Myanmar's first civilian-backed government in more than 50 years
is pledging an open economy and has a raft of new business friendly
laws on its side. But it remains unclear whether this will lead to an
immediate surge in the volume of foreign investment that the economy desperately needs.
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A shop assistant reaches for a product in a drug store. Photo: Kaung Htet / The Myanmar Times
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The country represents an almost unrivalled investment opportunity
for firms across the globe. The Asian Development Bank said this month
that it expects real GDP to have increased 7.2 percent in the 2015-16
fiscal year, and projects 8.4pc for 2016-17. Across a host of sectors
the scope for growth is immense.
“Pharmaceuticals, health,
agriculture, real estate, infrastructure – they are all going to be
massive,” said Edwin Vanderbruggen, a partner at law firm VDB Loi in
Yangon. “It’s one of the only spots in the world where in certain
sectors growth will jump by double digits every year.”
The DICA numbers do not represent actual investment,
but they remain a key benchmark for measuring foreign interest. After a
strong finish to 2015-16, Myanmar has entered the new fiscal year
boasting a – so far – smooth democratic transition, and has passed a
series of new laws favourable to foreign investment.
An amended mining law
that could change the economics of that sector for foreign investors
was passed in December. An Arbitration Law was enacted in January,
meaning Myanmar’s courts now recognise arbitration decisions made in
other countries. That same month the government passed a Condominium Law that allows foreigners to own up to 40pc of residential units in a block.
A
revised foreign investment law that would potentially reduce
restrictions on foreign investments across many sectors will go before
parliament this year, as will a new Companies Act.
Officials at
the Myanmar Investment Commission, of which DICA acts as secretary,
think approved investments are most likely to increase in manufacturing,
infrastructure, real estate, transportation and telecoms.
But
MIC secretary U Aung Naing Oo also projects annual investment approvals
of around $6 billion a year until 2020. That suggests only a modest
potential increase, not a sudden surge. People in the international
business community are cautious about expecting a sharp rise in
investment.
Many foreign companies were undertaking projects in
Myanmar – whether exploring opportunities or actual investment – well
before the elections, said Martin Jancik, Myanmar country manager for
Tractus Asia.
A significant increase in foreign investment will
rely on the new government focusing on attracting investment into
specific sectors like infrastructure and agriculture, and will not happen overnight simply as a result of the transition, said Mr Jancik.
“It’s
more a function of business fundamentals,” he said. “The change in
power is positive, but the previous government had already taken steps
in laying groundwork for attracting foreign investors, for example, by
passing investment friendly laws.
Issuing new laws is less
important than applying them in a transparent and predictable way, said
Mr Vanderbruggen of VDB Loi, adding that no investor ever set up a car
factory because of a new Companies Act.
“People come here for the market [opportunities] not because there are good laws,” he said.
Some
of the new laws are steps in the right direction, but do not solve
inherent issues. The Condominium Law, for example, allows foreign
investors to buy units but it does not solve the issue that foreigners are prohibited from owning land.
This
has not stopped joint-venture residential projects aimed at overseas
buyers, but will remain a source of uncertainty for foreign investors.
The amended mining law lays the ground for equity and profit sharing agreements between foreign firms and the government.
But
even if the details – yet to be announced – of these agreements make
new projects viable, it still takes foreign companies years not months
to get permits, according to officials at foreign mining firms.
The
revised Myanmar Investment Law, which would combine the Foreign
Investment Law and the Myanmar Citizens Investment Law into a single
piece of legislation, is another step in the right direction.
That
would, in theory, allow any investor – foreign or domestic – to invest
in “any enterprise in any sector” with the exception of just a few
sensitive sectors, according to law firm Allen & Overy.
But until that law and its accompanying regulations are passed, existing and more stringent regulations
will remain in place. Investment in many activities still requires a
joint-venture with a local firm, and others require both a joint venture
and approval from the relevant ministry.
Foreign firms and
joint-ventures also face trading restrictions, although there have been
signs of a change. Late last year the Ministry of Commerce allowed joint
ventures to import chemical fertilisers, seeds, insecticides and
hospital equipment.
But this web of restrictions means that liberalisation in one area may have little material impact.
An
earlier removal of retail activities from a list of
activities prohibited or restricted under the Foreign Investment Law did
not bring an influx of investors – despite great interest – because
separate import and trading restrictions still applied,
said Chris Burkett, senior associate at Allen & Overy.
In
areas where foreign investment does not face additional restrictions,
there remain a host of difficulties including sourcing adequate
facilities, human resources, logistics, corruption and uncertainty over
how projects will be taxed.
For US firms, the Specially Designated Nationals list, which contains 38 individuals and 77 entities subject to US sanctions, also creates headaches.
US companies have to undertake considerable due diligence to make sure they are not doing business with people or entities on the list.
But
there are other trends that bode well for outside investment. One is
the extent to which the government has improved the way it tenders
projects across infrastructure – where there is huge scope for foreign
firms to get involved.
“The government is at the origination of
many projects across mining, infrastructure, oil and gas,” said Mr
Vanderbruggen, who has run several tenders for the government.
But
the tenders are often structured in such a way – lacking a clear
business case for example – that international firms do not bid, he
said.
Some come with a very short deadline, which means that
international firms are passed over because they request time to run a
feasibility study, he added.
But international investors want to
bid for transparent international standard tenders, and on transparency
at least the previous government made progress, said Mr Vanderbruggen.
Andrew Lee, Myanmar country head for General Electric, is “cautiously optimistic” on the outlook for foreign investment.
“We’ve
submitted bids in tender processes for healthcare and power generation
projects through our channel partner and developers or contractors –
these tenders were very transparent,” he said.
One example is the $300 million Myingyan power plant –
set to be one of the largest gas-fired independent power plants in
Myanmar – which used an international-standard bidding process under
International Finance Corporation guidelines. The tender process took
some time to work through, but Mr Lee hopes that tenders will become
similar across many sectors, and increasingly in accordance with
international standards.
“The country needs billions [of US
dollars] to be spent on power plants, transmissions, substations,
distribution,” he said. “That’s going to attract a lot of foreign
investors, but the Myanmar government is also seeking to work with more
international firms that follow these best practices.”
Mr Wicklein of the ADB noted that concessions for operating toll roads are also being competitively tendered.
If
the government was able to devote funds to hiring experts to help it
build business cases and create a visible pipeline of projects across
different sectors this would also raise foreign firms’ incentive to bid
for tenders, added Mr Vanderbruggen.
The prospect of 15 toll road
projects is much more attractive to foreign firms than a stand-alone
tender, he added. At the other end of the spectrum foreign investment
can also take the form of foreign firms making equity investments in
individual Myanmar firms.
Institutional investors – large
entities like pension funds or investment banks – are more eager than in
the past to put money to work in Myanmar, said Daw Thiri Thant Mon,
managing director at Sandanila, a Yangon-based investment advisory firm.
But those investors also want to see companies that are sufficiently corporatised, she added.
This
means companies that hire professional managers and chief executives,
have boards, publish results and are essentially run to the same
standard as a public company. And until recently Myanmar’s firms have
had no incentive to take such steps.
“They didn’t have access to international investors anyway,” she said. “And local investors were groups of people they knew.”
She has found that many firms understand the need to change, although that change will still take time.
“I
don’t expect anything in this country to go quickly,” she said. “But
then sometimes I’m surprised by how fast things can move.”
Credit:MMTIMES