Keep Us Strong WikiLeaks logo

Currently released so far... 97115 / 251,287

Articles

Browse latest releases

Browse by creation date

Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z

Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
ETRD EAGR ETTC EAID ECON EFIN ECIN EINV ELAB EAIR ENRG EPET EWWT ECPS EIND EMIN ELTN EC ETMIN EUC EZ ET ELECTIONS ENVR EU EUN EG EINT ER ECONOMICS ES EMS ENIV EEB EN ECE ECOSOC EK ENVIRONMENT EFIS EI EWT ENGRD ECPSN EXIM EIAD ERIN ECPC EDEV ENGY ECTRD EPA ESTH ECCT EINVECON ENGR ERTD EUR EAP EWWC ELTD EL EXIMOPIC EXTERNAL ETRDEC ESCAP ECO EGAD ELNT ECONOMIC ENV ETRN EIAR EUMEM ENRGPARMOTRASENVKGHGPGOVECONTSPLEAID EREL ECOM ECONETRDEAGRJA ETCC ETRG ECONOMY EMED ETR ENERG EITC EFINOECD EURM EENG ERA EXPORT ENRD ECONEINVETRDEFINELABETRDKTDBPGOVOPIC EGEN EBRD EVIN ETRAD ECOWAS EFTA ECONETRDBESPAR EGOVSY EPIN EID ECONENRG EDRC ESENV ETT EB ENER ELTNSNAR ECHEVARRIA ETRC EPIT EDUC ESA EFI ENRGY ESCI EE EAIDXMXAXBXFFR EETC ECIP EIAID EIVN EBEXP ESTN EING EGOV ETRA EPETEIND ELAN ETRDGK EAIDRW ETRDEINVECINPGOVCS EPEC ENVI ELN EAG EPCS EPRT EPTED ETRB EUM EAIDS EFIC EFINECONEAIDUNGAGM EAIDAR ESF EIDN ELAM EDU EV EAIDAF ECN EDA EXBS EINTECPS ENRGTRGYETRDBEXPBTIOSZ EPREL EAC EINVEFIN ETA EAGER EINDIR ECA ECLAC ELAP EITI EUCOM ECONEFINETRDPGOVEAGRPTERKTFNKCRMEAID EARG ELDIN EINVKSCA ENNP EFINECONCS EFINTS ECCP ETC EAIRASECCASCID EINN ETRP EAIDNI EFQ ECOQKPKO EGPHUM EBUD ECONEINVEFINPGOVIZ ENERGY ELB EINDETRD EMI ECONEFIN EIB EURN ETRDEINVTINTCS EIN EFIM ETIO ELAINE EMN EATO EWTR EIPR EINVETC ETTD ETDR EIQ ECONCS EPPD ENRGIZ EISL ESPINOSA ELEC EAIG ESLCO EUREM ENTG ERD EINVECONSENVCSJA EEPET EUNCH ECINECONCS ETRO ETRDECONWTOCS ECUN EFND EPECO EAIRECONRP ERGR ETRDPGOV ECPN ENRGMO EPWR EET EAIS EAGRE EDUARDO EAGRRP EAIDPHUMPRELUG EICN ECONQH EVN EGHG ELBR EINF EAIDHO EENV ETEX ERNG ED
KMDR KPAO KPKO KJUS KCRM KGHG KFRD KWMN KDEM KTFN KHIV KGIC KIDE KSCA KNNP KHUM KIPR KSUM KISL KIRF KCOR KRCM KPAL KWBG KN KS KOMC KSEP KFLU KPWR KTIA KSEO KMPI KHLS KICC KSTH KMCA KVPR KPRM KE KU KZ KFLO KSAF KTIP KTEX KBCT KOCI KOLY KOR KAWC KACT KUNR KTDB KSTC KLIG KSKN KNN KCFE KCIP KGHA KHDP KPOW KUNC KDRL KV KPREL KCRS KPOL KRVC KRIM KGIT KWIR KT KIRC KOMO KRFD KUWAIT KG KFIN KSCI KTFIN KFTN KGOV KPRV KSAC KGIV KCRIM KPIR KSOC KBIO KW KGLB KMWN KPO KFSC KSEAO KSTCPL KSI KPRP KREC KFPC KUNH KCSA KMRS KNDP KR KICCPUR KPPAO KCSY KTBT KCIS KNEP KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG KNNB KGCC KINR KPOP KMFO KENV KNAR KVIR KDRG KDMR KFCE KNAO KDEN KGCN KICA KIMMITT KMCC KLFU KMSG KSEC KUM KCUL KMNP KSMT KCOM KOMCSG KSPR KPMI KRAD KIND KCRP KAUST KWAWC KTER KCHG KRDP KPAS KITA KTSC KPAOPREL KWGB KIRP KJUST KMIG KLAB KTFR KSEI KSTT KAPO KSTS KLSO KWNN KPOA KHSA KNPP KPAONZ KBTS KWWW KY KJRE KPAOKMDRKE KCRCM KSCS KWMNCI KESO KWUN KPLS KIIP KEDEM KPAOY KRIF KGICKS KREF KTRD KFRDSOCIRO KTAO KJU KWMNPHUMPRELKPAOZW KEN KO KNEI KEMR KKIV KEAI KWAC KRCIM KWCI KFIU KWIC KCORR KOMS KNNO KPAI KBWG KTTB KTBD KTIALG KILS KFEM KTDM KESS KNUC KPA KOMCCO KCEM KRCS KWBGSY KNPPIS KNNPMNUC KWN KERG KLTN KALM KCCP KSUMPHUM KREL KGH KLIP KTLA KAWK KWMM KVRP KVRC KAID KSLG KDEMK KX KIF KNPR KCFC KFTFN KTFM KPDD KCERS KMOC KDEMAF KMEPI KEMS KDRM KEPREL KBTR KEDU KNP KIRL KNNR KMPT KISLPINR KTPN KA KJUSTH KPIN KDEV KTDD KAKA KFRP KWNM KTSD KINL KJUSKUNR KWWMN KECF KWBC KPRO KVBL KOM KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG KEDM KFLD KLPM KRGY KNNF KICR KIFR KM KWMNCS KAWS KLAP KPAK KDDG KCGC KID KNSD KMPF KPFO KDP KCMR KRMS KNPT KNNNP KTIAPARM KDTB KNUP KPGOV KNAP KNNC KUK KSRE KREISLER KIVP KQ KTIAEUN KPALAOIS KRM KISLAO KWM KFLOA
PHUM PINR PTER PGOV PREL PREF PL PM PHSA PE PARM PINS PK PUNE PO PALESTINIAN PU PBTS PROP PTBS POL POLI PA PGOVZI POLMIL POLITICAL PARTIES POLM PD POLITICS POLICY PAS PMIL PINT PNAT PV PKO PPOL PERSONS PING PBIO PH PETR PARMS PRES PCON PETERS PRELBR PT PLAB PP PAK PDEM PKPA PSOCI PF PLO PTERM PJUS PSOE PELOSI PROPERTY PGOVPREL PARP PRL PNIR PHUMKPAL PG PREZ PGIC PBOV PAO PKK PROV PHSAK PHUMPREL PROTECTION PGOVBL PSI PRELPK PGOVENRG PUM PRELKPKO PATTY PSOC PRIVATIZATION PRELSP PGOVEAIDUKNOSWGMHUCANLLHFRSPITNZ PMIG PREC PAIGH PROG PSHA PARK PETER POG PHUS PPREL PS PTERPREL PRELPGOV POV PKPO PGOVECON POUS PGOVPRELPHUMPREFSMIGELABEAIDKCRMKWMN PWBG PMAR PREM PAR PNR PRELPGOVEAIDECONEINVBEXPSCULOIIPBTIO PARMIR PGOVGM PHUH PARTM PN PRE PTE PY POLUN PPEL PDOV PGOVSOCI PIRF PGOVPM PBST PRELEVU PGOR PBTSRU PRM PRELKPAOIZ PGVO PERL PGOC PAGR PMIN PHUMR PVIP PPD PGV PRAM PINL PKPAL PTERE PGOF PINO PHAS PODC PRHUM PHUMA PREO PPA PEPFAR PGO PRGOV PAC PRESL PORG PKFK PEPR PRELP PREFA PNG PGOVPHUMKPAO PRELECON PINOCHET PFOR PGOVLO PHUMBA PRELC PREK PHUME PHJM POLINT PGOVPZ PGOVKCRM PGOVE PHALANAGE PARTY PECON PEACE PROCESS PLN PRELSW PAHO PEDRO PRELA PASS PPAO PGPV PNUM PCUL PGGV PSA PGOVSMIGKCRMKWMNPHUMCVISKFRDCA PGIV PRFE POGOV PEL PBT PAMQ PINF PSEPC POSTS PHUMPGOV PVOV PHSAPREL PROLIFERATION PENA PRELTBIOBA PIN PRELL PGOVPTER PHAM PHYTRP PTEL PTERPGOV PHARM PROTESTS PRELAF PKBL PRELKPAO PKNP PARMP PHUML PFOV PERM PUOS PRELGOV PHUMPTER PARAGRAPH PERURENA PBTSEWWT PCI PETROL PINSO PINSCE PQL PEREZ PBS

Browse by classification

Community resources

courage is contagious

Viewing cable 05MADRID100, INVESTMENT CLIMATE STATEMENT

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs

Understanding cables
Every cable message consists of three parts:
  • The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
  • The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
  • The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #05MADRID100.
Reference ID Created Released Classification Origin
05MADRID100 2005-01-12 12:55 2011-08-24 16:30 UNCLASSIFIED Embassy Madrid
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 08 MADRID 000100 
 
SIPDIS 
 
STATE FOR EB/IFD/OIA 
STATE PASS USTR 
 
E.O. 12958: DECL: N/A 
TAGS: EINV KTDB SP OPIC USTR
SUBJECT: INVESTMENT CLIMATE STATEMENT 
 
REF: STATE 250356 
 
1. Openness to Foreign Investment 
 
A. The socialist (PSOE) government of Spain that assumed office 
in March, 2004 is interested in attracting foreign investment. 
There have been no significant changes in Spain's regulations 
for investment and foreign exchange under the new government. 
Spanish law permits foreign investment of up to 100 percent of equity 
and 
capital movements have been completely liberalized. 
 
B. On April 1999, the adoption of royal decree 664/1999 
eliminated the need for government authorization of any 
investments save those in activities "directly related to 
national defense," such as arms production. The decree abolished 
previous authorization requirements on investments in other 
sectors deemed of strategic interest, such as communications and 
transportation.  It also removed all forms of portfolio 
authorization and established free movement of capital into Spain 
as well as Spanish capital out of the country.  As a result, 
Spanish law now conforms with the multi-disciplinary EU Directive 
88/361, part of which prohibits all restrictions of capital 
movements between member states as well as between such states 
and 
other countries, and which classifies investors according to 
residence rather than nationality. 
 
C. Registration requirements are simple and straightforward, and 
apply to foreign and domestic investments equally. They aim to 
verify the purpose of the investment, and do not block any 
investment. 
 
D. Spain's privatization process is slowing down because the 
government has already sold off most of its leading publicly 
owned companies. The process for those remaining is open to all 
investors.  American companies have successfully participated in 
several purchases.  This year, the government will begin 
privatizing railroad assets and shipbuilding companies.  In 
2005, the  Spanish privatization holding company (SEPI) 
plans to privatize at least six companies and reduce ownership 
shares gradually in firms where SEPI is a minority shareholder. 
SEPI has already initiated the privatization of IZAR, a 
shipyard, by creating a construction firm for civilian 
construction.  The liberalization of the railroad company RENFE 
is the second big project of the socialist government for 2005. 
The last Council of Ministers in December 2004 approved two 
royal decrees with the by-laws of the two new companies that 
will manage the Spanish rail network, ADIF and RENFE-Operadora. 
 
E. The Spanish government has liberalized the energy, 
electricity, and telecommunications markets to varying degrees. 
These efforts have opened Spain's economy to new investment, 
including by American companies. However, many observers feel 
these changes have not been broad enough to fully stimulate the 
economy.   For example, in the telecommunications sector, many 
analysts believe that Telefonica's dominant position undermines 
competition and innovation.  Essentially, it is frequently 
difficult  for new entrants to gain traction in sectors 
dominated by former state run monopolies such as Telefonica. 
 
2. Conversion and Transfer Policies 
 
There are no controls on capital flows.  On February, 1992, royal 
decree 1816/1991 provided complete freedom of action in financial 
transactions between residents and non-residents of Spain. 
Previous requirements for prior clearance of technology transfer 
and technical assistance agreements were eliminated. The liberal 
provisions of this law apply to payments, receipts, and transfers 
generated by foreign investments in Spain. Capital controls on 
the transfer of funds outside of the country were abolished in 
1991.  Remittances of profits, debt service, capital gains and 
royalties from intellectual property can all be affected at 
market rates using commercial banks. 
 
3. Expropriation and Compensation 
 
Spanish legislation sets up a series of safeguards that virtually 
prohibit the nationalization or expropriation of foreign 
investment. No expropriation or nationalization of foreign 
investment has taken place in recent years.  There are no 
outstanding investment disputes between the United States and 
Spain. 
 
4. Dispute Settlement 
 
A. Legislation establishes mechanisms to solve disputes if they 
arise. The judicial system is open and transparent, although 
slow- 
moving at times. The Spanish judiciary system is independent from 
the executive; therefore, the government is obliged to follow 
court rulings.  Judges are in charge of prosecution and criminal 
investigation, which permits greater independence.  The Spanish 
prosecution system allows for successive appeals to a higher 
Court of Justice.  The European Court of Justice can hear the 
final appeal.  In addition, the Government of Spain abides by 
rulings of the International Court of Justice at The 
Hague. Spain is a member of both the International Center for the 
Settlement of Investment Disputes (ICSID) and the New York 
Convention of 1958 on the Recognition and Enforcement of Foreign 
Arbitral Awards. 
B. Spain has a fair and transparent bankruptcy regime. In June 
2003, the Spanish Parliament approved a new, modern bankruptcy 
law which entered into force on September 1, 2004. 
 
5. Performance Requirements/Incentives 
 
A. Performance requirements are not used to determine the 
eligibility or level of incentives granted to investors.  A range 
of investment incentives exists in Spain, and they are provided 
according to the authorities granting incentives and the type and 
purpose of the incentives. 
 
B. Authorities that provide incentives in Spain: 
 
- 1. The European Union: 
 
The European Union provides incentives in the form of subsidies 
in general development programs such as FEDER and F.S.E. FEOGA- 
Guarantee.  They also provide programs to target specific sectors 
under the EU Sixth Framework Programme.  The Government of Spain 
manages these incentives locally.  However, many benefits from 
EU- 
sponsored programs are limited to companies located in the 
European Community.  These incentives will become less 
financially significant over the coming years as Spain's 
increasing wealth and EU enlargement will lead to a smaller 
share for Spain of the EU's general development  programs. 
 
- 2. The Central Government: 
 
-      a. The central government grants incentives out of its 
annual budget.  Usually, these incentives match EU financing. 
Central government incentive programs are easily available for 
direct investment plans. The Ministry of Economy and Ministry of 
Science and Technology play active roles in granting the 
incentives. 
 
-      b. The Foreign Investment Department, under the Ministry 
of Economy, counsels new market investors in the application for 
government incentives.  The Ministry of Economy's sector-related 
departments negotiate directly with the old market investors to 
inform them of incentives available for new investments. 
 
- 3. The Regional Government: 
 
Regional governments, called Autonomous Communities, also 
maintain specific programs to attract investment, which are often 
designed to complement central government incentives. 
 
- 4. Municipalities: 
 
-      a. Municipal corporations offer incentives to direct 
investment by facilitating infrastructure needs, granting 
licenses, and allowing for the operation and transaction of 
permits.  Usually they are designed to help ease the initial 
operations of direct investment. 
 
-      b. Generally, the regional governments are responsible for 
the management of each type of investment.  This provides a 
benefit to investors as each autonomous community has a specific 
interest in attracting investment that enhances its economy. 
 
-      c. Types of incentives available: 
 
--   Financial subsidies 
--   Exemption from certain taxes 
--   Preferential access to official credit 
--   Reduction of burdens, with social security discounts to 
     companies 
--   Bonuses for acquisition of certain material 
--   Customs exemption for certain imported goods 
--   Real estate grants, and gratuitous or favorable land grants 
--   Guarantees granted in credit operations 
--   Loans with low interest, long maturities, and grace periods 
--   Guarantee of dividends 
--   Professional training and qualification 
--   Indirect aid by means of supplying infrastructure facilities 
     (accesses, services, communications, etc.) 
 
-      d. Incentives from national, regional or municipal 
governments and the EU are granted to Spanish and foreign 
companies alike without discrimination. 
 
-      e. Spain is in compliance with WTO TRIMS [Trade-Related 
Investment Measures] obligations. 
 
6. Right to Private Ownership and Establishment 
 
A. The Constitution protects private ownership.  Spanish law 
establishes clear rights to private ownership and foreign firms 
receive the same legal treatment as Spanish companies. 
 
B. There is no discrimination against public or private firms 
with respect to local access to markets, credit, licenses and 
supplies. 
 
7. Protection of Property Rights 
 
A. Spanish law protects property rights with enforcement carried 
out at the administrative and judicial levels.  Any decision by 
the Administration pertaining to property rights can be appealed 
first at the administrative level and then at the judicial level, 
which has three levels of court appeals.  Property protection is 
effective in Spain, although the system is slow.  The Spanish 
legal system fully recognizes property rights and facilitates 
their acquisition and disposition. 
 
B. Spanish patent, copyright, and trademark laws all approximate 
or exceed EU levels of intellectual property protection. Spain is 
a party to the Paris Convention, Bern Convention, the Madrid 
Accord on Trademarks , and the Universal Copyright Conventions. 
Spain has ratified the World Intellectual Property 
Organization's (WIPO)  Copyright Treaty (WCT) and the WIPO 
Phonograms and Performances Treaty (WPPT), the so-called 
internet treaties.  However, it has not passed implementing 
legislation yet for these treaties because it has not 
implemented the EU Copyright Directive (dealing with much of the 
same substance of the internet treaties) yet.  Some industry 
observers say that Spain is therefore lacking in protection of 
internet-based intellectual property.  The GOS recently unveiled 
an anti-piracy initiative which, together with WIPO internet 
treaty implementing legislation slated for passage this year, 
may address some of these problems.  The GOS's plans for 
combating intellectual property piracy may also have a positive 
effect in curtailing street piracy (discussed in section C). 
 
 
C. Public and private sector enforcement actions (especially 
private sector initiatives) using Spain's new patent, copyright 
and trademark legal framework have greatly increased the number 
of criminal and civil actions taken against intellectual property 
pirates.  Despite enforcement efforts, piracy remains a 
significant problem.  Sale of pirate music CDs has increased 
dramatically, sparked by growth in organized pirate CD production 
operations.  Industry sources estimate that illegal CDs 
constitute 30% of the Spanish market with pirated versions of new 
releases approaching 50%.  Pirated software, videogames and DVDs 
are also sold widely. 
 
- a. Patents 
A non-renewable 20-year period for working patents is available 
if the patent is used within the first three years.  Spain 
permits both product and process patents. 
 
Spain has ratified the 1973 Munich European Patent Convention 
allowing Spain to be designated in a European patent application. 
European patents are administered by the European Patent Office, 
based in Munich (Germany). 
b. Copyrights 
 
The law extends copyright protection to all literary, artistic or 
scientific creations, including computer software.  Spain and the 
United States are members of the Universal Copyright Convention. 
For protection, U.S. authors must register with this 
organization. 
 
 c. Trademarks 
 
There are various procedures to register a trademark in Spain. 
The Spanish Office of Patents and Trademarks oversees protection 
for national trademarks.  Trademarks registered in the Industrial 
Property Registry receive protection for a 10-year period from 
the date of application, which may be renewed.  Protection is not 
granted for generic names, geographic names, those that violate 
Spanish customs or other inappropriate trademarks.  Spanish 
authorities published a new Trademark law in 2001 (Law 17/2001), 
which came into effect in July 2002. 
 
Applicants must designate the countries where they wish to obtain 
protection.  The World International Property Organization (WIPO, 
headquartered in Geneva) oversees an international system of 
patent registration.  However, this system only applies to US 
firms with an establishment in a country which is a party of the 
Agreement or the Protocol. 
 
Business may seek a trademark valid throughout the EU.  The 
Office for Harmonization in the Internal Market (OHIM) for the 
registration of community trademarks in the European Union 
started its operations in 1996.  Its headquarters are located in 
Alicante: 
 
Oficina de Armonizacion del Mercado Interior (Office for 
Harmonization in the Internal Market) 
Avenida Aguilera, 20 
03080 Alicante 
Tel: (34) 96-513-9100 
Fax: (34) 96-513-9173 
 
8. Transparency of the Regulatory System 
 
A. Spain modernized its commercial laws and regulations following 
its 1986 entry into the EU.  Its local regulatory framework 
compares favorably with other major European countries. 
Bureaucratic procedures have been streamlined and much red tape 
has been eliminated, though permitting and licensing processes 
can still suffer delays. Efficacy of regulation at the regional 
level is uneven. 
 
B. Quasi-independent regulatory bodies exist in several sectors; 
however, they are for the most part still finding their role and 
fighting to assert their independence. Making the transition from 
state-owned monopolies to promoting full and open competition has 
been a slow, but steady process. 
 
C. The comment process for proposed rule-making changes is not 
as formal as in the United States. Spain does not have an 
official comment procedure for government regulations like the 
U.S. system. Most new laws and regulations are published as 
drafts before they go into force, 
but by the time they are published, there are often limited 
opportunities to 
change them. Government officials do seek out stakeholder 
comments before finalizing significant regulations, but the 
comment system is geared towards collecting input from officially 
recognized industry sector associations or consumer 
organizations.  The general public will not necessarily be aware 
of a regulation until it is finalized and published. 
 
9. Efficient Capital Markets and Portfolio Investment 
 
A. Lower interest rates due to the convergence of monetary policy 
following the adoption of the euro has led to a significant 
lowering of interest rates in recent years.  Foreign investors do 
not face discrimination when seeking local financing for 
projects.  There is a large range of credit instruments available 
through Spanish and international financial institutions. Many 
large Spanish companies rely on cross-holding arrangements and 
ownership stakes by banks rather than pure loans. However,  these 
arrangements do not act to restrict foreign ownership.  Several 
of the largest 
Spanish companies that engage in this practice are also traded 
publicly in the U.S. 
 
B. Corporate scandals in the U.S. and Europe, 
further integration of European capital markets and efforts to 
make Spain a more attractive destination for foreign investment 
have led to several new initiatives to improve the transparency 
of capital markets and corporate governance.  Spanish business 
organizations and private economic think tanks are pro-active on 
corporate governance issues.  In 2003 and 2004, Spanish business 
leaders created a progressive code of business practices and 
ethics.  In 2004, Spanish regulatory agencies and lawmakers 
codified the business codes and required Spain's listed 
companies to follow a rigorous set of corporate governance and 
transparency rules.  Spain's government views corporate 
governance rules as a means of ameliorating the effects of 
concentrated economic power and preventing a major corporate 
scandal along the lines of Enron or Parmalat. 
 
Due to extensive cross-ownership within a small universe of 
dominant companies, 
Spanish corporations have traditionally not had truly independent 
board members.  This situation is slowly changing, with several 
leading Spanish companies introducing independent members to 
their boards  in an effort to improve transparency. 
Hostile takeover rules and the threat of a government "Golden 
Share" veto have been used to prevent takeovers of companies. 
While surfacing on occasion in purely Spanish transactions, these 
defenses are most often used when the acquiring company was 
partially or fully owned by other governments, with the Spanish 
government and securities regulators acting to prevent what they 
interpret as another government taking over a privatized Spanish 
company.  A  European court of Justice decision has ruled 
such practices illegal. 
 
C. The domestic Spanish banking system is regarded as healthy, 
with four banks dominating the market.  Spanish regulators have 
recently focused attention on these banks' exposure to non- 
performing Latin American assets, and have required full 
provisions against this exposure. In 2003, new Spanish gross 
investment abroad was USD 27.5 billion, showing a  30 percent 
drop from the 2002 annual level.  During the first six months of 
2004, Spanish authorities recorded USD 8.5 billion in new 
foreign direct investment, a decrease of 35.15 percent compared 
with investment in the first semester of 2003. (Note: Statistics 
on Spanish overseas investments and foreign investments in Spain 
for the second semester of 2004 will be available in May or June 
of 2005.) The drop in Spanish overseas investment reflects, in 
part, fewer attractive opportunities for Spanish companies in 
Latin America as many of the major privatization there have 
already taken place. 
 
10. Political Violence 
 
A. The Government of Spain is involved in a long-running campaign 
against Basque Fatherland and Liberty (ETA), a terrorist 
organization founded in 1959 and dedicated to promoting Basque 
independence.  ETA regularly targets Spanish government 
officials, members of the military and security forces, 
journalists, and members of the Popular Party and Socialist Party 
for assassination.  U.S. citizens and U.S. companies have not 
been ETA targets.  In recent years, the Spanish government has 
secured greater security cooperation from French authorities on 
the ETA threat.  ETA reaffirmed its commitment to using terror in 
the wake of September 11.  ETA has killed over 40 persons since 
January 2000 and about 850 persons since its founding.  Its main 
methods are car bombs and assassinations with firearms. ETA 
operatives extort "revolutionary taxes" from businesspersons and 
professionals living in the Basque region, sometimes bombing 
their property to intimidate them into paying extortion demands. 
ETA supporters also engage in street violence and vandalism 
against government facilities, economic targets (particularly 
banks), and the homes and property of persons opposed to ETA's 
cause.  In 2004, the GOS arrested several  important high- 
ranking ETA members and two top ETA leaders were arrested in 
France.  ETA responded by detonating small bombs in Madrid and 
other cities, but most observers believe the organization has 
been greatly weakened by the 2004 arrests. 
 
 
 
B. On March 11, 2004, Islamic terrorists killed 191 people on 
trains headed for Madrid's central Atocha train station. 
Several foreign nationals died in the attack, although there 
were no American citizen casualties.  Islamic extremists remain 
active in Spain and if there are other attacks, American 
citizens/property could be hurt/damaged, although, so far, U.S. 
citizens and companies in Spain have not been direct Islamic 
terrorist targets. 
 
11. Corruption 
 
A. Giving or accepting a bribe is a criminal act.  Under the 
Spanish civil code, section 1255, corporations and individuals 
are prohibited from deducting bribes from domestic tax 
computations. 
 
B. Spain has a wide variety of laws, regulations, and penalties 
dealing with corruption.  The legal regime has both civil and 
criminal sanctions for corruption, bribery, financial 
malfeasance, etc.  The Spanish legal regime is hampered, however, 
by the fact that only natural persons, as opposed to legal 
persons, can be held criminally liable for the actions of a 
company.  Furthermore, civil and administrative proceedings 
cannot begin until there is a finding of criminal liability 
against a natural person.  Although the Ministry of Justice has 
initiated an amendment process to provide for sanctions of legal 
persons, it has not yet become law. 
 
C. Spain is a signatory of the OECD Convention on Combating 
Bribery, and Spanish officials attach importance to combating 
corruption. The government is working to amend domestic law to 
make the Convention a more useful investigative and prosecutorial 
tool. 
 
D. The General State Prosecutor is authorized to investigate and 
prosecute corruption cases involving funds in excess of roughly 
USD $500,000.  The Office of the Anti-Corruption Prosecutor, a 
subordinate unit of the General State Prosecutor, has 15-20 
prosecutors in Madrid, Barcelona, and Valencia who are tasked 
with investigating and prosecuting domestic and international 
bribery allegations.  There is also the "Audiencia Nacional," a 
corps of magistrates given broad discretion to investigate and 
prosecute alleged instances of Spanish businesspeople bribing 
foreign officials. 
 
E. Spain enforces anti-corruption laws on a generally uniform 
basis.  Public officials are probably subjected to more scrutiny 
than private individuals, but several wealthy and well-connected 
business executives have been successfully prosecuted for 
corruption.  There is no obvious bias for or against foreign 
investors. U.S. firms have not identified corruption as an 
obstacle to investment in Spain. 
 
F. Conversations with representatives of the Spanish legal 
community indicate that the Convention is increasingly being 
taken into account in the drafting of contracts.  Spanish 
companies, both domestic and multinational, are insisting that 
clauses protecting them against requests for bribes be inserted 
into business contracts.  Tax evasion, particularly by those who 
work in cash-based sectors has reportedly been heavy. 
 
11.B Bilateral Investment Agreements (Ana Maria please check 
this section and provide updated numbers for the remainder of 
the report). 
 
A. Spain has concluded bilateral investment agreements with 
Hungary (1989), Morocco (1989), Bolivia (1990), the Czech 
Republic (1990), Russia (1990), Argentina (1991), Chile (1991), 
Tunisia (1991), China (1992), Egypt (1992), Poland (1992), 
Uruguay (1992), Paraguay (1993), Philippines (1993), Algeria 
(1994), Honduras (1994), Pakistan (1994), Kazakhstan (1994), Peru 
(1994), Cuba (1994), Nicaragua (1994), Lithuania (1994), Bulgaria 
(1995), The Dominican Republic (1995), El Salvador (1995), Gabon 
(1995), Latvia (1995), Malaysia (1995), Romania (1995), Indonesia 
(1995), Venezuela (1995), Mexico (1995), Turkey (1995), Lebanon 
(1996), Ecuador (1996), Costa Rica (1997), Croatia (1997), 
Estonia (1997), India (1997), Panama (1997), Slovenia (1998), 
South Africa (1998), Ukraine (1998), the Kingdom of Jordan 
(1999),  Trinidad and Tobago  (1999), the Bolivian Republic 
(2001), Jamaica (2002), the Islamic Republic of Iran (2002), the 
Federal Republic of Yugoslavia (2002), Bosnia and Herzegovina 
(2002), Namibia  (2003), Albania  (2003), and  Uzbekistan  (2003) 
 
B. Spain and the United States have a Friendship, Navigation and 
Commerce (FCN) Treaty and a Bilateral Taxation Treaty (1990). 
Spanish officials have indicated that they would like to keep 
the FCN, despite indications that the EU Commission would like 
Member States to terminate bilateral FCN agreements. 
 
11.C OPIC and Other Investment Insurance Programs 
 
A. As Spain is a member of the European Union, OPIC insurance is 
not applicable. Various EU directives, as adopted into Spanish 
law, adequately protect the rights of foreign investors. Spain is 
currently a member of the World Bank's Multilateral Investment 
Guarantee Agency (MIGA). 
 
11.D Labor 
 
A. Employment estimates for 2004 show that there are about 19.2 
million Spaniards in the work force.  This figure is expected to 
climb to 19.5 million for 2005.  Meanwhile, unemployment 
continued 
its decrease from the 1994 high of 24.2 percent down to 10.54 
percent in third quarter of 2004.  Unemployment for women 
continues to be substantially higher than the male average, at 
14.38 percent compared to 7.87 percent.  Spain faces a shortage 
of 
high-tech workers for its IT sector, and of unskilled workers for 
its fishing and agricultural industries. 
 
B. Labor market reforms in 1994 and 1997  eased Spain's well- 
known labor market rigidities  but did not fundamentally change 
the difficult labor situation.  The result is  that one third of 
all employed Spaniards are classified as temporary hires. 
Spain's new socialist government promised to reform labor laws 
as part of their electoral program.  The government would like 
to move people from short-term contracts to regular employment 
status, but so far inducements to employers to make this happen 
have not been implemented.  The government recognizes that labor 
market reform is essential to increasing productivity, which 
Spain needs to do as it faces competition from lower-wage EU 
accession countries.  Collective bargaining reform should be 
part of this effort, but so far this has not happened either. 
In early 2005, for instance, the Spanish government approved 
indexing the minimum wage to inflation.  The unions supported 
this position and employers accepted it, albeit 
unenthusiastically with some employer representatives 
questioning the decision. 
 
C. Collective bargaining is widespread in both the private and 
public sectors. Sixty percent of the working population is 
covered by collective bargaining agreements although only a 
minority (generally estimated to be about 10 percent) are 
actually union members.  Under the Spanish system, workers elect 
delegates to represent them before management every four years. 
If a certain proportion of those delegates is union-affiliated, 
those unions form part of the workers' committees.  Large 
employers generally have individual collective agreements.  In 
industries characterized by smaller companies, collective 
agreements are often industry-wide or regional. 
 
D. The constitution guarantees the right to strike and it has 
been interpreted to include the right to call general strikes 
called to protest 
government policy. 
 
11.E Foreign-Trade Zones/Free Ports 
 
A. Both on the mainland and islands there are numerous free trade 
zones (in most Spanish airports and seaports) where 
manufacturing, processing, sorting, packaging, exhibiting, 
sampling and other commercial operations may be undertaken free 
of any Spanish duties or taxes.  The largest free trade zones are 
in Barcelona, Cadiz and Vigo.  Others vary in size from a simple 
warehouse to several square kilometers.  Spanish customs 
legislation allows for companies to have their own free trade 
areas.  Duties and taxes are payable only on those items imported 
for use in Spain. These companies have to abide by Spanish labor 
laws. 
 
11.F Foreign Direct Investment Statistics 
 
                              2001*          2002*          2003* 
(USD millions) 
Total new foreign 
direct investment 
in Spain                 29,353       29,671.3 
18,821 
 
U.S. direct investment 
in Spain                          4,297.2 
15,059.4                 5,954 
 
U.S. share of total 
direct invest. (%)                     14.64 
50.75                          31.11 
 
Total new Spanish 
investment abroad               40,880       39,435 
27,530 
 
Spanish investment in U.S.         1,553.7 
1,354.76         1,754 
 
U.S. share of total 
Spanish invest. (%) 
3.80                3.44                6.37 
 
New Foreign Direct Investment in Spain (2003*): by country of 
origin 
 
     U.S.                31.11percent 
     The Netherlands     13.93 percent 
     Germany              3.69 percent 
     United Kingdom       13.87 percent 
 
     France               3.40 percent 
     Luxembourg           7.96 percent 
     Canada               9.92 percent 
     Italy                5.7 percent 
     Sweden                2.49 percent 
     Other EU countries   1.91 percent 
 
New Foreign Direct Investment in Spain (2003*): by industry 
sector destination 
 
     Food and Beverage               0.42 percent 
     Electric Energy Production      3.13 percent 
     Manufacturing                   9.83 percent 
     Commerce                         3.10 percent 
     Transportation and Communication  12.54 percent 
     Banking and Insurance            2.12 percent 
     Real estate and services         7.06 percent 
     Company Management and 
          Share Holding              53.69 percent 
     Others                           4.96 percent 
 
Source: Directorate General of Foreign Trade and Investment, 
Ministry of Industry, Tourism and Trade 
Note (*): data are not comparable with previous investment 
figures for previous years.  It is a new concept that corresponds 
to Registered Gross Investment discounted: a) acquisitions of 
shares and stakes in Spanish companies from other non-residents; 
and b) multiple accounting for the same investment as a result of 
business group restructuring in Spain. 
 
11.G Major Foreign Investors 
Foreign investment has played a significant role in modernizing 
the Spanish economy over the past 35 years.  Attracted by Spain's 
large domestic market, export possibilities and growth potential, 
foreign companies in large numbers have set up operations. 
Spain's automotive industry is almost entirely foreign-owned. 
 
Multinationals control half of the food production companies, a 
third of chemical firms and two-thirds of the cement sector. 
Several foreign banks have acquired networks from Spanish banks, 
and foreign firms control close to one third of the insurance 
market.  In 2003, Spain recorded USD 18.8 billion in new foreign 
direct investment, a decrease of 36.57 percent compared with 
investment in 2002.  In 2003, the non-European OECD countries 
were the largest investors accounting for  41.09 percent.  By 
countries, the largest investors were the United States, the 
Netherlands, the United Kingdom, France, 
Luxemburg, Canada, Germany, Italy, and Sweden. 
 
 
 
MANZANARES