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Viewing cable 06MANAMA568, BAHRAIN: INVESTMENT CLIMATE STATEMENT 2006
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| Reference ID | Created | Released | Classification | Origin |
|---|---|---|---|---|
| 06MANAMA568 | 2006-04-08 12:17 | 2011-08-24 01:00 | UNCLASSIFIED | Embassy Manama |
VZCZCXRO7018
PP RUEHDE
DE RUEHMK #0568/01 0981217
ZNR UUUUU ZZH
P 081217Z APR 06
FM AMEMBASSY MANAMA
TO RUEHC/SECSTATE WASHDC PRIORITY 4373
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RHMCSUU/DEPT OF ENERGY WASHINGTON DC PRIORITY
RUCPDOC/USDOC WASHDC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 4374
UNCLAS SECTION 01 OF 12 MANAMA 000568
SIPDIS
SIPDIS
STATE FOR EB/IFD/OIA, NEA/ARPI
STATE PLEASE PASS TO USTR FOR JBUNTIN
E.O. 12958: N/A
TAGS: ECON EINV EFIN ETRD ELAB KTDB OPIC PGOV USTR
BA
SUBJECT: BAHRAIN: INVESTMENT CLIMATE STATEMENT 2006
REF: 05 STATE 202943
----------------------- ----------
A.1 Openness To Foreign Investment
----------------------- ----------
Bahrain is widely considered to be one of the most open
countries in the region and generally follows an open-market
philosophy. The country has been able to make significant
progress in its ongoing process of economic liberalization,
diversification of national income, and openness to
investment policies in recent years. Bahrain has already
amended existing legislation and promoted new laws aimed at
facilitating and encouraging foreign investment, and senior
government officials believe it is imperative to continue
working toward economic diversification and increase the
volume of investment in the services, tourism, industry, and
the financial sector. Officials make frequent public
statements citing the importance of foreign direct
investment, bolstering the private sector's role in the
economy, lessening the burden on government, and eventually
decreasing government subsidies.
The 2006 Heritage Foundation's "Index of Economic Freedom"
ranked Bahrain 25th, marking a decline from the previous
year's ranking of 20th. The ranking reduction was
attributable to the decline of its monetary policy score, as
a result of a 0.04 percent jump in its annual inflation rate,
and a decline of its IPR score, "upon more detailed analysis
and based upon the fact that the judiciary is not fully
independent from the King." The Index rated Bahrain as
"mostly free." Even so, the Heritage Foundation recognizes
Bahrain as "the freest (economy) in the region."
The United Nations Conference on Trade and Development's
(UNCTAD) World Investment Report 2005 ranked Bahrain as the
highest and best among all Arab countries for its FDI
performance, noting an FDI influx of $865 million in 2004, a
41.1 percent increase from 2003, and third among all Arab
countries for its potential FDI performance.
The UN Economic and Social Commission for Western Asia
(ESCWA), recognized Bahrain's 7 percent rate of real economic
growth in 2005, partially attributable to a strong surge in
oil prices, as the highest in the Arab world.
The Government of Bahrain is determined to actively increase
the entry of new private firms in an economy that has long
been dominated by parastatals (outside of the financial
services sector). Following the creation of a Supreme
Privatization Council in the spring of 2001, the King of
Bahrain, Shaikh Hamad bin Isa Al-Khalifa, issued a decree in
October 2002 laying out guidelines privatizing
telecommunications, transportation, electricity, water, ports
and airport services, tourism, oil, gas and postal service.
Bahrain's Crown Prince, Shaikh Salman bin Hamad Al-Khalifa,
is also an outspoken proponent of privatization in Bahrain.
The Crown Prince was entrusted with the King's labor,
economic, and training/education reform initiatives in 2004
and assumed the Chairmanship of the Economic Development
Board (EDB). Following ministerial changes in January 2005,
the King issued Royal Decree No. 31 for 2005, amending
article 9 of 2000, delegating the national economic and
investment portfolio to the EDB, which had formerly served as
an economic think tank. Under the Chairmanship of the Crown
Prince, the EDB was entrusted with the implementation and
execution of a three-tiered reform initiative, focusing on
labor, economic, and education reform. The EDB's main
strategic functions are to promote investment in key economic
sectors, support and encourage foreign investment, attract
foreign companies to establish a presence in Bahrain, support
and develop local entrepreneurial skills, simplify and
eliminate investment obstacles, and secure Bahrain's economic
leadership and competitiveness as a regional business and
commercial hub.
Following the King's decree to privatize
government-controlled sectors, the first key sector to be
liberalized was telecommunications, which ended the monopoly
of the 33.3 percent state-owned telecom service provider,
Bahrain Telecommunications Company (Batelco). Under
Legislative Decree 48, the Telecommunication Law of 2002
established the Telecommunication Regulatory Authority (TRA).
In accordance with article 15 of the Telecommunication Law,
the National Telecommunication Plan was issued in 2003. The
MANAMA 00000568 002 OF 012
plan serves as a guideline for the liberalization process and
addresses licensing opportunities, Universal Service
Obligations, the Bahrain Internet Exchange (BIX), Batelco,s
licensing activities, and the government's role in Batelco.
Under the National Telecommunication Plan, and in accordance
with the government's progressive elimination of Batelco,s
monopoly, an unlimited number of licenses could be issued in
ten areas of telecommunication service. However, the Plan
also provided for limitations on the number of licenses
issued for Bahrain Internet Exchange and mobile
telecommunications services. It stated, "In the mobile area,
one license will be issued to Batelco, and one further
license will be issued to a market entrant under the
provision that, in normal circumstances, further licenses
shall not be issued for a minimum of two years from date of
award." (MTC-Vodafone was granted the mobile provider license
in 2003.) According to TRA figures, as of January 2006 the
following telecommunications licenses were granted:
-- two Individual Mobile Telecommunication Licenses
-- ten International Telecommunication Facility Licenses (IFL)
-- twenty six International Telecommunication Services
Licenses (ISL)
-- five Individual National Fixed Service Licenses
-- eight VSAT Licenses
-- one Individual Paging Service Licenses
-- thirty Value Added Services (VAS) "Class" Licenses
-- one Individual Public Access Mobile Radio Service License
-- one Bahrain Internet Exchange License
-- sixteen Internet Service Provider Licenses (ISP)
-- two Frequency Licenses
-- three Temporary WiFi Frequency Licenses
Following the privatization of public transportation service
in 2003, CARS, a Bahraini-UAE joint venture, began operating
later that year with 41 new, air-conditioned, 52-seat buses.
This represented a $10 million investment in the local
economy.
The Kingdom's first independent power plant project (IPP) was
also successfully tendered and awarded to the equally-shared
Belgian-Gulf consortium Tractebel EGI and Gulf Investment
Corporation (GIC) to design, build, own, operate, and
maintain the 1,000MW-a-day, $498.4 million Al Ezzel
Independent Power Producer (IPP). Under the contract, the
government is to pay the amount in 20 years. The first
phase, with a production capacity of 400MW, is set to be
completed in April 2006. The second phase, with a capacity of
600MW, is projected to be complete by 2007. The project is
expected to create 120 jobs, 100 of them for Bahrainis. The
proposed network is part of a $26.5 million upgrade and setup
of new transmission grids, linking Al Ezzel station with the
government's main power network. The government also has
plans to expand its distribution network and award contracts
for three new sub-stations, in anticipation of the extra
electricity generated by the plant.
In January 2006, the $1.25 billion Hidd Power and Water
Station project was sold to an international business
conglomerate of British power supplier International Power,
Japanese Sumitomo Corporation, and Belgian electricity
company Suez Energy International (Suez Tractebel). The
privatization of Hidd Power and Water Station reinforces the
government's privatization strategy, which is aimed at
enhancing the private sector's role in Bahrain's development
process and fostering a positive business-based climate by
attracting more local and foreign investments.
A 25-year port management bid for the concession to operate
the Mina Salman port and the new Khalifa Bin Salman Port was
awarded to a consortium of Dutch-based APM Terminals and
Bahrain-based Yusuf Bin Ahmed Kanoo Holdings WLL in May 2005.
MANAMA 00000568 003 OF 012
Under the privatization law, the government's commitment to
gradually divest of its interests and stakes in certain
companies is intended to increase the private sector's
competitiveness. The Public Shareholding Directorate at the
Ministry of Finance contracted the consulting arm of UK-based
HSBC to carry out the consultancy and survey on the sale of
the government's shares in Batelco. Some National Assembly
lower house members (Council of Representatives) had
criticized the government's divestiture of the remaining
state holdings in Batelco. On January 8, 2006, the Cabinet
approved the formation of a $5.31 billion holding company to
control the government's commercial and investment interests
in 22 local and 9 foreign companies. The firm will have a
paid up capital of approximately $3.44 billion, and an
authorized capital of approximately $5.03 billion.
In support of Bahrain's status as a respected financial
center, the Bahrain Monetary Agency (BMA) meets the highest
international standards of financial regulation. The BMA,
Bahrain's central bank,, is the sole regulatory authority
for the Bahrain Stock Exchange (BSE). The Governor of the BMA
chairs the BSE Board of Directors, but the BSE operates as an
independent corporate entity. Dow Jones Indexes and the
Bahrain Stock Exchange launched the Dow Jones Bahrain Index
on July 5, 2005. Gulf Cooperation Council (GCC) firms and
citizens are permitted to own up to 100 percent of companies
listed on the BSE. Non-GCC firms/citizens may own up to 49
percent of listed companies. Under the terms of the
U.S.-Bahrain Bilateral Investment Treaty (BIT) and the
U.S.-Bahrain Free Trade Agreement (FTA), U.S. investors are
eligible for most-favored-nation treatment and national
treatment (or GCC) treatment beginning January 1, 2005, (with
an exception for any in-kind limitations applied to Bahraini,
GCC, or third national investors). If discrepancies occur,
U.S. firms/individuals are encouraged to contact the U.S.
Embassy.
In March 2004, as part of an effort to stimulate the
insurance industry and reinforce Bahrain's position as a
major insurance center in the Middle East, the Bahrain
Monetary Authority (BMA) lifted the requirement that foreign
insurance brokers and loss adjusters partner with a local
company. These foreign firms, which were previously required
to have at least 51 percent Bahraini-ownership, are now
permitted to operate with 100 percent foreign-ownership. The
BMA is holding consultations on further reform in areas such
as captive insurance, solvency, business conduct, risk
management and financial crime, enforcement, BMA reporting
and public disclosure, intermediaries, and Islamic insurance.
Legislation to transform the BMA into an internationally
recognized Central Bank is currently under study by the
government.
Taxation and import laws apply equally to Bahraini and
foreign-owned companies, and foreign investors must comply
with the same requirements and legislation, as do local firms.
In anticipation of the GCC Customs Union, Bahrain reduced
customs tariffs to five percent in January 2002 for imported
goods, with exceptions for alcohol (125 percent) and tobacco
(100 percent), and entirely exempted customs duties for a
list of 417 food and medical items. In December 2005, the
GCC agreed to extend until 2007 a transition period to unify
regional customs tariffs at 5 percent, compared to the
current 4 to 15 percent.
Bahrain requires that pharmaceutical products be imported
directly from a manufacturer with a research department and
that the products be licensed in at least two other GCC
countries, one of which must be Saudi Arabia. Drugs and
medicines may be imported only by a drug store or pharmacy
licensed by the Ministry of Industry and Commerce (MOIC)
after approval by the Ministry of Health. Bahrain prohibits
the importation of weapons (except under special license),
pornography, wild animals, radio-controlled model airplanes,
foodstuffs containing cyclamates, and children's toys
containing methyl chloride (and other articles declared
harmful by the Ministry of Health). Bahrain is also taking
steps to ban the import of 127 chemicals. In response to the
threat of Avian Influenza, Bahrain has banned the importation
of live birds. Bahrain currently imports poultry meat only
from those countries certified free of Avian Influenza by the
World Health Organization.
Bahrain has phased out subsidies for export industries, but
MANAMA 00000568 004 OF 012
permits duty-free importation of raw materials for export
products and of equipment and machinery for newly established
export industries. All industries in Bahrain, including
foreign-owned firms, benefit from government-subsidized
utilities.
Periodically, foreign firms experience difficulty obtaining
required work permits and residence visas for expatriate
employees due to the Bahraini government's efforts to promote
greater numbers of Bahraini citizens in the workforce.
However, this does not appear to be a matter of high-level
policy, and often can be resolved on a case-by-case basis.
Where problems occur, U.S. businesses are encouraged to apply
to the highest levels of the concerned ministries, and to
consult the U.S. Embassy. Furthermore, legislation reforming
Bahrain's labor market has been proposed and is currently
pending approval from Bahrain's legislative branch, the
National Assembly.
Bahrain offers several advantages to U.S. and other foreign
investors, including a Bilateral Investment Treaty with the
United States (in force as of May 2001) and a bilateral Free
Trade Agreement (FTA) signed in September 2004, and ratified
by both legislatures in 2005. FTA entry-into-force is
pending Bahraini implementing legislation in the area of
intellectual property rights (IPR).
The government actively seeks Bahraini and foreign private
investments in large infrastructure projects. Previously,
most such activity (other than hotels) was funded by
development agencies from other Gulf countries (particularly
Kuwait, UAE, and Saudi Arabia). Foreign-owned companies are
eligible for partial financing from the state-owned Bahraini
Development Bank (BDB), if they meet certain criteria such as
providing training and employment to a significant number of
Bahrainis. BDB's capitalization was increased from $26.5 to
$132.6 in 2005, part of government's effort to increase
funding for new businesses and investments, and offering
fast-track, loans to Bahraini entrepreneurs. The BDB has
also launched an Islamic Financing facility, reflecting the
growing demand for Islamic financial instruments and products.
------------------ -----------------
A.2 Conversion and Transfer Policies
------------------ -----------------
Bahrain has no restrictions on the repatriation of profits or
capital and no exchange controls. Bahrain's currency, the
Bahraini Dinar (BD), is fully and freely convertible at the
fixed rate of USD 1.00 = BD 0.377 (1 BD = $2.659). There is
no black market or parallel exchange rate. Foreign exchange
is readily available and a devaluation of the Bahraini Dinar
over the next year is highly unlikely. There are no
restrictions on converting or transferring funds, whether or
not associated with an investment. MPs have submitted a
proposal imposing a one percent increase of money transferred
out of Bahrain, claiming that an annual average of $39.8
million is transferred out of Bahrain.
----------------- ----------------
A.3 Expropriation and Compensation
----------------- ----------------
There have been no expropriations in recent years, and no
cases in contention. The U.S.-Bahrain Bilateral Investment
Treaty (BIT) protects U.S. investments by banning all
expropriations (including "creeping" and "measures tantamount
to") except those for a public purpose. In which case, it
must be carried out in a non-discriminatory manner, with due
process, and prompt, adequate, effective compensation.
----------------------
A.4 Dispute Settlement
----------------------
Bahrain has a long-established framework of commercial law.
English is widely used, and well-known international
(including U.S.) law firms, working in association with local
partners, provide expert legal services both nationally and
regionally. Fees are charged according to internationally
accepted practices. Although only a Bahraini lawyer can
argue in a Bahraini court of law, lawyers of other
nationalities can and do work on cases.
From May 2001, the U.S.-Bahraini BIT provides for three
MANAMA 00000568 005 OF 012
dispute settlement options: 1) submitting the dispute to a
local court; 2) invoking dispute-resolution procedures
previously agreed upon by the national or company and the
host country government; and 3) submitting dispute for
binding arbitration to ICSID (International Center for
Settlement of Investment Disputes) or any arbitral
institution agreed upon by both parties.
The GCC Commercial Arbitration Center, established in 1995,
serves as a regional specialized body providing arbitration
services. It assists in resolving disputes between GCC
companies or between other parties and GCC companies. The
Center implements rules and regulations in line with accepted
international practice. Thus far, few cases have been
brought to arbitration. The Center conducts seminars,
symposia, and workshops to help educate and update its
members of any new arbitration related matters. The Center's
contact details are as follows:
GCC Commercial Arbitration Center
P.O. Box 2338
Manama, Kingdom of Bahrain
Tel: (973) 17-214-800
Fax: (973) 17-214-500
Website: www.gccarbitration.com
Email: arbit395@batelco.com.bh
Arbitration procedures are largely a contractual matter.
Disputes are historically referred to an arbitration body as
specified in the contract, or to the local courts.
Increasingly, Bahraini companies, in dealings with both local
and foreign firms, include arbitration procedures in their
contracts. Most commercial disputes are resolved privately
without recourse to the courts or formal arbitration.
Bahraini law is generally specified in all contracts for the
settlement of disputes that reach the stage of formal
resolution. Occasional lawsuits against individuals or
companies for nonpayment of debts have been adequately
handled by Bahrain's court system. The guidelines laid down
by the International Chamber of Commerce (ICC) in Paris are
generally respected, and disputes have been occasionally
referred to arbitration at the ICC in Paris. Bahrain is a
signatory to the New York Convention of 1958 on the
Recognition and Enforcement of Foreign Arbitration Awards.
---------------------------- --------------
A.5 Performance Requirements and Incentives
---------------------------- --------------
There are no special performance requirements imposed on
foreign investors. This is reinforced by the U.S.- Bahraini
BIT, which forbids mandated performance requirements as a
condition for the establishment, acquisition, expansion,
management, conduct or operation of a covered investment.
Foreign and Bahraini-owned companies must meet the same
requirements and comply with the same environmental, safety,
health, and other labor requirements. Officials at the
Ministries of Labor and Industry and Commerce to supervise,
on a non-discriminatory basis, companies operating in
Bahrain.
Industries must be set up in identified industrial areas. An
Environmental Impact Statement (EIS) must be filed by all
manufacturing facilities. After one complete year of
operation, a manufacturing facility is eligible for relief
from tariffs imposed by other GCC states on imported goods.
------------------------------ -----------------
A.6 Right to Private Ownership and Establishment
------------------------------ -----------------
In principle, private entities may freely establish, acquire,
and dispose of interests in business enterprises, subject to
the limitations noted in this chapter.
The U.S.-Bahrain FTA was ratified in 2005. The agreement
seeks to expand and promote the scope of economic,
commercial, investment, and trade relations between the two
countries. Bahrain can benefit from increased investment in
the country, while U.S. investors in Bahrain will enjoy open
access to Bahrain.
The U.S.-Bahrain Bilateral Investment Treaty (BIT) provides
benefits and protection to U.S. investors in Bahrain, such as
most-favored-nation treatment and national treatment, the
MANAMA 00000568 006 OF 012
right to make financial transfers freely and without delay,
international law standards for expropriation and
compensation cases, and access to international arbitration.
The BIT guarantees national treatment for U.S. investments
across all sectors, with exceptions for ownership of
television, radio (or other media), fisheries, and
privatization of oil dredging or exploration. Bahrain also
provides most-favored-nation or national treatment status to
U.S. investments in air transportation, the buying or
ownership of land, and the buying or ownership of shares
traded on the Bahrain Stock Exchange (BSE). Where problems
occur, U.S. businesses are encouraged to apply to the highest
levels of the concerned ministries, and to consult the U.S.
Embassy.
Because of the national treatment offered American firms in
the Bilateral Investment Treaty (BIT), American firms
interested in selling products exclusively in Bahrain are no
longer required to appoint a commercial agent, though they
may opt to do so anyway. A commercial agent is any Bahraini
party appointed by a foreign party to represent the foreign
party's product or service in Bahrain.
Bahrain permits 100 percent foreign-ownership of new
industrial entities and the establishment of representative
offices or branches of foreign companies without local
sponsors. Wholly foreign-owned companies may be set up for
regional distribution services and may operate within the
domestic market as long as they do not exclusively pursue
domestic commercial sales. Private investment (foreign or
Bahraini) in petroleum extraction is permitted only under a
production-sharing agreement with BAPCO, the state-owned
petroleum company.
Since January 2001, foreign firms and GCC nationals may own
land in Bahrain. Non-GCC nationals may now own high-rise
commercial and residential properties, as well as property in
tourism, banking, financial and health projects, and training
centers, in specific geographic areas.
----------------- ---------------
A.7 Protection of Property Rights
----------------- ---------------
The Bahraini legal system adequately protects and facilitates
acquisition and disposition of property rights. The concept
of a mortgage exists, and there is a recognized and reliable
system of recording such security interests. However, there
is currently no mortgage law that guarantees lenders the
right to repossess property in case of mortgage non-repayment.
The U.S.-Bahrain FTA commits Bahrain to enforce world-class
IPR protection. Bahrain signed the Berne Convention for the
Protection of Literary and Artistic Works and the Paris
Convention for the Protection of Industrial Property in 1996.
Bahrain has joined the Patent Cooperation Treaty, Madrid
Agreement, WIPO Copyright Treaty, WIPO Performances and
Phonograms Treaty, the Rome Convention, the International
Convention for the Protection of New Varieties of Plants and
the Patent Law Treaty.
The Budapest Treaty, Trademark Law, and Convention Relating
to the Distribution of Programme-Carrying Signals Transmitted
by Satellite are currently before Parliament.
The following pending legislation will bring Bahrain's local
IPR legislation in compliance with WIPO and is awaiting
legislative approval:
-- trade secrets;
-- copyright and related rights;
-- designs of integrated circuits;
-- geographic indicators;
-- individual drawings and designs;
-- patents and utility models;
-- plant varieties;
-- trademarks.
The government's copyright enforcement campaign began late
1997 and was based on inspections, closures, and improved
public awareness. The campaign targeted the video, audio and
software businesses with impressive results. Bahrain has
been aggressive in combating video and audio piracy.
However, software piracy, which has shifted from retail to
end-user violations, remains problematic.
MANAMA 00000568 007 OF 012
There are no technology transfer requirements that force
firms to share or divulge technology through compulsory
licensing to a domestic partner, nor are firms forced to
commit to undertake research and development activities in
Bahrain.
------------------- -----------------
A.8 Transparency of Regulatory System
------------------- -----------------
In October 2002, Bahrain implemented a new government
procurement law that establishes the basic framework for a
transparent, rules-based government procurement system. It
provides that certain procurements may be conducted as
international public tenders open to foreign suppliers. To
implement this law, a tender board, chaired by a Minister of
State, was established in January 2003 to oversee all
government tenders and purchases. In the past,
government-tendering procedures for large projects were not
highly transparent. U.S. companies sometimes reported
operating at a disadvantage compared with other international
firms. Contracts were not always decided solely based on
price and technical merit, and selected, pre-qualified firms
were occasionally invited to bid on major government tenders.
As of January 2003, however, the Tenders Board processes all
tender decisions valued at $26,525 (BD 10,000) or higher.
Individual ministries and departments may still process
projects valued at less than $26,525 (BD 10,000). U.S. firms
report that the process is greatly improved over the previous
system, though some challenges remain. A local
representative with strong connections may still be important
in the bidding process.
In the case of manufacturing enterprises, bureaucratic
procedures and red tape created stumbling blocks mainly due
to the lack of coordination between government ministries,
which must sign off at one stage or another of the licensing
procedure.
In an attempt to streamline licensing and approval
procedures, the Ministry of Industry and Commerce opened the
Bahrain Investors Center (BIC) in October 2004 for both local
and foreign companies seeking to register in Bahrain.
This high-tech, customer-friendly and easy to find facility,
located in one of Bahrain's largest malls is part of a larger
effort by the government to attract firms to use Bahrain as
their "Gateway to the Gulf" by setting up regional operations
here. The BIC is designed as a "one-stop shop" providing all
commercial licensing and registration services. It houses
representatives from all relevant ministries (over a dozen)
and private sector representatives from the
telecommunication, legal, banking, and consulting industries
under one roof.
Officials from the Ministry note that the BIC can process and
issue 80 percent of commercial registration applications
within 24 hours and 10 percent of commercial registrations
within five working days. The remaining 10 percent, mostly
those having to do with health, environment, power and or
other essential services, are processed separately according
to sector specific regulations and licenses are issued on a
case-by-case basis.
Draft legislation is proposed by the Cabinet and by both the
lower house (Council of Representatives) and upper houses
(Shura Council) of the National Assembly. Once the
government produces a draft law and submits it to the lower
and upper houses of the National Assembly for approval, it is
then passed to the Cabinet for the King's signature. After
the King signs the law, the law is published in the Public
Gazette and it enters into force.
Entrenched local business interests with government influence
can cause problems for potential competitors. Interpretation
and application of the law sometimes varies by ministry, and
may be dependent on the stature and connections of an
investor's local partner, if one exists.
----------------------------- ------------------------
A.9 Efficient Capital Markets and Portfolio Investment
----------------------------- ------------------------
Consistent with the government of Bahrain's liberal approach
MANAMA 00000568 008 OF 012
to foreign investment, government policies facilitate the
free flow of financial resources. Foreigners and Bahrainis
alike have ready access to credit on market terms.
Generally, credit terms are variable, but often are limited
to 10 years for loans under $50 million. For major
infrastructure investments, banks will often offer to assume
a part of the risk, and Bahrain's onshore and offshore banks
have shown extensive cooperation in syndicating loans for
larger risks. Generally, Bahrain's banks are described as
hungry for solid investment opportunities.
The banking system is sound, and undergoes examination and
supervision by the Bahrain Monetary Agency (BMA), which has a
solid international reputation. Due to precautionary
measures taken by the New York headquarters of Citibank
during the last quarter of 2002, Citibank pulled about $30
billion from their Bahrain based offshore operations due to
"Operation Iraqi Freedom" (OIF). This resulted in an
apparent 33.4 per cent decline in Bahrain's offshore banking
units' (OBU's) March 2003 assets over March the previous year
($58.82 billion in 2003 compared with $88.4 in 2002). In May
2003, Citibank returned to Bahrain the $30 billion it had
pulled out due to OIF.
-----------------------
A.10 Political Violence
-----------------------
Bahrain experienced intermittent civil unrest in the mid
1990,s. These disturbances were directed primarily against
the government, but in a few cases expatriate property,
including homes, vehicles, and places of business were
damaged or destroyed, and several South Asian workers were
killed. Although the situation improved steadily after 1997,
the 2002 upsurge in violence between Israelis and
Palestinians sparked anti-Israeli and anti-American
demonstrations in Bahrain. The protests peaked in April 2002
when a mob attacked the U.S. Embassy and set fire to U.S.
Government vehicles. Since that incident, large-scale protest
activity has subsided. Youths rioted in downtown Manama on
December 31, 2002 and inflicted significant damage to public
and private property. The 2003 Iraq war sparked a few
political protests near the American and British Embassies in
which some private and government property was damaged.
In October 2003, the Bahraini Court charged 10 youths over
violent protests by a concert against a Lebanese singer whose
performance was deemed immoral by Islamists. Protesters threw
petrol bombs during pitched battles with police, damaging
private vehicles.
In March 2004, rioters protesting liquor sale attacked a
restaurant in Bahrain burning and damaging private owned
vehicles. Reportedly, the rioters also set two cars ablaze
and smashed windows of several vehicles. The foreign
co-owner of the restaurant estimated a $15,262 (BD 5,000)
worth of physical damage on the property.
The Bahrain Chamber of Commerce and Industry (BCCI) have
recently announced their intentions of forming a
business-lobby that advocates for and on behalf of the
private sector to defy extremism in the Council of
Representatives, the lower house of Parliament.
A number of sometimes violent demonstrations and protests
occurred in the last quarter of 2005 and in early 2006.
Demonstrators are demanding government action on several
social issues and the release of protesters arrested in
earlier clashes.
------------------
A.11 a. Corruption
------------------
According to U.S. firms, high-level corruption is sometimes
an obstacle to foreign direct investment and contracting,
particularly in the contract-bidding process and in operating
investments. In the case of some high-value contracts,
government-tendering procedures have not always been
transparent and contracts have not always been decided on the
basis of price and technical merit. However, petty
corruption is relatively rare in Bahrain. The bureaucracy is
sometimes inefficient but it is honest. Giving or accepting
a bribe is illegal, although the relevant laws are rarely
enforced. Officials have been dismissed for blatant
MANAMA 00000568 009 OF 012
corruption, but it is never so stated officially; no one has
been tried in court for corruption. The King and Crown
Prince have come out publicly in favor of reducing corruption
and some Ministries have initiated clean-up efforts to reduce
the problem. The expatriate business community is cautiously
optimistic that there is growing transparency in the
government procurement process. A new law to thoroughly
revamp government procurement procedures went into effect in
January 2003. Bahrain is not a signatory to the OECD
Convention on Combating Bribery.
----------------------------------
b. Bilateral Investment Agreements
----------------------------------
Bahrain and the U.S. signed a bilateral investment treaty
(BIT) in September 1999, the first BIT between the United
States and a GCC state. The agreement entered into force in
May 2001.
As of July 2003, Bahrain had bilateral investment protection
agreements in place with Algeria, China, Egypt, Jordan,
Malaysia, Morocco, Syria, Philippines and the UK. Bahrain
has economic and commercial cooperation agreements with
Australia, Bangladesh, China, Egypt, France, Greece, India,
Iraq, Jordan, Morocco, the Netherlands, Russia, Singapore,
South Korea, Syria, Tunisia, Turkey and the UK. Bahrain has
air transportation tax agreements with China, France, Greece,
Singapore, Turkey, UK, U.S. and Yemen, and two transportation
agreements with Syria. Bahrain has concluded double taxation
agreements with Egypt, France, India, Jordan, Malaysia,
Morocco, the Philippines, Thailand and Tunisia.
------------------------------ ----------------
c. OPIC and Other Investment Insurance Programs
------------------------------ ----------------
On April 25, 1987, Bahrain and the U.S. Government signed an
agreement regarding activity in Bahrain by the Overseas
Private Investment Corporation (OPIC). The agreement opened
the way for extension of such OPIC facilities as investment
insurance, reinsurance, and investment guarantees to U.S.
private investors interested in doing business in Bahrain.
--------
d. Labor
--------
The Bahrain labor force is estimated at 320,000, nearly
two-thirds of whom are expatriates. The government has
publicly recognized unemployment as a major social and
political issue. Although the government has not maintained
official unemployment statistics, the United Nations
Development Program (UNDP) estimates unemployment among
Bahrainis to be 15 to 20 percent and as high as 30 percent in
some Shiite villages. One of the government's primary
initiatives for combating unemployment is "Bahrainization,"
or the replacement of expatriate workers by national ones.
In 2002 the Government of Bahrain reserved certain
professions, including heavy vehicle drivers, for Bahraini
nationals.
Crown Prince Salman launched a national debate in 2004 that
was aimed at creating a new economic, labor, education and
training vision for the Kingdom.
Draft labor reform legislation is currently under review at
the National Assembly's Lower House. The legislation calls
for the establishment of a Labor Market Regulatory Authority
(LMRA) and a Labor Fund. The proposed reform effort would
establish a phased fee to be paid to the government by
employers of foreign workers.
In 2005, the government allocated approximately $80 million
for phase one of the King's National Employment Program (NEP)
that serves as a training fund for unemployed Bahrainis. The
government reported that almost 900 private firms took part
in this project by offering either training or recruitment
opportunities. At the close of the NEP registration period,
12,172 Bahrainis registered to participate in the program.
The government is seeking to establish Bahrain as a regional
center for human resource development. Bahrain has over 50
training institutes that offer training in a variety of areas
such as hospitality, information technology, business
studies, English language studies, and banking. Major
training institutes include the Bahrain Institute for Banking
and Finance (BIBF), Bahrain Training Institute (BTI), KPMG,
and the British Council. Both educational and vocational
training curricula have been criticized recently for not
MANAMA 00000568 010 OF 012
adequately preparing Bahrainis for the workforce. The
government is making concerted efforts to turn this situation
around.
Another major step that the government is undertaking is
development of the labor union movement. Unions first became
legal in 2002 and the government is in the process of
bringing its labor codes into compliance with ILO core labor
standards.
---------------- ----------------
e. Foreign Trade Free Zones/Ports
---------------- ----------------
Mina Salman, Bahrain's major port, provides a free transit
zone to facilitate the duty-free import of equipment and
machinery. The North Sitra Industrial Estate is an
industrial free zone and another one is planned for Hidd.
Foreign-owned firms have the same investment opportunities in
these zones as Bahraini companies.
A 1999 law requires that investors in industrial, or
industry-related zones launch a project within one year from
the date of receiving the land, and development will have to
conform to the specifications, terms and drawings submitted
with the application. Changes are not permitted without
approval from the Ministry Industry.
----------------- ---------------------
f. Foreign Direct Investment Statistics
----------------- ---------------------
Foreign investments in Bahrain range from partial foreign
ownership of large parastatals in the oil and
telecommunications sectors to restaurant franchises. As the
economy is virtually tax-free, the government does not
maintain detailed statistics of foreign direct investment
flows. The largest, by value, of foreign holdings in Bahrain
include:
-- Aluminum Bahrain (ALBA) and the Gulf Petrochemical
Industries Complex (GPIC), each of which are owned as joint
investments by several Gulf states.
-- The Arab Shipbuilding and Repair Yard (ASRY), which is
jointly owned by Bahrain, Kuwait, Saudi Arabia, the United
Arab Emirates, Qatar, Iraq (participation frozen) and Libya
(participation frozen).
-- U.A.E. based Majid Al Futtaim Investments are investing
$1.09 billion in the new Bahrain City Center Mall and
cineplex.
-- Bahrain National Gas Company (BANAGAS) is owned by
Bahrain, a Saudi investment firm and Caltex Bahrain.
-- Amwaj Islands tourism project is jointly owned by
Bahraini, Kuwaiti and Saudi corporate and individual
investors.
-- The $600 million tourism project of Al Areen Desert Spa
and Resort is owned by the Government of Bahrain, various
private investors and Gulf Finance House.
-- The development of the $1.3 billion Bahrain Financial
Harbor project, owned by Gulf Finance House, personal and
corporate GCC investors.
According to U.S. Embassy records, approximately 180 U.S.
companies were operating in one form or another in Bahrain as
of January 2006. U.S. investments in Bahrain are divided by
sectors, and are listed below:
Information Technology
-- In July 2005, Microsoft, Bahrain Training Institute
(BTI), Esterad Investment Company, Bahrain Internet Society
(BIS), and the Bahrain Institute of Technology and Bahrain
Development Bank, signed a $1.3 billion deal with the Bahrain
Financial Harbor development to co-market IT, upgrade skills,
and support services of the Bahrain Financial Harbor
Development. This project was endorsed by the Ministry of
Labor.
-- In November 2004, Microsoft Bahrain launched its new
'B-OnLine' initiative. The B-OnLine initiative is designed to
MANAMA 00000568 011 OF 012
address the obstacles faced by Bahraini SMEs in acquiring and
using the latest technologies for the benefit of their
day-to-day operations. Microsoft will work with the Ministry
of Commerce, Batelco, and Bank of Bahrain and Kuwait to form
an initiative consortium that will provide the necessary
advice and value-added services to facilitate the acquisition
of B-OnLine.
-- In March 2004, Microsoft and BDO Jawad Habib were awarded
Bahrain's e-investor project contract. The system offers
investors and potential investors an online one-stop-shop
government database of information and services.
-- Cisco Systems has entered into a significant technology
partnership with Bahrain's Amwaj Telecom, signed in September
of 2005, to provide next generation network infrastructure
for Amwaj Islands, Smart City, the technological backbone of
Amwaj Islands.
Construction/Engineering
-- Skidmore, Owings & Merrill LLP was selected by the Kingdom
of Bahrain to develop a set of comprehensive national
planning strategies and is preparing a strategy to address
and integrate Bahrain's physical, economic, social and
environmental development, focusing mostly on land-use and
development.
-- Great Lakes Dredge & Dock is performing dredging
operations in conjunction with the $464 million new Shaikh
Khalifa Port in Hidd Industrial area. A $105 million dredging
contract has also been awarded to US-Bahraini joint venture
Great Lakes - Nass (Great Lakes Dredge & Dock and Nass Group).
-- Parsons provided the design and supervising engineers for
a $26 million-flyover project in Bahrain's Seef area.
-- Binnie, Black and Veatch International Limited are the
consultants for Phase 3 of the Hidd (Power) and Desalination
Complex. The project was estimated to cost $400 million.
-- Turner International and Atkins are set to start
construction on the $1.5 billion Bahrain Business Bay. The
Four Seasons hotel will be the centerpiece of the
development, and is expected to be the tallest building in
Bahrain. Skidmore, Owings & Merrill has completed the master
plan for the first phase of the project, which is being
developed by Bahrain Bay Development, a joint venture between
Arcapita Bank and a Bahrain-based investment group.
-- General Electric Energy, Stone and Webster and Chicago
Bridge and Iron Company were among five companies that
participated in the feasibility study of Kuwait Finance
House's $1.3 petrochemical plant project. The planned
facility will be capable of providing total power capacity of
1,000MW per hour and 30 million gallons of water per day
while simultaneously producing seven key petrochemical
products. These include: 345,000 tons of ethylene dichloride
(EDC), 564,000 tons of caustic soda, 231,000 tons of propane,
150,000 tons of butane, and 44,000 tons of gasoline in
addition to some quantities of hydrogen and sulfur.
Approximately 255 million standard cubic feet per day of
natural gas will be required to operate the complex at full
capacity. The complex is expected to be completed by the
first quarter of 2008.
-- Bechtel was responsible for the Engineering Procurement
Construction and Management (EPCM) of aluminum smelter ALBA's
$1.7 billion fifth pipeline expansion project.
-- Parsons Global was appointed as consultants to the Bahrain
District Cooling Company (Tabreed Bahrain). The technology
is aimed at reducing electricity consumption in Bahrain by 70
percent.
Financial Services
-- The Bahrain Monetary Agency (BMA) has granted a license to
global insurance brokerage and consulting giant, Aon
Corporation, to establish Aon Re Middle East, an insurance
brokerage firm in Bahrain.
-- A joint venture between Bahrain-based Ithmaar Bank,
US-based Overland Capital Group, Bahrain-based Gulf Finance
House BSC, and Kuwait-based Gulf Investment House established
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The First Leasing Bank, with authorized capital of $50
million and paid-up capital of $10 million.
Health
-- Joslin Diabetes Center Affiliate - Bahrain (a partnership
between the Joslin Diabetes Center and local businessmen).
Joslin Diabetes Center Bahrain has injected a total of $9
million, and is expected to increase its investments with its
new expansion plans.
-- Accenture was awarded a contract to structure the Ministry
of Health's Information and Communication Technology Strategy
(ICT), revamping the Ministry of Health's management and
organizational structure, which will include interrelated
systems, functional, business, and administrative
requirements, as well as technical infrastructure
requirements. The Ministry of Health's E-Health project
initiative has yet to be finalized by the Ministry of Cabinet
Affairs.
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Web Resources
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http://www.buyusa.gov/bahrain/en/
http://www.bahrainedb.com/
http://www.bahraintenders.gov.bh
http://www.bahrainchamber.org.bh/english/main .htm
http://www.commerce.gov.bh/
http://www.bma.gov.bh/cmsrule/bmaindex.jsp
http://www.ustr.gov
MONROE