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Viewing cable 09AMMAN134, JORDAN 2009 INVESTMENT CLIMATE STATEMENT: OPENNESS TO
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09AMMAN134 | 2009-01-15 06:50 | 2011-08-26 00:00 | UNCLASSIFIED | Embassy Amman |
VZCZCXYZ0000
RR RUEHWEB
DE RUEHAM #0134/01 0150650
ZNR UUUUU ZZH
R 150650Z JAN 09
FM AMEMBASSY AMMAN
TO RUEHC/SECSTATE WASHDC 4181
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUCPCIM/CIMS NTDB WASHDC
UNCLAS AMMAN 000134
SIPDIS
STATE PLEASE PASS TO USTR
STATE FOR NEA/ELA AND EB/IFD/OIA
TREASURY FOR SETH BLEIWEIS
E.O. 12958: N/A
TAGS: EINV EFIN ELAB ENRG ETRD PGOV OPIC KTDB USTR JO
SUBJECT: JORDAN 2009 INVESTMENT CLIMATE STATEMENT: OPENNESS TO
FOREIGN INVESTMENT
REF: 08 STATE 123907
OPENNESS TO FOREIGN INVESTMENT
------------------------------
¶1. In the nearly ten years since King Abdullah succeeded to the
throne, Jordan has taken several steps to encourage foreign
investment and realize the vision of transforming Jordan into an
outward-oriented, market-based economy competitive in the global
marketplace. Key reforms have been undertaken in the information
technology, pharmaceuticals, tourism, and services sectors. Foreign
and domestic investment laws grant specific incentives to industry;
agriculture; tourism; hospitals; transportation; and energy and
water distribution. The laws also allow the cabinet flexibility in
offering investment incentives to other sectors.
¶2. Jordan acceded to the World Trade Organization (WTO) in April
¶2000. In addition, a U.S.-Jordan Free Trade Agreement (FTA) entered
into force on December 17, 2001. Investment promotion activities
have been consolidated under the Jordan Investment Board (JIB),
which provides a "one-stop shop" for investors. A new investment
promotion law stalled in 2008 but is expected to pass parliament in
2009 and provide JIB with greater flexibility in supporting new
investors. Jordan is still in negotiations on a WTO Government
Procurement Agreement due to domestic concerns. Jordan's current
investment laws treat foreign and local investors equally, with the
following exceptions:
-- Under the terms of the U.S.-Jordan FTA, ownership of periodical
publications is restricted to Jordanian natural persons or Jordanian
juridical entities wholly-owned by Jordanians.
-- Foreign investors may not have whole or partial ownership of
investigation and security services, sports clubs (except for health
clubs), stone quarrying for construction purposes, customs clearance
services, or land transportation including buses or taxis.
-- Under the same agreement, foreign investors are limited to 50
percent ownership in printing/publishing and in aircraft or maritime
vessel maintenance and repair services. Also under the FTA, foreign
investors are limited to 50 percent ownership in a number of
businesses and services. The most up-to-date listing of limitations
on investments is available in the FTA Annex 3.1 and may be found at
the following internet address:
http://www.ustr.gov/Trade_Agreements/Bilatera l/
Jordan/Section_Index.html.
-- A minimum capital requirement of JD 50,000 (U.S. $70,000) is set
for foreign investors. This requirement was lowered for Jordanian
businesses in 2008 to JD 1,000 (U.S. $1,400). This requirement does
not apply to participation in public shareholding companies.
¶3. Local and foreign investments are screened by JIB's Incentives
Committee. In addition, investors in large projects find that the
informal approval of local and central government officials helps to
ensure governmental cooperation in project implementation.
¶4. Jordanian law stipulates that expropriation is prohibited unless
deemed in the public interest. It provides for fair compensation to
the investor in convertible currency.
¶5. The government has engaged in an extensive privatization program
since 1999, with ongoing achievements in 2008 in energy and
aviation. By 2008, the majority of Jordan's energy sector had been
privatized including two distribution companies: Electricity
Distribution Company (EDCO), Irbid District Electricity Company
(IDECO) and one generation company: Central Electricity Generating
Company (CEGCO). The privatization of a second generation company,
Samra Power Plant (SEPGCO), is in progress.
¶6. In early 2008, the Government of Jordan concluded the initial
public offering of national air carrier Royal Jordanian. Concurrent
with this privatization, the role of the regulatory body, the Jordan
Civil Aviation Regulatory Commission, continues to evolve with
greater separation between regulation and aviation management.
Related to this regulatory change, management of Amman's Queen Alia
International Airport was fully transferred to a private company and
the build-operate-transfer (BOT) airport expansion is well underway.
¶7. The number and size of future privatization projects, however, is
expected to shrink as most government assets have already been
privatized, with the small number of remaining assets, such as
Jordan Silos and Supply, eliciting little private sector interest.
The majority of future projects are expected to be public-private
partnerships (PPP) rather than pure privatization deals and the
government has changed the mandate of its privatization commission
to focus on partnerships.
¶8. The Executive Privatization Commission most recently initiated a
medical and industrial waste project. Among the projects still
seeking investors are passenger and cargo rail, the postal system,
and the nation's refinery. The 50-year concession to the Jordan
Petroleum Refinery Company ended in March 2008, and the government
has drafted a new energy law to open up the hydrocarbon sector for
local and foreign investors. This restructuring will involve
unbundling the distribution and storage facilities and creating
several new companies. Multiple bids have been received and a short
list of potential partners is scheduled to be selected in mid-2009.
Some U.S. companies have expressed frustration with the lack of
transparency, unexpected delays, and changing requirements during
the tendering process of several large energy PPP projects.
¶9. With respect to ownership and participation in the major economic
sectors in Jordan, there is no apparent discrimination against
foreign participation. In fact, many Jordanian businesses seek
foreign partners, which are perceived as the key to increased
competitiveness and easier entry into international markets.
Jordan's efforts have combined to make Jordan's investment climate
more welcoming, but some large U.S. investors have reported "hidden
costs" when investing in Jordan due to bureaucracy, red tape, vague
regulations, and conflicting jurisdictions. In the World Bank's
(WB) 2009 Doing Business Report, Jordan was ranked 101st out of 181
countries for the regulatory ease of doing business. Jordan
received its best rankings for taxation and employment policies.
Jordan received its worst rankings for enforcing contracts and
starting a business. Jordan ranked 6th out of 142 countries in
inward foreign direct investment performance in 2007, according to
the 2008 World Investment Report issued by the United Nations
Conference on Trade and Development (UNCTAD). As they would in
other countries, investors should execute due diligence in exploring
investment opportunities and concluding purchases.
CONVERSION AND TRANSFER POLICIES
--------------------------------
¶10. Jordan's liberal foreign exchange law entitles foreign investors
to remit abroad, in a fully convertible foreign currency, foreign
capital invested, including all returns, profits, and proceeds
arising from the liquidation of investment projects. Non-Jordanian
administrative and technical employees are permitted to transfer
their salaries and compensation abroad.
¶11. The Jordanian Dinar (JD) is fully convertible for all
commercial and capital transactions. The JD has been pegged to the
U.S. dollar at an exchange rate of approximately 1 JD to US $1.41
since 1995, and the Central Bank of Jordan (CBJ) is expected to
continue this policy.
¶12. Licensed money-exchangers are supervised by the CBJ, the banking
system's regulatory authority, but are free to set their own
exchange rates depending on market conditions. Unlike banks, they
do not pay the CBJ commissions for exchange transactions, giving
them a competitive edge over banks.
¶13. Other foreign exchange regulations include:
-- Non-residents are allowed to open bank accounts in foreign
currencies. These accounts are exempted from all transfer-related
commission fees charged by the CBJ.
-- Banks are permitted to purchase an unlimited amount of foreign
currency from their clients in exchange for JD on a forward basis.
Banks are permitted to engage in reverse operations involving the
selling of foreign currency in exchange for JD on a forward deal
basis for the purpose of covering the value of imports.
-- There are no restrictions on the amount of foreign currency that
residents may hold in bank accounts, and there are no ceilings on
the amount residents are permitted to transfer abroad.
-- Banks do not require prior CBJ approval for the transfer of
funds, including investment-related transfers, although stricter
measures are now in place to monitor bank wire transfers to boost
Jordan's ability to participate in the global fight against illicit
financial flows.
EXPROPRIATION AND COMPENSATION
------------------------------
¶14. There are no known cases where the government has expropriated
the private property of an investor without just compensation and a
just court process.
DISPUTE SETTLEMENT
------------------
¶15. Under Jordanian law, foreign investors may seek third party
arbitration or an internationally recognized settlement of disputes.
The Jordanian government recognizes decisions issued by the
International Center for the Settlement of Investment Disputes
(ICSID) of which it is a member. A small number of cases between
investors and the Jordanian government have been brought before an
ICSID tribunal in the last six years. Jordan is also a member of
the New York Convention of 1958 on the recognition and enforcement
of foreign arbitral awards. In cases where the government (or its
agencies) is a party to the dispute, it generally prefers settlement
in local courts if an out-of-court settlement is not forthcoming.
Jordan abides by WTO dispute settlement mechanisms. Dispute
settlement mechanisms under the FTA are consistent with WTO
commitments. Article IX of the Bilateral Investment Treaty (BIT)
establishes procedures for dispute settlement.
Jordan's Legal System:
¶16. In the legislative process, draft laws are prepared by various
ministries and submitted to the Legislative and Opinion Bureau of
the Prime Ministry for initial review. From there, laws are then
submitted to the cabinet and subsequently presented to the lower
house of parliament for consideration. Once passed by the lower
house, draft laws must be approved by the senate. All laws require
royal assent and must be published in the Official Gazette before
they come into force.
¶17. According to the constitution, the judiciary is independent of
other branches of the government. In some cases, it is susceptible
to political pressure and interference by the executive branch. The
judiciary does not have an independent budget, and appointments to
the bench are not always done on the basis of merit.
¶18. The constitution classifies the judiciary into three categories:
religious courts, special courts (e.g., Military Court, Customs
Court, Income Tax Court), and regular courts. Verdicts rendered by
the Jordanian judiciary are based on decisions made by a judge or a
panel of judges.
¶19. General legal provisions are incorporated within the Civil Code,
unless a separate, more specialized law governs the nature of the
specific relationship. Commercial activities, including business
contracts and financial papers, are governed by the Commercial Code.
¶20. Various provisions in the Commercial Code, the Civil Code, and
the Companies Law govern bankruptcy and insolvency. A temporary
Bankruptcy Law came into force in 2002. NOTE: Temporary laws in
Jordan are constitutionally permitted laws passed when parliament is
not in session. They remain in force until parliament convenes and
takes further action, and retain their validity for the time they
were in force, even if they are later rejected by parliament. END
NOTE. In 2009, a new bankruptcy law is expected to be submitted to
parliament.
PERFORMANCE REQUIREMENTS/INCENTIVES
-----------------------------------
¶21. Following Jordan's accession to the WTO, the Trade-Related
Investment Measures (TRIMS) agreement came into force. Investment
and commercial laws do not contain any trade-restrictive investment
measures and have generally been in compliance with TRIMS.
¶22. Investment incentives take the form of income tax and
custom-duties exemptions, which are granted to both Jordanian and
foreign investors.
¶23. The country is divided into three development areas: Zones A, B,
and C. Investments in Zone C, the least developed areas of Jordan,
receive the highest level of exemptions. All agricultural, maritime
transport and railway investments are classified as Zone C,
irrespective of location. Hotel and tourism-related projects set up
along the Dead Sea coastal area, leisure and recreational compounds,
and convention and exhibition centers receive Zone A designations.
Qualifying Industrial Zones (QIZs) are zoned according to their
geographical location, unless they apply for an exemption. The
three-zone classification scheme does not apply to nature reserves
and environmental protection areas, which are granted special
consideration.
¶24. Specifically, the Investment Promotion Law allows for:
-- Exemptions from income and social services taxes of up to ten
years for projects approved by the Investment Promotion Committee
(which includes senior officials from the Ministry of Industry and
Trade, Income Tax Department, Customs Department, the private
sector, and the Director General of the Jordan Investment Board), in
accordance with the designated zone scheme:
-- 25 percent tax exemption for Zone A
-- 50 percent tax exemption for Zone B
-- 75 percent tax exemption for Zone C
¶25. An additional year of these tax exemptions is granted to
projects each time they undergo expansion, modernization, or
development resulting in a 25 percent increase in their production
capacity for a maximum of four years.
-- Capital goods are exempt from duties and taxes if delivered
within three years from the date of the investment promotion
committee's approval. The committee may extend the three-year
period, if necessary.
-- Imported spare parts related to a specific project are exempt
from duties and taxes, provided that their value does not exceed 15
percent of the value of fixed assets requiring spare parts. They
should be imported within ten years from a project's commencement
date.
-- Capital goods used for expansion and modernization of a project
are exempt from duties and taxes, provided they result in at least a
25 percent increase in production capacity.
-- Hotel and hospital projects receive exemptions from duties and
taxes on furniture and supply purchases, which are required for
modernization and renewal once every seven years.
-- Increases in the value of imported capital goods are exempt from
duties and taxes if the increases result from higher freight charges
or changes in the exchange rate.
--In addition to the Investment Promotion Law, additional exemptions
are granted to investments within industrial estates designated as
Special Industrial Zones.
-- Industrial projects are granted exemptions on income and social
services taxes for a two-year period. Established industrial
facilities that relocate to an industrial estate also receive this
benefit.
-- Industrial projects are granted property tax exemptions
throughout their lifetime.
-- Industrial projects are granted partial or full exemptions from
most municipality and planning fees.
¶26. To promote exports, all exporters are granted the following
incentives:
-- Net profits generated from most export revenues are fully exempt
from income tax. Exceptions include fertilizer, phosphate, and
potash exports, in addition to exports governed by specific trade
protocols and foreign debt repayment schemes. Under the WTO, the
exemption is extended until the end of 2015.
-- Approximately 95 percent of foreign inputs used in the production
of exports are exempt from custom duties and all additional import
fees on a drawback basis.
RIGHT TO PRIVATE OWNERSHIP AND ESTABLISHMENT
--------------------------------------------
¶27. In general, the laws on investment and property ownership permit
domestic and foreign entities to establish and own businesses and
engage in remunerative activities. However, activities relevant to
military and national security are subject to different provisions
and procedures.
¶28. Foreign companies may open regional and branch offices; branch
offices may carry out full business activities, while regional
offices may serve as liaisons between head offices and Jordanian or
regional clients. The Ministry of Industry and Trade manages the
government's policy on setting up regional and branch offices.
¶29. No foreign firm may import goods without appointing an agent
registered in Jordan; the agent may be a branch office or a wholly
owned subsidiary of the foreign firm, notwithstanding the
limitations on foreign ownership in certain sectors. The agent's
connection to the foreign company must be direct, without a
sub-agent or intermediary. A Commercial Agents and Intermediaries
Law governs the contract between foreign firms and commercial
agents. It clearly delineates the distinction between commercial
agency and distribution contract relationships. Private foreign
entities, whether licensed under sole foreign ownership or as a
joint venture, compete on an equal basis with local companies.
¶30. Foreign nationals and firms are permitted to own or lease
property in Jordan for investment purposes and are allowed one
residence for personal use, provided that their home country permits
reciprocal property ownership rights for Jordanians. Property
intended for investment should be developed within five years from
the date of approval. Depending on the size and location of the
property, the Lands and Surveys Department, its Director General,
the Minister of Finance, or the Cabinet are the authorities that
approve foreign ownership of land and property. Foreign companies
holding a majority share in a Jordanian company, as well as
wholly-owned subsidiaries, automatically obtain national treatment
with respect to ownership of land where the company's business
objectives require (e.g., agriculture), or allow for, ownership of
land or real estate.
PROTECTION OF PROPERTY RIGHTS
-----------------------------
¶31. Interest in property (moveable and real) is recognized, enforced
and recorded through reliable legal processes and registries. The
legal system facilitates and protects the acquisition and
disposition of all property rights.
¶32. Jordan has passed several new laws to comply with the FTA and
meet international commitments in protection of intellectual
property rights (IPR). Laws consistent with "Trade Related Aspects
of Intellectual Property Rights" (TRIPS) now protect trade secrets,
plant varieties, and semiconductor chip designs. The National
Library, part of the Ministry of Culture, registers copyrights.
Patents are registered with the Registrar of Patents and Trademarks
at the Ministry of Industry and Trade. Jordan has signed the Patent
Cooperation Treaty and the protocol relating to the Madrid Agreement
Concerning the Registration of Marks, and amended patent and
trademark laws in 2007 to enable pending ratification of the
agreements. Jordan's domestic pharmaceutical industry generally
abides by the new TRIPS-consistent Patent Law. Jordan acceded to
the World Intellectual Property Organization (WIPO) treaties on
copyrights (WCT) and performances and phonographs (WPPT), and has
been developing updated laws for copyrights, trademark standards,
and customs to meet international standards. Jordanian firms now
seek joint ventures and licensing agreements with multinational
partners.
¶33. Jordan's record on IPR enforcement has improved, but more
effective enforcement mechanisms and legal procedures are still
needed. As a result, the government's record on IPR protection
remains mixed. A sizeable portion of videos and software sold in
the marketplace continues to be pirated. Enforcement action against
audio/video and software piracy is growing in frequency and
improving in its targeting capability, resulting in the first jail
sentence in 2007 for software piracy in Jordan. In 2008, 354
violations of Jordan's current copyright law were referred to the
judiciary, which is similar to 2007 levels. Government committees
are examining means to provide more comprehensive IPR protections,
including more stringent enforcement of existing laws and creation
of an umbrella IPR agency to coordinate government policy and
enforcement efforts.
TRANSPARENCY OF THE REGULATORY SYSTEM
-------------------------------------
¶34. The government is gradually implementing policies to improve
competition and foster transparency. These reforms aim to change an
existing system that can be influenced greatly by family
affiliations and business ties. Although JIB has worked to
streamline the process, red tape and opaque procedures still present
problems for foreign and domestic investors. The arbitrary
application of customs, tax, labor, health, and other laws or
regulations, particularly at the local government level, have
impeded investment.
¶35. Jordan's 2004 Competition Law (similar to the Antitrust Law in
the U.S.) aims to improve the Jordanian economic environment and
attract foreign investment by providing incentives for enterprises
to improve their competitiveness, protect small and medium
enterprises from restrictive anticompetitive practices, and provide
consumers with high quality products at competitive prices. The
Competition Directorate at the Ministry of Industry and Trade
monitors market performance, conducts research, examines complaints,
reports violators to the judicial system, and investigates cases
referred by the courts. The Competition Directorate has settled 195
cases and inquiries since 2003, including fifty in 2008.
¶36. In 2008, the government continued its strategy to promote
e-government. The government has pledged to make its services,
regulations, and procurement procedures more accessible and
transparent via e-government. Implementation to date has been slow,
but programs to register businesses and to view tax records and
pending legislation online are now available. A national call
center to answer government service-related questions also launched
in 2008.
EFFICIENT CAPITAL MARKETS AND PORTFOLIO INVESTMENT
--------------------------------------------- -----
¶37. The three key capital market institutions are the regulator,
Jordan Securities Commission (JSC); the exchange, the Amman Stock
Exchange (ASE); and the custodian for all transaction contracts,
clearings and settlement, the Securities Depository Center (SDC).
The government passed the most recent Securities Law in 2002, which
brought the law more in line with international best practices. The
ASE suffers from intermittent liquidity problems, which have meant
that the bourse remains prone to speculative movements. The ASE's
market capitalization has grown and shrunk rapidly and repeatedly
since 2003. More recently, the worldwide financial crisis and
economic slowdown reduced the market capitalization nearly 40
percent from its record high in June 2008 of $57 billion.
Key Market Indicators (USD)
2007 2008
--------------------------------------------- --------
Market Capitalization $41.2 billion $35.8 billion
Market Capitalization/GDP 289% 220%
Index 3675 points 2758 points
Number of shares traded 4.5 billion 5.4 billion
Trading Volume $17.22 billion $28.6 billion
Number of brokerage firms 65 70
Number of companies on ASE 245 262
Percent of Shares owned by
- Jordanians 52.8% 50.8%
- Non-Jordanian Arabs 35.6% 35.9%
- Other Non-Jordanians 11.6% 13.3%
Source: Amman Stock Exchange
¶38. The CBJ, on behalf of the Ministry of Finance, conducts regular
treasury bill auctions of differing maturities. A tap series of
one-year treasury bills is held monthly and a tap series of three-
and five-year treasury bonds is held bimonthly. The government
issues development bonds, equivalent to treasury bonds, as
necessary. All government securities are listed on the ASE, and
ownership is registered at CBJ in a book entry format. Treasury
bonds valued at $1.6 billion and treasury bills valued at $2.1
billion were issued in the first 11 months of 2008. The CBJ has
introduced a primary dealer plan designed to increase liquidity in
the secondary market. A Public Debt Law allows for an increase in
the volume of bond and bill issuance by the treasury. Commercial
banks hold securities for their clients in a sub-account format.
Foreign investors are welcome to participate in auctions and to
purchase government securities through banks.
¶39. The corporate bond market remains underdeveloped, and continues
to be overshadowed by traditional direct lending. One reason is the
absence of proper mechanisms for corporate lending. Increasingly,
however, some banks have started introducing new products and
corporate bond issues. New corporate bond issues for the first 11
months of 2008 totaled $179 million, compared to $238 million in
¶2007.
¶40. Jordanian banks, due to strict regulations on lending,
particularly mortgage lending, were reasonably well-insulated
against the 2008 sub-prime mortgage crisis. Nevertheless, worldwide
declines in market capitalization impacted Jordan's two largest
banks: the Arab Bank and the Housing Bank with total market
capitalization in November 2008 of $10.4 billion and $3.2 billion,
respectively. The difference between their values owes to the vast
difference in their scope of operations; the Arab Bank has a
worldwide presence, while the Housing Bank's prime focus is the
local market. Jordan no longer distinguishes between "investment
banks" and "commercial banks" and CBJ has been encouraging bank
mergers. Jordan has 23 banks in total, including commercial banks,
Islamic banks, and foreign bank branches.
¶41. Banks offer loans, discounted bills, and overdraft facilities.
In addition to long-term instruments, securitization, short-selling,
and treasury stocks are being introduced in some banks. The CBJ
permits banks to extend loans and credit facilities in foreign
currency but only for exporting purposes. In such cases, it
requires debt repayment to be in the denominated foreign currency.
A number of banks have established mutual funds.
¶42. A banking law, which aims at improving the industry's
efficiency, came into force in 2000. The law protects depositors'
interests, diminishes money market risk, guards against the
concentration of lending, and includes articles on electronic
banking practices and money laundering. In addition, the CBJ set up
a separate and independent Deposit Insurance Corporation (DIC) in
late 2000 that insures deposits of up to JD 10,000 (US $14,000). In
2008, in response to the global financial crisis, the Prime Minister
pledged that the government will guarantee all bank deposits in
Jordan - to unlimited amounts - until the end of 2009. DIC also
acts as the liquidator of banks as directed by the CBJ. The CBJ
established a credit bureau for bounced checks in 2001. The bureau
requires banks to report the names of account holders with bounced
checks. Following a third report of a bounced check, the CBJ
circulates the names of the account holders to all banks with
instructions to withhold checkbooks and any other facilities for a
period of time.
¶43. The CBJ issued a number of circulars in 2003-2005 to implement
money-laundering regulations that are consistent with the
recommendations of the Organization of Economic Cooperation and
Development's (OECD) Financial Action Task Force. Jordan's
parliament passed an anti-money laundering bill that became law in
July 2007. The law criminalizes money laundering, and specifies
that any money or proceeds gained from any felony offense or crimes
stated in international agreements to which Jordan is a party are
subject to the provisions of the law. The law is also the legal
basis for the creation of the Anti-Money Laundering Unit, Jordan's
Financial Intelligence Unit. Jordan has no record of major money
laundering incidents.
¶44. There are a number of internationally recognized accounting and
auditing firms in Jordan. The government's accounting and auditing
regulations are consistent with international standards and are
internationally recognized.
POLITICAL VIOLENCE
------------------
¶45. Some incidents of political violence and terrorist activities
have occurred in Jordan, including the shooting and wounding of six
people in downtown Amman in July 2008, the stabbing of a tourist in
downtown Amman in March 2008, the shooting to death of a tourist in
downtown Amman in September 2006, the November 2005 hotel bombings
in Amman, and the August 2005 rocket attack on a U.S. Navy ship in
Aqaba. The hotel bombings targeted foreign business interests
specific to the hotel industry. Other industries with foreign
business interests have remained unaffected by political violence.
While Jordan enjoys political stability, events in the region,
particularly in the West Bank and Gaza or Iraq, can trigger
demonstrations of anti-U.S. hostility. The assassination of
American diplomat Larry Foley outside his west Amman residence on
October 28, 2002, was attributed to former Al Qaida in Iraq leader
Abu Mus'ab Al-Zarqawi, who was killed in Iraq in June 2006.
¶46. The Government of Jordan is proactive in maintaining public
security, containing demonstrations and preventing terrorist
attacks, and has increased its efforts since the November 2005 hotel
bombings. The potential for politically motivated violence,
however, remains. Visitors should consult current State Department
public announcements.
CORRUPTION
----------
¶47. Corruption is a crime in Jordan. In September 2006, parliament
approved a financial disclosure law requiring public office holders
and specified government officials to declare their assets.
Parliament also enacted an Anti-Corruption Law in 2006 that created
a commission, reporting to the Prime Minister, to investigate
allegations of corruption. The commission has yet to prosecute a
case to completion. Some domestic NGOs and some international
corruption watchdog groups have criticized Jordan's and the
commission's ineffectiveness. Jordan's law defines corruption as
any act that violates official duties and all acts related to
favoritism and nepotism that could deprive others from their
legitimate rights, as well as economic crimes and misuse of power.
The General Intelligence Directorate (GID) also has a separate
anti-corruption department that is responsible for combating
bribery, extortion, and other similar crimes.
¶48. Influence peddling and a lack of transparency have, however,
been alleged in government procurement and dispute settlement.
"Wasta," the use of family, business, and other personal connections
to advance personal business interests, at the expense of others, is
endemic and seen by many Jordanians as simply part of the culture
and a part of doing business.
BILATERAL TRADE/INVESTMENT AGREEMENTS
-------------------------------------
¶49. In 1996, the U.S. Congress established the "Qualifying
Industrial Zone" (QIZ) initiative to support the Middle East peace
process. Under this agreement, goods produced in the thirteen
designated QIZs in Jordan can be imported into the United States
tariff and quota free if 35 percent of the product's content comes
from the QIZ, Israel, and the West Bank/Gaza. Of that 35 percent, a
minimum 11.7 percent must be added in the QIZ, eight percent in
Israel, and 15.3 percent in a Jordanian QIZ, Israel, or the West
Bank/Gaza. This makes investment in a QIZ particularly attractive
to industries whose products are assessed with high tariffs when
they are imported into the U.S. The QIZs have attracted over $987
million in capital investments, generated over $5.6 billion in
exports to the U.S., and currently employ about 45,000 workers,
one-quarter of whom are Jordanian. The bulk of QIZ exports
continues to be garments.
¶50. The U.S.-Jordan FTA, which entered into force in 2001, does not
supersede or eliminate the QIZ initiative. Whereas the QIZ
agreement grants immediate duty- and quota-free access to the U.S.
for goods produced in the QIZs that meet certain rules of origin,
the FTA mandates a gradual phasing out of import duties and other
trade barriers by January 2010. FTA rules of origin require 35
percent Jordanian content. The agreement incorporates labor,
environment, and intellectual property rights provisions.
¶51. A Bilateral Investment Treaty between Jordan and the United
States entered into force in 2003. The agreement provides
reciprocal protection of Jordanian and U.S. individual and corporate
investments.
¶52. While the U.S. remains Jordan's top trading partner, Jordan
maintains an active trade relationship with neighboring countries,
and has been actively pursuing enhanced trade arrangements globally.
Jordan is a member of the Greater Arab Free Trade Area (GAFTA),
which has been in force since 1998. The GAFTA reached full trade
liberalization of goods in 2005 through full exemption of customs
duties and charges for all 17 Arab members, with the exception of
gradual reductions for Sudan and Yemen which are expected to benefit
from full exemption by the end of 2010. Jordan has also signed
several trade preference agreements and bilateral free trade
agreements with Arab countries, including Egypt, Syria, Morocco,
Tunisia, the UAE, Algeria, Lebanon, the Palestinian Authority,
Kuwait, Sudan, and Bahrain. The bilateral agreements are generally
applied in parallel to the GAFTA, with the GAFTA often providing
more trade preferences than most of the bilateral trade agreements
(see www.mit.gov.jo for more information).
¶53. An economic association agreement between Jordan and the
European Union (EU) entered into force in 2002 to establish free
trade over a twelve-year period. This agreement calls for the free
movement of capital, as well as cooperation on development and
political issues. Jordan also signed a Free Trade Area Agreement in
2001 with the European Free Trade Association (EFTA) states
(Iceland, Liechtenstein, Norway and Switzerland), which aims for
complete trade liberalization by 2014.
¶54. In 2004, Jordan signed a Free Trade Agreement with Singapore.
In addition to enhancing bilateral trade ties, the agreement aimed
to create new export opportunities for Jordanian products worldwide
through the possibility of diagonal accumulation of origin with
countries that have concluded free trade agreements with both Jordan
and Singapore. In the same year, Jordan completed the Agadir trade
agreement with Egypt, Morocco, and Tunisia, and upgraded its trade
agreement with Israel to take advantage of accumulation of content
provisions in the EU's Pan-Euro-Mediterranean trade rules of origin.
In 2008, Jordan concluded negotiations for a Free Trade Agreement
with Canada and when it comes into effect it will eliminate all
non-agricultural tariffs and most agricultural tariffs. A similar
agreement with Turkey is still under negotiation.
OPIC AND OTHER INVESTMENT INSURANCE PROGRAMS
--------------------------------------------
¶55. Investments in Jordan are eligible for Overseas Private
Investment Corporation (OPIC) insurance and private financing. All
eligible projects require a minimum of 25 percent U.S. equity. In
2008, OPIC made significant investments in Jordanian private equity
ventures and in mortgage financing.
¶56. Jordan is a member of the Multilateral Investment Guarantee
Agency (MIGA), a World Bank agency, which guarantees investment
against non-commercial risks such as civil war, nationalization,
policy changes, etc. The program covers investments in Jordan
irrespective of the investor's nationality, in addition to covering
Jordanian investments abroad.
¶57. Several European countries have official debt-for-equity swap
programs that are open to investors of all nationalities.
LABOR
-----
¶58. The rate of population growth (births minus deaths and factoring
in migration) is about 2.5 percent a year, based on the most recent
census in 2004. The 2008 population is estimated by the Department
of Statistics at 5.8 million. 50 percent of the population is under
the age of 20. In general, the labor force is well educated.
Literacy rates approach 95.7 percent for men and 88.4 percent for
women. Jordan has a labor force of about 1.8 million. In the third
quarter of 2008, the Department of Statistics reported that
unemployment had fallen to 12 percent, the lowest level in eight
years.
¶59. Of the 1.8 million, there are an estimated 230,000 registered
foreign workers, a number which has fallen since 2007. Unofficial
indicators suggest that tens of thousands of foreign workers remain
unregistered. With the exception of the approximately 33,700 that
work in the QIZs as textile workers, most foreign workers work in
unskilled sectors, such as construction, agriculture, and domestic
service. The Ministry of Labor regulates foreign worker licensing,
licensing fees, prohibited sectors, and employer liability. Among
its responsibilities, the ministry approves the hiring of
professional foreign workers by private businesses. Non-citizens
are not permitted by the current law to join unions, though the
Ministry of Industry and Trade maintains that such workers enjoy any
benefits and protections that unions obtain. In 2008, amendments
were drafted to allow full union membership for foreign workers but
they did not pass parliament. The union and the Ministry of Labor
have begun drafting a new amendment that would allow for membership.
The textile union provides medical and legal services to foreign
workers in textile factories, in addition to serving Jordanians.
The union said it resolved 2,968 individual worker-related
complaints from foreign workers in 2007.
¶60. Labor unions serve primarily as intermediaries between workers
and the Ministry of Labor, and may engage in collective bargaining
on behalf of workers. Currently, there are 17 recognized unions in
Jordan, all members of the General Federation of Jordanian Trade
Unions. Estimates put union membership at 10 percent of the labor
force. In addition to the 17 unions, there are forty professional
associations active in Jordan, many of which have mandatory
membership. While these associations occasionally take on
characteristics of traditional unions, they more closely resemble
political bodies. According to official figures, about 30 percent
of the total labor force, including government workers, belongs to
either a union or a professional association.
¶61. Article 28 of the Labor Law specifies the conditions under which
an employer can discharge a worker without notice. Article 31
allows employers to lay off employees if economic or technical
circumstances necessitate reorganization. The law does not require
employers to include retirement plans in their employment package.
However, if the employer agreed to provide retirement benefits when
the worker was contracted, the employer must fulfill his/her
commitment. The Social Security Law stipulates that if the employer
has more than five employees, they must be enrolled in the national
social security system. The Labor Law also addresses worker
compensation and outlines compensatory categories for work-related
injuries. Article 67 provides unpaid maternity leave for a maximum
of one year for mothers working in firms employing 10 or more
workers, and Article 70 requires full pay for 10 weeks of maternity
leave. Article 71 provides for one hour per day of nursing leave
within a year of the date of delivery. The law provides for 14
calendar days of annual leave for employees during the first five
years with the employer, and 21 calendar days after five years of
successive service. Article 65 entitles workers to 14 days of sick
leave with full pay per year, which may be renewed for another 14
days at half pay if the worker is hospitalized. With two exceptions
(the exclusion of foreigners from unions and the prohibition against
forming new unions outside of the General Federation of Jordanian
Trade Unions), the current law places Jordan in compliance with
international and Arab labor agreements.
¶62. Since 2006, the Government of Jordan has been reforming its
labor inspection system and in 2008 amended its labor law to expand
coverage to domestic and agricultural workers, formalize a
tripartite Labor Affairs Committee, increase fines for violations of
the labor law, and include sexual harassment provisions. Ministry
of Labor (MoL) inspections have identified problems at some QIZ
factories regarding delayed payment of wages, length of overtime and
physical abuse of workers. In 2008, the Better Work Jordan program
was launched as a five-year joint project between the Ministry of
Labor, the International Labor Organization (ILO) and the
International Finance Corporation to improve labor conditions and
standards and raise compliance levels through public reporting and
technical assistance. Under MoL's more rigorous inspection regime,
which included the hiring and training of additional inspectors in
2008, allegations of forced labor continue to decrease.
FOREIGN TRADE ZONES/FREE TRADE ZONES
------------------------------------
¶63. As part of Jordan's efforts to foster economic development and
enhance the investment climate, the government has created
geographically demarcated, policy-favored commercial zones,
including industrial estates, free zones, and special economic
zones. The goal is to encourage "clustering" among related firms
within an industry and linkages to other industries. Some of these
zones overlap or have multiple designations.
¶64. The semi-governmental Jordan Industrial Estates Corporation
(JIEC) currently owns five public industrial estates in Irbid,
Karak, Aqaba, Amman, and Ma'an. There are also several
privately-run industrial parks in Jordan, including al-Mushatta,
al-Tajamouat, al-Dulayl, Cyber City, al-Qastal, Jordan Gateway, and
al-Hallabat. These estates provide basic infrastructure networks
for a wide variety of manufacturing activities, reducing the cost of
utilities and providing cost-effective land and factory buildings.
Investors in the estates also receive various exemptions, including
a two-year exemption on income and social services taxes, total
exemptions from building and land taxes, and exemptions or
reductions on most municipalities' fees.
¶65. Jordan also has public "free zones" in Zarka, Sahab, Karak,
Karama, and Queen Alia Airport that are run by the publicly-owned
Free Zone Corporation (FZC). Over 30 private free zones have also
been designated, which are administered by private companies under
the supervision of the FZC. Considered outside the Jordan Customs
jurisdiction, the free zones provide a duty- and tax-free
environment designed for the storage of goods transiting Jordan.
¶66. Both Jordanian and foreign investors are permitted to invest
with few restrictions in trade, services, and industrial projects in
free zones. Industrial projects must fulfill one of the following
conditions:
-- New industries which depend on advanced technology;
-- Industries requiring locally available raw material and/or
locally manufactured parts;
-- Industries that complement domestic industries;
-- Industries that enhance labor skills and promote technical
know-how;
-- Industries providing consumer goods and that contribute to
reducing market dependency on imported goods.
¶67. The following incentives are granted to investors in the
designated free zones:
-- Profits are exempt from income and social services taxes for a
period of twelve years, with the exception of profits generated from
storage services that involve goods released to the domestic market.
-- Salaries and allowances payable to non-Jordanian employees are
exempt from income and social services taxes.
-- Goods imported to and/or exported from free zones are exempt from
import taxes and customs duties, with the exception of goods
released to the domestic market.
-- Industrial goods manufactured in free zones enjoy partial customs
duties exemption once released to the domestic market, depending on
the proportion of the value of local inputs and locally incurred
production costs.
-- Construction projects are exempt from licensing fees and urban
property taxes.
-- Free transfer of capital invested in free zones, including
profits.
¶68. Jordan has established four Special Economic Zones in Aqaba,
Mafraq, Irbid, and Ma'an which all aim to alleviate poverty and
create jobs in impoverished areas of Jordan through development of
industrial centers supported by logistics, transport, utilities, and
information technology services. The first and most successful of
these zones -- Aqaba -- was established in 2001 when the government
converted the Aqaba port and surrounding area into the Aqaba Special
Economic Zone (ASEZ) with streamlined bureaucracy, special tax
exemptions, a flat five percent income tax, and facilitated customs
handling. ASEZ has attracted projects valued at over $8 billion in
recent years, mainly in hotel and property development. In 2006,
Jordan created the King Hussein Bin Talal Economic Zone in the city
of Mafraq. The Irbid Economic Zone was launched in 2007 as a
healthcare, education, and information technology free zone in the
north based on its proximity to Jordan University for Science and
Technology (JUST). Also in 2007, King Abdullah launched the fourth
Economic Development Zone in Ma'an, a governorate 210 kilometers
south of the capital, which will include infrastructure projects
estimated at U.S. $200 million.
FOREIGN DIRECT INVESTMENT STATISTICS
------------------------------------
¶69. Jordan does not maintain official detailed statistics of FDI.
Aggregate inflows tracked by the Central Bank give an indication of
the overall volume, while registered capital and projects that
benefit from the Investment Promotion Law give an indication of the
break down of FDI by source and market segment.
¶70. Foreign Direct Investment Inflows (USD Million)
Period Full Year 1-3Q
------- ----------- ---------
2008 not yet available 1,775
2007 1,952 1,341
2006 3,271 2,842
2005 1,776 1,356
Source: Central Bank of Jordan, Balance of Payments
¶71. The Jordan Investment Board approved foreign investment projects
worth about $1.2 billion, $1.48 billion and $790 million for the
years 2006, 2007, and 2008 respectively.
¶72. New Projects under the Investment Promotion Law by Geographical
Area (in USD Million)
2008 2007 2006
--------------------------------------
Jordan 1,938 1,652 1,393
Arab 434 764 1,091
U.S. and Canada 5 126 30
Europe 345 56 13
Other 6 534 58
Total 2,728 3,132 2,585
Source: Jordan Investment Board
¶73. New Registered Capital by Industry (in USD Million)
Industry 2008 2007 2006 2005
--------------------------------------------- -------
Manufacturing 246 44 144 81
Percent Foreign 28% 62% 35% 43%
Trade 150 124 109 129
Percent Foreign 38% 35% 47% 36%
Agriculture 130 27 110 9
Percent Foreign 18% 60% 49% 67%
Construction 81 167 24 35
Percent Foreign 4% 2% 23% 19%
Services 221 184 291 822
Percent Foreign 17% 30% 34% 43%
Total 828 545 678 1,075
Percent Foreign 23% 33% 39% 42%
Source: Companies Controller Directorate at the Ministry of Industry
and Trade
¶74. Registered Capital Stock at Year-End by Country (in USD
Million)
Country 2008 2007 2006
---------------------------------------------
Iraq 739 687 580
Belgium 670 670 670
Kuwait 629 615 574
United Arab Emirates 470 410 367
Saudi Arabia 313 306 285
Bahrain 265 265 197
Egypt 228 212 196
Great Britain 161 161 157
Syria 102 92 82
Lebanon 100 94 87
United States 100 92 86
Netherlands 89 89 89
Libya 65 63 63
Switzerland 56 55 55
India 44 42 42
Palestinian Authority 39 35 32
China 37 32 28
Source: Companies Controller Directorate at the Ministry of Industry
and Trade
BEECROFT