Identifier
Created
Classification
Origin
06BUENOSAIRES34
2006-01-06 14:17:00
UNCLASSIFIED
Embassy Buenos Aires
Cable title:
ARGENTINA -- 2006 INVESTMENT CLIMATE STATEMENT
how-toVZCZCXYZ0009 RR RUEHWEB DE RUEHBU #0034/01 0061417 ZNR UUUUU ZZH R 061417Z JAN 06 FM AMEMBASSY BUENOS AIRES TO RUEHAC/AMEMBASSY ASUNCION 5246 RUEHBR/AMEMBASSY BRASILIA 5010 RUEHLP/AMEMBASSY LA PAZ JAN MONTEVIDEO 5197 RUEHSG/AMEMBASSY SANTIAGO 4832 RUEHRI/AMCONSUL RIO DE JANEIRO 1812 RUEHSO/AMCONSUL SAO PAULO 2698 INFO RUEATRS/DEPT OF TREASURY WASHDC RUCPDOC/USDOC WASHDC RHEHAAA/WHITE HOUSE WASHINGTON DC
UNCLAS SECTION 01 OF 04 BUENOS AIRES 000034
SIPDIS
SIPDIS
STATE FOR EB/IFD/OIA, WHA/BSC, AND WHA/EPSC
DEPT PASS USTR
E.O. 12958: N/A
TAGS: EINV EFIN ETRD ELAB KTDB PGOV OPIC USTR
SUBJECT: ARGENTINA -- 2006 INVESTMENT CLIMATE STATEMENT
(PART 2 OF 2)
REF: 05 STATE 202943
The following is the second part of Embassy Buenos Aires'
2006 Investment Climate Statement for Argentina. Begin text
of Part II:
-------------- --------------
A.9. Efficient Capital Markets and Portfolio Investment
-------------- --------------
Law 17811 of 1968 regulates public securities offerings. The
Argentine Securities and Exchange Commission (Comision
Nacional de Valores) is the federal agency that regulates
securities markets offerings. Securities and accounting
standards are transparent and consistent with international
norms.
U.S. banks and securities firms are well represented in
Argentina and are among the most dynamic players in the local
capital markets. The private pension fund system --
consolidated in 1995 -- provided an important growing base
for capital markets until the beginning of the recent crisis.
In July 2003, the government began requiring foreign banks
to disclose to the public the nature and extent to which
their foreign parent banks guarantee their branches or
subsidiaries in Argentina.
--------------
A.10. Political Violence
--------------
Protests, marches, and roadblocks directed at the national,
provincial and municipal governments are commonplace in
Argentina, but their number, size, and the likelihood of
accompanying violence have decreased since the crisis. There
have been no cases of overtly political violence since the
April 2003 national presidential election. During 2004,
however, in what appear to have been mostly unrelated
incidents, unknown persons placed thirteen bombs, which
either exploded or were detonated by police, and four other
incendiary devices in banks and other commercial
establishments. One bank guard was killed and a policeman
seriously injured in December 2004. In 2005, there were
approximately 20 incidents in which local groups were
involved in bombings, attempted bombings, or arson, mostly
against U.S. businesses (Citibank, Bank Boston, Blockbuster,
and McDonald's in particular). Anti-American pamphlets or
graffiti were found at most of the 2005 incidents, none of
which resulted in injury or death.
--------------
A.11.a. Corruption
--------------
Government corruption and private sector business fraud are
the subject of frequent complaints from U.S. investors, and
U.S. businesses have identified corruption in Argentina as a
significant problem for trade and investment, particularly in
procurement, regulatory systems, tax collection, and health
care administration. Surveys by Transparency International
and other business and academic groups have contributed to
more open debate about corruption and fraud, however. Some
foreign firms tend to be at a competitive disadvantage since,
in certain industries, they are more likely to pay taxes than
their domestic competitors. There are strong indications
that the government of Argentina is trying to change the
culture of non-payment by stepping-up enforcement efforts and
encouraging the use of credit card purchases while at the
same time using the media to increase public awareness of tax
obligations and to shame evaders. While Argentina,s growing
economy is primarily responsible for the government of
Argentina,s solid fiscal performance, anti-evasion efforts
were a factor in the federal government,s record tax
collections of over 118.5 billion pesos in 2005 (compared
with around 98.3 billion in 2004 and 72 billion in 2003),
with revenues increasing from all taxes.
The government of Argentina maintains that official
corruption has decreased dramatically as a result of the
privatization of most state enterprises over the past decade.
BUENOS AIR 00000034 002 OF 004
Argentina is a party to the OAS Anti-Corruption Convention
and ratified the OECD Anti-Corruption Convention in 2001.
The government has regulations against bribery of government
officials, but enforcement is uncertain. An anti-corruption
office under the Ministry of Justice reviews the financial
disclosure statements that are now required of all senior
public officials. Press reports indicate, however, that some
public officials have refused to provide the required
disclosure statements on the grounds that compliance would
expose them to kidnapping attempts. The anti-corruption
office also carries out investigations into cases of alleged
corruption involving Executive branch officials.
Inefficiencies in the Argentine judicial system slow efforts
to stem corruption. Argentine laws do not provide for
plea-bargaining, so many corruption charges are difficult to
prosecute. As a result, convictions are rare.
--------------
A.11.b. Bilateral Investment Agreements
--------------
The governments of Argentina and the United States signed a
BIT in 1991. The agreement was amended, ratified by the
Congresses of both countries, and entered into force on
October 20, 1994. Argentina does not have a bilateral tax
treaty (Treaty for the Mutual Avoidance of Double Taxation)
with the United States.
Over the past decade, the government of Argentina has signed
over 50 bilateral treaties for the protection and promotion
of investment, including with all of its major trade and
investment partners. Forty-four of these agreements have
been ratified by the Argentine Congress and are in force.
More information regarding Argentina's bilateral tax and
investment treaties is available at www.infoleg.gov.ar.
-------------- --------------
A.11.c. OPIC and other Investment Insurance Programs
-------------- --------------
The government of Argentina signed a comprehensive agreement
with the Overseas Private Investment Corporation (OPIC) in
1989. Argentina is also a member of the World Bank's
Multilateral Investment Guarantee Agency (MIGA).
--------------
A.11.d. Labor
--------------
Argentine workers are among the most highly educated in Latin
America. Argentine workers were also relatively well paid
prior to the peso devaluation in January 2002. High
inflation following the devaluation eroded the value of their
wages in 2002. Wages in dollar terms are now more
competitive, even taking into account Argentina's relatively
high social security charges and other taxes. As of the
third quarter of 2005, the official unemployment rate was
11.1 percent, but this number excludes recipients of
government assistance to unemployed heads of households. If
those recipients were included, unemployment would be
approximately 14.1 percent.
The government of Argentina passed a modest labor reform law
in 2000 to address rigidities in the labor market (i.e., by
increasing collective bargaining flexibility, extending trial
employment periods, and lowering payroll taxes for new
permanent hires). However, the anticipated growth in
employment did not materialize, as the reforms coincided with
a deepening of the economic recession produced by foreign and
domestic factors. Following the acceleration of the
financial crisis beginning in December 2001, many workers
left the formal labor force and instead began to work
informally, as employers sought to avoid high pension, social
security, and other taxes on formal employment. The
government passed a new labor law reform in 2004, which did
not result in significant changes to the existing regime.
--------------
BUENOS AIR 00000034 003 OF 004
A.11.e. Foreign Trade Zones/Free Ports
--------------
Argentina has two types of tax-exempt trading areas: Foreign
Trade Zones (FTZs),which are found throughout the country;
and the more comprehensive Special Customs Areas (SCAs),
which are located only in Tierra del Fuego Province and whose
benefits apply only to already established firms.
Law 24331 of 1994 establishes the FTZ regime for Argentina.
Argentine law defines an FTZ as a territory outside the
"general customs area" (GCA, i.e., the rest of Argentina)
where neither the inflows nor outflows of exported final
merchandise are subject to tariffs, non-tariff barriers, or
other taxes on goods. Goods produced within a FTZ generally
cannot be shipped to the GCA, unless they are capital goods
not produced in the rest of the country. The labor,
sanitary, ecological, safety, criminal, and financial
regulations within FTZs are the same as those that prevail in
the GCA. Foreign firms get national treatment in FTZs.
Under the current law, the Executive Power may create one FTZ
per province, with certain exceptions. More than one FTZ per
province may be allowed in sparsely populated border regions
(although this provision has not been fully utilized). Thus
far, the National Executive Power has permitted FTZs in most
of the 24 Argentine provinces. The most active FTZ is in La
Plata, the capital of Buenos Aires Province.
Merchandise shipped from the GCA to a FTZ may receive export
incentive benefits, if applicable, only after the goods are
exported from the FTZ to a third country destination.
Merchandise shipped from the GCA to a FTZ and later exported
to another country is not exempt from export taxes. Any
value added in FTZs and re-exports from FTZ is exempt from
export taxes.
Law 19640, passed in 1972, codifies the Special Customs Area
(SCA) rules for Argentina. Unlike FTZ manufactured goods,
products manufactured in an SCA may enter the GCA free from
taxes or tariffs. In addition, the government may enact
special regulations that exempt products shipped through an
SCA (but not manufactured therein) from all forms of taxation
except excise taxes. The SCA program provides benefits for
established companies that meet production and employment
objectives.
The SCA program applies only to Tierra del Fuego Province.
The government reduced some SCA benefits in the early 1990s.
Most of these benefits were later reestablished, but only for
those firms previously established in Tierra del Fuego
Province. The SCA program is scheduled to expire at the end
of 2013.
--------------
A.11.f. Foreign Direct Investment Statistics
--------------
The United States and Spain are the two largest sources of
foreign investment in Argentina. U.S. investment is
concentrated in financial services, agribusiness, energy,
petrochemicals, food processing, household products, and
motor vehicle manufacturing. Many U.S. firms have
substantially written-down the value of their Argentine
investments in response to the devaluation and pesification
of previously dollar-denominated contracts. Five U.S. power
companies elected to abandon their Argentine investments in
2003 and 2004, to reduce continuing losses. Other important
sources of investment capital include Chile, Italy, France,
U.K., Germany, Canada, and Japan. During a visit to
Argentina by PRC President Hu Jintao in November 2004, public
and private Chinese companies signed letters-of-intent for
sizeable investments over the coming decade in Argentina,s
transportation, hydrocarbons, mining, construction,
telecommunications, and tourism sectors. Chinese investment
in Argentina to date, however, has been relatively light.
Important foreign investors in Argentina include AES, ALCAN,
American Airlines, Barrick, Bell South, BP, Brahma, British
BUENOS AIR 00000034 004 OF 004
Gas, Bristol-Myers, Bunge, Cargill, Carrefour, Cencosud,
CDSI, Chevron-Texaco, CitiGroup, CMS, Coca-Cola, Crown Cork,
Cyanamid, Daimler-Chrysler, Delta, Diamond Shamrock, Dow
Chemical, Dupont, Duke Energy, Eastman Kodak, Eli Lilly,
ExxonMobil, Federal Express, Fiat, Fleet-Boston, Ford, Four
Seasons, France Telecom, General Electric, General Mills,
General Motors, Gillette, HP, Hilton, Honeywell, IBM, John
Deere, Kimberley Clark, Kraft, Lockheed-Martin, Marriott,
McDonald's, Merck, Motorola, Nabisco, Pepsi, Petrobras,
Peugeot, Pfizer, Philip Morris, PriceWaterhouseCoopers,
Procter & Gamble, Renault, Repsol, Scania, Schering-Plough,
Shell, Sheraton, Swift Armour, Squibb, TCI, Telefonica of
Spain, Tyco Electronics, 3M, Toyota, Union Camp, United,
United Technologies, UPS, Volkswagen, Wal-Mart, and Xerox.
Argentine firms increasingly invested abroad during the 1990s
(particularly in Brazil, Paraguay and Uruguay),although the
country has remained a large net recipient of foreign direct
investment.
The Argentine Ministry of Economy (http://www.mecon.gov.ar)
and the Investor's Information Service for Argentina
(http://www.infoarg.org) have additional detailed information
on foreign direct investment in Argentina.
GUTIERREZ
SIPDIS
SIPDIS
STATE FOR EB/IFD/OIA, WHA/BSC, AND WHA/EPSC
DEPT PASS USTR
E.O. 12958: N/A
TAGS: EINV EFIN ETRD ELAB KTDB PGOV OPIC USTR
SUBJECT: ARGENTINA -- 2006 INVESTMENT CLIMATE STATEMENT
(PART 2 OF 2)
REF: 05 STATE 202943
The following is the second part of Embassy Buenos Aires'
2006 Investment Climate Statement for Argentina. Begin text
of Part II:
-------------- --------------
A.9. Efficient Capital Markets and Portfolio Investment
-------------- --------------
Law 17811 of 1968 regulates public securities offerings. The
Argentine Securities and Exchange Commission (Comision
Nacional de Valores) is the federal agency that regulates
securities markets offerings. Securities and accounting
standards are transparent and consistent with international
norms.
U.S. banks and securities firms are well represented in
Argentina and are among the most dynamic players in the local
capital markets. The private pension fund system --
consolidated in 1995 -- provided an important growing base
for capital markets until the beginning of the recent crisis.
In July 2003, the government began requiring foreign banks
to disclose to the public the nature and extent to which
their foreign parent banks guarantee their branches or
subsidiaries in Argentina.
--------------
A.10. Political Violence
--------------
Protests, marches, and roadblocks directed at the national,
provincial and municipal governments are commonplace in
Argentina, but their number, size, and the likelihood of
accompanying violence have decreased since the crisis. There
have been no cases of overtly political violence since the
April 2003 national presidential election. During 2004,
however, in what appear to have been mostly unrelated
incidents, unknown persons placed thirteen bombs, which
either exploded or were detonated by police, and four other
incendiary devices in banks and other commercial
establishments. One bank guard was killed and a policeman
seriously injured in December 2004. In 2005, there were
approximately 20 incidents in which local groups were
involved in bombings, attempted bombings, or arson, mostly
against U.S. businesses (Citibank, Bank Boston, Blockbuster,
and McDonald's in particular). Anti-American pamphlets or
graffiti were found at most of the 2005 incidents, none of
which resulted in injury or death.
--------------
A.11.a. Corruption
--------------
Government corruption and private sector business fraud are
the subject of frequent complaints from U.S. investors, and
U.S. businesses have identified corruption in Argentina as a
significant problem for trade and investment, particularly in
procurement, regulatory systems, tax collection, and health
care administration. Surveys by Transparency International
and other business and academic groups have contributed to
more open debate about corruption and fraud, however. Some
foreign firms tend to be at a competitive disadvantage since,
in certain industries, they are more likely to pay taxes than
their domestic competitors. There are strong indications
that the government of Argentina is trying to change the
culture of non-payment by stepping-up enforcement efforts and
encouraging the use of credit card purchases while at the
same time using the media to increase public awareness of tax
obligations and to shame evaders. While Argentina,s growing
economy is primarily responsible for the government of
Argentina,s solid fiscal performance, anti-evasion efforts
were a factor in the federal government,s record tax
collections of over 118.5 billion pesos in 2005 (compared
with around 98.3 billion in 2004 and 72 billion in 2003),
with revenues increasing from all taxes.
The government of Argentina maintains that official
corruption has decreased dramatically as a result of the
privatization of most state enterprises over the past decade.
BUENOS AIR 00000034 002 OF 004
Argentina is a party to the OAS Anti-Corruption Convention
and ratified the OECD Anti-Corruption Convention in 2001.
The government has regulations against bribery of government
officials, but enforcement is uncertain. An anti-corruption
office under the Ministry of Justice reviews the financial
disclosure statements that are now required of all senior
public officials. Press reports indicate, however, that some
public officials have refused to provide the required
disclosure statements on the grounds that compliance would
expose them to kidnapping attempts. The anti-corruption
office also carries out investigations into cases of alleged
corruption involving Executive branch officials.
Inefficiencies in the Argentine judicial system slow efforts
to stem corruption. Argentine laws do not provide for
plea-bargaining, so many corruption charges are difficult to
prosecute. As a result, convictions are rare.
--------------
A.11.b. Bilateral Investment Agreements
--------------
The governments of Argentina and the United States signed a
BIT in 1991. The agreement was amended, ratified by the
Congresses of both countries, and entered into force on
October 20, 1994. Argentina does not have a bilateral tax
treaty (Treaty for the Mutual Avoidance of Double Taxation)
with the United States.
Over the past decade, the government of Argentina has signed
over 50 bilateral treaties for the protection and promotion
of investment, including with all of its major trade and
investment partners. Forty-four of these agreements have
been ratified by the Argentine Congress and are in force.
More information regarding Argentina's bilateral tax and
investment treaties is available at www.infoleg.gov.ar.
-------------- --------------
A.11.c. OPIC and other Investment Insurance Programs
-------------- --------------
The government of Argentina signed a comprehensive agreement
with the Overseas Private Investment Corporation (OPIC) in
1989. Argentina is also a member of the World Bank's
Multilateral Investment Guarantee Agency (MIGA).
--------------
A.11.d. Labor
--------------
Argentine workers are among the most highly educated in Latin
America. Argentine workers were also relatively well paid
prior to the peso devaluation in January 2002. High
inflation following the devaluation eroded the value of their
wages in 2002. Wages in dollar terms are now more
competitive, even taking into account Argentina's relatively
high social security charges and other taxes. As of the
third quarter of 2005, the official unemployment rate was
11.1 percent, but this number excludes recipients of
government assistance to unemployed heads of households. If
those recipients were included, unemployment would be
approximately 14.1 percent.
The government of Argentina passed a modest labor reform law
in 2000 to address rigidities in the labor market (i.e., by
increasing collective bargaining flexibility, extending trial
employment periods, and lowering payroll taxes for new
permanent hires). However, the anticipated growth in
employment did not materialize, as the reforms coincided with
a deepening of the economic recession produced by foreign and
domestic factors. Following the acceleration of the
financial crisis beginning in December 2001, many workers
left the formal labor force and instead began to work
informally, as employers sought to avoid high pension, social
security, and other taxes on formal employment. The
government passed a new labor law reform in 2004, which did
not result in significant changes to the existing regime.
--------------
BUENOS AIR 00000034 003 OF 004
A.11.e. Foreign Trade Zones/Free Ports
--------------
Argentina has two types of tax-exempt trading areas: Foreign
Trade Zones (FTZs),which are found throughout the country;
and the more comprehensive Special Customs Areas (SCAs),
which are located only in Tierra del Fuego Province and whose
benefits apply only to already established firms.
Law 24331 of 1994 establishes the FTZ regime for Argentina.
Argentine law defines an FTZ as a territory outside the
"general customs area" (GCA, i.e., the rest of Argentina)
where neither the inflows nor outflows of exported final
merchandise are subject to tariffs, non-tariff barriers, or
other taxes on goods. Goods produced within a FTZ generally
cannot be shipped to the GCA, unless they are capital goods
not produced in the rest of the country. The labor,
sanitary, ecological, safety, criminal, and financial
regulations within FTZs are the same as those that prevail in
the GCA. Foreign firms get national treatment in FTZs.
Under the current law, the Executive Power may create one FTZ
per province, with certain exceptions. More than one FTZ per
province may be allowed in sparsely populated border regions
(although this provision has not been fully utilized). Thus
far, the National Executive Power has permitted FTZs in most
of the 24 Argentine provinces. The most active FTZ is in La
Plata, the capital of Buenos Aires Province.
Merchandise shipped from the GCA to a FTZ may receive export
incentive benefits, if applicable, only after the goods are
exported from the FTZ to a third country destination.
Merchandise shipped from the GCA to a FTZ and later exported
to another country is not exempt from export taxes. Any
value added in FTZs and re-exports from FTZ is exempt from
export taxes.
Law 19640, passed in 1972, codifies the Special Customs Area
(SCA) rules for Argentina. Unlike FTZ manufactured goods,
products manufactured in an SCA may enter the GCA free from
taxes or tariffs. In addition, the government may enact
special regulations that exempt products shipped through an
SCA (but not manufactured therein) from all forms of taxation
except excise taxes. The SCA program provides benefits for
established companies that meet production and employment
objectives.
The SCA program applies only to Tierra del Fuego Province.
The government reduced some SCA benefits in the early 1990s.
Most of these benefits were later reestablished, but only for
those firms previously established in Tierra del Fuego
Province. The SCA program is scheduled to expire at the end
of 2013.
--------------
A.11.f. Foreign Direct Investment Statistics
--------------
The United States and Spain are the two largest sources of
foreign investment in Argentina. U.S. investment is
concentrated in financial services, agribusiness, energy,
petrochemicals, food processing, household products, and
motor vehicle manufacturing. Many U.S. firms have
substantially written-down the value of their Argentine
investments in response to the devaluation and pesification
of previously dollar-denominated contracts. Five U.S. power
companies elected to abandon their Argentine investments in
2003 and 2004, to reduce continuing losses. Other important
sources of investment capital include Chile, Italy, France,
U.K., Germany, Canada, and Japan. During a visit to
Argentina by PRC President Hu Jintao in November 2004, public
and private Chinese companies signed letters-of-intent for
sizeable investments over the coming decade in Argentina,s
transportation, hydrocarbons, mining, construction,
telecommunications, and tourism sectors. Chinese investment
in Argentina to date, however, has been relatively light.
Important foreign investors in Argentina include AES, ALCAN,
American Airlines, Barrick, Bell South, BP, Brahma, British
BUENOS AIR 00000034 004 OF 004
Gas, Bristol-Myers, Bunge, Cargill, Carrefour, Cencosud,
CDSI, Chevron-Texaco, CitiGroup, CMS, Coca-Cola, Crown Cork,
Cyanamid, Daimler-Chrysler, Delta, Diamond Shamrock, Dow
Chemical, Dupont, Duke Energy, Eastman Kodak, Eli Lilly,
ExxonMobil, Federal Express, Fiat, Fleet-Boston, Ford, Four
Seasons, France Telecom, General Electric, General Mills,
General Motors, Gillette, HP, Hilton, Honeywell, IBM, John
Deere, Kimberley Clark, Kraft, Lockheed-Martin, Marriott,
McDonald's, Merck, Motorola, Nabisco, Pepsi, Petrobras,
Peugeot, Pfizer, Philip Morris, PriceWaterhouseCoopers,
Procter & Gamble, Renault, Repsol, Scania, Schering-Plough,
Shell, Sheraton, Swift Armour, Squibb, TCI, Telefonica of
Spain, Tyco Electronics, 3M, Toyota, Union Camp, United,
United Technologies, UPS, Volkswagen, Wal-Mart, and Xerox.
Argentine firms increasingly invested abroad during the 1990s
(particularly in Brazil, Paraguay and Uruguay),although the
country has remained a large net recipient of foreign direct
investment.
The Argentine Ministry of Economy (http://www.mecon.gov.ar)
and the Investor's Information Service for Argentina
(http://www.infoarg.org) have additional detailed information
on foreign direct investment in Argentina.
GUTIERREZ