south asia regional initiative for energy integration
TRANSCRIPT
South Asia Regional Initiative for Energy Integration (SARI/EI)
Draft Terms of Reference of the 2nd TF-1 study on“ Regional Investment Policy Guidelines and Investment Framework for
promoting investment in Power Sector and Cross Border Electricity Trade Infrastructure Power Projects in South Asian Region ”
Combined Meeting of SARI/EI Task Forces
5th - 6th August, 2015 at New Delhi, India
8/4/2015 Combined Meeting of Task Force/TOR/IPG/ /RAJIV/SARI/EI/IRADE/ 1
Rajiv Ratna PandaSARI/EI/IRADe
Outline of Presentation
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1
2
Back Ground
Objective of the study
3 Terms of Reference (TOR) of the Study
4 Deliverables
5 Timeline
Back Ground
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Back Ground
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Being Capital Intensive, Large Scale Investment is required.
Most of the countries have undertaken policy reforms and are encouraginginvestment.
Significant Cross Border Electricity Trade projects are being kick started.Bangladesh is stepping up its power import targets to 7000 MW.
Bangladesh has shown interest for making investment in hydro Power Projectsbeing developed in Nepal and Bhutan (Regional Investment). SAARC has conductedprefeasibility studies for Regional /Sub-regional Power Plant.
Inadequate large scale domestic finance (Lack of a robust integrated capital market inSAARC region). Need to leverage all source of finance for infrastructure(power)projects.
Need to create an investor friendly policy environment for promotion and protection of Investment. Draft SAARC agreement on promotion and protection of investment.
Source: http://www.thefinancialexpress-bd.com/2015/03/22/85970
Objective of the Study
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Objective of the Study
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The Key objective of the study is to :1) Review and Analyze the Current Investment Scenario/Investment trends
in South Asia and review the various Investment related prevailing Policies/Guidelines/Regulations/Frameworks prevailing in each South Asian Countries (SAC) related to Power Sector and Cross Border Electricity Trade
and
“ 2)Assess its impact on the investment in South Asian Power Sector and in particular on the Cross Border Electricity Trade Projects and
3) Develop an Regional Investment Policy Guidelines (IPGs) and a Regional
Investment Framework for Promoting Investment in South Asian
Power Sector (SAPS) particularly in Cross Border Electricity Trade Infrastructure Power Projects (CBETIPPs).
Scope of Work /Terms of Reference (ToR) of the Study:
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Scope of Work /Terms of Reference (ToR) of the Study:
Combined Meeting of Task Force/TOR/IPG/ /RAJIV/SARI/EI/IRADE/ 88/4/2015
1.Review and Analyze the current investment scenario and investment trends in South AsianPower Sector (SAPS) and in particular on the Cross Border Electricity Trade Projects.
3.The above review and analysis will also include the variousLaws/Regulations/Policies/Provisions related to environment, Land Acquisition, Competitionlaws/policies, Trade policies, Taxation Policies, Corporate Tax Regimes, Royalty Regimes,Contract enforcement & Dispute Settlement Mechanisms, Policies related to Investmentpromotion & facilitation, Rehabilitation and Resettlement policies, etc. and its impact oninvestment in South Asian Power Sector and in CBETIPPs.
2.Review and Analyze Investment related policies/guidelines/regulations/frameworks etc.prevailing in each south Asian countries including FDI policies ,fiscal benefits, Incentives forInvestors (both domestic and foreign),standards for investment protection, security ofinvestment, policies on private sector participations and policies on Public PrivatePartnership (PPP) etc. related to in South Asian Power Sector (SAPS) and in particular on theCross Border Electricity Trade Projects.
Scope of Work /Terms of Reference (ToR) of the Study: Contd.
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5.The review & analysis of investment policies/guidelines/regulationsshould cover specially on energy resources development particularlyrelating to Hydro power resource and associated transmissionInfrastructures.
6.Analyze the international best practices on investment policies/guidelines/regulations and institutional mechanisms for promotinginvestment and suggestion/ recommendation on the same.
4. Assess & Analyze the key concerns/issues of Investors, Lenders,MDBs, Project Developers for making investment in South AsianPower Sector and in particular in the CBETPs.
Scope of Work /Terms of Reference (ToR) of the Study: Contd.
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7.Based on the above review & analysis, develop a template covering
investment policy guidelines/regulations etc. containing a framework on keyingredients required for promoting investment in SA region/ CBETPPs.
9.Based on the above detailed analysis of various investment
policies/guidelines/regulation, suggest/ recommend the keyamendments/changes required to be made on the same to promote investmentin the SA region/ CBETIPPs.
8.Based on the above detailed analysis , develop an Regional Investment Policy
Guidelines and a regional investment framework for promoting investment inSA region/CBETPPs.
Scope of Work /Terms of Reference (ToR) of the Study: Contd.
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10.Prepare a time bound, practicable and doable strategy and roadmap (both
regional and each country wise) for implementation/adoption of suggestion /recommendations among SA countries.
Deliverables:
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Deliverables:
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Deliverable
1
• Detailed Draft report on findings covering of the review and analysis of the investment policies/guidelines/regulations prevailing in South Asian Countries (SAC) and its impact on the investment in South Asian Power Sector and CBETIPs, Review of the international best practices etc. as per the TOR.
Deliverable
2
• Template covering investment policies/guidelines/regulations containing a framework on key ingredients for promoting investment in Power Sector in South Asian Countries and in CBETPPs.
Deliverable
3
• Detailed report on Key amendments/changes required to be made in investment policies/guidelines/regulations of each SA countries for promoting investment.
Combined Meeting of Task Force/TOR/IPG/ /RAJIV/SARI/EI/IRADE/
Deliverables:
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Deliverable
4
• Regional Investment Policy Guidelines and Investment Framework for promoting investment in SA region/CBETPPs.
Deliverable
5
• Time bound, doable strategy and roadmap (both regional and each country wise) for implementation/adoption of suggestion and recommendations among SA countries.
Deliverable
6
• Final Report of the Study .
Combined Meeting of Task Force/TOR/IPG/ /RAJIV/SARI/EI/IRADE/
Time Line
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Time Line
Combined Meeting of Task Force/TOR/IPG/ /RAJIV/SARI/EI/IRADE/8/4/2015 16
Time Line:
Tentative time line of the study is 6-8 months.
SARI/EI
Discussions and Suggestions
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Thank You
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Supporting Slides
Investment Scenario: Power Sector FDI in Bangladesh
38.51
58.467.3
69.82
45.58
4.2
5.1 5.2
4.4
3.0
0.0
1.0
2.0
3.0
4.0
5.0
6.0
0
10
20
30
40
50
60
70
80
2010 2011 2012 2013 2014
Bangladesh: FDI Inflows (Net) in Power Sector in Million USD
Power Power Net FDI in (% of Total Net FDI Inflows)
Sources: Bangladesh Central Bank www.bangladesh-bank.org
Net FDI Inflows in Power Sector increased from 2010 till 2013 but declined in the year 2014.
FDI stocks in power as on end December ,2014 -Million US$ 592.51 (6.33 % of the total FDI stock )
0
500
1000
1500
2000
2500
End ofDecember
2010
End ofDecember
2011
End ofDecember
2012
End ofDecember
2013
End ofDecember
2014
FDI
STO
CK
IN
MIL
LIO
N(U
SD)$
Trend –Major Sector Wise Cumulative FDI Stock
Agriculture & Fishing Power
Gas & Petroleum Food Products
Textiles & Wearing Pharmaceuticals & Chemicals
Cement Trading
Sources: Bangladesh Central Bank www.bangladesh-bank.org
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20
Investment Scenario : Energy Sector FDI in Nepal
4.75
1.23
3.00 2.76
11.19
0.00
2.00
4.00
6.00
8.00
10.00
12.00
2009-2010
2010-2011
2011-2012
2012-2013
2013-2014
in B
illio
n N
PR
Nepal Last 5 Fiscal Year-wise Sector-wise Trend of FDI
AGRO BASED CONSTRUCTIONENERGY BASED MANUFACTURINGMINERAL SERVICETOURISM
Energy sector receives highest FDI. Increasing Trends of FDI in Energy sector.
Nepal Earthquake : Requirement for Power Sector is -18.58 Billion NPR. (Public Sector -5.8 and Private Sector12.89 Billion NPR .
Private Sector Lead : On Generation 11.1 Billion NPR is expected from Private Sector
11.1 B NPR
(88% Total Generation
Requr.
1.8
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
Generation Transmission Distrbution CivilStructures
Contigencies
Nepal Post Earth Quake: Reconstruction Requirements ( Billion NPR)
Total Public Private
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Investment Scenario :Energy Sector FDI in Pakistan and FDI in Bhutan
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9.5
-10.3
2.04.3
17.9
-15.0
-10.0
-5.0
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
-200.0
-100.0
0.0
100.0
200.0
300.0
400.0
500.0
600.0
2010-11 2011-12 2012-13 2013-14 2014-15
Power ,Oil & Gas -Foreign Investment inflows in Pakistan($Millions)
Oil & Gas
Power
FDI Inflow in Power( % Total FDI Inflow)
FDI Inflow in Oil & Gas ( % Total FDI Inflow)
Source: Board of Investment Pakistan
FDI in Power Sector is on increasing trend even though there is a 58.2% decrease in Net FDI in2014-2015 as compared to 2013-14.
FDI in Bhutan increased till 2012 . FDI stock is on increasing trend.
0
20
40
60
80
100
120
140
160
180
0
10
20
30
40
50
60
70
80
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Bhutan FDI in Million USD
Bhutan( FDI Inflows in Million USD)
Bhutan( FDI Stock in Million USD)
22
Investment Scenario: FDI equity inflows in India
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SECTORS ATTRACTING HIGHEST FDI EQUITY INFLOWS
2012-13 2013-14 2014-15
(April- March)
2015-
2016(April,15-
May,15)
Cumulative Inflows (April
’00 - May ‘15)
SERVICES SECTOR **4,833 2,225
3253 48843202
CONSTRUCTION
DEVELOPMENT:TOWNSHIPS,
HOUSING, BUILT-UP
INFRASTRUCTURE
1,332 1,226 758 2
24066
TELECOMMUNICATIONS 304 1,307 2,895 364 17422
COMPUTER SOFTWARE &
HARDWARE 486 1,1262200 2273
17291
DRUGS & PHARMACEUTICALS1,123 1,279
1523 15913280
AUTOMOBILE INDUSTRY1,537 1,517
2570 100713390
CHEMICALS (OTHER THAN
FERTILIZERS) 292 878669 150
10487
POWER 536 1,066 657 1559712
METALLURGICAL INDUSTRIES1,466 568
472 748621
23
Foreign Investment Policy Regimes in South Asian Countries
Areas Bangladesh India Nepal Pakistan Sri Lanka Bhutan Maldivies
Repatriationof Profits
and tax onexpatriates
income
100% repatriation
of capital anddividends is
allowed
100% repatriation ofcapital, profits anddividend is allowed
after payment of tax
100% repatriation of
dividends and capital isallowed
100% repatriationof capital, dividend
and profits isallowed
i) 100% repatriation
of profits anddividend is allowed
ii) expatriatesincome is taxed at a concessional rate of 15% for 5 years
100% repatriation of
profits and dividend
subject to approval
100% repatrprofits and diallow
Minimumcapital
requirement
None US$2100 None Agriculture andinfrastructure:
$0.3mn
US$500,000 Manufacturing:US$$1Mn
Services: US$0.5 Mn
Non
EPZ statusYes, in some
designated areaYes, in some
designation area NoYes, in some
designated area Yes, country-wide
Protection ofForeign
Investment
i) Guaranteeagainst
nationalizationii) Internationalconvention forsettlement of
industrialdisputes
i) Settlement ofdisputes is govern bythe Indian Arbitration
Act 1940ii) UN Convention forthe recognition and
enforcement of foreignarbitral awards
i) Guarantee againstnational
ii) Dispute settlement
through mutualconsultations and
inaccordance with
thearbitration rules of
UNCommission on
International Trade Law
i) Guarantee againstnationalization
ii) Settlement ofdispute through the
InternationalCommission onSettlement of
InvestmentDisputes
i) Protection againstnationalization
under the bilateralinvestment
agreements andconstitutional
guaranteeii) International
Convention for theSettlement of
InvestmentDisputes
Outwarddirect
investment
All foreigninvestment
require priorapproval
Overall limit of $100million in one financial
year subject toapproval. Investmentby Indian nationals in
Pakistan was notpermitted under the
approval route.
Nor permission is given
for foreign investment for
Nepalese citizens except
by Only by government
notice
All foreigninvestment require
prior approval
All foreigninvestments require
prior approval.Priority to
investments whichpromote domestic
exportsStrict controls on allforeign investments
Strict controlforeign
inve
Source : IMF, Annual Report 2010 on Exchange Arrangements and Exchange Restrictions supplements by various country sources.
Foreign Investment Policy Regimes in South Asian Countries
Areas Bangladesh India Nepal Pakistan Sri Lanka Bhutan Maldivies
Limits onforeignEquity
Participation
Up to 51% in mostindustries;
Up to 24% in smallscale industries;
and 100% in export-oriented industries,power, electronic andsoftware technologyparks. Investment fromPakistan remainedprohibited until 1September 2012
100% foreign owned orjoint venture in all sectors,except for a negative list
industries
100% in all sectors.
100% in all sectors
74% in all sectors. 100 per cent equity share allowance in selected sectors is permitted.
100%
FiscalIncentives
i) Tax holiday for
7 yearsii) Tax
exemptionon royalties,interest on
foreign loans and
capital gains from
the transfers ofshares
iii) 5% importduty on capitalequipment andspare parts for
initial installation
i) Income tax holidayof 10 year for EPZ
firms and 5 year forother investors.
ii) Access to financefor export-oriented
industries atconfessional interest
ratesiii) Tax relief under
Avoidance of doubletaxation agreements
iv) 10 year income taxholiday for firmslocated in EPZ.
(i) Corporate tax rate forexport-oriented industries
is 8% of profit or0.5% of export earningsii) Corporate tax rate for
import competingindustries is 20%
iii) 2.5% duties on importsof M/E and spare parts
iv) 5-10% duties on mostindustrial intermediate
inputs refunded to export-oriented industries under
the duty draw back scheme
i) No custom duty
on imports of plant,
machinery &equipment
forexport-
oriented andhi-tech
industriesii) zero import
tariffon plant andmachinery
(notavailable locally)used for
agriculture
i) Exempted from
income tax oncapital gains
arisingfrom share transfersii) income
tax???iii) Duty draw
backfor export-oriented
industries
Selective taxexemption
No specifincenti
Source : IMF, Annual Report 2010 on Exchange Arrangements and Exchange Restrictions supplements by various country sources.
Investment Scenario : Intra Regional Investments in South Asia
26
Majority of FDI inflows are outside of Region.
Intra regional FDI has been limited.
Intra-regional investment constrained byrestrictive policies i.e. excluded sectors, equityrestrictions, lack of sufficient protection forinvestors, underutilisation of bilateralinvestment treaties and lack of strategicpromotion of intra-regional investment. (ADB andFICCI (2010).
However in recent past ,increase tendency inintraregional investment. In 2012 India investedUS $ 28 million in Bangladesh. Pakistan and SriLanka invested 9, 11 Million US $ inBangladesh.
Equity Financing : Total Equity Market sizeSAARC is US $ 716204 Million.
India has the highest equity turn overvalue US $690216 Million followed by Bangladesh (US $10693 Million ) and Pakistan (US $13675 Million)
Year Top 5 Sources of FDIShare of TOP 5 countries(%)
Share of Traditional
OECD countries(%)
No of Identified
source countries
India2010-2011
Maurititus, Singpaore,USA,Japan,Net
herlands65.4 27 100
Bangladesh 2010-2011
UK,USA,Hong Kong,South Korea and Egypt
61.3 51 44
Pakistan 2010-2011
USA,UAE,UK,Hong Kong and China
57.6 61 33
Nepal 2010-2011
India, China,South Korea, Japa and Canada
67 22 25
Sri Lanka 2010 USA,Malaysia,UAE 62 NA NA
8/4/2015 Combined Meeting of Task Force/TOR/IPG/ /RAJIV/SARI/EI/IRADE/
Invest. from:
Invest. to: