October 2012 Foreign Direct Investment in Uruguay End date of the report October 25, 2012 URUGUAY XXI Investment and Export Promotion Agency Table of Contents I. II. III. IV. V. VI. VII. VIII. IX. SUMMARY.............................................................................................................. 3 FDI IN LATIN AMERICA.............................................................................................. 4 FDI IN MERCOSUR ................................................................................................ 7 EVOLUTION OF FDI IN URUGUAY ................................................................................. 9 URUGUAYAN FDI PER COUNTRY OF ORIGIN ..................................................................11 URUGUAYAN FDI PER ACTIVITY SECTOR.......................................................................16 LEGISLATION TO PROMOTE INVESTMENT AND BUSINESS CLIMATE IN URUGUAY ....................18 MAIN INVESTMENT PROJECTS IN URUGUAY ..................................................................21 PERSPECTIVES FOR URUGUAYAN FDI...........................................................................24 2 URUGUAY XXI Investment and Export Promotion Agency I. Summary In a highly unpredictable global context, Latin America is becoming one of the most dynamic regions in terms of Foreign Direct Investment (FDI) attraction. Prospects indicate there is reason to believe that this trend will continue in coming years. Brazil is the main recipient of FDI in Latin America, and Uruguay occupies the 9th place among the 20 countries that make up the block. FDI flows in Uruguay have increased significantly during recent years. Since 2008, Uruguay has been experiencing a major growth with regards to foreign investment attraction, and has been receiving an average investment of over US$ 2.0 billion per year since then. This has allowed the FDI stock to reach a total of US$ 15.16 billion in 2011, leading Uruguay to present one of the highest ratios in the region when considering FDI stock in relation to GDP. The main origins of Uruguayan FDI in 20101 are Argentina, England, Brazil, Spain and Belgium, which together represent almost half of the FDI attracted by Uruguay. In recent years a strong process of productive FDI inflows has been taking place. These inflows are mainly allocated to Construction and Agriculture sectors (mainly farming and forestry) and the manufacturing industry. Uruguay has a very favorable legal framework to promote investments. In addition to new regulations to Law 16.9062, two other laws were passed with the aim to boost investments in infrastructure in 2011, which is absolutely necessary for Uruguay's sustainable economic growth. On the one hand, the “Law on Public-Private Partnerships” which aims to carry out infrastructure, road, rail, port, airport, energetic infrastructure, waste treatment and social infrastructure works (such as prisons, health centers, educational centers, among others.). On the other hand, the “Law on Social Housing”, which promotes private investment in affordable housing through the granting of tax exemptions. These laws were designed specially to boost the private sector, fulfilling the agility and transparency requirements that ensure clear rules for investors. Despite the complex international scenario, FDI flows are expected to continue growing in the region in the coming years. Likewise, we expect Uruguay to continue to be immersed in this process and continue to attract productive investments. The undertakings in Uruguay- in particular the construction and operation of Montes del Plata cellulose plant and the Aratirí mining project- ensure a sustainable investment flow for the following years. Likewise, the existence of other important projects-such as the Deep Water Port, Regasification Plant, and an eventual third cellulose plant- also ensure excellent perspectives for Uruguayan investment in the medium term. However, it is necessary to continue to improve the legal framework to promote investments and the investment climate in our country. 1 2 This is the last data available from the central Bank of Uruguay (CBU) up to the date of completion of this report. Investment Promotion and Protection Law. 3 URUGUAY XXI Investment and Export Promotion Agency II. FDI in Latin America Over the last decade, Latin America has been consolidating as an important region for Foreign Direct Investment (FDI) attraction. According to the last report submitted by the Economic Commission for Latin America and the Caribbean (ECLAC)3, the FDI flows towards the region in 2011 registered an increase of 31% compared to 2010, reaching US$ 153.45 billion. Latin America and the Caribbean (LA&C) was the region with the highest FDI attraction growth rate with a 10% participation in total global investments. According to the ECLAC forecast for 2012, the region will continue to be an attractive localization, maintaining FDI inflows of around US$ 150 billion. The underlying reason for such dynamism is to have taken advantage of domestic markets as a consequence of the economic growth in the South region - the high price for raw materials that spurred investments in natural resource extraction and processing and an increase in outsourcing of manufacturing activities and business services by developed countries. On the other hand, the growth of emerging economies has revealed an increase in investments from these in to other nations who are also emerging. South America has shown an outstanding performance as the sub-region’s major recipient, with a participation of 80% of the total FDI, with Brazil accounting for over half of the FDI inflow. Furthermore, other Latin American countries achieved historical records; such is the case of Chile (US$ 17.2 billion), Colombia (US$ 13.24 billion) and Uruguay (US$ 2.61 billion)4. The FDI sectorial destination varies according to countries of destination. In South America, companies invest mainly in natural resources, with the exception of Brazil which has the manufacturing industry as main destination with a focus on the metallurgical industry and food and beverages. Alternatively, Mexico, Central America and the Caribbean’s major FDI is in the services and manufacturing sector. In the following chart Latin America’s main FDI origins can be observed for the accumulated period 2006-2010 and the year 2011. Netherlands is the main investor (accounting for 21% of 5 the total FDI) , followed by the United States (18%), Spain (14%) and Japan (8%). An interesting fact worth mentioning is the increase of investments from Asia in 2011. In effect, 9 of the 10 major cross-border mergers and acquisitions carried out by foreign companies were Japanese and Chinese. 3 Foreign Direct Investment in Latin America and the Caribbean, 2011. At the time of preparing the report of ECLAC, FDI attracted by Uruguay reached a total of US$ 2.52 billion. This amount was later revised by the Central Bank of Uruguay to US$ 2.61 billion in 2011. 5 Due to its status as a hub for investments carried out from foreign countries. 4 4 URUGUAY XXI Investment and Export Promotion Agency Chart II. 1 – FDI in Latin America per country of origin (% share) Others 38% 20% The Netherlands 7% USA 21% 23% 18% Spain 9% Latin America 9% Japan 14% 9% 3% United Kingdom 8% 4% Canada 4% 5% China 4% 2% 40% 20% 1% 0% 2006-2010 20% 40% 2011 Source: URUGUAY XXI based on ECLAC Uruguay appears in the list among the major FDI attracting countries in the region over the past few years. Brazil is the main FDI recipient in Latin America, followed by Mexico and Chile. Colombia and Venezuela have also attracted greater FDI flows by 92% and 339% respectively compared to 2010. The rise in FDI received by Colombia is driven by the investments carried out in the natural resources sector, particularly mining and oil as well as investments in the trade and transport and telecommunications sector6. Moreover, the surge recorded in Venezuela corresponds to reinvested earnings and inter-affiliate loans in the oil sector and financial activities. Chart II. 2 – Main FDI recipients in the region (In billions of US$) 50 45 40 35 30 25 20 15 10 5 0 2010 2011 Source: URUGUAY XXI based on ECLAC 6 Some of the main investments carried out in Colombia: Itochu, acquisition of assets of mining company Drummond (US$ 1.52 billion); BHP Billiton y Xstrata, expansion of coal mines (US$1.30 billion); DHL, logistic center (US$ 1.30 billion). 5 URUGUAY XXI Investment and Export Promotion Agency Comparing the FDI in terms of GDP of different countries of Latin America and the Caribbean, it can be observed that in 2011 the Uruguayan FDI accounts for almost 6% of GDP. Such figure not only shows the significance of FDI in our country but also positions us as one of the major investment flow recipients in the region, in relative terms, with a significantly larger percentage than other Mercosur member states. Chart II. 3 – FDI in South America (GDP %) – 2011 Chile 7.1% Uruguay 5.6% Peru 4.3% Brazil 4.1% Colombia 4.1% Paraguay 2.4% Argentina 1.2% 0% 2% 4% 6% 8% Source: URUGUAY XXI based on Central Banks of each country 6 URUGUAY XXI Investment and Export Promotion Agency III. FDI in MERCOSUR In the last decade, the flows of FDI into MERCOSUR have follow an upward trend, registering in the period 2001-2011 an average growth rate of 21%. This dynamism has determined an important increase of the MERCOSUR’s share in global FDI flows. In 2010, the share of FDI attracted by MERCOSUR reached the maximum value in the last 10 years, 5% of total global FDI flows. In 2011, FDI in MERCOSUR exceeded the value recorded in 2010 by 31%, reaching a record high of US$ 76.58 billion, after the decrease in 2009 experienced as a result of the fall of global FDI. The volume of FDI relative to GDP increased, reaching 2.7% in 2011. This value was slightly below the maximum value reached in 2008. Chart III.1- FDI in MERCOSUR (US$ Millions and % of GDP) US$ billions 80 76.58 57.21 60 57.55 3,0% 2,5% 42.57 40 20 3,5% 26.03 25.00 22.64 21.23 18.94 12.24 31.77 2,0% 1,5% 1,0% 0,5% 0 2001200220032004200520062007 2008200920102011 0,0% 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Source: URUGUAY XXI based on ECLAC Over the past years there have been changes regarding the recipient countries of FDI in MERCOSUR. Brazil continues to stand as the largest recipient of FDI, with a share of over 80%. Argentina was the second recipient but Uruguay begun acquiring greater significance since 2005. In particular, in 2011 Uruguay’s share was 3% of the total FDI received by MERCOSUR. While Paraguay has also increased its participation over the last three years, its share is still around 1%. Regarding sectors, investment flows were mainly directed to natural resources, manufacturing and services. 7 URUGUAY XXI Investment and Export Promotion Agency Chart III.2- Distribution of FDI in MERCOSUR (%) 100% 80% 100% 1% 3% 80% 60% 60% 40% 11% 9% 40% 20% 20% 0% 0% 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Argentina Uruguay Paraguay Brazil 2002 Argentina 2011 Paraguay Uruguay Source: URUGUAY XXI based on ECLAC 8 URUGUAY XXI Investment and Export Promotion Agency IV. Evolution of FDI in Uruguay In recent years Uruguay has positioned itself as a reliable and attractive destination for foreign investors, thus multiplying FDI by eight in the last decade. In 2011 the levels of FDI flows in terms of GDP enabled Uruguay to position itself as the second largest recipient of investments after Chile, with 5.6%. Uruguay's FDI inflows have registered a growing behavior after the significant volume attracted in 2005; that was due to a strong investment associated to the setting up of a cellulose plant7. In fact, FDI in terms of GDP has increased from 2.8% during the 2001-2004 period to 6% during 2005-2011(on average). After the fall recorded as a consequence of the 2008 global financial crisis, in 2011 the FDI flow recorded its maximum historic value, US$ 2.61 billion. It is important to mention that in 2010 another important investments was carried out, once again associated to another cellulose plant8. This investment will have a strong impact in the FDI figures of following years. Likewise, as a consequence of the construction of the plant in 2012 and the beginning of operations in 2013, this investment will have an estimated impact in the Uruguayan GDP in the order of one percentage point in 2012 and 2013. Chart IV.1 - Uruguayan FDI (Millions of US$ and GDP %) US$ millions GDP % 3000 8% 2,614 2500 2,289 2,106 6% 2000 1,493 1500 1,415 4% 847 1000 500 1,529 1,329 297 194 416 332 0 2% 0% 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 I Sem 2012 Source: Uruguay XXI based on CBU Methodological Note: Uruguayan FDI information is gathered from Balance of Payments quarterly publications issued by the Central Bank of Uruguay (CBU) Financial Scheduling Department. Contributions of capital, profit reinvestment and net financing between headquarters and their branches or subsidiaries, as well as real estate investment in the seaside city of Punta del Este are included. As from 2003, direct investment estimations in the primary sector (land) are included. Such data allows identifying reverse investments, i.e. investments of subsidiaries in their own headquarters. 7 Investment made by Botnia (currently UPM) was approximately US$ 1.2 billion, which were ascribed to FDI between 2005 and 2006. 8 Investment made by Montes del Plata is estimated in US$ 1.9 billion in the plant and US$ 700 millions in land approximately. The plant will begin operations in the first quarter of 2013. This investment will be allotted to FDI in 2011, 2012 and 2013. 9 URUGUAY XXI Investment and Export Promotion Agency As shown in chart IV.I, since 2008, Uruguay has been experiencing a major growth with regards to foreign investment attraction, and from that year on receiving an average investment of over US$ 2.0 billion per year. On the other hand, Uruguay presents one of the highest ratios in the region when considering the FDI stock in relation to GDP. Particularly in 2011, the FDI stock reached a total of US$ 15.16 billion, which is equivalent to 32% of the GDP. This ratio is superior to the one recorded by Argentina (21.3%), Brazil (27.1%) and Colombia (20.3%), although it is inferior to Chile (63.6%). Table IV.2-Stock of FDI in Uruguay (Billion US$ and %GDP) Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 US$ Billions 1.41 1.82 2.11 2.84 3.90 6.36 7.90 10.67 12.58 15.16 FDI Stock /GDP 10.3% 14.9% 15.4% 16.4% 19.9% 27.1% 26.3% 35.0% 31.9% 31.8% Source: Uruguay XXI based on CBU 10 URUGUAY XXI Investment and Export Promotion Agency V. Uruguayan FDI per Country of Origin The main origins of Uruguayan FDI inflows are the countries from the MERCOSUR, Europe and NAFTA. At the start of the first decade of 2000, with the exception of 2001, investments in Uruguay came mainly from European countries, explaining more than one third of the amount of the received FDI. However, this situation changed in recent years. During the period 2006-2010 European participation dropped to 16%, subsequently the MERCOSUR became the main source of investments. This change in the origin of FDI is in line with the global trends regarding investment flows, in which developed countries are losing their prominent role and emerging countries are the ones who are investing more heavily, mainly in countries within the same region. In 2005 European countries were responsible for 80% of global FDI; in 2010 this percentage dropped to 36% and in contrast the participation of emerging countries went from 14% in 2005 to 25% in 20109. Chart V. 1 – Uruguayan FDI per country of origin 2001-2010 (% share) 100% 80% 55% 61% 60% 40% 14% 25% 20% 32% 13% 0% 2001 2002 2003 2004 MERCOSUR 2005 EUROPE 2006 2007 NAFTA 2008 2009 2010 OTHER Source: Uruguay XXI based on CBU After the significant decline in 2003 as a result of the regional crisis, MERCOSUR investments started to record a gradual recovery from 2004 until they reached a relatively stable level during the period 2007-2010 (about 35% of the total FDI), becoming the main source of foreign investment. Finally, in 2010 its participation reached 32% of the total FDI inflow. Argentina is the country with the highest incidence within the block. In 2010 its participation exceeded 80% of the total invested by the MERCOSUR. Note: Companies that were found to be unique to a country are included in "other sources” for the purpose of respecting statistical confidentiality. 9 Source: World Investment Report 2011, UNCTAD. The Central Bank of Uruguay has FDI data, by country and sector, available only up to 2010. 11 URUGUAY XXI Investment and Export Promotion Agency Argentina is the main origin of FDI in Uruguay and has historically been within the top three main sources of FDI received by the country, with an average participation of 23% during the period 2001-2003. Since 2006 the inflow of Argentine capital has been more intense, reaching record levels near US$ 600 million in 2010. The dynamism of recent years is explained mainly by investments in the agricultural sector and in real estate and hotels. Over 30 countries choose Uruguay as the main destination for their investments, Including; Argentina, Spain, England and Brazil Some examples of companies in the agricultural sector are, among others, Agroland: Agroindustrial Company with projects in the forestry, livestock, vine and olive producing sectors, and El Tejar, one of the main producers and exporters of commodities in the world with presence in Brazil, Bolivia and Uruguay. In the real estate sector, several companies have decided to invest in the country, basically in the construction of sumptuary towers in the seaside resort of Punta del Este and through the modality of “Condo Hotels” in Montevideo. In 2005, Brazil began to have more participation in the overall FDI flow received by the country, reaching in 2008 the maximum percentage of the period (9%). In 2009 and 2010 its participation decreases although it still remains within the top five main origins. In recent years, Brazilian capitals have been invested mainly in the agro-industrial sector seeking to complement their productive chains by acquiring major national companies. These acquisitions were carried out mainly in the meat, beverages, rice, chemical and plastic industries. In the meat industry Marfrig Group stands out, owning five meat processing plants and 51% of Zenda Leather tannery. For its part, the company Camil acquired the Uruguayan rice company SAMAN in 2007 for a total amount of US$ 160 million. In the beverage sector, the AB InBev10 group of Belgium, Brazilian and US capital, produces and markets the leading beer brands in Uruguay. In the chemical sector the acquisition of the American Chemical ICSA by the Brazilian group Ultrapar Participações S.A for a total amount of US$ 79 million is noteworthy11. In the plastic sector, LEB -a Uruguayan and Brazilian owned company- manufactures film stretch and PET pre-casts. With regards to investments from European countries, although they have slowly recovered after the drop recorded in 2006, they remain at levels below the first years of the period. Part of the explanation for this decline is the economic slowdown in some cases and even the recession in other cases. Spain is one of the main origins, despite having lost some relevance in recent years as a result of its delicate economic situation. In fact, during the period 2001-2010, it was the second origin of Uruguayan FDI with an average participation of 8%. In 2009 and 2010 the amount of FDI inflow dropped significantly reaching only 3% of the total FDI in 2010. The service sector, mainly contact centers, financial, construction and infrastructure are the ones that attract 10 Anheuser-Busch InBev (AB InBev) was formed through the acquisition of Anheuser-Busch (US owned-company) by InBev, which in turn was formed through the merger of AmBev (Brazilian owned-company) with Interbrew (Belgian owned-company). The company announced on June 29, 2012, that Anheuser-Busch InBev had entered into an agreement under which they would acquire the remaining stake in Grupo Modelo in a transaction valued at US$ 20,1 billion (at present AB InBev has an existing economic stake of more than 50% of Grupo Modelo). 11 At the time of preparation of this report said operation is subject to due diligence. 12 URUGUAY XXI Investment and Export Promotion Agency more Spanish capital. Within the service sector, two of the world's leading companies for customer service and Business Process Outsourcing (BPO), Atento and Avanza, chose Uruguay for the setting up of contact center platforms. In the financial services sector it is worth mentioning the acquisition of the local brand of ABN AMRO Bank by the Santander Bank for a total amount of US$ 250 million in 2008 and the purchase of the local subsidiary of Credit Agricole S.A by the BBVA for a total amount of US$ 125 million. Another important investment in the service sector relates to the Codere Group, the main referent in the private gaming sector in Europe and Latin America. In 2002, this group acquired through Hípica Ríoplatense S.A.12 the exploitation of Maroñas Racecourse in our capital city, betting locations and gaming machines for an investment amount of more than US$ 80 million. Subsequently, in 2009 the Codere Group added to its portfolio of activities, jointly with the French hotel chain Sofitel, the reconstruction and management of the Hotel Casino Carrasco in Montevideo, with an estimated investment of US$ 75 million13. In the construction and infrastructure sector, Teyma, a Spanish company incorporated as a subsidiary of the international company Abengoa, has established in Uruguay with different business units such as; construction, forest harvesting and urban waste management. Likewise, in 2011 Teyma was one of the companies that won the tender for the construction of a 50 MW wind farm, with an estimated investment of approximately US$ 100 million14. With regards to investments from NAFTA, there was a significant drop in 2010, recording a negative net flow. While in 2009 the FDI flow was of US$ 167 million, in 2010 it was of US$ -36 million. This was due to capital withdrawals from the United States (USA). In 2001 the U.S. was the second origin with a share of 25%, but in 2004 its share descended to 0.4%. However, in 2009 it regained its dynamism –representing 11%- but dropped again in 2010 presenting at that point capital withdrawal. Investments from the United States have as their final destination a wide range of sectors, with the services and industry sectors as the most significant ones. When analyzing the source of FDI we must highlight the recent dynamism of Asian capital. Although these sources are not directly identified by the CBU's15 statistics, important investments have been made by these countries. Countries like India, Japan, South Korea and China are responsible for major Greenfield16 projects in Uruguay within the secondary and tertiary sector. In the services sector, particularly in outsourcing, Tata Consultancy Services, India's leading company in BPO, consultancy and information services has established in Uruguay. TCS 12 Hípica Rioplatense S.A. is a group formed by Sociedad Argentina de Medios S.A. of the Latin American Association of Investment and CODERE. 13 The Municipal Government of Montevideo awarded the reconstruction and a 30-year concession of the Hotel Casino Carrasco to the consortium consisting of Codere, the Argentine company AGG, the Hotel chain Sofitel and other international investors. 14 Teyma and Inabensa form the stock company Palmatir which was assigned with the tender. 15 The Central Bank of Uruguay, for the purpose of respecting statistical confidentiality, includes these investments in “other sources” since these investments were made by companies that turnout to be unique for the country. 16 Greenfield projects are those that are carried out from zero. 13 URUGUAY XXI Investment and Export Promotion Agency Uruguay Global Delivery Center began operating in Uruguay in 2002 as the first center of the company in Latin America. The automotive industry has been one of the most attractive sectors for Asian investors. The Japanese group Takata has an industrial plant in Uruguay for the manufacturing of airbags in order to supply the assembly plant that operates in Brazil. It is also worth mentioning the presence of Yazaki, which was set up in 2006, producing auto parts and subsequently in 2010 expanding its production with the setting up of a second factory. In addition to these companies we must add the presence of Geely International, the largest private automotive company in China and the Korean company Kia Motors; they both entered into agreements with Nordex S.A Company for the manufacture of vehicles in Uruguay for the later exportation to member countries of MERCOSUR17. Chart V. 2 – Major countries of origin of Uruguayan FDI 2001-2010 (% share) 100% 80% 60% 40% 20% 0% 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 -20% Argentina England Brazil Spain Belgium Other Source: Uruguay XXI based on CBU Below we present the main origins of Uruguayan FDI for the year 2010, including Argentina, England, Brazil, Spain and Belgium as the top five origins representing 42% of the total FDI. 17 Geely International through an industrial corporation agreement with Nordex Uruguay invested in the construction of an assembly plant inside Nordex property. This work will be completed by early 2013. Kia Motors made an agreement with Nordex S.A for the assembly of the lightweight Bongo truck. 14 URUGUAY XXI Investment and Export Promotion Agency Chart V. 3 – Major countries of origin of Uruguayan FDI 2010 (% share) Argentina 26% England 6% Brazil 5% Spain 3% Belgium 2% Venezuela 2% Bahamas 2% France 2% Paraguay 1% 0% 10% 20% 30% Source: Uruguay XXI based on CBU 15 URUGUAY XXI Investment and Export Promotion Agency VI. Uruguayan FDI per Activity Sector At the time of analyzing which are the main sectors that receive foreign investments in our country, we can consider two different phases with regards to the dynamism of FDI18. On the one hand, the 2003-2006 period where agriculture, livestock and forestry were the sectors that attracted most investments –with an average share of 34%. Starting in 2007, the construction sector took this place with an average share of approximately one third of total FDI. Over half of the foreign capital inflows are concentrated on Agriculture, Livestock Construction and the Manufacturing Industry In the agriculture, livestock and forestry sector, the agriculture and livestock sub-sector was the one with the highest incidence in 2003 and 2004, while in 2005 and 2006 it was the forestry and timber extraction sub-sector, due to the strong development of the forestry sector in Uruguay. The growth of the construction sector was explained mainly by the construction and setting up of cellulose plants and the dynamism of real estate investment in Punta del Este. It is also worth mentioning the growth of FDI in the manufacturing industry during the period 2006-2009. In 2010, the industrial sector had already scaled down its participation significantly representing only 6% of FDI during that year. Within this sector, the main sub-sectors include the manufacture of food products and beverages, due to the strong investment inflows in the meat processing industry and in the agro-industries mentioned earlier and the manufacture of chemical substances and products. Finally, it is noteworthy the increase registered in the hotel and restaurant sector in 2010, with a US$ 206 million investment, thus occupying the third position in the ranking of the main sectors of FDI attraction. This behavior during the last couple of years has generated a change in terms of investment from the point of view of the institutional sector, as real estate investments increased to the detriment of investment in land. However, these two sectors together still represent near 40% of FDI inflows, while the remaining 60% belong to non-financial corporations. 18 Note: “Other origins” include those companies which resulted to be exclusive for a country for the purpose of respecting the data secret. 16 URUGUAY XXI Investment and Export Promotion Agency Chart VI.1- FDI in Uruguay per activity sector 2001-2010 (%share) 100% 80% 60% 40% 20% 0% 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 -20% Agriculture, cattle-raising and forestry Manufacturing Industries Construction Wholesale and retail commerce Hotels and restaurants Transport, storage and communications Financial brokerage Others Source: Uruguay XXI based on CBU In short, in recent years a strong process of productive FDI inflow has been taking place, they are mainly destined to the Construction, Agriculture and industrial sectors. Even though the origins of these investments have become more diversified, they continue to have an important participation in the region, particularly, Argentina. 17 URUGUAY XXI Investment and Export Promotion Agency VII. Legislation to Promote Investment and Business Climate in Uruguay Since 2007, the Uruguayan FDI phenomenon increased with the approval of Decree 45519 which regulates chapter III of the Investment Promotion and Protection Law (Law No. 16.906), generating an even more attractive and favorable environment for investment in the country. This law encourages productive investment through tax benefits granted to business that generate Corporate Income Tax, whatever the amount invested, sector or legal nature of the company. Favored investments are those that generate employment, increase exports, use cleaner technologies, invest on research, development and innovation, promote decentralization, or that score in diverse sectoral indicators. Currently, Decree 2/01220 is in force and encourages projects that produce quality employment (depending on the wage level), that employ groups with major employment issues, that promote entrepreneurship throughout the whole country (particularly in those departments that have fewer resources) or in Montevideo’s less developed neighborhoods, among others. In addition to the Investment Promotion and Protection Law, Uruguay has other several regimes that make the Uruguayan legal framework even more attractive for investments. These other regimes include, the Free Trade Zone Law21, Free Ports and Airports22, Industrial Parks23, Temporary Admission24, Bonded Warehouses25, Law on Public-Private Partnerships26, Law on Social Housing27 and specific regulations of each sector (see chart VIII.I). It is worth mentioning two advances in the Uruguayan regulatory framework aimed to attract and promote investments in infrastructure, which is absolutely necessary to sustain Uruguay’s economic growth process. On the one hand, the law on “Public-Private Partnership Contracts for the performance of infrastructure works and related services (PPP)” passed on July, 2011. With these new regulations the expectations are to be able to perform road, rail, port, airport, energetic infrastructure, waste treatment and social infrastructure works (such as prisons, health centers, educational centers, social housing, sports complexes, etc.). The following paragraph presents some of the projects that are already underway and others that are planned to be developed under the framework of this law. On the other hand, in August, 2011 the “Law on Social Housing” was approved, which also constitutes an attractive regulatory framework for foreign investments since it promotes private investment in social housing through the granting of tax exemptions. 19 November, 2007 February, 2012 21 Free Zone Law 22 Free Ports and Airports Law 23 Industrial Parks Law 24 Temporary Admission 25 Bonded Warehouses 26 Law on Public-Private Participation 27 Law on Accommodation for Social Interest Purpose 20 18 URUGUAY XXI Investment and Export Promotion Agency Box VII.I More Incentives... In the Investment Promotion System framework and with the purpose of energizing some sectors, the government has established tax incentives to companies carrying out activities related to certain specific sectors. Some of these sectors are: Renewable Energies 28: activities such as power generation from non-traditional renewable sources, electrical power generation through co-generation, transformation of solar power in thermal power, national manufacturing of machines and equipment destined to the activities mentioned above, among others. Shipping Industry and Electronics Industry29: ship and water vehicle building, maintenance and repair activities fall within the shipping industry. With respect to the electronics industry, activities such as production of electronic and electric equipments, logic controls, computers, telecommunication equipment, measurement instruments, medical equipment and domestic appliances are promoted. Remote customer service centers30: activities such as services rendered by telemarketers receiving or making phone calls, Internet messages and other kind of communication channels. Condominium Hotels31: destined to offer lodging services in order to attract the tourism demand. Tourism32: investments related to civil works corresponding to Tourism Projects, including activities destined to offer lodging, cultural, commercial, congress, sports, recreational, amusement or health services or investments related to the acquisition of goods destined to fitting out Tourism and Hotel Projects, Apart Hotels, Motels and Tourism Farms. Machinery and Agricultural Equipment Manufacturing33 Another aspect that enables investors to consider Uruguay as a great destination to invest, has to do with the excellent business climate, evidenced by the outstanding position of the country in various international rankings. Among them, Uruguay is first in the Economic Climate Index in Latin America -elaborated in partnership by the Brazilian Institute of Economics at the Getulio Vargas Foundation and the Institute of Economic Research at the University of Munich (January 2012). Also, according to the latest Doing Business 2012 report prepared by the World Bank, Uruguay climbed 17 positions for its favorable business climate in terms of doing business, standing at the 90th position among 183 analyzed countries . Also, the guarantee of free convertibility of profits to foreign currency and the absence of barriers in terms of capital movements are key elements that foreign investors value when setting up in Uruguay. 28 29 30 31 32 33 Decree Nº 354/009 and General operating basic criteria of the COMAP Decree Nº 532/009 and subsequent modification Decree Nº 127/011 and Decree Nº 58/09 Decree No. 207/008 and subsequent modification Decree Nº 379/011, Annex VII Decree No. 04/010 and subsequent modification Decree Nº 59/012, Annex X Decree No. 175/003 Decree No. 6/010, subsequent Decree Nº 6/010 and General operating basic criteria of the COMAP 19 URUGUAY XXI Investment and Export Promotion Agency Finally, the business environment of the country has become more attractive after the recovery of its Investment Grade (IG). Standard & Poor's granted Uruguay with this rating in April, 2012 followed in July by the credit-rating agency Moody´s34. This reflects the confidence generated by the institutional framework of the country and the conduct of economic policy, with a very organized management of the macroeconomic policy. This has several implications for Uruguay. Worth mentioning are: the expansion of potential investors, both for financial investment (purchase of Uruguayan public securities and Uruguayan private companies securities) and for productive investments, as well as better financing conditions for our country, both in installments as well as in fixed rates. Likewise, the improvement of the Uruguayan credit-rating begins to expand to Uruguayan private and public companies which also achieve the investment grade35. 34 The rating granted by Standard & Poor´s is BBB- and Baa3 by Moody´s (July 2012). In July 20, 2012 the Japanese organization Rating and Investment Information upgraded Uruguay`s rating to BB+ with a stable outlook. 35 In particular, the Banco República improved the rating of its foreign currency deposits over the short and long term, both at global and national level. 20 URUGUAY XXI Investment and Export Promotion Agency VIII. Main Investment Projects in Uruguay As mentioned earlier, the regulations and business climate that Uruguay has been developing is showing results measured by the growing number of investment projects of great importance, some of which are of significant relevance to the future growth of the country. Below are some of the main projects in progress and others which are planned for the future36. Public-Private Partnership Projects – PPP Law (Nº 18.786) • National Road Network- Road Corridor 21 and 24 (in progress)37. • Prison Facility (in progress)38. • National Road network (other six road corridors for an estimated amount of US$ 1.0 billion, (future). • Rail Network (four railway branch line circuits, future). • Deep Water Port (under study)39. The Government has recently approved the recommendations contained in the report of the inter-ministerial Commission for the study of the Deep Water Port (CIPAP) - created for the analysis of technical, environmental, economic and legal aspects regarding the construction of the deep water port in Rocha - and enabled the Commission to promote and to monitor the necessary processes for the development of the port through the PPP Law40. For this purpose, on August 13 the Government opened a tender for interest in participating in the Data Room concerning the design, construction, operation and financing of the project. It is expected that by the end of 2012 the Government will make a public international call for tender in order to participate in the competitive dialogue. This process takes six months, time at which the call for tender, evaluation and subsequent adjudication and contracting will take place. Works are expected to begin in 2014 and the estimated investment is between US$ 800 million and US$ 1.0 billion. The port will be multipurpose with a carrying capacity of vessels of up to 20,000 tons. For its construction, the CIPAP developed a plan in stages. During the first stage an initial breakwater will be built for the development of grain activity for minerals and cereals, enabling an initial protection zone for the mooring of vessels, and the terminal may begin to operate with an initial investment of nearly US$ 400 million. The next stage would be the construction of a second breakwater that will generate a broader protection area and that will allow the establishment of more berthing lines for liquid bulk cargo. 36 Source: Uruguay XXI based on secondary sources, news, sites, among others. The list is not exhaustive. Source: Ministry of Economics and Finance 38 Source: Ministry of Economics and Finance 39 Source: Presidency and “El País” newspapers 40 Decree 195/1 37 21 URUGUAY XXI Investment and Export Promotion Agency • LNG Regasification Plant (under study)41. On August 16, the Government submitted the international bidding documents for the construction of a Liquefied Natural Gas Regasification Plant and by the end of September proposals from companies will be received. There will be three additional calls, one for the dredging of an access channel to Puntas de Sayago to enable the mooring of vessels that transport the LNG. Another, for the work that will involve the construction of floating installations, deposits and a breakwater as well as a gas pipeline that will link the floating plant with the ground facilities and another one for the LNG contract. The established contract is a Boot type contract modality in which the company is responsible for the construction and operation of the plant and after a specific period of time it transfers ownership to the State. In the case of the Regasification plant, the company charges a fee for the operation of the plant and in a 15-year period the company transfers the plant back to the State. The plant will have a capacity of 10 million cubic meters. The estimated investment will be of US$ 900 million. • Trade Ports (in progress)42: Puntas de Sayago Port (future). The institutional project foresees the creation of a Logistics Port located on 103 hectares of land in Puntas de Sayago coastal zone, near the Port of Montevideo. The project expects the operation of a free port, free zone and an industrial pole. Last May, the call for tenders was launched for the first 10 hectares of the project that will be used for transit cargo warehouses from and to Montevideo. Other projects Convention Center “El Jaguel” –Punta del Este (under study)43. On August 28th an international call for tenders was opened for the construction and management of the Convention Center and Fairgrounds in Punta del Este for a total concession period of 19 years. Those interested will we able to present their projects within a period of 90 days. The construction will start in 2013 and will be operating in 2014. The estimated investment will be of US$ 23 million. The Convention Center will have a plenary session room with capacity for 2,600 people and 4 rooms for up to 300 people each. The Exhibition Center that will have more than 6,000 m2. • • Housing Projects (Law Nº 18.795). Law 18.795 promotes investment in social housing through the granting of tax exemptions to investors, and subsidies to buyers or tenants44. This law will enable, in the coming years, the construction of medium-size and affordable towers go from 50.000 m2 per year to 150.000 m2 per year45. Since the adoption of the law, there have been 78 projects submitted of which 46 have already been promoted. According to estimates from the National Housing Agency, it is expected that by 2013 accumulated investments promoted by this law will reach US$ 180 million. 41 Source: Presidency Source: Presidency 43 Source: The National Development Corporation 44 Source: National Housing Agency 45 Source: Julio Villamide “La situación del mercado en la actual coyuntura internacional” - Julio Villamide 42 22 URUGUAY XXI Investment and Export Promotion Agency Private Projects • Aratirí Mining: Aratirí is a firm created by Zamin Ferrous group dedicated to the prospecting, exploration, extraction, processing and export of iron ore in Uruguay. The productive, industrial and logistic project of Aratirí would enable the exploitation of the Valentines deposits for 20 or 30 years. The project consists of five components: Mining complex, 46 beneficiation plant, concentration pipeline and a port terminal . The required investment will be approximately US$ 3.0 billion. Between 2006 and 2011 the company has already invested US$ 170 million in research and development. • Third Cellulose Plant (under study)47. The government recently announced the installation of a new cellulose processing plant in Cerro Largo or Durazno. The construction will begin in 2016 and is expected to work by the end of 2018. • Cement Plant48: The construction of a new cement plant is expected to be operating by 2014 in the department of Treinta y Tres and will produce 750,000 tons. The required investment will be US$ 160 million, this investment will be divided between three companies; the Cementos Artigas (60%), the Brazilian Group Votorantim (20%) and Ancap (20%). 46 Source: www.aratiri.com.uy/institucional Source: “El País” newspaper 48 Source: Presidency 47 23 URUGUAY XXI Investment and Export Promotion Agency IX.Perspectives for Uruguayan FDI The complex international scenario, mainly due to the critical situation of European economies and the scarce growth of the United States, generates uncertainties and may reduce but not stop the flow of foreign investment. As shown by growth projections, emerging countries are the ones who will boost global growth in coming years. This trend will be accompanied by a larger attraction of investment flows from developed countries and also from emerging countries, which have in turn made an important progress in regulatory issues and in the improvement of their business climate. In this context, Latin America is a region that will have growth rates exceeding 4% in coming years, which shows a favorable outlook for this region, in a context where the global economy has experienced a slowdown. If we add to this situation the growing trend of investment inflows towards the region, it is likely to expect that FDI incomes will continue to grow in following years. According to ECLAC projections, FDI in Latin America will increase 8% in 2012 in contrast to 201149. In relative terms, Uruguay has been one of the main recipients of FDI in Latin America. FDI flows have increased significantly in recent years, with an annual average of US$ 2.0 billion since 2008. The most important projects that are in progress- in particular the construction and operating of Montes del Plata cellulose plant and the Aratirí mining project- ensure a sustainable investment flow for the following years that will consolidate a decade of strong foreign investment income. Despite the complex international scenario, the FDI flows are expected to continue to grow towards the region in upcoming years. Likewise, we expect Uruguay to continue to be immersed in this process and continue to attract productive investments. In order for this to happen, it is necessary to continue to improve the legal framework to promote investments and the investment climate in our country. 49 “Foreign direct Investment in Latin America and the Caribbean”. ECLAC (2011). 24
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