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Viewing cable 10BRATISLAVA18, SLOVAKIA: 2010 INVESTMENT CLIMATE STATEMENT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
10BRATISLAVA18 | 2010-01-15 16:23 | 2011-08-30 01:44 | UNCLASSIFIED | Embassy Bratislava |
VZCZCXRO9676
PP RUEHSL
DE RUEHSL #0018/01 0151623
ZNR UUUUU ZZH
P R 151623Z JAN 10
FM AMEMBASSY BRATISLAVA
TO RUEHC/SECSTATE WASHDC PRIORITY 0344
RUCPDOC/USDOC WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCPCIM/CIMS NTDB WASHDC
INFO RUEHSL/AMEMBASSY BRATISLAVA 0403
UNCLAS SECTION 01 OF 10 BRATISLAVA 000018
SIPDIS
STATE FOR EB/IFD/OIA
E.O. 12958: N/A
TAGS: EINV EFIN ETRD ELAB KTDB PGOV USTR OPIC LO
SUBJECT: SLOVAKIA: 2010 INVESTMENT CLIMATE STATEMENT
REF: 09 STATE 124006
¶1. Following is Embassy Bratislava's submission for the 2010
Investment Climate Statement, in response to tasking reftel:
2010 INVESTMENT CLIMATE STATEMENT
OVERVIEW
Following 6.4 percent GDP growth in 2008, Slovakia's economy has
not been spared by the global recession and is expected to drop
5.7 percent (est.) in 2009. The current account deficit,
including the cost of the second pension pillar, reached 5.0% in
¶2008. The general government deficit for 2009 is forecast at
5.4%, and government debt was 27.6% of GDP in 2008, in
comparison with 29.4% of GDP in 2007; debt is expected to rise
to over 40% of GDP by 2012. Comprehensive structural reforms
adopted by the Slovak government in the first several years of
this decade led the World Bank to name the country the world's
top reformer in improving the investment climate in its "Doing
Business in 2005" report. Slovakia's relatively low-cost yet
skilled labor force, low taxes, liberal labor code and favorable
geographic location have helped it become one of Europe's
favorite investment markets. The Financial Times described
Slovakia as the "Detroit of the East," and Forbes magazine
called it the world's next Hong Kong or Ireland. The election of
the left-leaning Smer (or Direction) party in 2006 has slowed
reform momentum and led to some less business-friendly changes
in labor, pension, and social insurance legislation. The
Business Alliance of Slovakia, for instance, has reported a
continuous downward trend in the quality of the business
environment since 2006, citing a slow and ineffective legal
system, non-transparent and unequal treatment in the legal
system, increasing bureaucratic burden on companies and an
ineffective political system. The government's commitment to
adopting the euro in 2009, however, tempered proposals to
overhaul the previous reforms and contributed to stable
macroeconomic policies. Slovakia joined the European Monetary
Union on January 1, 2009.
Slovakia is a member of the European Union (EU), the North
Atlantic Treaty Organization (NATO), and the Organization for
Economic Cooperation and Development (OECD), and it holds
investment grade ratings from all three major rating agencies.
The Wall Street Journal and Heritage Foundation's 2009 Index of
Economic Freedom ranked Slovakia 36 of the 179 countries
examined, a slight drop from the previous year, and 20th out of
43 countries in the European region. In the Global
Competitiveness Report 2008-9, compiled by the World Economic
Forum, Slovakia places 47 of 133 on the global competitiveness
index, a one-place drop from the previous year. The F.A. Hayek
Foundation, in a ranking developed with the Swiss Institute for
Management Development (IMD), reported a fall of three positions
to 33 in 2009 in a ranking of 55 countries evaluated according
to the competitiveness of their economies.
In 2008, the cumulative FDI inflow to Slovakia increased to EUR
26.8 billion since 1998 with the inflow of FDI falling to
approximately EUR 952 million in 2008 and EUR 65.2 million in
1Q2009 (National Bank of Slovakia est.). The largest foreign
investments in 2008 were Czech Republic, Cyprus, Poland,
Austria, France, South Korea, Germany and Italy.
A 2008 survey by the U.S. Embassy showed U.S. investments in
Slovakia at approximately USD 4 billion for current and future
commitments, which would make the U.S. roughly the third largest
source of FDI. Official Government of Slovakia (GOS) statistics
differ because some U.S. investments are credited to third
countries, depending on corporate structure.
OPENNESS TO FOREIGN INVESTMENT
In the late 1990s, Slovakia had only one-sixth as much
cumulative foreign direct investment (FDI) per capita as Hungary
or the Czech Republic. Today, the flow of FDI per capita is
comparable to that in neighboring countries. Based on the
United Nations Conference on Trade and Development's (UNCTAD)
World Investment Report 2009, by the end of the 2008 Slovakia's
foreign direct investment flow reached USD 3.414 billion, in
comparison with Poland (USD 16.533 billion), Czech republic (USD
10.731 billion) and Hungary (USD 6.514 million).
Ernst & Young's "European Attractiveness Survey 2009" ranked
Slovakia as 12th in Europe in terms of job creation (a drop from
the 8th position last year), with 3,660 jobs created by foreign
investors in 2008, which represents a 57 percent decrease in
comparison with the previous year. Slovakia experienced a sharp
decline in FDI projects, mainly in the automotive and
BRATISLAVA 00000018 002 OF 010
electrochemical industries, and did not get into the top 15
European countries based on number of FDI projects in 2008,
according to the survey.
The biggest 2009 contracts included Kia's expansion in Zilina,
extending its automotive production capacity and investing into
a new motor manufacturing line worth EUR 400 million. New
investment plans had already been announced in 2008 and will
increase Kia Slovakia's production capacity to 300,000 new cars
per year. Kia also added another product line, the Hyundai IX35
SUV, to its current two product lines of Kia Cee'd and Kia
Sportage.
Another major foreign investment decision was the expansion of
Volkswagen's manufacturing plant in Bratislava with the new Up!
subcompact line, increasing its total investment by additional
EUR 308 million. Volkswagen received state aid totaling EUR 14
million in the form of a tax holiday. The new manufacturing line
will create 1,500 new jobs and will increase the total
production capacity of the VW plant in Slovakia to 400,000 cars
per year. Volkswagen Slovakia decreased the number of produced
cars to 188,000 cars in 2008 from 250,000 cars produced in 2007,
due to the global recession's heavy impact on the luxury segment
of the automotive market.
In December 2009, a EUR 191.3 million new investment from
Taiwan-based LCD panel screen producer AU Optronics Corporation
was announced, creating approximately 1,300 direct and 2,000
indirect jobs and receiving state aid of EUR 38.2 million in
cash subsidies and tax relief.
US Molex and ON Semiconductor decided to leave Slovakia in 2009
as a result of global restructuring. Due to the recession, Sony
postponed its plans to expand its LCD TV factory in Nitra (an
investment reported to be worth EUR 240 million).
As of January 2008, the GOS enacted a new Act on Investment
Assistance, which provides varying levels of aid to domestic and
foreign investors for the period 2007-2013, depending on a
number of factors including level of unemployment in the
proposed region of investment, business sector, size of
investment, and the type of employment that will be provided.
Assistance levels range from 10 percent to 50 percent of
eligible costs. The rules also lay out what types of aid are
available, the responsibilities and decision making processes of
the state institutions, and the maximum amount of aid available
to an individual investment. In general, the new rules were
structured to encourage investments into less-developed regions
with high unemployment, into more sophisticated production, and
into research and development. There are four priority areas
identified in the new rules: industrial production, technology
centers, centers of strategic services, and tourism.
The 2008 rules provide structure and transparency to a process
that has been much more ad hoc and opaque, but the
interpretation of new rules continues to be unclear and is a
source for potential non-transparency. The legislation, which
was prepared by the Ministry of Economy, brings Slovak law into
compliance with the new and stricter European Commission (EC)
guidelines and its new "aid map" for 2007-2013. The EC has
approved a regional aid map for each member state that
identifies the regions and sectors eligible for aid and the
maximum aid amounts allowed. Under the new legislation, the
Slovak government does not have to seek EC approval for each
individual investment project up to roughly USD 4.4 million,
which should dramatically speed up the application process.
The major changes in Slovakia include a reduction in the ceiling
of support that can be issued in western Slovakia and the
districts of the city of Bratislava. Several forms of state aid
are available: discounted prices for land, financial subsidies
for acquiring tangible and intangible assets related to the
investment, tax credits, and grants for the creation of new
jobs. For the first time domestic investors have become eligible
to apply for state aid as well. A provisional amendment to the
Act on Investment Assistance, valid from April 2009 to December
2010, re-defines some conditions for granting state aid (mostly
decreasing direct cash subsidies for machinery and land and
extending job creation subsidies to regions with lower than
average unemployment).
Regional governments can also provide support to companies in
various forms, including infrastructure and training. In
addition, Slovakia currently offers one of the most advantageous
tax environments for corporations among all OECD and EU states.
In 2004, the country imposed a flat income tax rate of 19
percent, both for corporations and individuals, and eliminated
virtually all exemptions and deductions. In addition, the GOS
eliminated withholding taxes on dividends, thus permitting
BRATISLAVA 00000018 003 OF 010
foreign firms to pay parent companies without being taxed.
Slovakia approved state aid totaling 66.3 million EUR for 6 new
investment projects (4 foreign companies and 2 domestic
companies) between July and December 2009, according to the
government Report on the Status and Successes of Foreign Direct
Investments in Slovakia. The new projects are expected to create
2,718 new jobs in regions of Nitra, Trencin, Kosice and Presov,
and the total investment value should reach EUR 336 million by
¶2013. The most-used forms of state aid were direct subsidies for
building infrastructure (58%), tax relief (39%) and cash
subsidies for new jobs created (2 %).
The Slovak government investment agency SARIO reported foreign
direct investment deals worth EUR 538 million in 2008, less than
half the EUR 1.28 billion worth of FDI contracts signed in 2007.
SARIO said the 34 investment deals arranged in 2008 would create
4,624 new jobs.
The Industrial Park Law (193/2001 Z.z.) helps municipalities
develop special industrial zones through funding assistance from
the Slovak government. The Slovak government can fund up to 85
percent of the overall cost related to the purchase of land and
development of infrastructure in an industrial park. In regions
with an unemployment rate exceeding 10 percent, state
co-financing could cover as much as 95 percent of all eligible
costs (in practical terms, this exemption applies to virtually
all regions of Slovakia except the westernmost). The Slovak
Investment and Trade Development Agency (SARIO) currently has
registered 39 industrial parks that are capable of housing
investors within a short period of time. The SARIO website
(www.sario.sk) offers more detailed information.
The government in Slovakia halted all large-scale privatization
plans with the election of the current government in 2006, and a
number of re-nationalizations of infrastructure have also been
announced in the last year. The current law on strategic
privatization, which was enacted by the previous government,
permits complete privatization of most businesses and allows for
49 percent foreign ownership (with management control) of the
natural gas distributor, the electric power producer,
electricity distributors, and an oil pipeline. All of these
privatizations have been completed. The state must still retain
ownership of railroad right of ways, postal services, water
supplies (but not suppliers) and forestry companies. However,
the government of Prime Minister Robert Fico, which came to
power in mid 2006, is very reluctant to proceed with further
sales of state assets. It cancelled a privatization tender for
the rail cargo company, reversed the privatization process for
the Bratislava airport, stopped privatizations of regional
heating companies, imposed a ban on further privatization of
designated "strategic" companies, and bought back the privatized
share of the oil pipeline operation. Conversion and Transfer
Policies
Slovakia entered the European Monetary Union and adopted the
euro as its currency as of January 1, 2009, with the conversion
rate set at 30.126 Slovak crowns (SKK) to 1 euro. It was
possible to exchange Slovak crowns for euros through 2009.
Foreign exchange operations are governed by the Foreign Exchange
Act (312/2004 Z.z.), and one can easily convert or transfer
funds associated with an investment. As a member of the OECD,
Slovakia meets all international standards for conversion and
transfer policy. In 2003, an amendment to the Foreign Exchange
Act liberalized operations with financial derivatives and
abolished the limit on the export and import of banknotes and
coins (domestic and foreign currency). Since January 2004, an
amendment to the Foreign Exchange Act authorized Slovak
residents to open accounts abroad and eliminated the obligation
to transfer financial assets acquired abroad into Slovakia.
Non-residents may hold foreign exchange accounts. No permission
is needed to issue foreign securities in Slovakia, and Slovaks
are free to trade, buy and sell foreign securities. There are
very few controls on capital transactions, except for rules
governing commercial banking and credit institutions, which must
abide by existing banking laws.
EXPROPRIATION AND COMPENSATION
In 2004, Slovakia witnessed one expropriation case, widely
considered an anomaly. The GOS began an expropriation process
for land from local farmers to use for the site of Hyundai/Kia's
car plant - the country's largest foreign greenfield investment
ever. An independent panel established the market value of the
land and the GOS paid this amount; some landowners appealed. The
constitution, as well as the commercial and civil codes, permits
expropriation only in exceptional cases of public interest, and
compensation must be provided. The law also provides for an
appeal process. In December 2007, the GOS approved a new
expropriation or eminent domain law that allows the state to
BRATISLAVA 00000018 004 OF 010
construct highways on private property without prior consent of
the landowner if the construction parcel is considered
"strategic" for Slovak interests. Owners would be compensated by
the state after the fact. The legislation is aimed at speeding
up highway construction projects to finish the connection
between Bratislava and Kosice, and it has been challenged by
several civil society groups. Members of Parliament filed a
complaint against this law in the Constitutional Court in 2008,
but no decision has yet been handed down; in the meantime, the
law remains in force.
DISPUTE SETTLEMENT
On December 29, 2004, the International Center for Settlement of
Investment Disputes (ICSID) ruled in favor of the Czech bank
Ceskoslovenska Obchodna Banka (CSOB) in its claim against
Slovakia and ordered the GOS to pay the bank SKK 24.7 billion
(USD 800 million). CSOB's claim dated back to 1993, when it
provided a loan to a special state agency set up to assume
CSOB's bad debts as part of a division of assets between
Slovakia and the Czech Republic as the successor states of the
former Czechoslovakia.
A law passed in October 2007, with effect in 2008, banned health
insurance companies from paying dividends to their shareholders
and severely limited allowable overhead costs. In response, one
of the shareholders of the health insurance company Dovera,
Health Insurance Companies of Eastern Europe, and Eureko, BV, a
shareholder of Union zdravotna poistovna, have filed for
international arbitration in the amount of nearly EUR 500
million.
There have been no other major investment disputes in Slovakia
in recent years. Slovakia is a contracting state of the ICSID,
the World Bank's Commercial Arbitration Tribunal (established
under the 1966 Washington Convention), and is a member of the
1958 New York Convention on the Recognition and Enforcement of
Foreign Arbitrage Awards.
The Slovak judicial system is comprised of general courts and
the Constitutional Court. General courts decide in civil and
criminal matters and also review the lawfulness of decisions by
administrative bodies. District courts (54) are the first
instance courts, and regional courts (8) hear cases as appeals
courts. The Supreme Court of the Slovak Republic is the final
review court. A special court for corruption, organized crime
and crimes of highest public officials was created in 2005,
though it was abolished by a judgment of the Constitutional
Court in 2009 and replaced with another, similar court that has
a somewhat more limited scope. Judges of general courts are
nominated by the Judicial Council of the Slovak Republic and are
appointed for life by the President. They may only be removed
for cause. The Constitutional Court of the Slovak Republic is an
independent judicial body that decides on the conformity of
legal norms, adjudicates conflicts of authority between
government agencies, hears complaints, including complaints of
individuals regarding their human rights, and interprets the
Constitution or constitutional statutes. Judges of the
Constitutional Court are appointed for 12-year terms by the
President from a list of candidates selected by the parliament.
The legal system generally enforces property and contractual
rights, but decisions may take years, thus limiting the utility
of the courts for dispute resolution. Slovak courts recognize
and enforce foreign judgments, subject to the same delays.
Although generally the commercial code appears to be applied
consistently, the business community considers corruption and
political influence to be significant problems in the legal
system. Slovakia accepts binding international arbitration, and
the Slovak Chamber of Commerce and Industry has a court of
arbitration for alternative dispute resolution; nearly all cases
involve disputes between Slovak and foreign parties. Slovak
domestic companies generally do not make use of arbitration
clauses in contracts.
The current law on bankruptcy and restructuring entered into
effect on January 1, 2006. Its main aim was to shorten the
duration of cases and to increase the volume of revenues
recovered. The law allows companies to undergo court-protected
restructuring and individuals to discharge their debts through
bankruptcy. According to the International Monetary Fund, the
act overhauls ineffective bankruptcy procedures by speeding up
their processing, improving creditor rights, reducing discretion
by bankruptcy judges, and randomizing the allocation of cases to
judges to reduce the potential for corruption. A new law on
trustees entered into effect on July 1, 2005. Its main goal was
to increase requirements for professional skills of trustees.
Trustees must now graduate from accredited institutions or
BRATISLAVA 00000018 005 OF 010
private companies, receive a license from the Ministry of
Justice, and will be subject to continued monitoring by the
ministry and bankruptcy courts. Still, investors have
complained of unpredictable and corrupt bankruptcy and
restructuring decisions, despite the new laws.
Slovakia recognizes secured interests in immovable property,
normally secured by physical possession of, or a conveyed title
to, the property in question until the loan is repaid. There is
a recognized procedure for foreclosures, which specifies how
evictions are handled, debts are repaid and any remaining funds
are returned to the titleholder. Since 2003, Slovakia has one of
the most advanced frameworks in Europe for registering security
interests in moveable property.
PERFORMANCE REQUIREMENTS AND INCENTIVES
Slovakia has no formal performance requirements for
establishing, maintaining, or expanding foreign investments.
However, such requirements may be included as conditions of
specific negotiations for property involved in large-scale
privatization by direct sale or public auction. (See the
"Openness to Foreign Investment" section for details on
incentives). There are no obstacles for foreign entities to
participate in GOS financed and/or subsidized research and
development programs and to receive equal treatment as domestic
entities. There are no domestic ownership requirements for
telecommunications and broadcast licenses.
The current law regarding defense offsets has been in effect
since January 1, 2008. The law outlines the basic principles and
responsibilities of the supplier and the relevant state
institutions (Ministry of Defense, Ministry of Economy,
interdepartmental offset committee) for offset programs in
Slovakia, based on similar legislation in other EU and NATO
countries. The law requires offsets of 20 percent direct or 30
percent for a combination indirect and direct offsets of the
value for defense contracts worth over EUR 6 million. The
offsets can be reduced by a set formula if applied in specific
areas such as technology transfer, R&D, education, IT and direct
investments.
RIGHT TO PRIVATE OWNERSHIP AND ESTABLISHMENT
Foreign and domestic private entities have the right to
establish and own business enterprises and engage in all forms
of remunerative activity in Slovakia. In theory, competitive
equality is the standard by which private enterprises compete
with public entities. In addition, businesses are able to
contract directly with foreign entities. Private enterprises are
free to establish, acquire and dispose of business interests,
but all Slovak obligations of liquidated companies must be paid
before any remaining funds are transferred out of Slovakia.
Non-residents from EU and OECD member countries can acquire real
estate for business premises. For a transitional period of seven
years starting May 1, 2004, foreign legal entities can buy
agricultural and forestry land, as well as land in residential
areas only if they establish a legally registered Slovak
company. Since January 2004, there are no restrictions for
Slovak residents on the purchase, exchange, and sale of real
estate abroad.
PROTECTION OF PROPERTY RIGHTS
Secured interests in property and contractual rights are
recognized and enforced. The mortgage market in Slovakia is
growing, and a reliable system of recording such interests
exists. However, titles to real property are often unclear and
can take significant amounts of time to determine. Legal
decisions may take years, thus limiting the utility of the
system for dispute resolution.
Slovak courts recognize and enforce foreign judgments, subject
to the aforementioned delays, and the commercial code is applied
consistently. A bankruptcy law adopted in 2006 has improved
creditors' rights in bankruptcy cases. The business community
considers corruption to be a significant factor in the court
system and sometimes goes to extraordinary lengths to avoid
litigation in Slovak courts. In spite of the improved property
rights legal regime, Slovak courts have issued a number of
questionable decisions in this area. Once heavily criticized
ruling involved the property rights of citizens whose land was
expropriated in order to build a highway.
Protection of intellectual property rights (IPR) falls under the
jurisdiction of two agencies. The Industrial Property Office is
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responsible for most areas, and the Ministry of Culture is
responsible for copyrights (including software). Slovakia is a
member of the World Trade Organization (WTO), the European
Patent Organization and the World Intellectual Property
Organization (WIPO). The WTO TRIPS agreement is legally in force
in Slovakia, but there have been no cases brought to test actual
enforcement. Slovakia also adheres to other major intellectual
property agreements including the Bern Convention for Protection
of Literary and Artistic Works, the Paris Convention for
Protection of Industrial Property, and numerous other
international agreements on design classification, registration
of goods, appellations of origin, patents, etc. In general,
patents, copyrights, trademarks and service marks, trade
secrets, and semiconductor chip design appear adequately
protected under Slovak law and practice.
In 2006, Slovakia was taken off the Watch List of the U.S. Trade
Representative's annual interagency "Special 301" review in
recognition of the significant progress that the GOS had made
in addressing concerns related to the protection of
pharmaceutical patents in Slovakia. Slovak authorities had
adopted legal and administrative measures to ensure that
patent-infringing drugs are not given market authorization; some
of those measures have since been weakened to accord with
current EU norms. The government also built a new secure
facility to house confidential pharmaceutical test data.
TRANSPARENCY OF REGULATORY SYSTEM
In general, transparency and predictability have been
problematic for many investors. The process of obtaining
residency permits for expatriate managers has been criticized
for years as difficult and time-consuming. Legislation which
came into effect in December 2005 addressed some but not all of
the problematic areas. An amendment to the law governing the
stay of foreigners, effective from January 2007, introduced EU
Directive 562/2006 on "Schengen borders." Investors have long
complained that purchasing land and obtaining building permits
are time-consuming and unpredictable processes, but
improvements, including the web portal www.katasterportal.sk
which enables interested parties to verify information about
land ownership online, have started to ease the process.
Formerly, inconsistencies within the tax system had been a
problem, but a major tax reform in 2004 improved this situation.
Today, many observers consider Slovakia's flat rate tax system
to be one of the simplest in Europe.
The Commercial Code and the 1991 Economic Competition Act govern
competition policy in Slovakia. The Anti-Monopoly Office is
responsible for preventing noncompetitive situations. The
current Law on Public Procurement, valid from 2006, harmonized
Slovak law with all relevant EU directives on public
procurement. An electronic tendering system, operating by the
Public Procurement Office and the Ministry of Finance, was
adopted in 2007 to support the tendering cycle. Nevertheless,
concern about the transparency and integrity of public tenders
is a subject of concern which has led to the recent dismissal of
government ministers and to inquiries on the part of the
European Commission.
Foreign investors and foreign companies doing business in
Slovakia have complained about the transparency of regulatory
processes in several industries, and a number of regulatory
bodies are considered by the business community to be less than
fully independent. Political pressure on regulators in several
offices has resulted in changes of leadership in order to
influence the outcome in specific regulatory adjudications.
In recent years, the GOS has used emergency legislative
procedures with increasing frequency in cases affecting
businesses. This practice has diminished the public comment
period for some proposed laws and regulations to practically
nothing, a fact that various business groups have vigorously
protested. One example of this is the controversial "strategic
companies" law introduced in 2009, which effected a major change
in bankruptcy and restructuring procedures, allowing the state
the right of first refusal in acquiring distressed companies in
certain sectors. The law was drafted, introduced, and passed in
roughly a week, with no formal period for public comment.
Another example, from 2008, changed corporate governance rules
for companies in regulated network industries to allow the state
to determine utility prices. Again, this highly controversial
legislation was brought to a vote in Parliament and signed into
law with virtually no public comment period.
EFFICIENT CAPITAL MARKETS AND PORTFOLIO INVESTMENT
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After Slovakia joined the OECD, the export of capital and
outward direct investment were liberalized to conform to
international standards. As of January 2010, the Slovak banking
sector was composed of 16 banks (established and with permanent
residency in Slovakia) and 10 licensed branches of foreign
banks. Citibank is the only U.S. bank in Slovakia. The sector is
overwhelmingly foreign-owned. Through November 2009, the assets
of all Slovak banks totaled about EUR 53.8 billion.
Slovakia's stock market remains weak and small in an
international context. Unless reforms in Slovakia's pension
system boost domestic equity trading, the domestic market has
very limited prospects. In 2001, the Bratislava Stock Exchange
(BSSE) opened a floor for trading foreign securities in order to
boost market sentiment, but to date there has been little
activity. The BSSE's trading system enables it to organize
securities trading in any currency and to structure stock
exchanges with few restrictions. When raising capital, Slovak
companies usually float shares on the Vienna or Warsaw stock
exchanges.
The total number of issues in 2009 on the BSSE was 269, of which
136 were bond issues. Total market capitalization amounted to
USD 34 billion, up 19.58 percent from the same period in 2008.
The total volume traded in the 2009 was USD 16.41 billion (down
52.14 percent year on year), with 3.1 billion units of
securities changing owners in 3,626 transactions. Over 98.9
percent of this trading volume was bond transactions. The stock
index, SAX, closed the year 2009 down 25.67 percent from the end
of 2008.
POLITICAL VIOLENCE
There have been no reports of politically motivated damage to
property, and civil disturbances are extremely rare. There has
been no violence directed toward foreign-owned companies.
CORRUPTION
In 1998, at the beginning of its first term, the Dzurinda
government proclaimed the fight against corruption to be a
priority. In 2000, the GOS passed a national anti-corruption
program. Subsequently, it appointed a corruption steering
committee, amended the Criminal Code in attempts to strengthen
law enforcement, approved a law modernizing public procurement,
and enacted a strong Freedom of Information Act. A special court
and a special prosecutor for corruption and organized crime were
established in 2003. The Special Court was abolished in 2009 as
a result of an action by the Constitutional Court, and in its
stead a new Specialized Court, with more limited powers, was
established.
The current law on conflict of interest, which is generally
viewed as weak and even more weakly enforced, came into force in
October 2004. A special committee of Parliament supervises the
implementation of the law, but it has not sanctioned any
official covered by the law for violation of conflict of
interest rules since its inception.
Slovakia is also party to international treaties, among them the
OECD Convention on Combating Bribery of Foreign Public
Officials, UN Anti-Organized Crime Convention, UN
Anti-Corruption Convention, Criminal Law Convention on
Corruption and Civil Law Convention on Corruption. Slovakia is a
member of the Group of States against Corruption (GRECO).
The press has taken an active role in reporting corruption, and
public awareness of the issue has steadily increased over the
past several years. The Slovak chapter of Transparency
International (TI) is active and, along with other civil society
groups, monitors public tenders. Slovakia is a signatory to the
OECD Convention on Battling Bribery, and to give or accept
bribes is a criminal act. It should be noted, however, that
Slovakia is ranked very low in the quality of its implementation
of the Convention, according to a TI report. Slovakia also
ranked 56th on TI's 2009 Corruption Perception Index (CPI), down
(i.e., more corrupt) from 52nd in 2008 and 49th in 2007. The
CPI index measures the perceived level of corruption in 180
countries.
Non-governmental organizations and the news media reported a
growing number of corruption allegations during the course of
2009, including several allegedly involving senior members of
the Slovak government. In 2009, three government ministers were
relieved of their posts because of concerns about
non-transparent or inflated tenders or because of ethical
violations. The European Commission has sought explanations or
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investigated corruption in connection with several
non-transparent tenders and regulatory decisions.
BILATERAL INVESTMENT AGREEMENTS
Slovakia has bilateral investment treaties with the following
countries: Austria, Belgium, Bulgaria, Belarus, Canada, China,
Croatia, Cuba, Denmark, Egypt, Finland, France, Germany, Greece,
Hungary, Indonesia, Ireland, Israel, Italy, Lithuania,
Luxembourg, Malta, Montenegro, the Netherlands, North Korea,
Norway, Poland, Portugal, Romania, Russia, Serbia, Singapore,
Slovenia, South Korea, Spain, Sweden, Switzerland, Tajikistan,
Turkey, Turkmenistan, Ukraine, the United Kingdom, the U.S., the
Socialist Republic of Vietnam, and Uzbekistan. Like other new EU
members, Slovakia had to negotiate an amendment to its bilateral
investment treaty with the U.S., because it was considered
inconsistent with EU legislation. The amended treaty entered
into force on May 14, 2004. In November 2007, Slovakia signed a
bilateral Science and Technology Agreement with the US.
OPIC AND OTHER INVESTMENT INSURANCE PROGRAMS
The Overseas Private Investment Corporation (OPIC) offers U.S.
investors in Slovakia insurance against political risk,
expropriation of assets, damages due to political violence, and
currency inconvertibility. OPIC can provide specialized
insurance coverage for certain contracting, exporting,
licensing, and leasing transactions undertaken by U.S. investors
in Slovakia. Slovakia is a Member of the Multilateral Investment
Guarantee Agency (MIGA).
The U.S. Embassy purchases local currency at a rate generated by
the Department of State and the current rate (January 13, 2010)
is EUR 0.69 / USD 1.00. The Embassy expects to convert roughly
USD 9 million during fiscal year 2010. In view of the high
volatility of currency markets during the course of 2009,
analysts' predictions for 2010 show some consensus for
depreciation of the dollar.
LABOR
The government of Robert Fico delivered on its pre-election
promises and amended the Labor Code in 2007, providing more
protection for employees on the issues of working hours and
safety, and strengthening the role of unions. The final
compromise legislation did not contain many of the more
controversial proposals from the original draft, including
limitation of overtime hours, limits on independent contractors,
and doubling of sick leave allowances.
Slovakia's workforce of more than two million has a strong
tradition in engineering and mechanical production. Literacy in
Slovakia is almost universal (more than 99 percent), and most
workers are highly educated and technically skilled. Foreign
companies frequently praise the motivation and abilities of
younger workers, who also often have good foreign language and
computer skills. However, older workers often have poor foreign
language and managerial skills. Slovaks have a reputation for
being technically skilled, particularly in heavy industry.
Education levels match or exceed neighboring countries; with
nearly 86 percent of Slovaks aged 25-64 having at least a high
school education. According to the World Bank's Student Learning
Assessment Database, Slovaks outscored all other central and
eastern European students in math and placed third (behind
Hungary and the Czech Republic) in sciences. Slovaks continue
to have good prospects of finding a skilled job, with 85% or
more of tertiary educated 25-34 year-olds employed in skilled
occupations, indicating that those with higher education are in
strong demand (OECD Education at a Glance 2009 report).
Total nominal hourly labor costs in Slovakia rose at an annual
rate of 1.9% in the third quarter of 2008, in comparison with
6.4% growth in the Czech Republic, 1.2% in Hungary and 4.4% in
Austria, according to the OECD Quarterly Unit Labor Costs 2009.
The overall nominal hourly labor costs growth among the EU
countries was 3.1%.
The unemployment rate hovered around 20 percent as recently as
six years ago, declined to a range between 7-8 percent in 2008
due to strong economic growth, entry to the EU, and stricter
policies on qualifying for unemployment benefits, and reached
around 12 percent in 2009 (Ministry of Labor est.). There are
extensive regional variations in unemployment rates across
country, with a pre-recession rate of less than three percent in
Bratislava but up to 25 percent in some parts of eastern and
southern Slovakia. Government spent approximately EUR 332
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million in a package of "anti-crisis measures," with only few
having sustainable effect on economic growth. Among the most
criticized measures are EU financed "social enterprises,"
regional private enterprises employing low skilled workers. This
measure has been evaluated as highly inefficient and corruption
allegations have led to an EU investigation.
After the latest amendments to Labor Code in April 2007, the
workweek is standardized at 40 hours, and the overtime allowance
was decreased to 100 hours per year, pending an agreement
between employers and employees. Despite these recent
legislative changes, Slovakia remains one of the most liberal
economies in Europe. Since January 2010, the minimum wage is set
to be EUR 319.5 per month, up from EUR 295.5 per month, which
was the eighth-lowest minimum wage among the EU member states.
Wages have been rising since 2004 following the country's
accession to the EU and because of increasing demand for labor
brought on by growing levels of FDI. A new law on minimum wage,
which took effect at the beginning of 2009, introduced a more
regular review of minimum wage, indexed to overall wage growth.
Slovak social insurance is compulsory and includes a health
allowance, unemployment insurance, and pension insurance. The
ceiling on social insurance payments affecting both employers
and employees was increased under legislation passed in 2007.
Union membership has been on the decline in recent years.
According to the Confederation of Labor Unions, 365,541 workers
(or approximately 16.7 percent of the total Slovak workforce)
belonged to trade unions as of January 1st, 2009. In 2007 the
Fico government re-instituted the so-called "tripartite
arrangement," a discussion platform consisting of state
representatives, labor unions and the employers' association.
The unions generally have been tolerant of the costs imposed on
labor by economic transformation, but union leadership has
remained politically engaged and is active among its membership.
Before parliamentary elections in 2006, the Confederation of
Labor Unions signed an agreement on cooperation with Smer, now
the government's leading coalition leader, which led to changes
to the Labor Code in 2007. Slovakia is a member of the
International Labor Organization and adheres to its Convention
Protecting Worker Rights.
FOREIGN-TRADE ZONES/FREE TRADE ZONES
Foreign trade zones and free ports were eliminated in Slovakia
in 2006.
FOREIGN DIRECT INVESTMENT STATISTICS
FDI cumulatively reached $39.4 billion in 2008; the total inflow
of FDI in 2008 was $1.39 billion (National Bank of Slovakia
est.).
Germany was Slovakia's largest trading partner, purchasing 20.2%
of Slovakia's exports and supplying 19.7% of its imports in
¶2008. Other major partners include the Czech Republic (13% of
Slovakia's exports and 11.3% of Slovakia's imports), Italy (5.9%
and 3.7%), Russia (3.8% and 10.2%), Austria (5.7% and 2.9%),
Hungary (6.2% and 4.9%), Poland (6.6% and 3.9%) and France (6.8%
and 4.0%). Slovakia imports more than 90% of its oil and gas
from Russia, and its export markets are primarily OECD and EU
countries. More than 85.1% of its trade is with EU members and
86.2% is with OECD countries. Slovakia's exports to the United
States made up 1.7% of its overall exports in 2008 ($1.21
billion), while imports from the U.S. accounted for 1.2% of its
total purchases abroad ($847.24 million).
Major sources of foreign direct investments were Czech Republic
(54.2%), Cyprus (20.4%), Poland (4.5%), Austria (4%), France
(3.5%), South Korea (3.1%), Germany (3%), Italy (2.6%). Most of
the foreign investments were focused in sectors of machinery,
industrial production, electrochemical, automotive, financial
services, information technology (IT), wholesale and retail
trade, transportation and telecommunications.
However, it should be noted that the GOS credits numerous U.S.
investments to other countries if the investments came through
the investors' foreign subsidiaries. For example, the U.S.
Steel investment came in part from its subsidiary in the
Netherlands, and therefore the GOS considers it to be a Dutch
investment. A 2008 survey conducted by the U.S. Embassy shows
U.S. investment in Slovakia at about USD 4 billion in current
and future commitments, making the U.S. approximately the third
leading foreign investor in Slovakia.
The largest U.S. investor in Slovakia is U.S. Steel, which in
2000 acquired the core assets of the state-owned steel mill in
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Kosice. Together with its future commitments, U.S. Steel will
have invested more than USD 1.2 billion in Slovakia, and it
employs roughly 14,000 people. Last year, US Steel Kosice used
government sponsored anti-crisis measures and worked 4-day
shifts, receiving government subsidies to offset the expense of
social contributions. Whirlpool has invested over USD 100
million in Slovakia, employs more than 1,200 people and produces
2 million washing machines annually, making its local unit the
largest appliance producer in Europe. Several other American
companies have substantial investments in Slovakia, such as
Emerson Electric, Tower Automotive, Delphi, Johnson Controls,
Lear, Citibank, IBM, TRW, Visteon, AT&T, and Dell. The U.S.
Commercial Service reports that there are over 120 U.S.
companies present in Slovakia. Other large foreign investors in
Slovakia include Volkswagen, Hyundai Kia, Peugeot Citroen,
Samsung, Getrag Ford, Deutsche Telecom, EON, Ruhrgas, Intesa
BCI, UniCredito, Raiffeisen Group, Enel and Siemens.
WEB RESOURCES
National Bank of Slovakia - www.nbs.sk
Center for Economic and Social Analyses - www.mesa10.sk
Ministry of Economy of Slovak Republic - www.economy.gov.sk
Ing. Slovakia - www.ingfn.sk
The Slovak Republic Government Office - www.government.gov.sk
Ministry of Finance of Slovak Republic - www.finance.gov.sk
OECD - www.oecd.org
International Monetary Fund - www.imf.org
EDDINS