Tag Archives: Foreign Investment

CUBA INCHES TOWARD TRANSPARENCY, SEEKING INVESTMENT AND CREDIT

Wed Dec 24, 2014

 By Marc Frank

HAVANA, Dec 24 (Reuters) – Cuba released more information on its fragile external finances this week than it has in over a decade, as it seeks foreign investment and credit following its sudden improvement in relations with the United States.

The government revealed a healthy current account surplus of $1 billion for 2014, supported by remittances and the re-export of oil that it receives on favorable terms from Venezuela, its closest ally. An estimate of foreign currency reserves, normally a state secret, has also surfaced. Western diplomats told Reuters they had seen a figure of $10 billion on what appeared to be an official economic report.

The revelations followed U.S. President Barack Obama’s announcement last week that Washington would restore diplomatic ties with Cuba and lift some economic sanctions in a dramatic about-face after more than five decades of confrontation.

Hungry for fresh credit but in no position to enter the bond market, Cuba has over the past four years restructured billions of dollars worth of debt with China, Japanese commercial creditors, Mexico and Russia, obtaining substantial reductions in what it owed in exchange for payment plans it can meet.

It has also significantly increased tax incentives for foreign investment, although companies say tax cuts are not enough and complain about a lack of information needed to make investment decisions.

Debt negotiations with the Paris Club of creditor nations may begin next year after 18 months of informal contacts, according to European diplomats, but they say Cuba will have to first open its books. It appeared to be making a start this week.

FRESH FIGURES

Diplomats said the reserves figure of $10 billion seemed feasible as Cuba has increased its reserves for fear of economic and political turmoil in Venezuela. It also plans to unify the dual monetary system and devalue the one-to-one exchange rate with the dollar.

Cuba last reported its “active” foreign debt, accumulated after it declared a default in the late 1980s, as $13.9 billion in 2011. It no longer reports its “passive” debt from before the default, which economists estimate at $8 billion.

Pavel Vidal, a former Cuban central bank official who now lives in Colombia but follows Cuba’s finances closely, said he estimates the foreign debt is “somewhere between $25 billion and $30 billion” and that a $10 billion reserves figure is plausible.

The current account showed a surplus of $1 billion this year but will drop to $5 million in 2015 as Cuba increases imports by 13 percent to stimulate growth, according to Economy Minister Marino Murillo, a significant admission for a country that usually waits three years to report such information. He revealed the information in a closed-doors session of the National Assembly last week and it was broadcast by state media on Monday.

Since President Raul Castro took over for older brother Fidel in 2008, Cuba has achieved significant trade and current account surpluses after years of deficits. Exports have risen more than 50 percent while imports have grown less than 8 percent as the government tries to regain international credibility by improving its finances and meeting debt payments.

Remittances totaled $1.7 billion this year and the re-export of Venezuelan oil brought in $765 million, Murillo said in offering a fairly detailed line item review of the current account for the first time in more than a decade.

He also said the payment of dividends to foreign joint venture partners would increase from $120 million this year to $447 million in 2015. Most surprisingly, Murillo, Castro’s point man charged with dismantling the old Soviet-style economy and building one similar to Asian communism, said Cuba obtained $5.7 billion in credit to cover the same amount in debt payments in 2015.

“To open the international financial gates Cuba will have to be much more transparent in releasing economic data, especially on its balance of payments,” said Richard Feinberg, the author of several studies on Cuba’s need to join the international financial community. “This new data release is a step in the right direction.” (Reporting by Marc Frank; Additional reporting by Daniel Bases in New York; Editing by Daniel Trotta and Kieran Murray)

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ANALYSIS OF THE PORTFOLIO OF OPPORTUNITIES FOR FOREIGN INVESTMENT IN CUBA

Completer article is located here: From the Island #25, Investment in Cuba  

From the Island #25, Cuba Study Group  December 22, 2014

An analysis by Rafael Betancourt and Omar Everleny Perez (Centro de Estudios sobre la Economia Cubana, Universidad de ka Habana) of the portfolio of opportunities created by Cuba’s new Foreign Investment Law No. 118

 CONCLUSIONS

The Portfolio of Foreign Investment Opportunities suggests that the Cuban government has adopted a proactive posture and is clear as to where it wants to direct and promote investments. It is much easier to stimulate the influx of foreign capital when there are precise ideas of what they are looking for. But the legal framework per se is not enough. It is necessary to organize / adjust (poner a punto) the entire environment for doing business in the country, which includes the banking system, customs and the tax system, as well as telecommunications, domestic trade and the real estate market. The potential for exporting TIC services, for providing consulting and other professional services, in association with various national investors including cooperatives, could attract a significant amount of FDI and provide well-paid jobs to an important number of professionals in the country.

The Portfolio underscores mainly large investments, to the detriment of small and medium ventures, when they—in fact—are not mutually exclusive. The international practice demonstrates that medium enterprises tend to be more active in FDI that large multinationals, which have other interests associated with global value chains. In subsequent editions there should be greater number of opportunities for infrastructure projects, especially design and construction of highways and bridges, currently very deteriorated, together with telecommunications, to employ global technologies of e-commerce and messaging, among others.

The Portfolio prioritizes production for export, which will have a large import component. The country will need to guarantee the necessary facilities and flexibility of related institutions and mechanisms related to both. The excessively centralized form of planning that prevails today will need to be adjusted to the new times. 

Nor does the Portfolio encompass all possible foreign investments with the State sector: negotiations continue for projects under consideration before the Portfolio was published, others that stem from bilateral and multilateral agreements signed between Cuba and other nations, and still others such as those associated with the rehabilitation of the Havana Harbor, which changes function and morphology with the transfer of many of its industrial and port activities to Mariel and other areas.

Finally, agility in the decision-making process is an essential component in order for foreign capital to arrive with the swiftness that the Cuban economy requires, even though it has been a very gradual process to date. But the undercapitalization and accumulated needs require a quicker pace than has been adhered to until now.

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Sagebien & Spadoni: TWO ARTICLES ON THE IMPACTS OF US-CUBA NORMALIZATION ON CANADAIAN BUSINESS WITH CUBA

Below are links to two articles by Julia Sagebien and Paulo Spadoni on the impacts of US-Cuba normalization on Canadian business relations with Cuba.

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O CANADA, WILL CUBA STAND ON GUARD FOR THEE? PREPARING FOR THE END OF THE US EMBARGO ON CUBA       

       Attachment Here: SagebienSpadoni TIBR

 New Picture (1)

WILL THEY STILL LOVE US TOMORROW? CANADA-CUBA BUSINESS RELATIONS AND THE END OF THE CUBAN EMBARGO

Attachment here: SagebienSpadoni CanadaCuba Ivey

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URBAN PLANNER OFFERS TOUGH TALK ON CUBA’S ECONOMIC PROSPECTS

By Larry Luxner

November 10, 2014 http://newsismybusiness.com/planner-economic-prospects/

WASHINGTON — When Miguel Coyula discusses Cuba’s struggling economy, he sounds more like a Miami-based critic of the Castro regime than a retired Cuban official visiting the United States on a lecture tour, then going back home to Havana. But times have changed, and Coyula says he isn’t afraid to speak his mind.

“In Cuba, the word ‘criticize’ means to blame or demonize. But I try to be like a doctor. I tell the truth,” said the renowned architect and urban planner, who recently returned to Havana after a month-long trip that began in Providence, R.I., and included speaking engagements in not only Washington but also New York, Atlanta and Miami.

“To quote Raúl, we need to learn to listen to others, even when we don’t like what we hear. He’s invited people to speak out,” Coyula said. “These days, people who work for the government are more open. The instruction coming from the top is that it doesn’t matter what people say; no one can be interrupted.”

D11_293_021Miguel Coyula

A prominent architect and urban planner, Coyula, 72, advised Havana’s municipal government for more than 20 years as part of a progressive think tank known as Grupo para el Desarrollo Integral de la Capital (GDIC). He spoke to us following a private roundtable briefing at Downey McGrath Group, a Washington lobbying firm.

Among Coyula’s key predictions:

  • Investment in the much-hyped Mariel special development zone won’t materialize anytime soon — despite the new foreign investment law and incentives — mainly because foreign companies are deeply unhappy with the government’s refusal to allow them to pay employees directly.
  • The number of universities island-wide will be slashed from 67 to 15 in order to save money, but the quality of education will suffer as a result — especially when young Cubans need business skills such as accounting and management.
  • Cuba’s population, now stagnant at 11.2 million, will never hit the 12-million mark. That’s because Cuba is aging rapidly due to a low birth rate and the continuing exodus of young people. By 2030, at least 30 percent of all Cubans will be 60 or older, up from 20 percent today.
  • The Cuban government will begin phasing out the convertible peso (CUC) in December, as part of efforts to end the dual-currency system.

“By the end of this year, they’ll begin substituting CUCs for regular pesos, so if today you pay 2.50 CUC for a liter of oil, you’ll pay 60 pesos. Considering that the average monthly salary is 150 pesos, that’s a lot of money,” said Coyula. With the planned phase-out of convertible pesos, people are trying to get rid of their CUCs and acquire dollars instead. Officially, the exchange rate is 87 cents per CUC, but on the black market, it’s 96 to 98 cents per CUC.

“Prices are astronomically high, and there’s a lack of economic education after decades of no education on this subject,” he said. “People don’t realize that the society creates wealth. The state administers that wealth, but it must come from somewhere.”

Embargo is ‘ethical issue’

Coyula’s U.S. visit was sponsored by the Center for Democracy in the Americas, a Washington-based NGO that favors lifting the embargo and all U.S. travel restrictions against Cuba. His cousin, the well-known architectural historian Mario Coyula — who headed the GDIC — died this past July at the age of 79.

“For me, the embargo is an ethical issue,” he said. “But lifting it doesn’t necessarily mean that the day after people’s mindsets will change. The Cuban economy needs to be more efficient and dynamic — with or without the embargo.”

In Coyula’s opinion, “the revolution spends more than 40 percent of its time surviving. It’s maneuvering back and forth, and this has created a reactive mentality — always reacting to problems and not being pro-active. The present leadership is committed to the legacy of the revolution. They will try to keep the boat afloat as long as possible, until they die. Then they’ll pass the problems to the new leaders.”

And one of Cuba’s biggest problems, he said, is the rampant corruption that has impeded foreign investment — even as the government attempts to crack down on corruption by jailing foreigners such as Canadian businessman Cy Tokmakjian, who in September was sentenced to 15 years in prison.

“Recently, the World Bank ranked 189 countries based on the ease of investing. The best place to invest was Singapore. Last on the list was Chad,” he said. “Cuba is not even on the list. Imagine, Chad is there and Cuba’s not.”

Even North Korea, the world’s most isolated state, has something Cuba doesn’t have, Coyula pointed out: a sprawling free zone built with foreign (South Korean) investment that employs tens of thousands of workers.

“Mariel is the most promoted place in Cuba, with special development zones for investors. But soon it’ll be a year after the opening of Mariel, and there is absolutely nothing. Even the container terminal in Havana was moved to Mariel to give it a sense of activity, but no one will invest there,” he complained.

It’s the same thing with half a dozen golf course projects that have been enthusiastically proposed by overseas firms — yet Cuba’s new foreign investment law by itself won’t be enough to drum up business.

“All these projects are about to happen, but they haven’t happened yet,” Coyula told us. For one thing, potential foreign investors in Mariel don’t like the fact that they can’t hire employees on their own, but instead must pay a government employment agency in dollars for that labor. The agency, in turn, pays workers in Cuban pesos. That’s because the Castro government wants to avoid creating a class of highly paid Cubans who work for foreign companies, “but inequalities are there whether you like it or not.”

For example, Coyula spoke of a woman he knows who works for an Italian joint venture. That company pays the state $850 a month for her services, but the woman herself receives only 360 Cuban pesos (worth about $14 a month).

“Part of that money is used to sustain a bunch of bureaucrats,” he said. “Because of that, many foreign companies give their employees a bonus in dollars or CUCs. You never discuss with your employer how much [extra] you’re going to earn. They say it’s to protect the worker.”

 Cubans have become speculators

Because salaries are so low relative to the high prices for just about everything, Cubans have become speculators — especially when it comes to food, he said.

“People will buy everything, because if you don’t someone else will and speculate with it. So you get a pound of rice for 30 cents,” he explained. “In the free market, it costs five pesos, and in the dollar shop, it’s 25 pesos. So you sell the rice you don’t need. You wouldn’t give it to your neighbor for 30 cents a pound, you’ll sell it for two pesos, which is cheaper than the free market.”

As prices for ordinary Cubans rise, the benefits they’ve long become accustomed to, such as free education and healthcare, are rapidly drying up because the state can no longer afford to provide them.

“Cuba has 67 universities, and the idea is to leave only 15 — more or less one per province. But Havana will have more than one, so some provinces will be left with none. They’re merging institutions and reducing the budget for higher education.

They’ve already cut the healthcare budget by 15 percent. These are things that people don’t see. These measures have implications,” Coyula said, adding that old university deficits continue.

“In none of Cuba’s 67 universities can you study for an MBA. Today, we need managers and people to understand what economics really is. We don’t teach planning in our universities, either. You want to buy a book on business administration? They don’t have any. The government gives some courses in business, but in my opinion, they’re shallow.”

Telecom, tourism are bright spots

One bright spot, he said, is telecommunications. In 2009, Cuba had only 40,000 or so mobile phones in use. Today, more than 2 million Cubans have cell phones, more services are available than ever before, and costs have fallen dramatically.

“Raúl also lifted restrictions for Cubans to have access to hotels and resorts,” he said. “Last summer, half a million Cubans stayed in beach hotels. The domestic market is saving the tourism from the low season.”

But while tourism has boosted the economies of some of Cuba’s 15 provinces, others have not been helped at all. “For example, Matanzas and Cárdenas are taking advantage of Varadero, which generates hundreds of millions of dollars in tourism revenues. And Havana is, of course, the jewel of tourism,” he said. “But Las Tunas and Guantánamo have nothing.”

The resumption of normal relations resume between Washington and Havana would be dire news for Cuba’s closest Caribbean competitors, predicts Coyula.

“The day the embargo is lifted, the Dominican Republic will commit suicide,” he warned. “The Dominicans inherited our sugar, tobacco and tourism industries. Once Cuba is open again, nobody will be interested in the D.R. You wait and see.”

 mariel Mariel Special Development Zone

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PAYING FOR THE PORT OF MARIEL: ARE CUBA AND BRAZIL PARTNERS IN HUMAN TRAFFICKING?

Capitol Hill Cubans – Oct 24, 2014 – By Maria C. Werlau in Spain’s ABC

Original article: http://www.capitolhillcubans.com/2014/10/must-read-are-cuba-and-brazil-partners.html

The Brazilian government has committed huge taxpayer funds —in loans, subsidies, and direct humanitarian assistance— to support infrastructure projects, food exports, and other initiatives in or for Cuba. Brazil has also provided decisive international political backing to the Cuban military dictatorship. This support is nowhere more evident than in the Port of Mariel, refurbished to great fanfare with Brazilian public financing of over one billion dollars.

Brazil’s massive lending for Cuba seems reckless from a financial/due diligence perspective, as Cuba does not meet basic standards of creditworthiness. The island is technically insolvent; it has US$75 billion in external debt, a long history of defaults, and a classification from The Economist Intelligence Unit as one of the four riskiest countries on the planet to invest in. Meanwhile, the port project is apparently not viable, as the two main reasons given to justify the gigantic investment are shaky at best. Several ports in the vicinity look better positioned to take advantage of the Panama Canal expansion and the U.S. embargo does not seem anywhere close to ending.

df919cc65a58e4d82fdff81f6504895e Brazil’s huge government loans and subsidies for Cuba have been granted with unprecedented levels of secrecy and are currently under investigation for allegations of corruption, kickbacks, and favoritism towards the port builder, Odebrecht, which received Brazil´s development bank (BNDES) loans for the port construction and is a large campaign contributor of the ruling Partido dos Trabalhadores (P.T.). Moreover, while Brazil has greatly increased financing for projects of politically-compatible foreign governments such as Cuba’s —growing the deficit to 4% of GDP—, public funding for infrastructure projects within Brazil has been lacking.

The manifest commitment to support Cuba at all costs may seem puzzling, but can be explained by the strong political-ideological alliance of P.T. leaders with the Cuban regime in the pursuit of a radical hemispheric agenda (inspired in the Foro de Sao Paulo). The hyped-up business opportunities surrounding the port seek to exert pressure against the U.S. embargo and attract investors.

While the Mariel port project does not meet standard repayment conditions, Brazilian officials insist Cuba is meeting its financial commitments, presumably the amortization of its own loans from Odebrecth. In fact, it appears that repayment is coming from exploiting Cuba’s citizens as export raw material for goods and services —purchased mostly by public entities in Brazil— in what arguably constitutes a government-to-government collaboration in human trafficking. Referred to as “health cooperation,” these exports consist of:

  • Export services provided by approximately 11,400 Cuban doctors hired out for a Brazilian government program launched in 2013 that generates Cuba estimated annual net revenues of US$404 million.
  •  Export products reported under standard trade codes for blood — including plasma and medicines and other products derived from blood — and for extracts of glands and organs.

Both have grown exponentially since former Brazilian president Lula da Silva launched the Brazil-Cuba alliance in 2003. Blood imports by Brazil from Cuba were only US$570 thousand in 2002, grew to US$16.9 million in 2011, and totaled US$4.8million in 2013; imports of extracts of glands and organs increased phenomenally from almost nothing in 2003 (US$25,804) to US$88.4 million in 2013.

These exports raise serious ethical concerns. The doctors are deployed as “exportable commodities” to remote zones of Brazil in violation of several ILO (International Labor Organization) conventions as well as of international standards and agreements on the prohibition of human trafficking, servitude, and bondage.

Regarding the export products, details are lacking, but if the trade is in products of human origin, as it appears, it would have very troubling implications. In Cuba, blood and organs/tissues/body parts are obtained from voluntary and uncompensated donors unaware of a profit motive by their government and practices involved in their collection —some quite scandalous— are unacceptable by standards of the World Health Organization and other international bodies.

Additional concerns pertain to safety, quality, effectiveness, and the potential political purpose driving the purchases.

While the service of Cuban doctors has raised ample debate and media coverage in Brazil, the import of products purportedly derived from human blood and body parts has, as of yet, remained out of the public sphere.

In addition, while Brazilian authorities move forward with plans to integrate its biopharmaceutical production with Cuba, that this industry is under the absolute control of the secretive Cuban military regime or that it collaborates with rogues states such as Iran and Syria —including with exports of dual-use technology— have yet to raise attention in Brazil. In Cuba, this discussion cannot be had, as all media and mass communications belong to and are run by the state.

Maria WerlauMaria Werlau

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CUBAN PROSECUTORS SEEK 15 YEARS FOR CANADIAN BUSINESSMAN IN BRIBERY CASE

CyCy Tokmakjian

DANIEL TROTTA; HAVANA — Reuters; Jun. 30 2014  

Cuban prosecutors are seeking a 15-year prison term for a Canadian businessman who has been tried on bribery charges, and 20 years for Cuba’s former deputy sugar minister who is accused in the same case, official media reported on Monday. Prosecutors are also seeking a total of $91-million in fines or forfeitures from three Canadians and 14 Cubans in a case that has been closely watched by potential investors wary of how Cuba treats foreign executives.

Lead Canadian defendant Cy Tokmakjian, 74, was held for nearly 2 1/2 years before being charged.

Cuba has been touting a new foreign investment law that took effect Saturday, saying it was crucial for attracting foreign direct investment that’s needed for development. The main feature of the law is to lower taxes. But many foreign companies have said they are more interested in the general business climate, transparency and the rule of law, especially in light of this case.

Cuban authorities publicly revealed details of the trial for the first time with an account in Monday’s edition of the Communist Party daily, Granma, which said the evidence phase of the trial lasted from June 9-21 at a criminal court in Havana. The court has yet to reach a verdict, which is normally rendered within a few weeks of trial.

Diplomats with knowledge of the case have previously said that prosecutors were seeking 15 years for Tokmakjian and 12-year sentences for his top managers, fellow Canadians Claudio Vetere and Marco Puche. All three Canadians from the Tokmakjian Group, a transportation and trading company, say they are innocent, but its vice-president of finance, Lee Hacker, has previously said in a statement he feared the outcome of the case, which has strained Canada’s relations with Cuba, may be predetermined.

Cuba shuttered the Canadian company in September, 2011, arrested Tokmakjian and took the passports of the other managers. The charges include bribery, fraud, tax evasion, falsifying bank documents and other economic offences.

Granma said prosecutors were asking for 15 years for Tokmakjian and 20 years for Nelson Labrada, former deputy minister of the defunct Sugar Ministry, which has since been replaced by a state sugar enterprise. Prosecutors requested sentences of eight to 12 years for the remaining defendants.

Among the Cuban defendants is Ernesto Gomez, former director of the state nickel company Ferroniquel Minera SA.

The Ontario-based Tokmakjian Group did an estimated $80-million in business annually with Cuba, mainly selling transportation, mining and construction equipment. It was the exclusive Cuba distributor of Hyundai, among other brands, and a partner in two joint ventures replacing the motors of Soviet-era transportation equipment.

The company was caught up in an investigation of Cuba’s international trading sector, part of a crackdown on corruption by President Raul Castro

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Canadian Parliament Member Warns Cuba Investors

A businessman from his district has been jailed in Havana for 3 1/3 years without trial, says Peter Kent.

By Juan O. Tamayo, El Nuevo Herald,

A senior Canadian parliament member has taken a punch at Cuba’s new foreign investment law, saying that one of his constituents has been jailed on the island since 2011 without trial and has been offered leniency if he pays questionable debts.

“The international financial community should ponder long and hard the investment blandishments of Cuban ministers, diplomats and trade officials,” said Peter Kent, chairman of the House of Commons Defense Committee.

“Reality is at stark odds with the platitudes” of those officials, Kent added, going on to detail the case of his constituent, Cy Tokmakjian, one of several foreign businessmen jailed in Cuba on what they say are fraudulent corruption charges.

Tokmakjian, 73, a Canadian citizen of Lebanese descent, is president of Tokmakjian Group, at one point the second largest Canadian firm operating in Cuba. He has been jailed since Sept. 10, 2011 for investigation by Interior Ministry officials.

Kent described the ministry as modeled on the Soviet KGB and East German STASI security services. He also noted that all of the other jailed businessmen come from Canada and Europe — not Cuban allies such as China, Venezuela or Russia.

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Cy Tokmakjian

Tokmakjian’s assets in Cuba, worth more than $90 million, have been frozen and “it seems no coincidence” that the total value of the government’s claims against him exceeds that amount, Kent wrote in a column published Tuesday in the Huffington Post.

“There have been suggestions to company representatives that additional millions sent from Canada could result in a more ‘lenient’ outcome,” he added. “He has been told, many times, that, if he drops International claims against Cuba or admits to minor ‘offenses,’ he would have a lenient trial and be released immediately.”

Tokmakjian has repeatedly denied all the allegations against him, which include bribery and tax evasion. Kent said the businessman is ready to defend his case vigorously in a Cuban court.

Kent said that when he visited Cuba in 2010 as Minister of State for Foreign Affairs in charge of the Americas, Tokmakjian “was characterized as a valued partner by Cuban interlocutors.” The Canadian company largely sold imported vehicles to the island’s government.

The parliament member also noted that among the foreign investors who lost millions in Cuba when they came under suspicion of corruption were Briton Stephen Purvis, who was working to develop a golf course, and Frenchman Jean Louis Autret, who ran a string of bakeries and other businesses.

Another Canadian businessman, Sarkis Yacoubian, was expelled from Cuba in February after serving about one third of a nine-year sentence. He was arrested in July 2011 and was convicted in April 2013 of bribery, tax evasion and “activities damaging to the economy.”

Yacoubian, who ran a $30 million trading company in Cuba, Tri-Star Caribbean, told the Toronto Star newspaper that he had cooperated with investigators and hoped to receive a lenient sentence. Cuban officials never explained his expulsion.

He and Tokmakjian were imprisoned at La Condesa, a facility on the outskirts of Havana reserved for foreigners and important Cuban government officials.

Peter KentPeter Kent

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Cuba’s New Foreign Investment Law: Amplified Discrimination against Cuban Small Enterprise Operators and in Favor of Foreign Enterprises.

By Archibald Ritter

Cuba’s new Foreign Investment Law was published in the Gaceta Oficialon April 16, 2014.  It is available here:  Ley de la Inversión Extranjera

foreign-investment-law

The objective of the law is to provide an improved legal, fiscal and regulatory framework for foreign enterprises that decide to operate in Cuba.

Cuba has passed this law because of the perceived benefits that such direct foreign investment can generate for the country, namely technological and managerial transfers, access to foreign markets, higher-productivity employment, higher income levels, financial inflows and increased levels of investment. This last factor is of especial importance in view of the very low levels of investment that Cuba has achieved for the last 20 years. Indeed Cuba’s levels of investment have been the lowest in all of Latin America for the last two decades. In 2011 this rate was 10.2% of GDP vis-a-vis 22.4% for all of Latin America. (UN CEPAL, Balance Preliminary, 2013).  

The law certainly seems to have created a more hospitable environment for foreign firms, providing greater security of tenure, greater control over the hiring and compensation of labor, and most of all, through generous tax breaks. Indeed, the tax advantages for foreign investors now seem to me to be overly generous. One might estimate that the new foreign investment regime will be highly successful in promoting foreign investment from a range of sources and perhaps especially from China and Brazil.

However, there is a major element of injustice in the new law, particularly as it relates to taxation. The new tax regime intensifies the discrimination favoring foreign investors operating in “Mixed Enterprises” (Joint Ventures) or “international economic associations” when compared to the tax regime for small enterprises owned by Cuban citizens. This is both unfair and counterproductive. It may also be unsustainable.

The contrast between the tax treatment of foreign enterprises which will usually big private or (in the case of China) state corporations in comparison the tax treatment for small Cuban-owned firms, is summarized in Table 1.

 

Table 1: Comparison of the Tax Regimes for Cuban Small Enterprise and Foreign Enterprise Operating in Mixed Enterprises  after the 2014 Foreign Investment Law

Small Enterprise Sector

Foreign Investors in Mixed Enterprises or “Economic Associations”

Nominal Tax Rates

Personal Income Tax Rate: 15% rising to 50% of income above CuP 50,000 or $2,000 per year

Profits Tax: 15% of Net Corporate Income [perhaps 50% for resources]; Personal Taxes Exempt for those earning profits.

Effective Tax Base

60 to 90% of Gross Revenues; [Maximum of 10% to 40 % allowable d for input costs, depending on activity]

Net Income after deduction of  all production and investment costs from Gross Revenues

Effective Tax Rates

May approach or even exceed 100% of Net Income

15% of Net Income; [perhaps 50% for mining and petroleum]

Tax Holiday

 None

Eight Years Profit Tax Exemption,

Deductibility ofInvestment Costs from Gross Revenues

Deductible only within the 10% to 40% allowable deduction  limits

Fully deductible from Gross Revenues in determining Taxable Income

Deductibility of Input Costs from Gross Revenues

Deductible only within the 10% to 40% allowable deduction  limits

Fully deductible from Gross Revenues in determining Taxable Income

Employee Hiring Tax

Tax exemption for first five employees; Tax required on six or more

Complete Tax Exemption

Social Security Payments

Yes

Yes

Lump-Sum Taxation

Up-front Cuota Fija Tax Payments Necessary

None

Input Importation Rights

Direct Import Purchases Prohibited

Freedom to Import Directly

Profit Expatriation

No

Yes

 The most obvious difference in tax treatment is that Cuban small enterprise operators pay a marginal tax rate of 50% of Gross Revenues (less deductions) on any income exceeding 50,000 pesos per year this being equivalent to about US$2,000.00 per year or about US 166.67 per month. In contrast, the foreign corporations in mixed enterprises pay 15% of Profits in taxes – but only after an eight year tax holiday.

Perhaps more serious, for Cuban small enterprise owners, taxable income is calculated as an arbitrary percentage of Gross Revenues – from 60% to 90%  – depending on the nature of the economic activity. The costs of inputs of materials, labor, rent, utilities, etc. and all costs of investment are not deductible from Gross Revenues in determining Taxable Income – only the arbitrary amounts of 40 to 10% or Gross Revenues. To my knowledge, no other country taxes its own enterprise sector in this way.

On the other hand, foreign corporations can deduct all costs of investment and inputs of all sorts from Gross Income in calculating Taxable Income. This indeed is standard international practice.  

Or in other words, the effective tax base for foreign firms is Gross Revenues minus all costs of production and investment. In contrast, for micro-enterprise the tax base is gross revenue minus arbitrary and limited maximum allowable levels of input costs ranging from 10 to 40 percent depending on the activity, regardless of true production costs.

The result of this is that the effective tax rates for foreign enterprises are reasonable though generous. But for Cuban small enterprises the effective tax rate can be unreasonable and could reach and exceed 100%. Moreover, investment costs are deductible from future income streams for foreign firms this being the normal international convention.

To add insult to injury, foreign investors receive an eight year tax holiday in which corporate profit taxes are exempt from taxation. Cuban citizens operating small enterprises receive no such tax holiday.

Moreover, under the new legislation, the profits of the foreign enterprises can all be repatriated. In contrast, the infinitely more modest after-tax incomes of Cuban citizens would virtually all be spent within the domestic economy. If their after-tax earnings were to be taken out of the country, they would have to exchange their CUP or Moneda Nacional savings for foreign currency at the rate of about  CUP 26= $US1.00 or about CUP 34.5 = Euro 1.00

Small enterprise owners must make payment of a proportion of their taxes at the beginning of each month. Foreign firms certainly do not have to do this.

Small enterprise owners also must pay a tax on the hiring of more than five employees (not a good mechanism for creating jobs.). Foreign firms are exempt from such a tax.

Foreign firms can import their inputs, equipment and machinery as well as personnel directly from abroad. Cuban citizens with small enterprises must make their purchases from the state Tiendas por la Recaudacion de Divisas (formerly ‘Dollar Stores’)

This differential tax treatment for Cuban citizens operating small enterprises and foreign enterprises represents a surprising type of discrimination against Cuban citizens. One might predict that this type of discrimination will generate major dissatisfaction on the part of Cuban nationalists as well as Cuban small enterprise operators. Before long, political pressures and the climate of public opinion should require greater fairness in the character of taxation.

However, given the seemingly insurmountable difficulties that some countries such as the United States face in constructing fairer tax regimes, perhaps I am naively optimistic. (Who can forget the 15% average tax rate paid by Warren Buffett and the 14.3% paid by Mitt Romney in comparison with the 35% paid by Buffet’s secretary as well as the average US citizen?)

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As Cuba eases investment rules, many Cuban-Americans turn against the embargo

Apr 5th 2014 | MIAMI |

From the Economist here: As Cuba eases investment rules

AT THE outset of Tom Wolfe’s latest novel, “Back to Blood”, the muscled hero, a 25-year-old Cuban-American cop called Nestor Camacho, seethes when his fat and disdainful Americano (Anglo) colleagues stereotype him as a Cuban. He has never set eyes on the island, he says. His Spanish is poor. At home, his parents’ hatred of Fidel Castro flies over his head. His world revolves around Miami, not Cuba.

Unsurprisingly, the book is not universally liked in Miami (it skewers everyone, from Anglos to Cubans to Haitians to Russians). But in at least one respect it is spot on. Younger Cuban-Americans are less obsessed with Cuba than their exiled elders. Like other Americans, pollsters say, they now think more pragmatically; Cuba is not the only voting issue that they care about.

In fact, they are more likely to be pouring money into Cuba than shunning it. Remittances, as well as travel, have risen since President Barack Obama eased restrictions in 2009 and 2011 (see chart). Much of the money has found its way into restaurants (known as paladares), hairdressers or other small businesses run by relatives in Cuba. That has given Cuban-Americans an increasing, albeit hidden, stake in the island’s economic future.

The laws of both the United States and Cuba have forbidden such money to be treated as investment. But on March 29th Cuba’s parliament approved a new foreign-investment law that for the first time allows Cubans living abroad to invest in some enterprises (provided, according to Rodrigo Malmierca, the foreign-trade minister, they are not part of the “Miami terrorist mafia”). The aim is to raise foreign investment in Cuba to about $2.5 billion a year; currently Cuban economists say the stock is $5 billion at most.

The law, which updates a faulty 1995 one, is still patchy, says Pavel Vidal, a Cuban economist living in Colombia. It offers generous tax breaks of eight years for new investments. However, it requires employers to hire workers via state employment agencies that charge (and keep) hard currency, vastly inflating the cost of labour. It enhances the right to establish fully owned foreign businesses, although existing private firms, such as paladares, are still forbidden from taking foreign capital. Much, including whether or not Cuban-Americans can invest, will depend on how the government implements the law. “It’s still very discretionary,” Mr Vidal says.

Despite their failings, Cuba’s new rules are a reminder of how inflexible United States law remains. Because of the 53-year-old embargo against Cuba, some Cuban-Americans fear they will be left behind as investors from Brazil, China, Russia and Europe move in. Already Tampa, on Florida’s west coast, is vying for a greater share of Cuban business when the embargo is lifted. “Every day we’re missing opportunity,” says Bob Rohrlack, head of the Greater Tampa Chamber of Commerce.

20140405_AMC657In Miami people talk of a tipping point. Alberto Ibargüen, a former publisher of the Miami Herald, says demographic trends that began decades ago have finally softened the mood towards Cuba (though “absolutely not” towards the Castro regime). If American restrictions on all tourism to the island were lifted, “you’d get a couple of letters to the editor.”

Some Miami Cubans have managed to squeeze through cracks in the embargo. Hugo Cancio, who left the island in the Mariel boatlift of 1980, owns a website and magazine, OnCuba, written mostly by Cubans, which plays down repressiveness and plays up commerce and culture. He has a newsroom in Havana but despite his entreaties, American law forbids him from paying its staff. Tony Zamora, a semi-retired Miami lawyer who was jailed in Cuba for taking part in the 1961 Bay of Pigs invasion, has also recast himself as a promoter of investment in the island. After 40 trips to Cuba, he calls the embargo “almost a total failure”.

Many Cuban-Americans put their faith in Mr Obama to soften the embargo, even if Congress will not lift it. They note that more than 60% of Miami-Dade County, where they predominate, voted for the president in 2012, many more than in the previous election, even after he eased policy towards Cuba. If Charlie Crist, a Republican-turned-Democrat who is running for a second turn as Florida governor and supports lifting the embargo, wins in November, it will help their cause.

Even so, the old guard cares more about keeping the embargo than younger Cuban-Americans do about getting rid of it. Most Cuban-American congressmen in Washington, DC, remain avid backers of it. Mauricio Claver-Carone, who heads a pro-embargo lobby group, argues that all foreign investment still goes to monopolies run by the Castro regime, which helps prop it up. The stakes have been raised by the jailing of Alan Gross, an American citizen convicted in Cuba of smuggling communications equipment to dissidents. Few believe the Obama administration would risk a bold move without his release.

The embargo’s days are nonetheless numbered, not least because Raúl Castro, the 82-year-old president, and his brother Fidel, 87, will not live for ever. In the meantime, it increasingly seems like a relic, as outdated as the Castros’ Cuba.

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Richard Feinberg: “Cuba’s New Investment Law: Open for Business?”

Richard Feinberg, April 1, 2014 1:30pm

We are still awaiting the publication of Cuba’s new foreign investment law, passed by the National Assembly on Saturday March 29 2014. In the meantime, here is a brief outline and discussion from Richard Feinberg in a Brookings Blog.

Original here: Cuba’s New Investment Law

 Dateline Havana: The Cuban legislature has approved a new foreign direct investment law (FDI), and the detailed follow-on regulations will be issued within the next 90 days. From my informal conversations in Havana, Cubans on the street seem to accept with enthusiasm the government’s dual message: that the new guidelines will not compromise Cuban sovereignty – a key gain of the 1959 revolution – but will encourage badly needed inflows of foreign capital and technology.

In a shift from past practices, government messaging has emphasized the importance of foreign investment worldwide, with the Communist Party daily, Granma (March 31, 2014), quoting a government commission declaring that “no country today has successfully developed without foreign investment as a component of its political economy.” President Raúl Castro asserted that “we must take into account the absolute necessity to stimulate and attract foreign investment, to add dynamism to our economic and social development.”

Experienced commentators have noted, however, that many of the more positive paragraphs in the new law could also be found in the previous 1995 FDI regulations, which were outweighed by more restrictive clauses and by a recalcitrant bureaucracy that in recent years has approved very few major new foreign ventures.

Several of the more promising sections of the new law echo recommendations in the 2012 Brookings monograph, The New Cuban Economy: What Roles for Foreign Investment?:

·         A strong official recognition that FDI must be integral to Cuba’s development strategy, if the country is to depart from its sluggish economic path.

·         Majority foreign ownership is an option (although this was also the case, if ignored in practice, under the 1995 regime).

·         The project approval process should be streamlined and made more transparent.

·         Firms should have more flexibility with regard to wage scales, such that remuneration can be a stimulus to productivity. In addition, the much anticipated currency unification will likely reduce the extraordinarily heavy tax on wages paid by foreign investors.

Other noteworthy aspects of the new law include reductions in certain taxes, and the promise of just compensation in the event of expropriation. But some existing obstacles to investment appear not to have been adequately addressed. For example, the new law continues to press investors on local content requirements, even as it also notes the importance of firm integration into global value chains.

The proof will be in the pudding, and investors will be watching closing for the fine print in the new regulations and, most importantly, for the implementation of the approval process. The new law recognizes that Cuba badly needs foreign investment in many sectors of its economy, including but not limited to agriculture and sugar, energy, bio-technology, construction, and tourism. Will the government establish an investment climate that attracts foreign investments, and a truly transparent bureaucratic process that vets proposals in a prompt timeframe competitive with international standards?

U.S.-based businesses, of course, will not be able to take advantage of any new investment opportunities, as a result of long-standing and comprehensive commercial sanctions. Other foreign businesses, however, are likely to get a head start soon

 Cuba Canada

Former Sherritt International CEO, Ian Delaney and Raul Castro, Captivated!

melia-cohiba-aerial-view-98The Melia Cohiba Hotel, Havana

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