83416 Regional Profile: Small Island States Doing Business 2014 SMALL ISLAND STATES 2 © 2013 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org All rights reserved. 1 2 3 4 15 14 13 12 A copublication of The World Bank and the International Finance Corporation. This work is a product of the staff of The World Bank with external contributions. Note that The World Bank does not necessarily own each component of the content included in the work. The World Bank therefore does not warrant that the use of the content contained in the work will not infringe on the rights of third parties. The risk of claims resulting from such infringement rests solely with you. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. 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Doing Business 2014: Understanding Smarter Regulations for Small and Medium-Size Enterprises. Washington, DC: World Bank Group. DOI: 10.1596/978-0-8213-9615-5. License: Creative Commons Attribution CC BY 3.0 Translations—If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by The World Bank and should not be considered an official World Bank translation. The World Bank shall not be liable for any content or error in this translation. All queries on rights and licenses should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. Additional copies of all 11 editions of Doing Business may be purchased at www.doingbusiness.org. Cover design: The Word Express Doing Business 2014 SMALL ISLAND STATES 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 5 Starting a business ..................................................................................................................... 12 Dealing with construction permits........................................................................................... 21 Getting electricity ....................................................................................................................... 28 Registering property .................................................................................................................. 35 Getting credit .............................................................................................................................. 44 Protecting investors ................................................................................................................... 50 Paying taxes ................................................................................................................................ 57 Trading across borders .............................................................................................................. 65 Enforcing contracts .................................................................................................................... 76 Resolving insolvency .................................................................................................................. 82 Data notes ................................................................................................................................... 88 Resources on the Doing Business website .............................................................................. 93 Doing Business 2014 SMALL ISLAND STATES 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is African Development Community (SADC). The data in for a local entrepreneur to open and run a small to this report are current as of June 1, 2013 (except for medium-size business when complying with relevant the paying taxes indicators, which cover the period regulations. It measures and tracks changes in January–December 2012). regulations affecting 11 areas in the life cycle of a The Doing Business methodology has limitations. Other business: starting a business, dealing with construction areas important to business—such as an economy’s permits, getting electricity, registering property, proximity to large markets, the quality of its getting credit, protecting investors, paying taxes, infrastructure services (other than those related to trading across borders, enforcing contracts, resolving trading across borders and getting electricity), the insolvency and employing workers. security of property from theft and looting, the In a series of annual reports Doing Business presents transparency of government procurement, quantitative indicators on business regulations and the macroeconomic conditions or the underlying strength protection of property rights that can be compared of institutions—are not directly studied by Doing across 189 economies, from Afghanistan to Zimbabwe, Business. The indicators refer to a specific type of over time. The data set covers 47 economies in Sub- business, generally a local limited liability company Saharan Africa, 33 in Latin America and the Caribbean, operating in the largest business city. Because 25 in East Asia and the Pacific, 25 in Eastern Europe standard assumptions are used in the data collection, and Central Asia, 20 in the Middle East and North comparisons and benchmarks are valid across Africa and 8 in South Asia, as well as 31 OECD high- economies. The data not only highlight the extent of income economies. The indicators are used to analyze obstacles to doing business; they also help identify the economic outcomes and identify what reforms have source of those obstacles, supporting policy makers in worked, where and why. designing regulatory reform. This regional profile presents the Doing Business More information is available in the full report. Doing indicators for economies in Small Island States. It also Business 2014 presents the indicators, analyzes their shows the regional average, the best performance relationship with economic outcomes and globally for each indicator and data for the following recommends regulatory reforms. The data, along with comparator regions: Caribbean States, Common information on ordering the Doing Business 2014 Market for Eastern and Southern Africa (COMESA), East report, are available on the Doing Business website at Asia and the Pacific (EAP), Latin America and Southern http://www.doingbusiness.org. Doing Business 2014 SMALL ISLAND STATES 5 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s The ranking on each topic is the simple average of regulatory environment for business, a good place to the percentile rankings on its component start is to find out how it compares with the indicators (see the data notes for more details). regulatory environment in other economies. Doing The aggregate ranking on the ease of doing Business provides an aggregate ranking on the ease business benchmarks each economy’s of doing business based on indicator sets that performance on the indicators against that of all measure and benchmark regulations applying to other economies in the Doing Business sample domestic small to medium-size businesses through (figure 1.1). While this ranking tells much about their life cycle. Economies are ranked from 1 to 189 the business environment in an economy, it does by the ease of doing business index. For each not tell the whole story. The ranking on the ease of economy the index is calculated as the ranking on the doing business, and the underlying indicators, do simple average of its percentile rankings on each of not measure all aspects of the business the 10 topics included in the index in Doing Business environment that matter to firms and investors or 2014: starting a business, dealing with construction that affect the competitiveness of the economy. permits, getting electricity, registering property, Still, a high ranking does mean that the getting credit, protecting investors, paying taxes, government has created a regulatory environment trading across borders, enforcing contracts and conducive to operating a business. resolving insolvency. Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 6 THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy stands regional average (figure 1.2). Another perspective is in the aggregate ranking on the ease of doing business is provided by the regional average rankings on the topics useful. Also useful is to know how it ranks compared with included in the ease of doing business index (figure 1.3). other economies in the region and compared with the Figure 1.2 How economies in Small Island States rank on the ease of doing business *The economy with the best performance globally is included as a benchmark. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 7 THE BUSINESS ENVIRONMENT Figure 1.3 How Small Island States ranks on Doing Business topics Regional average ranking Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 8 Figure 1.4 How far has Small Island States come in the areas measured by Doing Business? Note: The distance to frontier measure shows how far on average a region is from the best performance achieved by any region on each Doing Business indicator since 2005, except for the getting electricity indicators, which were introduced in 2009. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the frontier). The overall distance to frontier is the average of the distance to frontier in the first 9 indicator sets shown in the figure and does not include getting electricity. Data on the overall distance to frontier including getting electricity is available at http://www.doingbusiness.org/data/distance-to-frontier. See the data notes for more details on the distance to frontier measure. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 9 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing more significant impact as measured by Doing business tells only part of the story, so do changes in Business. that ranking. Yearly movements in rankings can The absolute values of the indicators tell another part provide some indication of changes in an economy’s of the story (table 1.1). Policy makers can learn much regulatory environment for firms, but they are always by comparing the indicators for their economy with relative. An economy’s ranking might change because those for the lowest- and highest-scoring economies of developments in other economies. An economy that in the region as well as those for the best performers implemented business regulation reforms may fail to globally. These comparisons may reveal unexpected rise in the rankings (or may even drop) if it is passed strengths in an area of business regulation—such as a by others whose business regulation reforms had a regulatory process that can be completed with a small number of procedures in a few days and at a low cost. Table 1.1 Summary of Doing Business indicators for Small Island States Lowest regional Best regional Best global Indicator Regional average performance performance performance Starting a Business 187 (Haiti) 3 (Singapore) 91 1 (New Zealand) (rank) Procedures (number) 12 (Haiti) 3 (Singapore) 7 1 (New Zealand)* Time (days) 97.0 (Haiti) 3.0 (Singapore) 25.4 1.0 (New Zealand) Cost (% of income per 264.8 (Haiti) 0.6 (Singapore) 29.5 0.0 (Slovenia) capita) Paid-in Min. Capital (% 281.2 (São Tomé and 0.0 (22 Economies*) 24.4 0.0 (112 Economies*) of income per capita) Príncipe ) Dealing with 165 (Papua New 1 (Hong Kong SAR, Construction Permits 3 (Singapore) 69 Guinea) China) (rank) 6 (Hong Kong SAR, Procedures (number) 22 (Palau) 7 (St. Lucia) 13 China) Time (days) 1,129.0 (Haiti) 26.0 (Singapore) 182.2 26.0 (Singapore) Cost (% of income per 627.1 (Haiti) 5.2 (St. Kitts and Nevis) 111.5 1.1 (Qatar) capita) Getting Electricity (8 Economies*) 6 (Singapore) 76 1 (Iceland) (rank) Procedures (number) 7 (3 Economies*) 3 (4 Economies*) 5 3 (10 Economies*) 470 (Micronesia, Fed. Time (days) 18 (St. Kitts and Nevis) 90 17 (Germany) Sts.) Cost (% of income per 5,296.4 (Kiribati) 7.0 (Trinidad and 828.6 0.0 (Japan) Doing Business 2014 SMALL ISLAND STATES 10 Lowest regional Best regional Best global Indicator Regional average performance performance performance capita) Tobago) Registering Property (3 Economies*) 20 (Palau) 120 1 (Georgia) (rank) Procedures (number) 10 (Solomon Islands) 4 (7 Economies*) 6 1 (4 Economies*) Time (days) 513.0 (Kiribati) 5.5 (Singapore) 80.4 1.0 (New Zealand)* Cost (% of property 16.2 (Maldives) 0.0 (Kiribati) 7.6 0.0 (5 Economies*) value) 186 (São Tomé and Getting Credit (rank) 3 (Singapore) 108 1 (Malaysia)* Príncipe ) Strength of legal 2 (Timor-Leste)* 10 (Singapore) 6 10 (10 Economies*) rights index (0-10) Depth of credit 2 (3 Economies*) 6 (Mauritius)* 4 6 (31 Economies*) information index (0-6) Public registry 1.1 (Haiti) 69.2 (Mauritius) 28.4 100.0 (Portugal)* coverage (% of adults) Private bureau 2.8 (Papua New Guinea) 72.9 (Fiji) 38.7 100.0 (22 Economies*) coverage (% of adults) Protecting Investors 178 (Micronesia, Fed. 2 (Singapore) 84 1 (New Zealand) (rank) Sts.)* Extent of disclosure 0 (3 Economies*) 10 (Singapore) 4 10 (10 Economies*) index (0-10) Extent of director 0 (3 Economies*) 9 (Singapore)* 5 10 (Cambodia) liability index (0-10) Ease of shareholder 4 (Haiti)* 9 (Singapore)* 7 10 (3 Economies*) suits index (0-10) Strength of investor 2.7 (Micronesia, Fed. 9.3 (Singapore) 5.3 9.7 (New Zealand) protection index (0-10) Sts.)* Paying Taxes (rank) 168 (Jamaica) 5 (Singapore) 81 1 (United Arab Emirates) Payments (number per 57 (Antigua and 3 (Hong Kong SAR, 5 (Singapore) 28 year) Barbuda) China)* 424 (São Tomé and 12 (United Arab Time (hours per year) 58 (Bahamas, The) 181 Príncipe ) Emirates) Trading Across 151 (Haiti) 1 (Singapore) 80 1 (Singapore) Borders (rank) Documents to export 9 (Fiji)* 3 (Singapore) 6 2 (Ireland)* (number) Doing Business 2014 SMALL ISLAND STATES 11 Lowest regional Best regional Best global Indicator Regional average performance performance performance Time to export (days) 33 (Haiti) 6 (Singapore) 18 6 (5 Economies*) Cost to export (US$ per 1,625 (Maldives) 460 (Singapore) 932 450 (Malaysia) container) Documents to import 10 (4 Economies*) 3 (Singapore) 7 2 (Ireland)* (number) Time to import (days) 32 (Papua New Guinea) 4 (Singapore) 19 4 (Singapore) Cost to import (US$ 2,615 (St. Kitts and 440 (Singapore) 1,216 440 (Singapore) per container) Nevis) Enforcing Contracts 189 (Timor-Leste) 12 (Singapore) 109 1 (Luxembourg) (rank) Time (days) 1,340 (Barbados)* 150 (Singapore) 633 150 (Singapore) Cost (% of claim) 163.2 (Timor-Leste) 15.4 (Seychelles) 42.6 0.1 (Bhutan) Procedures (number) 51 (Timor-Leste) 21 (Singapore) 39 21 (Singapore)* Resolving Insolvency 168 (Micronesia, Fed. 4 (Singapore) 114 1 (Japan) (rank) Sts.) 6.2 (São Tomé and Time (years) 0.8 (Singapore) 2.5 0.4 (Ireland) Príncipe ) Cost (% of estate) 38 (6 Economies*) 3 (Singapore) 20 1 (Norway) Recovery rate (cents on 3.4 (Micronesia, Fed. 89.4 (Singapore) 26.9 92.8 (Japan) the dollar) Sts.) * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 12 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for INDICATORS MEASURE business owners and employees. Legal entities outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as Preregistration (for example, name well as to new markets. And their employees can verification or reservation, notarization) benefit from protections provided by the law. An Registration in the economy’s largest additional benefit comes with limited liability business city companies. These limit the financial liability of company owners to their investments, so personal Postregistration (for example, social security assets of the owners are not put at risk. registration, company seal) Where governments make this process easy, more Time required to complete each procedure entrepreneurs start businesses in the formal sector, (calendar days) creating more good jobs and generating more Does not include time spent gathering revenue for the government. information What do the indicators cover? Each procedure starts on a separate day (2 procedures cannot start on the same day). Doing Business measures the ease of starting a Procedures that can be fully completed business in an economy by recording all online are an exception to this rule. procedures officially required or commonly done in practice by an entrepreneur to start up and Procedure considered completed once final document is received formally operate an industrial or commercial business—as well as the time and cost required to No prior contact with officials complete these procedures. It also records the paid-in minimum capital that companies must Cost required to complete each procedure deposit before registration. The ranking on the (% of income per capita) ease of starting a business is the simple average of Official costs only, no bribes the percentile rankings on the 4 component No professional fees unless services required indicators: procedures, time, cost and paid-in by law minimum capital requirement. Paid-in minimum capital (% of income To make the data comparable across economies, per capita) Doing Business uses several assumptions about the business and the procedures. It assumes that all Funds deposited in a bank or with a notary before registration (or within 3 months) information is readily available to the entrepreneur and that there has been no prior contact with • Conducts general commercial or industrial officials. It also assumes that the entrepreneur will activities. pay no bribes. And it assumes that the business: • Has a start-up capital of 10 times income per • Is a 100% domestically owned limited liability capita and has a turnover of at least 100 times company, located in the largest business city. income per capita. • Has between 10 and 50 employees. • Does not qualify for any special benefits. • Does not own real estate. Doing Business 2014 SMALL ISLAND STATES 13 STARTING A BUSINESS Where do the region’s economies stand today? How easy is it for entrepreneurs in economies in Small suggest an answer (figure 2.1). The average ranking of Island States to start a business? The global rankings the region and comparator regions provide a useful of these economies on the ease of starting a business benchmark. Figure 2.1 How economies in Small Island States rank on the ease of starting a business Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 14 STARTING A BUSINESS The indicators underlying the rankings may be more cost and the paid-in minimum capital requirement revealing. Data collected by Doing Business show (figure 2.2). Comparing these indicators across the what it takes to start a business in each economy in region and with averages both for the region and for the region: the number of procedures, the time, the comparator regions can provide useful insights. Figure 2.2 What it takes to start a business in economies in Small Island States Procedures (number) Doing Business 2014 SMALL ISLAND STATES 15 STARTING A BUSINESS Time (days) Doing Business 2014 SMALL ISLAND STATES 16 STARTING A BUSINESS Cost (% of income per capita) Doing Business 2014 SMALL ISLAND STATES 17 STARTING A BUSINESS Paid-in minimum capital (% of income per capita) Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 18 STARTING A BUSINESS What are the changes over time? Economies around the world have taken steps making stages—and often as part of a larger regulatory reform it easier to start a business—streamlining procedures program. Among the benefits have been greater firm by setting up a one-stop shop, making procedures satisfaction and savings and more registered simpler or faster by introducing technology, and businesses, financial resources and job opportunities. reducing or eliminating minimum capital requirements. What business registration reforms has Doing Business Many have undertaken business registration reforms in recorded in Small Island States (table 2.1)? Table 2.1 How have economies in Small Island States made starting a business easier—or not? By Doing Business report year DB year Economy Reform The Dominican Republic shortened the time to register a DB2008 Dominican Republic company by simplifying the name registration process and introducing online tax registration. Mauritius made starting a business faster by implementing a DB2008 Mauritius centralized database linking the company registry with tax, social security, and local authorities. Approvals by the Ministry of Land were eliminated, removing DB2008 Timor-Leste one procedure and reducing the number of days required to start a company. A virtual facility was established were registration formalities DB2009 Dominican Republic could be completed online, and tax cost was reduced substantially. On-line reforms further simplified registration process and DB2009 Mauritius formalities were streamlined reducing the number of procedures. Online start-up process simplification reduced the number of DB2009 Singapore procedures and days. DB2009 Tonga New license regulations reforms have reduced time and cost. Cape Verde eased the business startup process by DB2010 Cape Verde implementing an company online registration system. Samoa eased the starting a business process by passing a DB2010 Samoa new company act that removed the minimum capital requirement, and simplified various other procedures. Singapore further simplified business start up by making it DB2010 Singapore possible to incorporate the company and register for taxes simultaneously and seamlessly using the same online form. Doing Business 2014 SMALL ISLAND STATES 19 DB year Economy Reform St. Lucia eased up the business start- up process by making it DB2010 St. Lucia possible to reserve/ check availability of company name on- line. St Vincent eased business start up process by abolishing the DB2010 St. Vincent and the Grenadines requirement to have a company rubber seal. Cape Verde made business start-up easier by eliminating the need for a municipal inspection before a business begins DB2011 Cape Verde operations and computerizing the system for delivering the municipal license. The Dominican Republic made it more difficult to start a business by setting a minimum capital requirement of DB2011 Dominican Republic 100,000 Dominican pesos ($2,855) for its new type of company, sociedad de responsabilidad limitada (limited liability company). Grenada eased business start-up by transferring responsibility DB2011 Grenada for the commercial registry from the courts to the civil administration. Haiti eased business start-up by eliminating the review by the DB2011 Haiti president’s or the prime minister’s office of the incorporation act submitted for publication. São Tomé and Principe made starting a business more DB2011 São Tomé and Príncipe difficult by introducing a minimum capital requirement for limited liability companies. Comoros made the process of starting a business more DB2012 Comoros difficult by increasing the minimum capital requirement. The Dominican Republic made starting a business easier by DB2012 Dominican Republic eliminating the requirement for a proof of deposit of capital when establishing a new company. Fiji made starting a business more difficult by adding a DB2012 Fiji requirement to obtain a tax identification number when registering a new company. São Tomé and Príncipe made starting a business easier by establishing a one-stop shop, eliminating the requirement for DB2012 São Tomé and Príncipe an operating license for general commercial companies and simplifying publication requirements. The Solomon Islands made starting a business easier by DB2012 Solomon Islands implementing an online registration process. Tonga made starting a business easier by implementing an electronic system at the registry, which reduced the time required for verification of the uniqueness of the company DB2012 Tonga name and for registration of the company. The costs for the name search, company registration and business license increased, however. Doing Business 2014 SMALL ISLAND STATES 20 DB year Economy Reform Vanuatu made starting a business easier by reducing the time required for company registration at the Vanuatu Financial DB2012 Vanuatu Services Commission and issuing provisional licenses at the Department of Customs. Timor-Leste made starting a business faster by improving the DB2012 Timor-Leste registration process. The Comoros made starting a business easier and less costly by replacing the requirement for a copy of the founders’ DB2013 Comoros criminal records with one for a sworn declaration at the time of the company’s registration and by reducing the fees to incorporate a company. Fiji made starting a business more difficult by requiring new companies applying for a business license to obtain a DB2013 Fiji certificate from the national fire authority and a letter of compliance from the Ministry of Labor. Cape Verde made starting a business easier by abolishing the DB2014 Cape Verde minimum capital requirement. Comoros made starting a business easier by eliminating the DB2014 Comoros requirement to deposit the minimum capital in a bank before incorporation. Jamaica made starting a business easier by enabling the DB2014 Jamaica Companies Office of Jamaica to stamp the new company’s articles of incorporation at registration. Trinidad and Tobago made starting a business easier by DB2014 Trinidad and Tobago merging the statutory declaration of compliance into the standard articles of incorporation form. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 21 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid PERMITS INDICATORS MEASURE excessive constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in Procedures to legally build a warehouse (number) time and money, many builders opt out. They may pay bribes to pass inspections or simply build Submitting all relevant documents and illegally, leading to hazardous construction that obtaining all necessary clearances, licenses, puts public safety at risk. Where compliance is permits and certificates simple, straightforward and inexpensive, everyone Submitting all required notifications and is better off. receiving all necessary inspections What do the indicators cover? Obtaining utility connections for water, sewerage and a land telephone line Doing Business records the procedures, time and cost for a business in the construction industry to Registering the warehouse after its obtain all the necessary approvals to build a simple completion (if required for use as collateral or commercial warehouse in the economy’s main city, for transfer of warehouse) connect it to basic utilities and register the Time required to complete each procedure property so that it can be used as collateral or (calendar days) transferred to another entity. Does not include time spent gathering The ranking on the ease of dealing with information construction permits is the simple average of the Each procedure starts on a separate day. percentile rankings on its component indicators: Procedures that can be fully completed online procedures, time and cost. are an exception to this rule. To make the data comparable across economies, Procedure completed once final document is Doing Business uses several assumptions about the received business and the warehouse, including the utility No prior contact with officials connections. The business: Cost required to complete each procedure (% of income per capita) • Is a limited liability company operating in Official costs only, no bribes the construction business and located in the largest business city. • Will be connected to water, sewerage (sewage system, septic tank or their • Is domestically owned and operated. equivalent) and a fixed telephone line. • Has 60 builders and other employees. • The connection to each utility network will be The warehouse: 10 meters (32 feet, 10 inches) long. • Is a new construction (there was no • Will be used for general storage, such as of previous construction on the land). books or stationery (not for goods requiring special conditions). • Has complete architectural and technical plans prepared by a licensed architect or • Will take 30 weeks to construct (excluding all engineer. delays due to administrative and regulatory requirements). Doing Business 2014 SMALL ISLAND STATES 22 DEALING WITH CONSTRUCTION PERMITS Where do the region’s economies stand today? How easy it is for entrepreneurs in economies in Small with construction permits suggest an answer (figure Island States to legally build a warehouse? The global 3.1). The average ranking of the region and rankings of these economies on the ease of dealing comparator regions provide a useful benchmark. Figure 3.1 How economies in Small Island States rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 23 DEALING WITH CONSTRUCTION PERMITS The indicators underlying the rankings may be more of procedures, the time and the cost (figure 3.2). revealing. Data collected by Doing Business show what Comparing these indicators across the region and with it takes to comply with formalities to build a averages both for the region and for comparator warehouse in each economy in the region: the number regions can provide useful insights. Figure 3.2 What it takes to comply with formalities to build a warehouse in economies in Small Island States Procedures (number) Doing Business 2014 SMALL ISLAND STATES 24 DEALING WITH CONSTRUCTION PERMITS Time (days) Doing Business 2014 SMALL ISLAND STATES 25 DEALING WITH CONSTRUCTION PERMITS Cost (% of income per capita) * Indicates a “no practice” mark. See the data notes for details. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 26 DEALING WITH CONSTRUCTION PERMITS What are the changes over time? Smart regulation ensures that standards are met while building safety while keeping compliance costs making compliance easy and accessible to all. reasonable, governments around the world have Coherent and transparent rules, efficient processes and worked on consolidating permitting requirements. adequate allocation of resources are especially What construction permitting reforms has Doing important in sectors where safety is at stake. Business recorded in Small Island States (table 3.1)? Construction is one of them. In an effort to ensure Table 3.1 How have economies in Small Island States made dealing with construction permits easier—or not? By Doing Business report year DB year Economy Reform Mauritius made obtaining construction permits easier by combining procedures of getting development permit and DB2008 Mauritius building permit, and it also set up an official time frame to process the permit application. The City Council adopted new regulations that added three DB2009 Fiji new pre-approval procedures related to health, fire safety, and water and sewage connections. As part of an initiative to improve administrative efficiency, the Government introduced a statutory time limit for the DB2009 Jamaica issuance of building permits, reducing the time to build a warehouse by 80 days. Singapore made obtaining construction permits easier by DB2009 Singapore improving internal electronic process of data management and processing. Tonga made obtaining construction permits easier by DB2009 Tonga simplifying procedures and reducing the time to deal with building permits by 15 days. Singapore has further eased the process of dealing with construction permits with a new Workplace Safety & Health DB2010 Singapore Regulations that allow low risk industries to submit documents on-line. Due to fee increases and high prices on constructions DB2010 Solomon Islands materials, the cost for obtaining a construction permit increased significantly in the Solomon Islands. DB2012 Haiti Haiti made dealing with construction permits costlier by Doing Business 2014 SMALL ISLAND STATES 27 DB year Economy Reform increasing the fees to obtain a building permit. São Tomé and Príncipe made dealing with construction DB2012 São Tomé and Príncipe permits easier by reducing the time required to process building permit applications. Trinidad and Tobago made dealing with construction DB2012 Trinidad and Tobago permits costlier by increasing the fees for building permit approvals. Vanuatu made dealing with construction permits more DB2012 Vanuatu difficult by increasing the number of procedures and the cost to obtain a building permit. Fiji made obtaining a construction permit more expensive by DB2013 Fiji implementing a fee for the fire department clearance. São Tomé and Príncipe made obtaining a construction DB2013 São Tomé and Príncipe permit more expensive by increasing the fees. Vanuatu made obtaining a construction permit more cumbersome by making a preliminary environmental DB2013 Vanuatu assessment mandatory and made it more expensive by increasing the fees. Malta made dealing with construction permits less costly by DB2014 Malta significantly reducing the building permit fees. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 28 GETTING ELECTRICITY Access to reliable and affordable electricity is vital WHAT THE GETTING ELECTRICITY for businesses. To counter weak electricity supply, many firms in developing economies have to rely INDICATORS MEASURE on self-supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the Procedures to obtain an electricity first step for a customer is always to gain access by connection (number) obtaining a connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for Completing all required notifications and a local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized Obtaining external installation works and warehouse, as well as the time and cost to possibly purchasing material for these works complete them. These procedures include Concluding any necessary supply contract and applications and contracts with electricity utilities, obtaining final supply clearances from other agencies and the external and final connection works. The ranking on the Time required to complete each procedure ease of getting electricity is the simple average of (calendar days) the percentile rankings on its component Is at least 1 calendar day indicators: procedures, time and cost. To make the Each procedure starts on a separate day data comparable across economies, several assumptions are used. Does not include time spent gathering information The warehouse: Reflects the time spent in practice, with little • Is located in the economy’s largest follow-up and no prior contact with officials business city, in an area where other Cost required to complete each procedure (% warehouses are located. of income per capita) • Is not in a special economic zone where Official costs only, no bribes the connection would be eligible for subsidization or faster service. Excludes value added tax • Has road access. The connection works involve the crossing of a road or roads but are carried out on public land. • Is 150 meters long. • Is a new construction being connected to • Is to either the low-voltage or the medium- electricity for the first time. voltage distribution network and either • Has 2 stories, both above ground, with a overhead or underground, whichever is more total surface of about 1,300.6 square common in the economy and in the area meters (14,000 square feet), and is built on where the warehouse is located. The length a plot of 929 square meters (10,000 square of any connection in the customer’s private feet). domain is negligible. The electricity connection: • Requires crossing of a 10-meter road but all the works are carried out in a public land, so • Is a 3-phase, 4-wire Y, 140-kilovolt-ampere there is no crossing into other people's (kVA) (subscribed capacity) connection. private property. Doing Business 2014 SMALL ISLAND STATES 29 • Involves installing one electricity meter. The monthly electricity consumption will be 0.07 gigawatt-hour (GWh). The internal electrical wiring has been completed. Doing Business 2014 SMALL ISLAND STATES 30 GETTING ELECTRICITY Where do the region’s economies stand today? How easy is it for entrepreneurs in economies in Small average ranking of the region and comparator regions Island States to connect a warehouse to electricity? provide a useful benchmark. The global rankings of these economies on the ease of getting electricity suggest an answer (figure 4.1). The Figure 4.1 How economies in Small Island States rank on the ease of getting electricity Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 31 GETTING ELECTRICITY The indicators underlying the rankings may be more time and the cost (figure 4.2). Comparing these revealing. Data collected by Doing Business show what indicators across the region and with averages both for it takes to get a new electricity connection in each the region and for comparator regions can provide economy in the region: the number of procedures, the useful insights. Figure 4.2 What it takes to get an electricity connection in economies in Small Island States Procedures (number) Doing Business 2014 SMALL ISLAND STATES 32 GETTING ELECTRICITY Time (days) Doing Business 2014 SMALL ISLAND STATES 33 GETTING ELECTRICITY Cost (% of income per capita) Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 34 GETTING ELECTRICITY What are the changes over time? Obtaining an electricity connection is essential to safety in the connection process while keeping enable a business to conduct its most basic connection costs reasonable, governments around the operations. In many economies the connection world have worked to consolidate requirements for process is complicated by the multiple laws and obtaining an electricity connection. What reforms in regulations involved—covering service quality, general getting electricity has Doing Business recorded in safety, technical standards, procurement practices and Small Island States (table 4.1)? internal wiring installations. In an effort to ensure Table 4.1 How have economies in Small Island States made getting electricity easier—or not? By Doing Business report year DB year Economy Reform Tonga made getting electricity faster by implementing a time DB2012 Tonga limit for the safety inspection. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 35 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal Procedures to legally transfer title on again. And where property is informal or poorly immovable property (number) administered, it has little chance of being accepted as collateral for loans—limiting access to Preregistration procedures (for example, finance. checking for liens, notarizing sales agreement, paying property transfer taxes) What do the indicators cover? Registration procedures in the economy’s Doing Business records the full sequence of largest business city procedures necessary for a business to purchase Postregistration procedures (for example, filing property from another business and transfer the title with the municipality) property title to the buyer’s name. The transaction Time required to complete each procedure is considered complete when it is opposable to (calendar days) third parties and when the buyer can use the property, use it as collateral for a bank loan or Does not include time spent gathering resell it. The ranking on the ease of registering information property is the simple average of the percentile Each procedure starts on a separate day. rankings on its component indicators: procedures, Procedures that can be fully completed online time and cost. are an exception to this rule. To make the data comparable across economies, Procedure considered completed once final several assumptions about the parties to the document is received transaction, the property and the procedures are No prior contact with officials used. Cost required to complete each procedure (% The parties (buyer and seller): of property value) • Are limited liability companies, 100% Official costs only, no bribes domestically and privately owned. No value added or capital gains taxes included • Are located in the periurban area of the economy’s largest business city. • Have 50 employees each, all of whom are nationals. • Has no mortgages attached and has been under the same ownership for the past 10 • Perform general commercial activities. years. The property (fully owned by the seller): • Consists of 557.4 square meters (6,000 square • Has a value of 50 times income per capita. feet) of land and a 10-year-old, 2-story The sale price equals the value. warehouse of 929 square meters (10,000 square feet). The warehouse is in good • Is registered in the land registry or condition and complies with all safety cadastre, or both, and is free of title standards, building codes and legal disputes. requirements. There is no heating system. The • Is located in a periurban commercial zone, property will be transferred in its entirety. and no rezoning is required. Doing Business 2014 SMALL ISLAND STATES 36 REGISTERING PROPERTY Where do the region’s economies stand today? How easy is it for entrepreneurs in economies in Small suggest an answer (figure 5.1). The average ranking of Island States to transfer property? The global rankings the region and comparator regions provide a useful of these economies on the ease of registering property benchmark. Figure 5.1 How economies in Small Island States rank on the ease of registering property Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 37 REGISTERING PROPERTY The indicators underlying the rankings may be more the time and the cost (figure 5.2). Comparing these revealing. Data collected by Doing Business show indicators across the region and with averages both what it takes to complete a property transfer in each for the region and for comparator regions can economy in the region: the number of procedures, provide useful insights. Figure 5.2 What it takes to register property in economies in Small Island States Procedures (number) Doing Business 2014 SMALL ISLAND STATES 38 REGISTERING PROPERTY Time (days) Doing Business 2014 SMALL ISLAND STATES 39 REGISTERING PROPERTY Cost (% of property value) * Indicates a “no practice” mark. See the data notes for details. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 40 REGISTERING PROPERTY What are the changes over time? Economies worldwide have been making it easier for buyers to use or mortgage their property earlier. What entrepreneurs to register and transfer property—such property registration reforms has Doing Business as by computerizing land registries, introducing time recorded in Small Island States (table 5.1)? limits for procedures and setting low fixed fees. Many have cut the time required substantially—enabling Table 5.1 How have economies in Small Island States made registering property easier—or not? By Doing Business report year DB year Economy Reform The Dominican Republic adopted several laws making DB2008 Dominican Republic registering property easier by streamlining its processes Haiti made registering a property simpler by streamlining the DB2008 Haiti process at the tax authorities Mauritius made registering property cheaper by reducing the DB2008 Mauritius property registration fee. Vanuatu made registering a property more expensive by DB2008 Vanuatu increasing the registration fees for the Deed of Transfer at the Department of Lands Records The Bahamas made transferring property faster by DB2009 Bahamas, The introducing a computerized system at the Registry of Records. The Dominican Republic adopted an Efficient tax collection law to reduce and simplify the taxes collected by the tax DB2009 Dominican Republic authority in property transactions. As a result, taxes are reduced from around 4.3% of property value to a single 3% transfer tax. Jamaica reduced the property transfer tax from 7.5% to 6% of the property value and the stamp duty from 5.5% to 4.5% of DB2009 Jamaica property value. As a result, the cost to transfer a property in Jamaica has decreased from 13.51% to 11.02% of property value. DB2009 Mauritius Mauritius abolished two procedures, the requirement to Doing Business 2014 SMALL ISLAND STATES 41 DB year Economy Reform obtain clearance certificate from the Waste Water Authority and to obtain a tax clearance certificate for municipal taxes. This reform has reduced the number of procedures required to transfer property in Mauritius from 6 to 4. Jamaica reduced the property transfer tax from 6.5% to 5% of DB2010 Jamaica the value of the property. Mauritius has made it easier to register property by setting a DB2010 Mauritius statutory time limit of 15 days to obtain the final property title from the Land Registry Singapore eased property registration by improving its DB2010 Singapore computerized system In Antigua and Barbuda, to transfer property now requires DB2011 Antigua and Barbuda clearance by the chief surveyor to avoid mischievous declarations. Cape Verde eased property registration by switching from DB2011 Cape Verde fees based on a percentage of the property value to lower fixed rates. The appointment of a registrar focusing only on property cut DB2011 Grenada the time needed to transfer property in Grenada by almost half. Jamaica eased the transfer of property by lowering transfer taxes and fees, offering expedited registration procedures DB2011 Jamaica and making information from the company registrar available online. Maldives now allows registered companies to own land as DB2011 Maldives long as all company shares are owned by Maldivians. Samoa shifted from a deed system to a title system and fully DB2011 Samoa computerized its land registry, which reduced the time required to register property by 4 months. The Bahamas made transferring property more costly by DB2012 Bahamas, The increasing the applicable stamp duty fees. Doing Business 2014 SMALL ISLAND STATES 42 DB year Economy Reform Cape Verde made registering property faster by DB2012 Cape Verde implementing time limits for the notaries and the land registry. São Tomé and Príncipe made registering property less costly DB2012 São Tomé and Príncipe by lowering property transfer taxes. The Solomon Islands made registering property faster by DB2012 Solomon Islands separating the land registry from the business and movable property registries. DB2012 Tonga Tonga made transferring property more costly. Vanuatu made registering property easier by computerizing DB2012 Vanuatu the land registry. The Comoros made it easier to transfer property by reducing DB2013 Comoros the property transfer tax. Fiji made transferring property more difficult by requiring parties to a property transaction to obtain a capital gains tax DB2013 Fiji clearance certificate from the Fiji Revenue and Customs Authority. Mauritius made property transfers faster by implementing an DB2013 Mauritius electronic information management system at the Registrar- General’s Department. In Trinidad and Tobago property transfers became faster DB2013 Trinidad and Tobago thanks to speedier issuance of clearance certificates by the Water and Sewerage Authority. The Bahamas made transferring property easier by reducing DB2014 Bahamas, The the stamp duty. Cape Verde made property transfers faster by digitizing its DB2014 Cape Verde land registry. Jamaica made transferring property more difficult by DB2014 Jamaica increasing the transfer tax and the stamp duty. DB2014 Samoa Samoa made transferring property more expensive by Doing Business 2014 SMALL ISLAND STATES 43 DB year Economy Reform increasing the stamp duty. Singapore made transferring property easier by introducing DB2014 Singapore an online procedure for property transfers. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 44 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and the borrowers and lenders’ rights in collateral and bankruptcy laws. Credit information Strength of legal rights index (0–10) systems enable lenders to view a potential borrower’s financial history (positive or negative)— Protection of rights of borrowers and lenders valuable information to consider when assessing through collateral laws risk. And they permit borrowers to establish a good Protection of secured creditors’ rights through credit history that will allow easier access to credit. bankruptcy laws Sound collateral laws enable businesses to use their assets, especially movable property, as security to Depth of credit information index (0–6) generate capital—while strong creditors’ rights Scope and accessibility of credit information have been associated with higher ratios of private distributed by public credit registries and sector credit to GDP. private credit bureaus What do the indicators cover? Public credit registry coverage (% of adults) Doing Business assesses the sharing of credit Number of individuals and firms listed in information and the legal rights of borrowers and public credit registry as percentage of adult lenders with respect to secured transactions population through 2 sets of indicators. The depth of credit information index measures rules and practices Private credit bureau coverage (% of adults) affecting the coverage, scope and accessibility of Number of individuals and firms listed in credit information available through a public credit largest private credit bureau as percentage of registry or a private credit bureau. The strength of adult population legal rights index measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses case scenarios to determine the scope of the • Has up to 100 employees. secured transactions system, involving a secured • Is 100% domestically owned, as is the lender. borrower and a secured lender and examining legal The ranking on the ease of getting credit is based on restrictions on the use of movable collateral. These the percentile rankings on the sum of its component scenarios assume that the borrower: indicators: the depth of credit information index and • Is a private, incorporated, limited liability the strength of legal rights index. company. • Has its headquarters and only base of operations in the largest business city. Doing Business 2014 SMALL ISLAND STATES 45 GETTING CREDIT Where do the region’s economies stand today? How well do the credit information systems and credit suggest an answer (figure 6.1). The average collateral and bankruptcy laws in economies in Small ranking of the region and comparator regions provide Island States facilitate access to credit? The global a useful benchmark. rankings of these economies on the ease of getting Figure 6.1 How economies in Small Island States rank on the ease of getting credit Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 46 GETTING CREDIT Another way to assess how well regulations and particular score on the strength of legal rights index. institutions support lending and borrowing in the Figure 6.3 shows the same thing for the depth of credit region is to look at the distribution of its economies by information index. Higher scores indicate stronger their scores on the getting credit indicators. Figure 6.2 legal rights for borrowers and lenders and more credit shows how many economies in the region received a information. Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How extensive—and how accessible—is and lenders in economies in Small Island States? credit information in economies in Small Island States? Number of economies in region with each score on strength Number of economies in region with each score on depth of of legal rights index (0–10) credit information index (0–6) Note: Higher scores indicate that collateral and bankruptcy Note: Higher scores indicate the availability of more credit laws are better designed to facilitate access to credit. information, from either a credit registry or a credit bureau, Source: Doing Business database. to facilitate lending decisions. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 47 GETTING CREDIT What are the changes over time? When economies strengthen the legal rights of lenders credit information, they can increase entrepreneurs’ and borrowers under collateral and bankruptcy laws, access to credit. What credit reforms has Doing and increase the scope, coverage and accessibility of Business recorded in Small Island States (table 6.1)? Table 6.1 How have economies in Small Island States made getting credit easier—or not? By Doing Business report year DB year Economy Reform Unified registry exists for all security rights in movable DB2008 Micronesia, Fed. Sts. property, and all types of movable assets can be used as collateral and be described generically. Utility companies are now included as providers of DB2008 Trinidad and Tobago information to credit bureaus increasing the credit information index. The public credit registry in Mauritius eliminated the minimum loan requirement threshold to report credits in DB2009 Mauritius March 2007. The credit registry now captures information on all credits extended by the financial system. Vanuatu passed the Personal Property Securities Act and created a special electronic registry for it. ( The registry was not yet in operation at the time of publication). The Act broadens the scope of assets that can be used as collateral; providing that after-acquired property may be used as collateral and extends the security interest of the creditor to DB2009 Vanuatu the proceeds of the original asset. It also increases creditor protection by ensuring that secured creditors have priority outside of bankruptcy procedures; over unsecured creditors and subsequently over secured creditors in order of registration. Out-of-court enforcement, allowing the creditor to take and sell the asset, is now also possible. Cape Verde improved its access to credit information by introducing on-line capacities for providers and retrievers of DB2010 Cape Verde information. At the same time, Cape Verde raised the minimum loan threshold for individuals from 1000 CVE to 5000 CVE. Haiti strengthened access to credit with a new law that DB2010 Haiti broadens the scope of assets that can be used as collateral, provides that future and after-acquired property may be used Doing Business 2014 SMALL ISLAND STATES 48 DB year Economy Reform as collateral , and extends the security interest of the creditor automatically to the products, proceeds and replacements of the original asset. Mauritius has strengthened access to credit information by allowing the licensing of private credit information bureaus, DB2010 Mauritius and by expanding the coverge of the bureau to all credit facilities. The companies act of 2001 and the securities act became enforced as of July 2008. A corporation can now grant a DB2010 Samoa floating charge (debenture) over all its assets undertaking and goodwill and the security interest is automatically extended to products and proceeds for a floating charge. A unified collateral registry which is centralized DB2010 Vanuatu geographically became operational in Vanuatu strengthening access to credit and the secured transaction regime. The Marshall Islands improved access to credit through a new law on secured transactions that establishes a central collateral registry, broadens the range of assets that can be DB2011 Marshall Islands used as collateral, allows a general description of debts and obligations and assets granted as collateral and establishes clear priority rules outside bankruptcy for secured creditors. Operation of a new private credit bureau improved the credit DB2011 Papua New Guinea information system in Papua New Guinea. Singapore improved its credit information system by DB2011 Singapore collecting and distributing information on firms. The Solomon Islands strengthened access to credit by passing a new secured transactions law that broadens the range of assets that can be used as collateral, allows a general DB2011 Solomon Islands description of debts and obligations secured by collateral, permits out-of-court enforcement and creates a collateral registry. Cape Verde improved its credit information system by DB2012 Cape Verde introducing a new online platform and by starting to provide 5 years of historical data. Access to credit in Comoros was improved through DB2012 Comoros amendments to the OHADA Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security Doing Business 2014 SMALL ISLAND STATES 49 DB year Economy Reform interest to the proceeds of the original asset and introduce the possibility of out-of-court enforcement. Tonga strengthened its secured transactions system by passing a new law that allows a general description of the DB2012 Tonga obligation in the security agreement and gives secured creditors priority outside bankruptcy. Timor-Leste improved its credit information system by DB2012 Timor-Leste establishing a public credit registry. Mauritius improved access to credit information by starting to DB2013 Mauritius collect payment information from retailers and beginning to distribute both positive and negative information. Jamaica improved its credit information system by creating a DB2014 Jamaica legal and regulatory framework for private credit bureaus. Mauritius improved access to credit information by DB2014 Mauritius expanding the scope of credit information and increasing the coverage of the historical data distributed from 2 years to 3. Palau strengthened its secured transactions system through a new law that establishes a centralized collateral registry, DB2014 Palau broadens the range of assets that can be used as collateral to include future assets, allows a general description in the security agr Singapore improved its credit information system by DB2014 Singapore guaranteeing by law borrowers’ right to inspect their own data. Tonga improved access to credit information by establishing DB2014 Tonga a private credit bureau. Vanuatu improved access to credit information by DB2014 Vanuatu establishing a private credit bureau. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 50 PROTECTING INVESTORS Protecting investors matters for the ability of WHAT THE PROTECTING INVESTORS companies to raise the capital they need to grow, INDICATORS MEASURE innovate, diversify and compete. If the laws do not protect minority shareholders, investors may be Extent of disclosure index (0–10) reluctant to provide funding to companies through the purchase of shares unless they become the Approval process for related-party controlling shareholders. Effective regulations define transactions related-party transactions precisely, promote clear Disclosure requirements in case of related- and efficient disclosure requirements, require party transactions shareholder participation in major decisions of the company and set detailed standards of accountability Extent of director liability index (0–10) for company insiders. Ability of minority shareholders to file a direct or derivative lawsuit What do the indicators cover? Ability of minority shareholders to hold Doing Business measures the strength of minority interested parties and members of the shareholder protections against directors’ use of approving body liable for prejudicial related- corporate assets for personal gain—or self-dealing. party transactions The indicators distinguish 3 dimensions of investor Available legal remedies (damages, protections: transparency of related-party disgorgement of profits, fines, imprisonment transactions (extent of disclosure index), liability for and rescission of the transaction) self-dealing (extent of director liability index) and minority shareholders’ access to evidence before and Ease of shareholder suits index (0–10) during (ease of shareholder suits index). The ranking Access to internal corporate documents on the strength of investor protection index is the (directly or through a government inspector) simple average of the percentile rankings on these 3 indices. To make the data comparable across Documents and information available during trial economies, a case study uses several assumptions about the business and the transaction. Strength of investor protection index (0–10) The business (Buyer): Simple average of the extent of disclosure, extent of director liability and ease of • Is a publicly traded corporation listed on the shareholder suits indices economy’s most important stock exchange (or at least a large private company with multiple shareholders). • The price is higher than the going price for used trucks, but the transaction goes forward. • Has a board of directors and a chief executive officer (CEO) who may legally act on behalf of • All required approvals are obtained, and all Buyer where permitted, even if this is not required disclosures made, though the specifically required by law. transaction is prejudicial to Buyer. The transaction involves the following details: • Shareholders sue the interested parties and the members of the board of directors. • Mr. James, a director and the majority shareholder of the company, proposes that the company purchase used trucks from another company he owns. Doing Business 2014 SMALL ISLAND STATES 51 Doing Business 2014 SMALL ISLAND STATES 52 PROTECTING INVESTORS Where do the region’s economies stand today? How strong are investor protections against self- related to the protection of minority investors, a higher dealing in economies in Small Island States? The ranking does indicate that an economy’s regulations global rankings of these economies on the strength of offer stronger investor protections against self-dealing investor protection index suggest an answer (figure in the areas measured. 7.1). While the indicator does not measure all aspects Figure 7.1 How economies in Small Island States rank on the strength of investor protection index Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 53 PROTECTING INVESTORS But the overall ranking on the strength of investor shareholder suits indices may also be revealing (figure protection index tells only part of the story. Economies 7.2). Higher scores indicate stronger investor may offer strong protections in some areas but not protections. Comparing the scores across the region others. So the number of economies in Small Island on the strength of investor protection index and with States that have a certain score recorded on the extent averages both for the region and for comparator of disclosure, extent of director liability and ease of regions can provide useful insights. Figure 7.2 How strong are investor protections in economies in Small Island States? Strength of investor protection index (0–10) Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 54 PROTECTING INVESTORS Extent of disclosure index (0–10) Extent of director liability index (0–10) Number of economies in region with each score on extent of Number of economies in region with each score on extent of disclosure index (0–10) director liability index (0–10) Note: Higher scores indicate greater disclosure. Note: Higher scores indicate greater liability of directors. Source: Doing Business database. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 55 PROTECTING INVESTORS Ease of shareholder suits index (0–10) Number of economies in region with each score on ease of shareholder suits index (0–10) Note: Higher scores indicate greater powers of shareholders to challenge the transaction. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 56 PROTECTING INVESTORS What are the changes over time? Economies with the strongest protections of minority reasonable time. So reforms to strengthen investor investors from self-dealing require detailed disclosure protections may move ahead on different fronts—such and define clear duties for directors. They also have as through new or amended company laws, securities well-functioning courts and up-to-date procedural regulations or revisions to court procedures. What rules that give minority shareholders the means to investor protection reforms has Doing Business prove their case and obtain a judgment within a recorded in Small Island States (table 7.1)? Table 7.1 How have economies in Small Island States strengthened investor protections—or not? By Doing Business report year DB year Economy Reform The Dominican Republic adopted a new company law that strengthened investor protections by requiring greater DB2010 Dominican Republic corporate disclosure, director liability and shareholder access to information. The Solomon Islands strengthened investor protections by DB2012 Solomon Islands increasing shareholder access to corporate information. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 57 PAYING TAXES Taxes are essential. They fund the public amenities, WHAT THE PAYING TAXES INDICATORS infrastructure and services that are crucial for a MEASURE properly functioning economy. But the level of tax rates needs to be carefully chosen—and needless Tax payments for a manufacturing company complexity in tax rules avoided. According to in 2012 (number per year adjusted for Doing Business data, in economies where it is more electronic or joint filing and payment) difficult and costly to pay taxes, larger shares of economic activity end up in the informal sector— Total number of taxes and contributions paid, including consumption taxes (value added tax, where businesses pay no taxes at all. sales tax or goods and service tax) What do the indicators cover? Method and frequency of filing and payment Using a case scenario, Doing Business measures the taxes and mandatory contributions that a Time required to comply with 3 major taxes medium-size company must pay in a given year as (hours per year) well as the administrative burden of paying taxes Collecting information and computing the tax and contributions. This case scenario uses a set of payable financial statements and assumptions about Completing tax return forms, filing with transactions made over the year. Information is proper agencies also compiled on the frequency of filing and Arranging payment or withholding payments as well as time taken to comply with tax laws. The ranking on the ease of paying taxes is Preparing separate tax accounting books, if the simple average of the percentile rankings on required its component indicators: number of annual Total tax rate (% of profit) payments, time and total tax rate, with a threshold 1 being applied to the total tax rate. To make the Profit or corporate income tax data comparable across economies, several Social contributions and labor taxes paid by assumptions about the business and the taxes and the employer contributions are used. Property and property transfer taxes • TaxpayerCo is a medium-size business that Dividend, capital gains and financial started operations on January 1, 2011. transactions taxes • The business starts from the same financial Waste collection, vehicle, road and other taxes position in each economy. All the taxes and mandatory contributions paid during • Taxes and mandatory contributions include the second year of operation are recorded. corporate income tax, turnover tax and all labor taxes and contributions paid by the • Taxes and mandatory contributions are company. measured at all levels of government. • A range of standard deductions and exemptions are also recorded. 1 The threshold is defined as the highest total tax rate among the top 15% of economies in the ranking on the total tax rate. It is calculated and adjusted on a yearly basis. The threshold is not based on any economic theory of an “optimal tax rate” that minimizes distortions or maximizes efficiency in the tax system of an economy overall. Instead, it is mainly empirical in nature, set at the lower end of the distribution of tax rates levied on medium-size enterprises in the manufacturing sector as observed through the paying taxes indicators. This reduces the bias in the indicators toward economies that do not need to levy significant taxes on companies like the Doing Business standardized case study company because they raise public revenue in other ways—for example, through taxes on foreign companies, through taxes on sectors other than manufacturing or from natural resources (all of which are outside the scope of the methodology). This year’s threshold is 25.5%. Doing Business 2014 SMALL ISLAND STATES 58 PAYING TAXES Where do the region’s economies stand today? What is the administrative burden of complying with useful information for assessing the tax compliance taxes in economies in Small Island States—and how burden for businesses (figure 8.1). The average ranking much do firms pay in taxes? The global rankings of of the region and comparator regions provide a useful these economies on the ease of paying taxes offer benchmark. Figure 8.1 How economies in Small Island States rank on the ease of paying taxes Note: For all economies with a total tax rate below the threshold of 25.5% applied in DB2014, the total tax rate is set at 25.5% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 59 PAYING TAXES The indicators underlying the rankings may be more as well as the total tax rate (figure 8.2). Comparing revealing. Data collected by Doing Business show what these indicators across the region and with averages it takes to comply with tax regulations in each both for the region and for comparator regions can economy in the region—the number of payments per provide useful insights. year and the time required to prepare and file taxes— Figure 8.2 How easy is it to pay taxes in economies in Small Island States—and what are the total tax rates? Payments (number per year) Doing Business 2014 SMALL ISLAND STATES 60 PAYING TAXES Time (hours per year) Doing Business 2014 SMALL ISLAND STATES 61 PAYING TAXES Total tax rate (% of profit) Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 62 PAYING TAXES What are the changes over time? Economies around the world have made paying taxes concrete results. Some economies simplifying tax faster and easier for businesses—such as by payment and reducing rates have seen tax revenue consolidating filings, reducing the frequency of rise. What tax reforms has Doing Business recorded in payments or offering electronic filing and payment. Small Island States (table 8.1)? Many have lowered tax rates. Changes have brought Table 8.1 How have economies in Small Island States made paying taxes easier—or not? By Doing Business report year DB year Economy Reform Dominican Republic made it more costly for company to pay DB2008 Dominican Republic taxes by increasing the social security contribution rate. Mauritius reduced the tax burden for companies by reducing DB2008 Mauritius CIT DB2008 Seychelles No impact on Doing Business 2008 indicators. Trinidad and Tobago reduced the tax burden for companies DB2008 Trinidad and Tobago by reducing the CIT Corporate income tax rate reduced from 30% to 25% from DB2009 Antigua and Barbuda 1/1/2008 Effective 17 July 2007, corporate income tax rate reduced from 29% to 25%. Several taxes abolished, including stamp DB2009 Dominican Republic duty. online filing and payment which was piloted in 2006, was fully implemented in 2007 and most tax payers are using it. Effective 1 January 2007, corporate income tax was lowered DB2009 Samoa to 27% from 29% and and capital gains tax to 27% from 30%. Effective year of income 2007, the corporate tax rate was reduced from 40% to 37.5% and will will be progressively reduced to 30% over the next few years (35% in 2008). VAT DB2009 St. Vincent and the Grenadines will be introduced to replace a number of existing taxes, including consumption duty, domestic and international telecommunications surcharge, hotel tax, stamp duty on receipts and entertainment tax. VAT will be levied at a Doing Business 2014 SMALL ISLAND STATES 63 DB year Economy Reform standard rate of 15%. Cape Verde reduced tax burden on businesses by reducing DB2010 Cape Verde the corporate income tax rates from 30% to 25%. Fiji relieved the tax burden on companies by reducing the DB2010 Fiji corporate income tax rate from 31% to 29% while imposing road user levy on all vehicles St Vincent and the Grenadines has reduced the tax burden on DB2010 St. Vincent and the Grenadines business by lowering the the top tax rate by 5% to 35%, and a further reduction to 32.5% from 2009 onwards. Tonga has eased tax burden on business with a new income DB2010 Tonga tax law Timor-Leste has eased the tax burden on business by DB2010 Timor-Leste reducing corporate income tax to 10% and eliminating the alternative minimum tax and the withholdng tax on interest. DB2011 Cape Verde Cape Verde abolished the stamp duties on sales and checks. DB2011 Mauritius Mauritius introduced a new corporate social responsibility tax. São Tomé and Principe reduced the corporate income tax DB2011 São Tomé and Príncipe rate to a standard 25%. The Seychelles removed the tax-free threshold limit and DB2011 Seychelles lowered corporate income tax rates. Tonga simplified the payment of taxes by replacing a 2-tier system with a 25% corporate income tax rate for both DB2011 Tonga domestic and foreign companies and introducing tax incentives with a broad-based capital allowance system to replace tax holidays and other tax concessions. The Seychelles made paying taxes less costly for firms by DB2012 Seychelles eliminating the social security tax. St. Kitts and Nevis made paying taxes easier by introducing a DB2012 St. Kitts and Nevis value added tax. Doing Business 2014 SMALL ISLAND STATES 64 DB year Economy Reform The Dominican Republic increased the corporate income tax DB2013 Dominican Republic rate. Fiji made paying taxes less costly for companies by reducing DB2013 Fiji the profit tax rate. At the same time, Fiji introduced capital gains tax. Jamaica made paying taxes easier for companies by allowing DB2013 Jamaica joint filing and payment of all social security contributions. Maldives introduced a goods and service tax, a business DB2013 Maldives profit tax and additional social contributions. Fiji made paying taxes more complicated for companies by transferring the fringe benefit tax liability from employees to DB2014 Fiji employers and by limiting the deductibility of mandatory contributions. Jamaica made paying taxes less costly for companies by DB2014 Jamaica reducing the corporate income tax rate—though it also increased vehicle and asset taxes. Maldives made paying taxes easier for companies by DB2014 Maldives introducing electronic filing systems for corporate income tax, sales tax and pension contributions. The Seychelles made paying taxes more complicated for DB2014 Seychelles companies by introducing a value added tax. Tonga made paying taxes more complicated for companies DB2014 Tonga by introducing a superannuation levy—though it also abolished the business license for 2013. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 65 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead to extra costs and delays for exporters and importers, Documents required to export and import stifling trade potential. Research shows that (number) exporters in developing countries gain more from Bank documents a 10% drop in their trading costs than from a Customs clearance documents similar reduction in the tariffs applied to their products in global markets. Port and terminal handling documents What do the indicators cover? Transport documents Doing Business measures the time and cost Time required to export and import (days) (excluding tariffs and the time and cost for sea Obtaining, filling out and submitting all the transport) associated with exporting and documents importing a standard shipment of goods by sea transport, and the number of documents necessary Inland transport and handling to complete the transaction. The indicators cover Customs clearance and inspections procedural requirements such as documentation Port and terminal handling requirements and procedures at customs and other regulatory agencies as well as at the port. They also Does not include sea transport time cover trade logistics, including the time and cost of inland transport to the largest business city. The Cost required to export and import (US$ per container) ranking on the ease of trading across borders is the simple average of the percentile rankings on its All documentation component indicators: documents, time and cost Inland transport and handling to export and import. Customs clearance and inspections To make the data comparable across economies, Port and terminal handling Doing Business uses several assumptions about the business and the traded goods. Official costs only, no bribes The business: • Do not require refrigeration or any other special environment. • Is of medium size and employs 60 people. • Do not require any special phytosanitary or • Is located in the periurban area of the environmental safety standards other than economy’s largest business city. accepted international standards. • Is a private, limited liability company, • Are one of the economy’s leading export or domestically owned, formally registered import products. and operating under commercial laws and regulations of the economy. • Are transported in a dry-cargo, 20-foot full container load. The traded goods: • Are not hazardous nor do they include military items. Doing Business 2014 SMALL ISLAND STATES 66 TRADING ACROSS BORDERS Where do the region’s economies stand today? How easy it is for businesses in economies in Small across borders suggest an answer (figure 9.1). The Island States to export and import goods? The global average ranking of the region and comparator regions rankings of these economies on the ease of trading provide a useful benchmark. Figure 9.1 How economies in Small Island States rank on the ease of trading across borders Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 67 TRADING ACROSS BORDERS The indicators underlying the rankings may be more documents, the time and the cost (figure 9.2). revealing. Data collected by Doing Business show what Comparing these indicators across the region and with it takes to export or import a standard container of averages both for the region and for comparator goods in each economy in the region: the number of regions can provide useful insights. Figure 9.2 What it takes to trade across borders in economies in Small Island States Documents to export (number) Doing Business 2014 SMALL ISLAND STATES 68 TRADING ACROSS BORDERS Time to export (days) Doing Business 2014 SMALL ISLAND STATES 69 TRADING ACROSS BORDERS Cost to export (US$ per container) Doing Business 2014 SMALL ISLAND STATES 70 TRADING ACROSS BORDERS Documents to import (number) Doing Business 2014 SMALL ISLAND STATES 71 TRADING ACROSS BORDERS Time to import (days) Doing Business 2014 SMALL ISLAND STATES 72 TRADING ACROSS BORDERS Cost to import (US$ per container) Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 73 TRADING ACROSS BORDERS What are the changes over time? In economies around the world, trading across borders systems. These changes help improve their trading as measured by Doing Business has become faster and environment and boost firms’ international easier over the years. Governments have introduced competitiveness. What trade reforms has Doing tools to facilitate trade—including single windows, Business recorded in Small Island States (table 9.1)? risk-based inspections and electronic data interchange Table 9.1 How have economies in Small Island States made trading across borders easier—or not? By Doing Business report year DB year Economy Reform Dominican republic eased trading across borders by reducing DB2008 Dominican Republic documentation requirements. Mauritius eased trading across borders by implementing a DB2008 Mauritius new computerized risk management system for inspections. Improvements in the area of the online portal, risk-based DB2009 Dominican Republic inspections, and banking sector, led to a decrease in export and import time. DB2009 Haiti Risk-based inspections have reduced the time for export Under the Customs Administration Modernization project DB2009 Palau import time decreased Grenada has reduced the time for trading across borders with DB2010 Grenada ongoing Customs and Brokers training and implementation of electronic reference sources. With the implementation of the ASYCUDA system and 24- DB2010 Haiti hour operation at the port, goods can be cleared faster in Haiti. Mauritius introduced the electronic submission of the DB2010 Mauritius customs declaration and bill of lading without requirement of physical copies, thus speeding up trade process. St. Kitts and Nevis has improved trading times with the DB2010 St. Kitts and Nevis submission of the customs declaration electonically . Doing Business 2014 SMALL ISLAND STATES 74 DB year Economy Reform Fiji made trading easier by opening customer care service DB2011 Fiji centers and improving customs operations. Grenada’s customs administration made trading faster by DB2011 Grenada simplifying procedures, reducing inspections, improving staff training and enhancing communication with users. São Tomé and Príncipe made trading across borders faster by DB2012 São Tomé and Príncipe adopting legislative, administrative and technological improvements. The Seychelles made trading across borders faster by DB2012 Seychelles introducing electronic submission of customs documents. Vanuatu made trading across borders faster by upgrading DB2012 Vanuatu Port-Vila’s wharf infrastructure, which increased the efficiency of port and terminal handling activities. Antigua and Barbuda made trading across borders more DB2013 Antigua and Barbuda difficult by increasing the number of documents required to import. Dominica reduced the time to import by implementing the DB2013 Dominica ASYCUDA World electronic data interchange system. Grenada reduced the time to export and import by DB2013 Grenada implementing the ASYCUDA World electronic data interchange system. Jamaica reduced the time to import by allowing customs DB2013 Jamaica entries to be lodged at night. St. Kitts and Nevis made it more expensive to export by DB2013 St. Kitts and Nevis increasing the cost of operations at the port of Basseterre. Trinidad and Tobago reduced the time to export and import by launching the ASYCUDA World electronic data interchange DB2013 Trinidad and Tobago system and simplifying the process for obtaining a certificate of origin. St. Lucia made trading across borders more difficult by DB2014 St. Lucia introducing a new export document. Doing Business 2014 SMALL ISLAND STATES 75 Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 76 ENFORCING CONTRACTS Effective commercial dispute resolution has many WHAT THE ENFORCING CONTRACTS benefits. Courts are essential for entrepreneurs INDICATORS MEASURE because they interpret the rules of the market and protect economic rights. Efficient and transparent Procedures to enforce a contract through courts encourage new business relationships the courts (number) because businesses know they can rely on the courts if a new customer fails to pay. Speedy trials Steps to file and serve the case are essential for small enterprises, which may lack Steps for trial and judgment the resources to stay in business while awaiting the Steps to enforce the judgment outcome of a long court dispute. What do the indicators cover? Time required to complete procedures (calendar days) Doing Business measures the efficiency of the Time to file and serve the case judicial system in resolving a commercial dispute before local courts. Following the step-by-step Time for trial and obtaining judgment evolution of a standardized case study, it collects Time to enforce the judgment data relating to the time, cost and procedural complexity of resolving a commercial lawsuit. The Cost required to complete procedures (% of ranking on the ease of enforcing contracts is the claim) simple average of the percentile rankings on its Average attorney fees component indicators: procedures, time and cost. Court costs The dispute in the case study involves the breach Enforcement costs of a sales contract between 2 domestic businesses. The case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt enforcement. To make the data comparable across economies, Doing Business uses several assumptions about the case: • The seller and buyer are located in the economy’s largest business city. • The dispute on the quality of the goods requires an expert opinion. • The buyer orders custom-made goods, then fails to pay. • The judge decides in favor of the seller; there is no appeal. • The seller sues the buyer before a competent court. • The seller enforces the judgment through a public sale of the buyer’s movable assets. • The value of the claim is 200% of income per capita. • The seller requests a pretrial attachment to secure the claim. Doing Business 2014 SMALL ISLAND STATES 77 ENFORCING CONTRACTS Where do the region’s economies stand today? How efficient is the process of resolving a commercial on the ease of enforcing contracts suggest an answer dispute through the courts in economies in Small (figure 10.1). The average ranking of the region and Island States? The global rankings of these economies comparator regions provide a useful benchmark. Figure 10.1 How economies in Small Island States rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 78 ENFORCING CONTRACTS The indicators underlying the rankings may also be procedures, the time and the cost (figure 10.2). revealing. Data collected by Doing Business show what Comparing these indicators across the region and with it takes to enforce a contract through the courts in averages both for the region and for comparator each economy in the region: the number of regions can provide useful insights. Figure 10.2 What it takes to enforce a contract through the courts in economies in Small Island States Procedures (number) Doing Business 2014 SMALL ISLAND STATES 79 ENFORCING CONTRACTS Time (days) Doing Business 2014 SMALL ISLAND STATES 80 ENFORCING CONTRACTS Cost (% of claim) Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 81 ENFORCING CONTRACTS What are the changes over time? Economies in all regions have improved contract periodic reviews to clear inactive cases from the docket enforcement in recent years. A judiciary can be and by making procedures faster. What reforms improved in different ways. Higher-income economies making it easier (or more difficult) to enforce contracts tend to look for ways to enhance efficiency by has Doing Business recorded in Small Island States introducing new technology. Lower-income economies (table 10.1)? often work on reducing backlogs by introducing Table 10.1 How have economies in Small Island States made enforcing contracts easier—or not? By Doing Business report year DB year Economy Reform In Fiji a new case management system has improve court DB2008 Fiji operation. Tonga inplemented an electronic case management system DB2008 Tonga which made resolving commercial disputes faster. Additional staffing at the Grenada High Court has been DB2010 Grenada decreasing the court’s backlog and easing contract enforcement. Mauritius set up a specialized commercial division of its DB2010 Mauritius Supreme Court, thus improving contract enforcement. The specialized commercial track at the National Court of DB2010 Papua New Guinea Papua New Guinea, which was introduced in 2007, has begun to be fully operational improving contract enforcement. Mauritius speeded up the resolution of commercial disputes DB2011 Mauritius by recruiting more judges and adding more courtrooms. Timor-Leste increased court efficiency by training and DB2011 Timor-Leste appointing new judges and passing a new civil procedure code. The Seychelles expanded the jurisdiction of the lower court, DB2012 Seychelles increasing the time required to enforce contracts. Mauritius made enforcing contracts easier by liberalizing the DB2014 Mauritius profession of ushers, providing competitive options for litigants to enforce binding decisions. Palau made enforcing contracts easier by introducing an DB2014 Palau electronic filing system for court users. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 82 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient INDICATORS MEASURE companies and reallocating the resources of inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of Time required to recover debt (years) businesses to normal operation and increase Measured in calendar years returns to creditors. By improving the expectations of creditors and debtors about the outcome of Appeals and requests for extension are insolvency proceedings, well-functioning included insolvency systems can facilitate access to finance, Cost required to recover debt (% of debtor’s save more viable businesses and thereby improve estate) growth and sustainability in the economy overall. Measured as percentage of estate value What do the indicators cover? Court fees Doing Business studies the time, cost and outcome Fees of insolvency administrators of insolvency proceedings involving domestic entities. It does not measure insolvency Lawyers’ fees proceedings of individuals and financial Assessors’ and auctioneers’ fees institutions. The data are derived from survey Other related fees responses by local insolvency practitioners and verified through a study of laws and regulations as Outcome well as public information on bankruptcy systems. Whether business continues operating as a The ranking on the ease of resolving insolvency is going concern or business assets are sold based on the recovery rate, which is recorded as piecemeal cents on the dollar recouped by creditors through reorganization, liquidation or debt enforcement Recovery rate for creditors (cents on the (foreclosure) proceedings. The recovery rate is a dollar) function of time, cost and other factors, such as Measures the cents on the dollar recovered lending rate and the likelihood of the company by creditors continuing to operate. Present value of debt recovered To make the data comparable across economies, Official costs of the insolvency proceedings Doing Business uses several assumptions about the are deducted business and the case. It assumes that the Depreciation of furniture is taken into company: account • Is a domestically owned, limited liability Outcome for the business (survival or not) company operating a hotel. affects the maximum value that can be recovered • Operates in the economy’s largest business city. • Has 201 employees, 1 main secured • Has a higher value as a going concern—and creditor and 50 unsecured creditors. that the efficient outcome is either reorganization or sale as a going concern, not piecemeal liquidation. Doing Business 2014 SMALL ISLAND STATES 83 RESOLVING INSOLVENCY Where do the region’s economies stand today? How efficient are insolvency proceedings in economies benchmark for assessing the efficiency of insolvency in Small Island States? The global rankings of these proceedings. Speed, low costs and continuation of economies on the ease of resolving insolvency suggest viable businesses characterize the top-performing an answer (figure 11.1). The average ranking of the economies. region and comparator regions provide a useful Figure 11.1 How economies in Small Island States rank on the ease of resolving insolvency Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 84 RESOLVING INSOLVENCY The indicators underlying the rankings may be more Comparing these indicators across the region and with revealing. Data collected by Doing Business show the averages both for the region and for comparator average time and cost required to resolve insolvency regions can provide useful insights. as well as the average recovery rate (figure 11.2). Figure 11.2 How efficient is the insolvency process in economies in Small Island States Time (years) Doing Business 2014 SMALL ISLAND STATES 85 RESOLVING INSOLVENCY Cost (% of estate) Doing Business 2014 SMALL ISLAND STATES 86 RESOLVING INSOLVENCY Recovery rate (cents on the dollar) * Indicates a “no practice” mark. See the data notes for details. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 87 RESOLVING INSOLVENCY What are the changes over time? A well-balanced bankruptcy system distinguishes change. Many recent reforms of bankruptcy laws have companies that are financially distressed but been aimed at helping more of the viable businesses economically viable from inefficient companies that survive. What insolvency reforms has Doing Business should be liquidated. But in some insolvency systems recorded in Small Island States (table 11.1)? even viable businesses are liquidated. This is starting to Table 11.1 How have economies in Small Island States made resolving insolvency easier—or not? By Doing Business report year DB year Economy Reform Mauritius adopted legislation that made the process of sale DB2008 Mauritius of immovable property after default on a credit agreement more efficient and less susceptible to abuse by creditors. St. Vincent and the Grenadines enacted a bankruptcy law in DB2009 St. Vincent and the Grenadines 2007. The law is the country’s first set of rules regulating bankruptcy of private enterprises since its colonial history. A new insolvency law in Mauritius introduces a rehabilitation procedure for companies as an alternative to winding up, and DB2010 Mauritius defines the rights and obligations of creditors and debtors and sanctions for those who abuse the system. Samoa enacted a new corporate law and a law introducing DB2010 Samoa receivership thus easing the process of closing a business. Cape Verde introduced qualification requirements for DB2012 Cape Verde insolvency administrators and a shorter time frame for liquidation proceedings. The Solomon Islands adopted a new law that simplified DB2012 Solomon Islands insolvency proceedings. The Bahamas enhanced its insolvency process by implementing rules for the remuneration of liquidators, DB2014 Bahamas, The allowing voluntary liquidations and outlining clawback provisions for suspect transactions. Mauritius made resolving insolvency easier by introducing guidelines for out-of-court restructuring and standardizing DB2014 Mauritius the process of registration, suspension and removal of insolvency practitioners. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 SMALL ISLAND STATES 88 DATA NOTES The indicators presented and analyzed in Doing rounds of verification, leading to revisions or Business measure business regulation and the expansions of the information collected. protection of property rights—and their effect on businesses, especially small and medium-size domestic firms. First, the indicators document the complexity of ECONOMY CHARACTERISTICS regulation, such as the number of procedures to start a business or to register and transfer commercial property. Second, they gauge the time and cost to Gross national income per capita achieve a regulatory goal or comply with regulation, such as the time and cost to enforce a contract, go Doing Business 2014 reports 2012 income per capita through bankruptcy or trade across borders. Third, as published in the World Bank’s World Development they measure the extent of legal protections of Indicators 2013. Income is calculated using the Atlas property, for example, the protections of investors method (current U.S. dollars). For cost indicators against looting by company directors or the range of expressed as a percentage of income per capita, assets that can be used as collateral according to 2012 gross national income (GNI) in U.S. dollars is secured transactions laws. Fourth, a set of indicators used as the denominator. GNI data were not documents the tax burden on businesses. Finally, a set available from the World Bank for Afghanistan, The of data covers different aspects of employment Bahamas, Bahrain, Barbados, Brunei Darussalam, regulation. The 11 sets of indicators measured in Djibouti, the Islamic Republic of Iran, Kuwait, Libya, Doing Business were added over time, and the sample Myanmar, New Zealand, Oman, San Marino, the of economies expanded. Syrian Arab Republic, West Bank and Gaza, and the Republic of Yemen. In these cases GDP or GNP per The data for all sets of indicators in Doing Business 2 capita data and growth rates from other sources, 2014 are for June 2013. such as the International Monetary Fund’s World Economic Outlook database and the Economist Intelligence Unit, were used. Methodology Region and income group The Doing Business data are collected in a standardized way. To start, the Doing Business team, Doing Business uses the World Bank regional and with academic advisers, designs a questionnaire. The income group classifications, available at questionnaire uses a simple business case to ensure http://data.worldbank.org/about/country- classifications. The World Bank does not assign comparability across economies and over time—with regional classifications to high-income economies. assumptions about the legal form of the business, its For the purpose of the Doing Business report, high- size, its location and the nature of its operations. income OECD economies are assigned the “regional” Questionnaires are administered to more than 10,200 classification OECD high income. Figures and tables local experts, including lawyers, business consultants, presenting regional averages include economies accountants, freight forwarders, government officials from all income groups (low, lower middle, upper and other professionals routinely administering or middle and high income). advising on legal and regulatory requirements (table Population 21.2). These experts have several rounds of interaction with the Doing Business team, involving conference Doing Business 2014 reports midyear 2012 calls, written correspondence and visits by the team. population statistics as published in World For Doing Business 2014 team members visited 33 Development Indicators 2013. economies to verify data and recruit respondents. The data from questionnaires are subjected to numerous The Doing Business methodology offers several advantages. It is transparent, using factual information 2 The data for paying taxes refer to January – December 2012. Doing Business 2014 SMALL ISLAND STATES 89 about what laws and regulations say and allowing reasons the time delays reported in Doing Business multiple interactions with local respondents to clarify 2014 would differ from the recollection of potential misinterpretations of questions. Having entrepreneurs reported in the World Bank Enterprise representative samples of respondents is not an issue; Surveys or other perception surveys. Doing Business is not a statistical survey, and the texts This year Doing Business completed subnational of the relevant laws and regulations are collected and studies in Colombia, Italy and the city of Hargeisa answers checked for accuracy. The methodology is (Somaliland) and is currently updating indicators in inexpensive and easily replicable, so data can be Egypt, Mexico and Nigeria. Doing Business also collected in a large sample of economies. Because published regional studies for the g7+ and the East standard assumptions are used in the data collection, African Community. The g7+ group is a country- comparisons and benchmarks are valid across owned and country-led global mechanism established economies. Finally, the data not only highlight the in April 2010 to monitor, report and draw attention to extent of specific regulatory obstacles to business but the unique challenges faced by fragile states. The also identify their source and point to what might be member countries included in the report are reformed. Information on the methodology for each Afghanistan, Burundi, the Central African Republic, Doing Business topic can be found on the Doing Chad, the Comoros, the Democratic Republic of Business website at Congo, Côte d’Ivoire, Guinea, Guinea-Bissau, Haiti, http://www.doingbusiness.org/methodology. Liberia, Papua New Guinea, Sierra Leone, the Solomon Islands, South Sudan, Timor-Leste and Togo. Limits to what is measured The subnational studies point to differences in business regulation and its implementation—as well as The Doing Business methodology has 5 limitations that in the pace of regulatory reform—across cities in the should be considered when interpreting the data. First, same economy. For several economies subnational the collected data refer to businesses in the economy’s studies are now periodically updated to measure largest business city (which in some economies differs change over time or to expand geographic coverage from the capital) and may not be representative of to additional cities. This year that is the case for all the regulation in other parts of the economy. To address subnational studies published. this limitation, subnational Doing Business indicators were created (box 21.1). Second, the data often focus on a specific business form—generally a limited Changes in what is measured liability company (or its legal equivalent) of a specified size—and may not be representative of the regulation The methodology for 2 indicator sets—trading across on other businesses, for example, sole proprietorships. borders and paying taxes—was updated this year. For Third, transactions described in a standardized case trading across borders, documents that are required scenario refer to a specific set of issues and may not purely for purposes of preferential treatment are no represent the full set of issues a business encounters. longer included in the list of documents (for example, Fourth, the measures of time involve an element of a certificate of origin if the use is only to qualify for a judgment by the expert respondents. When sources preferential tariff rate under trade agreements). For indicate different estimates, the time indicators paying taxes, the value of fuel taxes is no longer reported in Doing Business represent the median included in the total tax rate because of the difficulty values of several responses given under the of computing these taxes in a consistent way across all assumptions of the standardized case. economies covered. The fuel tax amounts are in most cases very small, and measuring these amounts is Finally, the methodology assumes that a business has often complicated because they depend on fuel full information on what is required and does not consumption. Fuel taxes continue to be counted in the waste time when completing procedures. In practice, number of payments. completing a procedure may take longer if the business lacks information or is unable to follow up In a change involving several indicator sets, the rule promptly. Alternatively, the business may choose to establishing that each procedure must take at least 1 disregard some burdensome procedures. For both day was removed for procedures that can be fully Doing Business 2014 SMALL ISLAND STATES 90 completed online in just a few hours. This change business and the distance to frontier measure. The affects the time indicator for starting a business, ease of doing business ranking compares economies dealing with construction permits and registering with one another, while the distance to frontier property. For procedures that can be fully completed measure benchmarks economies to the frontier in 3 online, the duration is now set at half a day rather than regulatory practice, measuring the absolute distance to a full day. the best performance on each indicator. Both measures can be used for comparisons over time. The threshold for the total tax rate introduced in 2011 When compared across years, the distance to frontier for the purpose of calculating the ranking on the ease measure shows how much the regulatory environment of paying taxes was updated. All economies with a for local entrepreneurs in each economy has changed total tax rate below the threshold (which is calculated over time in absolute terms, while the ease of doing and adjusted on a yearly basis) receive the same business ranking can show only relative change. ranking on the total tax rate indicator. The threshold is not based on any economic theory of an “optimal tax Ease of doing business rate” that minimizes distortions or maximizes efficiency The ease of doing business index ranks economies in the tax system of an economy overall. Instead, it is from 1 to 189. For each economy the ranking is mainly empirical in nature, set at the lower end of the calculated as the simple average of the percentile distribution of tax rates levied on medium-size rankings on each of the 10 topics included in the index enterprises in the manufacturing sector as observed in Doing Business 2014: starting a business, dealing through the paying taxes indicators. This reduces the with construction permits, getting electricity, bias in the indicators toward economies that do not registering property, getting credit, protecting need to levy significant taxes on companies like the investors, paying taxes, trading across borders, Doing Business standardized case study company enforcing contracts, and resolving insolvency. The because they raise public revenue in other ways—for employing workers indicators are not included in this example, through taxes on foreign companies, through year’s aggregate ease of doing business ranking. taxes on sectors other than manufacturing or from natural resources (all of which are outside the scope of Construction of the ease of doing business index the methodology). This year the threshold is 25,5%. Here is one example of how the ease of doing business index is constructed. In Denmark it takes 4 procedures, 5.5 days and 0.2% of annual income per capita in fees Data challenges and revisions to open a business. The minimum capital requirement Most laws and regulations underlying the Doing is 24% of annual income per capita. On these 4 Business data are available on the Doing Business indicators Denmark ranks in the 12th, 11th, 1st and website at http://www.doingbusiness.org. All the 79th percentiles. So on average Denmark ranks in the sample questionnaires and the details underlying the 25th percentile on the ease of starting a business. It indicators are also published on the website. Questions ranks in the 21st percentile on getting credit, 19th on the methodology and challenges to data can be percentile on paying taxes, 27th percentile on submitted through the website’s “Ask a Question” enforcing contracts, 5th percentile on resolving function at http://www.doingbusiness.org. insolvency and so on. Higher rankings indicate simpler regulation and stronger protection of property rights. Ease of doing business and distance to The simple average of Denmark’s percentile rankings frontier on all topics is 17th. When all economies are ordered Doing Business 2014 presents results for 2 aggregate by their average percentile rankings, Denmark stands measures: the aggregate ranking on the ease of doing at 5 in the aggregate ranking on the ease of doing business. 3 For getting electricity the rule that each procedure must take a minimum of 1 day still applies because in practice there are no More complex aggregation methods—such as cases in which procedures can be fully completed online in less than principal components and unobserved components— a day. For example, even though in some cases it is possible to yield a ranking nearly identical to the simple average apply for an electricity connection online, additional requirements mean that the process cannot be completed in less than 1 day. Doing Business 2014 SMALL ISLAND STATES 91 4 used by Doing Business. Thus, Doing Business uses 58 on enforcing contracts, 116 on dealing with the simplest method: weighting all topics equally and, construction permits and 145 on getting electricity. within each topic, giving equal weight to each of the Variation in performance across the indicator sets is topic components. not at all unusual. It reflects differences in the degree If an economy has no laws or regulations covering a of priority that government authorities give to specific area—for example, insolvency—it receives a particular areas of business regulation reform and the “no practice” mark. Similarly, an economy receives a ability of different government agencies to deliver “no practice” or “not possible” mark if regulation exists tangible results in their area of responsibility. but is never used in practice or if a competing Distance to frontier measure regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the A drawback of the ease of doing business ranking is ranking on the relevant indicator. that it can measure the regulatory performance of economies only relative to the performance of others. The ease of doing business index is limited in scope. It It does not provide information on how the absolute does not account for an economy’s proximity to large quality of the regulatory environment is improving markets, the quality of its infrastructure services (other over time. Nor does it provide information on how than services related to trading across borders and large the gaps are between economies at a single getting electricity), the strength of its financial system, point in time. the security of property from theft and looting, macroeconomic conditions or the strength of The distance to frontier measure is designed to underlying institutions. address both shortcomings, complementing the ease of doing business ranking. This measure illustrates the Variability of economies’ rankings across topics distance of an economy to the “frontier,” and the Each indicator set measures a different aspect of the change in the measure over time shows the extent to business regulatory environment. The rankings of an which the economy has closed this gap. The frontier is economy can vary, sometimes significantly, across a score derived from the most efficient practice or indicator sets. The average correlation coefficient highest score achieved on each of the component between the 10 indicator sets included in the indicators in 10 Doing Business indicator sets aggregate ranking is 0.38, and the coefficients (excluding the employing workers indicators) by any between any 2 sets of indicators range from 0.18 economy. In starting a business, for example, Canada (between getting electricity and getting credit) to 0.58 and New Zealand have achieved the highest (between trading across borders and resolving performance on the number of procedures required (1) insolvency and between trading across borders and and on the time (0.5 days), Denmark and Slovenia on getting electricity). These correlations suggest that the cost (0% of income per capita) and Chile, Zambia economies rarely score universally well or universally and 99 other economies on the paid-in minimum badly on the indicators. capital requirement (0% of income per capita) (table 22.2). Consider the example of Canada. It stands at 19 in the aggregate ranking on the ease of doing business. Its Calculating the distance to frontier for each economy ranking is 2 on starting a business, 4 on protecting involves 2 main steps. First, individual indicator scores investors, and 8 on paying taxes. But its ranking is only are normalized to a common unit: except for the total tax rate, each of the 31 component indicators y is rescaled to (max − y)/(max − min), with the minimum 4 See Simeon Djankov, Darshini Manraj, Caralee McLiesh and Rita Ramalho, “Doing Business Indicators: Why Aggregate, and How to value (min) representing the frontier—the highest Do It” (World Bank, Washington, DC, 2005). Principal components performance on that indicator across all economies and unobserved components methods yield a ranking nearly identical to that from the simple average method because both since 2003 or the first year the indicator was collected. 5 these methods assign roughly equal weights to the topics, since the For the total tax rate, consistent with the calculation of pairwise correlations among indicators do not differ much. An alternative to the simple average method is to give different weights to the topics, depending on which are considered of more or less 5 Even though scores for the distance to frontier are calculated from importance in the context of a specific economy. 2005, data from as early as 2003 are used to define the frontier Doing Business 2014 SMALL ISLAND STATES 92 the rankings, the frontier is defined as the total tax rate Economies that improved the most across 3 or at the 15th percentile of the overall distribution of more Doing Business topics in 2012/13 total tax rates for all years. Second, for each economy Doing Business 2014 uses a simple method to calculate the scores obtained for individual indicators are which economies improved the most in the ease of aggregated through simple averaging into one doing business. First, it selects the economies that in distance to frontier score, first for each topic and then 2012/13 implemented regulatory reforms making it across all topics. An economy’s distance to frontier is easier to do business in 3 or more of the 10 topics indicated on a scale from 0 to 100, where 0 represents included in this year’s ease of doing business ranking. 6 the lowest performance and 100 the frontier. Twenty-nine economies meet this criterion: Azerbaijan, The maximum (max) and minimum (min) observed Belarus, Burundi, Côte d’Ivoire, Croatia, Djibouti, values are computed for all economies included in the Gabon, Guatemala, Guinea, Italy, Kosovo, Latvia, the Doing Business sample since 2003 and for all years former Yugoslav Republic of Macedonia, Malaysia, (from 2003 to 2013). To mitigate the effects of extreme Mauritius, Mexico, Moldova, Mongolia, Morocco, outliers in the distributions of the rescaled data (very Panama, the Philippines, the Republic of Congo, few economies need 694 days to complete the Romania, the Russian Federation, Rwanda, Sri Lanka, procedures to start a business, but many need 9 days), Ukraine, Uzbekistan and the United Arab Emirates. th the maximum (max) is defined as the 95 percentile of Second, Doing Business sorts these economies on the the pooled data for all economies and all years for increase in their distance to frontier measure from the each indicator. The exceptions are the getting credit, previous year using comparable data. protecting investors and resolving insolvency Selecting the economies that implemented regulatory indicators, whose construction precludes outliers. In reforms in at least 3 topics and improved the most in addition, the cost to export and cost to import for each the distance to frontier measure is intended to year are divided by the GDP deflator, so as to take the highlight economies with ongoing, broadbased reform general price level into account when benchmarking programs. The criterion for identifying the top these absolute-cost indicators across economies with improvers was changed from last year. The different inflation trends. The base year for the deflator improvement in ease of doing business ranking is no is 2013 for all economies. longer used. The improvement in the distance to The difference between an economy’s distance to frontier measure is used instead because under this frontier score in any previous year and its score in measure economies are sorted according to their abs- 2013 illustrates the extent to which the economy has olute improvement instead of relative improvement. closed the gap to the frontier over time. And in any given year the score measures how far an economy is from the highest performance at that time. Take Colombia, which has a score of 70.5 on the distance to frontier measure for 2014. This score indicates that the economy is 29.5 percentage points away from the frontier constructed from the best performances across all economies and all years. Colombia was further from the frontier in 2009, with a score of 66.2. The difference between the scores shows an improvement over time. The distance to frontier measure can also be used for comparisons across economies in the same year, complementing the ease of doing business ranking. For example, Colombia stands at 63 this year in the ease of doing business ranking, while Peru, which is 6 Doing Business reforms making it more difficult to do business are 29.3 percentage points from the frontier, stands at 42. subtracted from the total number of those making it easier to do business. 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