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Viewing cable 05BRATISLAVA38, SLOVAKIA - INVESTMENT CLIMATE STATEMENT 2005

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Reference ID Created Released Classification Origin
05BRATISLAVA38 2005-01-20 17:24 2011-08-30 01:44 UNCLASSIFIED Embassy Bratislava
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS  BRATISLAVA 000038 
 
SIPDIS 
 
 
DEPT FOR EB/IFD/OIA JHATCHER, ATBRYAN AND PBROWN 
DEPT PASS TO USTR AND OPIC 
 
E.O. 12958: N/A 
TAGS: ECON KTDB LO OPIC USTR
SUBJECT:  SLOVAKIA - INVESTMENT CLIMATE STATEMENT 2005 
 
REF: 04 STATE 250356 
 
-------- 
OVERVIEW 
-------- 
 
1.  SINCE 1998, SLOVAKIA'S ONCE TROUBLED ECONOMY HAS BEEN 
TRANSFORMED INTO A BUSINESS FRIENDLY STATE THAT LEADS THE REGION 
IN ECONOMIC GROWTH.  IN ITS DOING BUSINESS IN 2005 REPORT, THE 
WORLD BANK NAMED SLOVAKIA AS THE WORLD'S TOP REFORMER IN 
IMPROVING ITS INVESTMENT CLIMATE OVER THE LAST YEAR, ALLOWING IT 
TO JOIN THE TOP 20 ECONOMIES IN THE WORLD FOR EASE OF DOING 
BUSINESS.  THE COUNTRY'S LOW-COST YET SKILLED LABOR FORCE, LOW 
TAXES, LIBERAL LABOR CODE AND FAVORABLE GEOGRAPHIC LOCATION HAVE 
HELPED IT BECOME ONE OF EUROPE'S FAVORITE INVESTMENT MARKETS, 
LEADING FORBES MAGAZINE TO CALL IT THE WORLD'S NEXT HONG KONG OR 
IRELAND. 
 
2.  SLOVAKIA IS A MEMBER OF THE EU, NATO AND THE OECD, AND HOLDS 
INVESTMENT GRADE RATINGS FROM ALL THREE MAJOR RATING AGENCIES. 
THE WALL STREET JOURNAL'S AND HERITAGE FOUNDATION'S 2004 ECONOMIC 
FREEDOM INDEX RANKED SLOVAKIA 35TH OUT OF THE 155 COUNTRIES 
EXAMINED.  SLOVAKIA'S LEAP FROM 67TH PLACE IN 2003 WAS THE 
BIGGEST IMPROVEMENT IN EUROPE AND EIGHTH LARGEST WORLDWIDE.  IN 
COMPARISON, THE CZECH REPUBLIC FINISHED IN 32ND PLACE, HUNGARY 
42ND AND POLAND 56TH.  ACCORDING TO THE GLOBAL COMPETITIVENESS 
REPORT 2004-2005 ISSUED BY THE WORLD ECONOMIC FORUM, SLOVAKIA 
CLIMBED FROM 43RD TO 39TH IN THE BUSINESS COMPETITIVENESS INDEX. 
IN THE POLL OF 104 NATIONS, SLOVAKIA RANKED AS THE 9TH MOST 
FAVORABLE ECONOMY IN TERMS OF TAX BURDENS. 
 
3.  ACCORDING TO GOS STATISTICS, IN 1998 SLOVAKIA HAD ONLY ONE- 
SIXTH AS MUCH CUMULATIVE FOREIGN DIRECT INVESTMENT (FDI) PER 
CAPITA AS HUNGARY OR THE CZECH REPUBLIC.  THE SITUATION CHANGED 
DRAMATICALLY WITH THE ELECTION OF PRIME MINISTER MIKULAS 
DZURINDA'S GOVERNMENT IN 1998.  SINCE THEN, CUMULATIVE FDI HAS 
INCREASED SIX FOLD TO USD 11.46 BILLION AT THE END OF THE FIRST 
THREE QUARTERS IN 2004.  MOREOVER, SLOVAKIA SCORED A MAJOR 
VICTORY IN 2004 BY ATTRACTING A USD 1.5 BILLION INVESTMENT FROM 
HYUNDAI FOR ITS FIRST EUROPEAN ASSEMBLY PLANT, AS WELL AS A USD 
400 MILLION INVESTMENT FROM FORD FOR A GEARBOX PRODUCTION PLANT. 
A RECENT SURVEY BY THE U.S. EMBASSY SHOWED U.S. INVESTMENT IN 
SLOVAKIA AT OVER USD 3.0 BILLION FOR CURRENT AND FUTURE 
COMMITMENTS.  (NOTE: OFFICIAL GOS STATISTICS DIFFER BECAUSE SOME 
FOREIGN INVESTMENTS ARE CREDITED TO THIRD COUNTRIES DEPENDING ON 
FINANCING ARRANGEMENTS). 
 
------------------------------ 
OPENNESS TO FOREIGN INVESTMENT 
------------------------------ 
 
4.  THE GOS INCENTIVE PROGRAM PROVIDES FOR VARYING LEVELS OF AID 
DEPENDING ON THE PER CAPITA GROSS DOMESTIC PRODUCT (GDP) OF THE 
REGION IN WHICH THE INVESTMENT IS LOCATED.  AREAS WITH A PER 
CAPITA GDP OF LESS THAN 60 PERCENT OF THE EU AVERAGE ARE ELIGIBLE 
TO RECEIVE STATE AID EQUAL TO 50 PERCENT OF OVERALL COSTS OF 
PROCURING AN INVESTMENT.  REGIONS WITH A PER CAPITA GDP OF 60 TO 
75 PERCENT OF THE EU AVERAGE CAN RECEIVE STATE AID EQUAL TO 40 
PERCENT OF COSTS, AND THOSE AREAS WITH A PER CAPITA GDP EXCEEDING 
75 PERCENT OF THE EU AVERAGE CAN RECEIVE 20 PERCENT.  THIS MAKES 
ALL REGIONS IN SLOVAKIA ELIGIBLE FOR THE MAXIMUM AMOUNT OF AID, 
EXCEPT BRATISLAVA, WHERE THE RATE IS 20 PERCENT.  CERTAIN 
PROVISIONS APPLY TO SOME SENSITIVE INDUSTRIAL SECTORS, SUCH AS 
THE AUTOMOTIVE INDUSTRY. 
 
5.  TO QUALIFY FOR AID, A COMPANY MUST INVEST A MINIMUM OF SKK 
400 MILLION (USD 13.8 MILLION) IF LOCATING IN AREA WITH 
UNEMPLOYMENT OF LESS THAN 10 PERCENT AND A MINIMUM OF SKK 200 
MILLION (USD 6.9 MILLION) OTHERWISE.  HOWEVER, THE MINISTRY OF 
ECONOMY HAS RECENTLY WORKED OUT NEW RULES FOR GRANTING STATE AID, 
WHICH SHOULD BE ENACTED LATER IN 2005.  BESIDES STATE AID, 
SLOVAKIA CURRENTLY OFFERS THE MOST ADVANTAGEOUS TAX ENVIRONMENT 
FOR CORPORATIONS FROM ALL OECD AND EU STATES.  IN 2004, THE 
COUNTRY IMPOSED A FLAT INCOME TAX RATE OF 19 PERCENT, BOTH FOR 
CORPORATIONS AND INDIVIDUALS.  IN ADDITION, THE GOS STOPPED 
WITHHOLDING TAXES ON DIVIDENDS, THUS PERMITTING FOREIGN FIRMS TO 
PAY BACK PARENT COMPANIES WITHOUT THE STATE TAKING A CUT. 
 
6.  IN 2004, THE GOS GRANTED A TOTAL OF SKK 7.95 BILLION (USD 274 
MILLION) IN STATE AID TO 18 PROJECTS, OF WHICH SKK 7.35 BILLION 
(USD 253.5 MILLION) WAS PROVIDED IN THE FORM OF TAX RELIEF AND 
SKK 600.4 MILLION (USD 20.5 MILLION) AS EDUCATION AND RE- 
QUALIFICATION GRANTS.  THE 2005 GOS BUDGET PROJECTS EXPENDITURES 
FOR INVESTMENT INCENTIVES OF SKK 3.7 BILLION (USD 127.4 MILLION), 
WITH A LARGE MAJORITY OF IT GOING TO THE TWO LARGEST PROJECTS IN 
THE COUNTRY, THE CAR PLANTS OF HYUNDAI/KIA AND PEUGEOT (SEE 
PARAGRAPH 10 FOR ADDITIONAL INFORMATION).  POTENTIALLY, THE 2005 
BUDGET ALLOCATION STATE AID COULD BE INCREASED AS IT WAS IN 2004. 
(NOTE: SIMPLY QUALIFYING FOR STATE AID DOES NOT GUARANTEE THAT IT 
WILL BE GRANTED, DISPERSAL OF FUNDS DEPENDS ON BUDGET 
 
ALLOCATIONS). 
 
7.  THE INDUSTRIAL PARK LAW HELPS MUNICIPALITIES DEVELOP SPECIAL 
INDUSTRIAL ZONES THROUGH FUNDING ASSISTANCE FROM THE GOS.  THE 
GOS CAN FUND UP TO 85 PERCENT OF THE OVERALL COST RELATED TO THE 
PURCHASE OF LAND AND DEVELOPMENT OF INFRASTRUCTURE IN AN 
INDUSTRIAL PARK. IN REGIONS WITH AN UNEMPLOYMENT RATE EXCEEDING 
10 PERCENT, STATE CO-FINANCING COULD COVER AS MUCH AS 95 PERCENT 
OF ALL ELIGIBLE COSTS (NOTE: THIS EXEMPTION APPLIES TO VIRTUALLY 
ALL REGIONS IN SLOVAKIA, EXCEPT FOR WESTERN SLOVAKIA).  THE 2005 
STATE BUDGET SET ASIDE SKK 132 MILLION (USD 4.6 MILLION) FOR 
CAPITAL EXPENDITURES RELATED TO THIS ACT.  CURRENTLY, THERE ARE 
SEVERAL WELL-DEVELOPED INDUSTRIAL PARKS IN SLOVAKIA READY FOR 
INVESTMENT.  A WEBSITE "HTTP://WWW.SARIO.SK", OFFERS MORE 
INFORMATION. 
 
8.  THE FIRST DZURINDA ADMINISTRATION SIGNALED ITS OPENNESS TO 
FDI BY RESCINDING THE PREVIOUS GOVERNMENT'S LAW ON STRATEGIC 
PRIVATIZATION, WHICH PROHIBITED PRIVATIZATION OF NUMEROUS STATE- 
OWNED ENTERPRISES.  THE CURRENT LAW PERMITS COMPLETE 
PRIVATIZATION OF MOST BUSINESSES AND ALLOWS FOR 49-PERCENT 
FOREIGN OWNERSHIP AND MANAGEMENT CONTROL OF THE NATURAL GAS 
COMPANY, THE ELECTRIC POWER PRODUCER, ELECTRICITY DISTRIBUTORS, 
AND AN OIL PIPELINE.  ALL OF THESE PRIVATIZATIONS, EXCEPT FOR 
ELECTRICITY PRODUCTION, HAVE BEEN COMPLETED.  THE STATE MUST 
STILL RETAIN OWNERSHIP OF RAILROAD RIGHTS OF WAY, POSTAL 
SERVICES, WATER SUPPLIES (BUT NOT SUPPLIERS) AND FORESTRY 
COMPANIES. 
 
9.  AS A RESULT OF INVESTMENT LIBERALIZATION EFFORTS, SLOVAKIA 
HAS SIGNIFICANTLY NARROWED THE INVESTMENT GAP WITH ITS NEIGHBORS. 
BY THE END OF THE THIRD QUARTER OF 2004, SLOVAKIA'S PER CAPITA 
FDI HAD RISEN TO USD 2,131, COMPARED TO USD 1,097 IN POLAND (END- 
2003 FIGURE), USD 4,419 IN THE CZECH REPUBLIC AND USD 4,489 IN 
HUNGARY.  IN JANUARY 2005, THE SLOVAK INVESTMENT AND TRADE 
DEVELOPMENT AGENCY (SARIO) SAID IT HAD SIGNED 47 INVESTMENT DEALS 
IN 2004 VALUED AT USD 2.26 BILLION, UP FROM 22 DEALS FOR USD 1.55 
BILLION IN 2003, AND IT ADDED 260 MORE WERE IN THE WORKS. 
 
10.  THE BIGGEST 2004 CONTRACTS INCLUDED A USD 140-MILLION 
INVESTMENT BY SWISS RECORDABLE MEDIA PRODUCER SKY MEDIA, A USD 
230 MILLION INVESTMENT BY SWISS GLASS COMPANY GLAS TROESCH AG AND 
A USD 65 MILLION INVESTMENT BY U.S. SECOND LARGEST CAR SUPPLIER 
VISTEON.  IN THE LAST TWO YEARS, SLOVAKIA HAS ATTRACTED THREE BIG 
AUTOMOTIVE PROJECTS, I.E. A USD 930 MILLION CAR PLANT BY PEUGEOT, 
EUROPE'S SECOND LARGEST CARMAKER, A USD 1.5 BILLION INVESTMENT 
FROM HYUNDAI/KIA, THE WORLD'S SEVENTH BIGGEST CAR PRODUCER AND A 
USD 400 MILLION INVESTMENT FROM FORD, THE SECOND LARGEST CAR 
COMPANY IN THE U.S. TOGETHER WITH VOLKSWAGEN, CARMAKERS IN 
SLOVAKIA ARE PROJECTED TO SHIP AROUND 850,000 VEHICLES A YEAR BY 
2007.  AT THAT LEVEL, THE COUNTRY WOULD HAVE THE WORLD'S LARGEST 
AUTO PRODUCTION PER CAPITA. 
 
-------------------------------- 
CONVERSION AND TRANSFER POLICIES 
-------------------------------- 
 
11.  THE SLOVAK CROWN (SKK) IS FULLY CONVERTIBLE FOR CURRENT 
ACCOUNT AND CAPITAL TRANSACTIONS.  IN 1998, THE SLOVAK CENTRAL 
BANK (NBS) ABANDONED THE PEG (A BASKET CONSISTING OF 60 PERCENT 
GERMAN MARKS AND 40 PERCENT U.S. DOLLARS) AND PERMITTED THE CROWN 
TO FLOAT.  SINCE THEN (THROUGH THE END OF 2004), THE CROWN HAS 
APPRECIATED 3.8 PERCENT COMPARED TO THE FORMER PARITY.  THE 
AVERAGE EXCHANGE RATE IN 2004 WAS SKK 32.55 TO ONE U.S. DOLLAR, 
ALTHOUGH THIS RATE DROPPED TO SKK 29 IN DECEMBER.  THE AVERAGE 
RATE FOR 2003 WAS SKK/USD 36.77 AND IN 2002 SKK/USD 45.34. 
 
12.  THE FOREIGN EXCHANGE ACT GOVERNS FOREIGN EXCHANGE OPERATIONS 
AND ONE CAN EASILY CONVERT OR TRANSFER FUNDS ASSOCIATED WITH AN 
INVESTMENT INTO A FREELY CONVERTIBLE CURRENCY.  AS A MEMBER OF 
THE OECD, SLOVAKIA MEETS ALL INTERNATIONAL STANDARDS FOR 
CONVERSION AND TRANSFER POLICY.  IN 2003, AN AMENDMENT TO THE 
FOREIGN EXCHANGE ACT LIBERALIZED OPERATIONS WITH FINANCIAL 
DERIVATIVES AND ABOLISHED THE LIMIT ON THE EXPORT AND IMPORT OF 
BANKNOTES AND COINS (DOMESTIC AND FOREIGN CURRENCY). SINCE 
JANUARY 2004, AN AMENDMENT TO THE FOREIGN EXCHANGE ACT AUTHORIZED 
SLOVAK RESIDENTS TO OPEN ACCOUNTS ABROAD AND ELIMINATED THE 
OBLIGATION TO TRANSFER FINANCIAL ASSETS ACQUIRED ABROAD INTO 
SLOVAKIA.  NO PERMISSION IS NEEDED TO ISSUE FOREIGN SECURITIES IN 
SLOVAKIA, AND SLOVAKS ARE FREE TO TRADE, BUY AND SELL FOREIGN 
SECURITIES. 
 
------------------------------ 
EXPROPRIATION AND COMPENSATION 
------------------------------ 
 
13.  IN 2004, SLOVAKIA WITNESSED ONE EXPROPRIATION CASE, WIDELY 
CONSIDERED AN ANOMALY.  THE GOS BEGAN AN EXPROPRIATION PROCESS 
FOR LAND FROM LOCAL FARMERS TO USE FOR THE SITE OF HYUNDAI/KIA'S 
CAR PLANT - THE COUNTRY'S LARGEST FOREIGN GREENFIELD INVESTMENT 
 
EVER.  AN INDEPENDENT PANEL ESTABLISHED THE MARKET VALUE OF THE 
LAND AND THE GOS PAID THIS AMOUNT; SOME LANDOWNERS HAVE APPEALED. 
THE CONSTITUTION, AS WELL AS THE COMMERCIAL AND CIVIL CODES, 
PERMITS EXPROPRIATION ONLY IN EXCEPTIONAL CASES OF PUBLIC 
INTEREST, AND COMPENSATION MUST BE PROVIDED.  THE LAW ALSO 
PROVIDES FOR AN APPEAL PROCESS. 
 
------------------ 
DISPUTE SETTLEMENT 
------------------ 
 
14.  THERE HAVE BEEN NO MAJOR INVESTMENT DISPUTES IN SLOVAKIA IN 
RECENT YEARS.  SLOVAKIA IS A CONTRACTING STATE OF THE 
INTERNATIONAL CENTER FOR THE SETTLEMENT OF INVESTMENT DISPUTES 
(ESTABLISHED UNDER THE 1966 WASHINGTON CONVENTION) AND IS A 
MEMBER OF THE 1958 NEW YORK CONVENTION ON THE RECOGNITION AND 
ENFORCEMENT OF FOREIGN ARBITRAGE AWARDS. 
 
15.  THE SLOVAK LEGAL SYSTEM IS COMPRISED OF 55 DISTRICT COURTS, 
EIGHT REGIONAL COURTS, AND A SUPREME COURT, ALL OF WHICH ARE 
UNDER THE JURISDICTION OF THE MINISTRY OF JUSTICE.  JUDGES ARE 
APPOINTED INITIALLY FOR A TERM OF FOUR YEARS AND SUBSEQUENTLY 
EITHER RE-APPOINTED FOR LIFE OR REMOVED FROM OFFICE.  ONCE 
APPOINTED FOR LIFE, JUDGES MAY BE REMOVED ONLY FOR CAUSE.  MOST 
CRIMINAL CASES AND MINOR CIVIL CASES ARE HANDLED BY DISTRICT 
COURTS, WHILE REGIONAL COURTS HEAR APPEALS AND MAJOR CRIMINAL AND 
CIVIL CASES.  THE SUPREME COURT IN BRATISLAVA IS THE COURT OF 
FINAL REVIEW EXCEPT FOR CONSTITUTIONAL CASES, WHICH ARE UNDER THE 
EXCLUSIVE JURISDICTION OF THE CONSTITUTIONAL COURT.  THE FUNCTION 
OF THE SLOVAK CONSTITUTIONAL COURT IS SIMILAR TO THAT OF THE U.S. 
SUPREME COURT, EXCEPT THE PRESIDENT APPOINTS JUDGES TO THE 
CONSTITUTIONAL COURT FOR A SINGLE TERM OF SEVEN YEARS. 
 
16.  THE LEGAL SYSTEM ENFORCES PROPERTY AND CONTRACTUAL RIGHTS, 
BUT DECISIONS MAY TAKE YEARS, THUS LIMITING THE UTILITY OF THE 
COURTS FOR DISPUTE RESOLUTION.  SLOVAK COURTS RECOGNIZE AND 
ENFORCE FOREIGN JUDGMENTS, SUBJECT TO THE SAME DELAYS.  THE 
COMMERCIAL CODE SEEMS TO BE APPLIED CONSISTENTLY.  A BANKRUPTCY 
LAW EXISTS BUT HAS NOT BEEN AS EFFECTIVE AS NEEDED AND 
ENFORCEMENT REMAINS ERRATIC.  SLOVAKIA ACCEPTS BINDING 
INTERNATIONAL ARBITRATION, AND THE SLOVAK CHAMBER OF COMMERCE AND 
INDUSTRY HAS A COURT OF ARBITRATION FOR ALTERNATIVE DISPUTE 
RESOLUTION; NEARLY ALL CASES INVOLVE DISPUTES BETWEEN SLOVAK AND 
FOREIGN PARTIES.  SLOVAK DOMESTIC COMPANIES GENERALLY DO NOT MAKE 
USE OF ARBITRATION CLAUSES IN CONTRACTS. 
 
17.  SLOVAKIA RECOGNIZES SECURED INTERESTS IN IMMOVABLE PROPERTY, 
NORMALLY SECURED BY PHYSICAL POSSESSION OF, OR A CONVEYED TITLE 
TO, THE PROPERTY IN QUESTION UNTIL THE LOAN IS REPAID.  THERE IS 
A RECOGNIZED PROCEDURE FOR FORECLOSURES, WHICH SPECIFIES HOW 
EVICTIONS ARE HANDLED, DEBTS ARE REPAID AND ANY REMAINING FUNDS 
ARE RETURNED TO THE TITLEHOLDER.  AS OF 2003, SLOVAKIA HAS IN 
PLACE ONE OF THE MOST ADVANCED FRAMEWORKS FOR REGISTERING 
SECURITY INTERESTS IN MOVEABLE PROPERTY OF ANY COUNTRY IN EUROPE. 
 
----------------------------------- 
PERFORMANCE REQUIREMENTS/INCENTIVES 
----------------------------------- 
 
18.  SLOVAKIA HAS NO FORMAL PERFORMANCE REQUIREMENTS FOR 
ESTABLISHING, MAINTAINING, OR EXPANDING FOREIGN INVESTMENTS. 
HOWEVER, SUCH REQUIREMENTS MAY BE INCLUDED AS CONDITIONS OF 
SPECIFIC NEGOTIATIONS FOR PROPERTY INVOLVED IN LARGE-SCALE 
PRIVATIZATION BY DIRECT SALE OR PUBLIC AUCTION.  (NOTE: SEE THE 
"OPENNESS TO FOREIGN INVESTMENT" SECTION FOR DETAILS ON 
INCENTIVES).  THERE ARE NO OBSTACLES FOR FOREIGN ENTITIES TO 
PARTICIPATE IN GOS FINANCED AND/OR SUBSIDIZED RESEARCH AND 
DEVELOPMENT PROGRAMS AND RECEIVE EQUAL TREATMENT AS DOMESTIC 
ENTITIES.  THE CURRENT GOVERNMENT ABOLISHED DOMESTIC OWNERSHIP 
REQUIREMENTS FOR TELECOMMUNICATIONS AND BROADCAST LICENSES. 
 
-------------------------------------------- 
RIGHT TO PRIVATE OWNERSHIP AND ESTABLISHMENT 
-------------------------------------------- 
 
19.  FOREIGN AND DOMESTIC PRIVATE ENTITIES HAVE THE RIGHT TO 
ESTABLISH AND OWN BUSINESS ENTERPRISES AND ENGAGE IN ALL FORMS OF 
REMUNERATIVE ACTIVITY IN SLOVAKIA.  COMPETITIVE EQUALITY IS THE 
STANDARD BY WHICH PRIVATE ENTERPRISES COMPETE WITH PUBLIC 
ENTITIES.  IN ADDITION, BUSINESSES ARE ABLE TO CONTRACT DIRECTLY 
WITH FOREIGN ENTITIES.  PRIVATE ENTERPRISES ARE FREE TO 
ESTABLISH, ACQUIRE AND DISPOSE OF BUSINESS INTERESTS, BUT ALL 
SLOVAK OBLIGATIONS OF LIQUIDATED COMPANIES MUST BE PAID BEFORE 
ANY REMAINING FUNDS ARE TRANSFERRED OUT OF SLOVAKIA.  NON- 
RESIDENTS FROM EU AND OECD MEMBER COUNTRIES CAN ACQUIRE REAL 
ESTATE FOR BUSINESS PREMISES. FOR A TRANSITIONAL PERIOD OF SEVEN 
YEARS STARTING MAY 1, 2004, FOREIGN LEGAL ENTITIES CAN BUY 
AGRICULTURAL AND FORESTRY LAND, AS WELL AS LAND IN RESIDENTIAL 
AREAS ONLY IF THEY ESTABLISH A LEGALLY REGISTERED SLOVAK COMPANY. 
FROM JANUARY 2004, THERE ARE NO RESTRICTIONS FOR SLOVAK RESIDENTS 
 
ON THE PURCHASE, EXCHANGE AND SALE OF REAL ESTATE ABROAD. 
 
----------------------------- 
PROTECTION OF PROPERTY RIGHTS 
----------------------------- 
 
20.  SECURED INTERESTS IN PROPERTY AND CONTRACTUAL RIGHTS ARE 
RECOGNIZED AND ENFORCED.  THE MORTGAGE MARKET IN SLOVAKIA IS 
GROWING AND A RELIABLE SYSTEM OF RECORDING SUCH INTERESTS EXISTS. 
HOWEVER, TITLES TO REAL PROPERTY ARE OFTEN UNCLEAR AND CAN TAKE 
SIGNIFICANT AMOUNTS OF TIME TO DETERMINE.  THE GOS RECOGNIZES 
THIS PROBLEM AND IS TAKING STEPS TO RESOLVE IT.  UNFORTUNATELY, 
LEGAL DECISIONS MAY STILL TAKE YEARS, THUS LIMITING THE UTILITY 
OF THE SYSTEM FOR DISPUTE RESOLUTION. 
 
21.  SLOVAK COURTS RECOGNIZE AND ENFORCE FOREIGN JUDGMENTS, 
SUBJECT TO THE AFOREMENTIONED DELAYS, AND THE COMMERCIAL CODE IS 
APPLIED CONSISTENTLY.  A BANKRUPTCY LAW EXISTS, BUT HAS NOT BEEN 
FULLY EFFECTIVE, DESPITE SEVERAL AMENDMENTS TO STRENGTHEN IT. 
THERE IS ALSO A CONVICTION IN BUSINESS CIRCLES THAT CORRUPTION 
STILL PERSISTS TO BE A SIGNIFICANT FACTOR IN THE COURT SYSTEM. 
 
22.  PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FALLS UNDER THE 
JURISDICTION OF TWO AGENCIES.  THE INDUSTRIAL PROPERTY OFFICE IS 
RESPONSIBLE FOR MOST AREAS AND THE MINISTRY OF CULTURE IS 
RESPONSIBLE FOR COPYRIGHTS (INCLUDING SOFTWARE).  SLOVAKIA IS A 
MEMBER OF THE WORLD TRADE ORGANIZATION (WTO), THE EUROPEAN PATENT 
ORGANIZATION AND THE WORLD INTELLECTUAL PROPERTY ORGANIZATION 
(WIPO).  SLOVAKIA ADHERES TO MAJOR INTELLECTUAL PROPERTY 
AGREEMENTS INCLUDING THE BERN CONVENTION FOR PROTECTION OF 
LITERARY AND ARTISTIC WORKS, THE PARIS CONVENTION FOR PROTECTION 
OF INDUSTRIAL PROPERTY, AND NUMEROUS OTHER INTERNATIONAL 
AGREEMENTS ON DESIGN CLASSIFICATION, REGISTRATION OF GOODS, 
APPELLATIONS OF ORIGIN, PATENTS, ETC.  IN GENERAL, PATENTS, 
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS, TRADE SECRETS, AND 
SEMICONDUCTOR CHIP DESIGN APPEAR ADEQUATELY PROTECTED UNDER 
SLOVAK LAW AND PRACTICE. 
 
23.  AT PRESENT, PATENT PROTECTION IS NOT ADEQUATE FOR 
PHARMACEUTICALS, ALTHOUGH THE GOS HAS PLEDGED TO REMEDY THIS 
SITUATION.  THE WTO TRIPS AGREEMENT IS LEGALLY IN FORCE IN 
SLOVAKIA, BUT THERE HAVE BEEN NO CASES BROUGHT TO TEST ACTUAL 
ENFORCEMENT.  IN 2004, SLOVAKIA REMAINED ON THE WATCH LIST (THE 
LOWEST LEVEL OF VIOLATION) OF THE U.S. TRADE REPRESENTATIVE'S 
ANNUAL INTERAGENCY "SPECIAL 301" REVIEW FOR FAILING TO ADEQUATELY 
PROTECT PATENT RIGHTS WITHIN THE PHARMACEUTICAL SECTOR. 
 
------------------------------------- 
TRANSPARENCY OF THE REGULATORY SYSTEM 
------------------------------------- 
 
24.  IN GENERAL, TRANSPARENCY AND PREDICTABILITY HAVE BEEN 
PROBLEMATIC FOR MANY ISSUES INVOLVING INVESTORS.  THE PROCESS OF 
OBTAINING RESIDENCY PERMITS FOR EXPATRIATE MANAGERS HAS BEEN 
WIDELY CRITICIZED AS DIFFICULT AND TIME-CONSUMING.  INVESTORS 
ALSO COMPLAIN THAT PURCHASING LAND AND OBTAINING BUILDING PERMITS 
ARE LONG AND UNPREDICTABLE PROCESSES.  FORMERLY, INCONSISTENCIES 
WITHIN THE TAX SYSTEM HAD BEEN A PROBLEM, BUT A MAJOR TAX REFORM 
IN 2004 HAS DRAMATICALLY IMPROVED THIS SITUATION.  TODAY, MANY 
OBSERVERS CONSIDER SLOVAKIA'S FLAT RATE TAX SYSTEM TO BE ONE OF 
THE SIMPLEST IN EUROPE. 
 
25.  THE COMMERCIAL CODE AND THE 1991 ECONOMIC COMPETITION ACT 
GOVERN COMPETITION POLICY IN SLOVAKIA.  THE ANTI-MONOPOLY OFFICE 
IS RESPONSIBLE FOR PREVENTING NONCOMPETITIVE SITUATIONS.  THE 
2003 LAW ON PUBLIC PROCUREMENT HARMONIZES SLOVAK LAW WITH ALL 
RELEVANT EU DIRECTIVES ON PUBLIC PROCUREMENT. IN RECENT YEARS, 
THE OFFICE OF PUBLIC PROCUREMENT, THE SUPERVISION BODY OF THE 
PROCUREMENT PROCESS, HAS BEEN EMBROILED IN SEVERAL CONTROVERSIAL 
PUBLIC TENDERS.  MOREOVER, IN 2003, AS MUCH AS 70 PERCENT OF USD 
2 BILLION OF CONTRACTS PROVIDED BY STATE ORGANS WENT TO 
CONTRACTORS CHOSEN IN A NEGOTIATED PROCEDURE WITHOUT FORMAL 
PUBLIC NOTICE.  THE SLOVAK CHAPTER OF TRANSPARENCY INTERNATIONAL 
(TI) WARNS THAT THIS METHOD LEAVES VAST SPACE FOR CORRUPTION. 
 
--------------------------------------------- ----- 
EFFICIENT CAPITAL MARKETS AND PORTFOLIO INVESTMENT 
--------------------------------------------- ----- 
 
26.  AFTER SLOVAKIA JOINED THE OECD, THE EXPORT OF CAPITAL AND 
OUTWARD DIRECT INVESTMENT WERE LIBERALIZED TO CONFORM TO 
INTERNATIONAL STANDARDS.  AS OF JUNE 2004, THE SLOVAK BANKING 
SECTOR WAS COMPRISED OF 20 BANKS, INCLUDING TWO BRANCHES OF 
FOREIGN BANKS AND THREE SPECIALIZED BANKING INSTITUTIONS. 
CITIBANK IS THE ONLY U.S. BANK IN SLOVAKIA.  THE ONCE-BATTERED 
SECTOR IS NOW 97 PERCENT FOREIGN OWNED (WITH ONLY ONE MEDIUM- 
SIZED BANK, IN TERMS OF ASSETS, FULLY CONTROLLED BY DOMESTIC 
OWNERS) AND HAS WITNESSED A DRAMATIC RECOVERY.  THROUGH OCTOBER 
2004, THE ASSETS OF ALL SLOVAK BANKS TOTALED USD 38.2 BILLION, AN 
INCREASE OF 11.5 PERCENT FROM THE PREVIOUS YEAR.  THE TOTAL 
 
VOLUME OF CLASSIFIED LOANS WAS USD 1.44 BILLION, WITH PROVISIONS 
OF USD 885.6 MILLION COVERING 61.5 PERCENT. 
 
27.  DESPITE A GRADUAL RECOVERY IN THE PAST THREE YEARS, 
SLOVAKIA'S STOCK MARKET REMAINS WEAK AND UNIMPORTANT IN AN 
INTERNATIONAL CONTEXT.  IN 2001, THE BRATISLAVA STOCK EXCHANGE 
(BSSE) OPENED A FLOOR FOR TRADING FOREIGN SECURITIES IN ORDER TO 
BOOST THE MARKET SENTIMENT, BUT TO DATE THERE HAS BEEN LITTLE 
ACTIVITY.  THE BSSE'S TRADING SYSTEM ENABLES IT TO ORGANIZE 
SECURITIES TRADING IN ANY CURRENCY AND TO STRUCTURE STOCK 
EXCHANGES WITH FEW RESTRICTIONS.  IMPORTANTLY, ECONOMISTS BELIEVE 
THAT REFORMS IN SLOVAKIA'S PENSION SYSTEM WILL PROVIDE A MAJOR 
BOOST TO DOMESTIC EQUITY TRADING AS NEWLY-ESTABLISHED PENSION 
ADMINISTRATION COMPANIES WILL BE OBLIGED BY THE LAW TO INVEST AT 
LEAST 30 PERCENT OF THEIR ASSETS IN SLOVAKIA. 
 
28.  AT THE END OF NOVEMBER 2004, THE TOTAL NUMBER OF ISSUES ON 
THE BSSE WAS 464, OF WHICH 64 WERE BOND ISSUES.  TOTAL MARKET 
CAPITALIZATION AMOUNTED TO USD 15.71 BILLION (UP 12.7 PERCENT 
FROM NOVEMBER 2003), OF WHICH DEBT ISSUE CAPITALIZATION 
REPRESENTED USD 11.58 BILLION (UP 10.3 PERCENT FROM NOVEMBER 
2003).  THE TOTAL VOLUME TRADED IN FIRST ELEVEN MONTHS OF 2004 
WAS USD 12.16 BILLION (DOWN 56 PERCENT FROM 2003), WITH ALMOST 22 
MILLION UNITS OF SECURITIES CHANGING OWNERS IN 15,668 
TRANSACTIONS IN THE COURSE OF THE YEAR.  THE STOCK INDEX, SAX, 
CLOSED NOVEMBER 2004 WITH A 70.32 PERCENT GAIN YEAR-ON-YEAR (YOY) 
AFTER RISING 26.9 PERCENT IN 2003, THE SDX INDEX COMPONENT FOR 
GOVERNMENT BONDS WAS UP 8.62 PERCENT (4.2 PERCENT IN 2003) AND 
THE INDEX FOR CORPORATE AND BANK BONDS INCREASED BY 8.38 PERCENT 
(7.2 PERCENT IN 2003). 
 
------------------ 
POLITICAL VIOLENCE 
------------------ 
 
29.  THERE HAVE BEEN NO REPORTS OF POLITICALLY MOTIVATED DAMAGE 
TO PROPERTY, AND CIVIL DISTURBANCES ARE RARE.  THERE HAS BEEN NO 
VIOLENCE DIRECTED TOWARD FOREIGN-OWNED COMPANIES.  WHILE NOT 
AIMED AT AMERICANS, ORGANIZED CRIME IS PRESENT IN SLOVAKIA, AND 
VIOLENCE BETWEEN RIVAL ORGANIZATIONS HAS RESULTED IN SEVERAL 
FATALITIES. 
 
---------- 
CORRUPTION 
---------- 
 
30.  IN 1998, THE DZURINDA GOVERNMENT PROCLAIMED THE FIGHT 
AGAINST CORRUPTION TO BE A PRIORITY.  SINCE THEN THE GOS HAS 
DRAFTED A NATIONAL ANTI-CORRUPTION PROGRAM, APPOINTED A 
CORRUPTION STEERING COMMITTEE, AMENDED THE CRIMINAL CODE IN 
ATTEMPTS TO STRENGTHEN LAW ENFORCEMENT, APPROVED A LAW 
MODERNIZING PUBLIC PROCUREMENT, AND ENACTED A STRONG FREEDOM OF 
INFORMATION ACT.  THE PRESS HAS TAKEN A MORE ACTIVE ROLE IN 
REPORTING CORRUPTION, AND PUBLIC AWARENESS HAS INCREASED.  THE 
SLOVAK CHAPTER OF TI IS ACTIVE AND HAS PARTICIPATED IN PUBLIC 
TENDERS.  SLOVAKIA IS A SIGNATORY TO THE OECD CONVENTION ON 
BATTLING BRIBERY, AND TO GIVE OR ACCEPT BRIBES IS A CRIMINAL ACT. 
THE USG AWARDED A GRANT TO TI TO CARRY OUT A CAMPAIGN TO PROMOTE 
PUBLIC AWARENESS OF CORRUPTION AND HAS BROUGHT ANTI-CORRUPTION 
EXPERTS TO SLOVAKIA FOR CONSULTATIONS.  THE PROGRAM FINANCED FROM 
THE USG GRANT CLOSED IN JUNE 2004. 
 
31.  SLOVAKIA RANKED 57TH ON TI'S 2004 CORRUPTION PERCEPTION 
INDEX (UP FROM 59TH IN 2003) THAT MEASURES THE LEVEL OF 
CORRUPTION IN 146 COUNTRIES. ACCORDING TO A MAY 2004 SURVEY BY 
THE LOCAL CHAPTER OF TI, THE SLOVAK PUBLIC PERCEIVES CORRUPTION 
AS THE SOCIETY'S FOURTH MOST SERIOUS PROBLEM AFTER LIVING 
CONDITIONS, UNEMPLOYMENT AND THE HEALTHCARE SYSTEM. THE MOST 
COMMON FORM OF CORRUPTION IS BRIBERY, WHICH IS WIDESPREAD IN THE 
HEALTHCARE SECTOR AND COURTS. INTERESTINGLY, A MID-YEAR POLL 
SHOWED THAT CORRUPTION IN SLOVAKIA HAS WIDENED PRIMARILY WITHIN 
LOCAL GOVERNMENTS. IN CONTRAST, IT HAD ITS LARGEST DROP AMONG THE 
POLICE. THE POLL ALSO SHOWED THAT SLOVAKS FEEL THE GOS HAD FAILED 
IN THE FIGHT AGAINST CORRUPTION OVER THE PAST FIVE YEARS.  IN 
1999, THE POLL SHOWED 40 PERCENT SLOVAKS THOUGHT THE GOS HAD 
NEGLECTED THE CORRUPTION PROBLEM, WHILE IN 2004 THAT NUMBER HAD 
INCREASED TO 60 PERCENT.  IN ADDITION, ONE-THIRD OF THE 
RESPONDENTS ADMITTED TO PAYING A BRIBE IN THE LAST THREE YEARS. 
 
------------------------------- 
BILATERAL INVESTMENT AGREEMENTS 
------------------------------- 
 
32.  SLOVAKIA HAS BILATERAL INVESTMENT TREATIES WITH THE 
FOLLOWING COUNTRIES: AUSTRALIA, AUSTRIA, BELGIUM, BELARUS, 
BULGARIA, CANADA, CHINA, CROATIA, CUBA, THE CZECH REPUBLIC, 
DENMARK, EGYPT, THE FEDERAL REPUBLIC OF YUGOSLAVIA, FINLAND, 
FRANCE, GERMANY, GREECE, HUNGARY, INDONESIA, IRELAND, ICELAND, 
ISRAEL, ITALY, KOREA, LATVIA, LITHUANIA, LUXEMBOURG, MALTA, THE 
NETHERLANDS, SOUTH KOREA, NORWAY, POLAND, PORTUGAL, ROMANIA, 
 
SLOVENIA, SOUTH AFRICA, SPAIN, SWEDEN, SWITZERLAND, TAJIKISTAN, 
TURKEY, TURKMENISTAN, UKRAINE, THE UNITED KINGDOM, THE U.S., AND 
UZBEKISTAN.  LIKE OTHER NEW EU MEMBERS, SLOVAKIA HAD TO NEGOTIATE 
AN AMENDMENT TO ITS BILATERAL INVESTMENT TREATY WITH THE U.S., 
BECAUSE IT WAS CONSIDERED INCONSISTENT WITH EU LEGISLATION.  THE 
AMENDED TREATY ENTERED INTO FORCE ON MAY 14, 2004. 
 
-------------------------------------------- 
OPIC AND OTHER INVESTMENT INSURANCE PROGRAMS 
-------------------------------------------- 
 
33.  THE OVERSEAS PRIVATE INVESTMENT CORPORATION (OPIC) HAS BEEN 
ACTIVE IN SLOVAKIA AND OFFERS U.S. INVESTORS INSURANCE AGAINST 
POLITICAL RISK, EXPROPRIATION OF ASSETS, DAMAGES DUE TO POLITICAL 
VIOLENCE, AND CURRENCY INCONVERTIBILITY.  OPIC CAN PROVIDE 
SPECIALIZED INSURANCE COVERAGE FOR CERTAIN CONTRACTING, 
EXPORTING, LICENSING, AND LEASING TRANSACTIONS UNDERTAKEN BY U.S. 
INVESTORS IN SLOVAKIA.  SLOVAKIA IS A MEMBER OF THE MULTILATERAL 
INVESTMENT GUARANTEE AGENCY (MIGA). 
 
34.  THE EMBASSY'S 2005 ANNUAL BUDGET IS APPROXIMATELY USD 6.5 
MILLION.  THE EMBASSY PURCHASES LOCAL CURRENCY AT RATE GENERATED 
BY THE FINANCIAL SUPPORT CENTER IN CHARLESTON AND THE CURRENT 
RATE (JANUARY 10) IS SKK 29.6 /USD 1.  ANALYSTS FORECAST THAT THE 
SLOVAK CURRENCY WILL CONTINUE TO APPRECIATE IN THE NEAR FUTURE. 
 
----- 
LABOR 
----- 
 
35.  SLOVAKIA HAS ONE OF THE MOST LIBERAL LABOR CODES IN EUROPE, 
ALLOWING LAYOFFS TO MEET ECONOMIC CYCLES.  ITS WORKFORCE OF MORE 
THAN TWO MILLION HAS A STRONG TRADITION IN ENGINEERING AND 
MECHANICAL PRODUCTION.  LITERACY IN SLOVAKIA IS ALMOST UNIVERSAL 
(MORE THAN 99 PERCENT), AND MOST WORKERS ARE HIGHLY EDUCATED AND 
TECHNICALLY SKILLED.  FOREIGN COMPANIES FREQUENTLY PRAISE THE 
MOTIVATION AND ABILITIES OF YOUNGER WORKERS, WHO ALSO OFTEN HAVE 
GOOD LANGUAGE AND COMPUTER SKILLS.  HOWEVER, OLDER WORKERS OFTEN 
HAVE POOR LANGUAGE AND WEAK MANAGERIAL SKILLS.  SLOVAKS HAVE A 
REPUTATION FOR BEING TECHNICALLY SKILLED, PARTICULARLY IN HEAVY 
INDUSTRY.  EDUCATION LEVELS MATCH OR EXCEED NEIGHBORING 
COUNTRIES; WITH NEARLY 86 PERCENT OF SLOVAKS AGED 25-64 HAVING AT 
LEAST A HIGH SCHOOL EDUCATION.  ACCORDING TO THE WORLD BANK'S 
STUDENT LEARNING ASSESSMENT DATABASE, SLOVAKS OUTSCORED ALL OTHER 
CENTRAL AND EASTERN EUROPEAN STUDENTS IN MATH AND PLACED THIRD 
(BEHIND HUNGARY AND THE CZECH REPUBLIC) IN SCIENCES. 
 
36.  AT JUST USD 8,818 PER EMPLOYEE, SLOVAKIA HAD THE LOWEST 
REMUNERATION COSTS IN THE EU IN 2004, ACCORDING TO A SURVEY BY 
DELOITTE AND TOUCHE, THE PROFESSIONAL SERVICES FIRM. EMPLOYER 
COSTS ON EMPLOYEES IN THE SLOVAK ECONOMY REPRESENTED ONLY 13.2 
PERCENT OF THAT IN GERMANY, WHICH TOPPED EUROPE'S LABOR COSTS 
WITH AN AVERAGE REMUNERATION PACKAGE OF USD 66,941 LAST YEAR. THE 
SURVEY TAKES INTO ACCOUNT TAX AND SOCIAL SECURITY COSTS AS WELL 
AS AVERAGE EARNINGS. OF THE 10 NEW EU MEMBERS, ONLY POLAND AND 
ESTONIA WERE CLOSE TO SLOVAKIA WITH REMUNERATION LEVELS OF USD 
9,660 AND USD 10,070, RESPECTIVELY. THE UNEMPLOYMENT RATE HAS 
HOVERED AROUND 20 PERCENT IN RECENT YEARS, BUT HAS DECLINED TO 
UNDER 14 PERCENT RECENTLY DUE TO STRICTER POLICIES ON QUALIFYING 
FOR UNEMPLOYMENT BENEFITS AND A GROWING LEVEL OF FDI. HOWEVER, 
THERE ARE EXTENSIVE REGIONAL VARIATIONS IN UNEMPLOYMENT RATES 
ACROSS COUNTRY, WITH A RATE OF FOUR PERCENT IN BRATISLAVA BUT 
OVER 30 PERCENT IN SOME PARTS OF EASTERN SLOVAKIA.  WHILE THE 
UNEMPLOYMENT RATE IS HIGHER THAN IN MOST NEIGHBORING COUNTRIES 
(SECOND ONLY TO POLAND IN THE EU) THOSE WHO ARE UNEMPLOYED, ARE 
COMPARATIVELY WELL EDUCATED. 
 
37.  THE WORKWEEK IS STANDARDIZED AT 42.5 HOURS, AND THE OVERTIME 
ALLOWANCE IS 400 HOURS PER YEAR, PENDING AN AGREEMENT BETWEEN 
EMPLOYER AND EMPLOYEE, WHICH MAKES SLOVAKIA ONE OF THE MOST 
LIBERAL ECONOMIES IN THIS REGARD.  SINCE OCTOBER 2004, THE 
MINIMUM WAGE IS ABOUT USD 224 PER MONTH, BUT ALMOST ALL WORKERS 
EARN MORE.  WAGE RATES ROSE IN 2002, WERE FAIRLY STAGNANT IN 2003 
(DUE TO HIGHER INFLATION AS A RESULT OF DEFERRED HIKES IN STATE- 
REGULATED UTILITY PRICES AND EXCISE TAXES), AND ROSE AGAIN IN 
2004 FOLLOWING THE COUNTRY'S ACCESSION TO THE EU AND BECAUSE OF 
RISING DEMAND FOR LABOR BROUGHT ON BY INCREASED LEVELS OF FDI. 
(NOTE: FOR THE FIRST NINE MONTHS OF 2004, THE AVERAGE NOMINAL 
MONTHLY WAGE ROSE 9.8 PERCENT YOY, TO SKK 15,105 (USD 504). AT 
THE SAME TIME, REAL WAGES INCREASED 1.7 PERCENT. SLOVAK SOCIAL 
INSURANCE IS COMPULSORY AND INCLUDES A HEALTH ALLOWANCE, 
UNEMPLOYMENT INSURANCE, AND PENSION INSURANCE. 
 
38.  ALTHOUGH NEARLY 60 PERCENT OF SLOVAK WORKERS BELONG TO LABOR 
UNIONS, STRIKES ARE RARE, AND THE POPULARITY OF UNIONS IS ON THE 
DECLINE.  IN 2004, THE GOS ABOLISHED THE SO-CALLED "TRIPARTITE 
ARRANGEMENT", A DISCUSSION PLATFORM OF THE STATE, LABOR UNIONS 
AND THE EMPLOYERS' ASSOCIATION.  THE UNIONS GENERALLY HAVE BEEN 
TOLERANT OF THE COSTS IMPOSED ON LABOR BY ECONOMIC 
TRANSFORMATION, BUT A MORE AGGRESSIVE UNION LEADERSHIP HAS 
 
EMERGED THAT IS POLITICALLY ENGAGED AND ACTIVE AMONG ITS 
MEMBERSHIP.  FOLLOWING ITS RECENT LIBERALIZATION, SLOVAKIA'S 
LABOR CODE NOW FOLLOWS INTERNATIONAL STANDARDS.  SLOVAKIA IS A 
MEMBER OF THE INTERNATIONAL LABOR ORGANIZATION AND ADHERES TO ITS 
CONVENTION PROTECTING WORKER RIGHTS. 
 
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FOREIGN TRADE ZONES/FREE PORTS 
------------------------------ 
 
39.  CURRENTLY THERE ARE FOUR FREE CUSTOMS ZONES IN SLOVAKIA: 
ZILINA IN THE NORTH, BANSKA BYSTRICA IN THE CENTER, TRENCIN IN 
THE WEST, AND KOSICE IN THE EAST.  THERE ARE NO GEOGRAPHIC 
LIMITATIONS WHERE FREE CUSTOMS ZONES OR WAREHOUSES CAN BE 
LOCATED.  IN GENERAL, EXISTING ZONES DO NOT PLAY A SIGNIFICANT 
ROLE IN SLOVAKIA'S ECONOMY AND ARE NOT AN IMPORTANT FACTOR IN 
ATTRACTING FOREIGN INVESTMENT.  INSTEAD OF FREE CUSTOMS ZONES OR 
FREE CUSTOMS WAREHOUSES, A REGIME OF INWARD PROCESSING IS 
COMMONLY EMPLOYED IN SLOVAKIA.  THIS ALLOWS GOODS TO PASS THROUGH 
ONE OR MORE PROCESSING OPERATIONS WITHIN A CUSTOMS TERRITORY IN 
ONE OF TWO WAYS. FIRST, FOREIGN GOODS INTENDED FOR RE-EXPORT FROM 
THE CUSTOMS TERRITORY IN THE FORM OF COMPENSATORY PRODUCTS 
WITHOUT BEING SUBJECT TO IMPORT DUTIES OR COMMERCIAL POLICY 
MEASURES (THIS IS KNOWN AS A SUSPENSION SYSTEM).  SECOND, GOODS 
RELEASED TO A FREE CIRCULATION REGIME WITH REPAYMENT OR REMISSION 
OF THE IMPORT DUTIES CHARGEABLE ON SUCH GOODS, IF THEY ARE 
EXPORTED FROM THE CUSTOMS TERRITORY IN THE FORM OF COMPENSATORY 
PRODUCTS (THIS IS KNOWN AS A DRAWBACK SYSTEM). 
 
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FOREIGN DIRECT INVESTMENT 
------------------------- 
 
40.  THE CUMULATIVE LEVEL OF FDI HAS RISEN SHARPLY FROM USD 2.1 
BILLION AT THE START OF 1999 TO AROUND USD 11.46 BILLION AT THE 
END OF THE THIRD QUARTER IN 2004, WITH INFLOWS OF USD 2.16 
BILLION IN 2000, USD 1.27 BILLION IN 2001, USD 4.1 BILLION IN 
2002 AND USD 1 BILLION IN 2003.  THE MAJORITY OF FDI WAS 
GENERATED THROUGH PRIVATIZATION SALES, BUT SINCE 2003 MOST FDI 
HAS BEEN IN THE FORM OF NEW DEVELOPMENT.  DURING A 2003 BUSINESS 
CONFERENCE ORGANIZED BY THE U.S. EMBASSY, ALL 16 U.S. COMPANIES 
WITH OPERATIONS IN SLOVAKIA THAT MADE PRESENTATIONS EXPRESSED 
THEIR INTENTION TO EXPAND.  FOR EXAMPLE, JOHNS MANVILLE, A UNIT 
OF BERKSHIRE HATHAWAY, MADE A COMMITMENT TO SPEND AN ADDITIONAL 
USD 100 MILLION ON ITS TRNAVA PLANT. 
 
41.  THROUGH END OF THIRD QUARTER OF 2004, APPROXIMATELY 38.2 
PERCENT OF FDI WENT TO INDUSTRIAL MANUFACTURING, 22.7 PERCENT TO 
THE BANKING SECTOR, 11.7 PERCENT RETAIL AND WHOLESALE SECTORS, 
11.0 PERCENT TO PRODUCTION AND DISTRIBUTION OF GAS AND 
ELECTRICITY AND 10.1 PERCENT TO TRANSPORT AND TELECOM.  ACCORDING 
TO THE SLOVAK OFFICIAL STATISTICS, GERMANY WAS THE LEADING 
FOREIGN INVESTOR WITH 22.7 PERCENT OF FDI, FOLLOWED BY THE 
NETHERLANDS WITH 16 PERCENT AND AUSTRIA WITH 14.3 PERCENT.  THE 
U.S. CAME NINTH WITH 4.5 PERCENT.  HOWEVER, THE GOS CREDITS 
NUMEROUS U.S. INVESTMENTS TO OTHER COUNTRIES DEPENDING ON WHETHER 
THE INVESTMENTS CAME THROUGH THE INVESTORS' FOREIGN SUBSIDIARIES. 
A SURVEY CONDUCTED BY THE U.S. EMBASSY SHOWS U.S. INVESTMENT IN 
SLOVAKIA AT OVER USD 3.0 BILLION IN CURRENT AND FUTURE 
COMMITMENTS, MAKING THE U.S. APPROXIMATELY THE THIRD LEADING 
FOREIGN INVESTOR IN SLOVAKIA.  THE REGION OF BRATISLAVA HAS 
ABSORBED 69.8 PERCENT OF THE TOTAL FDI THROUGH 2004, FOLLOWED BY 
THE CITY OF KOSICE WITH 9.2 PERCENT. 
 
42.  THE LARGEST U.S. INVESTOR IN SLOVAKIA IS U.S. STEEL, WHICH 
ACQUIRED THE CORE ASSETS OF THE VSZ STEEL MILL IN KOSICE, FOR A 
FINANCIAL PACKAGE THAT INCLUDED USD 325 MILLION DEBT ASSUMPTION, 
USD 60 MILLION CASH PAYMENT AND BETWEEN USD 25 MILLION AND USD 75 
MILLION FOR SHAREHOLDER DISTRIBUTION.  ITS INVESTMENT, AND FUTURE 
COMMITMENT OF MORE THAN USD 1.2 BILLION, COMES IN PART FROM ITS 
SUBSIDIARY IN THE NETHERLANDS, AND THEREFORE THE GOS CONSIDERS IT 
TO BE A DUTCH INVESTMENT.  WHIRLPOOL HAS INVESTED OVER USD 100 
MILLION IN SLOVAKIA, EMPLOYS MORE THAN 1,300 PEOPLE AND DOUBLED 
ITS 2002 ANNUAL OUTPUT OF ONE MILLION WASHERS IN 2004, WHICH MADE 
ITS LOCAL UNIT THE LARGEST WHITE GOODS PRODUCER IN EUROPE. 
KIMBERLY-CLARK'S FACILITY IN SLOVAKIA IMPORTS A SIGNIFICANT 
AMOUNT OF MATERIALS FROM THE U.S., AND THUS PROMOTES U.S. 
EXPORTS.  SEVERAL OTHER AMERICAN COMPANIES ALREADY HAVE 
SUBSTANTIAL INVESTMENTS IN SLOVAKIA, SUCH AS EMERSON ELECTRIC, 
TOWER AUTOMOTIVE, DELPHI, JOHNSON CONTROLS, ON SEMICONDUCTOR, 
CITIBANK, IBM, MOLEX, AND DELL.  THE FOREIGN COMMERCIAL SERVICE 
REPORTS THAT THERE ARE CURRENTLY 110 U.S. COMPANIES PRESENT IN 
SLOVAKIA.  OTHER LARGE FOREIGN INVESTORS IN SLOVAKIA INCLUDE 
VOLKSWAGEN, DEUTSCHE TELECOM, RUHRGAS, INTESA BCI AND SIEMENS. 
THAYER 
 
 
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