Chile – new foreign investment law
President Michelle Bachelet passed into law on 16 June a new regulatory regime for foreign investment in Chile. The new law, which replaces the 1974 Foreign Investment Act, will provide “a more modern legal framework” allowing the country to adopt a proactive role in attracting investors, Bachelet said during a ceremony to mark the law’s passage at the La Moneda presidential palace. “It is a law that not only establishes the conditions for foreign investors but that also involves the creation of a national strategy to promote foreign direct investment (FDI)…For the first time in history, Chile will have a national investment policy that is able to fit in with the rest of our economic policy and to provide sustainable development,” Bachelet said.
The law entails the creation of a committee of ministers for the promotion of foreign investment, which will advise the president on foreign investment policy. It also involves the setting up of a foreign investment promotion agency that will implement the policy of attracting foreign investment and also coordinate the efforts of the country’s regional governments to do so, following advice laid out by the Organisation for Economic Co-operation and Development (OECD).
The new law, which will come into force in 2016, guarantees foreign investors’ access to foreign exchange markets and to the free remittance of capital and earnings. But current foreign investors in Chile will have the option to maintain contracts signed under the terms of the 1974 legislation, which will also be available to new investors for a maximum period of four years with a fixed tax rate of 44.45%.
“This new legal and institutional framework is a true opportunity for Chile, to attract better projects which bring greater productivity, greater innovation, greater diversification, more sustainability and better cooperation between the State, the communities and businesses,” Bachelet said. She emphasised “the position of Chile as a serious economy, open to the world, that is managed responsibly and that serves as a link between the Pacific and Latin America”, as a feature that was attractive to foreign companies looking to invest. “We are a country whose economy has its doors open and that warmly receives foreign businesses that contribute their knowledge, technology and ideas to the development of our nation”, she said.
The United Nations Economic Commission for Latin America and the Caribbean (ECLAC) released a report in May of this year showing that Chile remains the third most popular Latin American country for foreign investors, behind Brazil and Mexico. According to figures published by the Chilean central bank, Chile received US$111.27bn in FDI between 2010 and 2014. FDI in 2014 was US$23.30bn, 15% above that of the year before, but below the US$28.54bn invested in 2012. FDI is concentrated in the mining sector, which absorbed 44.9% of the total between 2009 and 2013; over the same period the US was the biggest investor, with 16.7% of total FDI.
Bolivia – first oil find for quarter-century
The government led by President Evo Morales announced on 18 June the discovery by the state-owned oil company, Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), of new oil reserves. This is the first such find for 23 years and at a stroke nearly triples Bolivia’s current oil reserves from 16m barrels to 44m barrels.
YPFB expects that exploitation of the oil reserves in the Boquerón Norte field in the municipality of Yapacaní in the eastern department of Santa Cruz will begin in 2017. The minister of hydrocarbons and energy, Luis Alberto Sánchez, said the discovery would permit Bolivia to reduce its diesel imports by around 20%, as some 6,500 barrels of oil per day would come on-stream from this well from 2019 onwards. The State subsidises fuel, and the biggest cost behind this subsidy is diesel imports.
Separately President Morales said on 20 June at an event in Cochabamba that Bolivia hoped to be exporting some 8,000MW of electricity by 2025, when the country will celebrate its bicentenary of independence. Morales said that much of this would be generated by a bi-national hydroelectric dam being planned with Brazil on the shared Madeira river for launch by 2022. This would generate 3,000MW, with Bolivia exporting the surplus electricity back to Brazil and using the proceeds to cover its portion of the financing cost, much as Paraguay currently does to Brazil with the Itaipú hydroelectric dam, albeit Bolivia would be looking for more generous terms as this has been a festering sore between Asunción and Brasília. Bolivia’s current production is 1,500MW, which satisfies the average domestic demand of 1,300 MW.
On 11 June Bolivia’s hydrocarbons & energy ministry announced that French oil firm Total S.A. has pledged to invest US$980m in the second stage of natural gas prospecting in the Incahuasi field located in the eastern department of Santa Cruz. A ministry statement said that the firm’s pledge came after a meeting that Hydrocarbon & Energy Minister Luis Alberto Sánchez held with Total’s CEO, Patrick Pouyanné, in Belgium.
The statement adds that Total’s investment will guarantee the coming on stream of the Incahuasi field in 2016, which will help to increase national natural gas production by 6.5m cubic metres per day. Bolivia currently produces 60.3m cubic metres of natural gas a day. Pouyanné and Sánchez also evaluated the possibility of Total working in a solar energy generation project in the south-eastern department of Potosí.
Colombia approves anti-contraband law
“Enormous satisfaction” was how the finance minister, Mauricio Cárdenas, reacted to the approval in mid June of a new anti-contraband law that had been mired in congress for over a year. “Contraband is the main problem which our productive apparatus faces,” Cárdenas said. “We must declare total war on contraband. Contraband destroys jobs, destroys businesses,” he added. According to the commerce, industry and tourism ministry, contraband generates the equivalent of 2% of Colombia’s GDP and 10% of imports.
Under the new law prison sentences will range from four to eight years for contraband dealers and fines will amount to up to 300% of the customs value of the contraband products imported, sold and transported. Those involved in transporting or selling contraband goods will be subject to the law from now on too.
Cárdenas also said that public officials would be punished much more severely for complicity in contraband. “Before they could get away with a fine but now they will go to prison,” he said. For those facilitating large-scale contraband operations, involving merchandise of over Col$120bn (US$47,000) prison sentences will be up to 16 years.
“Contraband is the other side of the story of narco-trafficking,” Colombia’s finance minister, Mauricio Cárdenas, said. “Drugs leave the country and these drugs return converted into cheap merchandise, merchandise that doesn’t pay tax,” he added. Contraband denies the State some Col$2.9 trillion (US$1.14bn) a year in taxes, according to Colombia’s customs and excise agency (Dian).
Peru
Peru’s GDP increased by 4.25% year on year in April, the national statistics institute (Inei) reported on 15 June. This was the highest monthly growth rate to date this year, suggesting that domestic economic activity is starting to pick up after suffering a marked slowdown since mid-2013. Peru has now posted 69 consecutive months of economic growth, with a cumulative 12-month growth rate for the of 1.74% and year to date growth of 2.39%. Inei highlighted a recovery in mining, fishing and manufacturing. Metallic mining activity increased by 18.3%, the highest rate since 2008. Activity in the manufacturing sector posted an increase of 6.1% after 11 months of negative growth. On the downside, the construction sector contracted by 8.6%. Peru’s central bank has retained a conservative 2015 growth forecast of 2.36%.
Brazil
Brazil’s national unemployment rate was 8.0% in the period February to April, the highest rate since the 7.98% posted in the first quarter of 2013. In the same period in 2014, the rate was 7.1%. This result was lower than the 8.2% consensus forecast compiled by Bloomberg News. Average wages were down to R$1,855 (US$594) for the quarter ending in April 2015, from R$1,862 (US$596) in the same period in 2014.