MOZAMBIQUE: 2005 INVESTMENT CLIMATE STATEMENT

UNCLAS SECTION 01 OF 09 MAPUTO 000115

SIPDIS
STATE FOR AF/S - TREGER AND EB/IFD/OIA - HATCHER
JOHANNESBURG FCS FOR RDONOVAN, JVANRENSBURG
USDOC FOR RTELCHIN
MCC FOR SGAULL
PASS USAID FOR AA/AFR AND AFR/SA
E.O. 12958: N/A
TAGS: ECON EINV EAGR ETRD BTIO BEXP EAID KTDB MZ USTR OPIC
SUBJECT: MOZAMBIQUE: 2005 INVESTMENT CLIMATE STATEMENT

REF: 04 STATE 250356

The following is Embassy Maputo's Mozambique Investment
Climate Statement 2005.

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Mozambique Investment Climate Statement 2005
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Chapters:
--Overview
--Openness to Foreign Investment
--Conversion and Transfer Policies
--Expropriation and Compensation
--Dispute Settlement
--Performance Requirements and Incentives
--Right to Private Ownership
--Protection of Property Rights
--Transparency of the Regulatory System
--Efficient Capital Markets and Portfolio Investment
--Political Violence
--Corruption
--Bilateral Investment Agreements
--OPIC and Other Investment Insurance Programs
--Labor
--Foreign Trade Zones/Free Trade Zones
--Infrastructure
--Foreign Direct Investment Statistics

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Overview
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Mozambique has emerged from its conflict-torn past to
become one of the most rapidly growing economies in
Sub-Saharan Africa. Mozambique's macroeconomic reforms and
success in attracting large investment projects have given
the country an average GDP growth rate of eight percent
from 1992-2004, the highest in Africa over this time
period. In the past, political risk, corruption,
bureaucratic red tape, dilapidated infrastructure, and the
relatively small size of the market served as strong
deterrents to foreign investment. Many of these issues
remain concerns for investors, but the investment climate
continues to improve. The government's policy of granting
management concessions and allowing the privatization of
transportation networks is both encouraging more outside
participation in the Mozambican economy as well as opening
up areas of the interior for investment. The donor
community has provided substantial funding to improve the
country's infrastructure. In particular, USAID has
assisted the government to develop and rehabilitate
important roads, bridges, and rail lines. Although
Mozambique has attracted several large investments, there
is still much room for improvement in streamlining the
permit process and creating a more investment-friendly
business climate. Small and medium-sized enterprises (SME
s) struggle to start up and operate in the current business
environment. The private sector and donors have encouraged
the government to begin a process of commercial, financial,
and labor reform to address current business and investment
obstacles. The government has responded by proposing
policies, in coordination with the private sector, that
could improve the investment climate significantly over the
next several years. There remains significant scope for
additional reforms in the mid- and long-term, especially in
the implementation of these new policies and laws.

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Openness to Foreign Investment
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Mozambique encourages foreign direct investment. The CPI,
the government's Investment Promotion Center, has been
active in bringing investors into Mozambique and should be
a potential investor's primary contact with the
government. The CPI is particularly interested in
increasing investment in the central and northern regions
of the country in order to decrease large regional
development imbalances.
Investment Promotion Center (CPI)
Mahomed Rafique Jusob, Director
Rua da Imprensa, 332 (Ground Floor)
Caixa Postal 4635, Maputo
Tel: (258) (1) 31-33-75, 32-24-57
Fax: (258) (1) 31-33-25
Internet: http://www.mozbusiness.gov.mz, or www.cpi.co.mz
Foreign investment in Mozambique is governed by the Law on
Investment, No. 3/93 of June 24, 1993. Additional
amendments were passed in Decree No. 14/93 on July 21, 1993
and Decree 36/95 on August 8, 1995. The law and amendments
generally do not make distinctions based on investor
origin, nor limit foreign ownership or control of
companies. Lengthy registration procedures can be
problematic for any investor -- national or foreign.
Working with a local consulting firm or partner familiar
with the requirements will facilitate the registration
process. The "Doing Business in 2004" report by the World
Bank identifies Mozambique as one of the most difficult
countries to start a business. Entrepreneurs can expect
numerous bureaucratic hurdles that must be overcome
sequentially to launch a business. In 2004 the average
time to open a business was 153 days, although recent
discussions with local businesspeople indicate the whole
process might be moving slightly more quickly. The
government hopes in 2005 to shorten the period 60 days.
Donors are assisting this effort. In general, large
investors receive much more support from the government in
the business registration process, while small and
medium-sized investors endure lengthy, bureaucratic delays.
The CPI will assist foreign investors in obtaining
licenses and permits. To date Mozambique's privatization
program has been relatively transparent, with open and
competitive tendering procedures in which both foreign and
domestic investors have participated. Most remaining
parastatals are in public utilities, making their
privatization more politically sensitive. While the
Government has indicated an intention to take on partners
for most of these entities, progress has been slow.
Government authorities must approve all foreign and
domestic investment. The CPI handles the approval process
for foreign investors. The investment approval process is
automatic within 10 days, if no objections are voiced by:
1) the relevant ministries; 2) the provincial governor for
investments under $100,000; or 3) the Minister of Planning
and Finance for investments between $100,000 and $100
million. The Council of Ministers must review investments
over $100 million and those involving large tracts of land
(5,000 hectares for agriculture, 10,000 hectares for
livestock or forestry projects). The Council has 17
working days to voice an objection before approval becomes
automatic. The government has not used screening
mechanisms to limit investment or protect domestic
industry.

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Conversion and Transfer Policies
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Access to foreign exchange was greatly liberalized by the
passage of a new Exchange Control Regulation Law, No. 3/96,
promulgated on January 4, 1996. Foreign exchange retention
accounts are permitted for 100 percent of foreign exchange
earnings, without formal justification. These may be used
to purchase imports. Investment registration and
repatriation application procedures must be followed to
repay foreign loans and for the repatriation of invested
capital, profits, and dividends in amounts greater than
$5,000. Application procedures include the presentation of
audited accounts and registration through the CPI. A
repatriation certificate is then issued from the Central
Bank.
Debt servicing also requires a letter from the Central Bank
indicating bank approval at the time of the loan. Delays
are uncommon beyond those typical for administrative
processing in a developing country.

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Expropriation and Compensation
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Private property was nationalized throughout Mozambique in
1975, following independence from Portuguese colonial
rule. After Mozambique's turn away from socialism in the
1980s, citizens had a period of time to reclaim residential
property. The government retained commercial property, and
later sold it off as part of its privatization efforts.
All but a handful of religious properties that were
nationalized have been returned; negotiations are ongoing
for the rest. There have been no significant cases of
nationalization since the adoption of the 1990
Constitution. According to Mozambican law, "When deemed
absolutely necessary for weighty reasons of national
interest or public health and order, the nationalization or
expropriation of goods and rights ...shall (result in the
owner being) entitled to just and equitable compensation."

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Dispute Settlement
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The current commercial code in Mozambique dates from the
colonial Portuguese code of 1888 and does not provide an
effective basis for modern commerce or resolution of
commercial disputes. A much-needed reform of the code is
in process, but progress has been slow.
The judicial system in Mozambique is largely ineffective in
resolving commercial disputes. Instead, most disputes
among Mozambican parties are either settled privately or
not at all. The business community is still so small that
a commercial dispute or accusation of illegal activity can
seriously damage one's reputation. In February 1999 the
National Assembly passed alternative dispute resolution
(ADR) legislation. Two ADR facilities, supported by USAID
and run by the Center for Commercial Arbitration,
Conciliation, and Mediation (CACM) -- one in Maputo and the
other in the north in Nampula City -- offer commercial
arbitration and are functioning successfully. CACM does
not deal directly with labor issues, however. For disputes
between international and domestic companies, the law
closely follows UNCITRAL, the United Nations Commission of
International Trade Law. For domestic arbitration, the law
is formulated to cover potentially a wide range of
disputes, including non-commercial ones. Mozambique
acceded in mid-1998 to the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards.

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Performance Requirements/Incentives
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Mozambique generally is in compliance with WTO TRIMS
obligations. A variety of tax incentives exist to
encourage direct foreign investment, which vary according
to the region of the country and the nature of the
investment but often include a 50 to 80 percent reduction
in industrial and supplemental taxes. Customs exemptions
are possible for the importation of capital equipment and
raw materials. To qualify, a minimum investment of $50,000
and pre-approval from the CPI are required.
The government grants special fiscal, labor and immigration
arrangements to companies operating in designated Rapid
Development Zones. Rapid Development Zones include the
whole of Niassa Province, Nacala District, Ilha de
Mocambique, Ibo Island, and the Zambezi river valley.
Investments in these zones are exempt from import duties on
certain goods, from real property transfer tax, and are
granted an investment tax credit equal to 20% of the total
investment (with a right to carry forward for five years).
Specific performance requirements are built into mining
concessions and management contracts, and sometimes into
the sale contracts for privatized entities. Investments
involving partnerships with the government usually include
milestones that must be met for the investor's project to
continue.
The process of obtaining visa and related work permits in
Mozambique is lengthy and overly bureaucratic. The
Ministry of Labor must approve the employment of
foreigners. Once the Ministry approves an application, a
DIRE (a work permit/identification card),is issued by the
Ministry of the Interior (Immigration Department).
Assistance through a local lawyer, consulting firm, or an
individual familiar with the process will facilitate
obtaining a work permit.

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Right to Private Ownership
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The legal system recognizes and protects property rights to
buildings and movable property. Private ownership of land,
however, is not allowed in Mozambique. The government
grants land-use concessions for periods of up to 50 years,
with options to renew. The government at times has granted
overlapping land concessions. Essentially, land use
concessions serve as proxies for land titles. Land surveys
are being carried out throughout the country to enable
individuals to register their land concessions. This
process is moving slowly and will not provide any real
legal protection to an investor for some time to come. Use
of leases as collateral is still not allowed because of
lack of adequate land records. The Mozambican banking
community uses mortgages on items other than land.

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Protection of Property Rights
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The inefficient nature of the Mozambican judicial system
makes protection of such rights extremely problematic.
Intellectual property right infringement is not a
significant problem for US companies due to the small size
of the Mozambique market. However, trade in pirated copies
of audio, videotapes, DVDs and other goods does occur. The
law guarantees the security and legal protection of
industrial property rights, copyrights, and other related
rights. The National Assembly passed a new copyright and
related rights bill in 2000. This bill, combined with the
1999 Industrial Property Act, brought Mozambique into
compliance with the WTO Agreement on the Trade Related
Aspects of Intellectual Property Rights (TRIPS).

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Transparency of the Regulatory System
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Regulations governing businesses are antiquated and may be
contradictory, and therefore a new commercial code is
urgently needed. Bureaucracy associated with all aspects
of doing business in Mozambique remains a serious problem.
Investors face a myriad of requirements for permits,
approvals, and clearances, all of which take a significant
amount of time and effort to obtain. Bribes are often
requested or offered to facilitate transactions. The
government is aware of the problem and has launched a
donor-funded effort to streamline procedures across the
board. The Ministry of Justice is working to combine
proposed government and private sector drafts of a new
commercial code. The new code is not likely to reach the
National Assembly until 2006.
Regulations in the areas of labor, health and safety, and
the environment routinely are not enforced. However civil
servants have threatened at times to enforce antiquated
regulations that remain on the books to obtain favors or
bribes.

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Efficient Capital Markets and Portfolio Investment
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Mozambique has a small capital market of ten commercial
banks. The banks all compete vigorously for clients and
deposits. Access to credit for the private sector remains
difficult and expensive -- interest rates for loans often
fall between 24 and 28 percent per year. Access to capital
in the rural areas is constrained by the fact that land
leases cannot serve as collateral. Various development
agencies, such as the Aga Khan Foundation, offer
micro-credit financing programs to fill this need, albeit
at high rates. The lack of a rural credit market has
inhibited the spread of financial institutions beyond
Maputo. Small cities often have one bank, offering
prohibitively high interest rates to a captive market. The
tiny stock exchange, founded in October 1999, lists shares
in one company (a local brewery named Cervejas de
Mocambique) and five government bonds.

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Political Violence
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There were few incidents of localized violence prior to the
2004 general elections. RENAMO supporters complained of
intimidation and arbitrary arrests during the December 1-2
voting. In May 2004 many opposition parties and FRELIMO
subscribed to an electoral code of conduct, which was
generally upheld during the campaign and the elections.
Although not legally binding, the code committed the
parties to avoiding acts of violence during the campaign
and election.
Labor unions are becoming more vocal, but still do not have
the financial and institutional capacity to be very
effective. Protests rarely turn violent. As in many
capital cities, crime is problematic in Maputo. Home
assaults, car jacking, and highway robbery are the most
prevalent forms of violent crime. Such acts have been on
the rise over the past few years, but have not reached the
same proportions as in neighboring South Africa.

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Corruption
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Corruption is a serious problem in Mozambique.
Bribe-seeking activity by officials is commonplace. Senior
officials often have conflicts of interest between their
public roles and their private business interests. Bribery
is considered a criminal offense in Mozambique. Political
declarations repeatedly have been issued denouncing corrupt
practices and promising actions against the guilty.
However, such actions have been extremely slow in coming.
Investigations rarely result in convictions, unless the
accused has relatively minor status in society, while
senior officials are seldom, if ever, investigated. The
media is unafraid to report on corruption, however.
Over the past three years the United States has been the
lead donor in providing assistance to the government to
fight corruption. With US resources, the government set up
an Anti-Corruption Unit in the Office of the Attorney
General, charged with investigating and prosecuting
corruption-related crimes. The National Assembly passed a
new anti-corruption bill in 2004 that updates previous
antiquated legislation. Civil society has become more
vocal on corruption-related issues, with some support from
the US government. One U.S.-supported NGO, Etica
Mocambique, is quite active in pressuring the government to
act against corrupt practices. Etica runs a civic
education campaign to help citizens identify and protect
themselves against corrupt officials or activities. Among
other achievements Etica has established several corruption
reporting centers, which give citizens free legal advice,
and a mechanism for discreetly reporting corruption-related
crimes to the Attorney General's office.
Mozambique is a signatory to the United Nations Convention
Against Corruption.

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Bilateral Investment Agreements
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In December 1998 Mozambique negotiated a Bilateral
Investment Treaty (BIT) with the US. The U.S. Senate
ratified the treaty in November 2000, followed by the
Mozambican Council of Ministers in December 2004. The BIT
is expected to come into force early in 2005. Mozambique
has also signed bilateral investment agreements with South
Africa, Portugal, Zimbabwe, Mauritius, France, Italy,
China, Egypt, Indonesia, Algeria, Switzerland, Germany, the
Netherlands, Sweden, Denmark, the UK and Cuba. South
Africa is Mozambique's biggest trading partner and the
largest source of foreign investment. Since 1995
Mozambique has engaged in regular discussions with South
Africa to harmonize trade regulations and facilitate
cross-border trade and investment. Other countries with
investment in Mozambique include Portugal, Japan and Great
Britain. The United States is a minor trading partner and
has modest investments.

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OPIC and Other Investment Insurance Programs
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The Overseas Private Investment Corporation (OPIC) has
provided financing to two ongoing projects in Mozambique -
the privatization of transportation services along the
Nacala corridor (port and railway) and tourism development
on the coast.
Mozambique is a member of the Multilateral Investment
Guarantee Agency (MIGA),part of the World Bank Group.

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Labor
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The estimated work force is 9.2 million (out of a total
population of 18 million). In 2004 the government
increased the country's minimum wage by slightly more than
the 2003 inflation rate of 13%: the minimum wage for
industry, services, and the civil service rose by 14%, from
$41 to $47 per month; the minimum wage for agricultural
works rose by 15%, from $29 to $34 per month. Many work
several jobs to make ends meet and often grow corn and
vegetables on a small plot of land for personal
consumption. An estimated 81% of the labor force works in
agriculture, 6% in industry, and 13% in services.
Nationwide literacy levels are estimated at 47 percent
(2002 World Bank figure),with urban centers accounting for
the majority of literate adults.
Labor unions created during the socialist years of the
1970s and 1980s remain strong and are asserting greater
independence from the ruling party, FRELIMO. Total
membership among Mozambique's fourteen unions is close to
200,000. A major concern for the unions is the minimum
wage. Another important matter for the unions is the
privatization and/or restructuring of state-owned
enterprises, which often lead to layoffs of union
employees. Labor unions are exerting considerable pressure
on the government to maintain extremely pro-worker
provisions in new labor legislation expected in 2005.
Potential investors should be aware that they could incur
costly financial liabilities related to severance payments
and other benefits. It is essential to obtain reliable
legal counsel on labor code requirements.

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Foreign Trade Zones/Free Trade Zones
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The government is anxious to see industrial free zones
(export processing zones) take hold, and Decree no. 61/99
of September 21, 1999, supports this. These regulations
established an Industrial Free Zone Council, which approves
companies as industrial free zone enterprises, thereby
providing them customs and tax exemptions and benefits.
There are two essential requirements for Industrial Free
Zone status: job creation for Mozambican nationals and the
exportation of at least 85% of annual production.
Industrial Free Zone developers enjoy an exemption from
customs duties, VAT, and Specific Consumption Tax on the
importation of construction materials, machinery,
equipment, accessories, accompanying spare parts, and other
goods destined for the establishment and operation of the
Industrial Free Zone. The processing of cashew nuts, fish,
and prawns are not acceptable industrial free zone
activities. Free zone concessions are granted for a
renewable period of 50 years. Mozambique's big commercial
success stories, such as MOZAL and SASOL, operate in
industrial free zones.

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Infrastructure
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While there has been significant investment in
infrastructure to repair damage of the civil war and the
devastating floods of 2000, progress is still somewhat
uneven. Many larger cities have relatively well-developed
transportation, energy, water, sanitation, and
telecommunication systems, while large sections of the
country have few or none of these systems in place. This
can be a challenge for an investor, especially in rural
areas. Some investors should consider that they might need
to provide and maintain their own infrastructure (roads,
power, water, sewage) with little local help, since no one
with required technical skills may be available.

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Foreign Direct Investment Statistics
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Foreign Direct Investment -- The government established the
Investment Promotion Center (CPI) in 1985. From January 1,
1990 through December 31, 2003 a total of 1,852 projects
were approved under the law of investments, creating an
estimated 225,835 jobs and totaling USD13 billion in
investment. Foreign direct investment accounts for USD 3.3
billion of this amount, USD 872 million represents national
direct investment, and the remainder consists of loans,
reinvestments, and subsidies. (All statistics cited here
are from the CPI.)
Maputo province attracted the largest amount of investment
in 1990-2003, totaling USD 2.2 billion. Gaza, Nampula,
Sofala, and Zambezia provinces ranked next, at USD 510
million, USD 158 million, USD 116 million, and USD 102
million in investment, respectively. The investments went
to the following sectors: industry (USD1.7 billion),
minerals and energy resources (USD 631 million),
agriculture and agro-industry (USD 260 million),banking
and insurance (USD 237 million),and tourism and hotels
(USD 209 million).
The CPI supplied the following data on foreign direct
investment for projects approved for the 1990 through 2003
period. The breakdown by province is as follows:
Province # Projects FDI USD mil. NDI USD mil. Total
?
Maputo 1,074 2,225 543 8,471
Gaza 80 511 15 1,290
Nampula 124 158 63 515
Sofala 167 116 51 493
Zambezia 86 102 82 482
Inhambane 91 97 13 186
Cabo Delgado 65 58 64 1,232
Manica 70 31 8 125
Tete 62 25 13 180
Niassa 20 1 14 44
Note: Total is the addition of FDI, NDI, and foreign
loans.
Projects approved for the 1990 through 2003 period were
established in the following sectors:
Sector # Projects FDI USD mil. NDI USD mil. Total
Industry 505 1,658 261 5,025
Mineral/Energy 24 631 21 1,496
Agr/Agro-Proc 353 260 124 1,359
Banking/Insur 40 237 138 409
Tourism/Hotel 182 210 133 1,648
Transport/Com. 185 157 89 1,698
Other 321 87 56 708
Construct/PWrk 131 60 27 491
Aquacul/Fish 111 44 22 278
Note -- The total figure above includes foreign loan
amounts, which are not shown.
In 2004 some 143 projects were approved, totaling USD 508
million (this includes FDI, foreign loans, and national
private investment). The sectors with the greatest level
of investment were: transportation and communications,
tourism and the hotel industry, and agriculture and
agro-processing. South Africa, Portugal, the United
Kingdom, Japan, and Ireland are the top five investors in
Mozambique since 1990, and together account for 81 percent
of all foreign investment. The U.S. accounts for only 1.4
percent. Mozambique's economy is small enough that one
large project still significantly sways investment
statistics. Investment statistics from 2004 forward will
need to take into account several new, large projects such
as the SASOL natural gas pipeline, heavy sands extraction
and processing (Moma Heavy Sands Project by Kenmare
Resources - Ireland and Corridor Sands by WMC - Australia),
and the Moatize mining project (Companhia do Rio Vale Doce
- Brazil).
Of the 143 projects approved in 2004, 105 of them involved
foreign investment valued at approximately USD 122 million
in total. The breakdown of FDI by country of origin is as
follows:
Year 2004 Investment
Country # Projects FDI USD Mil.
South Africa 2 59
UK 16 13
India 2 10
Portugal 14 6
Serbia and Montenegro 1 6
Malawi 4 5
Zimbabwe 22 4
Mauritius 2 3
Sweden 3 3
Tanzania 2 2
U.S. investor interest has been growing for several years.
In 1996 Seaboard Corporation (Kansas) purchased a
state-owned flour mill in Beira through the country's
privatization of the state firm, Mobeira. Coca-Cola
increased its substantial holdings in bottler SABCO (South
Africa Bottling Company) to 24 percent. SABCO has taken
over Coke's Maputo bottling plant and has built additional
plants in the central region (Chimoio) and the northern
region (Nampula) to provide national coverage. Other
significant U.S. investors include Mobil Oil,
Colgate-Palmolive and a private individual investor working
in tourism development in Inhambane province. There is
significant (although not majority) US investment in Tenga,
Ltd., a macadamia nut plantation in Niassa province. There
is also U.S. investment in Indian Ocean Aquaculture (IOA),
a shrimp aquaculture project in Cabo Delgado. In early 2005
U.S. firms Railroad Development Corporation (RDC) and Edlow
Resources (ERL),majority shareholders in the Nacala
Corridor Concession Group, assumed ownership and management
of the Nacala port and railway network. This project
should bring significant FDI to the transportation sector
in 2005.
Foreign direct investment totals in Mozambique from
1990-2004:
Year No. of Projects FDI USD Mil.
1990 31 20
1991 25 21
1992 27 77
1993 29 46
1994 123 136
1995 166 60
1996 270 97
1997 184 558
1998 209 207
1999 235 101
2000 179 230
2001 129 528
2002 128 559
2003 112 122
2004 105 122
Total 1,952 2,884
The following data details total approved foreign direct
investment for specific projects in 2004. Data is included
for projects that the CPI considers to be in the
implementation phase or operational.
Company Sector USD Mil.
Karibu River Estate Tourism 44
CCFB Transportation 10
Transcom Mogambique Telecommunications 10
Marnorte Agriculture & Agro-Industry 5
Proj. Desenvolv. Texteis Industry (Textiles) 4
Mogambique Farms Agriculture & Agro-Industry 2
G.S. Holding Industry 2
Tenga, Ltd. Agriculture & Agro-Industry 2
Indian Ocean Aquaculture Aquaculture & Fishing 2
Companhia de Vanduzi Agriculture & Agro-Industry 2
LA LIME