Identifier
Created
Classification
Origin
06BELGRADE1765
2006-10-27 08:31:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Belgrade
Cable title:  

SERBIA OFFERS INCENTIVES TO FOREIGN INVESTORS

Tags:  PREL PGOV EINV ECON SR 
pdf how-to read a cable
VZCZCXYZ0000
RR RUEHWEB

DE RUEHBW #1765/01 3000831
ZNR UUUUU ZZH
R 270831Z OCT 06
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC 9634
INFO RUCPDOC/USDOC WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS BELGRADE 001765 

SIPDIS

DEPT FOR EUR/SCE/DSCHROEDER AND CRIEHL AND EB/CBA
USDOC FOR 4232/ITA/MAC/EUR/OEERIS/SSAVICH

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: PREL PGOV EINV ECON SR
SUBJECT: SERBIA OFFERS INCENTIVES TO FOREIGN INVESTORS

REF: Belgrade 531

SUMMARY
-------
UNCLAS BELGRADE 001765

SIPDIS

DEPT FOR EUR/SCE/DSCHROEDER AND CRIEHL AND EB/CBA
USDOC FOR 4232/ITA/MAC/EUR/OEERIS/SSAVICH

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: PREL PGOV EINV ECON SR
SUBJECT: SERBIA OFFERS INCENTIVES TO FOREIGN INVESTORS

REF: Belgrade 531

SUMMARY
--------------

1. (U) Attracting foreign direct investment is increasingly
becoming a priority for the Serbian government. The GOS is
developing a range of incentives for investors, including
cash grants to investments resulting in significant job
creation, as well as tax incentives in the form of credits
and reduced corporate tax rates. Finance Minister Dinkic
announced on October 21 that a British apparel manufacturer
would be the first grant recipient, snaring a EUR 6 million
subsidy for a plant in Vranje that will employ 3,000. A
proposed Law on Foreign Investments is in parliamentary
procedure, but its future is uncertain due to implementation
concerns and opposition from the World Bank and the Serbian
Investment and Export Promotion Agency (SIEPA). The GOS
incentives are particularly aimed at stimulating greenfield
investments. END SUMMARY.


2. (SBU) Greenfield investments in Serbia have been rare. U.S.
can manufacturer Ball Packaging was the first major project,
and Slovenia's Gorenje on October 16 opened a EUR 20 million
factory in Valjevo that will employ 330 (later, up to 1,000)
in the manufacture of refrigerators and freezers. Minister
of International Economic Relations (MIER) Milan Parivodic
announced at the factory that FDI will reach USD 3.5 billion
by the end of the year. Serbian economic policy-makers are
finally focusing on the need for greenfield investment if the
country is to achieve a significant reduction in
unemployment, which now is near 21 percent. Several donors,
including USAID and the EU (through a project directed by the
World Bank's Multilateral Investment Guarantee Program),are
working with Serbian agencies as they seek to modify the
legal and physical infrastructure for investment.

FINANCIAL INCENTIVES FOR JOB CREATION
--------------

3. (U) In order to provide further financial incentives for
greenfield investments in specific industries, the GOS
adopted a decree in late June 2006 to permit cash grants to
investment projects in all areas, except for trade, tourism,

hospitality and agriculture. Eligible companies are those
establishing new ventures in manufacturing, services
activities that can be marketed internationally, and the
research and development (R&D) sector. For each of these
areas, the incentives and conditions are as follows:

Investments in manufacturing:
-- Available funds: starting at EUR 2,000 up to EUR 5,000
per every new employee,
-- Minimum investment: between EUR 1 million and EUR 5
million, depending on the unemployment rate in the
municipality where the investment is made,
-- Minimum number of new positions: 50.

Investments in international services:
-- Available funds: starting at EUR 2,000, up to EUR 10,000
per every new employee,
-- Minimum investment: EUR 1 million
-- Minimum number of new positions: 10.

Investments in the R&D sector:
-- Available funds: starting at EUR 5,000 up to EUR 10,000
per every new employee,
-- Minimum investment: EUR 1 million,
-- Minimum number of new positions: 10.


4. (U) Investment projects will be reviewed and scored by
Serbia's Investment and Export Promotion Agency (SIEPA),
based on predetermined criteria. Upon a successful
evaluation by a five-member commission represented by the
Deputy Prime Minister's office, Ministry of Economy, Ministry
of International Economic Relations (MIER),Ministry of
Finance, and SIEPA, the funds will be paid out in four
increments over the project?s life:

1st increment: after concluding the contract for sale or
lease of land,
2nd increment: after obtaining construction approval,
3rd increment: after obtaining the right-to-use permit,
4th increment: after achieving full employment envisaged by
the investment project.


5. (U) For example, UK-based Alena Ltd. recently announced
plans to build an apparel factory in Vranje. This greenfield
investment is expected to generate 3,000 new jobs and produce
100,000 garments weekly. Alena submitted an application to
receive a cash grant for the investment project, and on
October 20, the GOS awarded the first installment of EUR 6
million. Alena purchased one division of existing apparel
manufacturer Yumco, and it also will lease space from Yumco
during the construction phase.


6. (U) The commission scores and evaluates projects based on
the following criteria: 1) investor?s references, 2)
participation of domestic suppliers in the final product and
investment effect on local companies, 3) investment?s
sustainability and viability, 4) effect related to R&D, 5)
effect on human resources, 6) environmental impact, 7)
international turnover of services for investments in this
area, 8) effect on development of the local community, and 9)
municipality support related to deduction of local fees. The
final cash grant will be based on the final score of the
project.


7. (U) In a press conference of the contract signing with
Alena Ltd, Minister of Finance Mladjan Dinkic announced that
the GOS is ready to offer EUR 20 million to 100 million from
the National Investment Plan to a foreign company willing to
open a new automobile factory in Kragujevac, home of the
failing Zastava Automobile factory. He said that just this
week Serbia is the process of concluding five greenfield
investments that will employ some 5,000 people in Vranje,
Uzice, Valjevo, Indjija and Kragujevac.


8. (U) In addition, the GOS has obligated EUR 45 million for
municipalities to develop industrial parks where various
companies could be concentrated in one location sharing the
same infrastructure. According to SIEPA, some 49
municipalities have submitted industrial park proposals for
funding consideration.

TAX INCENTIVES
--------------

9. (U) Serbia?s tax law has recently been amended to offer
several tax incentives to new investors. Corporate profit
tax is levied under current law at the uniform rate of 10
percent, with non-residents taxed only on income earned in
Serbia. Companies under the current law are exempt from
corporate profit tax for up to 10 years, starting from the
first year in which they realize profit, if: 1) they invest
in fixed assets an amount exceeding 600 million dinars
(approximately EUR 7.5 million) and 2) during the investment
period employ at least 100 additional employees for an
indefinite period.


10. (U) Companies that do not meet the requirements for the
10-year exemption still may utilize an investment tax credit
that permits a reduction in tax due equal to 20 percent of
the amount invested in fixed assets for the respective tax
period. This reduction may exceed 50 percent of the total
tax liability. If not used entirely in the course of one
year, this tax credit can be carried forward for a maximum of
10 years.


11. (U) A number of sectors (agriculture, production of
textile yarn and fabrics, garment manufacture, leather
processing, production of base metals and standard metal
products, production of any sort of machinery, electronic
goods, medical instruments, or motor vehicles, recycling, and
video production) may obtain a tax credit in the amount of 80
percent of investments made in fixed assets, with the unused
portion to be carried forward for up to 10 years. Small
enterprises outside of these sectors may receive tax credits
equal to 40 percent of the amount invested in fixed assets in
the current year (credit not to exceed 70 percent).


12. (U) In addition, the tax law offers incentives for
employing new workers. A taxpayer who employs new workers is
entitled to a tax reduction equal to 100 percent of the gross
salaries. This tax credit is recognized for two years from
the day of employment of new workers, provided that the
number of employees is not reduced during that period.


13. (U) A taxpayer generating profit from a newly-established
operating unit in an underdeveloped region (as designated by
the GOS) will receive a tax credit for two years in an amount
proportionate to the profit of that unit in the overall
profit of the company.


14. (U) The tax law also provides for accelerated
depreciation of fixed assets, tax exemptions for concession-
related investments, social insurance contribution
exemptions, income tax credits, and customs duty exemptions
for certain goods and equipment imports. Drawback provisions
of various kinds are also stipulated in the customs law,
providing for a suspension of customs duties on certain
imports inputs which will be processed and re-exported.


15. (U) Recent modifications to the Law on Income Tax in July
2006 provide additional, age-based tax incentives to
employers. For hiring new employees younger than 30 years of
age or older than 50, employers are exempt from social
contributions for three years. For new employees ages 45 to
50, employers pay only 20 percent of the required
contributions for three years. Currently, employers pay 73
cents on the dollar in social contributions, but after
January 1, 2007, the rate will be reduced to 61 cents on the
dollar.

UNCERTAIN FUTURE FOR PROPOSED LAW ON FOREIGN INVESTMENT
-------------- --------------

16. (U) On July 27, the GOS adopted the draft Law on Foreign
Investments for submission to Parliament. Minister Milan
Parivodic of MIER personally drafted the proposed
legislation, which would regulate foreign investments in
Serbia and guarantee freedom of investment and investment
rights to foreign investors. The law also envisages the
establishment of a special procedure for the purpose of
"prompt and efficient implementation of foreign investment,"
the so-called "one-stop shop."


17. (U) The draft law requires the creation of one-stop shops
at the municipality level to facilitate and service the terms
of investment agreements signed between the investor and the
municipality. These agreements would spell out the
obligations of both parties during the investment process.


18. (U) The draft law also stipulates criteria for
categorizing certain investments as ?of general interest.?
For these larger investments, MIER would be the responsible
entity for the one-stop shop. Article 46 of the law also
provides for offering special incentives to these investors,
such as lower real estate and rental prices, construction of
infrastructure by the republic, grants for new jobs created,
etc.


19. (U) Although there is consensus that FDI is important to
Serbia?s future economic development, many have expressed
doubts that this law will produce the efficient investment
facilitation it seeks to achieve. Jasna Matic, director of
the Serbian Investment and Export Promotion Agency (SIEPA),
told econoffs that this law is too complex and may actually
be counterproductive to foreign investment promotion.


20. (U) Matic said that most municipalities and MIER lack the
capacities to implement the one-stop shop. She also
complained that SIEPA was not consulted during the drafting
of the law. In fact, SIEPA is not mentioned once in the law,
and it is unclear what role SIEPA would play in investment
facilitation. For continuity purposes, Matic advocates for
one entity to support the investor from start to finish of a
project.


21. (SBU) Matic stated that the government?s role, MIER
specifically, should be to create a level playing field for
investors. By subjecting investors to another layer of
bureaucracy with project committees and investment agreements
that explicitly state what both parties will do, she fears
that this will send the wrong message to investors and that
they will look elsewhere for ?easier? investments. Matic
told econoffs that she would ask the Speaker of Parliament to
pull it from Parliament?s agenda. (Note: Speaker Predrag
Markovic, until recently, was a member of the G17 party, as
is Matic. Parivodic's position, on the other hand, is an
appointment controlled by Prime Minister Kostunica's
Democratic Party of Serbia; partisan politics may play a role
in the strained relations between G17 and the Ministry.)


22. (U) Carolyn Jungr, Director of the WB in Serbia, sent a
letter to the GOS on August 17 expressing concerns over the
the law on foreign investments. The fact that the Ministry's
law does not mention the government's investment promotion
agency, SIEPA, sends an unfortunate signal to the investment
community. She said that the proposed law introduces a
significant degree of uncertainty about the treatment of
investors through discretionary authority for providing
services and granting incentives, while potentially
increasing the bureaucratic requirements under which
investors may obtain such services. She also voiced concerns
over "codifying the unproven one-stop shop in a law," and
stated that many of the concepts prescribed in the draft law
are not in line with international best practice and could
have a negative impact on investor perceptions of Serbia.


23. (U) Jungr told econ chief that her primary concern at
this point was not the foreign investment law, but a
companion law on industrial parks. In a letter to the GOS on
August 25, she criticized a provision that appears to require
private ownership of such parks, stating that this model
would create complications, bureaucratic procedures and
significant uncertainty for investors. She raised several
questions based on the current draft: Who would own the
infrastructure at the parks? If the infrastructure is
privately owned, why would the Government provide a large
share of the financing? If the land is to be owned
separately from the industrial park, how will the
relationship between the land owner and the park owner be
regulated? Jungr also said that it would be more prudent for
the GOS to develop a strategy first, then draft the law based
on the strategy. (Parivodic later told the Ambassador that
it was not the intent of the law to prohibit the
establishment of non-private industrial parks.)

POLITICAL CLIMATE COULD DELAY LARGE PRIVATIZATIONS
-------------- --

24. (SBU) Considering that Parliament will meet only once
between the referendum on the new constitution and the
expected parliamentary elections, some 40 laws in procedure
(including the draft Law on Foreign Investments) almost
certainly will be adopted only after election of a new
government. In addition, Finance Minister Dinkic said on
October 16 that the new government will finish the process of
privatization, stating that the sale of Serbian Oil Company
(NIS) would be delayed. (However, sources at the Ministry of
Economy told econ chief that the NIS tender would be delayed
because of a technical error in the tender documentation,
regarding the number of shares to be purchased by workers,
and Dinkic's intervention was gamesmanship. Other sources at
the Agency for Privatization told us that the tender for
copper mine RTB Bor would be delayed only because many would-
be bidders needed more time.)


COMMENT
--------------

23. (SBU) The important story is not the debate over which
mechanism to use in supporting foreign investors in Serbia.
Rather, it is the increased GOS realization that FDI is
essential to future economic development. The GOS is taking
steps towards removing administrative barriers while using
FDI incentives to encourage job creation. Recognizing a gap
at the local level in facilitating foreign investment, the
Embassy plans to work with economically active and important
municipalities through USAID's Municipal Economic Growth
Activity (MEGA) program to build the capacity of cities to
attract and retain investments. We expect to announce very
soon an expansion in this aspect of the MEGA program from 10
to 24 municipalities.

POLT