Chilean Foreign Direct Investment E.I van den Heuvel Royal Dutch Embassy Santiago de Chile October - January 2005 Chilean Foreign Direct Investment Page Introduction 3 Summary 5 Chapter 1: Development and actual situation of Chilean International Trade and Foreign Direct Investments 1.1: Chilean International Trade Exports Imports 7 9 1.2: Foreign Direct Investment What is Foreign Direct Investment? A Definition Direct Investment vs. Portfolio Investment Data on Investments might be Biased FDI from Emerging Markets Chilean FDI from a Regional Perspective Development of Chilean FDI Chilean FDI from a World-Wide Perspective Distribution of Chilean FDI per Sector Geographic Distribution of Total Chilean FDI Chilean FDI in 2005 10 10 10 11 11 12 14 15 17 17 20 1.3 Analysis of Relationship between Trade and FDI from Chile 22 Chapter 2: Chile: Investing Abroad 2.1 General Motives to Invest Abroad Chile as a Platform for Investments International Conventions with a positive influence on foreign investment: FTAs, BITs and DTAs 23 24 25 2.2 The Process of Investing Abroad How to Invest Abroad FDI: Regulations of the Banco Central Transnationalization Policy? 27 27 27 28 1 2.3 Analysis of Important Chilean FDI-Destinations, by Region and Country Central America Latin America Argentina Uruguay Peru Brazil Venezuela North America New Zealand 28 28 29 29 31 31 32 32 33 33 Chapter 3: Europe and The Netherlands as Chilean FDI-Destinations 3.1 Europe: Advantages and Disadvantages Country Risk Large but Highly Developed Markets Geographical Distance Cultural Distance International Relations Promoting Investment: Article 21 of the Association Agreement between the EU and Chile Bilateral Agreements with Member States of the European Union (Investment-) Climate? An Example 35 35 35 36 36 36 37 37 39 3.2 Analysis of Important Chilean FDI- Destinations Within Europe Spain England and The Canal Islands 39 39 40 3.3 The Netherlands as a Destination for Chilean Investments Large Amounts of Trade and Small Amounts of Investments Country Risk International Relations Disadvantages Opportunities Chilean Companies Investing in The Netherlands 40 40 40 41 41 41 41 Appendices 43 Sources 59 2 Introduction Chile’s economy is rapidly evolving, internally as well as externally. On the Latin-American continent, Chile has a prominent position, concerning economical growth, stability and welfare. Chile is an export-oriented country, but it appears that since around 1990, residents in the country not only export products, but also capital, to expand their own active participation in the world market. The starting and ongoing globalization of the Chilean economy is also visible in the number of Free Trade Agreements, Bilateral Investment Treaties and Double Taxation Agreements, which has been growing since 1990 and continues to grow every year. It is interesting to investigate the reasons, tendencies and patterns of these phenomena of globalization in the context of Foreign direct Investments, because, by knowing them, it will be possible to predict future investment flows and to develop strategies to attract Chilean capital. In the first chapter, the focus will be on both Chilean trade and investments, primarily to get an impression of the Chilean external sector and, secondarily, to find an answer on the question whether there might be a relation between international trade and Chilean Foreign Direct Investment (FDI). Although it is almost impossible to find a clear definition of and exact data on Chilean FDI, a few statements can be made about important destinations and trends. A further analysis of motives for Chilean investors to invest abroad is being given in Chapter two, which amongst others discusses the destinations of Chilean FDI. There are several determinants with an influence on flows of foreign direct investment, which cause a different sectoral distribution of Chilean FDI per country. Country risk is a very important factor. In addition, we stress the fact that Chile also is being used by foreign multinationals as a platform for their investments. In the final chapter, we take a look at the investments in Europe and possible opportunities for investments. The total amount of investments in Europe is relatively low, but seems to be increasing in the past years. For this reason, it will be interesting to investigate why Chileans do, but also why Chileans don’t invest in Europe by looking at advantages and disadvantages 3 for Chilean investors in Europe. In this context we focus on an analysis of the most important destinations for Chilean FDI in Europe, namely Spain, England, the Canal Islands and the Netherlands. This study has been carried out with the assistance of the Royal Dutch Embassy. The views expressed herein are those of the author and do not represent any official view of the Embassy. 4 Summary • Amounts of Chilean international trade increase every year. • Most important destinations for Chilean exports are the United States, China and Japan; Most important countries concerning imports are the United States and Brazil. • Most important trade partner for Chile are the United States. • Statistics on FDI often are biased because of different definitions and methods of registration. • Most Chilean FDI is invested in Financial Services, Insurance, Real Estate and Services. • Chile has a prominent position in Latin America concerning inward as well as outward FDI. • Chilean outward FDI increased substantially since the end of the Pinochet-era. • Total amount of outward Chilean FDI is small, if compared to the world. • Between 1974 and 2005, the largest amount of Chilean FDI is invested in Central America (Cayman Islands) and South America (Argentina). In Europe, Spain is the most important destination. • Since 2004, the Cayman Islands lost their importance and in 2005 North America is the most important destination for Chilean FDI. • Country Risk influences Yield, which is the main reason to invest. • Not all registered Chilean FDI comes from purely Chilean investors. 5 • International Conventions can facilitate flows of FDI. • There are no significant internal barriers for Chileans to invest abroad. • Central America is being used as platform for investments. • For Chilean companies, Argentina has many advantages to invest in, but also important disadvantages. • Country risks in Latin America generally are high; corruption often is a problem. • The United States offer many advantages to invest in; especially the country risk is very low. • Europe as a destination to invest has advantages (e.g. country risk) and disadvantages (e.g. geographical and cultural distance). • The Association Agreement between Chile and the European Union facilitates trade and investments. • Although The Netherlands is characterized by a lot of advantages as a destination for FDI, low amounts of Chilean investments in The Netherlands might be caused by a lack of information of the country and the opportunities and by geographical and cultural distance. 6 Chapter 1: Development and actual situation of Chilean International Trade and Foreign Direct Investments 1.1 Chilean International Trade During the past years, Chilean trade with the world has been increasing. Chile is an exportoriented economy with an every-year increasing surplus on the balance of trade ($ 9.019 million in 2004). Chile'sTrade balance 2000-2004 Millions of Dollars 35000 30000 25000 20000 Exports fob Imports fob Trade Surplus 15000 10000 5000 0 2000 2001 2002 2003 2004 Exports fob 19210 18272 18180 21524 32025 Imports fob 17091 16428 15794 18002 23006 Trade Surplus 2119 1844 2386 3522 9019 Source: Banco Central de Chile 2005 Exports As can be seen in the table, the three principal export destinations for Chilean products are Asia, Europe and the United States and Canada as a block. The three most important countries are China, Japan and the United States. Main export sectors are mining, (with copper as primary product), industry (with food and chemicals as primary products) and agriculture, forestry and fishery (with fruits as main products). For an overview of these sectors, please refer to the appendix. 7 However, exports are concentrated among a small number of products and a small number of exporters. For example, in 2002, more than 50% of exports were accounted for by the 10 main export products alone and only 25 companies generated almost half of all Chilean exports.1 In 2005, more than 50% of exports were accounted for by only 2 export products alone: copper and molybdenum.2 It is most likely that trade with Asia as a block (and China in particular) will show a strong growth in the future because of the economic developments in the area and ratification of several Free Trade Agreements (FTA Chile-China signed in November 2005). The Economic Association Agreement with Europe and the FTA with the United States also will continue to facilitate trade with Chile. Chilean companies themselves share this expectation: a survey by the Chilean Export Barometer shows that 76% of the companies predicts an increase of exports, while 24% expects no change. Not a single company thought their exports sales would fall.3 Block Most important Countries within block Country’s Total Value of Exports JanOct 2005 Principal Sectors4 Millions of Dollars 1 Asia China 3668 Mining Japan 3604 Mining 2 Europe The Netherlands Italy 1967 Mining 1323 Mining 3 United States and Canada United States 4846 Industry Canada Brazil Mexico Australia Others South Africa Others 827 1403 1342 82 30 45 61 4 Latin America 5 Oceania 6 Africa Mining Mining Industry Industry Industry Industry Industry Based on data of the Banco Central de Chile, November 2005 1 Roberto Alvarez E., ‘The export performance of Chilean Firms: Some stylized Facts,’ Cepal Review 83, August 2004 118 2 Sofofa, ‘Comercio Exterior. Informe Mensual Agosto 2005’ 5 3 ‘Business news: January-october exports top whole of 2004’, La Tercera 9-11-2005 8 Imports Chile imports its products mainly from Latin America, Asia and Europe. If we take a look at countries instead of blocks, then Argentina, Brazil and the United States are the most important partners. Important products are durable consumer goods, and semi-manufactured products like (products of) oil. Block Most important Countries within Block Country’s Total Value of Imports JanOct 2005 Principal Sectors Millions of Dollars 1 Latin America 2 Asia 3 Europe Argentina 3672 Semi-manufactured Products Brazil 2866 Semi-manufactured Products China Japan Germany 1890 Consumer goods 787 Capital goods 910 Semi-manufactured Products 545 Semi-manufactured products France 4 5 United States and Canada Africa United States 3783 Semi-manufactured Products Canada 315 Semi-manufactured Products 55 Semi-manufactured Products 1154 Semi-manufactured Products 110 Semi-manufactured Products 29 Semi-manufactured Products South Africa Others 6 Oceania Australia Others Based on data of the Banco Central de Chile, November 2005 To conclude, looking at both imports and exports, we can see that Asia and Europe as blocks of countries are the most important trading partners for Chile. Because of the value of both 4 For a more detailed description of these sectors, please refer to the appendix 9 imports and exports, The United States as a single country are by far the main trading partner of Chile.5 1.2 Foreign Direct Investment What is Foreign Direct Investment? A Definition There seem to be a lot of different definitions of Foreign Direct Investment, which causes considerable differences in the statistics on investments. For this paper, data on net investments of the Banco Central de Chile are being used, because this institution uses (in comparison with other institutions within Chile) the most sophisticated definition of Foreign Direct Investments, based on the Balance of Payments Manual of the International Monetary Fund (Fifth Ed.): ‘Direct investment is the category of international investment that reflects the objective of a resident entity in one economy obtaining a lasting interest in an enterprise resident in another economy. (The resident entity is the direct investor and the enterprise is the direct investment enterprise.) The lasting interest implies the existence of a long-term relationship between the direct investor and the enterprise and a significant degree of influence by the investor on the management of the enterprise. Direct investment comprises not only the initial transaction establishing the relationship between the investor and the enterprise but also all subsequent transactions between them and among affiliated enterprises, both incorporated and unincorporated.’6 Direct Investment vs. Portfolio Investment Direct investment is different from portfolio investment, which doesn’t imply a significant degree of influence. Portfolio investment is much more reactive to short term developments in financial markets, which makes it more volatile and complex than direct investment. Therefore, and in spite of the fact that portfolio investment forms the largest part of total foreign investment of Chile, this paper only concentrates on direct investment, as defined by the International Monetary Fund and as specified by the Banco Central: the data include only operations reported to the Banco Central, specified in Chapters XII and XIII of the Compendio 5 6 Banco Central: ‘Boletín Mensual’ (November 2005) 151 IMF: ‘Balance of Payments Manual 5th edition’ 10 de Normas de Cambios Internacionales (CNCI). For a more specific understanding of the definition of direct investment, please refer to the appendix. Data on Investments might be Biased Despite the fact that the Banco Central uses an internationally recommended definition of FDI, it is likely that amounts of registered FDI are biased. For example, for fiscal and other reasons companies can decide not to report the investments abroad, or report less. In addition, if investments are being reported, it will often be with a delay because it is of no primary concern of companies. Concerning the destination of FDI, it is possible that data are biased because of a lack of knowledge of the final destination of the capital. The final destination isn’t being reported by companies and the Banco Central doesn’t register it either. Nevertheless, data of the Banco Central are considered to be the least biased, because of the institution’s autonomy and formal task of registering economic data as Chile’s FDI. Eight years ago, the Banco Central implemented a new system to register Chilean FDI. The validity of the data registered by the old system could be biased and will, as far as possible, not be used for this investigation. Another source for data on Chilean FDI is the Camara de Comercio de Santiago, but there are remarkable differences between data of the Banco Central and the Camara de Comercio; concerning amounts of FDI as well as trends. These differences can, among others, be caused by the use of a different definition. Apart from this, The Camara de Comercio registers intentions to invest, while the Banco Central registers materialized investments. Finally, it is important to note that registered Chilean FDI is a registration of a flow of capital from Chile to another country, but this capital (and the decision to invest) can have its origin in another country. FDI from Emerging Markets According to UNCTAD in 2003, FDI from emerging markets to the world is growing at a much faster rate than outward investment from developed countries. The number of emerging 11 markets investing abroad has increased between 1985 and 2003 from 70 to 122. In addition, more emerging markets are encouraging their firms to transnationalize. The policy environment for FDI is improving and more emerging-market firms have the potential to go abroad. Emerging investors from a country like Chile have the potential to be significant investors in their regions and elsewhere.7 Chile’s FDI from a Regional Perspective Up to 2001, Chile had a leading role on its continent, concerning outflows of Foreign Direct Investment.8 Nowadays, Chile still has a rather prominent position with respect to foreign direct investment from Latin America. In 2004, the country holds after Brazil and Mexico the third place in the ranking list of FDI inflows within Latin America and the Caribbean and after Brazil, Mexico and Panama the fourth place in the ranking list of FDI outflows within Latin America and the Caribbean. 7 www.unctad.org, ‘Press Release: Firms in developing countries rapidly expanding foreign investment, transnational activities’ 30-05-05 8 Unctad, ‘World Investment Report 2001’ 30 12 To further investigate this quite prominent position within the Latin American continent, the next paragraphs concentrate on describing the FDI outflows from Chile, by amount, destination and sector. 13 Development of Chilean FDI Development of Chilean FDI: 1975-2005 Millions of Dollars 7000 6120 6000 5000 3602 4000 2649 3000 2000 1421 1280 849 1000 380 140 0 19751998 1999 2000 2001 2002 2003 2004 2005 Source: Banco Central de Chile The phenomenon of investments from Chile is relatively new. Between 1975 and 1989, the Central Bank registered a total of net investments of $166 million, an average of only $11 million a year. However, since the end of the Pinochet-era and the creation of a democratic system in Chile in 1990, investments increased substantially. Between 1990 and 1996, net investments increased from $15 million to $973 million a year.9 During the period between 1999 and 2005, Chilean FDI shows a rather unstable and volatile development. As becomes clear in the graph, FDI in 2002 reached an all-time low of $ 140 million. The main reason for this was the macroeconomic crisis in Latin America. One of the causes of the peak in 2000 was the steady progress of FDI-liberalization on the continent and in the world. Interesting fact is that a large part of Chilean FDI was realized by foreign companies residing in Chile, for example the Spanish Enersis and the Italian Entel (which nowadays is a Chilean company).10 Expectations concerning the amounts of FDI are positive: it is likely that, because of economic growth of Chile and the ongoing globalization, investments will increase strongly. 9 Banco central de Chile ‘Boletin Mensual 04-2001’ 987 Due to a change in methods of registering, registered amounts of investments before and after 1997 are not comparable with each other. 10 Unctad, ‘World Investment Report 2001’ 32 14 Chilean FDI from a World-Wide Perspective Right now, and in spite of the relatively prominent position of Chile on the Latin American continent concerning amounts of FDI, the total amount of Chilean FDI in absolute terms is small. But if we look at other countries with a like economic situation, Chilean performance is not that bad. For example, if we compare it to the amount of Chilean exports, we can see that exports in 2004 amounted to $32,024.9 million, while FDI in 2004 amounted to $380 million; around 1% of total exports. In average, between 2000 and 2004 the total amount of FDI in relation to total exports was only 7%. But if we look at other countries, for example at Poland, we see that the FDI/export ratio is smaller: 0,01% in 2004.11 Chilean FDI in relation to Chile’s GDP (in 2004 $94 billion) is 0.4%. Because of different systems of registration of FDI and a lack of available information, it is hard to compare countries in Latin America with each other, concerning their amounts of investments abroad. However, it looks like Chile’s low FDI-performance is not exceptional: for example, Uruguay invested in 2004 only $122.8 million abroad12 and Brazil in 2003 only $249 million13. From a world-wide point of view, Chile held in 2003 the 25th and in 2004 the 27th place in the Outward FDI Performance Index (in this index, Belgium and Luxemburg are in leading position and Kuwait has the lowest score, that is, 132)14,15 For a country in Latin America this is a rather high position. If we compare the Chilean investment performance in absolute terms with, for example, The Netherlands and the United States, the relatively low performance of Chile becomes clear: Total stock of Chilean FDI until November 2005 was $16,441 million, while in 2004, total 11 Based on data of the National Bank of Poland, www.nbp.pl. Exports 2004: Euro 76,668 million, FDI 2004: Euro 657 million 12 www.bcu.gub.uy 13 www.bcb.gov.br 14 Unctad, ‘World Investment Report 2005’ 276 15 The Unctad Outward FDI Performance index is based on the ratio of a country’s share in global FDI outflows to its share in world GDP 15 stock of FDI from The Netherlands added up to € 437,090 million16 and from the United States $ 229,294 million.17 On the other hand, however, Chilean FDI performance is even better than the performance of the United States if the country’s amounts of FDI are being related to the population: the Chilean population at the moment accounts for 15,981 inhabitants and the population of the United States accounts for 295,734 inhabitants.18 In general terms, FDI from Latin American countries is low, compared to other countries in the world. A possible reason for the low amount of FDI from and between Latin American countries is that there still is a lot of mistrust between countries in the region. Latin American countries always preferred a high level of autarky, which still can be felt nowadays.19 Another reason for Chile is that companies in Chile are relatively small, compared to for example companies in Europe: a company is called ‘big’ in Europe, when its sales exceed $50 million, while a company in Chile is called ‘big’ when its sales exceed $6,5 million. A lot of companies in Chile don’t have the size and maturity to invest large amounts of capital abroad.20 Nevertheless, Chilean multinationals are prominent in Latin America. Well-known companies are for example CSAV, LanChile, David del Curto, CMPC, Codelco, Falabella, Banco Chile, Soquimich and Cencosud. 16 www.dnb.nl www.bea.gov/bea/di/usdcap/cap_04.htm 18 www.cia.gov/cia/publications/factbook/index.html 19 Interview with Señor Profesor D. Hachette de la F., Pontificia Universidad Católica, 16-11-2005 20 Interview with Sra. Rosella Cominetti, Eurochile 17-11-2005 17 16 Distribution of Chilean FDI per sector Chilean FDI has the FIRS-sector as principal destination, followed by the Ce- and MI-sectors. Distribution of Total Chilean FDI per sector, up to November 2005 Millions of Dollars ASFF; CS 102; 1% 628; 4% Abbreviation: M; 92; 1% MI; 1395; 8% Agriculture, Stock breeding, Forestry, Fishery ASFF Minery M Manufacturing Industry MI Electricity, Gas and Water EGW EGW; 1016; 6% Cn 159; 1% Construction Cn Commerce Ce Transports, Supply and Communications TSC Financial Services, Insurance, Real Estate and FIRS Ce; 1622; 10% TSC; 1100; 7% FIRS; 10327; 62% Services Community Services CS Source: Banco Central de Chile Geographic Distribution of Total Chilean FDI When we take a look at the distribution of total outward Chilean FDI, the first thing we notice is that the largest part of Chilean FDI (83%) has been invested in the Americas, with Central America (40%) on the first place, followed by South America (36%) and North America(7%). Europe accounts for 10%. 17 Distribution of Total Chilean Foreign Direct Investment from 1974 up to November 2005 Millions of Dollars TOTAL: $16.441 MILLION Africa and oceania 1099 North America 1161 Asia 44 (7%) (7%) (0%) Europe 1726 (10%) Central America 6456 (40%) Source: Banco Central de Chile South America 5955 (36%) Within Central America, the Cayman Islands and Panama are the most important destinations of Chilean FDI: Distribution of Total Chilean FDI in Central America from 1974 up to November 2005 Millions of Dollars Bermuda; 67; 1% Dominican Republic 3% Other; 117; 2% Virgin Islands; 526; 8% Bahamas; 173; 3% Panama; 1592; 25% Cayman Islands; 3806; 58% Source: Banco Central de Chile 18 Within South America, the most important countries are Argentina, Uruguay, Peru and Brazil: Distribution of Total Chilean FDI in South America from 1974 up to November 2005 Millions of Dollars Ecuador 0% Venezuela Paraguay Bolivia 5% 0% 2% Other 1% Colombia 3% Uruguay 16% Argentina 51% Brazil 11% Peru 11% Source: Banco Central de Chile Within North America, the United States account for 77% of total Chilean FDI. Finally, we take a closer look at Europe, where Spain, England and the Canal Islands are the principal destination. Distribution of Total Chilean FDI in Europe from 1974 up to November 2005 Millions of Dollars Other; 96; 6% Switzerland; 72; 4% England; 331; 19% Germany; 121; 7% Netherlands; 141; 8% France; 0; 0% Canal islands; 151; 9% Belgium; 9; 1% Liechtenstein; 126; 7% Ireland; 26; 2% Spain; 653; 37% 19 If we look solely at countries, then The Cayman Islands, Source: Banco Central de Chile Argentina and Panama are Chile’s main destinations for its FDI. Total Chilean FDI per Country from 1974 up to November 2005 Millions of Dollars 3806 3017 1592 1061 945 887 668 653 634 526 141 C ay m an Is la nd s Ar (1 ge ) nt in a (2 Pa ) na N m ew a (3 Ze ) al an d (4 U ru ) gu U ni ay te (5 d ) St at es (6 ) Pe ru (7 ) Sp ai n (8 ) Br Vi az rg … i i n l( Th Is 9) e la N nd et s he (1 rla 0) nd s (.. 18 ) 4000 3500 3000 2500 2000 1500 1000 500 0 Source: Banco Central de Chile A further analysis of development and distribution of Chilean FDI is being given in chapter two. Chilean FDI in 2005 When we take a look at FDI-flows in the period from January to October 2005, the distribution of FDI is completely different. Central America was by far the least important destination; the Cayman Islands and Panama even experienced outflows of Chilean FDI, respectively by $-119 million and $-12 million. It is possible that because of an increase in the number of Bilateral Investment Treaties and treaties to avoid double taxation, these fiscal paradises lost their importance. The decrease of investment in The Cayman Islands seems to be a recent phenomenon; in 2004, for the first time net investments in the Cayman islands were negative (-2). Stricter regulations concerning FDI after accusations of being non-transparent in 2000 is one of the reasons that causes this trend.21 21 http://news.bbc.co.uk/1/hi/world/americas/country_profiles/370918.stm ‘Regions and territories: Cayman Islands’ 17-11-2005 20 On the other hand, The British Virgin Islands accounted for a relatively high inflow of FDI: $124 million. North America was the most important destination ($325 million) with the United States covering the main part, with an amount of $300 million. South America experienced a slight decrease (8%) in the incoming flow of Chilean investments. Nevertheless, in this region, Brazil, Argentina, Uruguay and Peru continued to be the main recipients. In 2004, Argentina experienced a period of disinvestment, mainly caused by the election of president Kirchner in 2003, but in 2005 net investment was above zero again. Distribition of Total Chilean FDI, January-October 2005 Millions of Dollars Asia; 18; 2% Africa and oceania; 6; 1% Europe; 258; 30% North America; 325; 39% Central America; 2; 0% South America; 240; 28% Source: Banco Central de Chile As we can see, Europe has become the second most important destination of Chilean FDI (30%), with England and Spain as main recipients, receiving respectively $202 million and $36 million. Although they were with England and Spain one of the three most important destinations in the decades before 2005, the Canal Islands received no investments from Chile. Right now, Switzerland holds the third place in the ranking. The Netherlands received in the first three trimesters of 2005 $ 3 million, 1.2% of total investments in Europe in 2005. If we look at countries instead of regions with the most Chilean FDI in January to October 2005, then the United States come first, followed by the United Kingdom ($202 million), the British Virgin Islands ($124 million) and Brazil ($104 million). These four countries received 21 together 86% of Chilean FDI, which means that there is not a lot of diversification with respect to Chilean FDI. 1.3 Analysis of Relationship between Chilean International Trade and FDI from Chile Some important trading partners (like Argentina, Brazil and the United States) are important destinations for Chilean FDI as well, which could imply that trade is a necessary preceding condition for investment. On the other hand, there are also regions that have a very good trade relationship with Chile, but where Chilean investments don’t come off, like Asia: This block is the most important destination for Chilean exports and the second most important origin of Chilean exports of 2005, but received only 2% of Chilean FDI in 2005. In addition, there are also countries with a large amount of Chilean investment, but with a low amount of international trade, like countries in Central America (e.g. Cayman Islands). Therefore, it still is logical that already existing trade relations facilitate future investment flows, but other factors with an influence on investments shouldn’t be neglected either. For example, investments in the Cayman Islands are not a direct consequence of trade with the Cayman Islands, but are caused by the attractive tributary system and have another final destination. Moreover, Chilean FDI is far from homogeneous, which makes it hard to make statements about general relationships or facilitating factors. To find the factors with major influence on Chilean FDI, we focus on the main destinations of Chilean FDI in the next chapter. 22 Chapter 2: Chile: Investing Abroad 2.1: General Motives to Invest Abroad Chileans invest generally to expand their markets, which is quite logical. Chile does not have a very large market itself; with a total amount of only 15.981 million, Chileans feel the need to look beyond their own borders.22 Other reasons to invest are to increase the scale of the business and to get the possibility to control a larger part of the business someone is in. Generally, Chilean business is characterized by efficiency and good management; especially in comparison with other countries in the region, which forms an extra incentive to buy some control over parts of the business abroad.23 At this moment, Chilean companies possess a lot of liquid assets, which makes it plausible that companies will invest in Chile itself and abroad. The choice to invest in a certain country depends roughly on one factor: yield. Yield is a complex term: it consists of factors that minimize costs as well as of factors that maximize benefits. For every sector in an economy, there are other factors influencing yield, which makes it difficult to investigate general patterns of investment. Nevertheless, there are some general factors that influence investment. One of the most obvious of these factors, both influencing costs and benefits, is country risk. Country risk itself depends on three factors: 1) Economic stability (e.g. macroeconomics, exchange rates, currency stability) 2) Financial stability (e.g. inflation) 3) Political stability (internal: e.g. corruption and policies concerning foreign participation in the market, as well as external: e.g. international relations in general or the presence of conventions like Free Trade Agreements, agreements to avoid double taxation and Bilateral Investment Treaties). Although somewhat vague, country risk determines the degree of trust that potential investors have in a certain country. The perception of country risk may vary per country, but also per sector. 22 23 www.gesource.ac.uk/worldguide/html/851_people.html Based on: Interview with Señor Profesor D. Hachette de la F., Pontificia Universidad Católica, 16-11-2005 23 Other factors are, for example, the presence of markets, already existing trade relationships or competition, history, geographical and/or cultural proximity and the policy of the country of origin concerning outward FDI. This list of factors enumerates the most important ones, but of course, for each sector (and even for each company) in the Chilean economy, the factors constituting a decision to invest in a certain country are different. There doesn’t exist a ‘perfect’ destination for Chilean investments. Every possible destination has advantages and disadvantages, depending on numerous factors, situations and preferences of the investing entity. A certain country which seems to be ideal for investments in a certain sector from a certain company, might be the worst option for another investor. Chile as a Platform for Investments We should be aware of the fact that not all registered Chilean FDI comes from purely Chilean investors. For example, subsidiary companies (in Chile) of foreign multinationals can invest their capital outside Chile, and can therefore be registered as Chilean foreign direct investors. Although complex and hard to trace, this theory could especially be applied to the two main investors in Chile: the United States and Spain, with respectively $15.9 billion and $13.7 billion of total materialized investments between 1974 and 2004.24 Their investments in Chile can be a new source of Chilean FDI, by using Chile as a platform for their own investments. This seems to be complex, but there are other more complex possibilities of using Chile as a platform for investments. A foreign company could form a strategic alliance with a Chilean company, to develop commerce in, for example Latin America. In this way, ‘Chilean’ investments abroad can partly be from other foreign companies as well as Chilean companies. It depends on the way of registration and technical aspects of the investment whether this investment will be registered as a Chilean investment abroad or a foreign investment in or via Chile (or in Latin America). An example for this is the case of Mitsubishi forming a strategic alliance with the Chilean company Teknos, to introduce a so-called Wireless Local Loop technology, developed by Mitsubishi, in other Latin American countries.25 24 25 www.cinver.cl Authorized and Materialized FDI by Country of Origin (D.L.600) www.cinver.cl ‘Mitsubishi is Extremely Interested in using Chile as an Investment platform’, 27-12-2005 24 In this context, it is an interesting observation to see that Chile has an exceptionally high Inward FDI/GDP ratio: 65% in 2003, while other countries didn’t even come close to this percentage (for example, Brazil (25.8%), the United States (14.1%) or the average of the developing countries (31.4)).26 Principal sectors for foreign investment in Chile are M(32.6%), EGW and FIRS (both 19.6%).27 International Conventions with a positive influence on foreign investment: FTAs, BITs and DTAs The existence of international conventions like Free Trade Agreements (FTAs), Bilateral Investment Treaties (BITs) and Double Taxation Agreements (DTAs) can increase foreign investment between countries. Free Trade Agreements often include chapters with regulations concerning foreign investment, by, for example, reciprocally assuring a secure and predictable legal framework, protection of intellectual property and an effective and impartial procedure for dispute settlement with respect to foreign investment. Such regulations can be found in, amongst others, the FTA between Chile and the United States.28,29 Moreover, such agreements create a positive trade- (and investments-) minded atmosphere. In 1991, Chile became a signatory of the Washington Convention of 1965 that created the International Centre for Settlement of Investment Disputes (ICSID). Since then, the country began to negotiate BITs, a mechanism through which Chile provides additional protection both to inward and outward foreign investment flows. As of November 2005, Chile has signed 52 BITs.30 Finally, Double Taxation Agreements guarantee more financial security for investors, by establishing more cooperation amongst tax authorities. Exchange of information and the formulation of reciprocally recognized regulations are key instruments. A complete list of countries which are party to Chile’s FTAs, BITs and DTAs as well as more legal information about BITs can be found in the appendix. 26 Unctad ‘World Investment Report 2004 www.cinver.cl 28 www.ustr.gov, summary of the U.S.-Chile Free Trade Agreement 29 For a more detailed description of the FTA between Chile and the European Union, please refer to chapter 3 of this report. 30 www.cinver.cl 27 25 Treaties like FTAs, BITs and DTAs can facilitate a high level of investments, but it is also possible that a high level of investments is a reason to start negotiations about these kinds of agreements. There is no clear evidence that an agreement necessarily and directly influences the level of investments; for example in the case of New Zealand, which is the fourth destination of foreign investment from Chile, but with which are no FTA, BIT or DTA in force. In the case of the United States, the most important destination for Chilean FDI in 2005, there ‘only’ is a FTA in force. 26 2.2 The process of investing abroad How to invest abroad In general, it’s quite easy for Chileans to invest outside Chile. The most important things to do, is to get informed about the situation in the country of destination, ‘send the money’, inform the Central Bank of Chile and the Servicio de Impuestos Internos, the Chilean Tax Authority. Unlike about five years ago, it is not necessary to ask any authority for permission to complete the transactions, which is in accordance with The Ley Orgánica Constitucional del Banco Central de Chile, Artículo 39. This Article states that ‘Any person may freely engage in foreign exchange transactions.’31 Articles 40 and 42 describe limitations: ‘The Bank may require that the transaction of specified foreign exchange operations be reported in writing using the prescribed forms’32 and ‘The Bank may decide, through a justified resolution adopted by the majority of all Board Members, that (certain) transactions are to be conducted exclusively within the Formal Exchange Market’.33 Article 41 describes this Formal exchange Market as follows: ‘The Formal Exchange Market shall be deemed to consist of the banking entities. The Bank may authorize other entities or persons to be part of the Formal Exchange Market, that shall be entitled to conduct only such transactions as The Bank may have determined.’34 FDI: Regulations of the Banco Central In Chile, the Central Bank formulated rules for Chilean foreign Direct Investment. There are two chapters about Foreign Direct Investment. These are Capítulo XII and Capítulo XIII. The first one contains rules for persons, established in or residing in Chile, not being banking companies. The second one contains rules for banking companies, established in Chile. These rules constitute a certain environment of security and for example the prevention of fraud, but will not be a barrier to invest abroad. Please refer to the appendix for an example. 31 Ley Orgánica Constitucional del Banco Central de Chile, Título III: Facultades y Operaciones del Banco, Párrafo Octavo (1), De las Facultades en materia de operaciones de cambios internacionales, art. 39 32 Ley Orgánica Constitucional del Banco Central de Chile, Título III, art. 40 33 Ibidem, art. 42 27 Transnationalization policy? Some governments of emerging markets try to support foreign direct investment, to improve competitiveness.35 Also in Chile, the government tries to support FDI, but only in a nonsubsidizing way and mainly to support investment in Chile. For example, foreigners can count on tax advantages if they want to invest in Chile.36 Concluding, Chile has an open economy, also concerning FDI. Therefore, if we look at the policy concerning FDI in the country of origin and in the country of destination, the destination and amounts of flows of investments are mostly determined by the latter. 2.3 Analysis of Important Chilean FDI- Destinations, by Region and Country General remarks: For reasons of lack of information of Chilean FDI divided by sector, in this chapter the focus will be on direct investment and portfolio investment together. Analyses are based on data of the Boletín Mensual from December 2003 of the Banco Central de Chile. For an impression of which companies from which sector are investing in which country, please refer to the appendix. In spite of the fact that the data on this list are somewhat outdated, it might help to get a better understanding of Chilean investments and investors. Chapter three is dedicated to Europe and The Netherlands, for a more detailed description of these destinations. Central America: Because of the fact that the largest part of Chilean FDI in Central America was destined to the FIRS-sector until December 2003, it is likely that the Cayman Islands, Panama and the Virgin Islands are not a final destination for Chilean FDI, but a platform from which Chilean companies invest in other countries in the world, like the United States. Reasons for this are an attractive tributary system, proximity to highly developed countries and perhaps also the possibility to keep the final destination and amounts of capital secret. It is imaginable that this especially was attractive under the Pinochet regime, which also might explain that at this moment the region is much less attractive than before. Another reason for 34 Ibidem, art. 41. Unctad, ‘Press Release: Firms in developing countries rapidly expanding foreign investment, transnational activities’, 30-05-05 36 www.cinver.cl: Decree Law 600, ‘Fdi in Chile: regulations and procedures’ 35 28 companies to keep information about their investments secret, is possible competition from other companies. The Cayman Islands as a platform for investments are attractive because of a very low country risk, but this does not count for the whole region. For example, investing in Panama is not considered to be without risk. Investments in Panama until December 2003 not only included investments in the FIRSsector, but a considerable part is also directed to the TSC- and ASFF-sector (respectively 22% and 12%). Since October 18th 1999, a FTA between Chile and Central America (that is, Costa Rica, Honduras, Nicaragua, Guatemala, El Salvador and Panama) is in force.37 There are also several BITs with countries in Central America (amongst others with Costa Rica, Panama, Nicaragua, Honduras, Cuba and Guatemala).38 Until now, there are no DTAs with countries in Central America.39 Latin America In general, countries in Latin America have advantages with respect to FDI, because of their cultural and geographical proximity. Because of this, costs of maintaining commercial relations and investment will be lower, in terms of time as well as of money. In this region, the largest part of investments until December 2003 was directed at the FIRS- , MI-, and Ce-sectors. Contrary to Central America, this region is for the largest part of the investment a final destination and not a intermediate stage for Chilean capital. Taking this into account, Latin America is the most important final destination for total Chilean foreign investment. From a historical perspective, Argentina (which received more than 50% of total direct investments in Latin America between 1974 and 2005) became an attractive country to invest in because of economic reforms starting around 1988. These economic reforms included privatization and decentralization; a process comparable to the one in Chile, started in 1979 37 38 www.direcon.cl www.cinver.cl 29 under Pinochet. Because of this, Chileans had an advantage by already having experience in managing privatizing companies, which made Argentina an interesting country to invest in. The same phenomenon could be observed in Peru since 1990 under the Fujimori-regime and in Brazil between 1995 and 2003 under Cardoso. However, although the advantage of Chileans in terms of experience in managing privatized companies might explain a part of investments, it certainly does not explain all the flows of investment to countries in Latin America. For example, efficiency and skills of Chilean companies are also very important factors. Right now however, because of the lack of political, financial and economical stability, Argentina is being perceived as a rather risky country to invest in. The Kirchner regime and political climate do not make Argentina very attractive as a destination for Chilean FDI. For example, and though it is not the only factor, on the Transparency International’s Corruption Perception Index, the country scores a 2.5 on a scale ranging between 1 (highly corrupt) and 10 (highly clean).40,41 In addition, there is much interference of politics in the Argentinean economy, which is sometimes characterized by a lot of mistrust. Nevertheless, there of course are Chilean companies that do invest in Argentina, for example Sigdo Koppers. This Chilean company invests in Argentina and plans to invest a $50 million more in 2006 and 2007. With this money, they will construct a plant to produce plastics that will be used to pack food products. In this case, the reason to invest in Argentina is to increase their participation in the countries belonging to Mercosur (Brazil, Argentina, Uruguay and Paraguay) and Latin America, where the expectations for the food market are high.42 Others too, like the Chilean ambassador in Argentina, Luis Maira, envision interesting opportunities, because of a large market, geographical proximity and possible strategic alliances within the Mercosur-block. Because of this, they expect a considerable growth of amounts of Chilean investments in Argentina.43 39 www.sii.cl Transparency International Corruption Perceptions index 2004 41 Ranking lists of country risk are not available; because of that we are using the corruption index as an example 42 La Tercera, 20-12-2005, pag 26, Sigdo Koppers refuerza inversiones en Argentina 43 Diario Financiero ‘Buenas Perspectivas ofrecen los países de la región para el inversionista chileno’ , 20-92005 28 40 30 Chilean investments in Argentina cover a lot of different sectors: Until 2003, the largest part of the investments was directed at the FIRS-sector (36%), but the MI- and EGW-sectors also received a considerable part (respectively 19% and 18%). The C-sector received 12% and the TSC-sector received 9%. Since October 1st 1996, Chile is after signing an Economic Complementation Agreement an Associated member of Mercosur, to which Argentina is a party.44 A BIT between Chile and Argentina is in force since February 199545 and a DTA is in force since March 1986.46 Uruguay has, in relation to other countries in Latin America a low country risk: for example, (and though, as already stated, not the only factor) it scores a 6.2 on the Transparency International’s Corruption perceptions Index. The largest part of Chilean investments until December 2003 went to the FIRS-sector (72%), the C-sector(8%), the ASFF-sector and the MI-sector, with both 7%. Via the Economic Complementation Agreement with Mercosur, Chile and Uruguay share an FTA since 199647 and in 1999 a BIT between the two countries entered into force48. Until December 2003, the largest part of Chilean investment in Peru was directed at the MIsector (36%). This is rather remarkable in comparison to other Latin-American countries, where the FIRS-sector in this year was the most important sector (in Peru it was the second most important, however). Like Argentina, Peru also experienced a process of economic reforms, under the Fujimoriregime between 1990 and 2000. This offered opportunities for Chilean investors, with more experience in managing newly privatized companies. This could have caused a surge in investments. A FTA (1998) , a BIT (2000) as well as a DTA (2004) between Chile and Peru are also possible stimulators for investments.49 International relations, however, might be less stimulating. Peru and Chile historically were rivalling countries and sometimes still seem to 44 www.direcon.cl www.cinver.cl 46 www.sii.cl 47 www.direcon.cl 48 www.cinver.cl 49 www.direcon.cl, www.cinver.cl, www.sii.cl 45 31 be: even in 2005, there were disagreements about the division of territories. This also might influence the perception of the country risk. Corruption is rather high in the country: Peru scores a 3.5 on the Transparency International’s Corruption perceptions Index. Brazil is an attractive country for Chilean investments, according to the Chilean ambassador in Brazil, Demetrio Infante. Factors that facilitate investments in this country, are (macro)economic stability and a steady business-environment.50 Because of the size of the country, the market is very large and the geographical and cultural proximity of the country should make it easy for Chileans to invest. In addition, like in Argentina, Chileans have a comparative advantage concerning experience in managing newly privatized Brazilian companies. (From 1995, Brazil entered into economic reforms under president Cardoso). If seen from a political perspective, the country risk is rather low, in comparison with other Latin American countries. However, although better than Argentina, Brazil scores with a 3.9 badly on the Transparency International Corruption Perceptions Index. Until 2003, 60% of Chilean investment was directed at the FIRS-sector; the second most important sector was Cm (19%) and the third most important sector was MI, with 10%. Via Mercosur, Chile and Brazil share an Economic Complementation Agreement since 1996. The two countries signed a BIT in 1994, which is not in force nowadays however. A DTA between Chile and Brazil is in force since 2003.51 For the rest, a large investment is being expected in 2006 in Venezuela: the Chilean Empresa Nacional de Petróleo (Enap) plans to invest $ 300 million in exploration and exploitation of an oil field in the east of the country. This investment doubles the current stock of Chilean investments in this country, which makes Venezuela the fifth most important country for investments on the continent.52 50 Paola Díaz S. ‘Buenas perspectivas ofrecen los países de la región para el inversionista chileno’ Diario Financiero Economía 20-11-2005 51 www.cinver.cl, www.direcon.cl, www.sii.cl 52 Juan Metiches R., ‘Energía: Sobre US$ 300 milliones evalúa invertir Enap en Venezuela’ El Mercurio, 27-122005 32 North America Economic relations between Chile and the United States are close, concerning trade, as well as investments. Although not the most important country concerning total stock of Chilean investments, at this moment, the United States as a country are not only the principal destination of FDI, but also the principal source of FDI in Chile. Total FDI from the United States in Chile amounts to $16 billion; 27.2% of total FDI in Chile.53 As explained in subchapter ‘Chile as a Platform for Investments’, it is possible that because of the large amount of trade and investments from the United States, there are automatically more opportunities to invest in the United States. By far, the largest part of Chilean Investments in the United States flows to the FIRS-sector (90%). This sector is followed by the Ce- and MI-sectors, with respectively 3% and 2%. Country Risk is low; financially, economically and politically: for example, The United States score a 7.5 on the Transparency International Corruption Perceptions Index, and get an ‘AAA’ rating on the ‘long-term foreign currency sovereign rating’ from Fitch Ratings as well as from Standard and Poor’s and Moody’s.54 There is a large market of consumers in the United States. This market has a rather uniform and harmonized image, which makes it possible to create a clear and general vision of commercial opportunities for Chilean investors. In 2004, a FTA between the United States and Chile entered into force. Right now, a DTA is under negotiation.55 New Zealand All of Chilean investments in New Zealand are directed at the FIRS-sector. The country risk is low. In combination with the proximity of Australia as well as Asia, this country, like the countries in Central America, serves as a platform for investments in the region. However, this is not because of the tributary system, but it is possible that there are other regulations that 53 Direcon ‘Chile, a springboard into new markets’ August 2005 83 Ibidem, 69. 55 www.cinver.cl, www.sii.cl 54 33 make this country attractive as a platform for investments. The market in New Zealand is very open and the economies of New Zealand and Chile have various similarities. A remarkable fact is that there are no agreements with a possible positive influence on investments in force: Via the P4-association agreement, New Zealand signed an FTA with Chile in 2005, which is not in force yet. In addition, the country signed a BIT with Chile in 1999 and a DTA in 2003, which also are not in force. Problems during negotiations are caused on the side of Chile, where amongst others large-scale agricultural landowners in the south of Chile expect to experience disadvantages of these agreements.56 56 Prue Hyman and Jane Kelsey, ‘Critique of the propsed Chile-New Zealand Closer economic Partnership (P3 with Singapore)’ 21-12-2004 www.bilaterals.org 34 Chapter 3: Europe and The Netherlands as Chilean FDI-destinations 3.1 Europe: Advantages and disadvantages There exists a wide variety of opinions among Chileans about possibilities for investing in Europe. For some, Europe is a very attractive destination for Chilean foreign investments, but others don’t even think of ever investing in Europe. Low amounts of investments confirm signs of a lack of interest in investing in Europe: only 10% of total Chilean investments up to November 2005 has Europe as destination, in spite of large amounts of international trade. On the other hand, it seems like Europe becomes more attractive for Chilean investors, if we look at investments in 2005: 30% of Chilean investment had Europe as destination. In this chapter, we take a look at the perceived advantages and disadvantages for Chileans of investing in Europe. Country Risk In the first place, the country risk is low. Europe is stable; politically, as well as economically. There is a sophisticated legal system, which safeguards investments and trade, but which on the other hand could cause inertia because of bureaucracy. Inflation is low, and exchange rates are stable. Large but Highly Developed Markets There are large markets, with a wide variety of possibilities to trade and to invest. On the other hand, these markets are mostly highly developed and mature, with little huge ‘gaps in the market’ to enter. To become a successful player on this market, a lot of knowledge and skills are necessary to compete with the others. The economy of Chile is not being characterized by a high level of innovation, while demand for innovative products is high. Moreover, the European market has a lot of diversification and fragmentation in the sense of producers, consumers and products, which makes it difficult to get a clear view of commercial possibilities.57 57 Interview with Señor Profesor D. Hachette de la F., Pontificia Universidad Católica, 16-11-2005 35 Geographical Distance The geographical distance of Europe offers both reasons to invest, as well as not to invest. To manage trade and commercial processes in Europe, it’s necessary to be physically present in a distant market. Some companies have the experience that business at the other side of the world just is not manageable from an office in Chile, and therefore they establish an office, a part of their production chain or they invest in a distribution channel in the market of destination itself. On the other hand, the distance to Europe could be a reason not to trade or to invest, because it’s simply too costly or there are too many options closer to the country of origin. Cultural Distance If you look at cultural distance from Chile to Europe, a lot of different observations can be made. In the first place, most Chilean people have their (far) roots in Europe, because of the Spanish colonization and, since the late nineteenth century, the arrival of a large group of European immigrants, mainly Germans, British, French and Italians.58 From a linguistic perspective, in Europe only Spain and in lesser degree Italy are close to Chile. Difference in language is an often cited barrier for Chileans for trade and investments in Europe. Also, a lack of knowledge of Europe in general and for example its markets, possibilities and legal system make Europe culturally more distant. In this context, minor factors, like a different Chilean accountancy system (which is more like the accountancy system in the United States) and many Chilean CEO’s having their education in the United States instead of in Europe, can also make Europe less attractive to invest in. International Relations Generally, international relations between Chile and the EU, as well as between Chile and the individual member states, are good. With respect to economic ties, there is a number of treaties, of which the Association Agreement between the EU and Chile is the most important and well-known. However, the emphasis in this treaty is more on trade than on investments and if there are chapters about FDI in Europe, they deal mostly with general statements on the subject. At this moment, there is no clear, uniform, harmonized policy concerning investments, which causes some vagueness and insecurity for foreign investors in the EU. For 36 this, to attract more investment, it is necessary (though difficult) for Europe to harmonize their policies concerning inward foreign direct investment. Promoting Investment: Article 21 of the Association Agreement between the EU and Chile 1. The aim of cooperation will be to help the Parties to promote, within the bounds of their own competence, an attractive and stable reciprocal investment climate. 2. Cooperation will cover in particular the following: (a) establishing mechanisms for providing information, identifying and disseminating investment rules and opportunities; (b) developing a legal framework for the Parties that favours investment, by conclusion, where appropriate, of bilateral agreements between the Member States and Chile to promote and protect investment and avoid dual taxation; (c) incorporating technical assistance activities for training initiatives between the Parties’ government agencies dealing with the matter; and (d) developing uniform and simplified administrative procedures.59 Bilateral Agreements with Member States of the European Union There is also, apart from the Association Agreement between Chile and the EU as a whole, a number of Double Taxation Treaties and Bilateral Investment Treaties. These agreements state, for example, the rules to determine the state that has the right to charge the obtained revenues, the tax subjects, the type of tax and the tax rates that will be applied. They facilitate the investments flow, because it is known in advance which will be the tributary costs that the investors will have.60 In the past years, the Chilean government pursued an active policy in expanding the number of this kind of treaties, but right now this policy is being revised. Chile is, in cooperation with the World Bank, studying the trade off between more investment and less tax revenues. 58 Melvin Ember and Carol R. Ember , ‘Countries and their Cultures, Volume 1 Commission of the European Communities, ‘Proposal for a Council decision on the conclusion of an association agreement between the European Community and its Member States of the one part, and the Republic of Chile of the other part’ 3-10-2002 60 www.eurochile.cl 59 37 BITS AND DTAS WITH MEMBER COUNTRIES OF THE EUROPEAN UNION Country BIT DTA Austria In force since 2000 None Belgium In force since 1999 In negotiation Denmark In force since 1995 In force since 2005 Finland In force since 1996 In negotiation France In force since 1994 Signed in 2004 Germany In force since 1999 None Greece In force since 2003 None Italy In force since 1995 In negotiation Ireland None Signed in 2005 Luxembourg None None The Netherlands Not in force In negotiation Portugal In force since 1995 Signed in 2005 United Kingdom In force since 1997 In force since 2005 Spain In force since 1994 In force since 2004 Sweden In force since 1996 Signed in 2004 Cyprus None None Slovakia None None Slovenia None None Estonia None None Hungary Not in force In negotiation Latvia None None Lithuania None None Malta None None Poland In force since 2000 In force since 2004 Czech Republic In force since 1996 In negotiation In spite of the existence of various agreements with a positive influence on Chilean foreign investments by opening up commercial international relations, also protectionist behaviour is being reported. Europe applies, for example, more (formal as well as informal) regulations concerning foreign investment and is less transparent than the United States.61 38 It is possible that the recently acceded member states of the European Union will be an attractive destination for Chilean capital, because of the state of development and the size of the market. Right now, however, it is too early to tell anything about tendencies concerning investments in, for example, Eastern Europe. (Investment-) Climate? An example There are a lot of possible reasons to invest in Europe. Sometimes it seems like even all factors as described above are not the main reason to invest in Europe, which is also the case with a Chilean producer of and trader in fruits. This company invests among others in Europe. They invest in Spain and Poland, mainly by buying land to produce fruits. They also have one commercial office in Spain. For them, the main reason to invest in Europe, is the geography, which causes a different spread of seasons than in other parts of the world. With their presence in many parts of the world, they can produce fruits of the season throughout the whole year; seasonal gaps are being filled with production in another part of the world. For example, when it’s winter in Chile, it’s summer in Spain and vice versa. The macro-economical or political climate to invest is of minor importance, although countries with an extremely high risk like Argentina are being avoided. This company plans to invest in the coming three to five years $15 million in Spain and Poland. 3.2 Analysis of Important Chilean FDI- Destinations Within Europe Spain as a country is the second most important investor in Chile with a total amount of $13.7 billion(23.4%)62 Hence, it’s very well possible that Spanish companies in Chile re-invest in their ‘casa matriz’ in Spain. Commercial international relations are basically good: apart from the Economic Association Agreement between the European Union and Chile, a BIT entered into force between Spain and Chile in 1994, and a DTA entered into force in 2004.63 61 Interview with Señor Profesor D. Hachette de la F., Pontificia Universidad Católica, 16-11-2005 Direcon, ‘Chile, a Springboard’, 85 63 www.cinver.cl, www.direcon.cl, www.sii.cl 62 39 The largest part of Chilean investments in Spain is directed at the EGW-sector (32%), followed by TSC(23%), Cn (21%) and FIRS (18%). Together with Germany, Spain is the only country that receives relatively more investments in another sector than the FIRS-sector. Although from a geographic perspective very distant from Chile, from a cultural perspective are Spain and Chile close, from which the language is an obvious demonstration. Language is a much-reported factor that stimulates investment-opportunities. Finally, there is a large market in Spain, which is in comparison with some other European countries less developed and less saturated and has a stronger potency for growth. Almost all of Chilean investments in The United Kingdom and the Canal Islands in 2003 were invested in the FIRS-sector. In the UK, this sector accounted for 92% and in the Canal Islands it accounted for 97%. The second sector in England was the M-sector, and in the Canal Islands the TSC-sector. Because of the large percentage FDI in the FIRS-sector, it is plausible that these countries are being used as a platform for investments in Europe. 3.3 The Netherlands as a Destination for Chilean Investments Large Amounts of Trade and Small Amounts of Investments Although the Netherlands are within Europe the most important export destination (and seen from a worldwide perspective, Chile’s fourth most important export destination, after the United States, China and Japan), the total amount of Chilean FDI up to 2005 in this country is very low: $141 million. Between January and October 2005, the Chileans invested only $ 3 million. As we have seen, the presence of strong trade-relations with a country doesn’t necessarily imply a strong flow of FDI to that country, so we have to take a look at other factors than trade. Country Risk Country risk in The Netherlands is low, politically as well as economically. The presence of an excellent infrastructure, like for example the port of Rotterdam, which has the function of being a main gate to the European market, and airport Schiphol, makes The Netherlands an attractive platform from which to start operations in Europe. 40 International Relations There are several commercial conventions between Chile and The Netherlands: a treaty on economic and technological cooperation and a treaty on social security, a declaration of intent about a Double taxation Agreement and a declaration of intent for Agricultural Cooperation. The bilateral investment treaty hasn’t been ratified by the Chilean parliament. Disadvantages In spite of the signalled positive factors, described above, there are also negative factors. The Netherlands are not well-known in Chile, which is an often-mentioned disadvantage of investing in this country. Primarily, language is a problem and, secondarily, Chileans know too little about opportunities (if existent). Moreover, the lack of knowledge of the sometimes complex local and regional rules also forms a barrier to invest in this country. Opportunities Opportunities in The Netherlands are mainly in fields with a innovative character, while Chilean companies investments generally are not characterized by a high standard of innovation. However, possible sectors for investment in The Netherlands are wine and salmon (ASFF). The FIRS-sector also offers opportunities64, as we can see in the division of investments in 2003. In 2003, almost 90% of total Chilean investments was being invested in the FIRS sector. Around 7% of the total amount was invested in the MI-sector, while the rest of the investments was divided between TSC, Ce and ASFF. Chilean Companies Investing in The Netherlands Chilean companies that are affiliated with The Netherlands, as far as is known by Prochile Holanda, are: Chiquita Frupac B.V., New World Fruit Traders (Copefrut s.a.), David del Curto, Decofrut/ Infotrade B.V., Eurofrut, Eurosouth BV, Frucentro SA, Pacific Ores and Trading bv, Arauco Forest Products B.V.65 However, this list is not complete. 64 65 Interview with Sr. Augusto Castillo, Direcon 16-11-2005 Based on data of Prochile Holanda, 4-11-2005 41 These known Chilean investments in the Netherlands are in the ASFF-sector, which is also the most important sector for Chilean exports to the Netherlands. 42 APPENDIX Specification of trade-sectors 43 44 45 46 47 48 Regulations of the Banco Central: An Example Capitulo XII This chapter is divided in two parts: A and B. Under A, there are six subchapters. Chapter A, number 1, starts with describing to whom this chapter is applicable. After this, a short list of definitions of Investments, deposits, credits, ‘disposicion de fondos’ and institutional investors is being given. Number 3 of chapter A says that the Central Bank of Chile should directly be informed by the acting person of all sorts of investments made. Number 4 of chapter A says that all payments, forthcoming from investments abroad, must enter Chile via the formal exchange market. The acting person must inform the ‘Entidad del Mercado Cambiario Formal’ about the sort of operation. The Entidad del MCF must send the received information to the Central Bank. In the case of Valores Extranjeros o CDV, the appropriate persons should send their information directly to the Central Bank. 49 FREE TRADE AGREEMENTS Country or Group of Countries Type of Agreement Signature Date Effective Date European Union (1) Economic Association Agreement 18 November 2002 1 February 2003 P4 Economic Association Agreement 18 July 2005 Parliamentary proceeding pending Canada Free Trade Agreement 5 December 1996 5 July 1997 Republic of South Korea Free Trade Agreement 15 February 2003 1 April 2004 United States Free Trade Agreement 6 June 2003 1 January 2004 Mexico Free Trade Agreement 17 April 1998 1 August 1999 Central America Free Trade Agreement 18 October 1999 El Salvador Free Trade Agreement 18 October 1999 3 June 2002 (Bilateral Protocol) Costa Rica Free Trade Agreement 18 October 1999 14 February 2002 (Bilateral Protocol) Nicaragua Free Trade Agreement 18 October 1999 Bilateral under negotiation Honduras Free Trade Agreement 18 October 1999 Bilateral under negotiation Guatemala Free Trade Agreement 18 October 1999 Bilateral under negotiation EFTA (2) Free Trade Agreement 26 June 2003 1 December 2004 Bolivia Economic Complementation Agreement Nº 22 6 April 1993 7 July 1993 Colombia Economic Complementation Agreement Nº 24 6 December 1993 1 January 1994 Ecuador Economic Complementation Agreement Nº 32 20 December 1994 1 January 1995 Mercosur (3) Economic Complementation Agreement Nº 35 25 June 1996 1 October 1996 Peru Economic Complementation Agreement Nº 38 22 June 1998 1 July 1998 Venezuela Economic Complementation Agreement Nº 23 2 April 1993 1 July 1993 Cuba Partial Scope Agreement Parliamentary proceeding pending 21 August 1998 (4) (1) The countries that participate as members of the European Union are: Germany, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Ireland, Luxembourg, The Netherlands, Portugal, United Kingdom, and Sweden. As from May 1, 2004, the new member countries are: Cyprus, Slovakia, Slovenia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, and Czech Republic. (2) The European Free Trade Association (EFTA) is formed by: Iceland, Liechtenstein, Norway and Switzerland. (3) Mercosur is formed by Argentina, Brazil, Paraguay and Uruguay. Chile participates as country associated to the Agreement, as well as Bolivia. (4) The date refers only to the end of the Negotiations. WWW.DIRECON.CL Bilateral Investment Treaties In these agreements, each Contracting State commits itself to provide fair and equitable treatment to investments legally materialized in its territory by investors of the other Contracting State. They also guarantee the principles of National Treatment and Most Favored Nation status. 50 Moreover, BITs protect private property rights through the establishment of basic principles and minimum standards in case of expropriations. Likewise, they guarantee that any expropriation or measure with similar effect will be adopted in accordance with a law based on public good or national interest, in a non-discriminatory manner. They state that expropriatory measures must be accompanied by the provisions of prompt, adequate and effective compensation. Through BITs, the Contracting States guarantee the free transfer of capital, of profits or interest generated by foreign investments, and, in general any transfer of funds related to investments. Some restrictions may apply, in accordance with national laws. Additionally, these agreements establish a dispute settlement mechanism in case of controversies that might arise between an investor of a Contracting State and the other Contracting State. Basically, this mechanism assures that controversies will be settled through friendly consultations. If no agreement is reached, the investor will be entitled to submit, at his own decision, the case before the domestic jurisdiction of the host State of the investment or to international arbitration. In most BITs, this jurisdictional option is definitive. The principle of subrogation is also included in BITs. This means that if one Contracting State -or an agency authorized by it- grants any kind of insurance against non-commercial risks to an investment in the territory of the other Contracting State, the latter shall recognize the rights of the former to subrogate for the rights of the investor in case it has paid the insurance. The protection provided by these agreements applies both to investments made after the agreement comes into force as well as to those made before that date. These BITs, however, do not apply to disputes which arise prior to their entry into force or to disputes directly related to events which occurred prior to their entry into force. Signed treaties need to be ratified by Congress before they can be in force. Treaties are in force in Chile once they are published in the Official Gazette (the Government's Official Registry of laws and decrees). List of Investment Treaties Americas Country Signed on Status * Argentina August 2,1991 In Force since February 27, 1995 Bolivia September 22, 1994 In Force since July 21, 1999 Brazil March 22, Not in force 1994 Colombia January 22, 2000 Not in force Costa Rica July 11, 1996 In Force since July 8, 2000 Cuba January 10, 1996 In force since September 51 Ecuador October 23, 1993 November El Salvador 8, 1996 In Force since February 21, 1996 In Force since November 18, 1999 Dominican Republic November Not in force 28, 2000 Guatemala November 8, 1996 Honduras In Force November since 11, 1996 January 10, 2002 Nicaragua November 8, 1996 In Force since December 10, 2001 Panama November 8, 1996 In Force since December 21, 1999 Paraguay August 7, 1995 In Force since September 16, 1997 Peru February 2, 2000 In Force since August 11, 2001 Uruguay October 26,1995 In Force since April 22, 1999 Venezuela April 2, 1993 In Force since May 17, 1994 Signed on Status Austria September 8, 1997 In Force since November 17, 2000 Belgium July 15, 1992 In Force since August 5, 1999 In Force since December 10, 2001 Europe Country C:\Mis documentos\testweb\Foreign Investment Committee_archivos\bits_archivos\austria.gif C:\Mis documentos\testweb\Foreign Investment Committee_archivos\bits_archivos\belgica.gif 52 http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/croacia.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/checa.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/dinamarca.ht m http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/finlandia.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/francia.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/grecia.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/hungria.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/italia.htm Croatia November 28, 1994 In Force since July 31, 1996 Czech Republic April 24, 1995 In Force since December 2, 1996 Denmark May 28, 1993 In Force since November 30, 1995 Finland May 27, 1993 In Force since June 14, 1996 France July 14, 1992 In Force since December 5, 1994 Germany October 21, 1991 In Force since June 18, 1999 Greece July 10, 1996 In Force since March 7, 2003 Hungary March 10, Not in force 1997 Iceland June 26, 2003 Not in force Italy March 8, 1993 In Force since June 23, 1995 The November Netherland 30, 1998 Not in force s http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/noruega.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/polonia.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/portugal.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/rumania.htm Norway June 1, 1993 In Force since November 4, 1994 Poland July 5, 1995 In Force since September 22, 2000 Portugal April 28, 1995 In Force since February 24, 1998 Romania July 4, 1995 In Force since August 27, 1997 53 http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/espana.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/suecia.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/suiza.htm Spain October 10, 1991 In Force since April 27, 1994 Sweden May 24, 1993 In Force since February 13, 1996 In Force September since Switzerland 24, 1999 August 22, 2002 Turkey http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/ucrania.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/inglaterra.htm August 21, Not in force 1998 Ukraine October 30, 1995 In Force since August 29, 1997 United Kingdom January 8 1996 In Force since June 23, 1997 Signed on Status July 9, 1996 In Force since November 18, 1999 Asia, Pacific Islands and the Middle East Country http://www.sitionuevo.cl/images/flags/australia.gif http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/china.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/corea.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/malasia.htm http://www.direcon.cl/acuerdos/acuerdos_inversion/textos/filipina.htm Australia China In Force March 23, since 1994 October 14, 1995 Indonesia April 7, 1999 Not in force Korea September 6, 1996 In Force since November 18, 1999 Lebanon October 13, 1999 Not in force Malaysia November 11, 1992 In Force since August 4, 1995 New Zealand July 22, 1999 Not in force November Philippines 20, 1995 Vietnam In Force since November 6, 1997 September Not in force 16, 1999 54 Africa Country Signed on Status South Africa November Not in force 12, 1998 Egypt August 5, 1999 Not in force Tunisia October 23, 1998 Not in force SOURCE: WWW.CINVER.CL List of DTAs In Force Polonia (D.O. de 27 de Marzo de 2004) España (D.O de 24 de Enero de 2004) Perú (D.O. de 5 de Enero de 2004) Perú Protocolo Modificatorio Ecuador (D.O. de 5 de Enero de 2004) Corea del Sur (D.O. de 20 de Octubre de 2003) Noruega (D.O. de 20 de Octubre de 2003) Brasil (D.O. de 24 de Octubre de 2003) México (D.O. de 8 de Febrero de 2000) Canadá (D.O. de 8 de Febrero de 2000) Argentina (D.O. de 7 de Marzo de 1986) Argentina (Protocolo Modificatorio N°1, Protocolo Modificatorio N°2) Reino Unido (D.O 16 de febrero de 2005) Dinamarca (D.O de 10 de febrero de 2005) Croacia (D.O 16 de febrero de 2005) Signed Rusia ( 19 de noviembre de 2004) Malasia (3 de Septiembre de 2004) Francia (7 de junio de 2004) Suecia (4 de junio de 2004) Nueva Zelandia (10 de Diciembre de 2003) Irlanda (02 de junio de 2005) 55 Portugal (7 de julio de 2005) Paraguay (30 de agosto de 2005) Negotiation Concluded Sudáfrica In Negotiation Finlandia Cuba Hungría Holanda Suiza Estados Unidos Venezuela Italia República Checa China Bélgica Kuwait Tailandia India SOURCE: WWW.SII.CL 56 Focus: - (Large) Chilean Foreign Direct Investors, World Investment Directory Volume IX Latin America and Caribbean 2004, 214 Largest home - based TNCs, 2002(Millions of dollars and number) Company Industry Sales Employees A. Industrial Corporacion Nacional del Cobre Mining and quarrying 3 422 de Chile Empresa Nacional del Petroleo Petroleum 2 213 Empresas CMPC Embotelladora Andina Soc. Quimica y Minera de Chile Madeco Embotelladoras Chilenas Unidas Molibdenos y Metales CTI Tecno Industrial Indura SA Industria y Comercio Compania Cervecerias Unidas Productos de Alambre Prodalam Agricola Nacional Coresa Contenedores, Redes y Envases Compania Electro Metalurgica B. Tertiary Compañia Sud Americana de Vapores Sodimac Empresas Navieras Farmacias Ahumada Cencosud David del Curto Adexus S.A Synapsis, Soluciones y Servicios 1 243 723 554 359 155 1 121 114 77 17 166 3 326 113 5 920 100 660 630 500 1134 491 72 56 45 4 300 500 480 37 780 20 350 Transport and storage 1 744 460 Trade Transport and storage Trade Trade Trade Trade IT Computer and related activities Trade Telecommunications Food Trade 547 442 314 151 113 73 67 7 000 7 3 000 300 247 400 419 Agriculture Beverages Chemicals Metals Beverages Mining and quarrying Metals Machinery and equipment Beverages Metals Machinery and equipment Metals Metals Emasa Equipos y Maquinarias 64 350 Madecotel 43 56 Empresas Iansa 22 60 Sociedad Productora y 22 80 Distribuidora A.J. Broom y Cia Transport and storage 5 120 Tintas Graficas Inmobiliaria y Other business 4 4 Servicios services C. Finance and insurance Assets Employees .. .. .. .. Sources: The Banker's Almanac, 2003 (London, Reed Information Services, 2003); Thomson Analytics (http://analytics.thomsonib.com/); Who Owns Whom, 2003 (London, Dun and Bradstreet, 2003). 57 Largest affiliates of home based TNCs, 2002 (Millions of dollars and number) Company Name Host economy A. Industrial Edasa Argentina Alto Parana Argentina La Papelera del Plata Cervecería Salta Coca Cola Polar Argentina Sadac Ivax Argentina Ivax Manufacturing Argentina Complejo Industrial Pet Argentina Argentina Argentina Belgium Argentina Argentina Me Global Menipa Aluflex United States Argentina Argentina Briggs Industries United States Gleba Molymex B. Tertiary Easy Homecenter Far Ben Droguería Benavides Companhia Energetica do Ceara Coelce Codelco Kupferhandel Central Costanera Argentina Mexico Germany Argentina Chile Copper Codelco Services Edegela UnitedKingdom UnitedKingdom Peru Benavides de Monterrey Benavides del Pacífico Central Termoelectrica Buenos Aires Easy Generandes Peru Mexico Mexico Argentina Argentina Peru Hidroelectrica el Chocon Argentina Argentina Argentina Mexico Mexico Brazil Industry Sales Employees Beverages Wood and wood products Paper and packaging Beverages Beverages Chemicals Pharmaceuticals Pharmaceuticals 223 170 1 300 831 82 81 75 73 73 55 600 640 690 164 205 .. Rubber and plastic products Metals Beverages Rubber and plastic products Non metallic mineral products Chemicals Chemicals 42 67 29 21 16 420 189 162 14 250 12 11 55 115 1 053 551 441 314 4 300 .. 6 500 1 388 277 240 .. 260 213 213 161 .. .. 154 122 90 43 1 360 2 950 .. 41 34 500 10 32 50 Trade Trade Trade Electricity, gas and water Trade Electricity, gas and water Trade Trade Electricity, gas and water Trade Trade Electricity, gas and water Trade Electricity, gas and water Electricity, gas and water Assets .. Employees C. Finance and insurance Mercobank Argentina Finance 608 .. .. .. .. .. Source: The Banker's Almanac, 2003 (London, Reed Information Services, 2003); Thomson Analytics (http://analytics.thomsonib.com/); Who Owns Whom, 2003 (London, Dun and Bradstreet, 2003). 58 SOURCES Banco Central: ‘Boletín Mensual’ (2001-2005) Banco Central: Ley Organica Constitucional del Banco Central de Chile Diario Financiero, ‘Buenas perspectivas ofrecen los países de la región para el inversionista chileno’, 20-9-2005 Direcon, ‘Chile, a Springboard into New Markets’ 08-2005 Commission of the European Communities, ‘Proposal for a Council decision on the conclusion of an association agreement between the European Community and its Member States of the one part, and the Republic of Chile of the other part’ 3-10-2002 IMF, Balance of Payments Manual 5th ed Juan Metiches R., ‘Energía: Sobre US$ 300 milliones evalúa invertir Enap en Venezuela’ El Mercurio, 27-12-2005 La Tercera, ‘Business news: January-October exports top whole of 2004’, 9-11-2005 Melvin Ember and Carol R. Ember , ‘Countries and their Cultures, Volume 1 Paola Díaz S. ‘Buenas perspectivas ofrecen los países de la región para el inversionista chileno’ Diario Financiero Economía Prue Hyman and Jane Kelsey, ‘Critique of the propsed Chile-New Zealand Closer economic Partnership (P3 with Singapore)’ 21-12-2004 www.bilaterals.org Roberto Alvarez E., ‘The export performance of Chilean Firms: Some stylized Facts,’ Cepal Review 83, August 2004 118 59 Sofofa, ‘Comercio exterior. Informe Mensual’ Agosto 2005 Transparency International, ‘Transparency International Corruption Perceptions Index’ 2004 Unctad, ‘Press Release: Firms in developing countries rapidly expanding foreign investment, transnational activities’ 30-05-05 Unctad, ‘World Investment Report 2001’ 30 Unctad, ‘World Investment Report 2003’ Unctad, ‘World Investment Report 2004 Interviews: Angel Salinas Facco and Andrea Lynch, Banco Central de Chile Augusto Castillo Grado, Direcon Dominique Hachette de la F., Pontificia Universidad Católica Fernando Irrarázaval Zegers, Decofrut Francisco Ortúzar, Hortifrut/Euroberry George Lever, Camara de Comercio de Santiago Jimena Castillo Jaime Bazán Ried and Tara Hayes, Amcham Chile Rosella Cominetti, Eurochile Thos Gieskes, Rabobank Chile Websites www.bcb.gov.br www.bcentral.cl www.bcu.gub.uy www.bea.gov www.bilaterals.org www.ccs.cl www.cinver.cl 60 www.direcon.cl www.dnb.nl www.gesource.ac.uk www.imf.org www.news.bbc.co.uk www.sii.cl www.unctad.org www.ustr.gov 61
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