This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 19 PRETORIA 000226 
 
SIPDIS 
 
DEPT FOR EB/IFD/OIA; AF/S TCRAIG; AF/EPS 
USDOC FOR 4510/ITA/IEP/ANESA/OA/J DIEMOND 
COMMERCE ALSO FOR HVINEYARD 
TREASURY FOR GCHRISTOPOLUS, BRESNICK AND AJEWEL 
DEPT PASS USTR FOR PCOLEMAN AND WJACKSON 
 
E.O. 12958:  N/A 
TAGS: EINV KTDB EFIN ELAB ECON ETRD PGOV SF
SUBJECT:  INVESTMENT CLIMATE STATEMENT 2005 - SOUTH AFRICA 
 
REF:  (A) 04 STATE 250356, (B) 04 STATE 141379 
 
¶1. In response to reftel A, here is post's 2005 investment 
climate statement for South Africa, chapter 6 of the next 
Country Commercial Guide. 
 
¶2.  BEGIN TEXT 
 
Chapter 6 Investment Climate Statement FY 2005 
 
6.1       Openness to Foreign Investment 
 
The  government  of  South  Africa  (SAG)  welcomes  foreign 
investment  as  a  key  driver for  the  country's  economic 
development  and  integration into the global  economy.  Its 
macroeconomic management is sound.  Investment policies that 
promote  openness and raise productivity and growth are  key 
objectives  of the SAG.  In 2004 the government announced  a 
goal  of  investment reaching 25 percent  of  GDP  by  2014. 
Moody's  gave South Africa (SA) a sovereign debt  rating  of 
Baa1,  three  steps  into the investment grade,  in  January 
¶2005.   Standard & Poor and Fitch also rank South Africa  at 
investment  grade.   The  SAG  has  liberalized  trade   and 
developed   its   competitiveness   by   lowering   tariffs, 
abolishing   most   import  controls,  and   reforming   the 
regulatory environment. 
 
South   Africa's  record  of  political  and   macroeconomic 
stability  over  the  past decade has  helped  to  create  a 
promising medium to long-term economic climate for local and 
international firms in South Africa.   South Africa, through 
its  Trade  and  Investment South  Africa  (TISA)  promotion 
agency,   provides  investment  facilitation  services   for 
inbound   investors.  While  investment  opportunities   are 
abundant  in  many  sectors  of  the  economy,  the   agency 
concentrates on sectors which research has indicated a  high 
SA  comparative advantage.  The agency offers the  following 
services to international investors: 
 
    Information on sectors and industries; 
    Consultation on the regulatory environment; 
    Facilitation on investment missions; 
    Links to joint venture partners; 
    Information on incentive packages; 
    Assistance with work permits; 
    Logistical support for relocation. 
 
The  Department  of  Trade and Industry  (DTI)  published  a 
comprehensive  guide for investors about  the  dynamics  and 
principles   involved   in   the  South   African   business 
environment.     (For   the   "Investor's   Handbook"    see 
"publications" on web site: www.dti.gov.za) 
 
v.za) 
 
The  government has created a number of incentives  for  the 
potential  investor in South Africa.  All  business  sectors 
are  open  to investors, no government approval is required, 
and  there are almost no restrictions on the form or  extent 
of  foreign investment.   For example, in his February  2001 
budget  speech, the Finance Minister announced an R3-billion 
incentive  package  for  investors in  strategic  industrial 
projects.  It entails tax allowances of either 50 or 100% of 
an approved investment, and is managed through the Strategic 
Industrial Project (SIP) program of the Department of  Trade 
and Industry (DTI).  Up to June 2003, investments worth R3.2 
billion  have  been approved for tax break allowances  under 
the  SIP, a program aimed at companies that will invest more 
than   R50  million  and  will  contribute  to  the  growth, 
development   and   competitiveness  of  specific   industry 
sectors.  The program will run until July 2005. 
 
In  July  2004,  the Department of Trade and Industry  (DTI) 
announced  a  new  incentive  to  attract  investment,  both 
foreign  and domestic, in the film industry.  It established 
the Film and Television Production Rebate Scheme that allows 
eligible  applicants  to receive a  rebate  of  15%  of  the 
production expenditures for foreign productions  and  up  to 
25% for qualifying South African productions.  Film projects 
must  have  begun  after  April 1, 2004  and  must  reach  a 
threshold  of  25 million Rand in order to qualify  for  the 
rebate.   Other requirements include 50% completion  of  the 
principal photography in South Africa and a minimum of  four 
weeks   photography  time.   Eligible  productions   include 
movies,  tele-movies, television series, and  documentaries. 
The  maximum rebate for any project will be 10 million  Rand 
(approximately $1.5 million).  Details on the entire  scheme 
are available at the DTI web site at www.dti.org.za. 
To encourage investors to establish or relocate industry and 
business  to  areas throughout South Africa,  the  country's 
various  regions  (provinces) have development  bodies  that 
offer incentives. These incentives, which vary from area  to 
area,  include reduced interest rates, reduced  rentals  for 
land and buildings, cash grants for relocation of plant  and 
employees, reduced rates for basic facilities, rail age  and 
other  transport rebates and assistance in the provision  of 
housing. 
 
The   Minister   of   Trade  and  Industry   expressed   the 
government's view on foreign investment as  "...our  sincere 
hope  to  attract  real  and growing international  investor 
commitment to South Africa and, at the same time,  to  fully 
capitalize  on  the  opportunities to  bring  about  dynamic 
growth  in  our  country. In so doing  we  hope  to  enhance 
commercial   and  industrial  development,  while   creating 
sustainable employment and providing training for  our  vast 
resource  pool."   He  continued  to  say  that  since   the 
inception  of the new democratic government in  1994,  South 
Africa  has  effectively adhered to discipline,  predictable 
economic  fundamentals. Through this arduous process,  South 
Africans  have  developed a strong entrepreneurial  culture, 
keen  to  jointly  develop  the country  with  international 
partners.  From  a geographic perspective, South  Africa  is 
proud  of  the  role  to  be  played  in  facilitating   and 
supporting  the development of the region, offering  a  wide 
array of skills and technical understanding. 
 
SA's policy and regulatory frameworks can, however, serve as 
disincentives  to  new  investment  or  impediments  to  the 
profitability  of firms already operating  in  SA.   Several 
foreign  companies  have in the past complained  that  South 
Africa's immigration legislation and the application of  the 
law  made it difficult to get work permits for their foreign 
employees.   In  particular they indicated that  unnecessary 
delays,  rejections of applications and limits  (quotas)  on 
foreign   workers  in  a  given  field  call  into  question 
potential investors' ability to staff their operations  with 
the  necessary skills at a given time.  It was  argued  that 
the immigration legislation was a remnant from the apartheid- 
era  and  did not take into account recent developments  and 
the  opening  up  of  the  South African  market.   The  SAG 
acknowledged  this  problem and during  2001  introduced  an 
Immigration  Bill  that  would  create  more  categories  of 
permits   for  temporary  residents.  The  legislation   was 
contentious.  Parliament finally approved the legislation in 
May  2002.   Critics have charged that the  Act,  which  was 
intended to assist with the process of bringing more skilled 
workers into SA, created uncertainty and confusion. 
 
Companies  have  also  complained  about  the  introduction, 
through a regulation in early 2003, of a 2% training levy on 
the  salaries of expatriates in order to enter  the  country 
under  an expedited visa procedure.  The levy does not apply 
to  expatriates already resident in the country or to inter- 
company transfers.  Expatriates who enter the country  under 
the  normal visa procedure are exempt from the levy, but the 
normal   process   is  complex  and  time  consuming.    The 
government's  decision  to implement the  levy-based  system 
through  regulation rather than legislation  has  also  been 
controversial.  A legal challenge to the regulations further 
delayed   the   implementation  of   the   new   immigration 
legislation  and  this  created more uncertainty  about  the 
effective handling of applications for visas. 
 
 In January 2004, President Mbeki signed into law the Broad- 
Based Black Economic Empowerment (BBBEE) Act of 2003, the 
legislation enacting the Black Economic Empowerment (BEE) 
strategy. The Act directs the Minister of Trade and Industry 
to develop a national strategy for BEE, issue BEE 
implementing guidelines in the form of Codes of Good 
Practice, encourage the development of industry specific 
charters, and establish a National BEE Advisory Council to 
review progress in achieving BEE objectives. 
 
The Minister released three codes in December 2004 with 
seven more due in early 2005.  The recently released codes 
address specific issues pertaining to the BEE Framework, 
Equity Ownership, and Management and include a new generic 
scorecard with suggested targets for areas such as equity 
ownership, management, procurement, and equality in 
employment.  The codes are intended to harmonize existing 
and future industry empowerment charters.  Sectors that have 
completed or are close to finalizing empowerment charters 
for their respective industries include: accounting, 
agriculture, chemical, cosmetics, clothing and footwear, 
construction, engineering services, financial services, 
forestry, health, information and communications technology 
(ICT), liquid fuels, liquor, marketing, mining, property, 
tourism, transport, and wine.  The Minister is expected to 
establish the National BEE Advisory Council early in 2005. 
 
U.S.  companies  support the broad goals of  South  Africa's 
Black  Economic  Empowerment  (BEE)  policies.   They   have 
contributed  to the positive transformation of the  economy, 
including through their employment and management practices, 
and  have  significant  programs that  support  historically 
disadvantaged  individuals (HDIs).  They do have  questions, 
however, about some of the details of BEE proposals and  how 
they will be implemented.  They have concerns about the lack 
of  clarity  and  consistency in the  BEE  rules.   A  major 
concern   is  whether  HDI  equity  ownership  will   become 
mandatory  and  a  cost  of doing business  with  the  South 
African  government.  The Minister of Trade and Industry  is 
developing    a   statement   on   equity   ownership    for 
multinationals to be included in the Code of  Good  Practice 
on  Equity  Ownership,  which is  expected  to  address  the 
concerns of U.S. companies. 
 
Poor  or  unclear  regulations  in  key  sectors,  such   as 
telecommunications,  are also disincentives  to  investment. 
In  instances  where  the regulator is weak  and  unable  to 
enforce its own regulations, foreign firms are placed  in  a 
weaker   competitive  position  compared  to  the   national 
operator,  thereby  affecting  their  profitability.   Costs 
associated  with  pursuing legal action to resolve  disputes 
also  cut into the bottom line.  Improvement is expected  in 
the telecoms industry, however, following the Communications 
Minister's September 2004 announcement liberalizing much  of 
the  telecoms environment by February 2005.  As part of this 
announcement,  the  regulator  plans  to  allow  value-added 
network  service  (VANS)  providers self-provide  their  own 
facilities  or  lease  telecommunications  facilities   from 
private  telecommunications network operator.  In  addition, 
the  regulator is proposing that licensees as well  as  VANS 
could resell spare network capacity. 
 
In  contrast  to domestic investors, foreign investors  face 
local  borrowing  restrictions imposed by  exchange  control 
authorities.  Such restrictions apply to `affected  persons' 
-  companies or other bodies in which (1) 75% or more of the 
capital  assets or earnings may be used for payment  to,  or 
for  the  benefit of, a non-resident, or (2) 75% or more  of 
the  voting  securities,  voting power,  power  of  control, 
capital, assets or earnings are vested in, or controlled by, 
any  non-resident.  No person in SA may provide credit to  a 
non-resident  or "affected person" without exchange  control 
exemption.   Non-residents and "affected persons,"  however, 
may  borrow  up to 100% of the South African Rand  value  of 
funds   introduced   from  abroad  and   invested   locally. 
Additionally,  the  ability to borrow locally  increases  if 
both residents and non-residents own the local enterprise. 
 
The SAG has an official policy on the restructuring of state 
assets,  which include privatization as an accepted  option. 
There  are four big parastatals, all at different levels  of 
privatization:   Eskom (power generation and  distribution), 
Denel   (defense),  Transnet  (transportation)  and   Telkom 
(telecommunications).  Eskom supplies nearly  94%  of  South 
Africa's  electricity, makes substantial profits and  has  a 
turnover of nearly R30 billion per year.  Transnet dominates 
the  transport sector and contributes more than 3% of  South 
Africa's GDP.  It comprises 13 companies involved in  multi- 
modal transport and includes railways, an airline, ports and 
a  pipeline.  Transnet has reported that they will keep only 
four of its businesses 
 
Prior to May 2002, South African legislation provided Telkom 
a   monopoly   on  certain  international  and  fixed   line 
telecommunications services. The government is in the  final 
stages  of completing the shareholder structure of a  second 
fixed-line  operator, however, to compete with Telkom.    In 
2004,  the  U.S./Malaysia Thintana Consortium  sold  its  30 
percent stake in Telkom, which it had acquired in 1997,  for 
nearly $2 billion. 
 
Following  national elections in April 2004, the  Government 
unveiled plans to restructure state-owned enterprises rather 
than to proceed with privatization at this time in an effort 
to  support the administration's two major policy objectives 
of  reducing  unemployment  and  creating  economic  growth. 
Consequently, in 2005 the SAG estimates much lower  proceeds 
from  the sale of state-owned assets than in previous years. 
Since the completion of the Telkom deal, government has been 
left  with  fewer  sizeable  state  entities  to  privatize. 
Internationally  economic conditions are  not  favorable  to 
attract   partners,  especially  in  the  airline  industry. 
Proceeds   in   2005   are   expected   from   the   planned 
"concessioning"  of  the  Durban  port  container  terminal. 
Other   anticipated  deals  are  the  sale   of   "non-core" 
businesses  unbundled  from Transnet  and  Airports  Company 
South  Africa  (ACSA),  which manages  South  Africa's  nine 
principal airports. 
 
The medium-term privatization of smaller parastatals such as 
Sentech (radio transmission), Safcol (forestry), the SA Post 
Office,   or  in  the  case  of  Denel  (Defense   R&D   and 
manufacturing),  a  hoped-for  partial  buy-in  by   foreign 
suitors, may also afford lucrative opportunities for foreign 
participation. 
 
 6.2           Conversion and Transfer Policies 
 
Exchange  control  in  South Africa is administered  by  the 
South   African  Reserve  Bank's  (SARB)  Exchange   Control 
Department  and  through commercial  banks  that  have  been 
designated as "authorized dealers" in foreign exchange.  All 
international commercial transactions must be accounted  for 
through  authorized foreign exchange dealers.  There  is  no 
difficulty  in  obtaining foreign exchange.   The  financial 
sector in South Africa is well developed and there are  only 
limited delays in the conversion and transfer of funds.  The 
spot  turnover in the South African foreign exchange  market 
is  substantial,  reaching a daily  average  of  $1  billion 
during the month of May 2003. 
 
There are no restrictions on foreign firms wishing to invest 
in  share capital. Investors are advised to ensure that  the 
share   certificates  are  endorsed  "non-resident"  by   an 
authorized  dealer in order to return disposal proceeds  and 
dividends  to  their country of origin. A  record  of  funds 
introduced  into  South Africa should  be  kept.  For  every 
purchase  of exchange, irrespective of the amount  involved, 
authorized  dealers  are required  to  report  to  the  SARB 
details of payments received from foreign partners by  South 
African residents. 
 
In  general there are no controls over the removal  by  non- 
residents  of investment income or capital gains.  Repayment 
of  foreign  loans  by  South  African  residents,  however, 
requires  prior approval. Dividends may be paid  to  a  non- 
resident without the approval of the SARB. Dividends due  to 
a  non-resident  and  paid pursuant to a de-registration  or 
liquidation    are   transferable   against    documentation 
confirming  this  fact.  All loans from outside  the  Common 
Monetary  Area  to  South  African residents  require  prior 
Exchange  Control  approval. Approval  is  normally  granted 
provided the minimum tenor of the loan is for a period of at 
least  one  month  and  a market-related  interest  rate  is 
charged  -  that  is up to prime plus 3% for  South  African 
denominated  loans  and  up to prime  plus  2%  for  foreign 
denominated  loans which are not shareholder-related  funds, 
with shareholder's funds restricted to prime. 
 
For  every  sale  of foreign exchange, irrespective  of  the 
amount  involved, authorized dealers are required to  report 
to  the SARB details of payments made to foreign parties  by 
South African residents.  Royalties, license and patent fees 
to  non-residents, where no local manufacturing is involved, 
require  the approval of the SARB.  Manufacturing  royalties 
(as  opposed  to sales/marketing royalties) are  subject  to 
approval by the DTI, which will communicate its decision  to 
the  licensee  or  the  Exchange  Control  Department  where 
applicable, which will enable an approach to a bank directly 
to  transfer  the  royalty payments. Authorized  dealers  on 
production  of an invoice may pay current account  payments, 
such   as  management  fees  and  other  fees  for  services 
provided, provided that such payments are not calculated  as 
a percentage of sales, profits, purchases or income. 
Significant progress has been made in the liberalization  of 
exchange  controls since 1994. The financial Rand  mechanism 
was  abolished  in  1995, removing  most  controls  on  non- 
residents. In June 1997, controls on South African residents 
were  considerably relaxed, and virtually  all  controls  on 
current  account transactions were removed. Resident private 
individuals  who are over 18 and South African taxpayers  in 
good standing have also been permitted to invest up to R500, 
000 abroad since 1 July 1997.  The limit has since increased 
to R750, 000 per person. 
 
On  February  26,  2003  the Minister of  Finance  announced 
further  measures to relax exchange controls.   The  changes 
included  the  increase  of  the allowance  governing  South 
African  corporations' use of South African funds to finance 
new  approved direct investment in foreign countries as well 
as  the  unwinding of blocked assets.  It was also announced 
that dividends repatriated from foreign subsidiaries will in 
future  be  eligible for an exchange control  credit,  which 
will  allow  them  to  be re-exported for  approved  foreign 
direct investments.  Furthermore, the tax payable on foreign 
dividends  was  also  removed in  instances  where  a  South 
African  taxpayer has a meaningful interest in  the  foreign 
subsidiary  paying  the dividend. New emigrants  wishing  to 
exit  more  than the permitted R750, 000 from  South  Africa 
will  in  future be allowed to apply to the Exchange Control 
Department  of  the  SARB to do so, subject  to  an  exiting 
schedule and an exit charge of 10% of the amount. 
 
In  October  2004,  the Finance Minister  announced  in  his 
Medium  Term Budget Policy Statement (MTBPS) the  relaxation 
of  exchange rate controls for corporations.  The rules  had 
limited  offshore investments to R2 billion per project  for 
investments in Africa and R1 billion elsewhere, in  addition 
to   20   percent  of  the  excess  cost.   With   the   new 
announcement,  the  limits on outward investments  by  local 
corporations  and  restrictions  on  the  repatriation   for 
foreign  dividends  are removed as well as  restrictions  on 
individuals to invest in foreign firms listed on  the  South 
African exchanges.  Even though there are no restrictions on 
corporations'  foreign direct investment, corporations  will 
still be required to apply to the Reserve Bank for approval. 
Limits  on pension funds, insurance companies, mutual  funds 
(unit  trusts)  and  individuals  are  still  in  place  but 
expectations  are  that  they will be  removed  soon.   More 
relaxed  exchange controls facing corporations  should  help 
the  government's goal of investment reaching 25 percent  of 
GDP by 2014. 
 
 
Further questions on exchange control can be addressed to: 
South African Reserve Bank 
Exchange Control Division 
P.O. Box 427, Pretoria, 0001 
Tel: (27)(12) 313-3911; Fax: (27)(12) 313-3785 
www.reservebank.co.za 
 
6.3       Expropriation and Compensation 
 
There  is  no record of any expropriation or nationalization 
of  American  investment in South Africa since 1924.   Under 
the  Expropriation  Act  of 1975 and the  Expropriation  Act 
Amendment  of  1992,  the State is entitled  to  expropriate 
property  for  public  necessity  or  public  utility.   The 
decision  to expropriate is an administrative one vested  in 
the  State.   Compensation is determined by the  amount  the 
property  would  have  been  realized  in  an  open   market 
transaction by a willing seller to a willing buyer. 
 
Skewed  ownership of productive assets in  South  Africa  is 
still  one  of  the most visible legacies of apartheid.  The 
racially  discriminatory property laws of the past  resulted 
in  highly disproportionate patterns of land ownership.  The 
government's   Land  Reform  for  Agricultural   Development 
Program  (LRAD)  has been designed to expand  the  range  of 
support  measures  that  will  be  available  to  previously 
disadvantaged   South  African  citizens  to   access   land 
specifically  for agricultural purposes. The SAG  recognizes 
that   market-based   programs  of   state   directed   land 
redistribution  perform  better  than  programs   that   are 
operated  exclusively by the public sector.  The  government 
regularly confirms its commitment to ensuring the success of 
this program and ensuring that individuals from historically 
disadvantaged groups obtain access to land in a  speedy  and 
orderly  fashion.   In cases where expropriation  has  taken 
place, the landowner was fully compensated. 
6.4       Dispute Settlement 
 
South Africa is a member of the New York Convention of  1958 
on  the  recognition and enforcement of foreign  arbitration 
awards, but is not a member of the International Center  for 
the Settlement of Investment Disputes.  South Africa has  an 
objective  system  for  enforcing property  and  contractual 
rights.   The  government does not interfere  in  the  court 
system.   South Africa applies its commercial and bankruptcy 
laws  with  consistency.  South Africa  has  signed  various 
investment  agreements  with  a  number  of  countries   and 
recognizes, and is recognized by, the International  Chamber 
of    Commerce,   which   supervises   the   resolution   of 
transnational  disputes.   In 2004  some  foreign  companies 
operating   in   the  mining  sector  have   suggested   the 
implementation  of  BEE  policies  may  lead  to  investment 
disputes. 
 
6.5       Performance Requirements and Incentives 
 
In  September 2000, the Department of Trade & Industry (DTI) 
announced  that the manufacturing support schemes  would  be 
replaced with a "six pack" of incentives consisting of the: 
 
       Small Medium Enterprise Development Program (SMEDP), 
     which offers manufacturing and tourism enterprises with 
     "significant expansions of their operations", tax-free cash 
     grants for two years, based on the cost of the investment in 
     land, buildings, machinery, equipment, and vehicles.  A 
     maximum of R 3.05 million per year for enterprises with an 
     investment in qualifying assets of up to R 100 million. 
    Skills Support Programme (SSP) Skills Support Programme 
(SSP) offers a maximum of 50% of the training costs, the 
development of training curriculum and or land and buildings 
related to training in order to encourage businesses to 
introduce new and advanced skills to their workforce. This 
grant will is payable for up to three years. 
      Critical Infrastructure Facility (CIF) supplements the 
     existing public or private sector infrastructure, by funding 
     a top-up grant between 9 and 30% of actual costs. 
    Industrial Development Zones (IDZ) consists of two 
zones of operation: Customs secured area (CSA), and 
industries and services corridor (ISC). A CSA is a delimited 
area with entrance and exit points controlled by Customs 
personnel. Each CSA has a dedicated customs office providing 
inspection and clearance services, and a one-stop 
op 
administrative center to facilitate the approval and permit 
 
processes. CSA-based enterprises are eligible for: duty-free 
import of production-related raw materials and inputs; zero 
rate on VAT for supplies procured from South Africa; and 
right to sell into South Africa upon payment of normal 
imported duties on finished goods. ISCs are industrial and 
office park environments adjacent to CSAs, occupied by 
service providers to CSA enterprises. The government first 
designates areas suitable for IDZs. Prospective IDZ 
companies then apply for permits to develop and operate an 
IDZ. 
       Foreign  Investment Grant (FIG) is open  to  foreign 
     investors (i.e. at least 50% foreign shareholding) located 
     outside  SACU  and/or the Southern African  Development 
     Community (SADC).  It offers up to 15% of the value of new 
     machinery  and equipment (a maximum of R3  million  per 
     entity), based on accepted relocation costs. 
    Strategic Investment Projects (SIP) offers a tax 
x 
allowance of up to 100% (a maximum allowance of R600 million 
per project) on the cost of buildings, plant and machinery, 
for strategic investments of at least R50 million. 
 
In addition, the Industrial Development Corporation (IDC), a 
self-financing,     state-owned,     development     finance 
institution,  established  in  1940,  continues  to  provide 
credit  facilities  to  South African  exporters.  Aimed  at 
enabling   them  to  offer  competitive  terms  to   foreign 
purchasers,  the credit facilities are still  subject  to  a 
South African local content requirement of at least 70%, and 
the  availability  of export credit insurance  cover.  Local 
content considerations are taken into account when comparing 
tenders for government procurement purposes 
The  IDC also provides loan financing to the private  sector 
for the development of viable secondary manufacturing in its 
target  sectors  and is often prepared  to  make  an  equity 
investment  or  enter  into  joint  ventures  with   foreign 
investors. 
 
There  are several government-supported bodies that  provide 
technical assistance for new industries.  These include  the 
Council  for  Scientific and Industrial Research  (CSIR),  a 
multi-disciplinary research, development, and implementation 
organization;  Technifin, a government-owned firm  financing 
the commercialization of new technology and products; MINTEK 
(formerly known as the Council for Mineral and Metallurgical 
Technology); and the Council for Geoscience that fulfils the 
role  of  a  geological survey and undertakes  geologically- 
based investigations and services. 
 
The  SAG  is not a member of the plurilateral WTO Government 
Procurement  Agreement  (GPA). According  to  South  African 
government  authorities, joining the GPA could  limit  South 
Africa's  objectives  towards promoting  small,  micro,  and 
medium-sized    enterprises   and   the   "black    economic 
empowerment" (BEE) program. 
 
The  government  procurement framework  is  still  regulated 
through the State Tender Board Act of 1968.  However,  South 
Africa is trying to align the buying procedures of national, 
provincial, local, and state-owned companies. As part of the 
Public Finance Management Act Regulations of 1999, the state 
and  provincial tender boards ceased to exist  on  31  March 
2002,  in  order  to  devolve accountability  to  accounting 
officers.   Depending on their level of responsibility,  the 
accounting  officers are now allowed to  approve  government 
purchases  up  to  a  certain  amount.   There  is  also  an 
appointed  independent ombudsperson to  provide  an  interim 
mechanism for quick and effective intervention on complaints 
from businesses. 
 
The  basic  principles for government procurement  in  South 
Africa,  in terms of socio-economic objectives, are set  out 
in the Constitution: procurement by an organ of State or any 
other  institution identified in national legislation  must, 
on  the  one hand, be "in accordance with a system which  is 
fair,   equitable,   transparent,  competitive   and   cost- 
effective," and, on the other hand, allow for categories  of 
preference  and the protection, or advancement,  of  persons 
disadvantaged by unfair discrimination, within  a  framework 
to  be  prescribed by national legislation. Other principles 
on  which  procurement must be based  in  South  Africa  are 
accountability,  and  the  just  in  time   (JIT)   delivery 
principle. 
 
Price preferences are taken into account for the purpose  of 
comparing  tenders: the preferences are  deducted  from  the 
tender  price  after  the tenders have  been  evaluated  and 
brought to a comparative basis.  Price preferences, aimed at 
promoting  local manufacture, are based on such criteria  as 
use of the SABS (South African Bureau of Standards) mark and 
locally manufactured electronic systems and components.  The 
preference is up to 10% if local content is more  than  80%, 
up  to  10%  for the use of locally manufactured  electronic 
systems  and  components, plus a minimum  of  5%  for  local 
design,  provided that the two together do not  exceed  10%, 
and  2.5% for the use of products that carry the SABS  mark. 
Price preferences are generally cumulative. 
 
The  Preferential Procurement Policy Framework Act of  2000, 
and  amended draft regulations promulgated in November 2004, 
stipulates  that  preferences will  apply  to  all  tenders, 
irrespective of the amount. Preference points, calculated on 
the  basis  of comparative and not tendered prices,  may  be 
allocated within the following limits: an 80/20 point system 
for  tenders  up to R1 million. A maximum of  80  points  is 
allocated to the lowest acceptable tender in terms of price; 
higher price tenders receive fewer points. A maximum  of  20 
points is awarded to bidding firms who meet minimum industry 
targets  for ownership, management, procurement,  and  equal 
employment of historically disadvantaged individuals  (HDI). 
For  tenders above R1 million, a 90/10-point system is  used 
on  the  same  basis. The contract must be  awarded  to  the 
bidder   who   scores  the  highest  points,  unless   other 
developmental  objective  criteria  justify  the  award   to 
another  bidder.  An  organ of State may  be  exempted  from 
provisions  of  the  Framework Act  if  public  or  national 
security interests justify such exemption, or if the  likely 
bidders are international suppliers.  Foreign firms can only 
bid through a local agent. 
 
Parastatals   also   generally   follow   the   government's 
procurement  policy.  Eskom and Transnet have no  preference 
system,  while  Telkom  grants preferences  based  on  local 
content.  Any  bidder for a parastatal contract,  whose  bid 
contains  imported  content worth  over  $10  million,  must 
submit an "industrial participation" (IP) plan showing  that 
the  bidder  will invest in new or incremental  business  in 
South Africa. 
 
Under  the National Industrial Participation Program (NIPP), 
the  seller must invest in a South African business  to  the 
value  of at least 30% of the value of the imported  content 
of  the  tender. The industrial policy of the Department  of 
Defense  and  the  Armaments  Corporation  of  South  Africa 
imposes  an IP obligation on all defense purchases exceeding 
$2  million; this obligation is known as "Defense Industrial 
Participation" (DIP). Defense purchases exceeding $2 million 
but less than $10 million require a DIP obligation of up  to 
50%, and defense purchases exceeding US$10 million require a 
DIP obligation of at least 50%. 
 
The  NIPP,  which  became mandatory  on  1  September  1996, 
resembles an offset contract in the sense that goods  and/or 
services  imported under the tender contract  are  partially 
offset  by  exports of services, and, to a  certain  extent, 
goods,   during  the  period  of  fulfillment  of   the   IP 
obligation. 
 
6.6       Right to Private Ownership and Establishment 
 
Private  property  rights are strongly  protected  by  South 
African  law.  In general, all foreign and domestic  private 
entities are entitled to own business enterprises and engage 
in  profit-making activities.  Private entities are  allowed 
freely  to  establish, acquire, and dispose of interests  in 
business   enterprises.   The  acquisition  of  an  existing 
business enterprise is usually achieved through the purchase 
of shares or assets.  The securities regulation code applies 
to public limited companies and to private companies with 10 
or  more shareholders, and capital and reserves in excess of 
R5 million.  If a stake of 30% or more is acquired, an offer 
must  be made to minority shareholders to acquire all  their 
shares at a price equal to the highest paid by the investor. 
 
South  Africa  still  has  a  number  of  sectors  that  are 
dominated by state-owned enterprises.  Eskom supplies nearly 
94% of South Africa's electricity while state-owned Transnet 
dominates the transport sector and contributes more than  3% 
of  South  Africa's  GDP.   In  2004,  Transnet  unveiled  a 
strategy  to  focus solely on rail, port  and  oil  pipeline 
operations.  All other companies previously administered  by 
Transnet, including South African Airlines (SAA), are  being 
discarded.   Telkom,  the  fixed-line  telephone   operator, 
continues    to    enjoy    a   monopoly    on    fixed-line 
telecommunication  services despite the end  of  legislative 
protection in May 2002.  A second national operator (SNO) is 
close  to  resolving  shareholder  concerns  and  could   be 
licensed in early 2005.  The South African Post Office still 
enjoys a legislative monopoly on the delivery of mail. 
 
South  Africa's  Competition Commission  and  Tribunal  have 
demonstrated an increased capacity to implement  competition 
policy  effectively.  The Competition Act of  1998  and  its 
1999  and  2000 amendments address anti-competitive  mergers 
and practices in both the private and public sectors.  State- 
owned  enterprises that compete unfairly  with  the  private 
sector   are   being  challenged  with  greater   frequency. 
Economic  dominance by state-owned enterprises and  previous 
weak  competition legislation could be partly to  blame  for 
high concentration levels and business practices out of step 
with the requirements of a competitive economy. 
 
6.7       Protection of Property Rights 
The  South African legal system protects and facilitates the 
acquisition and disposition of all property rights, such  as 
land,   buildings  and  mortgages.   Deeds  of   sales   are 
registered  in the Deeds Office. Banks provide  finance  for 
their  clients to purchase a property through registering  a 
mortgage as security on the property. 
 
All agreements relating to payment for the right to use know- 
how,   patents,  trademarks,  copyrights  or  other  similar 
property  are  subject to approval by the  exchange  control 
authorities.   A distinction is made between consumer  goods 
and  capital goods.  For consumer goods, a royalty of up  to 
4%  of factory selling price is regarded as acceptable.  For 
intermediate and finished capital goods, a royalty of up  to 
6% will generally be approved. 
 
Owners of patents and trademarks may license them, but  when 
this  entails  the  payment of royalties to  a  non-resident 
licensor, the royalty agreement must be approved by the DTI. 
Patents are granted for 20 years - usually with no option to 
renew.   Trademarks (including service marks) are valid  for 
an initial period of 10 years and are renewable indefinitely 
for  further  10-year periods.  The holder of  a  patent  or 
trademark must pay an annual fee to preserve its validity. 
 
Literary, musical and artistic works, cinematographic films, 
and  sound  recordings are eligible for copyright under  the 
Copyright Act of 1978.  New designs may be registered  under 
the  Designs Act of 1967, which grants copyrights  for  five 
years. 
 
The  Counterfeit Goods Act was adopted to provide additional 
protection  to owners of trademarks, copyright  and  certain 
marks under the Merchandise Marks Act of 1941. The 1997  Act 
covers  offenses  related  to counterfeit  goods,  including 
possession  of  such goods. The Intellectual  Property  Laws 
Amendment Act, adopted to amend the Merchandise Marks Act of 
1941,  the  Performers' Protection Act of 1967, the  Patents 
Act  of 1978, the Copyright Act of 1978, the Trade Marks Act 
of  1993,  and the Designs Act of 1993, aims to bring  South 
African intellectual property legislation fully in line with 
the  Trade-Related Aspects of Intellectual  Property  Rights 
(TRIPS)  Agreement. Amendments to the Patents  Act  of  1978 
were  also  intended  to bring it in line  with  TRIPS,  and 
provides  for  the implementation of the Patent  Cooperation 
Treaty (PCT), to which South Africa became a party in  March 
¶1999. 
 
The  International Intellectual Property Alliance  continued 
to  note concerns about the piracy levels of optical  discs, 
which it estimated to be 40% in 2004.  A local watchdog, the 
SA  Federation Against Copyright Theft (Safact), reported on 
its  website  (www.safact.co.za) statistics on  seizures  of 
counterfeit DVDs as well as a number of successful  criminal 
court  cases  against  pirates  in  2004,  demonstrating  an 
increased commitment to IPR enforcement in 2004. 
 
6.8       Transparency of the Regulatory System 
 
Government   promulgated   the   new   International   Trade 
Administration  Act  in  2002.  This  Act  established   the 
International Trade Administration Commission (ITAC) and  is 
responsible  for  tariff administration and  trade  remedies 
(antidumping and countervailing measures). In terms  of  the 
new  Act,  the Commission shall be responsible, among  other 
things,  for investigating and evaluating applications  with 
regard  to alleged dumping, or subsidized exports, safeguard 
measures,  and  amendments of customs duties in  the  common 
SACU  area. The Commission is required to implement measures 
to  promote  public awareness of the provisions of  the  new 
Act. 
 
In general, South Africa's Companies Act (1973) provides for 
clear,  transparent regulations concerning the establishment 
and operation of businesses.  Business organizations of more 
than 20 persons that operate for gain must be registered  as 
a  company  under the Act.  Foreign investors are  organized 
under the same rules and regulations as domestic firms, with 
one  exception: foreign companies that choose not to form  a 
firm  in  SA  operate  as "external companies."   The  legal 
liabilities of an external company are not limited. 
 
No  government approval is required for foreign investors to 
establish  a  new business in South Africa  apart  from  the 
approval  required  under the exchange control  regulations. 
The    investor    will   be   required   to    appoint    a 
consultant/auditor/legal advisor to register  a  company  on 
his/her  behalf.   The company should be  registered  within 
21days; it should also register with the tax authority. 
 
In South Africa there are no locations where a foreign-owned 
business   is   prohibited  or  investment   is   officially 
discouraged.   The  forms, which are  to  be  filled  by  an 
investor, are simple and understandable.  The whole  process 
for  foreign firms setting up in South Africa from beginning 
to  end  on average may take six months, but if done through 
Trade and Investment South Africa it can be finalized within 
one  month.  Virtually all business activities are  open  to 
foreign investors and there are generally no restrictions on 
foreign investment.  Restrictions would usually relate to  a 
particular industry and be applicable both to residents  and 
non-residents.  Very few restrictions apply only to  foreign 
companies.   For  example,  a foreign  bank  establishing  a 
branch  in  SA  may be required to employ a certain  minimum 
number  of  local  residents in order to  obtain  a  banking 
license  and may be obliged to have a minimum capital  base. 
Restrictions also exist regarding the ownership of immovable 
property  by  foreign  companies.   Foreign  companies   are 
required  to register as external companies before immovable 
property may be registered in their names. 
 
All businesses must obtain a business license from the local 
authority,  which is valid indefinitely unless the  business 
is  relocated  or  acquired by a  new  owner.   In  general, 
businesses  must  register with the local Regional  Services 
Council,   Department   of  Labor,  Workman's   Compensation 
Commissioner, the appropriate Industrial Council, the  South 
African  Revenue Service, and the Department of Customs  and 
Excise. 
 
 6.9      Efficient Capital Markets and Portfolio Investment 
 
South  Africa's  banks  comply  with  international  banking 
standards  and  offer one of the most sophisticated  banking 
systems in the developing world. Customers have online, real- 
time, nationwide access to bank accounts 24 hours a day, 365 
days  a  year.   South  Africa's  political  transformation, 
together  with the relaxation of exchange controls  and  the 
greater liberalization of African economies, has meant  that 
South  Africa  is  now  well positioned  to  provide  global 
services through its own banks' foreign offices as  well  as 
the  increasing presence of foreign bank representatives  in 
South Africa. 
 
After a fairly turbulent first half year of 2002, which  saw 
the  demise  of  a  number of small and medium-sized  banks, 
stability  returned  to  the sector.   South  African  banks 
remained  well  capitalized, and the  average  risk-weighted 
capital-adequacy ratio for the sector increased to 12.6  per 
cent at the end of December 2002, compared to 11.4% in 2001. 
Growth  in  the total balance sheet moderated  during  2002, 
mainly  as a result of a moderation in the growth  of  total 
loans  and advances. By the end of December 2002, the  total 
funds of banks - comprising capital, reserves, deposits  and 
loans  -  had  increased by 4.8 per cent  (measured  over  a 
period  of  twelve  months), to a level of  R1.101  billion. 
Concentration in the South African banking sector  increased 
noticeably  during  2002, and the  four  biggest  banks  now 
represent about 80 per cent of the total banking sector. The 
participation of foreign banks in the local banking industry 
decreased for the first time in six years, from 7.7 per cent 
in  2001  to  about 6.9 per cent of the total banking-sector 
assets  by  the  end of December 2002.  South African  banks 
maintained  adequate levels of liquidity  despite  liquidity 
strains  experienced by the system during the first half  of 
¶2002. 
 
Oversight  of  South Africa's banks is the  purview  of  the 
South  African Reserve Bank. The Bank Act of 1990  regulates 
private banks. The SARB is nearing completion of meeting all 
recommendations   of   the  Basel   Committee   on   Banking 
Supervision.  A variety of credit instruments are  available 
to the private sector, including bankers' acceptances, fixed 
and  variable rate securities, bonds, and equities.  In  May 
1995, amendments to the Banks Act permitted foreign banks to 
conduct  banking operations via branches, ending the earlier 
requirement  that they establish subsidiaries.   A  complete 
list   of   the   registered  banks,  banking  associations, 
development banks, and related organizations that maintain a 
presence  in  South Africa is available on an ABSA-sponsored 
website at www.finforum.co.za/fininsts/bankdir.htm. 
Any  person, whether South African or foreigner, may control 
a  bank. There are three alternatives for conducting banking 
operations  in  South  Africa (all of  which  require  prior 
approval  of the Registrar of Banks, who heads up  the  Bank 
Supervision Division): a separate banking company, a  branch 
of   an   international  bank  or  banking  group,   and   a 
representative office of an international bank. The criteria 
for the registration of a bank are the same for domestic and 
foreign investors.  Foreign banks, however, are required  to 
include additional information with their application,  such 
as:   foreign  bank  holding  company  resolution  approving 
proposed  formation of the bank, a letter  of  "comfort  and 
understanding" from the foreign bank holding company, and  a 
letter  of  no  objection  from  the  foreign  bank's   home 
regulatory authority. 
 
The  Financial  Services Board (FSB) governs South  Africa's 
sophisticated non-bank financial services industry.  The FSB 
regulates  insurance,  pension  funds,  unit  trusts  (i.e., 
mutual   funds),   participation  bond  schemes,   portfolio 
management,  and  the  financial  markets.   The   financial 
markets consist of: 
      The JSE Securities Exchange SA (www.jse.co.za) 
    The Bond Exchange of South Africa (www.bondex.co.za) 
 
South Africa's financial markets are robust, liquid and well 
developed. Turnovers remained brisk in 2002 to date. In  the 
bond  market, for example, the value of turnover in a single 
month  is approximately equal to South Africa's annual gross 
domestic  product  of one trillion Rand. Non-residents  also 
take  a keen interest in these markets. In an average  month 
non-residents buy more than a R100 billion in bonds and  R18 
billion  in  shares on South African bourses. Although  they 
also  are  engaged in selling bonds and shares, often  of  a 
roughly equal amount, some net inflow or outflow is recorded 
from  month  to month. During the first half  of  2002  non- 
residents  bought a net amount of R13 billion in shares  and 
bonds  on  the South African formal exchanges, and sold  R17 
billion  during  the  third quarter. Further  net  sales  in 
n 
October were followed by net purchases in November. 
 
The JSE Securities Exchange is the 16th largest exchange 
measured by capitalization in the world.  At the end of 2002 
the market capitalization stood at around $182 billion (R1.6 
trillion) with a total of 472 firms listed. This is much 
larger than all the exchanges in Africa combined. The JSE 
Securities Exchange includes AltX, an exchange for small and 
medium-sized companies launched in October 2003.  AltX has 
ten companies with a market capitalization of approximately 
R1 billion.  Early in 2005, the JSE plans to launch YieldX, 
a trading platform for interest rate products.  The JSE 
Securities Exchange All Share Index broke through the 10,000 
level during December 2001 when the Rand fell to record lows 
against the U.S. dollar but in July 2003 it stood at 8,600. 
The Index has since recovered with the strength of the Rand, 
climbing back above 10,000 in 2004 and reaching nearly 
13,000 by December 2004. 
 
 
The Bond Exchange of South Africa (BESA) regulates the fixed- 
interest  securities  market  and  is  licensed  under   the 
Financial  Markets Control Act.  Membership includes  banks, 
insurers,    investors,   stockbrokers,   and    independent 
intermediaries.  The bond exchange consists  principally  of 
government bonds with some bonds from government parastatals 
also  available.  There is a growing corporate bond  sector, 
however,  as  more companies seek to raise  capital  through 
this mechanism. 
 
The   Financial  Services  Board  continues  to  assess  and 
implement   the   recommendations   of   the   International 
Organization of Securities Commissions in order to bring the 
non-banking  financial services in line  with  international 
best practices.  There are presently discussions underway to 
establish a single financial services regulator. 
Financial  services  in South Africa  are  characterized  by 
extensive  interlocking shareholding  relationships  between 
the  major  banks  and  the large insurance  companies.  The 
securities   markets  are  well  developed.   Non-residents' 
participation  in  the  securities  and  stock  markets  has 
increased  sharply. The JSE began permitting  foreign  banks 
and firms to join its registry in November 1995. 
 
6.10      Political Violence 
 
Political  violence is not a major issue  in  South  Africa. 
Criminal   violence,   however,  is  high.    National   and 
provincial  governments have unveiled a number  of  programs 
aimed  at  attacking crime in general, and South  Africa  is 
working  closely  with  donor  countries  to  address   this 
problem. 
 
6.11 Corruption 
 
South  African  law provides for prosecution  of  government 
officials  who  solicit  or  accept  bribes.  Penalties  for 
offering   or   accepting  a  bribe  may  include   criminal 
prosecution,  monetary fines, and dismissal  for  government 
employees, or deportation for foreign citizens. South Africa 
boasts no fewer than ten agencies engaged in anti-corruption 
activities. Some, like the Public Service Commission  (PSC), 
Office  of  the  Public Protector (OPP), and Office  of  the 
Auditor-General  (OAG),  are constitutionally  mandated  and 
address  corruption as only part of their  responsibilities. 
Others,  like the South African Police Anti-Corruption  Unit 
and  the  Directorate for Special Operations (more popularly 
known  as "the Scorpions"), are dedicated to combating crime 
and corruption. High rates of violent crime, however, are  a 
strain  on capacity and make it difficult for South  African 
criminal   and   judicial  entities  to  dedicate   adequate 
resources to anti-corruption efforts. 
 
South  Africa  is not a signatory of the OECD Convention  on 
Combating  Bribery.  South Africa signed the  UN  Convention 
against  Corruption on December 9, 2003 and ratified  it  on 
November 22, 2004.  Transparency International South Africa, 
an  affiliate of Transparency International, has operated in 
South Africa since 1997. 
 
During the last few years, crime has been a far more serious 
problem than either corruption or political violence and  an 
impediment  to,  and  a  cost of, doing  business  in  South 
Africa.  The  South  African police  forces  have  not  been 
effective  or well accepted in many communities  because  of 
their historical role in enforcing minority rule, their lack 
of  training, and internal crime and corruption  within  the 
forces. The levels of crime, especially violent crime, are a 
deterrent to attracting U.S. companies to South Africa. 
 
New laws, such as the Promotion of Access to Information Act 
signed  into  law in February 2000, have helped to  increase 
transparency in government in the last few years. The Public 
 
 
Finance  Management Act, which became effective on April  1, 
2000,  helped  to raise the level of oversight  and  control 
over   public   funds  and  improved  the  transparency   of 
government  spending, especially with regard  to  off-budget 
agencies  and  parastatals. Notwithstanding  these  efforts, 
businesses   complain  about  the  lack  of  certainty   and 
consistency in interpreting and implementing some government 
policies. 
 
President  Mbeki  signed "The South African  Prevention  and 
Combating  of Corrupt Activities Act" (PCCAA)  into  law  on 
April  28,  2004.   The  PCCAA makes  it  more  clear  which 
activities are considered graft.  The act: 
 
      includes a list of codified corruption offenses related 
     to specific persons. 
 
      clearly defines that graft occurs between a "corruptor" 
     and a "corruptee." 
 
      declares that a bribe need not be monetary in nature, 
     nor need it be paid directly to the person who will be 
     undertaking the corrupt act. 
 
      bars the payment of bribes to foreign public officials 
     by South African citizens and firms. 
 
      provides a list of corruption-related offenses relating 
ting 
     to specific matters in the public and private sectors. 
 
      allows for the investigation and seizure of 
     "unexplained wealth." 
 
      tasks the National Treasury to establish a register of 
     tender defaulters for corrupt individuals and firms. 
 
      obliges public officials to report any corrupt 
     activities. 
 
      prescribes strict penalties, including the possibility 
     of life imprisonment. 
 
One shortcoming of the act is the failure to protect 
whistleblowers against recrimination or defamation claims. 
 
6.12      Bilateral Investment Agreements 
 
South  Africa  has  bilateral  investment  agreements   with 
Argentina,  Austria,  Belgium,  Canada,  Chile,  the   Czech 
Republic,  Finland, France, Germany, Greece, Mauritius,  the 
Netherlands,   the   Republic  of  Korea,   Spain,   Sweden, 
Switzerland,  Turkey,  and the United  Kingdom.    A  Trade, 
Development,  and  Cooperation Agreement containing  a  Free 
Trade  Agreement (FTA) went into force between South  Africa 
ica 
and  the European Union on January 1, 2000, but it does  not 
have  an  investment  chapter.  Under the  FTA,  the  EU  is 
committed to the full liberalization of 95% of South African 
imports over a 10-year transitional period, while SA  is  to 
liberalize  86%  of  EU imports over a 12-year  transitional 
period. 
 
The   U.S.-SA  bilateral  tax  treaty,  eliminating  double- 
taxation  of business officials from one country working  in 
another  was  signed in February 1997 and  became  effective 
January  1,  1998.   Agreements Regarding Mutual  Assistance 
between the Customs Administrations of the United States and 
South  Africa came into force on August 1, 2001.  The United 
States  and  South  Africa signed the Trade  and  Investment 
Framework Agreement (TIFA) in February 1999, establishing  a 
Council    on    Trade   and   Investment   consisting    of 
representatives  of  both governments.  The  council's  last 
meeting   was   held  in  February  2002.    U.   S.   Trade 
Representative  Robert  Zoellick  visited  South  Africa  in 
February  2002  and  January 2003  and  met  with  his  SACU 
counterparts on both occasions.  The United States and  SACU 
decided to pursue a Free Trade Agreement (FTA) and held  six 
rounds  of negotiations since June 2003.  The United  States 
is seeking an investment chapter in the FTA. 
 
The rate of South African Normal Company Taxation applicable 
to  companies  (other than small business  corporations  and 
"employment companies" with financial years ending  after  1 
April  1999)  is 30%.  Prior to April 1999, the company  tax 
was  35%  and prior to April 1994, the company tax rate  was 
40%.   Companies are not entitled to any rebates except  for 
foreign royalty and foreign taxes paid.  Companies are  also 
liable  for  secondary tax on companies (STC)  at  12.5%  in 
respect  of  all  dividends declared after  13  March  1996. 
Close  Corporations  are treated as companies  for  taxation 
purposes. 
 
Beginning in January 2001, South Africa moved to a residence- 
based  income tax system.  Taxes are levied on residents  of 
SA  irrespective of where in the world the income is earned. 
Although taxpayers are taxed on their worldwide income, some 
categories  of income and activities undertaken  outside  SA 
are  exempt from SA tax.  External companies are taxed at  a 
flat  rate  of  35% on their South African  source  profits. 
Effective  October  1,  2001, SA also instituted  a  capital 
gains tax.  Individuals include 25% of net capital gains  in 
taxable  income, and companies include 50% of capital  gains 
in taxable income.  As a result, the effective capital gains 
rate  for individuals will vary from zero0 to 10.5% and  the 
rate  for  companies is 15%.  SA also has a 14%  value-added 
tax (VAT).  Exports are zero-rated and no VAT is payable  on 
imported capital goods. 
To  further  encourage business investment, the Minister  of 
Finance  in February 2003 made several proposals  that  will 
offer tax relief to companies.  These include: 
        The   accelerated  depreciation  arrangements   for 
     manufacturing assets, introduced as a temporary measure, 
     will be retained as a fixed element in the tax policy. 
    In keeping with practice in many other jurisdictions, 
relief will be provided where business asset sale proceeds 
are reinvested within 18 months. 
    Taxpayers will be allowed to claim losses from ordinary 
revenue on the sale of devalued depreciable business assets 
with short economic lives. 
    An accelerated four-year write-off period is proposed 
for capital expenditure relating to research and development 
in the field of natural and applied science. 
    A double deduction is introduced for the first R20, 000 
of costs incurred in the start-up of new businesses. The 
turnover limit for small businesses qualifying for a lower 
company tax rate will be increased from R3 million to R5 
million. 
 
The  government  also  introduced tax measures  in  2003  to 
  to 
encourage urban development. It announced that investment in 
refurbishment or construction of buildings in certain  urban 
areas    would   receive   special   treatment.    Taxpayers 
refurbishing a building within designated zones will receive 
a  20  per cent straight-line depreciation allowance over  a 
five-year period. Construction of new buildings within  such 
a  zone  will receive a 20 per cent write-off in  the  first 
year  and five per cent a year for a further 16 years.  This 
benefit will be available to owners as users of the building 
or   as   lessors/financiers   of   these   investments.   A 
complementary  proposal  extends tax  advantages  to  public 
benefit organizations that provide affordable housing to low- 
income households in underdeveloped urban areas, as part  of 
a  more  comprehensive broadening of the list of  activities 
qualifying  for tax-deductible donations.   The Minister  of 
Finance  also  announced  the scrapping  of  "a  potentially 
harmful  tax  practice"  in the form  of  the  International 
Headquarter  Company regime as the need for  this  exemption 
was obviated by the removal of the foreign dividend tax. 
 
6.13      OPIC and other investment insurance programs 
 
The Overseas Private Investment Corporation (OPIC) supports, 
finances, and insures U.S. overseas investment projects that 
are   financially   sound.    Its   assistance   contributes 
significantly to the social and economic development of  the 
host   country.   OPIC  aids  U.S.  investors  through   the 
following  four principal activities, which are designed  to 
promote overseas investment and reduce the associated risks: 
    Financing businesses through loans and loan guarantees. 
    Supporting private investment funds. 
    Insuring investment against a broad range of political 
risks. 
    Engaging in outreach activities designed to inform the 
American business community. 
 
South   Africa  signed  a  bilateral  investment   incentive 
ive 
agreement  with  the  United States in  November  1993  with 
respect  to  all of OPIC's programs.  Today,  OPIC  backs  a 
number  of  investment funds focused on  Sub-Saharan  Africa 
including  the Africa Growth Fund ($25 million), the  Modern 
Africa Growth and Investment Fund ($105 million), and the ZM 
Investment   Fund  ($120  million).   OPIC   also   recently 
established    the    $350   million   Sub-Saharan    Africa 
Infrastructure Fund (SAIF) to target infrastructure projects 
in all of Sub-Saharan Africa, including South Africa. 
 
During  2003,  OPIC helped the National Urban Reconstruction 
and  Housing  Agency  (Nurcha), a wholesale  housing  income 
fund,  to  establish  a  scheme to lend  directly  to  needy 
contractors  in a bid to ensure small developing contractors 
have access to finance.  Nurcha will use funds from the R200 
million  transaction to lend out R100 million this  year  to 
fund  projects,  facilitating construction of  about  24,000 
affordable homes. The new scheme, which is intended to speed 
up   the   delivery   of  affordable   housing,   will   use 
intermediaries  to  handle  contractors'  financial  issues. 
Previously  the  Nurcha Fund acted only as a  guarantor  for 
loans  from  financial institutions to emerging contractors, 
and  the  contractors  had  to handle  their  own  finances. 
Additional information is available at www.opic.gov.   South 
Africa  is  also  a member of the World Bank's  Multilateral 
Investment Guarantee Agency (MIGA). 
 
16.14          Labor 
 
Since   1994,   the  South  African  Government   has   been 
systematically removing the vestiges of the apartheid  labor 
system.  The government is attempting to erect in its  place 
a  labor  market system that is characterized by  employment 
security,  reasonable wages, and decent working  conditions. 
The  new  system,  which was negotiated between  government, 
business,  and  organized  labor  under  the  aegis  of  the 
National  Economic  Development and Labor Council  (NEDLAC), 
places   a  high  value  on  worker  rights  and  collective 
bargaining between parties that are equally empowered. 
 
The   new  labor  dispensation  rests  on  four  legislative 
pillars: 
 
  (1)  The Labor Relations Act, in effect since November 1996, 
     is the cornerstone of the entire regulatory structure.  It 
     enshrines both the right of workers to strike and also the 
     right of management to lock out workers and hire replacement 
     labor during a strike.  The Act created the Commission on 
     Conciliation, Mediation, and Arbitration  (CCMA).   The 
     Commission currently has a caseload far in excess of that 
     which was originally projected because of the ease of access 
     to its services. 
(2)  The Basic Conditions Employment Act, implemented in 
December 1998, establishes a 45-hour workweek and minimum 
standards for overtime pay, annual leave, notice of 
termination, and the like. 
(3)  The Employment Equity Act prohibits unfair employment 
discrimination and requires large and medium employers to 
prepare affirmative action plans to ensure that blacks, 
women, and disabled persons are adequately represented in 
the workforce. 
(4)  The Skills Development Act imposes a levy on employers 
equal to 1.0% of payroll to be used for training programs 
devised by industry-specific training authorities and 
jointly administered by employer organizations and labor. 
 
Many  in business claim that the South African labor  market 
is  over-regulated  and have urged the government  to  scale 
back  some of the recently passed legislation.  In response, 
the  Labor Minister proposed a number of amendments  to  the 
labor laws, which were later, refined and agreed upon in  an 
informal  business-labor body known as the Millennium  Labor 
Council  (MLC).  These amendments were passed by  Parliament 
in March 2002.  In its 2002 Article IV Staff Report on South 
Africa,  released  on 23 January 2003, the  IMF  noted  that 
conditions  in  the  labor  market  had  improved  with  the 
introduction  of  legislation to streamline the  arbitration 
process and allow for more flexibility in employment. 
 
According  to  the latest (March 2004) Labor  Force  Survey, 
published  by Statistics SA, the official unemployment  rate 
is   27.8%.    This   rate  uses  the  International   Labor 
Organization (ILO) definition of unemployed, which  excludes 
persons who have not looked for work in the four weeks prior 
to the interview. 
 
There  are about 3.3 million union members in South  Africa, 
composing  44% of the formal sector employment.  Most  union 
members belong to affiliates of one of the three major union 
federations:  the  Congress of South  African  Trade  Unions 
(COSATU), the Federation of Unions of South Africa (FEDUSA), 
or  the  National Council of Trade Unions (NACTU).  Although 
COSATU,   the  largest  federation  with  some  1.8  million 
members, is formally allied with the ruling African National 
Congress (ANC) and the South African Communist Party (SACP), 
it  often  opposes  the government on  matters  of  economic 
policy.   One of COSATU's particular targets is governmental 
efforts  to  privatize  municipal services  and  state-owned 
corporations.   Striking is protected  under  South  African 
law,  but,  in  general, labor militancy has been  declining 
since 1994. 
 
16.15          Foreign Trade Zones/Free Ports 
 
The  DTI website states there are no foreign trade zones  or 
free   ports  in  South  Africa,  though  there  are  bonded 
warehouses  at various ports of entry.  General  rebates  of 
duty  are available for specific situations, and duties  may 
be rebated on goods on re-export. 
 
South  Africa  has  what  it terms  "Industrial  Development 
Zones."    They  are fairly new as the first  one  was  only 
designated  in  2001.  The IDZ program and  the  regulations 
were  introduced in 2000.  There are IDZs in Port  Elizabeth 
(Coega)  and  East London (both in Eastern  Cape  province), 
Richards  Bay  (in  KwaZuluNatal province) and  Johannesburg 
International Airport in Gauteng province.  An IDZ is run by 
an  IDZ  operator, which can be government-owned,  privately 
owned,  or  PPP  (Public  Private Partnership)-  structured. 
Customs  control  will  be part of the  IDZ  operations  and 
handled   by  the  South  African  Revenue  Service  (SARS). 
Licensing  of  enterprises is part of  the  process  and  is 
performed by the Manufacturing Dev Board as the adjudicating 
authority in collaboration with SARS.  The customs  benefits 
related to manufacturing or processing in the zone are duty- 
free  and  VAT-suspension on imports and  exports,  provided 
that  the  finished product is exported.  Expedited services 
and  other logistical arrangements can be provided  for  SME 
businesses or for new foreign direct investment.  Co-funding 
for  infrastructure development is available.  There are  no 
exemptions   from  other  laws  or  regulations,   such   as 
environmental and labor laws. 
 
16.16          Foreign Direct Investment Statistics 
 
Foreign direct investment (FDI) data is readily available in 
South  Africa,  but published statistics vary  depending  on 
their   source   and   definition.    Among   the   numerous 
institutions that provide foreign investment data, the  U.S. 
Embassy  in South Africa tends to rely mostly on  the  South 
African Reserve Bank (SARB).  The SARB statistics conform to 
the  IMF definition of FDI* and represent actual investment, 
excluding    announced   but   not   completed,   "intended" 
investment.   However,  the SARB does not  provide  country- 
specific   figures  that  distinguish  between  actual   new 
investment flows and changes in investment stocks caused  by 
asset  swaps,  exchange rate adjustments,  and  mergers  and 
acquisitions.   This situation makes it difficult  to  track 
the  United States' and other countries' FDI position in  SA 
on  a yearly basis.  Because SARB statistics only provide an 
annual   total  for  all  the  countries'  flows   combined, 
observers   also  often  consult  more  updated  information 
obtained  from  the South Africa-based firm  "Business  Map" 
(BM).  The latter offers fee-based services for a wide range 
of  investor-related data and analysis and may be  contacted 
via its web site at www.bmap.co.za. 
 
(*FDI  is generally defined as ownership of at least 10%  of 
the  voting rights in an organization by a foreign  resident 
or  several  affiliated foreign residents, including  equity 
capital, reinvested earnings, and long-term loan capital.) 
 
The  following  FDI statistics were drawn  from  the  SARB's 
September 2004 Quarterly Bulletin.  The conversion  exchange 
rate used was that of the average for each year cited. 
 
 
 
Table A:  Average exchange rates used 
          1999      2000    2001       2002         2003 
US$/Rand  6.11      6.94    8.60       10.52        7.56 
 
Table  B:   Year-end stock of Foreign Direct  Investment  in 
South Africa 
               1999      2000      2001      2002    2003 
Rand (billion) 318.63    328.86    370.70    255.84  303.44 
US$ (billion)   52.15     47.39     43.10     24.32   40.14 
 
Table  C:  Year-end stock of South African Direct Investment 
Abroad 
               1999      2000     2001     2002    2003 
Rand (billion) 203.04    244.65  213.18   189.91  180.51 
US$ (billion)   33.23     35.25   24.79    18.05   23.88 
 
(Table D: GDP (in Rand billion at current prices) & FDI as a 
percentage of GDP 
               1999      2000     2001     2002     2003 
GDP            813.68    922.15 1020.01  1164.94   1251.47 
FDI (%)         39.2      35.7    36.3     22.0      24.3 
 
Table  E:   Year-end  stock  of  FDI  in  South  Africa   by 
region/country (in billions) 
REGION/COUNTRY   RAND         RAND           US$       US$ 
                 2002         2003           2002      2003 
EUROPE - Total   211.2        245.8          20.1      32.5 
UNITED   KINGDOM       158.2          188.4             15.0 
24.9 
GERMANY                22.1            22.9              2.1 
3.0 
SWITZERLAND     6.0          6.1           0.6       0.8 
NETHERLANDS          12.8              16.1              1.2 
2.1 
FRANCE                  3.6             4.1              0.4 
0.5 
ITALY              1.4       2.0           0.1       0.3 
 
N&S AMERICA - Total   25.1     32.1           2.4       4.2 
USA                   23.9  29.5           2.3       3.9 
 
AFRICA - Total        5.5      4.7            0.5      0.6 
 
ASIA - Total         13.9     20.5            1.3      2.7 
MALAYSIA           7.1     10.0            0.7      1.3 
JAPAN                 3.4   7.1            0.3      0.9 
 
OCEANIA - Total       0.2      0.4            0.0       0.1 
 
--------------------------------------------- --------------- 
--------------------------------------------- --- 
TOTAL               255.8     303.4          24.3      40.1 
--------------------------------------------- --------------- 
--------------------------------------------- --- 
 
Table  F:  Year-end stock of South African direct investment 
abroad by region/country 
REGION/COUNTRY      RAND           RAND       US$      US$ 
                     2002           2003      2002     2003 
EUROPE - Total       152.4         137.4      14.5     18.2 
UNITED KINGDOM     45.5          44.1       4.3      5.8 
LUXEMBURG             46.8       43.7       4.5      5.8 
AUSTRIA               27.0       11.2       2.6      1.5 
OTHER              33.0          38.4       3.1      5.1 
 
N&S AMERICA - Total   24.8          17.0       2.4      2.2 
USA                        22.9            14.9          2.2 
2.0 
 
AFRICA - Total        14.2          15.8       1.4      2.1 
 
ASIA - Total           4.4           3.5       0.4      0.5 
OCEANIA - Total        7.0           6.8       0.7      0.9 
--------------------------------------------- --------------- 
--------------------------------------------- - 
TOTAL                 202.8        180.5      19.3     23.9 
--------------------------------------------- --------------- 
--------------------------------------------- - 
 
Table  G:  Year-end stock of FDI in South Africa by industry 
sector (Billions) 
 
INDUSTRY              RAND         RAND       US$      US$ 
                     2002          2003      2002      2003 
Agriculture, 
 Forestry & Fishing   0.7          0.5      0.1         0.1 
Mining               80.6        103.1      7.7        13.6 
Manufacturing        67.3         75.4      6.4        10.0 
Construction        1.9          1.9       0.2      0.3 
Trade, Catering, 
 & Accommodation   13.3         13.4       1.3      1.8 
Transport, Storage, 
 & Communication   10.1         22.0       1.0      2.9 
Finance, Insurance, 
 Real Est. & 
Business  Services  81.6        86.6       7.8     11.5 
Social services      0.4         0.4       0.0      0.1 
--------------------------------------------- --------------- 
--------------------------------------------- -- 
TOTAL              255.8        303.4     24.3     40.1 
--------------------------------------------- --------------- 
--------------------------------------------- -- 
 
Table  H:   FDI  Flows  into  South  Africa:  Investment  by 
foreigners in undertakings in SA in which they have at least 
10% of the voting rights - Capital movements 1995 to 2002 in 
Rand billions (inflows) 
1995      4.5 
1996      3.5 
1997*    17.6 
1998      3.1 
1999      9.2 
2000      6.2 
2001*    58.4 
2002      8.0 
2003      5.8 
 
*The high inflow in 1997 was due to the 30% privatization of 
Telkom  while  the jump in 2001 is the result of  the  Anglo 
American/ De Beers transaction. 
 
Table  I:   FDI  flows:   Investment by  South  Africans  in 
undertakings abroad in which they have at least 10%  of  the 
voting  rights  -  Capital movements 1995 to  2002  in  Rand 
billions (outflows) 
1995      9.1 
1996      4.5 
1997      10.8 
1998      9.8 
1999      9.7 
2000      1.9 
2001    -27.4 (inflow - decrease in investment abroad)) 
2002     -4.2 (inflow- decrease of investment abroad) 
2003      5.4 
 
*2001  De Beers/ Anglo American transaction resulted in  the 
return  of  capital, previously invested  abroad,  to  South 
Africa 
 
For  2003,  the Business Map Foundation, a non-profit  South 
African  based  research  organization  and  think  tank,  * 
reported  that  during the first quarter, FDI  inflows  were 
slow.   However,  during the second  quarter,  plans  for  a 
number  of  noteworthy investments were  announced.  Daimler 
Chrysler announced a R2 billion-expansion deal.  This,  plus 
a R123 million investment in improving the facilities at two 
Da Gama Textile plants, made Germany the leading investor by 
country  in  this  quarter.  Japan was  the  second  largest 
investor in quarter 2, 2003 with Toyota announcing  that  it 
is  to invest a further R1.7 billion to enhance its exports. 
South  Africa  has been confirmed as one of  five  worldwide 
locations  approved  by  Toyota Motor  Corporation  for  the 
production of a new generation light commercial vehicle.  On 
U.S.  investment, the Ford Motor Corporation of South Africa 
announced  its  intention  to expand  into  a  R280  million 
project to refurbish its paint shop. 
 
(*  The Business Map definition of FDI includes mergers  and 
acquisitions,  new  investments,  privatization,  expansions 
that  result  in  new productivity capacity,  and  plans  or 
intentions to invest, i.e., commitments.) 
 
The  South African branch of Barclays Bank PLC announced  on 
July  2,  2003  that it had received about R470  million  in 
additional  capital from the UK banking group.  The  capital 
will  be used to further grow its operations in this country 
and  to  establish  a  local business structure  capable  of 
supporting  its customers who are growing their Pan  African 
operations,  it  said. Barclays South Africa  branch,  which 
provides corporate and investment banking services, has over 
the first six months of 2003 strategically positioned itself 
to  become  a  more  prominent player in the  South  African 
market.    This  is  evident  in  the  appointment   of   an 
experienced  team of corporate bankers focused on  expanding 
its  corporate and investment banking unit as well as moving 
the  Barclays  Africa  headquarters  from  London  to  South 
Africa. 
 
BusinessMap set third quarter 2004 FDI at R27.8 billion, due 
to  Barclays Banks' plans to obtain a majority share in ABSA 
bank.  Investment by vehicle makers is forecast to  reach  a 
five-year  high  of R3.5 billion in 2004 and  South  African 
Breweries   has  committed  themselves  to  a   R5   billion 
investment  over the next five years. Other major  companies 
with  ambitious investment plans include Sasol, with capital 
spending  peaking at R15 billion, PPC to add capacity  worth 
almost  R1 billion with Eskom and Telkom expected  to  spend 
R165billion to improve infrastructure. 
Since  1994 many foreign firms have opened up (or re-opened) 
offices  in  South Africa.  It is estimated that  there  are 
nearly  700  American companies (including subsidiaries  and 
joint  ventures,  local  partners,  agents,  franchises  and 
representatives.)  doing  business  in  South  Africa.   The 
second  and  third highest numbers of companies per  country 
are from Germany and the U.K. respectively. 
 
          Key investment industries in South Africa: 
 
South Africa is a food self-sufficient country and the  bulk 
of the population's food needs are produced locally from raw 
materials. South Africa's well developed food and  beverages 
industry  has  become a global player.  Some  of  the  major 
international agro-processing companies that have a presence 
in  South  Africa are: Unilever, Nestle, Coca-Cola,  Danone, 
Parmalat, Kellogg, HJ Heinz, Cadbury-Schweppes, Virgin Cola, 
McCain Foods of Canada, Pillsbury, and Minute Maid. 
 
The South African Automotive and Components industry is on a 
growth path and is well placed for investment opportunities. 
 
BMW, Ford, General Motors, Volkswagen, Daimler-Chrysler and 
Toyota all have production plants in South Africa.  . 
General Motors / Opel is also intent on significant 
investments in its Port Elizabeth plant. 
 
Four major commercial banking groups who provide retail  and 
investment  banking  services  dominate  the  South  African 
banking  industry.  The European, Malaysian and  U.S.  banks 
that  have  banking  licenses have so  far  concentrated  on 
corporate  as opposed to retail banking. Foreign  banks  are 
gaining market share by charging aggressive lending margins. 
 
The chemical industry is the largest manufacturing sector of 
the  SA  economy, accounting for some 5% of GDP. The country 
is  a world leader in the manufacture of synthetic fuel from 
coal.  Four  oil  refineries  dominate  the  petroleum   and 
petrochemical industry plus the Sasol and Mossgass (PetroSA) 
Fischer-Tropsch based operations. The rest of  the  chemical 
manufacturing sector consists mainly of AECI, Sentrachem and 
fertilizer plants. 
 
The  following  companies  have invested  in  excess  of  R1 
billion in South Africa since 1994: 
 
Table F:  TOP FOREIGN COMPANIES INVESTED IN SOUTH AFRICA 
 
Canada         - Placer Dome 
Denmark        - AP Moller 
France         - Lafarge 
Germany        - BMW 
Italy          - Cirio (Del Monte) 
Switzerland    - Movenpick Hotels 
UK             -  Billiton; Lonrho Plc, SA Breweries,  Anglo 
               American 
U.S.           - Caltex; Coca Cola; Dow Chemicals; IBM; 
Saudi Arabia   - Oger 
 
Other  significant U.S. investors include: Ford,  McDonalds, 
Levi  Strauss,  Minute Maid, Nike, Salem, Silicon  Graphics, 
Microsoft,  HP, Dell, Sara Lee, Caterpillar,  Goodyear,  Eli 
Lilly, Fluor and General Electric. 
 
END TEXT 
 
 
MILOVANOVIC