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OECD Investment Policy Review of Lao PDR3 April 2015, Vientiane
1Government of
Lao P.D.R.
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1. The OECD
2. The Policy Framework for Investment
3. Investment Policy Review of Lao PDR
Structure of the presentation
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1. The Organisation for Economic Co-operation
and Development
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What is the OECD?
34 members, incl. Japan, Korea, Australia and NZ
Close cooperation with non-members on areas of mutual interest
All policies areas, except defence and sports
250 committees, working groups, expert groups
2500 staff
Better policies for better lives
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How the OECD works
Evidence-based analysis
Promotes reforms by convincing governments thatit is in their own self-interest
Does not disburse grant money
Operates based on consensus
Has no disciplinary powers other than moral suasion
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2. The Policy Framework for Investment
Investment policy
Investment promotion and
facilitation
Trade
Competition
Tax
Corporate governancePolicies for
promoting responsible
business conduct
Human resource
development
Public governance
Infrastructure investment
Investment framework for green growth
Financial sector development
Governance: transparency, stability/predictability, coherence, effectiveness
A multilaterally-backed instrument to improve the investment climate,
building on good practices
A comprehensive framework covering
numerous policy areas affecting the investment
climate
The PFI is….
Covers both domestic & foreigninvestment
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Non-prescriptive & non-binding
Flexible
Comprehensive
How the PFI works
Self-assessment by Government
(in cooperation with OECD)
Introducing the draft chapters
Chapter format:
– Introductory text (rationale of the chapter and policy
area)
– Core questions (embodying key principles)
– Supplemental questions (detailed check-list)
A checklist of questions in key policy areas
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Investment Policy • Market opportunities, risks, exit barriers
Policy areas Affecting investment through multiple channels
Investment promotion & facilitation
• Transaction (red tape) and information costs
Trade Policy • Cost of inputs, size of market, competition
Competition Policy• Market opportunities, productivity, benefit
sharing with workers and consumers
Tax policy (incentives) • Returns to investor, benefits to government
Corporate Governance • Corporate efficiency, cost of capital
Responsible Business Conduct • Social and environmental risks,
Human Resource Development • Supply and quality of labour, innovation
Investment in Infrastructure • Cost of inputs, market size, productivity etc.
Financing Investment • Supply, cost and access to capital etc.
Public governance • Regulatory quality and predictability, cost of doing business etc.
Investment for Green Growth • Input costs; environmental externalities
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Investment Policy Reviews– Comprehensive (many policy areas)– Thematic (one policy area, e.g. RBC)– Sectoral (energy, agriculture)
Regional dialogue– ASEAN, SADC, MENA, SE Europe
Capacity building– APEC, ASEAN (CLMV) and at country level
Development assistance– IFC, JICA, Finland
How the PFI has been used
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OECD Investment Policy Reviews since 2006
Sub-Saharan Africa Zambia Burkina Faso Mozambique Botswana Tanzania Mauritius Nigeria
Asia India Cambodia * China (2) Viet Nam* (2) Indonesia Lao PDR* Malaysia Myanmar Philippines*
MENA Egypt Morocco Tunisia Jordan
Latin America Peru Costa Rica Colombia
Eurasia Ukraine (2)* Russia Kazakhstan
* On-going or planned
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Updating the PFI
Over 25 countries have used the PFI in IPRs and many more in regional discussions
Need to update the instrument, incorporate new dimensions and receive users’ feedback
Task Force meetings in regions and OECD headquarters, technical revisions in OECD committees, web-based consultations
Task Force co-chaired by Finland and Myanmar
Updated PFI in 2015
• Global landscape of investment has changed (e.g. GVCs, RBC)• New policy challenges, players, priorities
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3. Investment Policy Review of Lao PDR
Investment Policy Review process
Preparatory phase
• Evaluation of government requests
• Scoping missions
• Identification of key stakeholders (Task Force)
Self-assessment & review
• OECD coaching
• Government responds to PFI questionnaire
• OECD drafts IPR with inputs from government
• Presentation & publicationA process as much as an outcome:
• Capacity building (workshops in Lao PDR and elsewhere)• Whole of government approach (task force)• Peer dialogue (within ASEAN and with OECD)• Follow up
2015
Early April OECD mission, PFI presentation to the Taskforce
April-June Government prepares answers to PFI questionnaire
July Second OECD mission to discuss answers to questionnaire and for further fact-finding
August-October OECD prepares draft report
October-Nov. Third OECD mission (Task Force meeting, fact-checking)
Nov.-December Government provides written comments on draft report
2016
Jan.-February OECD-MPI Seminar with ministries and stakeholders in Vientiane to discuss draft IPR of Lao PDR
March Presentation of draft IPR to OECD Inv. Committee in Paris
April-May Revised draft IPR circulated for final comments
June-July IPR of Lao PDR launched in Vientiane or in ASEAN region
Follow-up Results presented at regional or sub-regional level (including Regional Policy Network), other activities
Suggested timeline
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1. Introduction
2. Investment trends and performance
3. Horizontal policies affecting investment
4. Investment policy
5. Investment promotion & facilitation
6. Policies to promote responsible business conduct
7. Infrastructure investment
8. Other areas of the PFI: Corporate governance, financing investment, incentives, green growth
Structure of the IPR of Lao PDR
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• How is the framework for SEZs and investment expected to evolve?
• How to improve the development impact of investment?
• How to improve implementation of laws and regulations?
• What will be the expected impact of the AEC on Lao’s economy and how to benefit from ASEAN integration?
• How best to address investor grievances?
• How to diversify inward FDI by sector and by country?
• How to integrate into GVCs? How to raise local value addition and linkages?
• How to best make use of PPPs in infrastructure?
Some areas to be addressed
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• A whole-of-government approach to investment policy making
• Benchmark relative performance and progress over time
• An opportunity to showcase recent reforms to partner countries and the international investment community
• Recommendations based on good practices in both OECD and emerging economies
• Assistance in implementing reforms through donor agencies and the World Bank
• Capacity building can also be provided on an ad hoc basis where necessary
Benefits of undertaking a PFI assessment
• Provide guidance in assessing which policies and practices are most likely to create obstacles to domestic and foreign investment
PFI questions and supplemental questions
Supporting investment reform
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OECD Investment Policy Review of Myanmar
“The recommendations from the Review are candid, impartial and highly practical.”
Aung Naing Oo, Director General, Ministry of National Planning and Economic Development, Myanmar
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Provides factual information and inputs into the Review
Helps to build ownership of the process
Demonstrates the approach and scope of the Review
Fosters communication within the Task Force
Please try to do the following:
• identify challenges, describe recent and planned reforms and the impact of past reforms
• Refer to (and attach if possible): legal texts, strategic documents, existing studies, useful websites, other relevant documents
PFI-based questionnaire
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ANNEX
INVESTMENT POLICY
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- Entry and establishment
- Ownership and control
- Operational restrictions
- Authorisation and reporting
- Sectoral limitations
- Standards of treatment (NT, MFN, FET)
- Expropriation
- Transfer of funds
- Dispute settlement
- Transparency
- Etc.
REDUCING
STRENGHTENING
Investment Policy
Regulation Protection
Strategy What is the role of private investment, including by foreigners and SMEs,
within the country’s overall development strategy?
Legislation How is the strategy reflected in the investment law or other laws and in
commitments under bilateral, regional or multilateral agreements?
Implementation Who manages the overall coordination of investment policy making?
Is there a formal process for monitoring and improving the investment climate? Who is in charge of this process?
How is feedback from stakeholders taken into account?
Is there an advocate for investment climate reform within the government?
Investment climate strategy
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Areas covered in investment policy
Legal framework for investment
Non-discrimination and national treatment
Land ownership and registration
Intellectual property rights
Contract enforcement and investment dispute
settlement
Expropriation regime
Investment treaty policy
INVESTMENT PROMOTION & FACILITATION
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Investment
attraction
Investment Promotion Department
Business
facilitation
Integration in
GVCs/RVCs
Co-ordination with other agencies
Regulatory
reforms
Whole of government approach
Institutional framework for investment promotion and facilitation
Good
policies
Promotion
Facilitation:
Establishment
and post-
establishment
After-
care services
Policy Advocacy investor feedback to policies: surveys,
public-private committees, participation in task force, policy and legal proposals, reporting investor's
perceptions...
Investment promotion and facilitation depends on the quality of policies
Best performing IPAs are good policy advocators
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Strong supplier base is an important investment decision factor
Channel for technology and knowledge transfer;
Proactive measures to promote business linkages and build capacities of SMEs
Efforts by the government to address skills shortages (HRD, training facilities, etc.)
Role of SEZs/IPs Building research, innovation capacity Promoting partnerships with the private sector in skills upgrading Linkages with domestic firms or economic enclaves?
Promotion of business linkagesMaking investment work for development
RESPONSIBLE BUSINESS CONDUCT
Responsible Business Conduct
Responsible business conduct (RBC) means that businesses should:
• a) contribute positively to economic, environmental and social progress to achieve sustainable development and
• b) avoid and address adverse impacts through their own activities and prevent or mitigate adverse impacts directly linked to their operations, products or services by a business relationship. Risk-based due diligence is a key element of RBC by identifying, preventing and mitigating actual and potential adverse impacts.
The RBC chapter of the PFI included questions on promoting responsible business conduct related to:
1. Clear separation of government and business roles
2. Promoting effective two-way communication: law making and other dialogue
3. Providing an adequate framework for corporate disclosure
4. Enlisting business as a partner in the legal and regulatory system
5. Strengthening the business case for responsible conduct
6. Intergovernmental co-operation
Policy Framework for Investment: chapter on responsible business conduct
INFRASTRUCTURE DEVELOPMENT
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• Ensure coherence and support for infrastructure development
– Planning of infrastructure development:
– What are the needs and strategy for infrastructure? Credible project pipeline and clear private sector role?
– What consultation mechanisms are used to ensure projects correspond to needs and expectations?; Do agencies coordinate to ensure coherence?
Infrastructure chapter (1/3)
• Create a suitable enabling environment for investment in infrastructure
– Regulatory & institutional environment
– What is the legal regime for investment in infrastructure (laws and agencies and mandates)? Are these clear and transparent? Regulatory Impact assessments? How is corruption being prevented?
– Is the public procurement system transparent and efficient in promoting competition? Are there still barriers to entry for investors? Are competition laws being enforced?
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• Mitigate risk and ensure value for money
– Selecting and prioritising projects; enhancing implementation
– Are cost-benefit analysis, taking into account alternative modes of delivery, full range of risks, undertaken?
– How are risks identified and allocated? Are fiscal liabilities transparently accounted for in the budget?
– What has been done to improve preparation, selection and implementation of projects (e.g. PPP unit, output based contract specifications; performance monitoring system)?
• Ensure adequate regulation and pricing of infrastructure markets
– Predictability and viability of infrastructure projects
– Are regulatory agencies independent, adequately resourced and accountable? Do SOEs compete on equal terms with private firms?
– How the government strike balance in tariff setting (cost and affordability)? When subsidies are needed, what has been done to use it more efficiently?
Infrastructure chapter (2/3)
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• Increase the supply of financing for infrastructure projects
– Facilitate financing of infrastructure
– What has been done to leverage sources of finance to infrastructure projects and mitigate shortfalls if insufficient cost recovery?
– Is ODA used to mitigate project risks and leverage private investment?
– Are there obstacles for investors to bring in and out international capital if needed?
• Encourage inclusiveness and responsible business conduct
– Predictability and viability of infrastructure projects
– Broad-based stakeholder consultations
– Environmental & social impact assessments
– Ensure resilience of infrastructure to climate change
– Ensure that both public & private providers observe RBC standards and perform adequate due diligence to identify, manage & monitor any environmental & social risks
Infrastructure chapter (3/3)