Bulgaria abroad, as well as the permanent missions of the Republic of Bulgaria to the international organizations; (iii) the public law organizations; (iv) combinations formed by the parties referred to in item (i) or (iii); (v) public undertakings and any combinations thereof, where carrying out certain activities; (vi) merchants and other persons which are not public undertakings, where carrying out certain activities. A candidate or participant in a public procurement procedure may be any Bulgarian or foreign individual or legal entity, as well as any partnership thereof, whereas a public procurement contractor BULGARIA TRADENET COMMERCIAL ATLAS shall be a participant in a public procurement award procedure whereunder the contracting authority has concluded a public procurement contract. The different types of public procurement procedures regulated by the LPP include: (a) open procedure, (b) restricted procedure; (c) direct negotiation procedure, (d) competitive dialogue and (e) project tender. An open procedure is a procedure whereby all interested parties may submit an offer, where under the conditions of a restricted procedure only qualifying candidates invited by the contracting authority may submit an offer. These two procedures are used if the conditions for conducting competitive dialogue or negotiations procedure are not present, whereas the choice between the open and restricted procedure is a matter of discretion of the contracting authority. The negotiations procedures include: (i) a negotiations procedure with prior publication of a contract notice, whereby the contracting authority negotiates the terms of the contract with one or more qualifying candidates after conduct of a pre-selection procedure; and (ii) a negotiations procedure without prior publication of a contract notice, whereby the contracting authority negotiates the terms of the contract with one or more particular persons. Under the competitive dialogue procedure, which is used if the subject matter of the assignment is complex, any interested party may submit a declaration of intent; then further to a dialogue with qualified parties (i.e. complying with the initially announced requirements) the contracting authority nominates one or more of the candidates, who are invited to submit final offers. A project tender shall be a procedure whereby the contracting authority acquires a plan or design selected by an independent jury on the grounds of a tender conducted with or without award of prizes. Statistics and trends Most up-to-date economic data for the Republic of Bulgaria is gathered and presented by government agencies, like the National Statistical Institute, and various supernational organizations: National Statistical Institute (NSI); graphs are available at Stat.bg Ministry of Finance and National Employment Agency International Monetary Fund (IMF) and World Bank
Source Bulgarian National Bank http://www.bnb.bg/Statistics/StExternalSector/StDirectInvestments/StDIBulgaria/index.htm?toLang=_EN
Major projects in Bulgaria developed by companies from the Basin
The Maritime Administration Executive Agency started two partner projects for clean waters. Bulgaria shares the following strategic interests regarding environmental co- operation in the Black Sea Region, as concerns the rehabilitation and protection of the Black Sea and is working on their implementation with other BS countries: Enhancing co-operation in the area of flood prevention along the Danube and minimizing the risks of industrial pollution; Introducing the water management principles provided in the Water Framework Directive (WFD) of the EU; Obtaining a better understanding of Black Sea status and tendencies introducing a harmonised and effective Black Sea Monitoring System; Introducing and disseminating the basin approach with special emphasis on the transposition of relevant EU Directives on environment management practices in the coastal countries; Creating a better environment for implementation of various investment projects, including strategic partnerships with donors and international financial institutions, and ensuring appropriate use of various financial instruments.
Bulgaria has joined one of the Communitys major initiatives in support of intermodal transportation the Marco Polo II program. Project Title: Investigating the interest of operating Passenger Services Varna Odessa Istanbul. The aim is to create technical and organizational capabilities for operation of services between these ports, involving also the private sector by means of Public-Private Partnership or other forms of co-operation.
As regards development of relationships with Black Sea countries in the area of fisheries, fish resources and aquacultures in the Black Sea, Bulgaria is working on the following proposals: Project Title: Establishment of a Black Sea Regional Advisory Council (RAC) RAC's main role is to generate and provide advice on fishery management in the Black Sea to ensure sustainable development of this sector in the region, sustainable development of fish stocks through an integrated approach based on protection of the Black Sea and on the principle of preemption, ensuring better transparency of scientific advice through encouraging dialogue between research institutions and fishermen. Stakeholders' early involvement in the RAC decision- BULGARIA TRADENET COMMERCIAL ATLAS making process is another priority for CFP formulation and is crucial for its successful implementation. The joint formulation of fishery policies in the Black Sea will also be largely beneficial to co-operation between the individual countries in exercising control on illicit fishing in the region.
Project Title: Introduction of Common Provisions on the Use of Sparing Fishing Devices as well as Sanitary Norms for Aquaculture and Transportation of Fish Products. The project will contribute to harmonised implementation of the key aspects embodied in the consolidated Community legislation dealing with hygienic requirements related to fish products.
Project Title: Developing a Market Information Sharing System A Market Information Sharing System would be an efficient tool for promoting fish trade in the Black Sea Region. Projects for delivery of training events and seminars to third countries in the Black Sea Region, concerning the work of fishing inspectors, inspection of fish put on the wholesale market, sanitary/hygienic requirements and product storage requirements.
BULGARIA TRADENET COMMERCIAL ATLAS
BULGARIA TRADENET COMMERCIAL ATLAS
IMPORT AND EXPORT ACTIVITIES
Movement of goods and services, regulatory frame
Free movement of goods is an essential prerequisite for the existence of the European Union internal market. The principle of free movement of goods requires a common regulatory framework guaranteeing free movement of products from one part of the Union to another in the same way that it operates within the individual countries. That means that the basic technical standards, product certification and metrological definitions should be governed by rules established at European level. Movement of goods in international trade is hindered by physical, technical and fiscal barriers. Physical barriers are all activities that occur on border-crossing points. Fiscal barriers are related to duties, fares and indirect taxes - value added tax and excise duties. Technical barriers are associated with all requirements for the products and all regulatory conditions that must be met to allow them to cross international boundaries - technical and other standards, import and export quotas, licensing, registration of transactions and related to these requirements documents. Provisions on free movement of goods apply equally to industrial and agricultural products produced by Member States as well as to the goods imported from third countries within the Community. Free movement of goods is one of the illustrative examples of the European project success. It has helped to build the internal market European citizens and businesses are benefiting from now and is considered to be in the core of EU policies. Today's internal market enables the ease of purchase and sale of products in 27 Member States with a total population of over 490 million people. It provides customers with a wide choice of products and gives them an opportunity to seek the best available offer. At the same time, free movement of goods is beneficial for the business. About 75% of Intra-EU trade is in goods. The Single European market established over the past decades helps the companies in the EU to found a stable platform in an open, diverse, and competitive environment. This internal force promotes growth and job creation in the European Union and gives EU companies resources they need to succeed in other markets around the world. Thus, properly functioning internal market for goods is a necessary prerequisite for current and future prosperity of the EU under the conditions of a globalized economy. Tariff and non-tariff barriers
What non-tariff barriers are - Restrictive protective methods of international trade policy of preventing the import or the export of goods except those liable to duty taxation. Such are for example: Contingent restrictions conducted through license policy (see License), administrative and tehnichal impediments and complications, currency-financial limitations, non-tariff governmental and local taxes and other charges.
Standards of products and services to be introduced on the market The Bulgarian Institute for Standardization (BDS) is the national body in charge of the management of standardization activities in Bulgaria. According to the new Law on National Standardization (SG No 88/2005-11-04 to be enforced on 2006-05-05), BDS becomes a non profit non governmental association, operating in public interest. BULGARIA TRADENET COMMERCIAL ATLAS BDS major functions are: responsibility for development of Bulgarian standards at national level and their acceptance, approval, publication and distribution participation in the development of and voting on standards at European and international levels, their implementation as Bulgarian standards, their publication and distribution. BDS represents Bulgaria in international and regional standardization organizations. BDS promotes voluntary standardization in the Republic of Bulgaria towards assistance provision for further development and progress of the national economy, ensuring that products meet the essential health and safety requirements, supporting consumer protection activities and facilitating domestic and international trade. Taxation clearing, VAT
Value Added Tax was introduced in Bulgaria in 1994 with a rate of 18 percent. In 1996 the rate was changed up to 22 percent. After three years in 1999 the tax was changed again to 20 percent. Regulations governing VAT are the Law on Value Added Tax and Provisions for Implementing the Law on Value Added Tax. Liable to taxation is any supply of good or service for consideration: It has been carried out by a person liable to VAT taxation under the Law on Value Added Tax; Within the scope of their independent economic activity; Location of realization in the country territory; It is not specifically identified as an exempt supply; Taxable supply is also a supply taxable at zero rate conducted by a taxable person; The introduction of goods into the territory of Bulgaria is considered a taxable transaction, except for special exemptions.
Activities and supplies, out of the scope of the Law on Value Added Tax: Supplies realized between physical persons out of their independent economic activity; Activities carried out by physical persons in employment relationship; Supplies for no consideration; All activities and supplies of state and local authorities when performed in that capacity.
Supplies for no consideration treated as supplies for consideration: Product or service is supplied for personal use of a taxable physical person, the owner, his employees or third persons in cases of using goods for which at the stage of their production, importation or acquisition a tax credit has been deducted (fully or partially); The ownership or other property right over the goods is transferred for no consideration to third persons, provided that at the stage of its production, importation or acquisition a tax credit has been deducted (fully or partially); Supply of a free service for personal use of the taxable physical person, the owner, his employees or third persons. Types of Intra-Community supplies: ICS of goods other than new means of transport and excisable goods; ICS of new means of transport; ICS of excisable goods; ICS of goods transported by a registered person for the purpose of its activities in another Member State; ICS are zero rated with the exception of exempt Intra-Community supplies. Intra-Community acquisitions (ICA).
BULGARIA TRADENET COMMERCIAL ATLAS Intra-Community acquisition in general can be compared to the former regime "import" from Member States of the European Union. It is a mirror-image of the Intra-Community supply and regulates its tax treatment in the recipient country or the country of destination of goods. Intra-Community acquisition is the acquisition of ownership over the goods as well as the actual receipt of goods dispatched or transported to the territory of another Member State where the supplier is a VAT registered taxable person in another Member State.
ICA types: ICA of goods other than new means of transport and excisable goods; ICA of new means of transport; ICA of excisable goods; ICA of goods transported from the territory of another Member State to the territory of the country for the purpose of a VAT registered persons economic activity. VIES is an information system for exchanging information on VAT (VAT Information Exchange System) between Member States, which processes and stores the data from VIES declarations of VAT-registered persons carrying out transactions within the EU. The system gives traders an opportunity to examine the VAT registration of their partners quickly and accurately accessible to the public through the Internet at address http://www.ec.europa.eu/taxation_customs/vies/. It enables revenue administrations of Member States to monitor and control the flow of Intra-Community trade thus preventing irregularities and frauds. The tax administration of each Member State maintains an electronic database containing information about VAT registered traders. In addition, each Member State regularly collects and processes through VIES declarations detailed information on all Intra-Community supplies and acquisitions realized by local traders. Incoming information is summarized, analyzed and exchanged between the revenue / tax administrations of Member States through a common communication environment of high security.
By means of the VIES the data about declared by local traders Intra-Community transactions is compared with the information given by other Member States. Upon finding differences the revenue authorities take control actions to establish the actual liability of the traders and the reasons for the discrepancies.
Payment terms
Terms and conditions of payment are agreed in the contracts signed. They should not contradict basic financial laws. Payment deadlines are the maturities of contracts. They must be explicitly specified in the contract. Common practice is the first payment under the contract to be paid upon its conclusion. In case of an instalment plan payment terms are determined at regular intervals depending on the chosen frequency. Way of payment is also agreed in the contract. All companies allow payment to be made in cash or by bank transfer.
Origin rule
The origin is the "economic" nationality of goods in international trade. There are two types of origin non-preferential and preferential. Non-preferential origin gives the goods "economic" nationality and is used in various measures of trade policy (such as anti-dumping measures, quantitative restrictions) or tariff quotas, for statistical purposes as well as in connection with public tenders, the marking of origin and refunds at export under the Common Agricultural Policy of the EU. Preferential origin confers on goods traded between particular countries benefits in terms of import at reduced or zero rates of duty. An important element in determining the origin of goods is their tariff classification, as in most cases the specific for particular goods rules of origin are formulated for specific items or chapters of the tariff. BULGARIA TRADENET COMMERCIAL ATLAS Operators who are unsure of the origin of goods or just want to have legal certainty in its determination may submit a request for a Binding Origin Information (BOI). BOI is the customs authoritiess resolution, which is binding on the customs authorities in all Member States of the EU in respect of goods exported or imported after the resolution issuance, provided that the goods and the circumstances determining the acquisition of origin, are identical in every respect to those described in the BOI. Usually, it is valid for three years from the date of issue.
Non-preferential origin Certificate of origin issued by Chambers of Commerce or a specific certificate of another type under other specific regulations.
Legal framework for non-preferential origin The legal framework for non-preferential rules of origin is Art. 22 to 26 of the Customs Code (CC) - Council Regulation No. 2913/92, Articles 35-65 and Annexes 9 to 11 of the Implementing Provisions of the Customs Code (IPC) Commission Regulation No. 2454/93. Article 23 (2) CC contains the definition of "goods wholly obtained in a country." Article 24 CC determines the origin of goods in whose production more than one country are involved. Article 25 CC contains a provision intended to prevent circumvention of origin. This provision applies in cases when the sole purpose of working or processing the product is to circumvent the provisions applicable to such goods in certain countries. Article 26 CC provides that customs or other specific legislation may require proof of the origin. Articles 35-40 IPC lay down specific provisions for the implementation of the rule of last substantial transformation of textiles and a limited number of other products. Articles 41-46 IPC contain specific provisions regarding the origin of the accessories, spare parts and tools that form part of the standard equipment of machines, apparatuses or vehicles. Articles 47-54 IPC include provisions relating to the conditions to be fulfilled by the certificates of origin. Articles 55-65 IPC contain specific provisions relating to certificates of origin for agricultural products which are subject to special import arrangements and arrangements for administrative cooperation in respect of those certificates.
Preferential origin Preferential origin is conferred on goods from specific countries that have met certain criteria. To obtain preferential origin these criteria usually require that the goods are wholly obtained or have undergone sufficient working or processing. Preferential origin confers tariff benefits (import at reduced or zero rates of duty) on goods traded between the countries agreed, or when one of the countries on an autonomous ground commits them unilaterally. In order to be given a preferential origin the product must meet the conditions laid down in the Origin Protocols to the Agreement between the respective countries or in the Rules of Origin under the autonomous regulations. In fact, that means that the product must be either (1) produced from raw materials or components grown or produced in the beneficiary country, or if not so, (2) have undergone at least some degree of processing or working in the beneficiary country. Such products are considered as originating products. The purpose of preferential origin is to determine whether the goods have met the criteria to be considered as goods of the respective preferential origin. If the criteria are not fulfilled the intended product preference cannot be used and it is not required to determine the country of origin. In all cases there is a list of working or processing activities that any product produced from non-originating materials must undergo in order to obtain the status of originating product. These rules are often called "rules list". They determine the smallest amount of working or processing required to be performed on non-originating materials in order the received by them product to acquire origin. Further working or processing is allowed and does not affect BULGARIA TRADENET COMMERCIAL ATLAS the acquired origin, while performing less processing prevents the product from acquiring origin. The structure of the list of working or processing is based on the structure of the Harmonized System. Therefore, before determining what kind of working or processing a specific product must undergo it is necessary to know the product classification in the Harmonized System.
Each specific preferential agreement has own separate regulations.
BULGARIA TRADENET COMMERCIAL ATLAS
BULGARIA TRADENET COMMERCIAL ATLAS
SOURCES OF FINANCING BUSINESS ACTIVITIES
General considerations, types of sources (grants, subsides, loans)
Access to finance is vital in order to start or expand a business, and the EU provides finance for small firms in different forms - grants, loans, and in some cases, guarantees. In addition, the EU funds specific projects. EU funding can be divided into two categories: direct funding through grants; indirect funding through national and local intermediaries www.eufunds.bg
Bulgarian business has a great chance to absorb a significant amount of funding for European projects envisaged for Bulgaria in the period 2007 - 2013, he was a direct beneficiary of EU funds under several programs:
Operational Program Competitiveness - enabling individuals to make investments in modernization and technological renewal and innovation.
Operational Program Human Resources, enabling to promote the creation of new jobs, increasing productivity and adaptability of employees, improving the quality of education and training and others.
Program for rural development, supporting small and medium enterprises operating in rural communities across the country
EU Funding Programmes 2007 2013 are as follows, but companies cannot be direct beneficiaries in most of them
European Social Fund Programme The European Social Fund Programme will contribute to reducing the productivity gap in Northern Ireland by helping to reduce the level of economic inactivity and increasing workforce skills. Northern Ireland is to receive 165.7 million from the Fund from 2007- 2013. The Managing Authority for the Programme is the Department for Employment and Learning (DEL). Further information is available at www.delni.gov.uk.
European Fisheries Fund The European Fisheries Fund (EFF) will provide support for the fisheries sector, including adaptation of the fleet, processing and marketing of fishery products and the development of sustainable fisheries. The EFF will run for seven years, with a total budget of around 3.8 billion. For more information on the application of the fund in Northern Ireland, go to http://www.dardni.gov.uk/index/grants-and-funding.htm
Seventh Framework Research Programme The Seventh Framework Programme for Research and Technological Development is the EU's main instrument for funding research in Europe and is designed to respond to Europe's employment needs, competitiveness and quality of life. Further information is available at http://ec.europa.eu/research/fp7/index_en.cfm
Competitiveness and Innovation Framework Programme The Competitiveness and Innovation Framework Programme (CIP) aims to encourage the competitiveness of European enterprises. With small and medium-sized enterprises as its main target, the programme will support innovation activities, provide better access to finance and deliver business support services in the regions. It will encourage a better take- up and use of information and communications technologies and help to develop the information society. It will also promote the increased use of renewable energies and energy efficiency. Further information is available at http://ec.europa.eu/cip/index_en.htm
PROGRESS Programme BULGARIA TRADENET COMMERCIAL ATLAS The new PROGRESS programme for employment and social solidarity will focus on employment, social protection and social inclusion, working conditions, anti-discrimination and diversity and gender equality. Further information is available at http://ec.europa.eu/employment_social/progress/index_en.html.
Lifelong Learning Programme The new Lifelong Learning Programme offers funding for organisations involved in education and training and provides opportunities to get involved in European links. It includes the Comenius programme for schools, Erasmus for higher education, Leonardo da Vinci for vocational education and training and Grundtvig for adult education. Further information is available at http://eacea.ec.europa.eu/llp/index_en.htm or www.lifelonglearningprogramme.org.uk .
Youth in Action Youth in Action is the new EU programme in the field of youth and is a key instrument in providing young people with opportunities for non-formal and informal learning with a European dimension. Further information is available at http://eacea.ec.europa.eu/youth/index_en.htm
LIFE + (Environment) With a budget of over 2.1 billion, LIFE + will provide support for the implementation of EU environmental policy and legislation in respect of nature, biodiversity and other environmental issues. Further information is available at http://ec.europa.eu/environment/life/funding/lifeplus.htm.
Culture Programme The Culture Programme aims to encourage the development of cultural cooperation and intercultural dialogue across Europe. Further information is available at http://ec.europa.eu/culture/index_en.htm
Europe for Citizens The Europe for Citizens programme supports a wide range of activities and organisations promoting active European citizenship, including town-twinning. Further information is available at http://eacea.ec.europa.eu/citizenship/index_en.htm.
MEDIA 2007 MEDIA 2007 supports the European audiovisual sector and focuses on preproduction and post-production activities, including distribution and promotion. Further information is available at http://ec.europa.eu/information_society/media/overview/2007/index_en.htm.
EU Health Programme The Health Programme 2008-2013 is intended to complement, support and add value to the policies of the Member States and contribute to increased solidarity and prosperity in the European Union by protecting and promoting human health and safety and by improving public health. The overall budget is 321 million. Further information is available at: http://ec.europa.eu/health/ph_programme/pgm2008_2013_en.htm
Bank loans and credits
Every company at some stage of their development experiences need to attract additional external funding. Even in the presence of sufficient own financial resources, the use of borrowed funds can contribute in several ways to establish the market status of the company. Firstly, the fact that a project or activity carried out by the company received a positive evaluation of conservative institutions such as banks, help increase the confidence of partners, investors and customers as to the project or activity and the company as a whole. Secondly - the cost of funds, especially long-term investment loans is relatively low. This can help the management team to redirect some of their own resources or the use borrowed BULGARIA TRADENET COMMERCIAL ATLAS funds to improve existing operations or develop additional ones: developing new products, improving quality of existing, cost reduction, expanding its portfolio of services offered by the company.
Corporate loans are different: for working capital, investment objectives, specialized products for the purchase of machinery, equipment and others. The aims of the banks through a variety of products are to meet the variety of needs for financing of companies from various industries and spheres of activity. Furthermore, serious diversification of the loan products, there is an opportunity for direct negotiation of the conditions between the company and the banking institution. This differs significantly from the corporate credit lending to individuals and makes the choice of product according to the fullest extent of the needs of the company extremely complex. But it also gives rise to a risk of inconsistency between the parameters of loans, such as size, duration and manner of service reflected in the cash outflows for the company and the growth of inflows, which is provided due to the utilization of foreign funds. This discrepancy can lead to serious liquidity problems in the company's risk of non-investment provided in full breach of contractual relationships with contractors and others. Consequently, there is a need for external professional analysis of opportunities to attract bank financing and proper choice of loan product, corresponding to the fullest extent of the needs of the company.
Loans for start-ups are offered by limited number of banks, and mostly in the government project "Guarantee Fund for Microcredits". This project provides access to credit for small and medium enterprises, unemployed individuals, artisans, cooperatives and farmers who cannot currently meet the requirements of banks. Borrowers must be part of certain social groups. The fund provides financial guarantee bank lending, which facilitates its release. The borrower also must provide collateral, as his business plan must meet the specific requirements of the fund. Interest rates on loans are between 6 and 8%, and size - up to 50 000 BGN
Microcredit is a suitable option for small and medium businesses and people in the liberal professions. Microloans are up to BGN 100 000 as collateral for them most often considered endorsement of the solvent to 3 persons. Interest rates fluctuate between 10 and 14%. Depending on the type of credit - investment, working capital or non-target small and medium size companies can use a different term financing, interest and required security parameters. Working capital loans are usually granted for a shorter period (usually up to 8 years) and the annual interest rate ranging between 7 and 12%. Loans for investment purposes are long, reaching 20-year period, while interest rates are between 6 and 10% yoy. For loans with non-purpose bank does not control spending. With this type of financing terms can also be longer, and interest rates fluctuate in the range 6.5 to 14%.
Loans to corporate clients are characterized by the highest level of opportunity to negotiate a wide range of parameters. Understandably, banks offer conditions which are far better than the conditions prevailing in the small and medium enterprises.
Traditional bank financing is the practice to require customers to transfer most of their payments through it, which is usually guaranteed by a clause to increase the rate initially agreed upon failure.
In securing the loan by a mortgage on real estate liquidity, companies can achieve the interest rate on your credit around the minimum for the type of loan. In guaranteeing the loan of equipment, goods or other collateral, banks usually add significant interest rate risk premium to its base interest rates. Servicing of corporate loans is often seriously aggravated and various types of fees, commissions and statutory requirements of banks, which implies a serious analysis of the tenders received by the financial institution.
BULGARIA TRADENET COMMERCIAL ATLAS
BULGARIA TRADENET COMMERCIAL ATLAS
ENTREPRENEURIAL CULTURE
General considerations
Meeting & Greeting Bulgaria on the face of it is still a formal society. This reflects in the rather proper and reserved nature of initial meetings. Within the business context a firm handshake, direct eye contact and the appropriate greeting for the time of day suffices. The hierarchical nature of Bulgarians results in an emphasis on rank and position. As a result if people have official, educational or work titles ensure you use them. If you are unsure then simply use "Gospodin" (Mr)/ "Gospozha" (Mrs) followed by the surname. Only friends and family address each other with first names. It is good etiquette to wait for their Bulgarian counterparts to determine when it is appropriate to become this informal. The normal custom is for business cards to be exchanged on initial meetings but there is little protocol to follow. As a basic courtesy do not write on the card or treat it nonchalantly. If your company/firm has been established a long time (25-50 years) it is a good idea to include the founding date on the card as this gives credibility. Also add any academic qualifications to the card. Translating cards into Bulgarian may not always be a necessity but it would certainly impress recipients.
Communication Until a relationship warms up the communication will be reserved and cool. However, once the other person as an individual rather than a foreigner, they will slowly become less formal and more relaxed. Bulgarians generally have an indirect communication style when dealing with people whom they do not know well. They will offer roundabout explanations rather than offer a negative response; they prefer a non-confrontational way of doing business. Business decisions are often heavily influenced by personal sentiments. It is therefore a good idea to invest time in relationship building. This helps overcome the initial communication barrier as well as increase chances of business success. Many Bulgarians believe that speaking forcefully indicates that the person is overcompensating for the fact that they have nothing important to say. Anyone with a booming voice may want to consider paying attention to their tone.
Business Meetings Meetings are formal and do follow certain etiquette and customs. The normal protocol is for the most senior Bulgarian to open the meeting with an introduction or statement and to then chair the proceedings. Although a hierarchical culture where important decisions are made at the top of the company, Bulgarians seek to have a consensus of all stakeholders before reaching a final decision. Therefore, meetings can be extremely protracted since everyone must have the opportunity to present their case. Any presentations should be factual and backed with statistics. If possible try to present information visually. Bulgarians do not appreciate too much "talk" so avoid over zealous statements. Bulgarians are not deadline oriented. They prefer to ensure they have comprehensively covered a topic before bringing proceedings to a close. Be patient and do not rush meetings - successful ventures in Bulgaria will never happen overnight.
BULGARIA TRADENET COMMERCIAL ATLAS Enhancing the competence through innovation, especially technological innovation and new business schemes
Public policy on R&D and innovation in Bulgaria is designed and implemented by different institutions. The Ministry of Education, Youth and Science and the Ministry of Economy, Energy and Tourism lead major reforms and programs. At the same time, the Council of Ministers serves as a forum for coordination between ministries, and where R&D and innovation initiatives can be debated and agreed before submission to Parliament. As in many countries, this fragmentation of responsibilities has made it difficult to develop an integrated national STI strategy, and it has resulted in problems such as running programs with overlapping objectives, limited coherence and lack of rationalization of resources. Improving the articulation of the institutional framework would help Bulgaria to fully exploit the opportunities provided by EU funds that support competitiveness and human resource development. The Ministry of Economy, Energy and Tourism and the Ministry of Education, Youth and Science are the government bodies that play the dominant roles in developing Bulgarias national research, innovation, and technology strategy and policy.
Several other entities are involved but with a more narrow scope. The Ministry of Economy, Energy and Tourism (MoEET) is responsible for the formulation of innovation policy and strategy in the business sector. The National Council for Innovation is a consultative body to the MoEET and includes representatives from the business sector, academia, the scientific community, and nongovernmental organizations.
The Bulgarian SME Promotion Agency (BSMEPA), which reports to the MoEET, prepared and now implements the measures of the National Innovation Strategy, including the administration of the National Innovation Fund established in 2005.
The Ministry of Education, Youth and Science (MEYS) is responsible for national research policy. The National Council for Scientific Research is the coordinating body for research policy and is comprised of representatives from ministries and scientific organizations. The National Council for Scientific Research participates in the preparation of and approves the National Strategy for Research and Development, and defines funding priorities for the National Science Fund, established by the MEYS in 1990. A number of other ministries also play a role in innovation policy. The increase in the competitiveness of the Bulgarian industry and the improvement of the capacity to cope with the competition in the EU market are only possible through creation, introduction and dissemination of innovations, in order to ensure a competitive edge in the international market and satisfy in advance the new demands of domestic and international consumers. In 2004 THE NATIONAL INNOVATION STRATEGY OF BULGARIA and the measures for its implementation was adopted by the Council of Ministers. The Bulgarian innovation strategy is aiming at increasing the competitiveness of Bulgarian industry, through the introduction of new knowledge-based products, materials technologies for producing, management and services. The Strategy is directed towards: development of competitive knowledge-based industry through new mechanisms for promotion of applied research, high technologies and innovations; Encouraging the inside and outside integration between the research bodies and their co-operation with the business; BULGARIA TRADENET COMMERCIAL ATLAS Development of new mechanisms for promotion of applied research and their introduction in industry and for the attraction of private investments to finance market-oriented applied research products. According to the strategy the financial instrument for its implementation will be a National Innovation Fund. The strategic goals of the Fund are to increase the competitiveness of the Bulgarian economy through the encouragement of market-oriented applied research for the needs of industry as well to create the necessary background for public investments in innovations according to the Innovation Strategy of Bulgaria. The operational goals of the fund are: To subsidize part of the costs for market-oriented applied research, R&D projects intended to be implemented in the industry. Fulfill the measurements stated in the Innovation strategy To make use of the opportunities which are provided in the Bulgarian Law on State Aid to support the innovative companies
Life long learning
Center for Human Resource Development is the National Agency, which operates in Bulgaria Europe's largest program for education and training - "Lifelong Learning".
The program consists of four sectoral programs aimed at different areas of education and training: - "Comenius" - schooling - "Erasmus" - Higher Education - "Leonardo da Vinci" - Vocational Education and Training - "Grundtvig" - Adult Education
Part of the program Lifelong Learning are also supporting actions eTwinning, Europass, Euroguidance, study visits, whose work in Bulgaria Center also manages. The address is : Sofia 1000; 15 Graf Ignatiev St., floor 3 tel. +359 2 915 50 10; fax +359 2 915 59 49 hrdc@hrdc.bg www.hrdc.bg
Corporate responsibility In the recent years, the interest towards Corporate Social Responsibility issues in Bulgaria increased considerably. As a part of the so-called New Europe, the state and the Bulgarian business in particular, began to pay more attention on how companies manage their impact on the environment and how they contribute to the society as a whole. Gradually, the Bulgarian business has become more conscious on the importance of implementing CSR's principles and policies, which have a direct impact not only on business competitiveness, but also on social cohesion, transparency and trust among the stakeholders - employees, suppliers, clients, partners, state institutions, and non-governmental organizations (NGOs). During the past years, the Bulgarian companies started to realize the necessity of conducting a socially responsible business policy and behaving in conformity with a Code of Business Conduct or Code of Ethics. Sponsorship by businesses has deep roots in the economic history of Bulgaria. This practice reemerged after the changes of the political system. The community patronage/ sponsorship programs and the employee benefits policies evolved from not so coordinated activities to more precisely directed corporate policy. Thus, the modern conception for charity and social affairs has founded a response in more and more BULGARIA TRADENET COMMERCIAL ATLAS Bulgarian leading companies. The business is seeking options to manifest its commitment towards the employers, concrete society's problems/concerns and the environment. Many big Bulgarian companies are declaring to be engaged in charity and social activities as a part of their business conduct and corporate policy. According to Bulgarian legislation registered companies should prepare their documents following the transparency directives set by the Financial Supervision Commission. The Commission implements its policy mainly on the basis of the Law on Public Offering of Securities. The primary function of the institution is to assist - through legal, administrative and informational means - the maintenance of stability and transparency of the investment, insurance and social insurance markets.
BULGARIA TRADENET COMMERCIAL ATLAS
LOCAL RESOURCES FOR CROSS BORDER BUSINESS COOPERATION
Main economic sectors of cross border interest
In the Communication from the Commission to the Council and the European Parliament from 11.04.2007 for the Black sea synergy - a new regional cooperation initiative, the main economic sectors of interest for the EU are stated. They are as follows: energy supply; - transport; environment; maritime; fisheries; trade; R&D
At the outset, Black Sea Synergy would focus on those issues and cooperation sectors which reflect common priorities and where EU presence and support is already significant. Consequently, this Communication formulates a number of short- and medium-term tasks related to these areas.
Local products and services of cross border
Real Estate Sector Property in Bulgaria, by Western European standards is very inexpensive. Bulgaria has so much to offer it is not surprising it is quickly getting more popular as an alternative country for property investment from the traditional European destinations. Some shrewd investors who bought in Bulgaria two years ago have seen the value of their property increase dramatically. The market of Black Sea coastal real estate in Bulgaria has grown significantly. Seafront real estate was on average 30% more expensive than water view locations. Bulgaria is still a popular holiday destination for lower income tourists, which is the main reason for higher demand for smaller and cheaper real estate. Local market of residential properties in big cities along Black Sea coast has grown notably. During the last year demand was higher than supply, due on one hand to the increased supply of mortgage loans and on the other to consistent migration of workforce from inside the country to sea resorts and big coastal urban centers like Varna and Bourgas where more jobs are available.
Tourism
Tourism is one of the fastest growing sector in the Bulgarian economy and one of the key sectors in Bulgaria due to the excellent geographical location, remarkably rich nature, diverse relief and moderate continental climate. In the last years Bulgarian tourism has been advancing progressively. According to statistical data, the number of foreign tourists increase every year Tourism (international and domestic) has traditionally been our no. 1 export sector. BULGARIA TRADENET COMMERCIAL ATLAS
Summer Tourism in Bulgaria The Black Sea Coast offers attractive seaside resorts. The sunshine record is exceptional with an yearly average of nearly 300 days of sunshine. Tourists enjoy various opportunities for climate-treatment and balneo-treatment, yachting, surfing, water skiing, diving, underwater fishing, other aquatic sports and diverse entertainment opportunities. There are special itineraries combining see tourism with active tourism and providing opportunities for hiking, cycling, riding, photo-tourism, and eco- tourism, as well as visits to natural, archaeological and cultural places of interest. http://www.investbulgaria.com/BulgarianBlackSeaResorts.php
Balneology Tourism in Bulgaria Bulgaria has more than 600 hot, warm and cold mineral springs of varied physical and chemical contents, mineralization, curative gases, biologically active trace elements, temperature and curative properties that create excellent conditions for development of balneology tourism. A number of hotels with state-of-the-art equipment and skilled staff offer talasso-therapy, pearl baths, underwater massage, phyto-therapy, curative mud, inhalations, manual therapy, paraffin treatment, acupuncture, helio-prophylaxis, ozone and oxygen therapy, slimming procedures, and balneo-cosmetics
Cultural Tourism in Bulgaria Bulgaria has over 30,000 historical monuments from different historical epochs, 36 culture reserves, 330 museums and galleries that form an impressive base for the development of cultural tourism.
Ecological Tourism in Bulgaria A network of three national and nine nature parks, a number of reserves and natural places represent a significant potential for the development of ecological tourism. Ecological routes are special itineraries across exceptionally beautiful landscapes, including a system of facilities for reaching the most inaccessible beauty spots: gorges, steep rocks, and waterfalls.
Hunting tourism The hunting tourism in Bulgaria relies on a large variety of game: red deer, fallow deer, roe deer, wild goat, bear, boar, grouse, hare, partridge, pheasant and many others. Bulgaria ranks second in the world in terms of the quality of shot trophies.
Sites Under UNESCO Protection in Bulgaria For several decades now, under UNESCO aegis, attempts have been made to preserve the planet's most valuable cultural and natural heritage. The UNESCO List of World Heritage now features over 300 landmarks. Nine Bulgarian wonders - seven cultural and two natural sites - are included among them.
BULGARIA TRADENET COMMERCIAL ATLAS
Energy The Bulgarian energy sector is undergoing a major overhaul. Improvement of Energy efficiency Construction of new facilities EU directives for at least 20% renewable energy by the year 2020 Environment improvements
Nuclear energy in Bulgaria Bulgaria is constructing a second nuclear power plant in Belene, expected to be completed around 2012.
Hydro energy in Bulgaria Bulgaria is actively working on the development of its hydrological sources in an effort to limit the dependence on foreign fuel imports. Around 63 small and micro Hydro Power Plants were located on the National Energy Companys (NEK) property, most of which have been privatized.
Wind energy in Bulgaria The European Union has set a directive requiring its members to to produce at least 20% of their electricity by environmentally clean and renewable sources. Certain areas of Bulgaria have favorable wind conditions and investment in wind power generators are showing good returns.
Solar energy in Bulgaria A sizeable portion of Bulgarias land area receives medium levels of solar radiation.
Biomass in Bulgaria There is good potential for utilizing biomass as an energy source in Bulgaria. While information regarding the use and potential of biomass has been limited, there have been recent developments through pilot projects and preliminary evaluations that begin to highlight Bulgarias full potential. Results have appeared promising, although a lack of project funding has hindered the forward progress of this resource.
Geothermal Energy in Bulgaria Bulgaria has a sizable reserve of geothermal energy and is rich in low enthalpy geothermal waters. The country has been utilizing approximately 30 percent of its total potential, or about 107.2 MWt producing some 1.637 TJ of energy per year, for use in space heating, greenhouses, drinking water, and for balneology purposes (Geothrmie, 2000). At the present there are no geothermal reserve sites that generate power.
BULGARIA TRADENET COMMERCIAL ATLAS
Agriculture Bulgaria enjoys excellent natural conditions for developing the agriculture and forestry sector. Cultivated agricultural land occupies about 4.9 million hectares or 44% of the total territory of the country. The favourable climate for crop production and the availability of agricultural land and long traditions have resulted in well-developed plant growing and animal breeding. Other advantages are the low labour costs and the high-schools and colleges offering training in modern farming and animal breeding. Foreigners cannot own land, but the Foreign Investment Law removed restrictions on the acquisition of land by locally registered companies with foreign participation. Among the main crops produced are tomatoes, pepper, tobacco, grapes, wheat, maize, beans, potato, sunflower, peaches, apricots, apples, melons, and nuts. There are traditions in the sheep, pig and cattle breeding, poultry farming, and bee-keeping.
Traditionally, Bulgaria has had a leading position in exports of grapes, oriental tobacco, tomatoes, apricots and other agricultural products to European markets.
Good opportunities in the sector exist for the creation of total production chains through a combination of selected companies in clusters covering primary sector, processing, sales and distribution. An important advantage of the sector is the presence of well-established food research and development institutions.
GREECE TRADENET COMMERCIAL ATLAS
GREECE
GREECE TRADENET COMMERCIAL ATLAS
GREECE TRADENET COMMERCIAL ATLAS
COUNTRY PROFILE
General information
Official name The Hellenic Republic (Greece, Hellas)
Flag and coat of arms
The Hellenic Republic (Greece, Hellas) has a total area of 131,990 sq. km. Based on the temporary results of the population census carried out by the Hellenic Statistical Authority in 2011, the countrys permanent population is 10,787,690. The countrys population is concentrated in the Region of Attiki (35.34% of the resident population) that includes the major cities of Athens (greater area) and Piraeus and the Region of Kentriki Makedonia (17.38%) which includes the city of Thessaloniki.
Athens is the capital city while other major cities are Thessaloniki, Patra, Iraklio, Volos. The time zone is GMT +2 for the entire country, the official language is Greek and the currency is the Euro. English is widely spoken as a commercial language.
The countrys climate is temperate and the terrain is mostly mountainous with ranges extending into the sea as peninsulas or chains of islands. In terms of natural resources, lignite, iron ore, bauxite, lead, zinc, nickel, magnetite, marble and salt are the main sources of wealth. The metric system is used for measuring weights and distances.
The country has geographic significance because of its strategic location in the Aegean Sea, serving as a gateway to the European Unions Single Market for the Middle East and North Africa. It is a peninsular country possessing an archipelago of approximately 3,000 islands. Its coastline extends to more than 16,000 kilometers. Greece has land borders with Albania (282 km), FYROM (246 km), Bulgaria (494 km) and Turkey (206 km). The geographic coordinates of the country are 39 00 N, 22 00 E.
There are National Holidays including Independence Day (25 March) and the Military Holiday of 28 October while other Public Holidays are New Year's Day (January 1 st ), the Day of the Epiphany (January 6 th ), Holidays Relating to Easter -- Ash Monday (41 days before Greek Orthodox Easter), Good Friday and Easter Monday and White Monday (50 days after Easter),
Labour Day (May 1 st ), the Day of the Assumption (August 15 th ) and Christmas Holidays (December 25 th -26 th ). There are also public holidays celebrated at a local level. GREECE TRADENET COMMERCIAL ATLAS
In terms of other characteristics of the Hellenic Republic, it should be noted that the official religion is Greek Orthodoxy.
Greece is a member of significant international organizations such as: Council of Europe, EU, NATO, EBRD, EIB, IBRD, IMF, IMO, Interpol, OECD, UN, UNCTAD, UNESCO, WHO, WTO, CERN. In terms of the Black Sea Basin Programme, eligible areas are the NUTS II Regions of Kentriki Makedonia (Central Macedonia) and Anatoliki Makedonia and Thraki (East Macedonia and Thrace). The largest city in these regions is Thessaloniki. According to the provisional data of the 2011 census, the population of the Region of Anatoliki Makedonia is 606,170 and a population density of 42.82 per sq. km. The Region of Kentriki Makedonia has a total population of 1,874,590 (population density of 99.66 per sq. km) with the Regional Unit of Thessaloniki accounting for 1,104,460.
History and civilisation Greece is often considered the birthplace of western civilization and democracy. From the period of around 700BC, the great city states of Athens, Corinth and Sparta flourished, while during the fifth century BC, Athens was heralded as the cultural centre of the Mediterranean. Excellence in architecture, sculpture, drama and literature is noted. Democracy, freedom, justice, free inquiry and opportunity are ideals conceived by philosophers of Hellenic antiquity. The historical and cultural heritage of Greece still resonates amidst its modern Western world development.
It can be said that the first efforts at global trade were conducted by the ancient Greeks, who developed a maritime tradition that continues to this day. Trade by sea to destinations near and afar characterized the commercial spirit of Greece and set the foundations for the development of regional trade that were to have far-reaching consequences on the material prosperity of Greece and the sense of adventure that was to be documented in literature that we still read today.
The modern expressions of poetry, theatre, music, dance, art and architecture are also rooted in ancient Greece. In addition, scientific inquirywhat began as philosophyhas its origins in such thinkers as Plato, Aristotle, and Socrates. Poets, historians, and medical pioneers Sappho, Herodotus, and Hippocratesbegan their trade in Ancient Greece, as did lawyers such as Solon, architects such as Phideas, and mathematicians such as Archimedes. Today, Greece is a treasure trove of museums, archaeological and historical sites, theatre, dance, and musical performance, The Acropolis, perched on the Parthenon in Athens, is the crown jewel of Greeces archaeological splendor. More cultural, historical and touristical information can be found in the following sites: www.culture.gr , www.visitgreece.gr . Also, the Greek Secretariat General of Information and Communication has published a very usefully detailed guide entitled About Greece with detailed historic information focusing on contemporary Greece: http://www.minpress.gr/minpress/en/index/currevents/publ_about_greece.htm
Socio-economic profile In terms of demographic information, beyond the general population statistics referenced above, it should be noted that Greece has a population density of 84.46/km2. Population by age group is described as follows: Age Group Total Number Percentage of Total 0-14 1,596,530 14.3% 15-64 7,501,190 66.7% 65+ 2,074,020 19% The economically-active population is approximately 4.95 million while the birth rate is 9.62 births/1,000 persons.
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In terms of the Greek economy, an expansion was noted at an average annual rate of 4% from 2004-2007 and 2% during 2008 (at constant prices of 2000), one of the highest rates in the Eurozone, according to information from the Invest in Greece web site (www.investingreece.gov.gr). International economic uncertainty has had an impact on Greece in 2009; growth rates of GDP (-1.9%) were slowed. The inclusion of Greece in the EU IMF support mechanism, with restrictive economic measures that have been taken for fiscal consolidation, has negatively affected GDP development. However, reforms and restrictive policy implementations have already begun to bear positive results. The public deficit decreased by 31.82% in 2010 A significant improvement in the development trends of GDP is expected through further reforms aimed at the development of a more attractive investment and business environment, including liberalisation of a number of markets, faster licensing procedures, the new investment law, flexibility in the labour market, and others.
Major Economic Indicators 2007 2008 2009 2010 GDP 4.3% 1% - 2% - 4.35% Inflation: Annual Average 2.9% 4.2% 1.2% 4.7% Inflation: Percentage Change December to December 3.9% 2.0% 2.6% 5.2% Labour Productivity (EU-27=100)** 97.1 99.8 98.9 n.a. Unemployment Rate 8.3% 7.6% 9.5% 12.5% Public Investments (%GDP) 3.4% 3.6% 3.0% 2.8% Exports (Goods Current Prices) 21.4* 22.8* 18.5* 20.7* Imports (Goods Current Prices) 65.8* 71.2* 56.8* 53.4* *billion ** Source: Eurostat; Hellenic Statistical Authority, 2011
Fiscal stabilisation and consolidation in Greece are a priority; however private investment (both national and international) and exports are primary growth drivers, rather than an increase in public spending, as was the case in the past. Notable is that labour productivity in Greece continues to show an increase in 2009 and remains at higher levels than the EU-27 average.
Unemployment in Greece, up to 2008, was rather low at 7.6%, approximately the mean value of the Eurozone. During 2009, unemployment rose as a result of the international crisis that affected Greece as well and reached 9.5%. In 2010 a further increase of unemployment is evident due to the restrictive fiscal policy. Unemployment also increased in the EU-27 due to the international crisis. EU unemployment in December 2009 reached 9.6%. In 2011, unemployment rose further.
In 2010, fixed capital formation in Greece reached 33.2 billion Euro in constant pricesThe net FDI inflow, according to recent revised data, reached 3.1 billion Euro in 2008, showing an increase of 100% compared with 2007. In 2009, both total and net investments remained at rather high levels despite the increasing financial crisis. In 2009 net FDI inflows into Greece showed a decrease of 21% compared with 2008. However, this decline was much lower than that of international FDI inflows which, according to the recent UNCTAD Report, reached 37%. Total foreign capital inflows, which reflect the real performance of the country, reached 4.496 billion Euro in 2009, double the net inflows for the same year (2.145 billion Euro). Given that investors from the EU, China, and Arab countries have already expressed significant investment interest, there are promising prospects for FDI inflows to remain at satisfactory levels despite the international and national financial crisis.
GREECE TRADENET COMMERCIAL ATLAS
The export of Greek goods during 2010 showed a significant increase, reaching in current prices 20.7 billion Euros, up from 18.5 billion Euros in 2009. This increase is due to the gradual easing of the global financial crisis, especially in traditional markets for Greek products, and also due to the reduction of the prices of goods, intermediate goods, and production factors as a result of the domestic economic crisis. It is noted that imports to Greece at current prices in 2010 amounted to 53.4 billion Euros whereas in 2009 they reached 56.8 billion Euros. Export growth in 2010 and the corresponding decrease of imports have resulted in the further reduction of the trade deficit of Greece. Greece, part of the Black Sea community In terms of Greeces role in the Black Sea basin, Greece actively participates in relevant international organizations, the most significant of which is the BSEC Black Sea Economic Cooperation Organization with headquarters in Istanbul. The Hellenic Republic is a founding member of the organization that was initiated in 1992 within the framework of an informal intergovernmental meeting and developed into an international economic organization on 1 May 1999 with the coming into force of its Charter signed in June 1998 in Yalta. Greece held the rotating Chairmanship of the organization from 1.6 31/12.2010.
According to the Hellenic Ministry of Foreign Affairs, Greece is the top financing contributor of the BSEC, through the Hellenic Development Fund which was set up in 2008 after a decision of the Council of BSEC Foreign Ministers which took place in Kiev. This Fund was established with a capital of 2 million Euros for four years (2008 2011) and its aim is at supporting small development projects in the broader Black Sea region, mainly in areas of transport, renewable sources of energy, environment, business cooperation, trade, tourism and culture.
In terms of Greeces economic presence in the Black Sea region, Greek companies are strongly entrenched in the region and are among the top investors in neighboring country markets. According to the Hellenic investment agency, over the last few years, more than 4,000 Greek companies have invested more than 15 billion Euro in Southeast Europe. In financial services alone, more than 3,000 branches of Greek banks are active in the region. Greece is a leading global tourism destination, an emerging regional energy hub, and possesses human capital that is outstanding.
Greeces role in the region is also highlighted by the fact that in the educational sector, high quality academic qualifications are provided by Hellenic academic institutions on subject matters of relevance to the Black Sea. For example, the International Hellenic University, an accredited English language university in Greece, offers a one-year Masters Degree in Black Sea Cultural Studies. This MA degree offered by its School of Humanities offers two specialisation streams: a) Archaeology-History b) Politics-Economy.
Finally, there are a number of organisations in Greece dealing with the Hellenes of the diaspora Greek communities established in other countries, either through birth and historic links or because of the various migratory flows of the past. One significant initiative to be mentioned is the Center for the Study and Development of Hellenic Civilisation in the Black Sea, an NGO established by the Regional Administration of Thessaloniki (www.nath.gr).
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INSTITUTIONAL FRAMEWORK
General consideration on the institutional framework The legal system in Greece is based on Roman law. The country is governed as a presidential parliamentary democracy based on its constitution of 1975 amended in 1986 and 2001. The legislative branch includes a 300 seat unicameral parliament, members of which are elected by direct popular vote to four-year terms. In terms of the executive branch, chief of state is the President, elected by Parliament for a five-year term, while the head of the government is the Prime Minister. The cabinet is appointed by the President upon the recommendation of the Prime Minister. The judiciary system is divided into civil, criminal, and administrative courts.
Administratively, Greece is divided into 13 Regions (periferies) which are governed by regional governors (periferiarches) elected every five years. According to Law 3852/2010 otherwise known as the Kallikratis Programme, the administrative division of Greece has been reformed, and the borders of the locally, self-administrated units, the electoral procedure related to their governing bodies, and their responsibilities, were redefined.
The Kallikratis Programme uniformly and consistently relates to and interacts with the two levels of local government, that of (1) Municipalities and Regions, and the (2) Decentralized Administrative Units. The administrative structure of Greece is as follows: 13 Regions (elected region heads) that replace 76 administrative units (prefectures, expanded prefectures) and 325 new municipalities.
Since January 1, 2011 seven Decentralized Administrative Units also operate and their responsibilities are limited solely to state functions, according to the provisions of the Constitution. In Greece, there is also an autonomous monastic community Agion Oros or Mount Athos.
A complete system of public and private institutions, central, regional and local authorities, cross border as well as international institutions exists in Greece. The internet is widely used so interested persons can easily find all relevant information on structures through their web sites, usually available also in English.
Public institutions Central institutions In terms of the central government, all information begins with the government web site (www.government.gov.gr,http://www.primeminister.gov.gr/english/government, http://www.opengov.gr/en ) with links to all Ministries and government institutions and their branches on a regional or local level. More specifically, the Ministries which currently form the Greek Government are the following: Ministry of Interior www.ypes.gr Ministry of Finance www.minfin.gr Ministry of Foreign Affairs www.mfa.gr Ministry of Administrative Reform and E-Governance (Greek only) www.ydmed.gov.gr Ministry of National Defence www.mod.mil.gr Ministry for Development, Competitiveness and Shipping (Greek only) www.mindev.gov.gr GREECE TRADENET COMMERCIAL ATLAS
Ministry of Environment, Energy and Climate Change www.ypeka.gr Ministry of Education, Lifelong Learning and Religious Affairs www.ypepth.gr Ministry of Infrastructure, Transport and Networks www.yme.gr Ministry of Labour and Social Security (Greek only) www.ypakp.gr Ministry of Health and Social Solidarity www.yyka.gov.gr Ministry of Rural Development and Food www.minagric.gr Ministry of Justice www.ministryofjustice.gr Ministry of Citizen Protection www.yptp.gr Ministry of Culture and Tourism www.yppo.gr Each of the above Ministries has a very useful links page which contains the public and semi-public organizations that function under the supervision of the relevant Ministry. Also, each Ministry maintains offices throughout Greece with public citizen services, according to its jurisdiction.
In terms of governmental agencies and centres supporting business cooperation and foreign investment, international companies are urged to contact the Invest in Greece Agency. Invest in Greece SA is the official investment promotion agency of Greece that promotes and facilitates private investment. Invest in Greece is also responsible for the implementation of "Acceleration and transparency of implementation of Strategic Investments" law. Invest in Greece identifies market opportunities and provides investors with assistance, analysis, advice, and aftercare support. It identifies potential partners, locates sites, assists in legal and licensing procedures, analyses investment proposals, furnishes pertinent economic information, and fully explains incentives available to investors. Its very useful web site is www.investingreece.gov.gr.
Another useful reference source for companies is www.startupgreece.gr or Kickstarting Greece. Startup Greece is an information, networking and collaboration space, aimed at creating a new generation of entrepreneurs in Greece. It is supported by the Ministry for Development, Competitiveness and Shipping and the Greek Government in collaboration with communities of young entrepreneurs. Startup Greece provides entrepreneurs with the information necessary to start their own business (motivation, funding, legal framework, research material). It utilises social media to bring together people, ideas, corporations, universities, organizations, and create creative partnerships and investment opportunities. International companies should also be aware of the creation of a General Electronic Commercial Registry (Geniko Emboriko Mitroo-G..H.), in Greece. The operation of a modern and updated central database of business registry aims to facilitate in reducing bureaucratic procedures to create or change a business and also the publication and submission of corporate information certificates for almost all transactions of a company. Moreover, a general and single registry of companies creates broader information requirements and operating information for the entire public sector. The GEMH project, upon its completion will be a relevant source for company statistical analysis. The relevant web site is www.businessportal.gr
Another, very significant information portal is the Hellenic portal "ERMIS", the new government Internet site for the Public Administration that provides citizens and businesses alike with a central information and e-services hub (e-Government Portal). At the web site www.ermis.gov.gr one can find a series of useful links and information and also the link to the portal on the EU Services Directive, the Point of Single Contact for Citizens and Businesses in Greece. This portal, a member of the EU EUGO Initiative (www.eu-go.eu), has the purpose of simplifying formality procedures for business providers.
Additional references for businesses: General Secretariat for Information Systems (on-line tax and customs forms) www.gsis.gr Hellenic Statistical Authority www.statistics.gr National Printing-house www.et.gr Ministry of Foreign Affairs - Translation Service http://www1.mfa.gr/en/citizen-services/translation-service/translation-service.html GREECE TRADENET COMMERCIAL ATLAS
Bank of Greece www.bankofgreece.gr Hellenic Police www.astynomia.gr Organisation for Employment of the Workforce www.oaed.gr Hellenic Industrial Property Organisation www.obi.gr Hellenic Data Protection Authority (for personal data) www.dpa.gr It is necessary to include Chambers of Commerce and Industry in this public sector chapter as Chambers in Greece are legal entities governed by public law. There are 59 Chambers with a specific geographic jurisdiction throughout Greece. All Chambers are members of the Union of Hellenic Chambers (www.uhc.gr) through which interested companies can find the coordinates of local Chambers. It should be noted that in Athens, Pireaus, Thessaloniki and Komotini, there are separate Chambers covering Commerce, Industry, Service Professionals and Small and Medium Sized Industries. In all other areas there is one unified Chamber covering all of the above categories and for this reason the general title Chamber is used. Membership to Chambers in Greece is obligatory.
It should be noted that there are also other Chambers in Greece functioning as professional associations which are public law legal entities. Specifically, there is an Economic Chamber (www.oe-e.gr) for economists and accountants, a Technical Chamber (www.tee.gr) for professionals in the construction sector (architects, engineers, mechanics, etc.), a Geotechnical Chamber (www.geotee.gr) for professionals in the agricultural sector, a Hellenic Chamber of Hotels (www.grhotels.gr), a Hellenic Chamber of Shipping (www.nee.gr) and a Chamber of Fine Arts of Greece (www.eete.gr).
Local administration Public authorities functioning on a regional level are the 13 regional authorities. The Association of Regions (www.enae.gr) provides links to the relevant web sites of each region.
On a local level, municipalities are the relevant public bodies. Their representative association is the Central Union of Municipalities whose web site www.kedke.gr provides links to the relevant local entities. The municipalities have a series of jurisdictions that include citizen registries and services, immigrant licences and services, technical municipal services, etc.
As mentioned above, the Regional Authorities also have offices on a local level. For a full listing of the district offices of the Regions, one can consult the web site www.anaptixi.gov.gr
Private institutions and organisations Companies can enquire as to membership in privately registered professional organisations and business associations which can be of a horizontal or sectoral nature. Also, these organisations oftentimes have a regional or local character. In general, they have the role of lobby groups, also providing services to their members.
Most of these groups are members of the Hellenic Confederation of Professionals, Craftsmen and Merchants (GSEVEE), a Third Level (tertiary) Small Enterprises Organisation and one of the major Social Partners which co-sign the National General Collective Agreement. On the GSEVEE web site (www.gsevee.gr ) one can find links to its 87 federation members, 58 local association members, and 28 sectoral organizations. On a local level, indirect members are 1100 associations of professionals, craftsmen & merchants with 160.000 registered natural persons (entrepreneurs). The following Organisations should also be noted: The National Confederation of Hellenic Commerce (www.esee.gr), the Hellenic Federation of Enterprises (www.sev.org.gr) and the Federation of Industries of Northern Greece (www.sbbe.gr).
In terms of entrepreneurship, it is known that Greece has been a member of the EU since 1981. As such, European business practices and standards generally apply and all company related information is publically available on-site or through web sites with English GREECE TRADENET COMMERCIAL ATLAS
translations. As Europes Single Market is a reality, along with the Greek web sites, there is also a plethora of EU web Sites providing information on doing business in Greece and all EU countries (http://ec.europa.eu/youreurope/, http://ec.europa.eu/small-business/) Still, it is common practice for companies (Greek as well as foreign) to consult appropriate professionals for advice on issues of legal and financial/taxation nature, or as the case may be customs brokers, transport agencies, logistics companies, translation companies, etc. Oftentimes banks also provide useful services to their clients. In fact, international companies can begin their internationalisation plans through their local bank which can contact their branch office in Greece, or Greek banks with offices abroad. For a full listing of banks in Greece, including representative offices of foreign banks, one can consult the web sites of the Bank of Greece (www.bankofgreece.gr) or the Hellenic Bank Association (www.hba.gr).
Black Sea specific institutions and organisations It should be noted that the headquarters of the Black Sea Trade and Development Bank (BSTDB), the BSECs funding mechanism, is based in Thessaloniki. According to information from the BSTDB web site, the Bank is an international financial institution established by Albania, Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Moldova, Romania, Russia, Turkey, and Ukraine. With an authorized capital of SDR 3 billion, the Bank supports economic development and regional cooperation by providing trade and project financing, guarantees, and equity for development projects supporting both public and private enterprises in its member countries. BSTDB is rated A long term and A1 short term, with stable outlook by Standard & Poors, and A3/P2 with stable outlook by Moodys.
In terms of its mandate and mission, the purpose of the Bank is to accelerate development and promote co-operation among its shareholder countries. BSTDB supports regional trade and investment, providing financing for commercial transactions and projects in order to help Member States to establish stronger economic linkages.
As defined in the Agreement Establishing the Black Sea Trade & Development Bank, the mission of the Bank is to effectively contribute to the transition process of the Member States towards the economic prosperity of the people of the region. This translates into a dual mandate for the Bank to promote a) regional cooperation and b) economic development in Member States principally by financing operations in the private and public sectors. Further information is available on the relevant web site: www.bstdb.org.
In terms of other international organizations, Greece is involved in the United Nations Development Programme project -- the Black Sea Trade and Investment Promotion Programme (BSTIP). This is a joint initiative co-financed by the Ministry of Economy and Finance of the Hellenic Republic, the Ministry of Foreign Affairs of the Republic of Turkey, by UNDP and by the Black Sea Economic Cooperation Organization (BSEC). According to the UNDP the programme, being the first joint initiative co-funded by Greece and Turkey, under the auspices of UNDP, aims at supporting the regional economic integration process among the BSECs 12 member states. As such BSTIP has been mandated to support the expansion of the intra-regional trade and investment links in the sub-region by identifying the untapped investment and trade potential and putting into place the mechanisms to exploit it.
Greeces capital city of Athens is also the headquarters of the International Center for Black Sea Studies (ICBSS), whose establishment was spearheaded by the Hellenic Republic. It is acknowledged as the BSECs de facto think-tank. Since 1998 when it was established as a non- profit organisation, it has fulfilled a dual function: a) as an independent research and training institution focusing on the wider Black Sea region, and b) as a related body of the BSEC. Through its activities, the ICBSS promotes multilateral cooperation among the BSEC member states, the European Union and other international organisations.
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The Centre elaborates and publishes research papers and studies, organises a variety of scientific events and manages research projects that seek to foster a comprehensive and cohesive approach towards important issues of the Black Sea region, with an academic as well as policy-oriented focus. Its most recent activity was the organisation of the 4th International Black Sea Symposium on the theme of The Black Sea Region in Transition: New Challenges and Concepts. This took place in September 2011 in Athens.
Another Black Sea Organisation with offices in Greece, Kavala specifically, is the CPMR Balkan and Black Sea Regional Commission (BBSRC) Greek and Romanian regions had the initiative to set up geographical Commissions in the Balkans and the Black Sea area under the umbrella of the Conference of Peripheral Maritime Regions of Europe (CPMR). The two Commissions were set up in April 2000 and June 2001 respectively. In 2004, they decided to come together and to join forces.
The BBSRC currently brings together 30 Regions from Greece, Turkey, Romania, Bulgaria, Croatia, and Ukraine. It has special partnerships with Serbian, Georgian and Moldovian Regions. The main objective of the Commission is to encourage dialogue and cooperation between sub-state spheres of government. The aim is to constitute a lasting institutional framework to support the integration of these areas and improve their relations with the EU in the context of enlargement.
Currently, the President of this Commission is Mr Pavlos DAMIANIDIS, Deputy Regional Governor of the Region of East Macedonia & Thrace (Anatoliki Makedonia kai Thraki). The Executive Secretary, Mr Anthony Papadimitriou, is located in Athens. It is assisted by the CPRM General Secretariat based in Rennes. Further information on this organisation can be found on its web site www.balkansblacksea.org .
Foreign investors can also maintain contacts with their Embassies (located in Athens) or General Consulates (mainly located in Thessaloniki) and also with their respective Commercial Attaches whose role it is to facilitate their nationals throughout the economic and business venture process. The Hellenic Ministry of Foreign Affairs maintains a list of such diplomatic missions in Greece (www.mfa.gov.gr). Also, prospective investors from Black Sea Countries can contact bilateral Chambers of Commerce that exist. For example there are Turkish Hellenic Chambers of Commerce in both Athens (www.etee.gr) and Thessaloniki (www.grtrchamber.org) and bilateral Chambers exist with Bulgaria (www.gbcci.org), Romania (www.hrcci.eu) and Ukraine (www.hucc.gr).
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GREECE TRADENET COMMERCIAL ATLAS
LEGAL FRAMEWORK FOR DOING BUSINESS
Legal Base to register a business in Greece In April 2011, Greece introduced the one-stop-shop in starting up new enterprises via a general commercial register. It is a project of national priority and a service meant to boost transparency and reduce bureaucracy thus encouraging entrepreneurial activity. According to the estimates of the Ministry of Development, this new service reduces the time needed to start up a business from 19 days to one day, while costs are also reduced by 50-62%. The implementation of this project had as its goal to boost Greeces standing in the World Banks Doing Business ranking and indeed, the 2012 guide released on 20 October 2011 indicates that Greece climbed 14 steps in the ranking referring to the business climate from the 149 th
position to the 135 th . So, one can safely indicate that starting up an enterprise in Greece is significantly simpler that it has been in the recent past.
Institutions to be approached As a general rule, prospective entrepreneurs should begin their quest for starting a new enterprise at the local Chamber of Commerce and Industry in the geographical area where they will set up their activity. A full listing of Chambers is available on the Union of Hellenic Chambers web site www.uhc.gr. Chamber staff will either complete the procedure for setting up a company through the one-stop-shop service or will direct the new entrepreneur to the correct authority.
Forms of business cooperation and ventures recognised by the law In Greece there is a broad range of business forms that prospective companies can choose from. The establishment procedures for the four main legal entity forms, 1) Public Limited Company (SA Societe Anonyme or AE Anonymos Eteria -) 2) Limited Liability Company (EPE Etairia Periorismenis Efthynis) 3) General Partnership (OE Omorythmos Etairia) and 4) Limited Partnership (EE Eterorythmos Etairia) are analyzed below. The information is based on the instructions of the General Secretariat for Commerce of the Ministry of Development, Competitiveness and Shipping and further details can be found on the Ministry Web Site (www.startupgreece.gr). These four legal entities can be established through the one-stop- shop service. The first two company types (SA and EPE) are created by accredited notary publics (a listing of which is available on the General Company Register portal www.businessportal.gr ) and the other two (OE and EE) are established and registered through one of the 59 Chambers of Greece (www.uhc.gr).
Requirements for registering a company, including operational authorisation
Public limited company (Socit Anonyme) may be established by one or more persons, or become a single-member public limited company when all shares are concentrated in the hands of a single shareholder. The founding members may be legal or natural persons. The natural persons have to be over eighteen years of age (according to article 127 of Greek Civil Code, as it was modified by article 3 of Greek Law 1329/83). Participation of a minor in the establishment of a public limited company is allowed only after magisterial permission. A public limited company (SA) has the following basic characteristics: A relatively large capital stock that is required for its establishment. The capital is divided into equal units, otherwise called shares. Strict publicity rules during the company establishment procedures, as well as during its entire duration. A long duration (usually 50 years) The limited responsibility of the shareholders. GREECE TRADENET COMMERCIAL ATLAS
Decision making procedures based on majority. The existence of two bodies: the General Assembly of shareholders and the Board of Directors. In order to establish a public limited company (SA), the minimum capital required is 60.000 Euros, although certain cases require a larger amount of capital. The capital should be deposited during the companys establishment. It is not compulsory for the capital to comprise only cash; it may also comprise contribution in kind, that is contribution of assets (e.g. property). However, if part of the initial capital (maximum 50%) comprises contributions in kind, an advance valuation should be carried out, according to article 9 of Greek Law 2190/1920.
The liability of the partners/shareholders in this company form is the total amount of the company capital. The company is liable for debts and obligations with its own assets, not the partners personal assets. In contrast to personal companies, the assets of a company are clearly distinguished from the assets of the founders/partners.
In order to establish the company, a Company Establishment Note of 70 Euros must be deposited. If the founders are more than 3 persons, the cost is increased by 5 Euros for each additional founder. The Company Establishment Note cannot be refunded. Additionally, companies will need to pay: G.C.R. registration fee (10 Euros). Chamber registration fee depending on the respective Chamber. Registration fee to the Insurance Organisation for the Self-Employed (OAEE) that amounts to 50% of the insurance premium of the pension branch of the third insurance category of new insurers category 003 (approximately 111 Euros). Capital Accumulation Tax (1% of the capital stated in the Articles of Association) Duty paid to the Hellenic Competition Commission (1% of the capital stated in the Articles of Association). Also, the Notary fee amounts to 44.02 to draw up the contract plus 6 per page, plus 23% VAT. The copies cost 5 per page, plus 23% VAT. The fee is paid directly to the Notary Public and is not included in the Company Establishment Note. An attorney fee, if required, may also apply. According to the law, an attorney should be present if the company capital is more than 100.000. An attorneys minimum fee is 1% of the company capital, if the amount is less than 44.02,5429, and 0,5% of the company capital, if the amount is more than 44.02,5429. This fee applies to each attorney present. For instance, if a company is to be established by two parties and each party has their own attorney, then both attorneys shall receive a fee. The fee is paid directly to the attorney and is not included in the Company Establishment Note.
Before going to the Notary Public, certain company details for the Articles of Association must be decided upon. The Articles of Association constitute a necessary document for the establishment of a company, and determine a number of significant topics related to the partners relations, company management, duration and dissolution. Article 2, paragraph 1 of Greek Law 2190/20 determines the minimum information to be included in the Articles of Association. Specifically, the Articles of Association of a public limited company (SA) should contain the following provisions regarding: Company name and purposes Registered seat of the company Duration of the company Amount and method of payment of capital stock Types of shares, quantity of shares, nominal value and issue of shares Number of shares for each type, if more than one type of shares exist Conversion of registered shares to bearer shares, or conversion of bearer shares to registered shares Meeting, formation, operation, and responsibilities of the Board of Directors Meeting, formation, operation, and responsibilities of the General Assembly GREECE TRADENET COMMERCIAL ATLAS
Auditors Shareholders rights Balance sheet and allocation of profits Dissolution of the company and liquidation of assets However, the Articles of Association do not have to contain any provisions, even if these are referring to information stated in paragraph 1, on the condition that they are repeating valid provisions of Greek law, unless derogation from these is granted. The Articles of Association of a public limited company (SA) should also include: Personal information of the legal or natural persons who signed the Articles of Association, or on behalf of whom the Articles have been signed. The total amount, or approximately, of all expenses required for the establishment of the company which burden the company. The duration of the first fiscal period, the composition and term of office of the Board of Directors (including their capacities and duties if the contracting parties agree so) and the auditors of the first fiscal period, if the company is subject to audit.
Limited liability company (Etairia periorismenhs efthynis EPE) - as a rule, in order to establish a limited liability company, at least two parties will have to concur, either natural or legal persons. However, a limited liability company may be established by a single natural or legal person (single-member limited liability company) under certain circumstances; that is, the founder (legal or natural person) of a single-member limited liability company cannot establish a new single-member limited liability company. In addition, a single-member limited liability company cannot be the sole shareholder of another single-member limited liability company.
The natural persons have to be over eighteen years of age (according to article 127 of Greek Civil Code, as it was modified by article 3 of Greek Law 1329/83). Participation of a minor in the establishment of a limited liability company is allowed only after magisterial permission. A limited liability company is a company with share capital and legal personality, and is liable for its debts with the company assets. According to article 3 of Greek Law 3190/1955, a limited liability company is a trade company, even if its business scope is not related to trade. However some trade activities, such as banking, insurance, stock exchange, portfolio management, mutual funds management, leasing, promotion and implementation of high technology investments (only venture capital) and athletic activities are expressly excluded from the scope of limited liability companies. Further basic characteristics include: The capital stock is divided into participation units, each of which comprises of company shares, of a minimal value of 30 Euros each. Specific publicity rules during the company establishment procedures, as well as during its entire duration. Specific duration (although failure to record the duration does not constitute reason for dissolution). Limited liability of the partners. Decision making procedures are based on majority (more than half of the total number of the partners who represent more than half of the company capital). The existence of two bodies: the General Assembly of Partners and the Manager or Managers.
In order to establish a limited liability company, the minimum capital required is 4.500 Euros. The capital should be deposited during the companys establishment. It is not compulsory for the capital to comprise only cash; it may also comprise contribution in kind, that is contribution of assets (e.g. property). However, if part of the initial capital (maximum 50%) comprises contributions in kind, an advance valuation should be carried out, according to article 9 of Greek Law 2190/1920.
In the case of the EPE, the liability of its partners/shareholders is the total amount of the company capital. The company is liable for debts and obligations with its own assets, not the GREECE TRADENET COMMERCIAL ATLAS
partners personal assets. In contrast to personal companies, the assets of a company are clearly distinguished from the assets of the founders/partners.
The fees for establishing an EPE include the Company Establishment Note of 70 Euros. If the founders are more than 3 persons, the cost is increased by 5 Euros for each additional founder. The Company Establishment Note shall not be refunded. Additionally, the company will need to pay: G.C.R. registration fee (10 Euros). Chamber registration fee depending on the respective Chamber. Duty paid to the Lawyers Welfare Fund in Athens, which amounts to 5.80. Registration fee to the Insurance Organisation for the Self-Employed (OAEE) that amounts to 50% of the insurance premium of the pension branch of the third insurance category of new insurers category 003 (approximately 111 Euros). Capital Accumulation Tax (1% of the capital stated in the Articles of Association) Notary fee It will cost 44.02 to draw up the contract plus 6 per page, plus 23% VAT. The copies cost 5 per page, plus 23% VAT. The fee is paid directly to the Notary Public and is not included in the Company Establishment Note. Attorney fee, if required. According to the law, an attorney should be present if the company capital is more than 100.000. An attorneys minimum fee is 1% of the company capital, if the amount is less than 44.02,5429, and 0,5% of the company capital, if the amount is more than 44.02,5429. Attention: This fee applies to each attorney present. For instance, if a company is to be established by two parties and each party has their own attorney, then both attorneys shall receive a fee. The fee is paid directly to the attorney and is not included in the Company Establishment Note.
Before going to the One Stop Shop, it is necessary to decide upon certain company-related information to be included in the Articles of Association. The Articles of Association constitute a necessary document for the establishment of a company, and determine a number of significant topics related to the partners relations, company management, duration and dissolution. According to article 6 of Greek Law 3190/1955, the Articles of Association of a limited liability company should contain at least the following: The partners names, surnames, professions, residence and nationality. Company name. Registered seat and purposes of the company (the registered seat may be a Municipality or a Community of the Greek State). State explicitly the type of company as a limited liability company The capital stock, participation share and the number of company shares held by each partner, as well as a certificate of payment of capital stock. The types of contributions in kind, their valuation and the name of the contributor/partner, as well as the total value of contributions in kind. The duration of the company. Moreover, the Articles of Association may also include and validate agreements between partners about complementary contributions, further provisions that do not constitute contributions in cash or in kind, non-competition agreements among partners, share transfer prohibition, prohibition of partners withdrawal, dissolution of company for reasons other than those provided in the Greek law. The Articles may also include provisions on management control.
General Partnership (OE Omorythmos Etairia) In order to establish a general partnership company, at least two parties will have to concur who are by law jointly responsible for pursuing common purposes (article 741, Greek Civil Code). The founding members of a general partnership company may be natural or legal persons. The natural persons have to be over eighteen years of age (according to article 127 of Greek Civil Code, as it was modified by article 3 of Greek Law 1329/83). Participation of a minor in the establishment of a general partnership company is allowed only after magisterial permission. GREECE TRADENET COMMERCIAL ATLAS
The partners of a general partnership company are jointly responsible for all the companys obligations with their personal assets. The dissolution of the company does not terminate the partners liability for any existing company debts. The establishment of a general partnership company does not require a notarial deed; on the contrary, a private agreement is sufficient. In a General Partnership, a general partner, is the partner with unlimited liability (responsible for all the companys debts, not limited to a fixed amount of the companys debts) for all the companys obligations with his/her personal assets.
In terms of capital necessary to start and OE, there is no minimum capital required by law for establishing a general partnership company, because the company assets are not distinguished from the partners assets, given that the partners are liable for the companys obligations with all their personal assets.
In order to establish and OE, a Company Establishment Note of 50 Euros is required. If the founders are more than 3 persons, the cost is increased by 5 Euros for each additional founder. The Company Establishment Note shall not be refunded. Additionally, the company will need to pay: G.C.R. registration fee (10 Euros). Chamber registration fee, depending on the respective Chamber. Contribution to the Lawyers Fund (0,5% of the company capital) Duty paid to the Lawyers Welfare Fund in Athens. For the establishment of general partnership companies and limited partnership companies with capital more than 586.94, the duty amounts to 1% of the capital stated in the Articles of Association. Additionally, a stamp of 3.6% on the abovementioned 1% is paid. If the capital is less than 586.94, the duty amounts to only 5.80. Registration fee to the Insurance Organisation for the Self-Employed (OAEE) that amounts to 50% of the insurance premium of the pension branch of the third insurance category of new insurers category 003 (approximately 111 Euros). Capital Accumulation Tax (1% of the capital stated in the Articles of Association)
Before going to a One Stop Shop, the Articles of Association of the company must be drawn up. According to the law, the Articles of Association should contain at least the following information: Name and residence of the partners Company name Names of managers and representatives Type and value of contributions Duration of the company Purposes of the company State explicitly the type of company as a general partnership company The Articles of Association constitute a necessary document for the establishment of a company, and determine a number of significant topics related to the partners relations, company management, duration and dissolution. The Articles of Association should be signed by all partners.
Limited Partnership (EE Eterorythmos Etairia) - in order to establish a limited partnership company, at least two parties will have to concur who are by law jointly responsible for pursuing common purposes (article 741, Greek Civil Code). The founding members of a limited partnership company may be natural or legal persons. The natural persons have to be over eighteen years of age (according to article 127 of Greek Civil Code, as it was modified by article 3 of Greek Law 1329/83). Participation of a minor in the establishment of a general partnership company is allowed only after magisterial permission.
The partners of a limited partnership company are distinguished in two categories: general and limited partners. General partners have joint and unlimited liability vis--vis the company creditors. Limited partners have limited liability and are only liable for the amount GREECE TRADENET COMMERCIAL ATLAS
of their investment in the company. The establishment of a limited partnership company does not require a notarial deed; on the contrary, a private agreement is sufficient. The limited partner becomes liable as a general partner when his/her name is included in the company name, or participates in the management and representation of the company.
In terms of capital, there is no minimum capital required by law for establishing a limited partnership company, because the company assets are not distinguished from the partners assets, given that the partners are liable for the companys obligations with all their personal assets. In terms of partner liability, each general partner is liable for the companys debts and obligations with their own personal assets. Limited partners are liable for the amount of their investment in the company.
In terms of fees, the Company Establishment Note of 50 Euros is required. If the founders are more than 3 persons, the cost is increased by 5 Euros for each additional founder. The Company Establishment Note shall not be refunded. Additionally, the company is required to pay: - G.C.R. registration fee (10 Euros). - Chamber registration fee depending on the respective Chamber. - Contribution to the Lawyers Fund (0,5% of the company capital) - Duty paid to the Lawyers Welfare Fund in Athens. For the establishment of general partnership companies and limited partnership companies with capital more than 586.94, the duty amounts to 1% of the capital stated in the Articles of Association. Additionally, a stamp of 3.6% on the abovementioned 1% is paid. If the capital is less than 586.94, the duty amounts to only 5.80. - Registration fee to the Insurance Organisation for the Self-Employed (OAEE) that amounts to 50% of the insurance premium of the pension branch of the third insurance category of new insurers category 003 (approximately 111 Euros). - Capital Accumulation Tax (1% of the capital stated in the Articles of Association)
Before going to a one stop shop, the Articles of Association of the company need to be drawn up and should contain at least the following information: Name and residence of the partners, and their capacity (general partner, limited partner) Company name (it is prohibited to include the limited partners name in the company name) Names of managers and representatives (only general partners may be managers and representatives) Type and value of contributions Duration of the company Purposes of the company State explicitly the type of company as a limited partnership company
The Articles of Association constitute a necessary document for the establishment of a company, and determine a number of significant topics related to the partners relations, company management, duration and dissolution. The Articles of Association should be signed by all partners.
GENERAL INFORMATION FOR ALL OF THE ABOVE COMPANY TYPES Before registration it is necessary to locate the premises of the company. These premises shall be the registered seat of the company.
It should also be noted that tax and social security clearance certificates are required. Specifically, all founders/partners should have tax and social security clearance certificates. When the establishment procedure is completed, the One Stop Shop shall provide, free of charge, a certificate stating the actions undertaken and the results. In particular, the certificate shall state at least the following: The date of establishment of the company, type of company, company name and distinctive title, G.C.R. number and Registration Code GREECE TRADENET COMMERCIAL ATLAS
Number, TIN of the company and competent Public Fiscal Service, and the registration of the company at the relevant registers of the Chamber.
It should also be noted that the above procedures do not pertain to companies that require an administrative approval or decision in order to commence their business activity. Information on these companies can be obtained from the portal www.ermis.gov.gr.
There are also other forms of enterprise formation in Greece: Branches of Foreign Companies Public corporations or limited liability companies registered abroad, can establish a branch office in Greece. These companies are registered with the Ministry of Development. In the case of SA/AE company types Greek Law 2190/1920 applies, whereas for LTD/EPE companies, reference is made to Law 3190/1955. Joint Ventures (Koinopraxia) are informal associations of individuals or legal entities, brought together in order to complete specific projects. These associations are registered at the local Chamber and also have certain tax benefits. European Economic Interest Grouping (EEIG) EU Council Regulation 2137/85/EEC as it is implemented in Greece through Presidential Decree 38/1992 describes this European company type which can be established in Greece. European Company Societe Europeenne (SE) For company forms with a minimum capital of 120.000 Euro, it is possible to form an SE in accordance with the EU Council Regulation 2157/2001 and Greek Law 3412/2005. Off shore company type Greek Law 89/1967 as it was amended by Law 3427/2005 provides information for foreign companies wishing to establish an off shore office in Greece which has special tax benefits. Foreign shipping companies may take advantage of Greek Law 27/1975 and establish a branch office in Greece. Self-Employed, Personal Companies - In Greece, the most common and wide-spread form of entrepreneurship is the personal company sometimes referred to as free lancer or sole trader. This is the most basic and simple company formation type and has very limited requirements, both in terms of registration procedures and in terms of accounting regulations applied. Registration is possible at the local Chamber.
In terms of company registry statistics, it is important to indicate that since the beginning of the General Commercial Registry and One-Stop-Shop Service on April 4 2011 until 3 October 2011, 17,469 new enterprises were registered while 3,601 companies utilized the one-stop service. With the completion of the commercial registry in Greece, full statistics will be available.
Legal requirements for buildings Procedural requirements for building a standard warehouse in Greece include: Obtaining a copy of the notarial deed (Notary Public office), obtaining a copy of land registry certificate (Land Registry Agency), obtaining a waste disposal study (Department of Health Agency at the Municipality), obtaining active fire protection approval (Fire Brigade Office), obtaining an installation permit (Department of Industry), obtaining a building permit (Town Planning Department office or Poleodomia at the Municipality), paying workers social security (Social Security Offices IKA), obtaining police approval for the commencement of works (Police station), obtaining municipal approval for the commencement of works and for the occupation of the pavement (Municipality), receiving final inspection from the municipality (Municipality), requesting and obtaining electric power connection (Public Electricity Company DEI), obtaining water connection (local water and sewerage company), obtaining a sewage connection (Municipality), obtaining a telephone connection (Hellenic Telecommunications Organization S.A. OTE), and finally registering the building with the Municipal Authorities.
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Of course, other structures have other requirements. For example in the Invest in Greece Agency web site www.investingreece.gov.gr there is a detailed account of liscensing procedures and building requirements for key investment sectors such as tourism, where special construction considerations exist for hotels, pools, spas, etc. Also, it should be noted that there are special incentives and for building within the limits of authorized Business Parks. Further information is available from the General Secretariat for Industry (www.startupgreece.gr/content/business-parks).
Lifecycle of a company: exit through bankruptcy, transfer of business Business Transfers Transfer procedures vary depending on the company type. For Single-member companies (sole trader - natural person): through deed inter vivos (sale contract) or in the case of death of the owner, the company is transferred to his/her heirs. In general partnerships: equity shares may be transferred by deed of transfer inter vivos (i.e. transfer of property or interest during a person's lifetime) if provided for in the statute or agreed by all partners. In limited partnerships: a shareholding transfer to this type of company is possible only if agreed by all partners. In Limited Liability Companies capital transfer is possible, unless otherwise specified in the statutes, but it is more complicated that the transfer of shares of a Limited Company. The transfer of Public Limited Companies occurs by transferring shares; the statute may set limitations only for nominal shares. The source of information for the above can be found on the Your Europe section of the EU information portal under the heading Exit Strategies for Companies http://ec.europa.eu/youreurope/business/deciding-to- stop/transferring-ownership/greece/index_en.htm
Company Dissolution (Closure) Companies can be dissolved voluntarily through closure by simply deregistering administratively at the tax authority, relevant social security office and Chamber. For companies with capital shares (Limited Liability Partnerships and Public Limited Companies) the relevant laws apply. The source of information for the above can be found on the Your Europe section of the EU information portal under the heading Exit Strategies for Companies, Winding Up with specific information on Greece http://ec.europa.eu/ youreurope/business/deciding-to-stop/winding-up/greece/index_en.htm
Bankruptcy Law The bankruptcy code in Greece is a relatively new law (Law 3588/2007 Published in the Hellenic Government Gazette 153/10.7/2007) It provides a simplified up-to-date, fair and functional system of regulations based on the second chance notion, which can be summarised as follows: giving priority to rescuing the business; giving a second chance in business; treating the bona fide party (the innocent party as opposed to the fraudulent one) with more leniency than has been the case to date; adoption of faster bankruptcy proceedings in case of a company's unsuccessful reconstruction efforts; greater transparency; introduction of a conciliation procedure; special treatment of small bankruptcies.
According to the Bankruptcy Code, a debtor unable to pay their overdue financial obligations must be declared bankrupt. Bankruptcy conditions are as follows: - The commercial status of the debtor (natural or legal person). An exception to this are legal persons pursuing economic purposes, even if they have no commercial status, and which may go bankrupt. - The cessation of payments by the debtor, as defined by law as the failure to pay overdue financial obligations, in a general and permanent way. Bankruptcy may be declared on the basis of mere "threatened" failure to perform, when requested by the debtor himself. The source for the above information and point of reference for further details is: http://ec.europa.eu/youreurope/business/deciding-to-stop/handling-bankruptcy-and- starting-afresh/greece/index_en.htm
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Still, further simplifications are to take place in pre-bankruptcy legislation as a safety net for businesses at risk because of the economic crisis. A new law introduced by the Minister of Development, Competitiveness and Shipping on "Pre-bankruptcy Reorganisation of Enterprises gives a second chance to companies which, for any reason, are in economic difficulties, increases the possibility of consolidation for firms that are viable, ensures protection of creditors and is meant to save jobs. At the time of printing, the draft law was not yet voted into effect. Further information can be found on the Invest in Greece Agency site www.investingreece.gov.gr.
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GREECE TRADENET COMMERCIAL ATLAS
INVESTING IN GREECE
General consideration and framework According to the Hellenic investment agency, Greece can be considered the economic hub of Southeast Europe. Greece is highly appealing as an investment location because it offers businesspeople a wide variety of investment opportunities that take advantage of the countrys strategic geographic location and unique competitive advantages. Greece is a natural gateway to more than 140 million consumers in Southeast Europe and the Eastern Mediterranean, a region with a GDP of almost 1 trillion Euro. As the hub of diverse emerging markets, Greece provides access to populations with a strong demand for consumer goods, infrastructure modernisation, technology and innovation networks, energy, tourism development, and light manufacturing. Greece is a leading global tourism destination, an emerging regional energy hub, and possesses human capital that is outstanding.
It is important to consider the infrastructure currently in place in Greece. In terms of transportation, there are a total of 2,600 km of railways and roadways total 117,000 km. Major highways include the Egnatia Highway, the PATHE Motorway, the Ionian Motorway, the Attiki Odos Motorway and the Rion-Antirrion Bridge.
There are 12 major international ports: Piraeus, Thessaloniki, Volos, Patra, Alexandroupoli, Elefsina, Igoumenitsa, Iraklio, Kavala, Kalamata, Lavrio, Chalkida, Astakos. As far as airports, there are 15 international airports and 25 domestic airports servicing 20 million passengers annually. The main airports are: Athens International Airport (Eleftherios Venizelos), Thessaloniki, Iraklio (Crete), Rhodes, Corfu, Kos, Chania, Zakynthos, Samos, Mykonos and Santorini (Thira).
In terms of telecommunications, there are approximately 6 million telephone lines in use while mobile cellular phone use reaches 16 million. The mobile phone market penetration is 150+%. The main mobile phone operators are Cosmote, Wind, Vodafone, Q Telecom. Internet market penetration is currently 33.9%.
Incentives Fast Track In order to attract investments, Greece has introduced the "Acceleration and transparency in the realisation of Strategic Investments" Law (Fast Track), which provides the international and Greek investment community with a stable and transparent investment framework that includes regulations, procedures, and administrative mechanisms for the implementation of major public and private projects. Through the Law, critical factors that have inhibited major investment in Greece are abolished. The Law allows businesspeople to proceed without bureaucracy, legal framework complexity, and opacity which, to date, have discouraged investors and significantly delayed the implementation of major projects.
The legislation is aimed at the development of investment projects that deliver long-term, high-impact positive results for Greeces national economy. In turn, it is considered that this will lead to the creation of a more modern infrastructure, advanced transport and telecom networks, and better services to citizens. Improved economic competitiveness, job creation, the production of innovative, high-tech, value-added products and services, and the development of environmentally friendly and socially responsible companies are also expected to be achieved. The Fast Track Law as it is commonly called, aims to facilitate strategic investment projects and to accelerate their licensing process, identifying as GREECE TRADENET COMMERCIAL ATLAS
strategic investments those with positive multiplier effects to boost economic growth, build a green economy, advance R&D, and create new, sustainable jobs.
Fast Track focuses on the construction, reconstruction, or modernisation of projects in the energy, industrial, tourism, transportation, telecommunications, health, waste management, innovation and high tech sectors. Investments may either be Public, Private, or Public Private Partnerships. The prerequisites for Fast Track projects are: The value of the investment must exceed 200 million Euro, or the value of the investment must exceed 75 million Euro and the investment must create at least 200 new employment contracts At least 3 million Euro must be invested every three years, regardless of the investment value, in advanced technologies and innovation projects integrated into the strategic investment, or in projects that increase Greeces value and enhance the environmental protection of the country or, in projects creating value for the country in the areas of education, research, technology and a qualitative or quantitative increase in knowledge or the investment creates 250 new employment contracts.
Fast Track includes a well-defined appraisal process for private investments that is coordinated by Invest in Greece and through the newly formed Interministerial Committee for Strategic Investments (ICSI). The Interministerial Committee for Strategic Investments (ICSI) is responsible for the final decision on inclusion in Fast Track. Investment projects are screened and judged on a variety of criteria: Sustainability of the proposed investment Solvency of the investor Development and transfer of knowledge and know-how Regional development resulting from the investment Anticipated increase in employment Reinforcement of the national economic business activity and competitiveness Integration of innovation and high technology Increase in exports Environmental protection/sustainability Energy savings All applications of investment proposals are submitted to Invest in Greece. Files should include a complete and detailed business plan and an impact assessment study on the Greek economy. Both are binding. Under Fast Track, all relevant licenses are to be issued within two (2) months. If the 2-month limit expires, it is assumed that the requested license has been granted.
Invest in Greece, acting as a one-stop shop to facilitate Fast Track, has defined responsibilities: Receipt of the investors application Examination and evaluation of investment proposals Request additional data from investors Recommendation to the Interministerial Committee for Strategic Investments on including the investment proposal under the Fast Track process Supervising the licensing process Invest in Greece likewise has the responsibility of informing the Interministerial Committee for Strategic Investments on possible inefficiencies in the Fast Track process and proposing solutions. Fast Track relies on the cooperation of state authorities acting in concert on proposed projects.Invest in Greece is the organisation responsible for the implementation of "Acceleration and transparency in the realisation of Strategic Investments" (Fast Track) and interested investors are advised to contact this agency for further information (www.investingreece.gov.gr).
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INVESTMENT LAW Beyond the Fast Track Law, Greece has a general investment framework that was voted 2011 (Law 3908). The new law provides for three general and four special categories of investment schemes, which correspond to different investment regimes. The general investment regimes: 1. Reinforce competitive and viable investment schemes with documented prospects of profit 2. Support investments in technological development and innovation 3. Promote regional cohesion and green development The special investment regimes address specialised challenges of the developmental process and correspond to sectors where special emphasis is given. They deal with: 1. Young entrepreneurship 2. Major investment schemes 3. Integrated business plans for the technological and organisational modernisation of enterprises 4. Investment in synergies and clusters. The abovementioned regimes combine a series of reinforcement mechanisms: 1. Tax exemptions on profits, six years for existing businesses and eight years for new businesses 2. Targeted capital subsidisations 3. Leasing subsidies, depending on the developmental target 4. At the same time, ETEAN (National Fund for Entrepreneurship and Development), is activated to immediately ensure market cash flow with the granting of favourable and low interest loans to businesses that invest. The new Investment Law provides for: The setting up of Investor Service Offices, where all necessary information will be available and submission of applications and checking of all required documentation will be performed The setting up of a Unified Register of Evaluators for the whole country from which, using random selection, evaluators will be selected for each investment scheme The development of an Integrated IT System which will support procedures of evaluation, grading, and monitoring of the implementation of the investment schemes. There will be committees which will investigate the evaluators decisions. Inspection of the evaluators and also of the members of the above committees by special inspectors The right of the investor to appeal in case he believes his schemes evaluation was not objective. Also, of great importance is the adoption of a specific time frame. With the new system the evaluation procedure will not only have a specific commencement date but also an expiration date. The whole procedure, regarding the obligations of the State at least, will not exceed six months. Before the new period for tenders begins, every April and October, the evaluations of the previous period will have been completed. Furthermore, the new law, by using tax exemptions as the main incentive, aims to promote dynamic investment schemes with clear prospects of profit.
Regarding subsidies, they will continue to be available, combined with tax exemptions and low interest loans, but will apply only to targeted activities for exercising a developmental policy. In other words, the State will specify and adjust, depending on the circumstances, the priorities of the developmental policy regarding technological development and regional cohesion, and distribute subsidies accordingly. Two important points regarding existing reinforcement regimes: In the provision regarding investment schemes of Regional Cohesion, credit distribution as well as evaluation tables will be formed per Region. This ensures that total reinforcements per Region will be specific and there will be no room for deviations from the developmental planning at the time. GREECE TRADENET COMMERCIAL ATLAS
Very favourable regulations for new entrepreneurs. This is a strategic choice to encourage new, youthful and innovative entrepreneurship. The law assists new businesspeople under 40 years old for a period of five years, from the commencement of their businesss operation, for the sum of their expenses, even for their operating costs. Total reinforcement may reach up to 1 million Euros.
Competition policy
In terms of competition policy, Greece complies with all the rules and regulations of a free- market economy and the EU Single Market. Specifically, the Hellenic Competition Commission exists as an independent administrative authority whose goal it is to protect the proper functioning of the market and ensure the enforcement of the rules on competition. It has full administrative and financial autonomy. Its general goals are: To maintain or restore fair trading in the market, to protect consumers' interests and to ensure economic growth. It means to fight against 1) practices which impede or distort competition and cause damage to consumers and 2) entry barriers in the market which must be free and open to all undertakings. In order to implement the above, it cooperates and applies common standards with the other European Competition Authorities and the European Commission.
The Hellenic Competition Commission is the authority responsible for the enforcement of Greek law 703/1977, "On the Control of Monopolies and Oligopolies, and on the Protection of free Competition". Law 2296/95 established the Competition Commission as an independent authority with administrative autonomy, and law 2837/2000 awarded it financial autonomy. Establishes the existence or not of cartels between undertakings that have as their object or effect the restriction of competition, according to the provisions of article 1 (1) of law 703/77. Decides whether to exempt those cartels which restrict competition but contribute positively to economic progress, benefit the consumers, do not create conditions for eliminating competition, or do not excessively bind the participating undertakings, according to the provisions of article 1 (3) of law 703/77. Determines whether undertakings have abused their dominant position in the market, according to article 2 of law 703/77. Determines whether one or more undertakings are abusing the relationship of economic dependence upon them of another undertaking which is their client or supplier, even if this relationship of dependence concerns only one type of product or service, and does not have an equivalent alternative, according to article 2a of law 703/77. Conducts preventive controls on concentrations in respect of their impact on competition, according to the provisions of articles 4 - 4f of law 703/77. Imposes sanctions for infringement of the provisions of law 703/77. Takes interim measures in case of suspected infringement of articles 1, 2, 2a and 5 of law 703/77. Conducts investigations, either upon request of the Minister of Development or ex officio, of specific sectors of the Hellenic economy, and if it concludes that there are no conditions of effective competition in the said sector, it may, take any absolutely indispensable measure which concerns the structure of the market and aims at the creation of conditions for effective competition. Delivers opinions on competition issues either upon request of the Minister of Development or of any other competent Minister or by associations of Chambers and industrial or commercial associations. Is competent to enforce the provisions of articles 81 and 82 of the EC Treaty. Co-operates closely with the European Commission and the competition authorities of the other member states of the European Union in order to enforce the Community competition rules. GREECE TRADENET COMMERCIAL ATLAS
Monitors the implementation of decisions taken by the Hellenic Competition Commission, the Ministries and the decisions by Courts on appeals against the former decisions.
The Hellenic Competition Commission has no jurisdiction over the application of the provisions of law 146/1914 on unfair competition, the application of which is in the competence of civil courts. Further information and updates on the activities of the Competition Commission can be obtained through their web site: www.epant.gr
Human resources (work force) Greeces human capital is considered a strong asset for investors seeking to employ personnel. According to the Invest in Greece agency, during the last three decades in Greece, demographic shifts, EU integration, and global trends have been reshaping the economic landscape so that human resources are meeting the needs of todays service and knowledge- based economy. The economic focus of Greece has witnessed significant shifts so that today roughly 67% of the workforce is involved in the service sector, 21% in industry, and 12% in agriculture. Contemporary trends have resulted in a vastly different workforce than that of 20 years ago, and training and education increasingly reflect the needs of today's globalised economy.
The tourism sector, accounting for more than 16% of GDP, has absorbed the largest increase in human resources. Many of the country's post-secondary educational institutions offer specialized courses in tourism studies, with an emphasis on language training. As a result, Greece ranks favorably in the EU for its number of speakers of a second language. English is by far the most widely spoken second language in Greece. Increasingly, in multinational companies and organizations, English is the language of business on a daily basis. Professionals in the workplace are well educated and the level of university degrees in management is by far the highest in Southeast Europe. During the past five years, there has been a 54 percent increase in students taking post-graduate university courses, from 50,057 to 77,167. Of these, 39,455 students are enrolled in Masters programs and 37,712 in Doctoral programs.
Other service sectors, such as banking, finance, and insurance have also grown considerably as market deregulation and privatization have created thousands of new positions in these sectors. In parallel, technology has become a focal point of training and interest among the nation's young. At the same time, there is a good supply of skilled, semi-skilled, and unskilled labor in Greece.
Educational level of the Greek labour force (000s and %), 2009 (3 rd quarter) PhD and/or Masters degree 103.1 2.27% University degree 760.5 16.75% Technical degree 763.6 16.82% Secondary Education Certificate (Lyceum) 1,473.5 32.45% Basic Education 522.5 11.5% Lower Education 916.9 20.2% Total 4,540.1 100% Source: National Statistical Service of Greece GREECE TRADENET COMMERCIAL ATLAS
GDP per hour worked [annual growth rate, 2008 (%)]
Source: OECD, Productivity Database, 2009
Land and buildings property rights The procedure for purchasing real estate in Greece is relatively simple. To begin with, Greece has a very developed network or registered real estate agents throughout the country that can facilitate the search for property. A listing of such real estate agents can be found from the local Chamber where they are required to register (www.uhc.gr). There are also various associations of real estate agents providing member listings (www.omase.gr , www.e- akinita.gr)
Once the property has been located, it is necessary for a full legal review of ownership titles to take place. This research is carried out at the competent Land Registry (ypothikofylakeio) and, where available, the Land Titles Office (ktimatologio). Further research may be necessary depending on the location of the property. For example, the Department of Forestry Inspection, Department of Antiquities or Municipal Authorities may need to be contact. This research is normally carried through by a lawyer.
The Purchase/Sales Deed is prepared by and signed in the presence of a notary public. The terms of payment or arrangements thereof are usually taken care as part of the signature process. Following the signature of the contract, the deed is registered with the competent authorities.
In calculating the total cost of the property, it is necessary to research the cost of acquisition taxes, transfer taxes and value added taxes. These costs vary depending on the property and a specialized accountant can provide accurate information in this regard. For a general overview, the Invest in Greece agency has useful information in this regard on their web site (www.investingreece.gov.gr). Additional costs include professional services (notary, lawyer, real estate agent and accountant or tax consultant) and land registration fees.
As national significance is attached to attracting foreign investments, it should be noted that procedural simplifications and cost minimalization are being pursued. It should be noted that as recently as October 2011, and in conformance with EU Directive 2009/81/EC, the Greek government passed legislation easing and simplifying the procedures for foreigners, especially non-EU citizens, to acquire real estate in border areas. It is now easier for citizens of third countries to purchase real estate in areas that were considered sensitive for national defence.
GREECE TRADENET COMMERCIAL ATLAS
Intellectual and industrial property rights
Greece is a member of the World Intellectual Property Organization, the Paris Convention for the Protection of Industrial Property, the European Patent Convention, the Washington Patent Cooperation Treaty, and the Bern Copyright Convention. As a member of the E.U., Greece has harmonized its legislation with E.U. rules and regulations. The WTO-TRIPS agreement has been incorporated into Greek legislation since February 28, 1995 (Law 2290/1995). The Greek government has also signed and ratified the WIPO Internet treaties and incorporated them into Greek legislation (Laws 3183 and 3184/2003) in 2003. According to art. 18 par. 18 of Law 2557/1997 the international term intellectual property includes both copyright and related rights and industrial property, such as inventions, models of usage, rights on vegetal varieties, signs, industrial plans and protected geographical names of origin. Intellectual property includes the rights that arise from the creation of a product of the intellect, which is an intangible asset.
Copyright Protected Material Law 2121/1993 with all its subsequent modifications is the legislative instrument deployed for the protection of intellectual property. Every original creation of speech, art or science, expressed in any form, is copyright protected. For instance: written or oral texts, musical compositions, theatrical plays, choreographies, pantomimes, audiovisual works, visual arts works, including architecture and photography, translations, adaptations, customizations and other modifications of folklore creations or expressions, encyclopaedias, collections and databases, if the selection or arrangement of their content is original, computer programs and the preparatory design material.
Ideas are not protected, as the purpose is to ensure their free propagation and circulation. What can be protected is the specific way by which the idea is specified and shaped into a particular and original creation. Furthermore, there is no protection for laws, court orders, administrative documents, folklore expressions (e.g. folk poetry and songs, sayings, proverbs and folk dances, the authors of which are unknown and their protection has lapsed due to the long period of time that has passed), news and simple events, mathematical theories and discoveries, business methods and creations whose copyright protection has expired (70 years after the death of the author). All these are not protected per se; however, if they undergo a certain process, i.e. if some traditional songs are adapted, this adaptation can be copyright protected. Copyright law also recognizes six (6) types of related rights: rights of performers or performing artists rights of producers of audio and/or video media rights of broadcasting organizations rights of publishers rights of database makers rights to previously unpublished creations
The Hellenic Copyright Organization (abbreviated as "OPI") is the only institution responsible for issues dealing with Copyright protection in Greece under the supervision of the Ministry of Culture and Tourism. Within the framework of its responsibilities, OPI deals with any issue in general that may be raised in the field of copyright and related rights. It represents Greece before the competent international organizations, organizes seminars and provides information on matters as such (www.opi.gr).
Industrial Property The Hellenic Industrial Property Organisation (abbreviated as "OBI") is the only legally qualified institution for the protection of inventions and industrial designs. It also provides technological information from worldwide patent databases. Additionally, OBI operates 3 regional electronic patent libraries (in Thessaloniki and Herakleion of Crete) in order to promote the technological information in more areas of Greece (www.obi.gr).
GREECE TRADENET COMMERCIAL ATLAS
Patents are granted for any inventions which are new, which involve an inventive step, and which are susceptible for industrial application. The invention may relate to a product, a process or an industrial application (Article 5 of L. 1733/1987 on Technology Transfer, Inventions and Technological Innovations). An invention is considered new if it does not form part of the state of the art (Article 5 3). An invention is considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art (Article 5 4). Finally, an invention is considered as susceptible of industrial application if its subject matter may be produced or used in any sector ,f industrial activity (Article 5 5).
Industrial design or a model is protected to the extent that it is new and has individual character (Article 12 1 of Presidential Decree 259/1997 on Industrial Designs). The term of protection of a registered design or a model shall be five years from the date of filing the application at the OBI. The term of protection may be renewed for periods of five years each up to a total term of twenty-five years from the date of filing of the application for the registration of the design or the model owner (Article 29 1 of PD 259/1997)
Utility models are protected in Greece by utility model certificates. The utility model certificate is granted for each novel and industrially applicable three-dimensional object with definite shape and form, such as a tool, an instrument, a device, an apparatus or even parts thereof, proposed as novel and industrially applicable and capable of giving a solution to a technical problem (Article 19 1 of Law 1733/1987 on Technology Transfer, Inventions and Technological Innovations). Whoever files a patent application may request up to the date of grant of the patent the conversion of his patent application into an application for a utility model certificate (Article 19 2 of L.1733/1987). The application for the grant of a utility model certificate is submitted to the OBI. The requirements for filing the application, the relevant supporting documentation, and all other pertinent details are determined by decision of the Minister of Industry, Energy, and Technology (Article 19 4 of L. 1733/1987). If the application for a utility model certificate complies with the requirements set out by the law, OBI grants a utility model certificate without prior examination of the novelty and industrial applicability of the utility model at the responsibility of the applicant (Article 19 5 of L. 1733/1987). As regards all other matters, the respective provisions of Law 1733/1987 regarding patents apply (Article 19 6 of L. 1733/1987).
Trademark is any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings (Article 1 1 of L. 2239/1994 on Trademarks). A trademark may consist of words, names, illustrations, designs, letters, numbers, sounds, the shape of a product and its packaging. Articles 3 and 4 of law no.2239/1994 provide for the cases where a trademark cannot be accepted for registration. A common case that arises in practice is the prohibition on registering signs, which may be used in trade to indicate the type, quality, attributes, quantity, destination, value, place of origin or for the manufacturing time of the product, the provision of services or other characteristics of the product or services. In order to register a trademark in Greece, the applicant must file a application in the Register of Trademarks which belongs to the Ministry of Development. The application is submitted with 4 copies and must contain the following: the form concerning the registration of the mark, a printed copy of the latter, the full details of the business concerned, a list of the products or services which it will identify and the appointment of an attorney at law with special powers.
Public procurement Relevant legislation The Greek legislative framework concerning public procurement has incorporated the EU public procurement rules and this is structured upon the basis of the distinction between the procurement supplies and services and the construction of public works.
GREECE TRADENET COMMERCIAL ATLAS
Procurement of supplies and services The procurement of supplies and services by the State and all the legal entities subject to public law is governed by Presidential Decree 118/2007 (entitled "Regulation for the procurement of the State"), save for certain types of procurement subject to the following specific rules: supplies and services contracts subject to Presidential Decree 60/2007 (transposing Directive 2004/18/EC into Greek law); and procurement of supplies by local authorities which are subject to Article 209 of Law 3463/2006 and Article 100 of Presidential Decree 30/1996.
Constructions of public works Law 3669/2008 has codified the legislation governing public works contracts, including the relevant provisions of the following principal legislative acts: Law 1418/1984, which governs the assignment and construction of public works and its implementing legislation, Presidential Decree 609/1985; Law 3263/2004, which governs the award of public works contracts upon the basis of the lowest offer, and implementing Presidential Decree 609/1985, as amended; Presidential Decree 60/2007 which concerns public works contract awards; Law 3310/2005, as amended by Law 3414/2005, which implements Article 14 of the Constitution and provides for additional measures aimed at ensuring transparency and the prevention of circumvention resulting from the participation of a contractor in a media sector company(ies); and Law 3060/2002 and Presidential Decree 774/1980 concerning the pre-award audit of contracts (with a value of EUR 1 million or more) by the Court of Auditors.
Certain other legislative acts are of general application or apply to specific types of public procurement: Presidential Decree 59/2007 (transposing Directive 2004/17/EC into Greek law), in relation to the procurement of supplies and services and the award of public works contracts in the field of water, energy, transport and post utilities; Law 3316/2006, in relation to certain types of studies and framework agreements, and ancillary services thereof; Articles 79-85 of Law 2362/1995 concerning the procedures for the approval of all types of public sector expenditure; Articles 40-44 of Legislative Decree 496/1974 concerning the procedures for the approval of expenditure of entities governed by public law (e.g. public hospitals); and Law 4013/2011 which provides for the establishment of a single independent regulatory authority for public procurements.
Types of contracts "public works contracts" "public services contracts" "public supply contracts"
Types of Award Procedures The fundamental principle underlying the EU public procurement rules is that a qualifying contract must be opened up to EU-wide competitive tender. In accordance with this principle, the Greek public procurement rules provide for four types of tender procedure: open procedure; restricted procedure; negotiated procedure; and competitive dialogue procedure, for supplies and services contracts (only under Presidential Decree 60/2007). Useful links: www.opengov.gr
GREECE TRADENET COMMERCIAL ATLAS
Statistics and trends Foreign Direct Investment Despite the severe economic crisis Greece is facing since 2010, the country's performance in attracting foreign investment in 2010 was satisfactory in comparison with the previous year. The total (gross) capital inflows to the country in 2010 amounted to 4 billion Euros, while net inflows exceeded 1.6 billion Euros (www.investingreece.gov.gr).
Inflows of FDI in Greece during the period 2003-2010 (in million Euros)
Investment capital by country of origin Countries with strong investment presence in Greece in recent years include 'traditional' capital exporting countries such as Germany, France, the United Kingdom, Belgium, Luxembourg and the Netherlands (www.investingreece.gov.gr).
Total FDI inflows by country of origin of capital during the period 2003-2010 (in million Euros) GREECE TRADENET COMMERCIAL ATLAS
Total Value: 36.265.8 billion Euros Sectoral Breakdown of Foreign Investment FDI inflows by sector of economic activity in Greece in recent years focus primarily in the tertiary sector, followed, with a significant gap, by the secondary sector. The majority of developed countries shows a similar structure of FDI (www.investingreece.gov.gr).
Total FDI inflows by sector of economic activity for the period 2003-2010
Total value: 36,265.8 billion Euros
Major projects in Greece developed by companies from the Basin Country Company Sector GREECE TRADENET COMMERCIAL ATLAS
Bulgaria BULGARIAN ENERGY HOLDING EAD energy Turkey IPEKYOL
Upon the establishment of the Single Internal Market as of 1.1.1993 the customs control among the E.U. countries was abolished and the movement of goods and services is now freely implemented, subject only to V.A.T liability control. The intra- community trade is now designated as purchases and sales, while the terms import and export refer only to extra-community trade. However, the customs control on exports and imports from and to E.U. countries continues to exist and the customs documents being used in all of the customs offices of the European Community is now called Single Administrative Document (S.A.D.).
The S.A.D. is a customs document, it is filled in by the exporter or the importer, it signed by them, it contains their full details, a full description of the commodity and the tariff heading and is accompanied by an invoice issued by them and mentioning the V.A.T. number and the full details of the purchaser of the commodity. The S.A.D. is called bill of entry or customs declaration and the declarant or the declarants lawful representative is obliged to know the references pertaining to the drawing up of the declaration, depending on the customs procedure to which these persons have asked for the goods to be subject, according to the provisions in force [Council Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93]. According to the National Legislation [Law 718/1977] only the customs broker may act as the declarants lawful representative. (Greek law digest, Nomiki Bibliothiki SA)
Import-export controls I m p o r t s - Restrictions over imports are imposed only in limited cases, in compliance with quantitative quotas, agricultural and commercial policy measures, tariff quotas and tariff ceilings laid down at EU level. The import or export of products that are subject to quantitative quotas requires the issuance of a license by the appropriate department of the Ministry of Finance. In addition, certain goods such as firearms and explosives are subject to special rules or require product clearance prior to importation. Customs authorities are authorized to carry out all the controls they deem necessary to ensure that customs legislation is correctly applied (inspections of the imported goods and their accompanying documents and samples). Customs authorities are also empowered to carry out controls and investigations subsequent to the importation. As of 1 January 2011, Greece has implemented the Import Control System (ICS) of the EU Anti-dumping measures are imposed in compliance with EU anti-dumping legislation. Similarly, countervailing duties are imposed in compliance with the anti-subsidy measures adopted at community level for the protection of the common market from subsidized imports from non-EU countries. Main countries (2010) Import profile of basic commodities: Germany Italy China France Holland UK and USA Machinery Vehicles for transportation Fuel Chemical products Food
E x p o r t s - Entrepreneurs who wish to export goods from Greece to non-EU countries in general need to qualify as exporters and must register with the Special Exporters Registry in GREECE TRADENET COMMERCIAL ATLAS
Greece. If a potential exporter is a foreign enterprise, it must first register for VAT purposes in Greece through the appointment of a Greek VAT representative, who will be responsible to effect the registration with the Special Exporters Registry in Greece on behalf of the foreign entity. Main Countries (2010) Export profile of basic commodities: Germany Italy Cyprus Bulgaria UK USA Russia Switzerland
Food and beverages Industrial products Petroleum products Chemical products Textiles
Further information and updates regarding the movement of goods can be obtained through the following web sites: www.gsis.gr, http://www.gsis.gr/teloneia/main_teloneia.html www.minfin.gr
Tariff and non-tariff barriers
Imports from EU Member States are exempt from all duties. Imports from non-EU countries are regulated by the Community Customs Code, the Common Customs Tariff and the Greek Customs Code, which has been harmonized with Community customs legislation.
When applicable, import duties are calculated on the customs value of the imported goods, which is the transaction value plus all other expenses incidental to the purchase and delivery of the goods to Greece (commissions and brokerage, cost of transport and insurance). The rates of import duties vary depending on the classification of the imported goods pursuant to the combined provisions of the Common Customs Tariff and the Integrated Tariff of the European Communities (Taric).
Special rules apply when goods are placed in customs controlled free zones and free warehouses, thus avoiding payment of any duties, taxes, or VAT until the goods are released. Payment of such amounts may be avoided altogether even when goods are released depending on their ultimate destination. Special rules also apply for temporary importation or for processing.
Duties and VAT must be paid at the time goods are cleared through customs. The use of agents and customs brokers is common. Although an import license is not required, terms of payment must normally be arranged through a commercial bank. Even though acquisitions from EU countries are no longer considered imports as such, terms of payment for such transactions must also normally be settled through commercial banks. Sales to EU VAT residents are not subject to VAT in Greece provided that the VAT registration numbers of the supplier and purchaser are shown on the invoice. Where goods are purchased from an EU resident supplier, VAT is not payable at the border but must be accounted for using the reverse charge mechanism.
Standards of products and services to be introduced on the market
The Hellenic Organization for Standardization was established in 1976 as a non-profit legal entity under private law, subsidized by the State and supervised by the Minister of Industry. Since 1997 ELOT operates as "Socit Anonyme", with the distinctive title "ELOT S.A" under the supervision of the Minister of Development. According to ELOT statutes (Law 372/1976), the Hellenic Organization for Standardization is the sole Body, in national level, for preparing, issuing and delivering standards.
Standardization documents, is the result of national, European or international standardization processes. According to ELOT EN 45020, standardization documents may be standards, technical specifications, codes of practice, rules or technical regulations.
Standardization Process All national standards and standardization documents are prepared by technical standardization bodies of ELOT which are Sectoral Committees (SC), Technical Committees (TC), Working Groups (WG) and Specific Working Groups (SWG). The operation rules for those Committees in described in the document Rules for the establishment and operation of ELOT technical standardization bodies.
More than 1100 scientists participate actively in the ELOT standardization processes, either as delegates from the public or private sector or as experts. For the preparation, public enquiry, approval and issue of national standards and standardization documents, ELOT has established and follows the document Rules for the preparation and issue of Greek standards and Specifications Each interested party, a person or a legal entity of public or private sector, may request to ELOT the preparation of a national standardization document. The request is reviewed, taking into consideration the relevant existing standards.
If ELOT decides the preparation of a standardization document a relevant notification to EC is made, according to Directive 98/34/EEC. The draft national standardization document is prepared by a SC or TC, according to the relevant ELOT rules. If an SC or TC does not exist, then ELOT creates one, according to ELOT relevant Rules.
Standards classification The classification of ELOT standards consists of a unique identification number assigned by the Standardization Division with the prefix (ELOT) for standards and (PRD) for specifications.
Participation in European and international Standardization The following Standardization bodies perform standardization activities in Europe and worldwide: European Committee for Standardization -CAN European Committee for Electrotechnical StandardizationCENELEC European Telecommunications Standards Institute- ETSI International Organization for Standardization-ISO International Electrotechnical Commission- IEC The procedure for the preparation of European and international standards (at least in English) follows specific rules. If a decision is taken to prepare a normative document, a Technical Committee (TC) is appointed for this work. Both at European (CEN, CENELEC) and international (ISO, IEC) level, the standardization work is appointed to relevant TCs. The participants in those TCs are representatives of the national standardization bodies. The Greek delegates are ELOT representatives.
Conformity Marks /Conformity Certificates Conformity Marks /Conformity Certificates granted by ELOT, in accordance with the requirements of Hellenic and European Standards or other normative documents issued by the European Organizations (CEN/CENELEC/ETSI), are defined as Hellenic Conformity Marks / Hellenic Conformity Certificates and are exclusively granted by ELOT.
CE marking CE marking ensures the free movement within the European market of products that conform to the requirements of EU legislation (e.g. safety, health and environmental protection and is a key indicator of a products compliance with legislation. The CE marking is affixed by manufacturers to their products. By placing CE marking on a product, manufacturers declare on their sole responsibility that the products comply with all the legal requirements in force GREECE TRADENET COMMERCIAL ATLAS
in Europe. It is the manufacturer's responsibility to verify that the goods they are selling comply with all relevant legislation or if necessary to have it examined by notified conformity assessment body for that purpose. For more information: http://ec.europa.eu/enterprise/policies/single-market-goods/cemarking/about-ce- marking/index_en.htm
Hellenic Accreditation System S.A The Hellenic Accreditation System S.A., under the distinctive title ''ESYD'', was established in 2002 and succeeded the Hellenic Accreditation Council, which under the same distinctive title, had operated within the Ministry of Development after 1994. ESYD is a private liability company operating in favour of the public interest with the responsibility of the management of the accreditation system in Greece. The share capital of the company has been undertaken by the Greek State.
The Hellenic Accreditation System (ESYD) has been appointed as the National Accreditation Body of Greece according to the requirements of Article 4 of the Regulation (EC) No 765/2008 according to which each Member State shall appoint a single national accreditation body. For more information : www.esyd.gr
Taxation clearing, VAT
Taxation of Profits of Legal Entities The taxation of legal entities has been significantly amended. Hence, the corporate income tax rate of legal entities has been set at 24% for income in the financial year 2011 and at 20% for income from the financial year 2012 onwards.
In addition, 25% withholding tax is imposed on profits distributed by Greek Societe Anonymes and Limited Liability Companies in the form of dividends, Board and Directors fees, profits distributed to personnel, as well as interim dividend payments, made to individuals or legal entities, Greek or foreign. The tax is triggered independent of whether the payments are made in cash or in kind (shares/parts). For profits distributed within 2011, however, the withholding tax rate is 21%.
The withholding tax on dividends may be reduced or eliminated subject to Double Tax Treaties or EU Parent Subsidiary Directive conditions. Dividends distributed by a Greek subsidiary (company A) to a Greek parent entity (company B) are not exempt from such withholding but a credit is provided for the tax already withheld upon further distribution of such dividends by company B. Moreover, in case the parent of the Greek entity company B receiving the dividend is an EU entity, a refund can be requested for the dividend tax originally withheld by company A, if the conditions of the EU Parent Subsidiary directive are met (minimum participation of at least 10% for 2 years).
A participation exemption is introduced on dividends received by qualified EU subsidiaries (i.e. subsidiaries qualifying under the EU Parent Subsidiary directive conditions). Such dividends are not subject to tax at the Greek parent company level on the condition that such dividends are recorded in a special reserve.
Finally, dividends/profits distributed by foreign SAs or LLCs to a Greek individual shareholder will be, in principle, subject to a final dividend tax in Greece at a rate of 21% for 2011 and 25% for 2012 onwards.
Capital Gains from the Sale of Listed Shares For shares acquired prior to December 31, 2011, the existing special stock exchange duty of 0.15% applicable on the sale of shares listed in the Athens Stock Exchange is increased to 0.2%. For shares acquired after January 1, 2012, the taxation of capital gains arising from the sale of listed shares, introduced through previous legislation, has also been amended. GREECE TRADENET COMMERCIAL ATLAS
In particular, capital gains from the sale of shares listed on the Athens Stock Exchange, which are acquired from January 1, 2012 onwards, will be taxed based on the general income tax provisions. Any loss, arising within the same year and for the same reason, shall be set off against such capital gains. Any excess loss following is carried forward - reference is made to the provision on the carrying forward of tax losses (5 years carry forward period). The special stock exchange duty of 0.2% will not apply on the sale of shares originally acquired after January 1, 2012. Taxation of Government and Corporate Bonds The withholding tax of 10% on accrued interest upon the transfer of corporate bonds issued by Greek corporations by a Greek entity is abolished. In any case, foreign bond holders continue to be exempt from withholding tax on Greek bond interest.
Further information and updates regarding taxes: www.gsis.gr
Payment terms
For business-to-business payments the general deadline is 30 days unless otherwise stated in the contract. If both parties agree, it is possible to go up to 60 days. The payment period may be extended beyond 60 days only if "expressly agreed" by the creditor and the debtor in the contract and provided that it is not "grossly unfair" to the creditor.
For public-to-business payments the general deadline is 30 days. If the two parties wish to extend the payment period, this has to be "expressly agreed" and "objectively justified in the light of the particular nature or features of the contract".
Origin rule
Origin is the "economic" nationality of goods in international trade. There are two kinds, non- preferential and preferential.
Non-preferential origin confers an "economic" nationality on goods. It is used for determining the origin of products subject to all kinds of commercial policy measures (such as anti- dumping measures, quantitative restrictions) or tariff quotas. It is also used for statistical purposes. Other provisions, such as those related to public tenders or origin marking, are also linked with the non-preferential origin of the products. In addition, the EU's export refunds in the framework of the Common Agricultural Policy are often based on non-preferential origin.
Preferential origin confers certain benefits on goods traded between particular countries, namely entry at a reduced or zero rate of duty. In either case, an important element in determining the origin of goods is their tariff classification. Goods in trade are identified in the Community by a code number in the Combined Nomenclature (CN) and before trying to determine their origin it is essential that their CN code has been identified.
Movement of goods within Customs unions is not based on their originating status but on the fact that they comply with provisions on free circulation. However, some products in trade with the countries concerned do not fall within the scope of the customs union but remain subject to a preferential treatment based on origin. For more information : http://ec.europa.eu/taxation_customs/customs/customs_duties/rules_origin/introduction/i ndex_en.htm
Marketing aspects
Distribution is a major sector of Greece's economy. In 2010, the Greek retail market was worth 54.3 billion EUR. Commercial establishments represented 45% of companies in the secondary and tertiary sector. Last three years many small shops closed because they could GREECE TRADENET COMMERCIAL ATLAS
not cope with falling demand and rising consumer prices. As a result, department stores, supermarkets and hypermarkets are becoming key components of industry retail sales in Greece, particularly in the context of the economic recession which is currently affecting the country.
Traditional distribution networks - small sized independent merchants serviced by regional wholesalers, continue to be widespread. However, more modern distribution networks have now sprung up and the leaders in food distribution in Greece are now large groups: - the group Marinopoulos Carrefour - the group Delhaize-Alpha Vita Vassilopoulos
The other visible trend is the development of discount supermarkets. However, the discount market remains relatively small in size .
Until 2000, the non-food distribution market was mainly dominated by national groups but the trend has completely changed since then: international groups have started making investments. Thus, the British group Dixons (specialized in electrical home appliances) took over Kotsovolos, Fnac has set up in Athens in 2006 (commercial center The Mall Athens) and Ikea opened its first store in 2001 and today has already 5.
Trade practices As a means of protecting consumers and in an attempt to curb inflation, price controls have been imposed in the past on a wide range of essential products and services. Such controls have taken the form of setting either maximum selling prices or maximum profit margins. Progressively, price controls have been relaxed in Greece and today only a few products (mainly pharmaceuticals) are subject to price controls. Other controls, over quality, product labeling, safety, and advertising are also exercised by the Government. The controls are primarily exercised by the Ministry of Regional Development and Competitiveness through its "Consumer Protection" and "Price Control" departments and the "Public Health Office" as well as by the Ministry of Health through the "State Laboratory for Drug Control".
GREECE TRADENET COMMERCIAL ATLAS
SOURCES OF FINANCING BUSINESS ACTIVITIES
General considerations, types of sources (grants, subsides, loans) Greece has set up a number of funding mechanisms and investors have a wide selection of alternatives for their financing needs to implement their projects.
Private capital continues to be the main funding source for businesses, and choosing the appropriate financial means and instruments is vital for a small or medium business to staying competitive.
The Investment Law is the principal legislation in support of business, providing attractive incentives for investment in all sectors of the economy, which are implemented by companies in the entire Greek territory regardless of their size. These mainly focus on small and medium enterprises and emerging sectors of the economy. Venture Capital and Private Equity financing are at a quite mature stage of development in Greece and have enabled many investors to realize their plans.
Public sources EU, international, national
The Investment Law provides strong financial incentives to realize projects in numerous sectors throughout the country. The new Investment Law provides for aid rates from 15% to 55% dependent on the Region that the investment is realised, and on the size of the company.
Investment categories: 1. General Entrepreneurship 2. Regional Cohesion 3. Technological Development 4. Youth Entrepreneurship 5. Large Investment Plans 6. Integrated, Multi-Annual Business Plans 7. Partnerships and Networking (Clustering)
For more information: www.ependyseis.gr
The National Fund for Entrepreneurship and Development SA (ETEAN) up by substituting N 3912/17-2-11 to all rights and obligations of the SA Guarantee Fund for Small and Very Small Enterprises (TEMPME SA). The ETEAN aims to promote entrepreneurship and facilitate small and medium enterprises (SMEs) to access smart financial products primarily for the implementation of investment projects. So many companies want to increase production, create new products, expansion and internationalization will help, apart from the guarantees, for the provision of low interest and favorable terms of financial products ETEAN. The ETEAN SA supports all types of businesses, whatever their age (under establishment, start and existing) and the three sectors (primary, secondary, tertiary) of the economy. Particular emphasis will be given to supporting businesses focused on activities and products of the new demand of the 21st century and a viable, profitable business and extroverted. For more information: www.etean.com.gr
GREECE TRADENET COMMERCIAL ATLAS
The New Economy Development Fund () is the first company in the competitive development of business risk funds aimed at small to medium-sized enterprises. It was developed as part of the "Competitiveness" operational programme. For more information: www.taneo.gr
The National Strategic Reference Framework (NSRF) 2007 - 2013 is the reference document used for the planning of EU Funds at a national level for 2007-2013. All notices/invitations published in the context of implementing Business Schemes falling under the National Strategic Reference Framework 2007-2003 are available on the website www.espa.gr
Useful links: European Union / An overview of the main funding opportunities available to European SMEs (January 2012 edition) http://ec.europa.eu/enterprise/newsroom/cf/itemdetail.cfm?item_id=5778
Research and innovation
The General Secretariat for Research and Technology (GSRT), provides a central resource for the management of the Greek Research, Technological Development (R&D) and Innovation system. National research programmes implemented by the GSRT and R&D programmes coordinated by the EU at the national level, are the main means of financing R&D in Greece. As regards the utilisation of research funds, the lion's share belongs to universities, followed by research centres and businesses.
The "Competitiveness and Entrepreneurship 2007-2013" operational programme supports research, technology, and innovation in all business sectors. Its main priorities are: increasing investment in knowledge and excellence; promoting innovation; dissemination of new technologies; and the enhancement of entrepreneurship. For more information: www.antagonistikotita.gr
Useful links: European Union/ Research and innovation http://ec.europa.eu/research/index.cfm European Commission/cordis/FP7 http://cordis.europa.eu/fp7
Human resources development A series of programs, which target the development of the human potential and the improvement of their professional skills, are available today to all those that are interested. The programs are implemented from public and private companies, are referring to the employed as much as the unemployed.
The universities and the centers of occupational institution (private and public) offer also a variety of programs and award with certificates of specialization.
In national level, companies can avail from OAEDs (Manpower Employment Organisation of Greece)program laek that gives them the ability to train their personnel by using the amount which corresponds to the employer contribution (0.45%) that spend each month for the personnel training ( www.oaed.gr )
The current season, through the Operational Program Development of Human Resources which is placed among the NSRF 2007-2013, are funding actions for the prevention of unemployment, the social embedment and the reformation of health sector (www.epanad.gov.gr )
Useful links: Operational Program Education and Lifelong Learning www.edulll.gr GREECE TRADENET COMMERCIAL ATLAS
National Organisation for Accreditation of Qualifications & Vocational Guidance, www.eopp.gov.gr Ministry of education, lifelong learning and religious affairs : www.minedu.gov.gr
Private sources, including bank loans Business "incubators" are companies that support start-ups by providing premises, infrastructure and funding. For more information: www.thestep.gr , www.stepc.gr
Venture capitals provide another possible source of funding. It is a type of private equity provided to promising businesses in exchange for a percentage of the shares (approx. 30%) for a period of 3 to 7 years. In Greece there are some 20 companies providing this type of funding. For more information: www.hvca.gr
Financial Institutions, ( Banks), offer to the entrepreneur a wide selection of customised financial instruments and complement the above mentioned financial tools to cover financing needs which cannot be met from other sources or shareholder capital. For more information: www.hba.gr
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GREECE TRADENET COMMERCIAL ATLAS
ENTREPRENEURIAL CULTURE
General considerations Micro, small and medium-sized enterprises (SMEs) are the engine of the Greek economy. They are an essential source of jobs, create entrepreneurial spirit and innovation and are thus crucial for fostering competitiveness and employment.
The National Development Planning in the past decade supports the creation of new SMEs and encourages the development of innovative ideas that lead to new products and services and thus increase productivity and competitiveness of the country.
This is found by the National Strategic Reference Framework (NSRF) for 2007-2013 which aims through all programs (sectoral, regional and European Territorial Cooperation) in the development of entrepreneurship and innovation.
The NSRF and the Investment law are the main sources of financing for development of entrepreneurship and new SMEs.
Enhancing the competence through innovation, especially technological innovation and new business schemes An overview of the operational programs that promote entrepreneurship and innovation:
Operational Programme (OP) Competitiveness and Entrepreneurship Priority 1: Creation and development of innovation, supported by research and technological development This priority aims to accelerate the transition to a knowledge economy by developing innovation and strengthening the roles of research and technology in the countrys production sectors. It focuses on the concept of innovation being the main factor behind development and competitiveness in the Greek economy and society. The priority aims to contribute to increasing the percentage of national income spent on research and technological development. Priority 2: Support for entrepreneurship and cross-border mobility This priority seeks to increase outward-looking entrepreneurship as a means of upgrading production in Greece towards high value-added goods and services offering quality, environmental awareness, knowledge and innovation. It also aims to increase foreign direct investment in the Greek economy and to encourage support for the competitive presence of Greek companies on national and foreign markets. Actions will focus on small and medium sized enterprises (SMEs), but will also include tourism, where emphasis will be put on increasing alternative and special forms of tourism. Priority 3: Improvement of the entrepreneurial environment The existence of an appropriate and healthy environment in support of entrepreneurship is a vital factor for flourishing entrepreneurship and reduced entrepreneurial risk. The aim of this priority axis is to work towards achieving this. Actions will notably seek to modernise financial tools and improve the financial services available to businesses, in addition to ensuring appropriate conditions for free markets to operate in by supporting features such as one stop shops, infrastructures and development tools. Actions in the field of consumer protection will also be funded. Overall, this priority seeks to strengthen market competitiveness and increase investment possibilities.
Priority 10, 11, 12: Enhancing human capital in order to promote research and innovation 1. Enhancing research and innovation through basic and applied research programmes and attracting high level researchers from abroad. 2. Upgrading the level of postgraduate studies in order to contribute to the production and dissemination of new knowledge, with main thrust on MST studies and ICTs. Priority Axis 1: Improvement of Productivity by Utilising Information and Communication Technologies - Specific goals: Promotion of the use of Information and Communication Technologies (ICTs) by enterprises. Offer of digital services to enterprises and improvement of productivity of the Public Sector through the use of ICTs. Strengthening the ICT sector of the economy. Promotion of entrepreneurship in sectors that make use of ICTs.
Lifelong learning The national strategic for the education and the occupational training is focused at the need for development and enforcement of political in national and peripheral level with a way that will allow the development of a contemporary, flexible, dynamic, competitive and fair system of education and occupational training, within the context of European Union, which will be adjusted and correspond to the contemporary conditions, needs and challenges.
The Operational Program Education and Lifelong Learning (www.edulll.gr) within the new Programmatic Period 2007-2013, is targeting the modernization of the educational system and the upgrade of the educational quality in all levels. It is focusing in four (4) Strategic Targets: 1st Strategic Target: Enhancement of the educational quality and promotion of social inclusion 2nd Strategic Target: System upgrade of the initial educational institution and educational training and connecting the education with the labor market 3rd Strategic Target: Reinforcement of the adult education for life 4th Strategic Target: Reinforcement of the human capital for the promotion of research and innovation
Useful links: Ministry of education, lifelong learning and religious affairs (www.minedu.gov.gr) National Organisation for Accreditation of Qualifications & Vocational Guidance, (www.eopp.gov.gr )
Corporate responsibility Corporate Social Responsibility is still in a developing stage in Greece. There are companies that adopt it and are trying to improve it and expand it each year. The majority of the companies that publish a yearly CSR report are mainly private multinational companies.
More information for Corporate Social Responsibility in Greece: Hellenic Network for Corporate Social Responsibility (www.csrhellas.gr) EuroCharity (www.eurocharity.gr) European Business Ethics Network (www.eben.gr )
GREECE TRADENET COMMERCIAL ATLAS
LOCAL RESOURCES FOR CROSS BORDER BUSINESS COOPERATION
Map of Northern Greece
Main economic sectors of cross border interest
Services represent the largest and fastest growing sector of the Greek economy. Trade, banking, insurance, transportation and shipping, communications, healthcare, education, and tourism are the largest service sub-sectors. The world-wide economic slowdown has negatively impacted some of these sectors.
Energy is a best prospect sector for companies because of recent deregulation of Greeces energy sector. There are many opportunities for businesses in the electricity, gas and renewable energy sectors.
Greeces proximity to other countries in south-eastern Europe, and the traditional trade ties of Greek business people with these neighbouring countries, offer a variety of additional opportunities for businesses with Greek partners. Greece, particularly through its northern port city of Thessaloniki, sees itself as a natural gateway to the Balkan countries. Greek firms enjoy good commercial ties to central and eastern European markets as well, including the Black Sea region.
GREECE TRADENET COMMERCIAL ATLAS
Local products and services of cross border interest
KAVALA, the most developed urban center of Eastern Macedonia and Thrace is located just on the road axis of the Thessaloniki-Turkish border. Its geostrategic image is completed by the second largest commercial port of Egnatia Odos which is on the eastern side of the city of Kavala. With a major port and an equally large marina in the city center, in conjunction with the Port of Nea Peramos and Nea Iraklitsa, Kavala is, apart from everything else, one of the major fishing centers of the country. The city is one of the largest fish markets in the Mediterranean, where goods are traded on domestic and international markets. The development of fishery, made urgent the need to create in Kavala, one of the five Fishery Research Institutes operating in Greece. Kavala has a top spot in the area of rendered services, with 40% of residents employed in the tertiary sector. A large part of the local economy is based on the services sector, particularly tourism enterprises, commerce and banking/finance.
The only plant in the country that extracts and desulphurises oil operates in Kavala, KAVALA OIL. Beyond the advantage of having this deposit of black gold on the coast of Thassos, Kavala also has the only, phosphate fertilizer plant in Greece. Tens of other units in the industrial district of the city, most important of them being the units of processing glass and marble, offer thousands of jobs to the citizens of Kavala.
The area of Kavala produces an abundance of agricultural products (grapes, olives, asparagus, kiwi, hazelnuts, honey, etc.) There are many fruit and vegetable packing plants and companies that produce food and wine products.
For more information: www.kavalagreece.gr, www.pekavalas.eu, www.kcci.gr
GREECE TRADENET COMMERCIAL ATLAS
SOURCES
Along with the sources referenced above, the following web sites have been utilized for the documentation of this Atlas.
Hellenic Republic Sources Hellenic Ministries www.government.gr Ministry of Foreign Affairs www.mfa.gr General Secretariat of International Economic Relations and Development Cooperation www.agora.mfa.gr Hellenic Statistical Authority www.statistics.gr Invest in Greece Agency www.investingreece.gov.gr Greek National Tourism Org. www.visitgreece.gr Ministry portal for new enterprises www.startupgreece.gr International Hellenic University www.ihu.edu.gr Bank of Greece www.bankofgreece.gr
International Sources Black Sea Trade and Development Bank www.bstdb.org International Centre for Black Sea Studies www.icbss.org Agencies of the United Nations System in Greece www.ungreece.org
GREECE TRADENET COMMERCIAL ATLAS
ARMENIA
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THE REPUBLIC OF ARMENIA
ARMENIA
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ARMENIA
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COUNTRY PROFILE
General Information
Government type: Presidential Republic Area: 29,743 sq km Population: 3,1 million (2010) Ethnic Group: Armenian 98%, Yezidi 1.2%, Russian 0.5%, other 0.3% Major religion: Christianity - Armenian Apostolic Church 94.7%, other Christian 4%, Yezidi 1.3% Climate: Continental, with lower temperatures and more precipitation in higher elevations. In central plateau temperature varies widely with cold winters and hot summers. Time: Local Time = UTC +4h Life expectancy: 71 years (men), 78 years (women) (UN 2010) Capital: Yerevan
Official language: Armenian Business language: English, Russian Monetary unit: 1 dram = 100 lumas Average Altitude Above sea Level: 1,800m Highest Mountain Peak: 4, 090m Independence: 21 September 1991 Public holidays: 28 May Independence Day 1918 public holiday, 21 September Independence Day 1991 public holiday Other Holidays: 1 January New Year's Day, 6 January Armenian Christmas, Movable feast Easter, Movable feast Easter Monday. Monday after Easter, 24 April - Armenian Genocide, 1 May Labour Day Internet domain: .am International dialing code: +374 Head of State: President Serzh Sargsyan (www.president.am) ARMENIA
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Prime Minister/Premier: Tigran Sargsyan (www.gov.am) Foreign Minister: Edward Nalbandian (www.armeniaforeignministry.com) Membership of international groupings/organisations: ACCT (observer), ADB, BSEC, CE, CIS, CSTO, EAEC (observer), EAPC, EBRD, FAO, GCTU, IAEA, IBRD, ICAO, ICCt (signatory), ICRM, IDA, IFAD, IFC, IFRCS, ILO, IMF, Interpol, IOC, IOM, IPU, ISO, ITSO, ITU, MIGA, NAM (observer), OAS (observer), OIF (associate member), OPCW, OSCE, PFP, UN, UNCTAD, UNESCO, UNIDO, UNWTO, UPU, WCO, WFTU, WHO, WIPO, WMO, WTO.
History and civilization
One of the world's oldest civilizations, Armenia once included Mount Ararat, which biblical tradition identifies as the mountain that Noah's ark rested on after the flood. It was the first country in the world to officially embrace Christianity as its religion (c. 300). In the 6th century b.c.e., Armenians settled in the kingdom of Urarty (the Assyrian name for Ararat), which was in decline. Under Tigrane the Great (fl. 95-55 c.c.e.) the Armenian empire reached its height and became one of the most powerful in Asia, stretching from the Caspian to the Mediterranean Seas. Throughout most of its long history, however, Armenia has been invaded by a succession of empires. Under constant threat of domination by foreign forces, Armenians became both cosmopolitan as well as fierce protectors of their culture and tradition.
After the Turkey defeat in World War I, the independent Republic of Armenia was established on May 28, 1918, but survived only until November 29, 1920, when it was annexed by the Soviet Army. On March 12, 1922, the Soviets joined Georgia, Armenia, and Azerbaijan to form the Transcaucasian Soviet Socialist Republic, which became part of the USSR. In 1936, after reorganization, Armenia became a separate constituent republic of the USSR.
On May of 1990, elections were held in the Supreme Council (SC) of Armenia , which includes the Communists and the opposition - Armenian National Movement (ANM). In August, the Chairman of the ANM, Levon Ter-Petrosyan was elected as the chairman of Supreme Council. On August 23th, 1990, "Declaration of Independence of Armenia" was adopted at the first session of the SC, according to which the Armenian SSR was abolished, and proclaimed the independent Republic of Armenia.
Socio-economic profile
In this decade, the government of Armenia continued tight fiscal and monetary policy and managed to maintain macroeconomic stability. This was backed up by the successive development of export-oriented sectors, such as the inward-processing of precious metals and stones, information technology, and metallurgy and mining. Inflation has been kept at a moderate level as the Central Bank of Armenia centered its policy on price stability, and the local currency, the dram, was allowed to appreciate. Currently, the main policy issue is introducing new instruments for coping with a deep recession and beginning sustainable growth.
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Continuous improvements have been made in the business operating environment in Armenia, and the legislative framework for businesses is quite favorable. Past developments include simplification of licensing and tax registration procedures for companies, simplification of the process for registering property in terms of the number of procedures, time and cost, etc. The country now ranks 55 th out of 183 economies in the World Bank's Doing Business 2012 report. Recent improvements have been notable in the procedures for starting a business. In particular, access to credit information has been strengthened for local businesses and legal procedures for enterprise registration have been further simplified. In addition, the measures to reduce the number of goods requiring inspection and streamline the number of documents needed to clear goods have improved trading across borders in Armenia. Armenia's economic structure has changed significantly since its independence, and services and construction experiencing strong growth became the leading sectors of the economy. Their contribution to GDP reached to 34.7% and 26.9%, respectively, in 2008. The growing importance in services and construction has pushed agriculture's and industry's shares of GDP down to 15.8% and 13.1%, respectively, in 2008. Agriculture showed improved performance in recent years owing to rehabilitation of the irrigation network and the development of more efficient marketing systems. Industry benefited from increasing investment in metallurgy and mining, which together with energy led the sector growth, followed by the food processing subsector. The economy was growing at double-digit rates between 2002 and 2007; growth in 2008 was slowed down to 6.8%, reflecting the impact of the global financial crisis. Economic performance in 2009 has been marked by further difficulties caused by the crisis. The government takes comprehensive measures to reduce the impact of the global financial crisis. Armenia ranks as the most economically free nation in the Commonwealth of Independent States (CIS). Armenia was included also in a list of countries with a high degree of economic freedom in 2011 occupying 36 th place, higher than France, according to the annual survey "Index of Economic Freedom" conducted by the Heritage Foundation / the Wall Street Journal 1 . The largest trade partners of Armenia are EU and CIS member countries. In 2010, 48.1% of the total export has been directed towards EU member countries, 19.1% of export was directed towards the CIS countries. The volume of import correspondingly comprises 42.1% and 30.5%.
Main Financial and Economic Data in Armenia, 2002-2010 2
Main import partners Russia, China, Ukraine, Turkey, Germany, US, Iran.
Main export partners Russia, Germany, Netherlands, Belgium, Georgia, Bulgaria, USA.
Transport infrastructure Armenias primary roads total 10,818 kilometers (km), and are divided into interstate (1,686 km), republican (1,747 km), local (4,271 km), and urban (3,114 km). The road network serves as the backbone of the countrys economic development, providing connectivity within the country, to neighboring countries, and to mainland Asia and Europe (sees below the Communication map of Armenia 3 ). Being a landlocked country, Armenia has an economy that depends on transport and cross- border access. Only two international borders are open: those with Georgia to the north and Iran to the south. The eastern border with Azerbaijan was closed in 1991, and the western border with Turkey in 1993. However, the country's air, rail, and highway networks serve the nation's needs adequately, and the network capacity is adequate for accommodating estimated transport demand up to 2020.
Railway Transport Armenias railway network plays a crucial role in providing mobility for people and freight. Armenia relies on its railway system for about 70% of imports and exports.
Air transport Civil aviation infrastructure consists of two international airports: Zvartnots and Gyumri, and nine local (nonmilitary) airports. Several local and international airlines (such as Armavia (national carrier), Aeroflot, Air France, BMI, Czech Airlines and Lufthansa) provide a number of flights to the largest cities in the CIS, Europe, and Asia. Scheduled flights operate to Amsterdam, Athens, Aleppo, Beirut, Dubai, Istanbul, Frankfurt, Kiev, London, Moscow, Munich, Paris, Prague, Tehran, Tbilisi, Vienna, and other major cities in the world.
Armenia, part of the Black Sea community The Black Sea region 4 is a distinct geographical area rich in natural resources and strategically located at the junction of Europe, Central Asia and the Middle East. With a large population,
3 This map was developed by the cartography unit of Asian Bank of Development. 4 The Black Sea region includes Greece, Bulgaria, Romania and Moldova in the west, Ukraine and Russia in the north, Georgia, Armenia and Azerbaijan in the east and Turkey in the south. Though Armenia, Azerbaijan, Moldova and Greece are not littoral states, history, proximity and close ties make them natural regional actors. ARMENIA
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the region faces a range of opportunities and challenges for its citizens. The region is an expanding market with great development potential and an important hub for energy and transport flows. In spite of significant positive developments in the last years, differences still remain in the pace of economic reforms and the quality of governance among the different countries of the region. Armenia is one of the founder-countries of the BSEC. Armenia has the BSEC representation in Istanbul. There is a representative of the Republic of Armenia in the BSEC Permanent International Secretariat who is responsible for international economic policy and BSEC-EU cooperation - one of the key operational sectors of the organization. A representative of the Armenian Foreign Ministry is a board-member of a number of the BSEC related bodies. As for the main priority areas, it can be singled out the following root issues for Armenia within the framework of BSEC cooperation: transport and energy, agriculture, science, technology and communications, education, small and medium entrepreneurship, environment and tourism, public administration, cooperation in emergency assistance and combating crime etc. Armenia has joined to almost all agreements signed in these areas, particularly on transport and energy cooperation.
ARMENIA
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ARMENIA
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INSTITUTIONAL FRAMEWORK
The Institutional framework for supporting private sector development in Armenia consists of several public and private institutions, as well as cross border and international organizations. Below are presented the description of public and local administration and main institutions which are directly or indirectly engaged in business supporting activities in Armenia.
Public Administration The Republic of Armenia is a sovereign, democratic, social, rule of law state. The state power is administered pursuant to the Constitution and the laws based on the principle of separation of the legislative, executive and judicial branches. The Republic of Armenia has a presidential system of government. The President: The President of the Republic of Armenia is the head of State. The President ensures adherence to the Constitution and provides for regular functioning of legislative, executive and judicial authorities. The President is the guarantor of Republic of Armenia's sovereignty, territorial integrity and security. The President of Republic is elected by the citizens of the Republic of Armenia for a five year term of office (http://www.president.am).
The Executive Power: Executive power is exercised by RA Government. The Government is composed of Prime Minister and Ministers. Based on consultations held with National Assembly factions, the President of Republic appoints the person nominated by the parliamentary majority to be Prime Minister or - where impossible - the person nominated by the largest number of NA membership. The President of the Republic appoints and discharges members of government on Prime Minister's proposal (http://www.gov.am).
The Legislative Power: The single-chambered National Assembly is the supreme legislative authority of the Republic of Armenia. The National Assembly consists of 131 deputies /90 of which are elected on the basis of proportional representation and 41- majority representation/. The National Assembly is elected through general elections for a term of five years. Parliamentary elections were last held in 2007 (http://www.parliament.am).
The Judicial Power: In the Republic of Armenia justice shall be administered solely by the courts in accordance with the Constitution and the laws. The courts operating in the Republic of Armenia are the first instance court of general jurisdiction, the courts of appeal, the Court of Cassation, as well as specialized courts in cases prescribed by the law. The highest court instance in the Republic of Armenia, except for matters of constitutional justice, is the Court of Cassation, which shall ensure uniformity in the implementation of the law. The Constitutional Court shall administer the constitutional justice in the Republic of Armenia.
Structure of the Government Ministry of Territorial Administration /http://www.mta.gov.am/ Ministry of Agriculture /http://www.minagro.am/ Ministry of Culture /http://www.mincult.am/ Ministry of Defense /http://www.mil.am/ Ministry of Diaspora /http://www.mindiaspora.am/ Ministry of Economy /http://www.mineconomy.am/ Ministry of Education and Science /http://www.edu.am/ ARMENIA
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Ministry of Emergency Situations /http://www.mes.am/ Ministry of Energy and Natural Resources /http://www.minenergy.am/ Ministry of Finance /http://www.minfin.am/ Ministry of Foreign Affairs /http://www.mfa.am/ Ministry of Healthcare /http://www.moh.am/ Ministry of Justice /http://www.moj.am/ Ministry of Labor and Social Affairs /http://www.mss.am/ Ministry of Nature Protection /http://www.mnp.am/ Ministry of Sport and Youth Affairs /http://www.msy.am/ Ministry of Transport and Communication /http://www.mtc.am/ Ministry of Urban Development /http://www.mud.am/
Adjunct bodies General Department of Civil Aviation /http://www.aviation.am/ National Security Service /http://www.sns.am/ State Nuclear Safety Regulatory Committee by the Government /http:// www.anra.am/ Republic of Armenia Police /http://www.police.am/ State Committee of the Real Estate Cadastre /http://www.cadastre.am/ State Property Management Department /http://www.privatization.am/ State Revenue Committee /http://www.petekamutner.am/
Local Administration The territory of the Republic of Armenia is divided into 10 marzes (administrative units) and the capital of the country Yerevan which is administered through the law On Local Administration in the City of Yerevan. State governance in the marzes of Armenia is regulated in accordance with the Presidential decree On State Governance in the Marzes of the Republic of Armenia and other laws. Marz governors implement the regional policy of the government. After the adoption of the Constitution of the RA (5 June, 1995) the system of local self-government was established in parallel with the establishment of the state government in public administration of the RA. Powers of the local self-government bodies consist of own responsibilities funded by the local budget, and delegated responsibilities funded by the state budget. Regions are divided into urban and rural communities and Yerevan into districts. Marzes differ in their territories, population size, number of communities and level of economic development. In Armenia local self-government is exercised only within communities level. There are 926 communities of which 48 are urban, 865 are rural and 12 are Yerevan district communities.
Public and private institutions and organizations Below is presented a brief description of main public-private and private institutions which are supporting the establishment of business enabling environment in Armenia, supporting business cooperation and foreign investors, as well as providing business development services: ARMENIA
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Business Support Council of the RA. Business Support Council was created according to decree N 768 of the President of the Republic of Armenia on December, 2000. The Prime Minister of the Republic of Armenia is the Chairman of the Council. The members of the council are representing different government structures as well business community (http://www.ada.am/eng/secretariats/bsc/). Small and Medium Entrepreneurship (SME) Development Council was established by the Government of Armenia 5 in July 2011 as an advisory board to state institutions on development of business enabling environment in Armenia. The Council headed by the Minister of the Economy of the RA, includes 11 member representing state institutions, business unions and associations and international organizations. Armenian Development Agency (ADA) was established in 1998 by the Government of the Republic of Armenia to facilitate foreign direct investments and promote exports. ADA acts as "one-stop shop" agency for investors assisting them in setting up their business in Armenia, helping in project implementation, performing a liaison role with the Government, providing information on investment opportunities in the country, as well as investment related regulations and laws. In its export promotion activities ADA helps to find markets for products, undertakes market studies and seeks out partners for joint ventures aimed at increasing the volume of exports and development of Armenian enterprises. ADA also organizes international conferences, business-forums, trade fairs and exhibitions (http://www.ada.am). Fund SME Development National Center of Armenia (SME DNC of Armenia) has been established by the Government of Armenia in 2002. The support is provided through implementation of Annual SME State Support Programs with resources allocated from State budget. SME DNC of Armenia is governed by Board of Trustees headed by the Minister of Economy. The members of the Board are representing different Government structures and public organizations advocating the interests of SMEs. Fund implements wide range of activities to support business establishment, growth and development including: provision of business information, consulting, training, export promotion programs, innovation support programs, support to start ups, as well as financial support via provision of loan guarantees, seed capital and equity financing. All aforementioned support programs are available to SMEs operating all around the country, through well developed network of regional branches of the SME DNC of Armenia, located in all 10 regions of Armenia (www.smednc.am).
Enterprise Europe Network. Starting from 2008 SME DNC of Armenia has become a host institution for Enterprise Europe Network and functions as a Correspondence Center in Armenia. Currently the Enterprise Europe Network brings together business support organizations from across 48 countries with more than 600 member organizations. This European initiative gives an opportunity to Armenian SMEs to participate in the European business stimulation processes and take advantage of network services on identification of new business partners, establishment of business relations, carrying out the negotiations and endorsing cooperation agreements, promotion of export/import activities, getting and upgrading knowledge and skills for doing business in European Single market and other related services.(http://www.smednc.am).
The National Competitiveness Foundation of Armenia is an independent entity founded through a partnership between the Government of Armenia and a group of leading representatives of the private sector from the United States, Russia, the European Union and the Middle East. The mandate of the Foundation is to achieve breakthrough development toward national competitiveness in key areas of economic activity. The Foundation is focused on Education, Healthcare and Tourism (http://www.cf.am).
The Enterprise Incubator Foundation (EIF) is one of the largest technology business incubators and consulting companies in the region, operating in Yerevan, Armenia. Established in 2002 within the framework of the World Banks Enterprise Incubator project, EIF is called to support the development of information and communication technology sector in Armenia
5 Decree of the Government of the RA, N638, 07.07.2011 ARMENIA
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through creating a productive environment for innovation, technological advancement and company growth (http://www.eif.am).
The Union of Manufacturers and Businessmen (Employers) of Armenia UMB(E)A. The UMBA was founded in 1996, is a not-for-profit non-governmental organization that unites businessmen which hold the leading position in economic entities. The main activities of UMBA are aimed at legal protection of the interests of businessmen and improvement of economic legislation, development of international relations and promotion of export, advocacy of the domestic manufacturers, development of small and medium businesses (http://www.umba.info.am).
The Republican Union of Employers of Armenia was established on 15 November 2007, is a self financing, self-governing, non-profit organization and as a legal entity. The mission of RUEA is to be a powerful and influential structure assuring improvement of business environment and advocacy of business community. RUEA unites 6 regional and 9 sectorial unions. Sectoral unions are: Farmers and Leather-Maker Union, Metalworking and Electronics Industry Union, Union of Information Technology Enterprises, Union of Incoming Tour Operators, Quality Association, SME Development Centre, Union of Builders of Armenia, Union of Tare Packing (Armenpack), Union of Taxi Service (http://employers.am). The Chamber of Commerce and Industry of RA (ArmCCI) was founded in April 2002 in compliance with the RA law on "Chambers of Commerce and Industry". The system of the Chambers of Commerce and Industry includes the CCI of the RA, Yerevan and 10 Regional CCIs, as well as wide range of organizations founded by the CCI of RA including "Armexpertiza" LLC which is the authorized body responsible for issuing Certificates of country of origin of goods based on the expertise. The primary mission of the Chamber is the improvement of business environment, promotion of export and investments, support to small and medium enterprises, providing economic growth of the economy as a final result. Presently, CCI of Armenia is a full member of the following international organizations: International Chamber of Commerce (ICC) World Chambers Federation (ICC WCF) Eurochambres Associations of the CCI of the Black Sea Zone Black Sea Economic Cooperation Business Council CCI board of CIS participant countries The Union of banks of Armenia is a union of banks operating in the territory of Republic of Armenia which was founded on the 27th of July, 1995. At present all 21 commercial banks are considered to be the members of the Union in Armenia. The major tasks of the union are protection of interests of Union members, contribution to the development and consolidation of interbank relations, promotion and integration of the advanced bank methods and technologies, as well as promotion of the integration of bank system of Republic of Armenia into the international one, etc. (http://www.uba.am) Black Sea specific institutions and organizations Black Sea Trade and Development Bank
The Black Sea Trade and Development Bank (BSTDB) is an international financial institution established in 1999 by Albania, Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Moldova, Romania, Russia, Turkey, and Ukraine. With an authorized capital of SDR 3 billion, the Bank supports economic development and regional cooperation by providing trade and project financing, guarantees, and equity for development projects supporting both public and private enterprises in its member countries. At end 2010, BSTDB active portfolio in Armenia amounted to 10 operations approved by the Board of Directors (BoD), involving an investment of EUR 52.7 million. Armenia ranks ninth in terms of BoD approved operations, with 4.6% of the total portfolio and signed operations with 5.2% of the total portfolio. The country ranks sixth in terms of outstanding financing, with 5.9% of the total portfolio. ARMENIA
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Based on the 2011- 2014 Business Plan, the Bank would expect on average to approve new operations in Armenia for approximately EUR 10-15 million per year or approximately EUR 51 million over the four year period (http://www.bstdb.org).
Black Sea Economic Cooperation (BSEC) The Organization of the Black Sea Economic Cooperation (BSEC) was established on June 25, 1992, in Istanbul, when the Summit Declaration was signed by the Heads of State and Government of eleven countries including Armenia. The Organization covers the geography with an area of nearly 20 million square kilometers, including the Black Sea, the Balkan and Caucasian countries, situated on the two continents and representing a region of some 350 million people. One of the key areas of cooperation is trade and economic development. A number of workshops, trainings and exhibitions are being organized yearly within the relevant Working Group in the Member States to facilitate and promote regional trade and attract investments. The complex issues on free trade zone and/or facilitated trade regime in the region are on the agenda of cooperation in trade. (http://www.bsec-organization.org, http://www.mfa.am/en/international-organisations/BSEC/)
ARMENIA
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ARMENIA
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LEGAL FRAMEWORK FOR OPERATING BUSINESS
Starting a business in Armenia
Legal entities are subject to State registration in the Republic of Armenia and they are considered established in the Republic of Armenia as of the moment of their State registration. There are certain options for a person to perform business (commercial) activities in the Republic of Armenia. In particular, a person can either register as an individual entrepreneur or establish a commercial (profit-making) legal entity. Another option is for legal entities (including foreign legal entities) to establish a separated subdivision (a representative office or a branch). Following the recent reforms carried out by the Government of Armenia, the one-stop-shop principle has been introduced for legal entities and individual entrepreneurs. The One Stop Shop, launched within the Ministry of Justice on March 10, will streamline start-up procedures for new businesses, reducing the business registration process. The new system features a one- stop-shop business registration facility. This new simplified business start-up procedures and improved customer service will enable Armenian businesses to save significant time and resources. According to Doing Business 2012 report the globally Armenia stands at 10 in the ranking of 183 economies on the ease of starting a business.
Legal base for procedure to register a company in Armenia
Below is a list of relevant legislative acts: Civil Code of the RA (#AL-239, 5 May, 1998), Law on state registration of legal entities (AL-169, 26 April 2001), Law on individual entrepreneur (#AL-167, 25 April 2001), Law on limited liability companies (AL-252, 21 November 2001), Law on joint stock companies (AL-232, 27 October 2001), Law on licensing (AL-193, 27 June 2001), Law on protection of economic competition (AL-112, 5 December 2000), Law on trade names (#114, 10 June 2008) Law on trademarks (#AL-59, 29 April 2010) Law on permission fees (#AL- 209, 22 December 2011) ARMENIA
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Institutions to be approached As a result of the reforms carried out by the Government of Armenia in 2010 the citizens for registering company will no longer have to turn to several agencies in order to collect the required documentation. The application form should be submitted only to the State Registrar, who coordinates with the State Patent Department for registration of the company name and Tax Service for obtaining tax identification number (TIN). Several public and private institutions are providing relevant services for start-ups for registering their companies, including legal consultancy on registration procedure, preparation of relevant documentation, partner search, advisory services on tax and customs administration and financial reporting, etc. The list of relevant institutions with links and described services are presented in the section Institutional Framework of this Guide.
Forms of business cooperation and ventures recognized by the law
The Civil Code dated 5 May 1998 (and effective as of 1 January 1999), establishes the following legal forms of business: entrepreneurs/Sole proprietors business partnerships (full partnerships and trust partnerships) limited liability companies, supplementary liability companies, joint- stock companies (open and closed) cooperatives representative offices and branches.
Individual Entrepreneurs This form allows individuals to perform commercial activities. Although this form is distinct from legal entities, the provisions applicable for commercial organizations also regulate the activities of entrepreneurs in general. An entrepreneur is allowed to have his/her own seal, a bank account and employees. However, it should be noted that an entrepreneur has unlimited liability for all debts incurred.
Business partnerships Partnerships are a specific type of commercial organizations along with business companies. Partnerships have certain peculiarities, which allow distinguishing them from companies. Partnerships can be established in Armenia in the form of full partnerships or trust (special) partnerships, whilst business companies may choose other forms, in particular a joint stock company, a limited liability company, a supplementary liability company or a cooperative. As an association of partners, a partnership cannot be established by one person. The partners personally participate in the management of a partnership. Therefore, it is not permitted to be a partner in more than one partnership. The partners are personally liable (jointly and severally) for the debts of the partnership. Business entities Limited liability companies A limited liability company (llc or ltd) is a type of business entity, which can be established by one or more persons (called members), each member having a share in the capital. The members have limited liability for the debts of the company and are only liable to the extent of their share in the charter capital. There is no minimum charter capital requirement established for the limited liability companies, except for the limited liability companies acting in specific fields (for example, banks). The members of a limited liability company also have a preemptive right to purchase the share of other members. It should be taken into consideration that it is prohibited by law for companies with only one founder or shareholder to establish limited liability companies in Armenia. Additionally, it should be mentioned that the overwhelming majority of business companies (more than 55%) in the Republic of Armenia are operating under the legal status of a limited liability company.
Supplementary liability companies This form of business entities is rather similar to limited liability companies. The main difference is that the members of a supplementary liability company bear secondary liability for the debts of the company, which bears the primary responsibility. The liability of the members is limited to a multiple of their share in the capital. In the event of the bankruptcy of ARMENIA
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a participant, his portion of liability is transferred proportionally to the remaining participants, unless otherwise prescribed by the charter of the company.
Joint-stock companies A joint-stock company is a business company, the charter capital of which is divided into shares. Joint-stock companies have the exclusive right to issue special type of securities - shares. Joint-stock companies can be established as an open joint-stock company (ojsc) or a closed joint-stock company (cjsc). The shares of open joint-stock companies can be purchased in the open market and can be listed in stock exchanges. There are auditing and information publication requirements for open joint-stock companies. This information is publicly available. The number of shareholders in closed joint-stock companies is limited by law (not to exceed 49 shareholders) and a right of preemptive purchase of shares is provided for the shareholders. There is no minimum charter capital requirement established for joint stock companies, except for the joint stock companies operating in specific fields (for example, banks).
Cooperatives Cooperatives are a specific type of legal entity, being associations of persons joined together for material and other benefits. Cooperatives are formed on the basis of contributions of their members. Certain types of cooperatives (for instance, consumers cooperatives, condominiums) are non-profit organizations and therefore, are not allowed to perform business activities.
Representative offices and branches of legal entities Another option available for performance of activities in the Republic of Armenia is by way of establishing a representative office or a branch. These establishments do not obtain the status of a legal entity. The scope of activities of a representative office is limited to representation and protection of the interests related to the head office. The scope of activities of a branch is larger since the branch is allowed to perform all the functions of the head office or part of them, which means that the branch can perform business activities. Both representative offices and branches operate on behalf of the head office, which provides property thereto. Representative offices and branches have a simpler structure and the management is performed by a director, who is appointed by the head office and acts on the basis of a power of attorney. Representative offices and branches operate on the basis of their charters, which should be approved by the head office. A branch of any foreign company must be registered in the State Register. For this the company must submit the following documents: application of the head of the executive body of the founder or the authorized person of the founder or the head of the branch, the decision taken by the foreign company on opening the branch, the charter of the branch executed by the authorized person of the founding company, the charter of the latter, as well as a document proving that the company is registered in the manner established by the legislation of its country of origin.
Cumulative data on number of commercial legal entities and individual entrepreneurs registered in Armenia as of 01.09.2011 6
Name During 2011 As of 01.09.2011 As of 01.09.2010 Data as of 01.09.2011 towards data as of 01.09.2010, % Individual enterprises 0 7143 7170 99.62 Family enterprises 0 526 529 99.43 Business Partnerships 0 1150 1159 99.22 Subsidiary companies 0 549 551 99.64 Cooperatives 3 4979 5001 99.56 Farms 0 230 232 99.14 Limited liability companies (LLC) 1628 45244 43036 105.1 Closed joint-stock companies 63 3236 3218 100.6
6 Report on Social-economic situation of the Republic of Armenia for January-August 2011, National Statistical Service of the RA http://www.armstat.am ARMENIA
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Opened joint stock companies 6 905 910 99.45 State enterprises 0 127 197 64.47 Union of commercial legal entities 2 99 96 103.1 Total 1702 64188 62099 103.4 Individual entrepreneurs 6868 88361 81228 108.8
Requirements for registering a company, including operational authorization
For registering a company the application form should be filled in and submitted to the State Registrar, who coordinates with the State Patent Department for registration of the company name and Tax Service for obtaining tax identification number (TIN). The state duty for registration of individual entrepreneurs is 3000 AMD. The total registration cost for legal entities is AMD 17,000, including 5,000 for registration of the company name for all business entity types (except for banks, investment funds, and insurance companies, where the fee is AMD 40,000) and 12000 is a state duty for registration. The registration fees could be paid at any Bank. The State Registrar must either approve or deny registration applications within maximum 5 working days following the submission of the required documents. According to the law on state registry of enterprises, a registration may be refused only if the legal entitys founding documents are either incomplete or inaccurate. The rejection of registration may be appealed in court. The online mode of registration will allow Armenian citizens to register their business without having to visit an agency (https://www.e-register.am). Now citizens who would like to register business can file and submit an on-line application. The process of enterprise registration could be carried out within 15 minutes. This web site provides the following services: registration of companies and organizations online; check the status of their applications online; search existing companies and purchase full information about any company. The seal is not required by law but entrepreneurs tend to obtain the company's seal that may be asked during the operations of the company (for instance, by Tax authorities). The fee for seal issuance varies according to turnaround time as following. - 1 day: AMD 15,500, 30 days: AMD 2,800.
The following documents are submitted to the State Register for registration of Individual entrepreneurs: An application signed by the authorized person. Photo of 3X4 size. Copy of the passport. State duty payment receipt.
The following documents are submitted to the State Register for registration of legal entities: An application signed by the authorized representative of the founder. Decision of authorized body on state registration of company name. Receipt certifying payment of the state duty. Resolution of the founder on the establishment of company and approval of its Charter. At least 2 Copies of the founders charter (If the founder is a foreign entity, this document should be certified by a notary and apostiled).
A foreign physical entity who wants to open a firm in Armenia must also attach a translated and notary certified copy of his/her passport to the list of the above required documents. If founder is a foreign legal entity or there is a foreign legal entity in the list of founders, then the Founder must submit the following documents, which should be translated into Armenian and be notary certified: extract from the commercial register of the country of origin of the enterprise, which contains information on organizational form of the enterprise declared at the time of the registration of the legal entity and its legal status; ARMENIA
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founding documents of the foreign legal entity, for instance, the Charter of the enterprise or other equivalent documents; decision of the authorized managing body of the foreign legal entity on founding an enterprise. These documents should contain the following information: the legal status and organizational form of the legal entity; the registration date in the country of residence; the juridical name of the enterprise; the place of residence of the enterprise; the length of activity; the competences of the management bodies of the enterprise (Assembly of the founders, Council, Executive body, Board); the management body, which is competent to make decisions on the foundation of this enterprise, acquiring a share in the charter capital and termination of participation.
Legal requirements for building
The following steps should be completed in order to get the permit to build a construction in Yerevan: Apply and obtain architectural - constructional assignment (APZ) (no charge) from Yerevan Municipality (Architectural and Urban Development Department). According to legislation the official time limit to issue the APZ is 20 days. However, because the technical conditions are obtained individually the APZ is issued subsequent to having all technical conditions from utilities. Request and obtain the following approvals: - technical conditions approval from Yerevan Water and Sewage Company (YWSC), - Request and obtain architectural plan approval from telecommunications provider, - Request and obtain architectural plan approval from electricity provider, - Request and obtain ecological expertise approval from Ministry of Ecology. Request and obtain building permit from Yerevan Municipality: In some regions and districts, as determined by the central authorities, the fee ranges from AMD 21,000 to AMD 350,000. Permit must be issued in 7 days. After obtaining the building permit, the company will need to notify State Inspection of Urban Development of Ministry of Urban Development before construction is started. Additional fees apply for industrial rubbish produced. With a purpose of inspection the construction site may be visited during entire duration of the project at least twice, provided all works are done properly. The Inspections are conducted by Municipal Construction Inspection (once a year) and State Inspection of Urban Development of Ministry of Urban Development (once a year). Request and connect to electricity services and water and sewage services. Request final municipal inspection to obtain occupancy permit from Municipality/State Inspection of Urban Development of Ministry of Urban Development. Cost to complete: AMD 150,000. Register the building with the cadastre. The company must register the building with the cadastre by submitting the land title, the allocation permit, the building permit, and the construction plans. The next step is an on-site inspection, required for metering the building.
The overall procedure will last about 4-5 months and costs about 1-15 mln AMD.
Lifecycle of a company: exit through bankruptcy, transfer of business
A legal entity shall be deemed as closed down on the date of state registration of its closedown. State registration is required also in case of reorganization (merger, unification, split, separation) and transformation of Legal Entities, which is regulated by the Civil Code of the RA (adopted on July 28, 1998) and Law on State Registration of Legal Entities (adopted on 3 April, 2001). Liquidation of a legal person shall entail its termination without transfer of rights and duties by way of legal succession to other persons. ARMENIA
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A legal person may be liquidated: 1) by a decision of its founders (or participants) or of the body of the legal person empowered thereto by the charter, including in connection with the expiration of the time period for which the legal person was created or with the achievement of the purpose for which it was created; 2) in case of declaration by a court that the registration of a legal person is invalid in connection with violations of a statute or other legal acts committed at its creation; 3) by a decision of a court in case of conduct of activity without appropriate permission (or license) or of activity prohibited by a statute, or with other multiple or gross violations of a statute or other legal acts, or in case of systematic conduct by a societal organization or fund of activity contradicting its charter purposes, and also in other cases provided by the present Code. For the purpose of registration of liquidation of a legal entity the following documents shall be submitted to State Registrar: a) an application; b) the liquidation balance sheet and the decision of the founders (participants) of a legal entity or the decision of a body of the legal entity on approving the liquidation balance; c) statements issued by tax and social security authorities on absence of outstanding liabilities; d) a document confirming the return of the stamp; e) the state registration certificate.
For the purpose of registration of liquidation of the individual entrepreneur the following documents shall be submitted: a) an application; b) statements issued by tax and social security authorities on absence of outstanding liabilities; c) the state registration certificate. Where a legal entity is being liquidated, the given regional unit of the State Register shall make a record in the state register book concerning the liquidating legal entity and shall issue a respective annex of the state registration certificate to the applicant basing on the decision on liquidation taken by the founders (participants) of a legal entity or an application and/or a decision of a body vested with respective powers by the charter of the legal entity, as well as the relevant declaration published in the press. A legal entity shall be deemed as liquidated and its business closed down (including the business of a sole proprietor) on the date of entering a relevant record into the state register book, which will be certified by a relevant document issued for that purpose. A legal person also may be liquidated as the result of bankruptcy. If the value of the property of a liquidated legal person is insufficient for satisfaction of the claims of creditors, it may be liquidated only as the result of bankruptcy. The exit of legal entities and individual entrepreneurs through bankruptcy are regulated by the RA Law on Bankruptcy adopted in 25.12.2006. This Law shall determine the reasons for adjudging a bankrupt (an insolvent debtor) a legal entity/entrepreneur, and the procedures of liquidation of the debtors property rights and outlines the obligations of the participants of the procedure.
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INVESTING IN ARMENIA
General consideration and framework The investment policy of Armenia is directed to the formation of the favorable investment and business environment, growth of transparency of the regulating environment, detection of competitive advantages of the country, growth of volumes of investments, on development of market infrastructures and the solution of problems of economic development on the basis of all the above mentioned. The government of Armenia is promoting foreign investment and carrying out an open door policy. The main law regulating the field of FDI is the Law On Foreign Investment adopted in 1994. With small changes it is still considered the main regulatory act. Foreign investment is defined by the Law as investments with no less than 30% of foreign participation at the moment of foundation. There are no legal restrictions to the participation of foreign investors in any economic activity in Armenia. The only exception is set by the Constitution (Article 31), which denies foreign citizens and persons without citizenship the right to own land in Armenia. However, foreigners are allowed to use land through lease contracts with an Armenian counterpart. Furthermore, foreigners have the right to own real estate properties built on Armenian land, and to exploit renewable and non-renewable natural resources on the basis of concession contracts granted by the Government. The current Law of the Republic of Armenia On Foreign Investments is considered as one of the most liberal and successful among the similar laws of the other emerging economies.
The main principles of investment policy of RA are: application of liberal principles of economic activities in investment sphere; maintenance of attraction and stability of the legislation regulating the investments; maintenance equal, not discriminatory economic conditions for foreign and internal investors; granting of the national treatment and most favored nation treatment to foreign investors and investments; maintenance of protection of legitimate interests of investors and investments.
The basic purposes of investment policy of RA are: maintenance of stable economic growth and increase of a living standard of the population by means of increase of economic activity, increase in volumes of investments and creation of a favorable investment climate.
Incentives
The following incentives for foreign investors are available in Armenia: Attractive legislation regulating the investment, Investment guarantees*, Policy pursuing by the Government on attraction of FDI, Stable economic growth, Easy entry to the markets of CIS and the Middle East, Well-educated and skilled labor force, Unlimited recruitment of labor, Profit tax exemption for companies involved in agri-business, Permission of foreign100% property, Stable banking system and monetary unit, ARMENIA
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Competitive price of energy resources, WTO membership since 2003, Liberal trade regime, absence of quote and import licenses, Absence of export duty and VAT return for exported commodities and services, Free exchange of foreign rate, Free repatriation of profit, Worldwide Diaspora, Political and economic stability.
*The Law On Foreign Investments guarantees that, in the event of amendments to the legislation on foreign investment, the law in force at the time the investment were made can, upon the request of a foreign investor, continue to be applied for a maximum of five years from the date of the investment. The Law also restricts the ability of the Government to confiscate or nationalize the property of foreign investors and, where it might occur, requires full compensation. Foreign investors and employees are guaranteed the right to freely repatriate their property, profits, and other goods legally earned as a result of investments or as compensation for services. Under the General Agreement on Trade in Services (GATS) Armenia has scheduled no limitations to foreign investment with respect to both market access and national treatment for practically all activities, with the exception of a few specific services activities (Chapter VI(4)). The Armenian Government has signed bilateral Treaties for the Reciprocal Promotion and Protection of Investments with 44 countries including the USA, Germany, Russia, and France, providing additional guaranties to foreign investors/investments. Additionally, to avoid the double taxation of income and property, Armenia has signed bilateral treaties with 36 countries. Armenia is a signatory to the Convention on the Settlement of Investment Disputes between State and citizen of another state and a member of the International Centre for Settlement of Investment Disputes (ICSID). It also gives extra confidence to foreign investors, provides fast, efficient and high quality resolution of investment disputes. Inflows of foreign direct investment grew at annual average rate of 38.9% between 2003 and 2008, and the net stock of FDI in Armenia reached US$3.4 billion in December 2008.
Types of foreign investments
Foreign investors may make the following types of investments: Establishment of a fully foreign-owned company (including representations, affiliates and branches), or the purchase of an existing company. Establishment of a new joint venture company with the participation of Armenian companies or citizens, or the purchase of the portion of the shares in an existing company. Purchase of different types of securities. Procurement of permit to use the land, or a concession agreement for the use of Armenian natural resources with participation of Armenian companies or citizens. Procurement of other property rights. Other forms of investments.
Competition Policy
The State Economic Policy of the Republic of Armenia in the field of improvement of competitive environment and market protection is aimed at bringing existing legislation of concerned field in compliance with the international standards, exercising of effective control over the adherence to the legislation on the protection of competition, revelation of the existing problems, drawing up proposals on elimination of this problems, protecting domestic producers and consumer rights, ensuring an appropriate environment for fair competition and preventing of anti-competitive practices.
Basic principles in the field of improvement of competitive environment and protection of market of the Republic of Armenia are: ensuring the fair trade and free market, ARMENIA
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application of non discriminated and transparent legislation, ensuring the application of WTO rules and principles, promotion of reforms in the related field.
As a result of the consecutive economic policy of the Government of Armenia became a member of the World Trade Organization /WTO/ in 2003, which is of a huge importance to our country for effective integration to the world economy, neutralization of the negative influence of restrictions of domestic market, as well as, resistance to adverse foreign influence, if necessary. Becoming WTO member, let it possible domestic producers to enter into new markets and participate in international competition and apply protection measures by the country, if necessary. For establishment and improvement of necessary legal base for liberal market economy development and competitive environment formulation in the Armenia the following laws was adopted by the Government of Armenia. The Law On Protection of Economic Competition adopted on November 6, 2000 defines the relations within market parties related to the unfair competition. Pursuant to this law the State Commission for the Protection of Economic Competition (Commission) was established. The main tasks of the Commission are follows: to protect and promote the economic competition, to ensure an appropriate environment for fair competition, prevention and restriction of anti-competitive practices. The Law On protection of domestic market /safeguard Measures/ adopted on 18 April, 2001 determines the relations concerned to application of safeguard measures on the import of products into the territory of the Republic of Armenia. The Law On antidumping and countervailing measures adopted on 19 June, 2002 defines the rules regulating the implementation of anti-dumping and countervailing measures on products imported into the territory of the Republic of Armenia.
Human resources (work force) The main wealth of Armenia is probably its young and highly qualified population (68 % of the population ranges from 15 to 59 years old), among which the level of education is more than satisfactory. As of 2010, the unemployment rate in Armenia made 7% according to the country's National Statistical Service data, which is representing 83.3 thousands officially registered unemployed persons. The labor legal capacity in the Republic of Armenia arises in full from the moment of reaching the age of 16 and in some cases at the age of 14. The retiring age established by the law is 63. Education continues to be one of the main values in Armenian society. Today there are about 68 universities (including 8 foreign universities: American University of Armenia, French University, European University and 5 Russian Universities and 5 Russian Universities), enrolling more than 115,000 students. Armenia ranks 86 th in the UN Human Development Index out of 187 states (2011). Its position goes down by 10 points compared to last year 7 . Between 1995 and 2011, Armenias HDI value increased from 0.595 to 0.716, an increase of 20.0 % or average annual increase of about 1.2%. The labor legislative framework in the Republic of Armenia is contained in the Constitution, as well as the Labor Code and other legal acts in the social and economic field. Article 48 of the Constitution emphasizes that the basic tasks of the State in the economic, social and cultural spheres is, first and foremost, to contribute to employment and the improvement of working conditions for the population.The Labor Code of the Republic of Armenia (LC) was adopted on 9 November 2004. The Labor Code deals with various aspects of collective and individual labor relations.
Land and buildings property rights Real estate ownership right is regulated by the Constitution of the Republic of Armenia, while the land and realty legislation includes laws on property, law on political division, Civil Code, Land Code, Law On (land privatization) farms and collective farming, Law On local self- government, Law On town planning, tax law on land and real estate, etc.
7 The report is based on combined indicators of life expectancy, literacy, school enrolment and gross domestic product (GDP) per capita. ARMENIA
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According to the Article 28 of the Constitution every citizen has the right of property and succession. The foreign citizens (physical persons) as well as the persons without the right of citizenship do not enjoy the right of land property, except for the cases provided by law. If these citizens own any property under ownership right, then they can enjoy only the right to land plot usage, but never an ownership right. Disqualification of the property right may be realized only juridical, only in cases provided by the law. The disqualification for the needs of the society and the state may be realized only in exceptional cases, basing on the law, along with preliminary reimbursement.
Intellectual property rights (IPR) As a member of the World Intellectual Property Organization (WIPO), Armenia has signed a number of international agreements on intellectual property rights.
However, there are several key documents which werent signed by Armenia, such as follows: the Patent Law Treaty, the Singapore Treaty on the Law on Trademarks, the Trademark Law Treaty, or the International Convention for the Protection of New Varieties of Plants. The authorities noted, however, that recent amendments to Armenia's Law on Trademark and the new Law on Patents have prepared the way for it to join these treaties in the near future. Armenia is a member of the Eurasian Patent Office. Armenia has notified the Agency of Intellectual Property (Agency) as the contact point under Article 69 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The Agency was established as separate division acting within the Ministry of Economy, in 2002, following the merger of the Patent Office and the National Agency of Copyright. The Agency is responsible for policy formulation and implementation in industrial property and copyright, including processing applications for patent protection, and trade mark and design registration. It has a cooperation agreement with the European Patent Office (EPO) http://www.aipa.am. The main policy developments in the field of IPR are directed towards improving the legislation aimed at harmonizing it with international standards, making the public active, and making the intellectual property mechanisms more effective and reliable. Recent legislative developments include: adoption of the Law On trademarks (July, 2010), which is in full conformity with the EU relevant directives and the Law On Geographical Indications (July, 2010) to regulate the registration, legal protection and use of appellations of origin and traditional names of products. Public procurement Based on the Strategy of the Public Procurement System improvements approved by the government in 2009 and procurement system assessment reports of the EU and World Bank experts, a government decree on amending the current government decree on the rules and procedures of procurement has been approved and the new Law of the RA On Procurement has been adopted on December, 2010. The Public procurement policy aims to broaden the circle of participants and to foster a competitive, efficient, transparent and non-discriminating procurement process. The Law does not contain any provision to promote domestic suppliers or local content, and it explicitly guarantees equal rights for foreign providers. Armenian legislation allows for the following methods of procurement: open tender, closed tender, restricted tendering, request for quotations, competitive negotiations, and single-source procurement.
Open tenders can be periodic or targeted. A periodic tender involves procurement of periodically used or recurrent items from a list compiled by the Ministry of Finance. All other ARMENIA
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items are procured using targeted tendering. Under the Law, open tender is the preferred method of procurement, but the Law also defines exceptions. For example: closed tenders may be used if the procurement involves state secrets (e.g. military purchases); restricted tendering may be applied due to technical specifications of the procurement item; and single- source may be used in cases of urgent need, of a complementary order or due to copyright or licence restrictions. Armenia has been trying to put in place an electronic procurement system which hopefully will be officially launched in 2012.
The price of procurement subject does not exceed the Procurement base unit. Procurement base unit - an amount equal to 1 million AMD (about 2,600 USD).
From an institutional perspective, government procurement is the responsibility of the Ministry of Finance; the State Procurement Agency (SPA), which is a semi-autonomous Government body under the Ministry of Finance; and procuring entities (including local governments). The Ministry of Finance is responsible for procurement policy and regulation. The SPA is responsible for the actual conduct of procurement in collaboration with procuring entities, and for signing all contracts concluded through open tenders. The role of procuring entities (i.e. budget spending units) is to: prepare technical specifications, delivery schedule, and payment terms; establish tender committees; and supervise contract performance and contractual payments.
Statistics and trends 8
Foreign investments in the Armenian real sector per sector/business, 2010
Sector FDI (thousand USD) 2010 Communication 190655.0 Production and distribution of electricity, gas, hot water and heat 101767.0 Mining Industry 32288.7 Agriculture, hunting and services in these sectors 4784.0 Chemical Industry - Air Transport Activities 24967.8 Food and Beverage Production 1668.4 Real Estate deals 24871.6 Hotels and Restaurants Services 11065.0 Research 727.7 Wholesale Trade 912.7 Accounting 20.2 Transport 37857.6 Other 51413.7 TOTAL 482999.4
Foreign Direct Investment by countries
Country FDI (thous. USD) 2009 FDI (thous. USD) 2010 Russia 384831.2 194539.8 France 197421.4 146787.2 Argentina 48258.2 29751.8 Italy 33480.3 4908.7 Lebanon 13548.8 11292.5
8 National Statistical Service of the Republic of Armenia
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USA 12982.9 6058.3 Germany 19358.0 21951.2 Cyprus 6939.7 11975.9 Netherlands 4569.2 3501.8 Luxemburg 2487.0 5168.0 Belgium 1213.1 1565.5 Other 7028.7 45498.7 TOTAL 732118.5 482999.4
Major projects in Armenia developed by companies from the Basin
Country Armenian Company Sector Year Bulgaria Teletec-M Restaurant Business 2008-09 Greece "MASIS TOBACCO" LLC Manufacturing, sale and export of tobacco products 2000 Greece Intracom Armenia Telecommunication and IT solutions provider 2005 Greece "Coca-Cola Hellenic Bottling Company Armenia" CJSC (CCHBCA) Soft drink manufacturer 1997
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IMPORT AND EXPORT ACTIVITIES
Movement of goods and services, regulatory frame
The Government of Armenia has adopted a policy of free international trade. The objectives of the trade policy of the Republic of Armenia are: Foreign trade liberalization, simplification of the mechanism of export and import tariff and nontariff regulation; Protection interests of producers, promoting an increase in exports of local products; Promotion of external economic relations; Promotion of targeted interventions to ensure the quality of imported products in order to protect consumer rights, to help prevent the illegal move across the customs border of drugs, weapons, objects of historical, ethnographic and cultural values as well as for destruction of plants and animals.
Foreign trade and free trade agreements Armenia has entered into a number of international trade agreements that include: Full membership status in the World Trade Organization since February 2003. Free-trade agreements with most of the CIS countries. Bilateral free trade agreements of the Republic of Armenia have been ratified and are legally binding with the Russian Federation (1993), Tajikistan (1994), Kyrgyzstan (1995), Moldova (1995), Ukraine (1996), Turkmenistan (1996), Georgia (1998), Kazakhstan (2002) and Belarus (2003). For the period 2009-2011 the European Commission has selected Armenia to be one of the 16 beneficiary countries that have qualified to receive the additional preferences offered under the GSP+2 incentive arrangement. Armenia, along with Ukraine, Georgia and Moldova, is one of four countries to the east of the European Union (EU) that has been targeted by the EU for negotiation of the Deep and Comprehensive Free Trade Agreement (DCFTA). Notably, a DCFTA would include negotiation of liberalization of business service sectors, and the considerable emphasis on harmonization of standards with the EU and improved trade facilitation and lower border costs. Foreign Trade of the Republic of Armenia 1997-2010 9
Indexes of export and import in dollars, and GDP Growth, 2000=100%
Volume of export and import by main trading partners, 2008-2010 10
Export
10 Armenia in Figures, 2011, National Statistical Service of the RA http://www.armstat.am 23.6 19.5 19.1 54.1 43.7 48.1 22.3 36.8 32.8 0% 20% 40% 60% 80% 100% 2008 2009 2010 Other countries EU countries CIS countries ARMENIA
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Import
Requirements for registration and documentation
Individuals and entrepreneurs engaged in foreign trade should be registered in the customs, which are performed customs clearance of goods crossing customs border. In these organs for each participant of foreign trade is opened an individual folder organization, which stores copies of all documents submitted by them to Customs. In order to exercise customs control in accordance with Decree adopted by the Government of the Republic of Armenia as of 21 November, 2003 1779-N for registration at the Customs Service as a participant of foreign trade it is required the following documents: organizations charter (copy), instrument of state registration by the taxpayer (copy), certificate issued by the servicing bank on the company's current account (copy), power of attorney from the organization for permission to establish a relationship with customs authorities, customs declaration, copy of customs clearance of goods smuggled through the customs border of the Republic of Armenia, the declaration of the details of the customs value, a document justifying the carriage of goods (waybill), the originals of non-tariff regulation, a passport or other identity document, a document proving payment of customs , and checks, a receipt of purchase of excise stamps, other documents in order to provide benefits under the legislation of the Republic of Armenia. Customs clearance Customs clearance of goods and vehicles moving across the customs border of the Republic of Armenia is exercised in compliance with 15 regimes established by the Customs Code of the Republic of Armenia. The selection of the Customs regime is made by a declarant (physical person or company), which implements import/export transaction. In order to perform a custom clearance of goods imported by companies and individual entrepreneurs, the declarant must submit the following documents: customs declaration, 28.5 31.4 30.5 30.7 27 27.4 40.8 41.6 42.1 0% 20% 40% 60% 80% 100% 2008 2009 2010 Other countries EU countries CIS countries ARMENIA
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invoice or contract of sale of goods, cargo customs notification (waybill). Imported goods are subjects for preliminary external examination in the customs points. After preliminary external examination of imported goods, on the basis of supporting documents, a shipping list must be filled. According to filled out shipping list goods and vehicles are sent to the customs authority, which must carry out customs clearance. In the customs authority, which carries out custom clearance, cargo is declared by a computer system TWM . On the basis of documents and customs declaration submitted in the process of documentation the inspection of goods is carried out according to the following procedures: - release of goods and vehicles without inspection, - release of goods and vehicles with partial inspection, - release of goods and vehicles with full inspection.
After the paperwork and presenting by the declarant of the document certifying the payment of relevant customs payments, goods and vehicles are released. Goods transported across the customs border by physical persons, also to be declared in accordance with applicable law. If necessary, state authorities of the Republic of Armenia may conduct veterinary, sanitary and other controls. Tariff and non-tariff barriers Armenia uses the Harmonized system of tariffs classification. Tariffs are in ad valorem and levied on C.I.F. values. Armenia simplified its tariff structure by maintaining two ways of charging: 0% and 10%. According to the State Revenue Committee affiliated to the Government of the Republic of Armenia, no tariff increase will be exercised and many products are exempted from import duties (for example, equipment, raw materials, pharmaceutical products, manure, and cosmetics). The complete list of all products subjected to 10% can be found on the web site of the Customs Committee. Exported goods are subject to customs duties at the rate of 0%. While most imports are free of prohibitions, quotas, or licensing requirements, there are restrictions for health, security or environmental reasons. These restrictions include requiring authorization for weapons, components used in the production of weapons, explosives, nuclear materials, poison, drugs, strong psychotropic substances, devices for use in opium smoking, and pornographic materials. The import of medicines must be authorized by the Ministry of Health and import of agricultural chemicalsby the Ministry of Agriculture. Armenia is a member of the World Customs Organization and uses the transaction value method of customs valuation, based on the provisions of the 1994 GATT Agreement on the implementation of Article VII. A customs declaration form must be presented along with a pro forma of the goods being imported. Tobacco and spirits require certificates of quality issued by the national certification body, Armexpertiza. Armenia has no export licensing; however for some products exporters need to obtain prior State permission for export operations. Today, Armenian enterprises are successfully exporting their goods and services to the international market. Some examples include processed diamonds, jewelry, molybdenum, gold, copper, silver, synthetic rubber, cables, electricity, alcohol products, cigarettes, canned food, natural juices, mineral water and software products. As of the end of 2008 the major trading partners of Armenia were Russia, Germany, China, Ukraine, USA, Turkey, Iran, Belgium and Italy. The European Union is the major origin of Armenian imports and most favored export estination, followed by the CIS.
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Standards of products and services to be introduced on the market
Issues related to technical regulations and standards are the responsibility of different governmental bodies within the Ministry of Economy of the RA. In July 2003, the Code of Good Practice for the Preparation, Adoption, and Application of Standards was accepted by the Department of Standardization, Metrology and Conformity Assessment of the Ministry of Economy of the RA.
The National Institute of Standards (SARM), a closed joint stock company under the Ministry of Economy of the RA, is Armenia's Technical Barriers to Trade (TBT) enquiry point. Armenia is a member of the International Standardization Organization (ISO) since 1997 (www.sarm.am). Armenia has notified its main legislation regulating its national metrology, standardization, and conformity assessment systems. The Law on Ensuring Uniformity of Measurement, adopted on 26 May 2004, regulates the relationship between governmental bodies and private enterprises, and defines the processes of metrological testing and calibration. The Law on Standardization, adopted on 26 May 2004, regulates the principles of development and application of technical regulations and normative documents on standardization. The Law on Conformity Assessment, adopted on 26 May 2004, defines the legal basis and procedures of licensing of those who participate in the process of conformity assessment. In 1996, Armenia concluded an agreement on mutual recognition of certificates and cooperation in the sphere of standardization, metrology, and certification with Ukraine. Armenia also signed similar agreements with Belarus, Bulgaria, Georgia, Iran, Kazakhstan, Kyrgyz Republic, Moldova, Russian Federation, and Tajikistan. In addition, Armenia has simple cooperation agreements on issues related to standards and technical regulations with China, India, and Slovakia. As in other trade policy areas, Armenia is working closely with the European Commission to bring its regulatory and standards' systems into conformity with the EU system. In 2007, for example, Armenia became a member of the European Committee for Standardization. According to the European Commission, Armenia has made significant progress in the last few years with respect to the harmonization of TBT (Technical Barriers to Trade) legislation; however more needs to be done to improve also the TBT-related infrastructure.
The Testing Laboratory of the SARM carries out tests with the purpose of attestation, if requested by private persons or if ordered by public bodies. In addition, there are around 60 accredited testing laboratories in Armenia.
Product certification can be compulsory or voluntary. The Law on Conformity Assessment provides that compulsory assessment should be implemented in accordance with the requirements of specific technical regulations. Compulsory certification activities are coordinated by the Ministry of Economy, which is responsible for accrediting certification bodies. Certification is conducted by the 19 accredited certification bodies. Decree of the Government of Armenia (No. 976, 29 August 2008) on the Mandatory Conformity Assessment of Products and Services, lists the products subject to compulsory conformity assessment and defines their respective requirements. The number of products was reduced from 65 in 2003 to 17 in 2009; the list includes fish and fish products, vegetable oils, bread and bakery products, toys, radio equipment, and firearms. Certificates are issued based on sample testing, analysis of production systems, quality system certification, or supplier declaration depending on the specific certification. Mandatory certification procedures, as well as fees imposed, are the same for imported and domestically produced goods. In the specific case of pharmaceutical products, both domestic and foreign firms require import permission from the Ministry of Health of the RA, which must be preceded by an application for a license to perform pharmaceutical activities in general. According to the authorities, the procedure of granting import permission is not discretionary and is aimed at verifying the compliance of the medicines with technical regulations, as well as their quality; decisions must be made within ten days of receipt of an application. Permission to import is not transferable ARMENIA
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among importers. Imported pharmaceutical products, like domestic medicines, must be registered with the Ministry of Health of the RA; veterinary vaccines and serums must be registered with the Ministry of Agriculture of the RA 11 .
Taxation- clearing, VAT
Main taxes in Armenia are:
Type Rate
Profit Tax (corporate income tax) 20%
Income Tax (personal income tax) 10-20%
Value Added Tax 20%
Other taxes and obligatory payments :
Property tax; excise tax (oil, spirits, wine, beer, etc.); land tax; social security payments.
Value Added Tax (VAT)
The Value Added Tax (VAT) levied on value of goods imported to Armenia by the Import for Free Turnover customs regime. VAT on goods imported to the domestic territory of Armenia shall be calculated and charged by customs authorities at the border of the Republic of Armenia, except: Goods imported by organizations and individual entrepreneurs, included in a statutory list, the import customs duty rate that is set to 0% and are not subject to excise tax; Goods supplied by foreign states, international intergovernmental organizations, international, foreign and public (including charities), religious and other organizations of the Republic of Armenia of a similar nature, individual philanthropists in programs of humanitarian aid and charity programs; Goods exported from the Republic of Armenia. For goods imported to Armenia are liable to VAT at the time of importation, is calculated on the total sum of the customs value of the goods, customs duty and excise tax. The current VAT rate is 20%. For goods importing to Armenia calculation and collection of VAT by customs authorities justified with customs declarations and payment documents filled in for custom clearance. Customs Valuation
Armenia is a member of the World Customs Organization and uses the transaction value method of customs valuation. To determine the customs value is taken as the basis of transaction price (in fact, the amount paid or the amount to be paid for the goods). Customs value of goods determined in accordance with the Customs Code of the Republic of Armenia, which meet the standards of the Agreement on customs valuation of goods WTO (GATT Article VII). Payment terms
Customs formalities should take 10 days. Payments must be paid within 3 days after the customs formalities, however not later than 10 days after filling the transfer list. Customs charges may be paid through bank branches located in the customs office.
11 Scientific Centre of Drug and Medical Technology Expertise online information, "Medicines Registration". /http://www.pharm.am/ ARMENIA
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In case of late payments of the customs duties exceeding the stipulated periods a penalty shall be levied from the payer in the amount of 0.2 % of the overdue payment of the customs duties for every day of the delay. Customs user fees are mandatory payments levied on behalf of the State Budget pursuant to the procedure and in the amounts stipulated by Customs Code. Origin rule
According to 158 Article of Customs Code of the RA as a country of origin of the goods shall be deemed the country, where the goods have been produced entirely or undergone sufficient processing.
It shall be obligatory to present origin country certificate with the purpose to apply privileges defined by the international contracts (agreements) to the goods transported through the RA Customs border. The absence of origin country certificate shall not be basis to forbid transportation of goods through the RA Customs border. The Chamber of Commerce and Industry of RA 12 is the authorized body responsible for issuing Certificates of the country of origin of goods. The mentioned process is regulated by a number of normative documents. The process of certification is carried out on the basis of business organization's application and embraces the following two parts: expertise and issue of the certificate of origin. The Expertise is conducted by the Certification Department of the Chamber of Commerce and Industry by "Armexpertiza" LLC and the Certificate of Origin is issued on the basis of the Examination Act. At the moment, it is possible to present all required documents for acquiring certificate of origin also by the e-mail: havastagir@armcci.am. Marketing aspects a) Distribution and Sales Channels Armenias domestic distribution channels are adequate for the countrys small size, population, and market. The main storage facilities and wholesale companies are based in the capital Yerevan, the hub for domestic distribution. Retail and wholesale operations are often combined. Brand name recognition depends on the type of product and the Armenian public tends to give loyalty easily to established brands. Armenian and foreign freight-forwarding companies have established a reliable system for transporting goods to and from Armenia. While Armenia's two closed borders limit export-import routes and raise the cost of transportation, Armenian producers, importers, and freight forwarders have adopted reliable, but expensive, transport routes through Georgia. Goods from or bound for Europe and beyond enter or exit the Georgian ports of Poti and Batumi on the Black Sea coast. The overland trip between these posts and Yerevan often constitutes the most expensive part of the journey.
b) Electronic Commerce E-commerce is underdeveloped in Armenia because of limited use of the Internet and credit cards, as well as computer network security issues. Inconsistent and inequitable application of customs duties is yet another impediment to e-commerce development. Use of e-mail for business communication, however, is common in Yerevan and some businesses have recently initiated on-line ordering and other e-commerce techniques.
c) Trade Promotion and Advertising Radio, television and print media are widely available for advertisers, and creative businesses have adopted more modern means, such as painting the sides of public buses. Glass stands with flipping ad posters and billboards have become a common method of advertising. Television holds the majority of the advertising industry's market share. Advertising can be arranged through local advertising agencies, or directly with TV stations, radio stations, and the press.
12 www.armcci.am ARMENIA
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In 1996, Armenia adopted the Law On Advertising that sets advertising standards and principles, including a mandate making Armenian the official language for advertising. Armenian text may be accompanied by text in a foreign language, provided the latter appears in smaller script. This provision does not apply to newspapers, special publications, trademarks, etc., that are issued or printed in foreign languages. An advertisement may be copyrighted under Armenian law. d) Pricing Prices are largely determined by supply and demand. When making pricing decisions, market entrants should consider: The populations low purchasing power; The high cost of transportation; Value-added tax of 20 %; The lack of competition or locally-manufactured products in many categories. The market in Armenia is considerably price sensitive. The public is likely to recognize small price differences among various brands.
e) Sales Service/Customer Support The Law On Consumer Protection was adopted in 2001 on June 26. This law regulates the relationship between consumers and producers (performers, sellers) on the sale of goods (works, services), establishes the rights of consumers to purchase goods (services) of good quality and safe for life and health of consumers receive information about goods (works, services) and their producer (executor, salesperson), state and social protection of their interests, but also defines a mechanism for enforcing such rights. In Armenia the concept of customer support for products and services is not well developed. Most stores, including brand name operations, are reluctant to allow returns of purchased items. There are an increasing number of companies, however, that provide explicit warranty services and consulting follow- up on the services rendered. Phone-based sales service or customer support is not common. In most cases, customers need to approach the vendor in person.
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SOURCES OF FINANCING BUSINESS ACTIVITIES
General considerations, types of sources (grants, subsides, loans)
A wide range of business financing products and services to individual as well as corporate customers are available in Armenia, including loans, project financing, equity financing, leasing, factoring, guarantees, subsidies, etc. Financial system reforms of the recent years focused on banking sector development and banking supervision, capital markets development, micro-finance, SME development, accounting and legal framework. The government has outlined a program to increase financial intermediation by establishing deposit insurance, thereby building the publics trust and confidence in the system and resulting in the attraction of more savings deposits. In addition, with the support of the government a number of SME lending facilities have been initiated recently to boost lending to the private sector. Through these facilities the government has made available much-needed resources in local currency for lending to the private sector to weather the effect of the financial and economic crisis. The international community renders significant assistance to the banking sector. The assets of the Armenian banking system increased by 15.9% (1,560 billion AMD as of 31.12.2010) and capitalization by about 14.5% (318.9 billion AMD as of 31.12.2010) during 2010. The net profit of Armenian banks reached 30.2 billion AMD. The banking system is mostly regulated by three laws: the Law On the Central Bank of the Republic of Armenia, Law On Banks and Banking Activity and the Law On Bankruptcy of Banks, Credit Organizations, Investment Companies, Investments Funds Managers and Insurance Companies. The number of services provided by the banks has increased significantly over the past few years. In addition, the financial sector is developing with the establishment of nonbanking financial institutions such as credit organizations, insurance companies, investment funds and brokerage companies, which constitute an additional driving force towards aiding foreign investments. Leasing is also very powerful tool for trade facilitation. A few Armenian Banks and credit organizations are specialized on leasing deals, including ACBA Leasing Credit Organization, AGRO Lizing, Farmcredit, etc. The biggest player of the Armenian financial market is banking sector that accounts for about 92 percent of assets of the financial system. As of June 30 2011, the Armenian financial market numbered 21 commercial banks (with 418 branch offices.
As at June 30 2011, other players of the Armenian financial market included: 31 credit organizations (with 60 branch offices) 9 insurance companies and 4 insurance brokerage firms 119 pawnshops 236 exchange offices 1 legal entity currency dealers 10 money transferring companies ('HayPost' CJSC, 'Armenian Express' CJSC, 'Depi Toun' LTD) and 6 organization dealing with processing and clearing of payment instruments and payment documents ('Armenian Card' CJSC) 8 investment companies, NASDAQ OMX Armenia and Armenian Central depositary 15 reporting issuers www.banks.am, www.cba.am, www.finport.am, Note: USD or EUR equivalent of amounts indicated in AMD may be calculated using the official exchange rate established by the RA Central Bank (www.cba.am)
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Public sources national, international
Private Banks limit their lending operations to short-term loans in local currency at high rates of interest (18-24%). These banks usually demand collateral of adequate or higher market value (houses, cars, gold, etc.). Project financing is very limited unless implemented through subsidized loan programs funded either by Government of Armenia or by foreign governments and multilateral financial institutions, and aimed at private business development. Even semi- guaranteed loans tend to have annual interest rates of up to 15-16%.
National Programs
Government of the RA has initiated the implementation of the anti-crisis program since 2008. The main purpose of the anti-crisis program was to ensure the macroeconomic and financial sustainability, identification and introduction of additional incentives for economic growth. One of the main steps on the way to achieve aforementioned goals was the provision of temporary support to entrepreneurship, particularly via direct crediting, provision of loan guarantees, subsidies and equity financing. Support has been provided through financial support programs of the Fund SME Development National Center of Armenia (Start-up credits, Loan Guarantees, Equity financing) and "SME Investments" Universal Credit Organization (direct crediting and equity financing). Detailed information on financing procedure, terms and conditions could be found following the links http://www.smednc.am , http://www.smeinvest.am.
With the decision of the Armenian government additional recourses have been provided in spring 2011 to the Ministry of Finance for subsidizing the loans provided to the sphere of agriculture. Agricultural subsidized loans are being provided in Armenian dram by 10% of annual interest rate.
In the framework of the Rural finance component of the Farmer Market Access Program in Armenia the Fund for Rural Economic Development in Armenia (FREDA) was established on January 8, 2009, which is a joint activity between the Government of Armenia and the International Fund for Agricultural Development (IFAD). The Fund carries its operations since September 1, 2009. FREDA is the first investment fund in Armenia with a rural focus that makes investments in rural SMEs by providing innovative financing instruments and capital and management assistance, thus enabling the enterprises to improve their competitive position and thus contribute to accelerate rural development. FREDAs overall objective is as to alleviate poverty through the economic development of rural areas in Armenia. FREDA is governed by the Board of Trustees headed by the Prime Minister of the Republic of Armenia. (http://www.freda.am).
International Programs The following are the key donors in Armenia active in the financial sector: EBRD, IMF, World Bank, IFC, KfW and USAID. The IMF has largely focused on macroeconomic issues of critical importance to stability. This has mainly comprised monetary and fiscal matters, along with statistical work. The World Bank has been active with structural reform in Armenia. This has included legal reform, efforts to strengthen the business environment, public-private partnerships in the energy and infrastructure fields, and initial improvements in pension administration. Active projects of relevance to financial sector reform include agricultural reform, municipal development, title registration, judicial reform, irrigation development, and an enterprise incubator project. The International Finance Corporation (IFC) finances project investments and insurance in Armenia. IFCs priorities in Armenia include supporting the development of small and medium enterprises to create employment opportunities expanding access to finance, promoting energy efficiency to increase the competitiveness of local companies and mitigate climate change, and helping banks and companies overcome the consequences of the global financial crisis (http://www.ifc.org). The European Bank for Reconstruction and Development (EBRD) also actively supports public and private sector development in Armenia. The EBRD offers a wide ARMENIA
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range of financial instruments and takes a flexible approach in structuring its financial products. The principal forms of direct financing that the EBRD may offer are loans, equity and guarantees (http://www.ebrd.com). The BAS Programme, administered by the TurnAround Management (TAM) and Business Advisory Services (BAS) Programme Team at the EBRD, was established in 1995 to support the continuing development of private enterprises. The Programme works directly with enterprises to define their consultancy needs and to specify the terms of reference for services to be provided by local consultants. EBRD BAS Programme for Armenia offers a wide range of professional consulting services to eligible SME's, paying up to 50% of consultancy costs for approved projects (http://www.bas.am).
Research and Innovation
Supporting Exceptional Armenian Science
The Science and Technology Entrepreneurship Program (STEP) Business Partnership Grants competition (BPG) has been initiated by CRDF Global, the Enterprise Incubator Foundation (EIF) and the Ministry of Economy of the Republic of Armenia promoting research and development partnerships between companies (Company Team) and teams of scientists (Science Team) to develop new commercial opportunities of economic benefit to both parties. STEP BPG projects must have research and development (R&D) as their core task and must include a preliminary market assessment; a customer needs analysis, and business development components. STEP BPG projects are limited to a maximum of 12 months. Funds for projects are provided by the CRDF Global and the Ministry of Economy of the Republic of Armenia and are limited to $15,000. All funds must be used for Science Team expenses. In support of the goals of the Business Partnership Grant competition to increase the number of linkages between the science and business sectors, preference will be given to newly-formed science- business partnerships. Since 1996, CRDF has awarded 141 grants to 560 Armenian scientists, including 163 former weapons researchersand has committed more than $5.9 million. Additionally, the Armenian government has committed more than $172 thousand to further support these projects.
Eurasia Partnership Foundation in Armenia
Eurasia Partnership Foundation through its Open Door Grant Program supports innovative and sometimes risky pilot projects and testing new ideas on a small scale. When projects supported through the Open Door Grant Program demonstrate success, the Foundation can help to replicate them on a larger scale or in different geographic areas. The Foundation accepts and reviews unsolicited grant proposals on a rolling basis. Any organization registered in Armenia (or registered in another country and working in partnership with an Armenian organization) is eligible to apply. There are no deadlines for Open Door grant applications. Current programmatic priorities are: Creating Opportunities for Civic and Economic Participation Building Capacity for Evidence-Based Research to Improve Policy-Making Fostering a Culture of Corporate and Community Philanthropy Cross-Border Cooperation http://www.epfound.am EU 7 th Framework Program for research and Technological Development
The Seventh Framework Programme (FP7) bundles all research-related EU initiatives together under a common roof playing a crucial role in reaching the goals of growth, competitiveness and employment; along with a new Competitiveness and Innovation Framework Programme (CIP), Education and Training programmes, and Structural and Cohesion Funds for regional convergence and competitiveness. FP7 National Information Point (NIP) in Armenia was established at the National Academy of Sciences of RA. The main objective of the NIP is promoting more active participation of Armenian Academic institutes, universities and branch research institutions and SMEs in European research programmes through wider dissemination of ARMENIA
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information about European Research Area (ERA) and Framework Programmes and providing consultancy to Armenian research community (http://nip.sci.am).
Private sources, including bank loans All banking transactions are possible in Armenia (opening a bank account, banking transfers, currency exchange, collection of liquid assets, letters of credit, bank guarantees, credit card services, check books), even if some of them are less frequent than others. The majority of the banks, for instance, offer checks issuance services, but this method of payment is hardly ever used in the country. Operations with credit cards are more frequent, even though this system of payment is not yet widely spread. All banks offer their own credit cards and ATMs. More and more shops are accepting payments by credit cards. As of the end of June 2011, the following 21 commercial banks are operating in the Republic of Armenia (http://www.banks.am/am). The capital of the Armenian commercial banks significantly increased in recent years, with: Total equity amounted to AMD 339.7 billion (30.06.2011) Total assets amounted to AMD 1trillion 759 billion (30.06.2011) Total liabilities amounted to AMD 1trillion 520 billion (30.06.2011) Business Lending Many banks extend the business loans to traders in the form of short-term (usually from 3 months to 1 year) working capital loans, as well as longer 1-3 year loans for capital expenditures. The banks working with international financial institutions such as KFW-German Armenian Fund, EBRD Lending Program, Eurasia Partnership Foundation, etc. are able to provide up to 5 years or in some cases even longer term loans. Those credits in general cover the needs of enterprises involved in export/import businesses as well, by providing them flexible terms and conditions. The banks use various lending instruments such as credit lines, roll over credits, etc. to match the companies business cycles and existing trade arrangements to repayment schedules. The annual interest rates vary between 12%-24%, with the max loan size of 200,000,000.00 AMD, in some cases even more. Specific Export Credit is not available in Armenia, thus bank loans at high interest rates or own resources are used to finance exports. Trade Finance in Armenia is provided by commercial banks in form of documentary credits (letters of credit) and bank guarantees. These services are provided by majority of Armenian banks. Multinational companies present in Armenia use intercompany financing methods whereby their parent company or a sister affiliate provides an intercompany loan at a favorable interest rate. Often multinational companies can raise working capital without applying to the local financial institutions for credit. The commercial credit and trade facilities provided by the banks generally require adequate security cover to be provided by the customer. Security is not the primary factor for the assessment of a proposal; however the availability of adequate collateral securing the requested commercial credit and trade facilities is necessary. It is worth mentioning that all Armenian banks are audited every year by an authorized independent auditing company with international exposure. Anyone may legally open foreign currency accounts in commercial banks. Foreign currency deposits may be made in these accounts, without any restrictions to withdraw. Companies may convert currency without any limitation. They can open foreign currency accounts in Armenian or foreign banks. There are no limits on the transfer of funds through banks. According to the Doing Business 2012 report globally, Armenia stands at 40 in the ranking of 183 economies on the ease of getting credit.
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Ranking of Armenia in Getting Credit - Compared to good practice and selected economies:
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ENTREPRENEURIAL CULTURE
General considerations
Historically, Armenia has always been notable for its craftsmen and artisans, and, since Armenia has had to develop new sectors of its economy since the dissolution of the Soviet Union, skilled labor has made a resurgence with the creation of precious stone processing, jewelry-making, and information and communication technology. Armenian women and men have long expressed their creativity through exquisite wood carving, fine metal work, and complex, high-quality needle laces, knitting, crochet, and embroidered textiles intended for household use, everyday clothing, and traditional costumes. Many designs link artisans to family regions where crafts were often village-based. Armenians consider knowledge of needle art techniques a heritage of critical importance for successive generations of women. Enhancing the competence through innovation, especially technological innovation and new business schemes
Using intellectual potential, capabilities and achievements of scientific-technical complex of the Republic of Armenia, as well as introduction into the economy of scientific and technological activities considered by the Government of the Republic of Armenia as one of the main directions of economic development. At the same time the most important task is promotion of high performance knowledge-based economy to enhance the competitiveness of domestic products at world markets. The most effective way to develop the real sector of the economy of the Republic of Armenia is creation of a national innovation system. To implement the Concept of plants nominated by the Government of the Republic of Armenia, the Program on development of innovative systems for the period 2005-2010 in the Republic of Armenia has been adopted. Targeted implementation of complex measures presented in the Program, is the basis of the national innovation system. In 2006, it was adopted the Law of the Republic of Armenia "On State Support for Innovation", which defines the basis of formation and implementation of state innovation policy, the mode of state support to innovation activity. In 2007, the decision Government of the Republic of Armenia adopted procedure of financing of innovative projects on a competitive basis and procedure for implementing programs to support innovation. The scientific-technical sphere of the Ministry of Economy of the RA represents multiple- discipline system. It incorporates about 20 scientific and scientific-technical organizations, which include joint-stock companies and the state noncommercial organizations that carried out the fundamental, applied and technological investigations, research-development works ( National Center of Innovation and Entrepreneurship, Gyumri Technopark, TUMO center, etc).
Lifelong learning The legislative and political frameworks of Adult Education and Learning are reflected in the number of legislative documents of the Republic of Armenia (RA).
The Law on Education of the Republic of Armenia was adopted in 1999 and contains the basic, framework approaches and principles of the management, financing and methodological support of the whole field of education.
Article 26 of the above mentioned Law concerns the issues of additional education, creating certain frameworks for adult education:
1. Additional educational programs are implemented with a purpose to satisfy the needs of the citizens and the public in education. Within the framework of each level of professional ARMENIA
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education the main objective of additional education is the continuous growth of the qualification level of a person.
2. Additional education is provided by educational facilities of general, vocational and additional education, as well as through individual pedagogical activity, the regulations of which are established by the Government of the Republic of Armenia.
One of the strategy tasks for achieving that goal was Lifelong education, which includes adjustment or updating of any kind of the knowledge or skills of the workforce, required from the employees in order to keep their job or from unemployed to find a job. Workforce shall have an opportunity to learn during his/her whole working life, upon his/her desire and/or according to the requirements of the job market. The priority goals of Adult Education in the Republic of Armenia are defined by the RA Concept Paper and the Strategy on Adult Education and the Concept Paper on Non formal Education. According to these documents: The goal of Adult Education is to provide the citizens, according to their abilities and health conditions, with new professions and jobs as well as to facilitate their ability to get adjusted to social conditions.
Under the conditions of absence of the Law on Adult Education in the Republic of Armenia, at present, a certain system of state regulation of that field is also missing. However, a number of Ministries (RA Ministry of Education and Science, the Ministries of Justice, Health Care, Culture etc.) and agencies (RA Police, Customs, Tax and other services) organize training and quality raising courses for the specialists, working in their respective fields as well as for unemployed and job seekers organized by the RA Ministry of Labour and Social Affairs.
Corporate Responsibility According to Decree of the Government of the Republic of Armenia 97-N as of 21 January, 2010, the Project was approved on Corporative Governance Code adoption in Armenia. The objective of this Project is to promote high standards in regulation of corporate entities and protection of rights of shareholders. The Project aims to increase corporate governance standards applied by Armenian companies and ultimately increase the attractiveness of the Armenian market. To this extent the Project is resulted in the elaboration and introduction of a set of corporate rules and procedures that lay the ground for a fair and flexible corporate policy and business administration, including improvement of relations between companies and their shareholders and creditors. The application of good Corporate Governance Practices will help Armenian companies to have access to foreign capital and gain the trust of domestic and foreign investors. The Armenian Corporate Governance Principles are recommendations to all types of companies, especially for joint stock companies and those which are willing go public. The Armenian Corporate Governance Code, in addition to the national legislation, is an effort to improve corporate governance at the national level. The basic principles of the Code are recommendations for the companies in order to ensure that the bases of effective corporate governance are covered. The code is intended to give generally accepted recommendations on the principles of good Corporate Governance.
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LOCAL RESOURCES FOR CROSS BORDER COOPERATION
Main economic sectors of cross border interest
Despite its small size, Armenias economic structure is very diversified. Contrary to other economies in the region, this condition shielding Armenia from dependency on one or two major sectors and negative global trends. The Armenian government promotes an equitable treatment for all sectors while continuously improving the overall business climate. Armenia is strong in many sectors. The main priority sectors of cross border interest are information and communication technologies (ICT), tourism, mining, food products, Jewelry, Textile and Clothing. The main trading partners of Armenia are EU, CIS countries and USA. The EU has become the main trade partner of Armenia since 2004 comprising 48.1% of overall exports and 27.4% of overall imports of Armenia for 2010.
Share of main trade partners by countries in the exports of the Republic of Armenia (2006-2010)
Export and Import by principal commodity groups are presented below 13 :
Export of the Republic of Armenia by principal commodity groups (2006-2009)
Import of the Republic of Armenia by principal commodity groups (2006-2009)
Local products and services of cross border interest Information Technologies Armenia is one of the leading information technology nations among the neighboring CIS and Middle East countries. The growth of the present-day IT industry in Armenia can be traced back to the Soviet era during which time Armenia was a key science, R&D, and high-tech manufacturing center of the former USSR. At the peak of its growth in 1987, the science and technology sector in Armenia employed, according to various estimates, around 100,000 specialists. Independence in 1991 opened up new opportunities for the industry and particularly for entrepreneurs and IT professionals. The focus of the industry shifted from major manufacturing operations to the software and services segment, which has witnessed substantial growth during the period from 1998-2008. Nowadays the Armenian software and IT services sector is one of the most successful and fastest growing industries in Armenia and its contribution to GDP is comparable to countries like Germany and India. Armenia can
13 Statistical Yearbook of Armenia 2010, National Statistical Service of the RA http://www.armstat.am 0% 20% 40% 60% 80% 100% 2006 2007 2008 2009 other textile ready food product equipments mineral products non - precious metals and things of them precious stones and metals, things 0% 20% 40% 60% 80% 100% 2006 2007 2008 2009 other non - precious metals and things of them ready food product chemicals products of vegatable origine precious stones and metals, things of them equipments mineral products ARMENIA
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competitively satisfy the needs of IT companies seeking access to a highly qualified talent pool of IT specialists at very cost competitive rates. In recent years, the sector has witnessed major inflow of foreign investors who have located in Armenia to capitalize on the young and highly qualified workforce. Around 62% of the industrys output is exported to over 20 countries, mainly USA, Europe, and NIS. The major specializations include embedded software and semiconductor design, custom software development and outsourcing, financial applications, multimedia design, Internet applications, web development, MIS and system integration.
Food & Drinks Armenia has a fast growing food processing sector with great export potential, based on domestic ecologically clean agro-products and excellent climatic conditions. Today, the Agriculture sector is the largest employer in the country and accounts for approximately a 17% of GDP. Fruits and vegetables grown in Armenia are distinguished by taste and absence of chemical fertilizers. Grain crops, vegetables and fruits including grapes, figs, pomegranates, apricots, peaches, potatoes, sugar beets, tobacco, cotton, specific oils (such as geranium), peppermint, and special teas are cultivated in Armenia. The proof of the quality of Armenian foodstuff is shown by the growth of exports. Since 1995 food processing has been one of the leading industrial sectors. Food processing enterprises mainly specialize in fruit and vegetable canning (fruit juices, jams, tomato paste, marinade, child nutrition etc); beverages (wines, beer, champagne, mineral water, etc.); meat and meat products (smoked meat, sausages etc.); milk and other dairy products (different types of cheese, sour-cream, matsun (yogurt), curd, ice-cream, etc.); flour and bread; tobacco and cigarettes. Large growth has been recorded in fishing, sausages, beverages, and nonalcoholic drinks. Fast growth in the agricultural sector has led to import substitution by domestic production during the last years. Investing in food processing will give foreign investors the opportunity to enter the CIS market, and to enjoy the high quality - low cost - high profit triangle. Even in Soviet times Armenian cognac was well known in the world, and it was Churchills favorite drink. In 1998, the Yerevan Brandy Company (YBC) became part of the International Group Pernod Ricard. YBC brandies are exported to more than 20 foreign countries and are well recognized not only in Russia, but also in the USA, Canada, Japan, France, Germany, Israel, and the Baltic States. Jewellery and Diamonds Jewellery and diamond processing are considered a very attractive field for investment in Armenia based on the existence of skillful diamond cutters with competitive wage rates, modern equipment and tax privileges (no taxes on the import of raw materials and on the export of finished products) in Armenia. Precious and semi-precious stones are one of the main exporting products constituting about 16% of all exports as of 2009. Large proportions of these exports are polished diamonds, imported into Armenia in their rough state for finishing, thus taking advantage of Armenia's skilled jewelers with competitive labor costs. Over the past years, Armenia has become a sparkling participant in the diamond industry. There is even a finishing method known as the Armenian cut. Currently Armenia specializes in diamond cutting and polishing. Diamond processing is a predominant part of this sector's activities. Nevertheless, jewelry, including gold accessories, golden wristwatches, jewelry articles and processing of semi- precious stones are also important and have a long tradition in Armenia.
Tourism Armenia is one of the most ancient countries in the world existing since the times of Babylon, Assyria and Egypt and once counted among the great powers. Greek Historians first referred to ARMENIA
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the land of Armenia about 3000 years ago. Armenia was the first country to adopt Christianity as the state religion in 301 AD. Armenia is an emerging market for most of the trends in tourism industry, especially spa resorts, agro tourism, organic hotels, etc. The key benefits of Armenia as a tourism sector investment location are: Excellent Investment and Business Climate, New and Developing Niches in Tourism Sector, Outstanding Sanative Factors of Wide Range of Minerals Waters, Diversified Ecosystem, Unpolluted and Beautiful Nature, Growth of the Number of Incoming Tourists. Foreigners call Armenia The Museum under the Open Sky. There are more than 5,000 historical and cultural heritage monuments in the country including the best examples of early Christian Art. One of the key facts to indicate tourism sector development potential is an annual number of incoming tourists. During the last decade the number of incoming tourists in Armenia was increasing by 20% in average. In 2009 it constituted 575,281 tourists, which is approximately 15- 20% of the countrys population. Armenia is also famous for its wide range of mineral water springs all over the country. 700 of them are studied to the present moment. They differ in their gas/chemical composition and temperature varies from 4C at Gridzor to 83C at Sevaberd. The most famous are mineral water springs are Jermuk, Bjni, Arzni, Dilijan, Sevan and Hrazdan where spa resorts and rest houses are situated. The bottled waters are also exported. Tourism sector has large opportunities for development and considered as one of the priority sectors by the Government of Armenia. Mining Armenia possesses important reserves of copper, molybdenum, lead, zinc, iron and gold. It is also rich in construction stones (tuff, marble, granite, basalt, lime-stone, etc.), semi precious stones (obsidian, agate, jasper, etc.) and other materials such as bentonite, perlite, zeolit and diatomite. A major part of mining production is exported. These products ranked third in total Armenian exports (11%) in 2000 and 2001. There are plans to implement a program for reviving and developing the mining industry, with the objective of raising the extraction of cooper and molybdenum, increasing the degree of processing and exporting semi-finished products instead of raw materials. The copper, copper-polymetal and copper-molybdenum deposits in the north of Armenia contain about 475 million tonnes of mineable ore. The largest producers of copper and molybdenum concentrates are the Zangezur and Agarak Copper-Molybdenum Complexes, followed by the Kapan and Akhtala Mountain-Enrichment Complexes. Armenia is the biggest manufacturer of aluminum foil in the region, as well as the largest producer of aluminum household foil and related products in the Middle and Near East.
TURKEY TRADENET COMMERCIAL ATLAS
TURKEY
TURKEY TRADENET COMMERCIAL ATLAS
TURKEY TRADENET COMMERCIAL ATLAS
COUNTRY PROFILE
General presentation of Turkey
Official name, flag and coat of arms Republic of Turkey
Flag: Coat of arms:
Legal system Turkey is a republican parliamentary democracy and constitutional state. It is also the only secular democracy where the majority of the population is Muslim. The Turkish Grand National Assembly (TGNA) forms the unicameral legislature. There are 550 deputies elected every 5 years to the TGNA, but the parliament can decide to call elections before then, or postpone elections for up to one year in case of war. Elections are single stage and use proportional representation. The dHondt system is applied to share deputies among the parties. Every administrative province receives one deputy from the total of 550, and then the total number of remaining deputies are divided and distributed according to size of the population. Provinces with between 1 and 18 deputies have one election area, those with between 19 and 35 have two areas, and those provinces with more than 36 deputies have three areas. Civil servants, judges and prosecutors, members of Turkish armed forces and secondary education students are ineligible to join political parties. A party must also have at least 10 percent of the votes to enter the parliament.
Geographical location Turkey is situated in Anatolia and the Balkans, bordering the Black Sea, between Bulgaria and Georgia, and bordering the Aegean Sea and the Mediterranean Sea, between Greece and Syria. It is located in the northern hemisphere between the 36 - 42 northern parallel and the 26 - 45 eastern meridian.
TURKEY TRADENET COMMERCIAL ATLAS
Frontiers The territory of Turkey is more than 1,600 kilometers long and 800 km wide, with a roughly rectangular shape. Turkey has land borders of 269 km with Bulgaria, 203 km with Greece, 276 km with Georgia, 325 km with Armenia, 18 km with Azerbaijan (Nahjivan), 529 km. with Iran, 378 km with Iraq and 877 km with Syria.
Area Turkey's area, including lakes, occupies 783,562 square kilometers (300,948 sq. mi), of which 755,688 square kilometers (291,773 sq. mi) are in Southwest Asia and 23,764 square kilometers (9,174 sq. mi) in Europe. Turkey is the world's 37th-largest country in terms of area. The country is encircled by seas on three sides: the Aegean Sea to the west, the Black Sea to the north and the Mediterranean to the south. Turkey also contains the Sea of Marmara in the northwest.
Relief Examination of Turkey's topographic structure on a physical map of the world shows clearly the country's high elevation in comparison to its neighbours, half of the land area being higher than 1000 meters and two thirds higher than 800 meters. Mountain ranges extend in an east-west direction parallel to the north and south coasts, and these are a principal factor in determining ecological conditions. The Asian part of the country, Anatolia, consists of a high central plateau with narrow coastal plains, between the Krolu and Pontic mountain ranges to the north and the Taurus Mountains to the south. Eastern Turkey has a more mountainous landscape and is home to the sources of rivers such as the Euphrates, Tigris and Aras, and contains Lake Van and Mount Ararat, Turkey's highest point at 5,165 metres (16,946 ft). Lake Tuz, Turkey's third-largest lake, is a macroscopically visible feature in the middle of the country. Examination of Turkey's topographic structure on a physical map of the world shows clearly the country's high elevation in comparison to its neighbours, half of the land area being higher than 1000 meters and two thirds higher than 800 meters. Mountain ranges extend in an east-west direction parallel to the north and south coasts, and these are a principal factor in determining ecological conditions. The highest mountain is Mount Ararat with 5165 m. This is followed by Buzul Mountain (4116 m), Uludoruk (4135 m), Sphan Mountain (4058 m), Erciyes Mountain (3917 m) and Small Mount Ararat (3896 m).
Waters Anatolian peninsula covers a large area of Turkey, approximately 97% of the total area. It's generally a high plateau covered with several high mountains and mountain ranges especially in the east of the country. The existence of many valleys and high mountains, snow TURKEY TRADENET COMMERCIAL ATLAS precipitation and therefore its melting in the Spring, and the climate of different regions favour the formation of lakes and rivers. Some of the important and big rivers of Turkey are: - Euphrates (Firat in Turkish) is 2,800 km long, out of which 1,263 km is in Turkey. It rises from Eastern Anatolia and ends in the Persian Gulf in Iraq after joining with the Tigris at Shatt al-Arab. Please Click Here for more information. - Tigris (Dicle in Turkish) is 1,900 km long, out of which 523 km is in Turkey. It rises from the mountains near Elazig province and empties into the Persian Gulf in Basra after joining with the Euphrates at Shatt al-Arab. Please Click Here for more information. - Kizilirmak, meaning Red river in Turkish, is 1,355 km long and is the longest river of Turkey which rises and ends within the country. - Yesilirmak, meaning Green river in Turkish, is approximately 519 km long. It rises from Kse mountain in the north of Sivas, passes from Tokat, Amasya and Samsun provinces, and empties into the Black Sea. Some of the dams built on Yesilirmak are; Almus, Ataky, Hasan Ugurlu and Suat Ugurlu. - Byk Menderes, is 584 km long and the largest river in the Aegean region. Its headwaters are Kufi Suyu ve Banaz stream near Afyon province, passes from Usak and Aydin provinces. Most of the water from these rivers are used for the irrigation of the agricultural fields, but most important of all for the hydroelectric energy with several dams built on them.
Climate The coastal areas of Turkey bordering the Aegean Sea and the Mediterranean Sea have a temperate Mediterranean climate, with hot, dry summers and mild to cool, wet winters. The coastal areas of Turkey bordering the Black Sea have a temperate Oceanic climate with warm, wet summers and cool to cold, wet winters. The Turkish Black Sea coast receives the greatest amount of precipitation and is the only region of Turkey that receives high precipitation throughout the year. The eastern part of that coast averages 2,500 millimetres annually which is the highest precipitation in the country. The coastal areas of Turkey bordering the Sea of Marmara (including Istanbul), which connects the Aegean Sea and the Black Sea, have a transitional climate between a temperate Mediterranean climate and a temperate Oceanic climate with warm to hot, moderately dry summers and cool to cold, wet winters. Snow does occur on the coastal areas of the Sea of Marmara and the Black Sea almost every winter, but it usually lies no more than a few days. Snow on the other hand is rare in the coastal areas of the Aegean Sea and very rare in the coastal areas of the Mediterranean Sea. Conditions can be much harsher in the more arid interior. Mountains close to the coast prevent Mediterranean influences from extending inland, giving the central Anatolian plateau of the interior of Turkey a continental climate with sharply contrasting seasons.
Natural resources As a result of the geological structure it is sitting upon, our country is one of the rare countries in the world that can supply a significant portion of its own raw material requirements thanks to the diversity of its minerals. It is ranked 28th in the world in terms of total mining production and 10th in terms of the diversity of mines produced. Only 13 out of the 90 types of minerals traded throughout the world have not so far been discovered in our country. Our country is either rich or very rich in terms of the remaining 50 types of minerals and has insufficient resources in terms of 27 types of minerals. As far as reserves, Turkey is among the leading reserve-rich countries in the world starting with boron, trona, bentonite, marble, feldspar, mangesite, limestone, pumice stone, perlite, strontium and calcite. There are nearly 3,500 known metallic and close to 2,000 industrial raw materials beds and resources in Turkey. In addition there are more than 600 hot water springs and more than 140 geothermal energy fields that have been discovered.
Official language Turkish is the official language of Turkey. TURKEY TRADENET COMMERCIAL ATLAS
Time zone Turkey is in the Eastern European Time Zone. Eastern European Standard Time (EET) is 2 hours ahead of Greenwich Mean Time (GMT+2).
Religion Turkey is officially a secular country with no official religion since the constitutional amendment in 1924. Islam is the largest religion of Turkey. Around 99.8% of the population is registered as Muslim (mostly Sunni), followed by other religions as Christians (Oriental Orthodoxy, Greek Orthodox and Armenian Apostolic) and Jews (Sephardi).
Currency The Turkish currency is called Turkish Lira (TL 1), which was introduced, instead of New Turkish Lira as from 1 January 2009. In addition, six digits were dropped from Turkish Lira denominations as from 1 January 2005. On the other hand, together with the TL, Kurush (Kr), which is a hundredth of TL 1, has become in use again as from 1 January 2005. The Turkish Central Bank has issued notes of TL 1, TL 5, TL 10, TL 20, TL 50, TL 100 and TL 200. There are also coins in circulation in denomination TL 1, Kr 50, Kr 25, Kr 10, Kr 5 and Kr 1.
Measuring system The standard metric system has been accepted in 1931 within the law of Measurements and Adjustments and being applied since 1933.
Administrative organisation The foundation and principles of the Turkish government are based on Central Administration and Local Administration concepts. Accordingly, the administrative structure of the Turkish Republic is divided into two, namely `Central Administration and Local Administrative Institutions. Central administration The organization of the Central Administration in the capital consists of the President of the Republic, the Council of Ministers, the Prime Minister, the Ministries and other auxiliary bodies such as the State Council, the Court of Accounts, and the National Security Council. The provincial organization of the Central Government has been created to administer public services to its citizens throughout the entire country. In Turkey there are three kinds of provincial administrations: province, county, and district. The Province is the largest provincial administrative unit of the Central Administration. The administration of the provinces is based on the Provincial Administration Code No. 5442. There are 81 provinces in Turkey. Provincial administration consists of the Governor, the Department Heads of the provincial administration, and the Provincial Administrative Council. The Governor is the head of the Provincial Administration. Provinces are divided into counties. Just as for the Provincial Administration, the County Administration also consists of the County Chief, the Department Heads of the County Administration, and the County Administration Council. The District Administration also has three bodies: the District Administrator, the District Assembly, and the District Commission. Local administrative institutions Local administration bodies are divided into two categories, Those bodies based on locality (local government organizations) and those based on services provided (public institutions). Local government organizations: These are public legal personalities that have been established outside Central Government to meet the common needs of provincial, municipal, and village residents. They have separate legal personalities from that of the State; a certain degree of autonomy; and their members are locally elected. According to the Constitution, there are three kinds of local Government Organizations: Provincial Administration, Municipality, and Village Administration. The Ministry of the Interior has jurisdiction over local government bodies. The Ministry exercises this authority through the General Directorate of Local Government. The principles governing the organization and duties of Provincial Administrations have been specified in the Special Provincial Administration Code No. 5302. Unlike the Provincial TURKEY TRADENET COMMERCIAL ATLAS Administrations, Municipalities are the administrative organizations not of a specific geographical region but of limited residential areas where people live in neighbouring houses in regions called districts. The organization and duties of Municipal Administrations have been specified in Municipal Law No. 5272. According to the legislation, a municipality may be established in places having a population of more than 2,000 people. It is compulsory to establish a Municipal Administration in provincial and district centres regardless of their population. As of 2005, there are 3,215 municipalities in Turkey. Based on the authority granted by the Constitution, Metropolitan Municipalities were established in 1984. A Metropolitan Municipality is a public legal personality established in cities made up of at least three counties or first stage municipalities. It is responsible for coordination among these municipalities, and for fulfilling its responsibilities and duties using the authority granted to it by law. It has administrative and fiscal autonomy and its decision- making body is elected by the people. For these Municipal Administrations, Metropolitan Municipality Code No. 5216 is applied. As of 2005, there are 16 Metropolitan Municipal Administrations. The smallest and most common type of local government is the Village Administration. Villages are administered according to the Village Code No. 442, dated 1924. As of 14.06.2004, there are 35,181 villages in Turkey. Public Institutions: These institutions have been set up for the delivery of services which require specilised information and expertise through an organization outside the State or Local Government. They are established through the granting of a separate legal personality. Public institutions have public legal personalities and they function under some form of public administration (State or Local Government). However, Public Institutions have a certain degree of independence from the Public Administrations which set them up. They are not subject to hierarchical control. They are self-administrated and internally monitored. There are several different kinds of Public Institutions: - Administrative Public Institutions (e.g. the General Directorate of Highways, the General Directorate of State Hydraulic Works, the General Directorate of Foundations) - Economic Public Institutions (Ziraat Bank, the Republic of Turkey State Railways Administration, the Tobacco and Cigarette Industries etc.) - Social Public Institutions (the Pension Fund of the Republic of Turkey, the General Directorate of Social Insurances, the Employment Agency (-Kur) etc. - Scientific, Technical, and Cultural Public Institutions (universities, Turkish Scientific and Technical Research Agency (TBTAK), the Turkish Standards Institute, the Turkish Academy of Sciences)
National holiday and other legal holidays The official holidays in Turkey are established by the Act 2429 of March 19, 1981 that replaced the Act 2739 of May 27, 1935. Public Holidays Date English Name Local Name Remarks January 1 New Year's Day Ylba First day of the Gregorian new year April 23 National Sovereignty and Children's Day Ulusal Egemenlik ve ocuk Bayram Commemoration of the first opening of the Grand National Assembly of Turkey at Ankara in 1920. Dedicated to the children. May 1 Labour and Solidarity Day Emek ve Dayanma Gn May Day May 19 Commemoration of Atatrk, Youth and Sports Day Atatrk' Anma Genlik ve Spor Bayram Commemoration of the beginning of national liberation movement initiated in 1919 by Atatrk's landing in Samsun. Dedicated to the youth. August 30 Victory Day Zafer Bayram Commemoration of the victory at the final battle in Dumlupnar ending the Turkish Independence War in 1922, dedicated to the armed forces. October 29 Republic Day Cumhuriyet Bayram Commemoration of the proclamation of the republic in 1923. Also the halfday in the afternoon of previous day. TURKEY TRADENET COMMERCIAL ATLAS After the end of Islamic month Ramadan Ramadan Feast Ramazan Bayram or eker Bayram Religious holiday for 3 days. Also the half day in the afternoon of previous day. 70 days after the end of Islamic month Ramadan Sacrifice Feast Kurban Bayram Religious holiday for 4 days. Also the half day in the afternoon of previous day.
Turkey, as a member in international organisations Turkey is a member of numerous international organizations, of which: ADB (non-regional member), Australia Group, BIS, BSEC, CE, CERN (observer), CICA, D-8, EAPC, EBRD, ECO, EU (candidate country), FAO, FATF, G-20, IAEA, IBRD, ICAO, ICC, ICRM, IDA, IDB, IEA, IFAD, IFC, IFRCS, IHO, ILO, IMF, IMO, IMSO, Interpol, IOC, IOM, IPU, ISO, ITSO, ITU, ITUC, MIGA, NATO, NEA, NSG, OAS (observer), OECD, OIC, OPCW, OSCE, Paris Club (associate), PCA, SECI, UN, UNCTAD, UNESCO, UNHCR, UNIDO, UNIFIL, UNRWA, UNWTO, UPU, WCO, WFTU, WHO, WIPO, WMO, WTO, ZC.
History and civilisation
Turkish Migration Before the Turkish settlement, the local population of Anatolia had reached an estimated level of 12 to 14 million people during the late Roman Period. The migration of Turks to the country of modern Turkey occurred during the main Turkish migration across most of Central Asia and into Europe and the Middle East which was between the 6th and 11th centuries. Mainly Turkish people living in the Seljuk Empire arrived Turkey in the eleventh century. The Seljuks proceeded to gradually conquer the Anatolian part of the Byzantine Empire. In the following centuries, the local population began to be assimilated into the Turkish people. More Turkish migrants began to intermingle with the local inhabitants over years, thus the Turkish-speaking population was bolstered. Seljuq Dynasty The House of Seljuk was a branch of the Knk Ouz Turks who resided on the periphery of the Muslim world, north of the Caspian and Aral Seas in the Yabghu Khaganate of the Ouz confederacy in the 10th century. In the 11th century, the Turkic people living in the Seljuk Empire started migrating from their ancestral homelands towards the eastern regions of Anatolia, which eventually became a new homeland of Ouz Turkic tribes following the Battle of Manzikert on August 26, 1071. The victory of the Seljuks gave rise to the Seljuk Sultanate of Rum, a separate branch of the larger Seljuk Empire and to some Turkish principalities (beyliks), mostly situated towards the Eastern Anatolia which were vassals of or at war with Seljuk Sultanate of Rum. Mongol Rule On June 26, 1243, the Seljuk armies were defeated by the Mongols in the Battle of Kosedag, and the Seljuk Sultanate of Rm became a vassal of the Mongols. This caused the Seljuks to lose its power. Hulegu Khan, grandson of Genghis Khan founded the Ilkhanate in the southwestern part of the Mongol Empire. The Ilkhanate State ruled Anatolia by Mongol military governors. Last Seljuk sultan Mesud II, died in 1308. The Mongol invasion of Transoxiana, Iran, Azerbaijan and Anatolia caused Turkomens to move to Western Anatolia. The Turkomens founded some Anatolian principalities (beyliks) under the Mongol dominion in Turkey. The most powerful beyliks were the Karamanids and the Germiyanids in the central area. Along the Aegean coast, from north to south, stretched Karasids, Sarukhanids, Aydinids, Mentee and Teke principalities. The Jandarids (later called Isfendiyarids) controlled the Black Sea region round Kastamonu and Sinop. The Beylik of Ottoman Dynasty was situated in the northwest of Anatolia, around St, and it was a small and insignificant state at that time. The Ottoman beylik would, however, evolve into the Ottoman Empire over the next 200 years, expanding throughout the Balkans, Anatolia. Ottoman Dynasty TURKEY TRADENET COMMERCIAL ATLAS The Ottoman beylik's first capital was located in Bursa in 1326. Edirne which was conquered in 1361[15] was the next capital city. After largely expanding to Europe and Anatolia, in 1453, the Ottomans nearly completed the conquest of the Byzantine Empire by capturing its capital, Constantinople during the reign of Mehmed II. This city has become the capital city of the Empire following Edirne. The Ottoman Empire would continue to expand into the Eastern Anatolia, Central Europe, the Caucasus, North and East Africa, the islands in the Mediterranean, Greater Syria, Mesopotamia, and the Arabian peninsula in the 15th, 16th and 17th centuries. The Ottoman Empire's power and prestige peaked in the 16th and 17th centuries, particularly during the reign of Suleiman the Magnificent. The empire was often at odds with the Holy Roman Empire in its steady advance towards Central Europe through the Balkans and the southern part of the Polish-Lithuanian Commonwealth. In addition, the Ottomans were often at war with Persia over territorial disputes. At sea, the empire contended with the Holy Leagues, composed of Habsburg Spain, the Republic of Venice and the Knights of St. John, for control of the Mediterranean. In the Indian Ocean, the Ottoman navy frequently confronted Portuguese fleets in order to defend its traditional monopoly over the maritime trade routes between East Asia and Western Europe; these routes faced new competition with the Portuguese discovery of the Cape of Good Hope in 1488. The Treaty of Karlowitz in 1699 marked the beginning of the Ottoman decline; some territories were lost by the treaty: Austria received all of Hungary and Transylvania except the Banat; Venice obtained most of Dalmatia along with the Morea (the Peloponnesus peninsula in southern Greece); Poland recovered Podolia. Throughout the 19th and early 20th centuries, the Ottoman Empire continued losing its territories, including Greece, Algeria, Tunisia, Libya and the Balkans in the 19121913 Balkan Wars. Faced with territorial losses on all sides the Ottoman Empire forged an alliance with Germany who supported it with troops and equipment. The Ottoman Empire joined the World War I on the side of the Central Powers, after granting two German warships as refugees. On October 30, 1918, the Armistice of Mudros was signed, followed by the imposition of Treaty of Svres on August 10, 1920 by Allied Powers, which was never ratified. The Treaty of Svres would break up the Ottoman Empire and force large concessions on territories of the Empire in favour of Greece, Italy, Britain and France. Republic of Turkey The occupation of some parts of the country by the Allies in the aftermath of World War I prompted the establishment of the Turkish national movement. Under the leadership of Mustafa Kemal, a military commander who had distinguished himself during the Battle of Gallipoli, the Turkish War of Independence was waged with the aim of revoking the terms of the Treaty of Svres. By September 18, 1922, the occupying armies were expelled. On November 1, the newly founded parliament formally abolished the Sultanate, thus ending 623 years of Ottoman rule. The Treaty of Lausanne of July 24, 1923, led to the international recognition of the sovereignty of the newly formed "Republic of Turkey" as the successor state of the Ottoman Empire, and the republic was officially proclaimed on October 29, 1923, in the new capital of Ankara. Mustafa Kemal became the republic's first President of Turkey and subsequently introduced many radical reforms with the aim of founding a new secular republic from the remnants of its Ottoman past. According to the Law on Family Names, the Turkish parliament presented Mustafa Kemal with the honorific surname "Atatrk" (Father of the Turks) in 1934. Turkey remained neutral during most of World War II but entered on the side of the Allies on February 23, 1945, as a ceremonial gesture and in 1945 became a charter member of the United Nations. Difficulties faced by Greece after the war in quelling a communist rebellion, along with demands by the Soviet Union for military bases in the Turkish Straits, prompted the United States to declare the Truman Doctrine in 1947. The doctrine enunciated American intentions to guarantee the security of Turkey and Greece, and resulted in large-scale U.S. military and economic support. After participating with the United Nations forces in the Korean War, Turkey joined NATO in 1952, becoming a bulwark against Soviet expansion into the Mediterranean. Following a decade of intercommunal violence on the island of Cyprus and the Greek military coup of July 1974, overthrowing President Makarios and installing Nikos Sampson as a dictator, Turkey TURKEY TRADENET COMMERCIAL ATLAS invaded the Republic of Cyprus in 1974. Nine years later the Turkish Republic of Northern Cyprus (TRNC) was established. Turkey is the only country that recognises the TRNC. The single-party period was followed by multiparty democracy after 1945. The Turkish democracy was interrupted by military coups d'tat in 1960, 1971, 1980 and 1997. In 1984, the PKK began an insurgency against the Turkish government; the conflict, which has claimed over 40,000 lives, continues today. Since the liberalization of the Turkish economy during the 1980s, the country has enjoyed stronger economic growth and greater political stability.
Socio-economic profile
Population and structure of population Turkey had 78,785,548 inhabitants by 2011, July and its the 17 th biggest population of the world. The average age of the Turkish people is 28.5 years. 70% of the populations is living in the cities. Men are forming 50.3% and women are 49.7% of the population. Turkeys population has a growth rate of 1.235% according to estimations in 2011.
Economic profile The Turkish economy has shown remarkable performance with its steady growth over the last eight years. A sound macroeconomic strategy in combination with prudent fiscal policies and major structural reforms in effect since 2002, has integrated the Turkish economy into the globalized world, while transforming the country into one of the major recipients of FDI in its region. The structural reforms, hastened by Turkeys EU accession process, have paved the way for comprehensive changes in a number of areas. The main objectives of these efforts were to increase the role of the private sector in the Turkish economy, to enhance the efficiency and resiliency of the financial sector, and to place the social security system on a more solid foundation. As these reforms have strengthened the macroeconomic fundamentals of the country, inflation drastically decreased to 6.4% by the end of 2010, down from 30% in 2002, while the EU-defined general government nominal debt stock fell to 41.6% from 74% in a period of eight years between 2002 and 2010. Hence, Turkey has been meeting the 60% - EU Maastricht criteria for the public debt stock since 2004. As the GDP levels more than tripled to USD 736 billion in 2010, up from USD 231 billion in 2002, GDP per capita soared to USD 10,079, up from USD 3,500 in the given period.
The visible improvements in the Turkish economy have also boosted foreign trade, while exports reached USD 114 billion by the end of 2010, up from USD 36 billion in 2002. Similarly, tourism revenues, which were around USD 8.5 billion in 2002, exceeded USD 20 billion in 2010. Significant improvements in such a short period of time have registered Turkey on the world economic scale as an exceptional emerging economy, the 16th largest economy in the world and the 6th largest economy when compared with the EU countries, according to GDP figures (at PPP) in 2010. Prior to the recent global recession which hit all economies throughout the world, the Turkish economy sustained strong economic growth for 27 quarters consecutively, making it one of the fastest growing economies in Europe. However, the global financial crisis has considerably challenged the macroeconomic and financial stability of many economies by adversely affecting financing facilities and external demand, thus causing a significant slowdown in all global economic activities. While the financial markets in Turkey proved resilient to the crisis, the decrease in external demand and slowing international capital flows have had a negative impact on the economy, thus causing an economic contraction in 2009. However, the perceived positive developments in the economy showed signs of a fast recovery beginning as early as the last quarter of 2009, with an impressive 5.9% economic growth rate, hence making Turkey one of the fastest recovering economies in the world. Its robust economic growth continued in 2010 as well, having reached 12%, 10.3%, 5.2% and 9.2% in the first, second, third and fourth quarters of 2010 respectively, thus achieving an overall growth rate of 8.9% throughout 2010. Turkey, TURKEY TRADENET COMMERCIAL ATLAS with such a robust economic performance, stood out as the fastest growing economy in Europe and one of the fastest growing economies in the world.
Country statistical profile: Turkey 2011-2012 Unit 2005 2006 2007 2008 2009 2010 Production and Income Gross domestic product (GDP) Bln USD curr. PPPs 781,2 894,6 976,4 1 063,5 1 022,3 1 116,0 GDP per capita USD current PPPs 11 391 12 887 13 897 14 962 14 218 15 320 Economic Growth Real GDP growth Annual growth % 8,4 6,9 4,7 0,7 -4,8 8,9 Gross fixed capital formation % of GDP 17,4 13,3 3,1 -6,2 -19,0 29,9 Economic Structure Real value added: agriculture, forestry, fishing Annual growth % 7,2 1,4 -6,7 4,3 3,6 1,6 Real value added: industry Annual growth % 8,6 8,3 5,8 0,3 -6,9 12,9 Real value added: services Annual growth % 2,3 3,8 3,1 1,4 1,9 0,8 Trade Imports of goods and services % of GDP 25,4 27,6 27,5 28,3 24,4 26,6 Exports of goods and services % of GDP 21,9 22,7 22,3 23,9 23,3 21,1 Goods trade balance: exports minus imports of goods Bln USD -43,3 -54,0 -62,8 -70,0 -38,8 -71,6 Imports of goods Bln USD 116,8 139,6 170,1 202,0 140,9 185,5 Exports of goods Bln USD 73,5 85,5 107,3 132,0 102,1 114,0 Service trade balance: exports minus imports of services Bln USD 15,2 13,6 13,3 17,3 16,7 14,2 Imports of services Bln USD 11,7 12,0 15,6 17,8 16,7 19,4 Exports of services Bln USD 26,9 25,5 28,9 35,1 33,5 33,6 Current account balance of payments % of GDP -4,6 e -6,1 e -5,9 e -5,6 e -2,2 e -6,5 e Foreign Direct Investment (FDI) Outward FDI stocks Mln USD .. .. 12.210 17.846 22.338 21.570 Inward FDI stocks Mln USD .. .. 154.022 80.227 143.590 185.780 Inflows of foreign direct investment Mln USD 1.064 924 2.106 2.549 1.554 1.464 Outflows of foreign direct investment Mln USD 10.031 20.185 22.047 19.504 8.409 9.258 Source: Turkish Statistical Institute
Turkey, part of the Black Sea community
BSEC was founded in 1992 as an initiative of Turkey. In the last decade of the 20th century, the Black Sea region was going through a dramatic transformation which had brought the region to a new threshold. The BSEC was established to serve the interest of security and stability both within and outside the Black Sea region, and it led to the creation of an environment conducive to the initiation of rapid reform towards the development of market economies as the basis for economic recovery and prosperity in the region. On 25 June 1992, the heads of state or government of the eleven founding members (Albania, Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Moldova, Romania, Russia, Turkey and Ukraine) signed in Istanbul the summit declaration on the BSEC, thus setting up a regional structure of multilateral cooperation in various fields of economic activity. With the establishment of the permanent International Secretariat in Istanbul, the Black Sea Trade and Development Bank in Thessalonica and the BSEC coordination centre for the exchange of statistical data and economic information in Ankara, the BSEC has created the necessary institutional, financial and analytical instruments for its efficient functioning and for the attainment of the objectives set forth in the summit declaration. The Yalta summit of the heads of state or government convened on 5 June 1998 and signed the BSEC Charter. Following the ratification formalities, the charter came into force marking the official inauguration of the organization of the BSEC on 1 May 1999. Upon the resolution of the Tenth Council of Ministers of Foreign Affairs and the ratification of the BSEC Charter by its parliament, Serbia and Montenegro became a full-fledged Member of the BSEC Organization as of 16 April 2004. TURKEY TRADENET COMMERCIAL ATLAS BSEC is playing an important role in the development of economic and social development and sustaining peace in the region. Improving economic and commercial ties between the member countries is seen as the most efficient means to achieve the ends mentioned above. As the initiator of the BSEC concept, Turkey is working to improve its bilateral economic and commercial ties with each of the member countries and also to contribute to the development of multilateral structures. The private sector is playing a key role in improving the relations and the Turkish government is supporting the business circles in order to provide them with a competitive edge.
TURKEY TRADENET COMMERCIAL ATLAS
INSTITUTIONAL FRAMEWORK
General consideration on the institutional network
The Republic of Turkey is a democratic secular constitutional republic (although nominally, 98% of the population is Muslim, most belonging to the Sunni branch of Islam). The head of state is the president (currently Abdullah GL), elected every seven years by the Grand National Assembly. Executive power rests in the Prime Minister (currently Recep Tayyip Erdoan) and the Council of Ministers, while Legislative power rests in the 550-seat Grand National Assembly representing 81 provinces. Each province is administered by a governor (vali) appointed by the Council of Ministers with the approval of the president. Each district in a province has its own administration consisting of a district chief (kaymakam), central government representatives, and a district administrative board. Each district chief is responsible to the governor, serving essentially as his or her agent in supervising and inspecting the activities of government officials in the district. Municipal governments exist in each provincial and district capital, as well as in all communities with at least 5,000 inhabitants. Municipal governments are responsible for implementing national programs for health and social assistance, public works and transportation. Each municipality (belediye) is headed by a mayor (belediye bakan), who is elected by the citizens to a five-year term and is assisted by deputy directors of departments and offices.
Legal and Political Structure Constitution - The Republic of Turkey adopted its first Constitution in 1924. It retained the basic principles of the 1921 Constitution, notably the principle of national sovereignty. As in the 1921 Constitution, the Turkish Grand National Assembly was deemed the "sole representative of the nation." The second Constitution of the Republic of Turkey was adopted in 1961 and introduced a bicameral Parliament: the National Assembly with 450 deputies and the Senate of the Republic with 150 members elected by general ballot and 15 members elected by the President. These two assemblies constitute the Turkish Grand National Assembly. The third Constitution of the Republic of Turkey was passed in 1982 by a national referendum and is still in effect today. Under the 1982 Constitution, sovereignty is vested fully and unconditionally in the nation. The Constitution emphasizes that the Turkish state, with its territory and nation, is an indivisible entity, and a secular, democratic, social state under the rule of law. All individuals are equal without any discrimination before the law, irrespective of language, race, skin colour, gender, political orientation, philosophical creed, religion and sect, or any such considerations. The 1982 Constitution recognizes all basic human rights and freedoms such as freedom of speech, freedom of the press, freedom of residence and movement, freedom of religion and conscience, freedom of thought and opinion, freedom of expression and dissemination of thought, freedom of association, freedom of communication, the right to privacy, right to property, right to hold meetings and demonstration marches, right to legal remedies, guarantee of lawful judgment and right to acquire information. Parliament has passed many constitutional amendments to make the 1982 Constitution more democratic and to expand democratic rights and freedoms in the country. These efforts gained significant momentum after the EU recognized Turkey as a candidate country in 1999 and later agreed to start full membership talks with Turkey in 2005. Legislature - Legislative power is vested in the Turkish Grand National Assembly (TGNA) on behalf of the Turkish nation and this power cannot be delegated. TGNA is composed of 550 deputies, while Parliamentary elections are held every four years. Deputies represent the entire nation and before assuming office, take an oath. TURKEY TRADENET COMMERCIAL ATLAS The functions and powers of TGNA comprise the adoption of draft laws, and the amendment and repeal of existing laws; the supervision of the Council of Ministers (Cabinet) and the Ministers; authorization of the Council of Ministers to issue governmental decrees having the force of law on certain matters; debating and approval of the budget draft and the draft law of final accounts, making decisions on the printing of currency, the declaration of war, martial law or emergency rule; ratifying international agreements; making decisions with 3/5 of the TGNA on proclamation of amnesties and pardons in line with the Constitution. Judiciary - Judicial power in Turkey is exercised by independent courts and high judicial organs on behalf of the Turkish nation. The judicial section of the Constitution is based on the principle of the rule of law. The judiciary is founded on the principles of the independence of the courts and the security of tenure of judges. Judges work independently; they rule on the basis of personal conviction in accordance with constitutional provisions, law and jurisprudence. The legislative and executive organs must comply with the rulings of the courts and cannot change or delay the application of these rulings. Functionally, a tripartite judicial system was adopted by the Constitution and accordingly, it was divided into an administrative judiciary, a legal judiciary and a special judiciary. The Constitutional Court, the Supreme Court of Appeals, the Council of State, the Supreme Military Court of Appeals, the Supreme Military Administrative Court and the Court of Jurisdictional Conflicts are the supreme courts stipulated in the judicial section of the Constitution. The Supreme Council of Judges and Public Prosecutors and the Supreme Council of Public Accounts are two additional organizations having special functions which are set out in the judicial section of the Constitution. Executive - The executive branch in Turkey has a dual structure. It is composed of the President of the Republic and the Council of Ministers (Cabinet). President - The President of the Republic is the head of State and represents the Republic of Turkey and the unity of the Turkish nation. The President is elected by popular vote among the Turkish Grand National Assembly members who are over 40 years of age and have completed higher education or among ordinary Turkish citizens who fulfill these requirements and are eligible to be deputies. The President's term of office is five years and one can be elected for two terms at most. The President of the Republic has duties and power related to the legislative, executive and judicial branches, and is responsible for ensuring the implementation of the Constitution, and the regular and harmonious functioning of the organs of state. Prime Minister and Council of Ministers - The Council of Ministers (Cabinet) consists of the Prime Minister, designated by the President of the Republic from members of the TGNA, and various ministers nominated by the Prime Minister and appointed by the President of the Republic. Ministers can be assigned either from among the deputies or from among those qualified to be elected as a deputy. Ministers can be dismissed from their duties by the President upon the proposal of the Prime Minister when deemed necessary. The fundamental duty of the Council of Ministers is to formulate and implement the internal and foreign policies of the state. The Council of Ministers is accountable to the Parliament in the execution of this duty. On June 8, 2011, Prime Minister Recep Tayyip Erdoan announced that his ruling Justice and Development Party (AK Party) government is set to overhaul the current Cabinet structure, introducing six new ministries while making changes to the others. The Cabinet is: Ministry of Food, Agriculture and Livestock (www.tarim.gov.tr) Ministry of Culture and Tourism (www.kultur.gov.tr) Ministry of Energy and Natural Resources (www.enerji.gov.tr) Ministry of Environment and Urban Planning (www.csb.gov.tr) Ministry of Finance (www.maliye.gov.tr) Ministry of Foreign Affairs (www.mfa.gov.tr) Ministry of Health (www.saglik.gov.tr) Ministry of Science, Industry and Technology (www.sanayi.gov.tr) Ministry of Interior (www.icisleri.gov.tr) Ministry of Justice (www.adalet.gov.tr) TURKEY TRADENET COMMERCIAL ATLAS Ministry of Labour and Social Security (www.csgb.gov.tr) Ministry of National Defence (www.msb.gov.tr) Ministry of National Education (www.meb.gov.tr) Ministry of Transport, Maritime Affairs and Communications (www.ubak.gov.tr) Ministry of Family and Social Policies (www.aile.gov.tr) Ministry of European Union (www.ab.gov.tr ) Ministry of Youth and Sport(www.gsb.gov.tr) Ministry of Customs and Trade (www.gumruk.gov.tr) Ministry of Development (www.dpt.gov.tr) Ministry of Water Affairs and Forestry (www.ormansu.gov.tr) Ministry Of Economy (www.ekonomi.gov.tr)
The new structure of the public bodies under Ministries in Turkish Republic. The Prime Minister's Office Capital Markets Commission Secretariat of the State Planning Organisation National Intelligence Organisation Office of the Prime Minister, Directorate General of Press and Information General Directorate on the Status of Women General Directorate of Land Registers General Directorate of Meteorology Secretariat of Treasury General Directorate of Minting and Printing State Personnel Administration Religious Affairs Administration Privatization Administration Turkish Statistical Institute Atomic Energy Authority of Turkey Competition Authority General Directorate of Security General Directorate of Local Administrations Secretariat of Defence Industries General Directorate of Agricultural Research General Directorate of Protection and Control General Directorate of Forestry Directorate of Nature Conservation and National Parks General Directorate of Forestry and Village Relations General Directorate of Desertification and Prevention of Erosion General Directorate of Budget and Fiscal Control Revenue Administration General Directorate of Public Accounts General Directorate of Medicines and Pharmaceutics General Directorate of Treatment Services Turkish Patent Institute General Directorate of Criminal Registration and Statistics Social Security Administration General Directorate of Construction General Directorate of Highways General Directorate of Civil Aviation General Directorate of State Railways of the Republic of Turkey General Directorate of State Airports Operations Information and Communication Technologies Authority The Scientific and Technological Research Council Turkish Standards Institution General Directorate of Mineral Research and Exploration Council of Higer Education Turkish Armed Forces TURKEY TRADENET COMMERCIAL ATLAS Directorate for Political Affairs Directorate of Accession Policy Directorate of Single Market and Competition General Directorate of Imports General Directorate of Exports General Directorate of Free Zones, Overseas Investment and Services Directorate General of Customs Directorate General of Tradesmen and Craftsmen
In Turkey, Public Administration is basically made up of two levels: Central Administration (the Ministries and other public bodies depending on the central government, as well as their units and services deployed on the territory); and Local Administration (public corporations managed by officials elected by the citizens of the respective local community - Villages, Municipalities, Metropolitan Municipalities and Special Provincial Administrations - and the secondary public entities created by them) In the context of a broader strategy to modernize and democratize the Turkish administrative system, so as to align it with EU standards and to strengthen the administrative capacities for future EU membership, the Government of Turkey has undertaken a programme aimed at the reform and modernisation of the Local Administration in the country.
The Map of Turkish Provinces:
Private Sector Leaders
TOBB (The Union Of Chambers And Commodity Exchanges Of Turkey) The Union of Chambers and Commodity Exchanges of Turkey (TOBB) is the highest legal entity in Turkey representing the private sector. Similar to the patterns of guilds and syndicates, which traditionally organized and represented tradesmen and producers throughout the Turkish History, TOBB, too, adopted a representative role in a democratic and modern society. Today, TOBB has 365 members in the form of local chambers of commerce, industry, commerce and industry, maritime commerce and commodity exchanges.
TMMOB (The Union of Chambers Of Turksh Engineers And Architects) The Union of Chambers of Turkish Engineers and Architects (UCTEA) was established in 1954 by the Law 7303 and the Decree-Laws 66 and 85 amending of the Law 6235. UCTEA is a corporate body and a professional organization defined in the form of a public institution as stated in the Article 135 of the Constitution. At the establishment stage, UCTEA had 10 Chambers and 8.000 members. However, as of December 31, 2009, the number of Chambers TURKEY TRADENET COMMERCIAL ATLAS has increased to 23, while the number of members reached 354.182.UCTEA is maintaining its activities with its 23 Chambers, 197 branches of its Chambers and 45 Provincial Coordination Councils. Approximately, graduates of 70 related academic disciplines in engineering, architecture and city planning are members of the Chambers of UCTEA.
TSK (Turkish Confederation of Employer Associations) TISK was founded on 15 October 1961 when the following six employer associations were organized under the title of "Union of Istanbul Employer Associations": The Metal Products Industrialists' Association The Wooden Products Industry Employers' Association of Istanbul The Textile Industry Employers' Associations of Istanbul The Food Industry Employers' Associations of Istanbul The Printing Industry Employers' Associations of Istanbul The Glass Industry Employers' Associations of Istanbul
After completing its nationwide organization, the name of the Union was changed to the "Turkish Confederation of Employer Associations" on 20 December 1962 when the Second Ordinary General Assembly was held. The Confederation held its main offices in Istanbul until mid-1960, and on 5 August 1965, an Extraordinary Meeting of the General Assembly modified the Articles of the Association and transferred its headquarters to Ankara.
TEMA (Turkish Foundation for Combating Soil Erosion, for Reforestation and the Protection of Natural Habitats) Since the establishment of Turkish Foundation for Combating Soil Erosion, for Reforestation and the Protection of Natural Habitats (TEMA) in 1992, TEMAs mission is to raise public awareness of environmental problems, specifically soil erosion, deforestation, biodiversity loss and climate change. In this endeavour, TEMA collaborates with several organizations and institutions working in environmental protection and sustainable development. TEMA has launched numerous initiatives to influence government and business practices. We believe that we can only combat with soil erosion by alleviating poverty in rural areas. Therefore, we implement model projects where we create environmentally friendly alternative income opportunities for the local people. So far, TEMA has designed and carried out around 63 model projects in sustainable rural development and 66 projects in reforestation. TEMA is Turkeys fastest growing and largest NGO, already serving around 350.000 supporters, 80% under age 25, clubs in 60 universities, 550 regional managers (voluntary representatives) and over 100 scientists and legal advisors who offer their time and expertise voluntarily on a gratis basis. 150 employees are engaged on a full time basis. TEMA graduates from universities and children are getting organized. We try to reach out internationally as well. Accordingly, in 1998 TEMA-D (Germany), in 2002 TEMA-NL (The Netherlands) and TEMA- EU (Belgium) representations were established. The international outreach will continue.
KV (Economic Development Foundation) Economic Development Foundation (IKV) was established on the initiative of Istanbul Chamber of Commerce and Istanbul Chamber of Industry in 1965, in order to inform the Turkish business world and the public about developments in the European Union (EU) and Turkey-EU relations. Since its establishment, IKV has become a respectable and effective specialised organisation on EU and Turkey-EU relations both in Turkey and in the EU, through its seminars, researches, publications, lobbying activities and the close cooperation it has conducted with foreign and domestic institutions. Over the years, IKV has broadened the area of its activities as well as the number of its trustee institutions and supporters, in parallel to the developments in Turkey-EU relations. Particularly, following the confirmation of Turkey's candidacy for EU membership at Helsinki Summit in December 1999, IKV intensified its activities taking into account the requirements of the membership process. IKV, with the support of the representative organisations of the Turkish business world, has also undertaken the task of coordinating the relations of Turkish business world with the EU and the government in the areas concerning Turkey-EU relations. TURKEY TRADENET COMMERCIAL ATLAS As agreed on December 17 2004 by the heads of state and government of the 25 EU member states, accession negotiations with Turkey started on the 3rd of October 2005. In the course of this important and challenging process, IKV's activities are focused on informing the Turkish public concerning the issues formulating the agenda of European Union and Turkey- EU relations. Special emphasis will be given to the accession negotiations; ensuring the active participation of the business world and NGOs in the process; and promoting Turkey in the EU members.
TURKEY TRADENET COMMERCIAL ATLAS
LEGAL FRAMEWORK FOR DOING BUSSINESS
Legal base to register a business in Turkey
Foreign Direct Investment Law No. 4875 emphasizes the key elements of the liberal investment environment in Turkey. We believe that foreign investment legislation of any country is the representative of the nation's attitude towards international investments. With Turkey's new Foreign Direct Investment Law, our equal (level playing field) and liberal approach to international investments is clearly reflected. Our new law is the "legal guide" to international investors about their rights and obligations, with explicit messages. Company Establishment in One Day It is possible to establish a company in just one day by applying to the relevant trade registry office with the required documents. The company gets its legal entity status upon registration with the trade registry. Types of Companies Incorporated companies such as: Joint-stock company (A.S) Limited liability company (Ltd.) Commandite company Collective company Unincorporated companies such as: Joint-venture Business association Consortium
Companies with Special Legislation Banks, private finance institutions, insurance companies, financial leasing companies, factoring companies, holding companies, companies operating foreign currency exchange offices, companies dealing with public warehousing, publicly held companies subject to the Capital Markets Law, while companies that are founders and operators of free zones are subject to a permit from the Ministry of Industry and Trade.
Joint stock company A joint stock company is defined as a corporation having its own trade name and a predetermined amount of capital divided by shares. The liability of the shareholder is limited to their capital. The structure and organisation of joint stock companies is subject to regulation by the Turkish Commercial Code. However, the founders of joint stock companies are afforded significant flexibility in drafting the Articles of Association, thereby serving the needs of the specific venture. Capital Market Board regulations also apply to joint stock companies whose shareholders number at least 250, or who have issued bonds or whose shares are quoted on the Istanbul Stock Exchange. A minimum of five shareholders, who may be either real persons or legal entities, are required for the formation of a joint stock company. The overall share capital must be a minimum of TRL 50,000TL. The capital of a joint stock company is divided into shares of equal value which are treated as negotiable commercial paper. The shares may be issued in either registered or bearer form. Registered shares are freely transferable subject to approval by the board of the company, unless prohibited by the companies Articles of Association. Bearer shares are freely transferable under the Code of Obligations, unless otherwise agreed by the parties. Decisionmaking in a joint stock company is by majority vote, but the Turkish Commercial Code includes certain provisions to protect minority interests. Minority shareholders may also request the appointment of a special auditor on their behalf.
TURKEY TRADENET COMMERCIAL ATLAS Limited Company Limited liability companies may be composed of real persons or legal entities and must consist of at least two and no more than 50 partners. The overall share capital must be a minimum of TRL 5,000TL. All partners are personally liable for the debts of the company up to the maximum of their contribution, however, partners are not held liable for the unpaid portions of others contributions. They are also more directly exposed to the tax liabilities of the company, limited, however, to their own shares. Shares held in a limited liability company are nonnegotiable and may be transferred only with the approval of the other partners. Transfers must be approved by at least a 75% majority vote, with at least 75% of the total capital represented. Limited liability companies are also prohibited from engaging in banking or insurance business. A limited liability company differs from the joint stock company in that its capital is not divided into shares of stock nor represented by share certificates. There is no board of directors for a limited company. Instead, the appointed manager has the authority to run the company. Commandite Company It is the company established to operate a commercial enterprise under a trade name. Whereas the liability of some shareholders is limited to the capital subscribed and paid by the shareholder (commanditer), for some shareholders there is no limitation of liability. Legal entities can only be commanditer. No minimum capital is required. The rights and obligations of the shareholders are determined by the articles of association. Collective Company It is the company established to operate a commercial enterprise under a trade name and, the liability of none of the shareholders is limited only to the capital subscribed and paid by the shareholder. No minimum capital is required. It is mandatory that all the shareholders be real persons. The rights and obligations of the shareholders are determined by the articles of association. Branches and Liaison Offices Foreign companies may also operate through liaison offices or branches provided that they are established in accordance with the relevant legislation. The income of a branch is taxed in the same way as resident corporations. Liaison offices may be used to establish a presence in Turkey, but cannot be involved in any commercial activity and must be funded by the parent company abroad. Representative offices Representative offices should not have any commercial activities. The salaries of the employees should be paid from abroad. A simple permission from the Treasury is required to set up a Rep. Office. Joint Ventures or Consortia A joint venture or a consortium may be set up for international contracts to be carried out in Turkey. It is a simple formation of a special contract. It can be freely established based only on the international contract signed. Without any obligation to establish a company, the joint venture or the consortium can carry out the business activities. The only requirement would be registration with the tax office and the Social Security Institution. When the contract is completed, the Turkish joint venture dissolves.
TURKEY TRADENET COMMERCIAL ATLAS Company Establishment procedures
To establish a company, the draft Articles of Associations is submitted to the Trade Registry Office. Items of the Articles of Associations are examined and the title screening is conducted for the articles of association. Articles of Associations approved for start-up shall be notarized and an application shall be made to the Trade Registry Office for registration. Registration shall be conducted within 15 (fifteen) days following the notarization.
Documents to start-up a business 1) A Letter of Application addressing the Trade Registry Office 2) A letter of Application addressing the Chamber of Commerce and Industry 3) Articles of Association (whose text is already examined and approved) notarized (6 copies) 4) A Letter of Commitment 5) A Declaration of Chamber Registration 6) Certificates of Identity Register, Certificates of Residence and Authorized Signatory Lists of the founding members of the company (if any, also those of managers appointed or proxies) 2 copies 7) Declaration of Establishment Forms (3 copies) 8) A petition on main area of operation
Documents and forms required are available for download at www.gumruk.gov.tr
Details on Starting a Business in Turkey
Procedure 1 Execute and notarize articles of association, signature declaration of the managers, copies of each managers identity card or passport and commercial books. Time to complete(days): 1 Cost to complete: Articles of Associations 900 TL. Signature declaration: 100 TL. The following documents are required: Notarized articles of association (three, one original). Notarized signature declarations (two copies). Notarized identity cards of company managers (two copies). According to amendments to the Stamp Tax Law (effective January 1, 2004), the incorporation documents are exempt from the stamp tax. The certification fee will be paid to the notary public for executing the articles of incorporation. The updated fee schedule for notarizing incorporation documents: Articles of association (three copies, each of 10 pages): TL 900 (estimate). Signature declarations of company managers (two, each with five signatures): TL 100 (estimate).
Procedure 2 Deposit a percentage of capital to the account of Competition Authority Time to complete(days): 1 Cost to complete: 0.04% of capital To register with the Commercial Registry, founders must obtain the original receipt from Ziraat Bank. This receipt shows that 0.04% of the companys capital has been paid to the Competition Authority at the central bank or a public bank.
Procedure 3 Deposit the initial capital in a bank and obtain the certificate of paid-in capital Time to complete(days): 1 Cost to complete: no charge TURKEY TRADENET COMMERCIAL ATLAS Comment: If the whole capital of the Company is not paid in advance, the capital of the Company can also be paid in within three months following the registration. Kindly note that another option is; 25% of the capital can be paid in the first 3 months following the registration of the company, and the balance of the subscribed capital shall be paid within 3 years of incorporation.
Procedure 4 File the incorporation notice form, commitment letter, and Chamber registration statement at the Trade Registry Office Time to complete(days): 2 Cost to complete: TL 680 (commercial registration including first managers signature) + TL 246.20 (for each additional manager) + TL 0.30 per word for publication+ TL 2.00 (Trade Registry Gazette fee) + TL 50 (fee for start-up announcement) Founders must submit the incorporation notice form, the commitment letter, and the chamber registration statement the Trade Registry Office. However, the formation of a limited liability company does not require a court application. Thus, upon gathering the following documents, founders may begin the registration process: - For each individual shareholder who is not a Turkish citizen, one copy of the shareholders passport notarized by a Turkish notary. - For each individual shareholder who is a Turkish citizen or for a Turkish representative of such shareholder, two certified copies of the identity card. - Three copies of an establishment notification form. - Three copies of the notarized articles of association. - Bank deposit receipt from the Competition Authority Account (0.04% of the companys capital). - An undertaking covenant signed by the authorized company representatives. - For each person authorized to represent the founders of the limited liability company, two copies of the signature. The Commercial Registry Office notifies the Tax Office and the District Employment Office about the company incorporation. The Registry arranges for an announcement in the Commercial Registration Gazette within about 10 days of company registration. A tax identification plaque must be obtained from the local tax office after the Commercial Registry Office notifies the local tax office. The Registry Office also notifies the Ministry of Labor and Social Security, Directorate of the Social Security Institution of the incorporation. A social security number must be obtained from the relevant Social Security Administration office, and company employees must be registered with that administration. The registration fee for a limited liability company has been increased to TL 680: Publication or advertisement fee: TL 0.30 per word. Start up notice: TL 50. Trade Registry Gazette fee: TL 2.00 Publication: TL 90460 Registration fee for managers signature First manager's signature: TL300 Each additional managers signature: TL 246.20 Fee schedule for annual membership in the Istanbul Chamber of Commerce (based on capital): - TL 1 - 999 (capital): TL 70 - TL 10 - 24.(capital): TL 100 - TL 25 - 249 (capital): TL 150 - TL 250 - 999(capital): TL 200 - TL 1000 and up (capital): TL 225
Procedure 5 Have a notary certify the legal books Time to complete(days): 1 Cost to complete: Journal (200 pages) TL 51, Ledger (100 pages) TL 38, Case book (100 pages) TL 42.50, Inventory book (100 pages) TL 42.50 TURKEY TRADENET COMMERCIAL ATLAS The founders must certify the legal books the day they register the company with the Commercial Registry. The notary public must notify the Tax Office about the commercial book certification. Fee schedule for legal book certification: Certification up to 100 pages: TL 45 Certification up to 200 pages: TL 56
Procedure 6 Follow up with the tax office on Commercial Registrys notification Time to complete(days): 1 Cost to complete: no charge The Commercial Registry Office notifies the Tax Office and the Social Security Administration of the companys incorporation. In practice, to expedite the registration process, company representatives follow up on whether the notification has been received. A tax officer comes to the company headquarters to prepare a determination report. There must be at least one authorized signature in the determination report. According to "The Law Number 4884 Regarding the Amendments on Turkish Commercial Code, Tax Procedure Law, Stamp Act, Labor and Social Security Law Trade Registry Officers send company establishment form which includes tax number notification to Tax Office.
Legal requirements for buildings A legal building permission is required, when constructing a new building in Turkey, proving that the new building or the extension/modernisation of an existing one meet the legal framework for construction activity, meet the legislation in such domains as the environment, do not disturb underground networks, or have included solutions for them, include solutions for power feeding, water and sewage, etc. The related laws are listed below; Municipality Zoning Procedures Assistance Regulation (Belediyeler mar Uygulamalar Yardm Ynetmelii)- August, 1983 Regulation Concerning Implementing Procedures and Principles of Building Inspection (Yap Denetimi Uygulama Usul ve Esaslar Hakknda Ynetmelik)- August, 2001 Law on Building Inspection No. 4708 (Yap Denetimi Hakknda Kanun) - July, 2001 Municipality Law No. 5393 (Belediye Kanunu)- July, 2005 Environmental Inspection Regulation (evre Denetim Ynetmelii) - January, 2002 Environmental Law No. 2872 (evre Kanunu) - August 9, 1983 Greater City Municipality Law No. 5216 - July, 2004 Earthquake Regulation (Deprem Ynetmelii) - January, 2007.
Lifecycle of a company: exit through bankruptcy, insolvency, transfer of business, etc. Dissolution A.S. company may be dissolved in one of the following cases: 1) The expiration of the term for which they have been constituted by statute, 2) The realization of the object of the company or the impossibility of its realization, 3) The loss of 2/3 of the share capital or the requisition of creditors by this reason, 4) The reduction of the number of shareholders below 5, 5) The realization of any cause of dissolution provided for by the articles of association, 6) Bankruptcy of the company.
If the dissolution results from a cause other than bankruptcy, the board of directors shall have it registered with the Trade Register and announced three times at intervals not exceeding one week. The creditors of the company shall be called upon to apply within one year and present their documents.
TURKEY TRADENET COMMERCIAL ATLAS Liquidation Except in the cases of merger with another company and conversion into a limited liability company or transfer to a public law corporation, the dissolved company shall enter into liquidation. In the absence of any liquidators having been designated by the articles of association or by a resolution of the general meeting, the board of directors shall carry on the winding up operations. The board of directors shall have the names of the liquidators entered in the Trade Register and advertised three times at intervals not exceeding one week. The creditors of the company shall be called upon to apply within one year and present their documents. The official liquidation formalities to be executed with the local authorities takes around 12- 18 months and all the fiscal requirements should be met during the liquidation period.
Transferring Assets The transfer of assets is described as the transfer of the ownership of a property from one legal party to the other. Mergers and Acquisitions (M&A) by themselves are not specifically addressed in Turkish legislation. However, certain Turkish laws need to be analysed to ensure desired results from an M&A type of activity. Article 179 and Article 180 of the Turkish Obligation Code refer to asset and business transfer in terms of mergers and acquisitions. In general, companies tend to avoid any risk of tax obligations and liabilities arising from an asset transfer. According to the above-mentioned articles, if a legal entity takes over a business (company) with its assets and liabilities, then it is liable for the debts and credits of the same company. As it can be derived from Article 179 of the Turkish Obligations Code, starting from the notification to the creditors or announcement, the transferee and the transferor shall be jointly liable to indemnify the debtors for a period of two years. In some cases where the purchaser may not want to be liable for the debts and legal liabilities of the acquired company during the asset transfer, the legal documentation may vary depending on the nature of the asset. The relation between the transferor and transferee is based on the agreement made for the transfer of assets and liabilities of a business. Both parties are subject to the signed contract. The legal validation of the transfer should be announced through various means of communication. The asset transfers are taxable since they may be considered to be the income of selling a company, therefore a corporate tax liability applies. The asset transfer is generally subject to VAT based on the sales value of the assets. Although the VAT rate may differ according to the different assets (1%, 8% and 18%), the general rate for VAT is 18%. VAT liability can be reduced by different methods, such as the investment incentive certificate.
Important articles in asset transfer: a) Turkish Obligation Code: Articles 179 and 180 b) Bankruptcy Law: Article 280 c) Law on the Procedures for the Collection of Public Receivables: Article 30
TURKEY TRADENET COMMERCIAL ATLAS
INVESTING IN TURKEY
Why Invest In Turkey
Turkey is a country offering significant opportunities for foreign investors with its geographically perfect position to function as a gateway between Europe, Middle East and Central Asia. The opportunities exist not only in the dynamic domestic market, but also throughout the region. Hospitality and tolerance being the traditional cornerstones of the Turkish way of life, the country is open to foreign investors with many attractions to offer. Successful Economy Booming economy (USD 230 billion to USD 736 billion of GDP from 2002 to 2010) Sustainable economic growth (4.8 percent annual average real GDP increase for the last 8 years) Promising economy with a bright future as it is expected to be the fastest growing economy among the OECD members during 2011-2017 with an annual average real GDP growth rate of 6.7 percent 16th largest economy in the world and 6th largest economy compared with EU in 2010 Institutionalized economy fueled by over USD 94 billion of FDI in the last 8 years and ranked as the 15th most attractive FDI destination for 2008-2010 (UNCTAD) Population A population of 74 million people Largest youth population compared with the EU Half the population under the age 29 Young, dynamic, well-educated and multi-cultural population Qualified and Competitive Labour Force Over 25 million young, well-educated and motivated professionals Increasing labor productivity combined with decreasing real unit wage 4th largest labor force compared with EU The longest working hours, and the lowest sick day leaves per employee in Europe (53.2 hours worked per week and annual average of 4.6 sick days per employee) Approximately 500,000 graduates from 156 universities; around 663,000 high school graduates, including one third from vocational and technical high schools Liberal and Reformist Investment Climate A dynamic and mature private sector with USD 114 billion worth of exports and an increase of 225 percent between 2002 and 2010 Business-friendly environment with average of 6 days to set-up a company, while the average in OECD members is more than 13 days Highly competitive investment conditions Strong industrial and service culture Equal treatment for all investors More than 25,000 companies with international capital International arbitration; guarantee of transfers Infrastructure New and highly developed technological infrastructure in transportation, telecommunications and energy Well-developed and low-cost sea transport facilities Railway transport advantage to Central and Eastern Europe Well-established transportation routes and direct delivery mechanism to most of the EU countries
TURKEY TRADENET COMMERCIAL ATLAS Centrally Located A natural bridge between both East-West and North-South axes, thus creating an efficient and cost effective outlet to major markets Easy access to 1.5 billion customers in Europe, Eurasia, the Middle East and North Africa Access to multiple markets worth USD 23 trillion of GDP Energy Corridor and Terminal of Europe An important energy terminal and corridor in Europe connecting the East and West 70 percent of energy resources are located in the south and the east of Turkey, while the largest energy consumer, Europe, is located in the west of Turkey. Low Taxes & Incentives Corporate Income Tax reduced from 30 percent to 20 percent Individual Income Tax varies from 15 percent to 35 percent Tax benefits and incentives in Technology Development Zones, Industrial Zones and Free Zones could include total or partial exemption from Corporate Income Tax, up to 80 percent grant on employers social security share, as well as land allocation. R&D and Innovation Support Law Region and sector-based incentive system Customs Union with EU Since 1996 Customs Union with the EU since 1996, and Free Trade Agreements (FTA) with 20 countries More FTAs underway Accession negotiations with the EU Large Domestic Market 35 million internet users in 2010, up from 4 million in 2002 62 million GSM users in 2010, up from 23 million in 2002 46 million credit card users in 2010, up from 16 million in 2002 Over 102 million airline passengers in 2010, up from 33 million in 2002 28.5 million international tourist arrivals in 2010, up from 13 million in 2002
Incentives
The Investment Incentive System in Turkey The investment incentive scheme is continuously being amended to encourage investments in manufacturing and services, the energy sector and exports. Local and foreign investors have equal access to: the general investment incentive regime; incentives for large-scale; investments; region and sector-based incentives; R&D support; support for SMEs; industrial Thesis (SANTEZ) program ; loans for technology development projects; training support; state aid for exports.
TURKEY TRADENET COMMERCIAL ATLAS A. General investment incentive regime
The general investment incentive regime is mainly a tax benefit program, in some cases with credit possibilities. The implementation of the Turkish incentive regime varies depending on the location, scale and subject of investments.
The major incentive instruments are: 1) Exemption from customs duties: Customs tax exemption for imported machinery and equipment for projects with an incentive certificate 2) VAT exemption: VAT exemption for locally purchased or imported machinery and equipment for projects with an incentive certificate
B. Incentives for large-scale investments
Corporate tax rates between 2-10 percent for investments started before 31.12.2011 Social security premium contribution for employers for up to 7 years for investments started before 31.12.2011
Allocation of state land: Chemicals Investments totaling a minimum of TRY 1 billion in raw chemical materials production. Investments totaling a minimum of TRY 300 million in other chemical production. Oil industry Investments totaling a minimum of TRY 1 billion. Transit pipeline services Investments totaling a minimum of TRY 50 million. Automotive Investments totaling a minimum of TRY 250 million. Railways Investments totaling a minimum of TRY 50 million. Ports Investments totaling a minimum of TRY 250 million. Electronics Investments in LCD/plasma screen manufacturing totaling a minimum of TRY 1 billion. Investments in modular panel manufacturing totaling a minimum of TRY 150 million. Investments in Laser TV, 3D TV and OLED TV and other electronics sector investments, including information and communication technologies, totaling a minimum of TRY 50 million. Medical and optical devices: Investments totaling a minimum of TRY 50 million. Pharmaceuticals: Investments totaling a minimum of TRY 100 million. Aviation industry: Investments totaling a minimum of TRY 50 million. Machinery: Investments totaling a minimum of TRY 50 million. Mining: Investments in ore processing facilities and integrated metal (only IV/c group metals defined in Mining Law No. 3213) production mills totaling a minimum of TRY 50 million.
INVESTMENTS STARTED BEFORE 31/12/2010 INVESTMENTS STARTED BEFORE 31/12/2011 ZONES RATE OF CONTRIBUTION TO INVESTMENT* APPLICABLE CORPORATE TAX* RATE OF CONTRIBUTION TO INVESTMENT* APPLICABLE CORPORATE TAX* 1 30 10 25 10 2 40 8 35 8 3 50 4 45 4 4 70 2 65 2 *Reduced corporate tax shall be applied until the reduced tax amount reaches contribution-to-investment rates. Source: Eastern Blacksea Development Agency
SOCIAL SECURITY PREMIUM CONTRIBUTION FOR EMPLOYERS* LARGE SCALE INVESTMENTS ZONES INVESTMENTS STARTED BEFORE 31/12/2011 INVESTMENTS TO START AFTER 01/01/2012 1 2 years - 2 3 years - 3 5 years 3 years 4 7 years 5 years *Duration of social security premiums to be covered by the Treasury up to a minimum wage ceiling. Source: Eastern Blacksea Development Agency
However the social security contribution on the employees' share offered by the government cannot exceed:
ZONES Contribution Rate to Investment / Large Scale Investments (%) 1 2 2 3 3 5 4 7 Source: Eastern Blacksea Development Agency
C. Region and sector-based incentives Corporate tax rates between 2-10 percent for investments started before 31.12.2011 Social security premium contribution for employers paid for up to 7 years for investments started before 31.12.2011
Allocation of state land / Interest support (Zones 3 and 4) Zone 1: Investments that generally require the use of advanced technology, such as the automotive and supply industry, electronics, pharmaceuticals, machinery, medical and optical devices will be covered by incentives. Zone 2: Technology-intensive sectors will be generally supported. In this framework, machinery, smart multi-functional textiles, non-metal mineral products, paper, and food & beverage investments will be incentivized. TURKEY TRADENET COMMERCIAL ATLAS Zone 3 and Zone 4: Investments in agriculture, agriculture-based manufacturing industry, ready-to-wear clothing, plastics, rubber, metal goods, tourism, health and education will be covered by incentives.
Some additional sectors will be incentivized regardless of location: 1. The investment types, which are covered by Specialized Organized Industrial Zones established by the Ministry of Industry and Commerce may benefit from regional incentives (except for the zones in Istanbul) even if they are not among the selected sectors operating in the region. 2. Investments related to the transportation of cargo and/or passengers by sea may benefit from the incentives applied in Zone 2, whereas investments related to cargo and/or passenger transportation by air can benefit from the incentives available in Zone 1. Meanwhile, no incentive is provided to air taxi operations. 3. Railway investments by the private sector for inter-city cargo and/or passenger transportation, as well as railway investments for local cargo transportation are subject to incentives in all regions. In cases where transportation activities are available in more than one region, the expenditure related to the procurement of carriers is covered within the scope of the incentives granted to the region with the lowest development level. 4. Housing heating/cooling investments, achieved through geothermal energy and/or power plant waste energy, may benefit from regional incentives.
REDUCED CORPORATE TAX (%) REGION AND SECTOR-BASED INVESTMENTS
INVESTMENTS STARTED BEFORE 31/12/2010 INVESTMENTS STARTED BEFORE 31/12/2011 ZONES RATE OF CONTRIBUTION TO INVESTMENT* APPLICABLE CORPORATE TAX* RATE OF CONTRIBUTION TO INVESTMENT* APPLICABLE CORPORATE TAX* 1 20 10 15 10 2 30 8 25 8 3 40 4 35 4 4 60 2 55 2 *Reduced corporate tax shall be applied until the reduced tax amount reaches contribution-to-investment rates. Source: Eastern Blacksea Development Agency
SOCIAL SECURITY PREMIUM CONTRIBUTION FOR EMPLOYERS* REGION AND SECTOR-BASED INVESTMENTS ZONES INVESTMENTS STARTED BEFORE 31/12/2011 INVESTMENTS TO START AFTER 01/01/2012 1 2 years - 2 3 years - 3 5 years 3 years 4 7 years 5 years *Duration of social security premiums to be covered by the Treasury up to a minimum wage ceiling. Source: Eastern Blacksea Development Agency
However the social security contribution on the employees' share offered by the government cannot exceed: ZONES Contribution Rate to Investment / Region and Sector-based Investments (%) 1 6 TURKEY TRADENET COMMERCIAL ATLAS 2 8 3 10 4 14 Source: Eastern Blacksea Development Agency
INTEREST SUPPORT* (POINTS) REGION AND SECTOR-BASED INVESTMENTS ZONES LOAN IN TRY LOAN IN FOREIGN CURRENCY 1 - - 2 - - 3 3 1 4 5 2 *TRY 300,000 for R&D and environmental investments, TRY 500,000 for other investments, max.implementation period is 5 years. Source: Eastern Blacksea Development Agency
R&D support 1) R&D Law The R&D Law provides special incentives for R&D investment projects in Turkey if a minimum of 50 personnel are employed in an R&D center. The incentives within the new law will remain in effect until 2024 and include: 100 percent deduction of R&D expenditure from the tax base if the number of researchers exceeds 500, then in addition to the 100 percent deduction, half of the R&D expenditure increase incurred in the operational year compared to the previous year will also be deducted. Income withholding tax exemption for employees (this item will be effective until December 31, 2023.) 50 percent of social security premium exemption for employers for a period of 5 years Stamp duty exemption for applicable documents Techno-initiative capital for new scientists up to TRY 100,000 Deduction from the tax base of certain funds granted by public bodies and international organizations
2) Support for Technology Development Zones The advantages in Technology Development Zones are: Offices ready to rent, and infrastructure facilities provided. Profits derived from software development and R&D activities are exempt from income and corporate taxes until 31.12.2023. Deliveries of application software produced exclusively in TDZs are exempt from VAT until 31.12.2023. Wages of researchers along with software and R&D personnel employed in the zone are exempt from personal income tax until 31.12.2023. 50 percent of the employers share of the social security premium will be paid by the government for 5 years until 31.12.2024.
3) TUBITAK (Scientific and Technological Research Council of Turkey) and TTGV (Turkish Technology Development Foundation) both compensate or grant R&D related expenses and capital loans for R&D projects. Projects eligible for TUBITAK incentives: Concept development TURKEY TRADENET COMMERCIAL ATLAS Technological research & technical feasibility research Laboratory studies in the translation of a concept into a design Design and sketching studies Prototype production Construction of pilot facilities Test production Patent and license studies Activities concerning the removal of post-sale problems arising from product design
Support for SMEs SMEs are companies with less than 250 employees and less than TRY 25 million in revenue or turnover per year. Incentives granted to SMEs include: Exemption from customs duties VAT exemption for imported and domestically purchased machinery and equipment Credit allocation from the budget Credit guarantee support In order to meet financial needs of SMEs, a TRY 1 billion fund was transferred to the Credit Guarantee Fund (KGF) by the Treasury to create credit capacity worth TRY 10 billion. The guarantee limit is TRY 1,000,000 per SME and TRY 1,500,000 for the risk group that the SME related to. KGF covers up to 80 percent of the loan.
KOSGEB support to SMEs (www.kosgeb.gov.tr) The Small and Medium Sized Industry Development Organization (KOSGEB) makes significant contributions to strengthening SMEs by various support instruments in financing, R&D, common facilities, market research, investment site, marketing, export and training.
Industrial Thesis (SANTEZ) program Direct financial support for new technology, process development, quality improvement and environmental modification projects achieved via university partnerships: Up to 75 percent of the project budget could be supported by direct grants Project term is 3 years, with a possible extension of 6 months Laboratory analysis and test materials and equipment are supported The application file could be approved within 4 months, and the project supervision committee is independent
Loans for technology development projects The Technology Development Foundation of Turkey (TTGV) offers long term interest-free loans for technology development, renewable energy production, energy efficiency improvement and environmental impact-reduction projects. Exemplary support for environmental projects: The maximum contribution rate is 50 percent per project Maximum budget of USD 1 million per project The pay-back term is 4 years in total after project execution, including a one-year grace period
Training support ISKUR, the National Recruitment Agency, may support vocational training projects for a maximum period of 6 months. Direct salary support for interns, and unemployed candidates that are registered at ISKUR, (partial wage=TRY 15/day) during the pre-employment training session Social security premium expenses (Occupational accidents and occupational diseases) are covered by ISKUR. Program expenses such as the trainer's fee, energy and water bills are partially paid to the employer by ISKUR. The total amount is calculated by the cost per trainee and the employer must bill ISKUR for the services given. ISKUR considers the employer (company) the legal party in this training program. TURKEY TRADENET COMMERCIAL ATLAS A certain number (percentage) of trainees must be employed after the program. The Ministry of National Education cooperates for: Vocational schools with the desired programs could be opened according to the decision of the Ministry. The general cost of a trainee team for the adaptation of every requested program on a present vocational high school could be supported by the Ministry.
State aid for export The main aims of this scheme are to encourage exports and to increase the competitiveness of companies in international markets. This specific package mainly covers R&D activities, market research, participation in exhibitions and international fairs, and expenditure for patents, trademarks and industrial design.
TURKEY TRADENET COMMERCIAL ATLAS
IMPORT AND EXPORT ACTIVITIES
Foreign trade
The Turkish economy has shown remarkable performance with its steady growth over the last eight years. A sound macroeconomic strategy in combination with prudent fiscal policies and major structural reforms in effect since 2002, has integrated the Turkish economy into the globalized world, while transforming the country into one of the major recipients of FDI in its region.
The structural reforms, hastened by Turkeys EU accession process, have paved the way for comprehensive changes in a number of areas. The main objectives of these efforts were to increase the role of the private sector in the Turkish economy, to enhance the efficiency and resiliency of the financial sector, and to place the social security system on a more solid foundation. As these reforms have strengthened the macroeconomic fundamentals of the country, inflation drastically decreased to 6.4 percent by the end of 2010, down from 30 percent in 2002, while the EU-defined general government nominal debt stock fell to 41.6 percent from 74 percent in a period of eight years between 2002 and 2010. Hence, Turkey has been meeting the 60 percent-EU Maastricht criteria for the public debt stock since 2004.
As the GDP levels more than tripled to USD 736 billion in 2010, up from USD 231 billion in 2002, GDP per capita soared to USD 10,079, up from USD 3,500 in the given period.
The visible improvements in the Turkish economy have also boosted foreign trade, while exports reached USD 114 billion by the end of 2010, up from USD 36 billion in 2002. Similarly, tourism revenues, which were around USD 8.5 billion in 2002, exceeded USD 20 billion in 2010.
Significant improvements in such a short period of time have registered Turkey on the world economic scale as an exceptional emerging economy, the 16th largest economy in the world and the 6th largest economy when compared with the EU countries, according to GDP figures (at PPP) in 2010.
Prior to the recent global recession which hit all economies throughout the world, the Turkish economy sustained strong economic growth for 27 quarters consecutively, making it one of the fastest growing economies in Europe. However, the global financial crisis has considerably challenged the macroeconomic and financial stability of many economies by adversely affecting financing facilities and external demand, thus causing a significant slowdown in all global economic activities.
While the financial markets in Turkey proved resilient to the crisis, the decrease in external demand and slowing international capital flows have had a negative impact on the economy, thus causing an economic contraction in 2009. However, the perceived positive developments in the economy showed signs of a fast recovery beginning as early as the last quarter of 2009, with an impressive 5.9 percent economic growth rate, hence making Turkey one of the fastest recovering economies in the world. Its robust economic growth continued in 2010 as well, having reached 12 percent, 10.3 percent, 5.2 percent and 9.2 percent in the first, second, third and fourth quarters of 2010 respectively, thus achieving an overall growth rate of 8.9 percent throughout 2010. Turkey, with such a robust economic performance, stood out as the fastest growing economy in Europe and one of the fastest growing economies in the world. TURKEY TRADENET COMMERCIAL ATLAS Due to the implementation of the liberalization process since the 1980s, the Turkish economy has experienced a period of substantial growth. Foreign trade, in respect of both exports and imports, has grown rapidly and notable changes in the structure of exports have been observed. In this regard, industrial products have gained prominence over agricultural products. Turkey became a member of the World Trade Organization (WTO) in 1995. Following this move, it finalized an agreement with the European Union, enabling it to join the Customs Union on January 1, 1996.
Balance of Payments: Financing of Current Account Deficit (USD billion) 2003 2004 2005 2006 2007 2008 2009 2010 1. Current Account Balance -7.5 -14.4 -22.3 -32.2 -38.4 -42 -14 -48.5 2. Total Capital Inflows (Excluding Currency and Deposits & Reserve Assets) 6.4 20.1 37.7 48.5 48.2 45.3 3 43.3 FDI Inflows 1.7 2.8 10 20.2 22 19.5 8.4 9.1 External Borrowing of Non- Bank Private Sector (net) 2.3 7.7 12.6 17.1 28.7 26 -12.9 -5.2 Other (net) 3.1 9.7 15.1 11.2 -2.5 -0.2 7.4 39.4 3. Errors and Omissions 4.5 1.1 2.8 0.2 1.8 4.7 5.1 4.6 4. Currency and Deposits 0.7 -6 -0.3 -10.3 -3.5 -9.1 6.1 13.5 5. Change in FX Reserves -4 -0.8 -17.8 -6.1 -8 1.1 -0.1 -12.8 Source: Central Bank of the Republic of Turkey (CBRT)
Current Account Deficit / GDP (%): Source: Central Bank of the Republic of Turkey (CBRT), Under secretariat of the Treasury (*) with 2002 energy prices
TURKEY TRADENET COMMERCIAL ATLAS Exports and Tourism Revenues have increased at a record pace over the last few years.
Source: Turkish Statistical Institute (TurkStat)
In 2008, Turkeys exports and imports reached an all-time high; exports increased by 23 percent, reaching USD 132 billion, while imports rose by 19 percent, hitting USD 202 billion. In 2009, the year of the global financial crisis, Turkey managed to secure USD 102 billion of exports and USD 141 billion of imports. In 2010 exports grew by 12 percent to reach USD 114 billion.
Foreign Trade Statistics : USD million 2003 2004 2005 2006 2007 2008 2009 2010 Exports (FOB) 47,253 63,167 73,476 85,535 107,272 132,002 102,143 113,930 Imports (CIF) 69,340 97,540 116,774 139,576 170,063 201,961 140,929 185,493 Foreign Trade Volume 116,593 160,707 190,251 225,111 277,334 333,963 243,072 299,423 Foreign Trade Balance -22,087 -34,373 -43,298 -54,041 -62,791 -69,959 -38,786 -71,563 Exports / Imports (%) 68.1 64.8 62.9 61.3 63.1 65.4 72.5 61 Exports / GDP (%) 15.5 16.2 15.3 16.2 16.5 17.8 16.5 NA Imports / GDP (%) 22.7 25.0 24.3 26.5 26.2 27.2 22.8 NA Source: Central Bank of the Republic of Turkey
Exports In line with the policies implemented as part of the export-led development model followed since 1980, exportation has become important to Turkey in both qualitative and quantitative terms. Starting in particular in 1980 and continuing up to the mid-1990s, significant developments have been observed in the market share held by labor-intensive industrial products such as textiles and clothing, iron and steel, and foodstuffs. TURKEY TRADENET COMMERCIAL ATLAS In 1996, following the establishment of a Customs Union with the European Union, Turkey's exports entered a new structural transformation process. Developments in recent years show that production and exportation have increased substantially in high-technology sectors, where goods include electrical and electronic machinery and equipment, as well as in the automotive industry. In this respect, it can also be observed that the export market share of manufactured industrial products has increased.
Exports by Country Groups: USD million 2003 2004 2005 2006 2007 2008 2009 2010 Total Exports 47,253 63,167 73,476 85,535 107,272 132,027 102,129 113,930 A-EU Countries 27,394 36,581 41,365 47,935 60,399 63,390 47,013 52,670 B-Turkey's Free Zones 1,928 2,564 2,973 2,967 2,943 3,008 1,957 2,082 C-Other Countries 17,931 24,022 29,137 34,633 43,930 65,622 53,172 59,177 Other European Countries 3,362 4,507 5,855 7,962 10,843 15,678 11,318 11,388 Africa 2,131 2,968 3,631 4,566 5,976 9,063 10,154 9,302 North African Countries 1,577 2,203 2,544 3,097 4,030 5,850 7,416 7,042 Other African Countries 554 765 1,087 1,469 1,947 3,212 2,739 2,260 Americas 4,269 5,733 5,960 6,328 5,603 6,532 4,878 6,085 North American Countries 3,973 5,207 5,276 5,439 4,541 4,802 3,578 4,249 Central American Countries and the Caribbean 166 334 411 548 549 829 622 599 South American Countries 131 193 274 341 514 901 678 1,237 Asia 7,813 10,465 13,213 15,257 20,309 32,505 25,898 31,899 Near and Middle Eastern Countries 5,465 7,921 10,184 11,316 15,081 25,430 19,193 23,320 Other Asian Countries 2,348 2,544 3,029 3,942 5,227 7,074 6,706 8,578 Australia and 158 264 271 327 343 435 362 403 TURKEY TRADENET COMMERCIAL ATLAS New Zealand Other Countries 197 84 208 192 857 1,410 561 102
Selected Country Groups: OECD Countries 30,425 40,518 44,355 54,481 65,675 70,472 55,832 61,491 EFTA Countries 538 667 821 1,189 1,328 3,262 4,336 2,420 Organization of the Black Sea Ec. Cooperation 5,044 6,779 8,619 11,584 16,784 20,867 12,273 14,464 Ec. Cooperation Organization 1,569 2,206 2,670 3,341 4,700 6,248 5,948 7,617 Commonwealth of Independent States 2,963 3,962 5,057 6,993 10,088 13,938 7,957 10,295 Turkic Republics 899 1,194 1,409 1,982 2,874 3,749 3,399 3,922 Organization of the Islamic Conference 7,205 10,214 13,061 15,007 20,311 32,597 28,627 32,509 Source: Turkish Statistical Institute (TurkStat)
Imports The Turkish import regime highlights the liberalization of Turkish imports in line with its commitment to complete the Customs Union with the EU, its relationship with EFTA, and its obligations under the World Trade Organization (WTO). Turkey has placed special emphasis on its commitment to reduce customs duties in order to align itself with the Common Customs Tariff. Turkey has made some necessary modifications to its import regime, and by January 1, 1996 the Customs Union with the EU became effective. The basic aims of Turkeys import policy since the early 1980s can be summarized as follows: To reduce protectionist measures in conformity with the new GATT rules To reduce bureaucratic procedures To secure a supply of raw materials and intermediary goods at suitable prices with certain quality standards
Turkey's Membership of International Trade Organizations Turkey has been a member of the World Trade Organization (WTO) since 1995. The countrys commitment to integrating regional and international trade norms can be seen in its participation in and membership of various organizations, including the Economic Cooperation Organization (ECO), the United Nations Conference on Trade and Development (UNCTAD), the Organization of the Black Sea Economic Cooperation (BSEC), the World Customs Organization (WCO), the International Chamber of Commerce (ICC), D-8, and various other organizations. In addition to the Customs Union with the EU, Turkey has signed Free Trade Agreements (FTA) with Iceland, Norway, Switzerland and Lichtenstein, Georgia, Israel, the Former Yugoslav Republic of Macedonia, Croatia, Bosnia-Herzegovina, Tunisia, Morocco, the Palestinian Authority, Syria, Egypt, Albania, Montenegro, Serbia, Chile, Jordan, and Lebanon (where Lebanon is in the ratification process).
Import Regime of Turkey The Turkish Import Regime is based on the Import Regime Decree which was originally published in the Official Journal, dated 31 December 1995 and No: 22510. At the end of each year, this decree is amended by a Supplementary Decree which specifies the upcoming year's regime details. For the year 2010, the Supplementary Decree for the Import Regime Decree - 2009/15710 was published in the Official Journal, dated 31 December 2009 and No: 27449 bis. 2 (came into force as of 1 January 2010). In the current import regime there are 6 different lists as defined below: TURKEY TRADENET COMMERCIAL ATLAS Agricultural Products (List I) Industrial products (List: II ) Processed agricultural products (List: III ) Fish and fishery products (List: IV ) Suspension list (List: V ) Civil Aircraft and Goods for Use in Civil Aircraft (List VI) The Annexes of the Import Regime Decree - Along with the 6 different lists mentioned above, there are 6 annexes to the current import regime decree: Annex I - Additional Code-by Composition (Meursing Table) Annex II - Agricultural Component table Annex III - The List of Countries and Territories which benefit from Generalized System Of Preferences (GSP) The List of Developing Countries (also shows the Chapters Excluded from GSP) Countries Benefiting from Special Incentive Arrangements The List of The Least Developed Countries Annex IV - Chapter List Annex V- Product Group List (listing the Sensitive and Non-sensitive products within the Generalized System Of Preferences (GSP) concept) Annex VI - Abbreviations
The Additional Code-by Composition (Meursing Table) and Agricultural Component table Are used to define the agricultural component of certain products. Here you can find additional codes for agricultural products by entering the products content of milk fat, milk protein, sugar/invert sugar/glucose and starch/glucose.
Customs Union and Free Trade Agreements (FTA) A Customs Union Agreement between Turkey and the European Union has been in effect since 1996. The agreement allows trade between Turkey and the EU countries without any customs restrictions. The EU-Turkey Customs Union is one of the steps towards full Turkish membership of the EU itself. Turkey has FTAs with 20 countries, creating a free trade area in which the countries agree to eliminate tariffs, quotas and preferences on most goods and services traded between them.
TURKEY TRADENET COMMERCIAL ATLAS
SOURCES OF FINANCING BUSINESS ACTIVITIES
General considerations, types of sources
Turkey provides various incentives and grants to the investors for the purpose of facilitating larger investments and capital contributions by the local and foreign investors and eliminating the regional imbalances. Although a new incentive regime is being discussed in order to boost exports and diminish imports, the current incentive regime is in line with Turkeys commitments under the WTO and EU Customs Union, hence, it is within the scope of international liabilities and commitments of Turkey.
Public sources EU, international, national
National Programs
Initial Investments in business start-up and development EU FUNDS - From 2007 onwards, EU is channelling its pre-accession funding through one single instrument called the Instrument for Pre-Accession Assistance (IPA). This new instrument is drawn from the European Commissions experience with previous enlargements and the needs of candidate and potential candidate countries. IPAs aim is to be a bridge between external assistance and internal policies. IPA objectives are the following: Support Turkey in its bid for membership, including the necessary economic, political and social reforms Help prepare the country for the management of structural funds IPAs five components are: Transition Assistance and Institution Building Component I Regional and Cross-Border Co-operation Component II Regional Development Component III Human Resources Development Component IV Rural Development Component V This components includes programmes affecting SMEs directly or in-directly.
GRANTS
KOSGEB (Small and Medium Enterprises Development Organization) - www.kosgeb.gov.tr
Entrepreneur Support Programme Objectives: Developing and disseminating the entrepreneurship as the basic factor for solving the economic development and employment issues, Establishing successful and sustainable enterprises, Disseminating the entrepreneurship culture, Developing entrepreneurship by establishing the Business Improvement Centers (BICs), Raising the employment level, Supporting the entrepreneurship based on the local dynamics
SME Project Support Program Objectives: Need for a program in which the problems specific to the enterprises are handled in those enterprises' projects that can financially be supported. Developing the project preparation culture and awareness in SMEs, Enhancing enterprises' project developing capacity, TURKEY TRADENET COMMERCIAL ATLAS Need for flexible supporting system
R&D, Innovation and Industrial Application Support Program Objectives: Developing the SMEs and entrepreneurs possessing new ideas and inventions Supporting techno-promoters who have technologic ideas, Disseminating R&D awareness throughout the SMEs and expanding R&D capacity Enhancing actual R&D support Supporting innovative activities Need for support mechanism for the commercialization and the industrial application of the R&D and innovation project's output
KOSGEB Cooperation, Collaboration, Support Program The Program aims at bringing together the SMEs under the mentality of Cooperation- Collaboration for Finding common solutions for common problems, Finding solutions for problems such as supply, marketing, low capacity utilization, low competitiveness and finance for which SMEs find it too difficult to find solutions on their own, Transforming SMEs into enterprises with high capacity utilization and competitiveness, Making source-saving by means of scale economy, Developing a partnership and cooperation culture among SMEs.
R&D, Innovation and Industrial Application Support Programme Objectives: Developing the SMEs and etrepreneurs possesing new ideas and inventions Supporting techno-promoters who have technologic ideas, Disseminating R&D awareness throughout the SMEs and expanding R&D capacity Enhancing actual R&D support Supporting innovative activities Need for support mechanism for the commercialization and the industrial application of the R&D and innovation project's output
TKDK (Agriculture and Rural Development Support Institution) - www.tkdk.gov.tr Within the scope of IPARD, the EU distributes rural development grants through TKDK in Turkey. The grants will be distributed in 42 cities until 2013. to contribute to the modernisation of the agriculture sector (including processing) through targeted investments while at the same time encouraging the improvement of EU acquis related food safety, veterinary, phyto- sanitary, environmental or other standards as specified in the Enlargement Package to contribute to the sustainable development of rural areas." as well as "preparatory action for implementation of the agri-environmental measures and local rural development strategies."
Regional Development Agencies (RDA)- Objectives: to provide the technical support to the planning works of local authorities to support activities to carry out regional plan and programme, follow and report to The Ministry of Development to support to improve capacity to observe projects are carried out by public sector, private sector and non- governmental organizations in that zone to enhance cooperation between public sector private sector and non-governmental organizations to use of sources are available to regional plan and programme to determine regional resources and facilities, enhance social development and support researches for increasing competitive capacity to introduce business and investment facilities of that zone national and international to coordinate and follow warrant and permission procedure of investors in that zone TURKEY TRADENET COMMERCIAL ATLAS to support small and medium entrepreneurs in different ways. to introduce international programmes that turkey joined
There are 26 development agencies in Turkey and they are shown at table below:
Names of The Development Agencies Provinces covered by the development agency Websites zmir DA zmir www.izka.org.tr ukurova DA Adana, Mersin www.cka.org.tr stanbul DA stanbul www.iska.org.tr Dou Anadolu DA Btlis,Hakkari,Mu, Van www.daka.org.tr Orta Karadeniz DA Amasya, orum, Samsun, Tokat www.oka.org.tr Kuzey Dou Anadolu DA Bayburt, Erzincan,Erzurum www.kudaka.org.tr Mevlana DA Karaman, Konya www.mevka.org.tr pekyolu DA Adyaman,Gaziantep,Kilis www.ika.org.tr Karacada DA Diyarbakr, anlurfa www.karacag.org.tr Dicle DA Batman, Mardin,rnak, Siirt www.dika.org.tr Trakya DA Edirne,Krklareli,Tekirda www.trakyaka.org.tr Gney Marmara DA Balkesir,anakkale www.gmka.org.tr Gney Ege DA Aydn, Mula www.geka.org.tr Kuzey Ege DA Afyonkarahisar, Ktahya, Manisa,Uak www.egekalkinmaajansi.org Bursa, Eskiehir, Bilecik DA Blecik, Eskiehir, Bursa www.bebka.org.tr Dou Marmara DA Bolu, Dzce, Kocaeli, Sakarya, Yalova www.marka.org.tr Ankara DA Ankara www.ankaraka.org.tr Bat Akdeniz DA Antalya, Burdur, Isparta www.baka.org.tr Dou Akdeniz DA Hatay, Kahramanmara, Osmaniye www.dogaka.org.tr Ahiler DA Aksaray, Krkkale, Nevehir,Krehir, Nide www.ahi-ka.org.tr Orta Anadolu DA Kayseri, Sivas, Yozgat www.oran.org.tr Bat Karadeniz DA Bartn, Karabk, Zonguldak www.bakka.org.tr Kuzey Anadolu DA ankr, Kastamonu, Sinop www.kuzka.org.tr Dou Karadeniz DA Artvin, Giresun, Gmhane, Ordu, Rize, Trabzon www.doka.org.tr Serhat DA Ar, Ardahan, Idr, Kars www.serka.org.tr Frat DA Bingl, Elaz, Malatya, Tunceli www.fka.org.tr Source: Ministry of Development
Turkish Technology Development Foundation (TTGV) www.ttgv.org.tr The Turkish Technology Development Foundation was set up to raise the industrial sectors awareness of R&D and to support technological development projects in the Turkish Industry through the funds provided by the Under Secretariat of Treasury from the resources of the World Bank. This Foundation continues its activities as a successful example of Private and Public Sector cooperation. In this respect, the Foundation promotes the R&D activities of the industrial sector; contributes to the creation of the necessary infrastructure for technology to produce a commercial and marketable product, system or service; provides financial support; and undertakes studies aimed at improving the legislative and institutional framework for R&D.
TURKEY TRADENET COMMERCIAL ATLAS Technology and innovation funding programmes directorate (TEYDEB) Aiming to fasten the process of conversion of the technology to profit, Technology and Innovation Funding Programs Directorate (TEYDEB) was established to fund the technology development and innovation activities of the companies in Turkey. Thus, it is targeted to increase research-technology development capability, innovation culture, and competitiveness of Turkish companies. In line with these objectives, TEYDEB designs and executes various funding programs. TEYDEB contributes to the process of transformation of technology in to the common good considering that it is the most important economic development source. In line with these targets, TEYDEB encourages research and development activities of private companies settled in Turkey. TEYDEBs vision is to support Turkish private companies to be more competitive around the world in the fields of research, technology management and innovation and become worldwide known enterprise with exemplary applications. TEYDEBs mission is to boost the global competitiveness of Turkish private companies equipped with research, technology development and innovation capabilities and play a leading role in the creation of entrepreneurship culture to improve prosperity of the country. TEYDEB has been using the following means to reach the mission: Designs, develops and implements project based on Research, Technology and development (RTD) funding instruments so as to share risks of companies resulted by RTD activities, Facilitates the formation of co-operation between industry and academia to get them actively involved in design of the technology transfer mechanisms, Designs and implements evaluation and monitoring systems to determine socio- economic impact of its funding programs. Organizational structure of TEYDEB is flexible to deal with new programs and activities. There are currently five technology groups in TEYDEB: Machinery and Manufacturing, Electrical and Electronics, Material, Metallurgical and Chemical, Biotechnology, Agricultural, Environmental and Food, Information Technologies. These technology groups were established not only to evaluate and monitor R&D projects in their domains but also to assist companies to mature their project ideas, give an impetus them make collaborations with academia.
Industrial Thesis (San-Tez) Program http://sagm.sanayi.gov.tr The Industrial Thesis (SAN-TEZ) Program will help our SMEs forming a large proportion of our industry acquire an R&D and Technology Culture, solve their problems by using the knowledge produced at universities, and gain the habit to solve their problems in cooperation with universities, and is also a support mechanism which will help the academics who carry out studies for to-be-commercialized products turn their studies into value added.
EU Programs From 2007 onwards, EU is channeling its pre-accession funding through one single instrument called the Instrument for Pre-Accession Assistance (IPA). This new instrument is drawn from the European Commissions experience with previous enlargements and the needs of candidate and potential candidate countries. IPAs aim is to be a bridge between external assistance and internal policies. IPA objectives are the following: Support Turkey in its bid for membership, including the necessary economic, political and social reforms Help prepare the country for the management of structural funds IPAs five components are: Transition Assistance and Institution Building Component I Regional and Cross-Border Co-operation Component II Regional Development Component III Human Resources Development Component IV Rural Development Component V This components includes programmes affecting SMEs directly or in-directly.
TURKEY TRADENET COMMERCIAL ATLAS Research and Innovation European Union Framework Programme FP7 http://www.fp7.org.tr/ EU Framework Programme is the main Community Programme which supports multinational research and technology development projects in the EU. FP7 aims at collecting all EU initiatives concerning research under one single umbrella in order to achieve the Lisbon objectives. FP7 is composed of the Special Cooperation Programme, Special Ideas Programme, Special Individual Support Programme and Special Capacities Programme. Eureka Programme http://www.eureka.org.tr/ It is the international cooperation platform through which market-oriented projects for development of products and processes that are easy-to-be commercialized are supported. EUREKA, established in 1985 by European Union and 18 countries including Turkey, has supported more than 4000 R&D project and created more than 29 billion-Euro R&D volume since then. EUREKA aims at ensuring standing R&D cooperation among large industrial enterprises and SMEs, universities and research institutes in member countries in order to enhance the competitiveness of Europe. Human resources development ISKUR Skills 10 support Programme http://bbs.beceri.org.tr/BBS/kurs.do The Specialized Vocational Course Centres (SVCC) Skills 10 Project was initiated in order to solve the problem of unemployment stemming from the supply and demand mismatch in the labour market. This programme is a mobilization for skill-acquisition and employment. The project started with the protocol concluded by and between Turkish Union of Chambers and Stock Exchanges, Ministry of Labour and social Security, Ministry of National Education and TOBB Economy and Technology University in 19 provinces and is today operational in 81 provinces. You can apply for the employment-guaranteed courses under the SVCC Skills 10 Project at the following web address: Life-Long Learning Programme The overall objective of this programme is to create an institutional framework, in harmony with the EU practices and in line with the life-long learning perspective, in order to support development and implementation of consistent and comprehensive strategies for enhancing life-long learning and to provide individuals with the access to education to increase their employment opportunities. The indicative total amount allocated for this call for proposals is 5.000.000 Euros, 85% of which is funded by the EU Commission and 15% by general budget of Republic of Turkey as a co-financing activity.
Private sources, including bank loans
World Bank http://www.worldbank.org The World Bank provides vital financial and technical assistance for developing countries worldwide. It consists of two development institutions: International Bank of Restructuring and Development (IBRD) and International Development Association (IDA). Low-interest or interest-free loans and grants are available through these institutions for developing countries in field of education, health, infrastructure, agriculture and so on.
Turkish Development Bank http://www.kalkinma.com.tr/ The overall objective is to provide loans for joint stock companies under the mentality of profitability and productivity, and provide them with finance and operational support by means of participation, to direct both domestic and international savings towards development-oriented investments, to contribute in development of capital markets, to finance both domestic and international joint investments and to carry out any development and investment banking function.
Turkish Eximbank www.eximbank.gov.tr/ TURKEY TRADENET COMMERCIAL ATLAS Main objectives of Turkish Eximbank include improvement of exports, diversification of goods and services exported, finding new export markets, increasing the share of exporters in international trade and supporting them in their initiatives, giving contractors and investors operating in international arena competitiveness and guarantees they need, and supporting and promoting foreign investments and production and marketing of goods and services produced for exporting purposes. Turkish Eximbank has branch offices in Istanbul and Izmir, and contact offices in Denizli, Kayseri, Gaziantep, Bursa, Adana and Trabzon.
Turkish Investment Support and Promotion Agency (TISPA) www.invest.gov.tr/ The goal of Investment Support and Promotion Agency (TISPA) of Prime Ministry, Republic of Turkey, is to promote the investment environment Turkey is offering towards the global business community and to support the investors in any stage of the investment they make in Turkey. TISPA renders services including Market surveys and analysis, Industry and sector reports, Evaluations of investment conditions, Field selection, Finding companies for possible partnerships and joint ventures, Ensuring correspondence and communication with relevant public authorities and institutions, Simplification of legal procedures and legislations in establishment of companies, incentive applications, licensing and working/residence permits.
TURKEY TRADENET COMMERCIAL ATLAS
ENTREPRENEURIAL CULTURE
General considerations
Turkey offers quite a sophisticated platform for entrepreneurs. It has a diversified industrial base, a relatively stable political and economic environment, a critical mass of willing early adopters, a considerable talent pool, a strong domestic market and underserved neighbouring markets. Yet, currently only 6 out of 100 people are entrepreneurs a very low rate given the countrys level of development.
Some researches have identified many obstacles, including the high costs of navigating the inefficient and inconsistent bureaucracy, the difficulty in protecting intellectual property rights, and monopolistic marketplace dynamics in which dominant players abuse smaller suppliers. It is also difficult to hire and fire in Turkey. According to the World Banks Doing Business indicators, Turkey ranks among the most difficult countries in this regard (143 out 183 countries). Then there is the problem of limited access to capital. For Turkeys youth, entrepreneurship seems like a pipedream given this financial limitation. Accordingly, Endeavors (an entrepreneurship platform) entrepreneurship experts recommend that the government launch alternative capital markets, incentivize small business lending and enact regulatory reform labor laws (to allow for part-time, flex-time and long-term consultants). Perhaps most difficult to change, as is often the case around the world, is culture. Although entrepreneurs by necessity are generally respected for their work ethic, entrepreneurs by choice who have other promising career options are often discouraged by their families. High-impact entrepreneurs are admired but considered lucky. In addition, the absence of a win-win social and business culture undermines entrepreneurship and innovation. Thus, Turkey is in as much need for cultural capital as financial capital.
Beyond culture, there also lie challenges with skills and within the education system. Among young Turks, vocational high school students are more inclined to explore entrepreneurship as a career path than the more skilled students, but they lack business skills and the necessary self-esteem due to a vocational school stigma. Endeavor has also found that the average persons ability to identify business opportunities is low. Introducing entrepreneurial thinking and entrepreneurship education early at all levels can go very far in nurturing a culture that rewards prudent risk-taking. Turkey could also incentivize university-private sector collaborations to expose students to the power of entrepreneurship.
Turkey has a lot of work to do to truly tap its entrepreneurial potential and reap the rewards of its investment in R&D (according to the Legatum Prosperity report, Turkish investment in R&D ranks in the top 30 worldwide). The good news is that there is recognition within the government about the urgent need to remove barriers and create incentives. There is a tidal wave of 12 million youth aged 15-24 about to enter the labour market and significant lay-offs during the economic crisis have spurred new interest in entrepreneurial activity. Perhaps added encouragement by President Obama later this month will connect the dots for Turkeys government, universities and youth communities in seeing the powerful role entrepreneurialism can play in turning this into an economic opportunity.
Since the beginning of the 1990s, there has been in an increase in womens entrepreneurship development activities by public institutions and civil society organizations as well as international organizations in Turkey. This unforeseeable increase is the result a growing interest in womens entrepreneurship in relation to womens economic participation in Turkey. Promoting entrepreneurship among women has been seen increasingly as a solution to womens unemployment, as well as a means through which women can have a certain degree of economic independence. TURKEY TRADENET COMMERCIAL ATLAS
Despite the rapid proliferation of policies, programs and activities in the area, there has been no thorough and systematic account of these efforts to understand the current state of womens entrepreneurship. What have the states policies towards womens entrepreneurship been? What kinds of measures have been taken to encourage and support women entrepreneurs by government agencies and other public institutions? Which NGOs have been actively involved in activities aiming to encourage women to become small entrepreneurs? Who are the targets of the projects? How many projects have been implemented in recent years and where have they been located geographically? What has the role played by international organizations been? Have womens entrepreneurship projects been started as a result of a real need raised by the women involved?
Main characteristics of entrepreneurial activity During 2010, 3.73 % of the adult population in Turkey was nascent entrepreneurs and 5.08% new business owners. The TEA was 8.59%, slightly higher than the average of 6% recorded for 2006 2008. The established business ownership rate (owned and managed a business older than 42 months) was 10.73% indicating that the survival of early-stage businesses in Turkey is much higher than the year of 2008 (5.46%).
In terms of motivation, almost 1.43 times as many respondents cited opportunity (4.58%) as opposed to necessity (3.19%) as their reason for starting a business. The male entrepreneurial activity rates (13.45%) are 3.6 times higher than that for females (3.67%). Although there is a slight increase in the number of women active as early-stage entrepreneurs in 2010, Turkey has the 4th highest male/female ratio among the GEM (Global Entrepreneurs Monitor) participating countries. Growth aspirations of early-stage entrepreneurial business (more than 10 employees and more than 50% expected growth in the next 5 years) are 27% which remains stable compared with 2008. Turkey still has a high growth aspiration among GEM countries (ranked 4th in the list of GEM countries).
Entrepreneurial activity & the economic crisis The GEM outcomes for 2010 are, on the whole in line with the findings for previous years indicating that entrepreneurial activity in Turkey is increasing slightly. This years results confirm the tendency observed in previous years regarding an increase in necessity based entrepreneurs (from 1.79% in 2006 to 1.98% in 2007, to 2.3% in 2008, to 3.19% in 2010), which also explains part of the increase in the total early-stage entrepreneurship. Two-thirds of early stage entrepreneurs claimed that the starting a business is more difficult compared to a year ago, whilst 45% felt it was more difficult to grow a business compared to a year ago. However, the majority of start-up or existing businesses still see more opportunities for their business.
All perception variables, shown to be important in an individuals decision to become an entrepreneur, are more positive for men than for women: more than 68% of men and only 40% of women believe that they have skills, experience and knowledge needed for entrepreneurship; almost 41% of men and 31% of women believe in good business opportunities in the next 6 months; 28% of men and 37% of women stated that fear of failure would prevent them from starting a business and 68% of men and 40% of women know a person who started a business in the past two years.
TURKEY TRADENET COMMERCIAL ATLAS
LOCAL RESOURCES FOR CROSS BORDER BUSINESS COOPERATION
Infrastructure The Turkish infrastructure sector attracts more and more investors every day, focusing on long-term business opportunities.The national and local authorities in Turkey have been implementing numerous infrastructure projects through Public and Private Partnership (PPP) and they are also keen to realize further infrastructure projects in education, energy, defense, health, transportation and other public services. The Information and communication Technologies (ICT) The Information and communication technologies (ICT) sector has become an essential part of the economy, in particular social life, since it is directly or indirectly affecting the ever- changing business world. Turkey is well aware of the fact that this sector will have a much more influential role in the future than it currently has. Searches for solutions brought about by this development and growth, which are appropriate for the requirements of today, and the efforts to enable todays economic and social life to acquire these most up to date and fast solutions instantly, together form the basis of information and communication technology, since these solution searches basically require the utmost efficient utilization of both time and physical resources. In this regard, Turkey has increased its interest in the ICT sector further, and started the necessary studies so as to have a voice in the sector in the future. The greatest indicators of these efforts are the new initiatives and R&D Law issued for the investors. Environmental Technologies Investments in environmental technologies are highly supported by government in Turkey. Attracting environmentally friendly investments is also a key objective of the Investment Support and Promotion Agency of Turkey (ISPAT). Local municipalities in Turkey also play an important role in recycling, water purification, waste-sewage treatment, environmental remediation and solid waste management. Energy efficiency is an essential part of the environmental policies in Turkey. Turkey has implemented most of the European legislation on energy efficiency.: Renewable energy is an important segment of environmental technologies. Turkeys primary energy sources include hydropower, geothermal, wood, animal and plant waste, solar and wind energy. Turkeys geographical position has several advantages for extensive use of most of these renewable energy sources. The Renewable Energy Law was enacted in 2005 in order to encourage renewable energy generation in competitive market conditions. Support Centers The fact that companies have started to give importance to customer relations, that retail channels in the market have increased, that the personal banking is developing and that new technologies are being integrated into business processes have, together, led to the development of the call center sector. Within this framework, the number of personnel working in call centers has significantly increased, and the customer relations field has become more professional, with the result that companies are focusing on their primary line of business by outsourcing their customer relations management activities. TURKEY TRADENET COMMERCIAL ATLAS Energy Turkey has become one of the fastest growing energy markets in the world in parallel to its economic growth registered in the last eight years and is rapidly gaining a competitive structure. The Turkish Electricity Transmission Company estimates that Turkeys demand for electricity will increase at an annual rate of six percent between 2009 and 2023. The growing energy demand in Turkey is one of the significant factors along with market liberalization and the countrys potential role as an energy terminal in its region. These three factors play an important role in shaping the investment opportunities in Turkey. Financial Services Turkeys financial sector is still in the development stage, with financial services ready for further expansion, driven by solid economic growth along with declining interest rates and inflation. According to the Turkish Banking Regulation and Supervision Agency (BRSA), the Turkish financial sector increased by approximately 20 percent of CAGR between 2002 and 2010. As regards asset sizes, 77 percent of the assets belong to the banks, meaning that the sector is dominated by the banks. The Turkish insurance sector is also developing rapidly with 25 percent of CAGR during 2002-2010, and has gained new momentum after the social security reform that has introduced universal health insurance. Real Estate The Turkish real estate sector, offering ever-greater opportunities for investors every year, has come to prominence especially in the last decade. Although with the recent economic crisis and the global economic recession the European and US real estate markets have been negatively affected, the real estate market in Turkey is still promising. While the reduction in demand and a downward trend in house prices have been observed all over Europe, according to TurkStat statistics the number of apartment units sold in Turkey in the second quarter of 2011 increased by 18 percent compared with the same period of 2010, which shows that the country has huge growth potential in the real estate sector. Machinery The machine manufacturing industry holds strategic significance in the development process of countries creating a multiplier effect in economic development by defining the manufacturing skills of other sectors through investment, intermediate goods and the services it offers. A developed machine manufacturing industry provides a critical competitive power over other countries in the manufacturing industry. The machinery industry in Turkey has been growing at a rate of nearly 20 percent per year since 1990. The growth of the Turkish machinery sector is backed by highly competitive and adaptable small and medium-sized businesses (SMEs), which form the bulk of the industrial production in the country. Healthcare The healthcare system in Turkey has entered a long period of development under the 2003- 2013 Health Transformation Program. The purpose of the program is to increase the quality and efficiency of the healthcare system and enhance access to healthcare facilities. Transportation and Logistics Turkey lies between Europe and Asia serving as a bridge geographically, culturally and economically. In Turkey, investments in the transportation system are concentrated on land transportation infrastructure, and the country has developed one of the largest land TURKEY TRADENET COMMERCIAL ATLAS transportation fleets in Europe. The network of highways has been developed significantly and the highway length now stands at 64,865 km, of which 2,080 km are motorways. At present 95 percent of passengers and 90 percent of goods are conveyed by highway transport. Turkey has a competitive advantage in maritime transport since it is surrounded by seas on three sides with the Mediterranean, the Aegean, and the Black Sea, together with the straits of the Dardanelles and the Bosphorus. The length of Turkeys coastal borders is 8,333 km. Food and Beverage Turkeys food industry has registered a steady growth in recent years, with the Turkish consumers becoming increasingly demanding, driven by the multitude of choices offered by mass grocery retail outlets. Rising disposable income and changing consumption patterns, along with the increase in the number of females in full-time employment, have all led to an increase in interest as regards packaged and processed food, such as ready-to-eat meals and frozen food. As the sector is getting more sophisticated, Turkey is becoming one of the largest markets for baked goods with its bread - an important element of the Turkish diet - leading to some of the highest rates of per capita consumption in the world. On the other hand, subsector dairy products including milk, yoghurt, cheese, kefir and ayran (a drink made of yoghurt and water) form an integral part of the traditional Turkish diet. Traditionally, artesian, unpackaged products have dominated the Turkish dairy market, holding back widespread growth but also posing a potential to the investors. Agriculture With its favorable geographical conditions and climate, Turkey is considered to be one of the leading countries in the world in the field of agriculture and related industries. This impressive position is best attested by rising exports in almost every kind of agricultural products, placing the country amongst the worlds largest producers. The restructuring efforts that began in the early 1980s, alongside a series of reforms such as privatizations and the reduction of trade barriers in the agriculture sector, resulted in a domestic market that is an integral part of the world economy today. Subsequently, agricultural exports, excluding processed food, increased to USD 5 billion in 2010, up from USD 1.7 billion in 2002. Tourism As a country full of traces of various cultures that have influenced their time and geography, Turkey has a cultural heritage with roots going as deep as the first civilizations ever recorded in history. Home to a mosaic of people that have built empires, the countrys riches are so extraordinarily diverse that visitors can experience a modern way of life, while at the same time catching a glimpse of the distant past. Data of Import and Export
FOREIGN TRADE BY INTERNATIONAL INDUSTRY STANDARD CLASSIFICATION Million Dolar Export Y E A R 2008 2009 2010 2011 Agriculture and Forestry 3.937 4.347 4.935 5.169 Fishing 240 189 156 186 Mining and Quarrying 2.155 1.683 2.687 2.806 Manufacturing Industry 125.188 95.449 105.467 126.025 Others 507 474 639 786 T O T A L 132.027 102.143 113.883 134.972
TURKEY TRADENET COMMERCIAL ATLAS
Million Dolar Import Y E A R 2008 2009 2010 2011 Agriculture and Forestry 6.392 4.594 6.457 8.895 Fishing 41 31 33 49 Mining and Quarrying 35.650 20.625 25.933 37.331 Manufacturing Industry 150.252 111.031 145.367 183.923 Others 9.628 4.648 7.755 10.636 T O T A L 201.964 140.928 185.544 240.834
Source: Ministry of Economy
Tradenet Commercial Atlas is a guideline for business relations between companies located in the Black Sea basin - Romania, Bulgaria, Greece, Armenia and Turkey. Contact person: Mrs. Rodica Belteu project coordinator Tel. +40 241 550960 Fax. +40 241 619454 e-mail: een@ccina.ro
BLACK SEA TRADENET
Chamber of Commerce, Industry, Shipping and Agriculture, Constanta
January 2012
This publication has been produced with the assistance of the European Union. The content of this publication are the sole responsibility of the Chamber of Commerce, Industry, Shipping and Agriculture, Constanta and can in no way reflect the views of the European Union.