Chapter five defines the authority and responsibility of the National Standardizing Body and other government bodies.
Chapter six lays down the principles of the state control and supervision on complying with the requirements of technical regulations, as well as the responsibility for violating the requirements of the law.
Chapter seven states that the process of developing technical regulations has to be financed by the state on a mandatory basis.
Chapter eight contains the provisional clauses, which states that the government bodies should adopt and publish those technical regulations, which envisage complying on a mandatory basis with the standards that ensure the quality of products, processes and service, security, protection of human life, protection of the health, property and environment. With this respect it will be significant to employ, whenever developing the technical regulations, the directives issued by the countries that are members of the European Union.
Chapter nine defines the amendments that have to be made into Georgian legislation after this law becomes effective.
The Law of Georgia "On Technical Barriers to Trade" should initiate the practical efforts towards the preparation, adoption and application of the technical regulations, which will be step forward towards setting up voluntary standardization system that is one of the attributes of modern market relationships.
The Georgian Export Promotion Agency was set up by the Georgian Government and the European Union's Technical Assistance Programme TACIS with the principal aim of assisting Georgian companies to increase exports and thus to stimulate an improvement in the country's trade balance. The GEPA was established in April 1999. Since then, the German Government's Technical Assistance Programme GTZ (Deutsche Gesellschaft fur Technische Zusammenarbeit GmbH) has also invested in the agency both in its personnel and in its activities.
GEPA supports Georgian business interests in the global marketplace, assists in forging business alliances, facilitates establishment of international business relationships. GEPA provides comprehensive information on business opportunities both for Georgian and overseas companies.
Export Information Center. GEPA Export Information Centre (EIC) promotes Georgian companies and their products on the global marketplace. It offers the services of two Georgian business information officers and a librarian who work in cooperation with specialists from EU countries. The EIC holds a wide range trade information resources including reference materials, manuals and textbooks on exporting, sector related journals from overseas, CD-ROM and online databases, information on local and foreign markets, trade regulations and has wide access to trade leads databases.
The EIC services include but are not limited to:
Providing market information to Georgian exporters
Introducing Georgia and Georgian products to companies around the world
Assisting foreign companies in sourcing products in Georgia
Offering online trade leads both for Georgian exporters and overseas importers
Assisting Georgian companies in developing an export marketing strategy
Overseas Exhibitions and Trade Missions. GEPA is actively involved in preparing overseas business visits for Georgian business groups to meet with new trading partners; we also prepare and part finance Georgian sectors' participation at international exhibitions. Many foreign delegations, commercial and governmental, pay a visit to our agency during their visits to Tbilisi. Study tours for sectors with potential have been organized to Canada, UK and Germany.
With financial assistance from the German government's technical assistance programme, GTZ, GEPA part-finance participation of Georgian exporters in overseas trade shows/exhibitions. GEPA/GTZ have already assisted companies to take part in exhibitions in Germany, France, Italy and the Middle East.
Conditions for participation are that export products must be of export quality, prices examined by German specialists and a group of a minimum of three producers from one sector participates in each exhibition.
Training Center. GEPA offers a wide range of export training courses to Georgian businessmen, civil servants, and commercial banks, on subjects ranging from export pricing to utilizing e-commerce in exporting. All courses are taught by international and Georgian specialists in their given fields of specialization.
A new Training Programme that Georgian Export Promotion Agency offers to Georgian companies differs considerably from the Programme already conducted by GEPA within the framework of previous TACIS project. It includes an In-Company Training that is designed to meet the training needs of companies participating in GEPA's Export Development Program.
Customized programs have been developed for specific companies to increase the professional skills of company managers and staff and thereby help them improve their export activities. In-company training is considered as part of the consultancy service provided by GEPA to existing exporters and to companies with the potential to export. Format and content of training depends on business features of individual companies. Mostly practical exercises and case studies have been used to achieve the best results.
Alongside in-company training, GEPA continues to offer general training in Export Marketing, Export Promotion, Strategic Business Planning etc.
GEPA hopes that new arrangements run in the field of training, will be of real assistance to Georgian companies in enhancing their export marketing activities and in achieving increased export orders.
Publications. GEPA staff prepares a variety of publications for both Georgian exporters and overseas companies. These publications include Export Newsletter, Market Briefs, Fact Sheets and the Directory of Georgian Exporters. Recently a brochure on Georgian viticulture and winemaking was prepared in corporation with the Institute of Viticulture.
Export Newsletter. Export Newsletter is available both in print and electronic formats on our website. It is circulated to Georgian companies and international organizations. It includes information on opportunities outside Georgia for exporters, case studies on successful Georgian and foreign companies and an update on any changes in Georgian, and foreign legislation, which may affect exporters. It also advises of forthcoming exhibitions and incoming buying missions from overseas.
Market Briefs. Market Briefs are prepared in Georgian and are available for Georgian companies interested in specific industries and markets. Market briefs prepared to date are as follows:
1. UK Wine Market
2. Pipes' Market in Italy
3. Organic Food market in Germany
4. UK Nuts Market
5. Timber Market in Germany
6. UK Tea market
7. Intellectual Property - overview
8. EU Fertilizer Market
9. USA and EU Markets for Essential Oils
10. Wine Market in Japan
11. Mineral Waters in Japan
Sample Market Brief: Wine Market in Japan
Sample Market Briefs: Mineral Waters in Japan
Removing Administrative Barriers to Investment in Georgia. FIAS (Foreign Investment Advisory Service, a joint service of the International Finance Corporation (IFC) and the World Bank) conducted a study of administrative barriers to investment in Georgia. The principal counterpart for this project was the Presidential Commission on Support of the Private Businesses in Georgia. The Presidential Commission on Support of Private Businesses is the lead counterpart for this project (for more details refer to Paragraph 1.3.1 describing the activities of Foreign Investment Advisory Council - FIAC). The main objective of this study was to identify the major administrative impediments to investment and to recommend the steps for streamlining, simplifying and increasing transparency in order to help improve the environment for business in Georgia. Although the primary focus of the study was foreign investment, the administrative procedures and regulatory framework affect domestic investors as well. Therefore, applying the principle of national treatment (i.e. no preferential treatment for foreign investors), this study is intended to help strengthen the business environment for all investors—domestic and foreign alike.
The study covers the core administrative processes for:
· Establishing a business - including investor entry (visa and residency requirements for expatriates) and business registration.
· Locating a business - including land acquisition, site development, construction and operation.
· Operating a business - including taxation, trade regime and customs, licensing, permits, inspections, intellectual property issues, and product standardization.
Establishing a Business—Investor Entry and Business Registration. The procedures for obtaining entry visas are relatively transparent and present no significant administrative impediments. Most notably, foreign investors and expatriate employees do not require special work or residence permits to live and work in Georgia.
The court registration procedures have been simplified in the past 2 years. However, because of the lack of technical and human capacity, court registrars are unable to fulfill the provisions of the Law on Entrepreneurs aimed at guaranteeing timely service, ensuring public availability of information on companies, publishing data on newly registered companies, and protecting company names. The most pressing issues relate to length of time required to register (2 to 3 weeks) and to retrieve information on companies.
The principal recommendations for improving the business registration process and the access to company records include:
· Modernization of the registration and data filing systems by taking advantage of new technologies (including the internet) to speed up processing and to improve the access to information, as provided under the law.
· Centralization of the court registration system.
· Publication and dissemination of information on business registration procedures, requirements and fees.
· Resolution of the legal provisions for information disclosure under the Law on Entrepreneurs and the Tax Code.
Locating a Business. Locating, acquiring and constructing or rehabilitating real estate for business activities are not perceived as significant problems by either foreign or domestic investors in Georgia. The current system may not pose an overwhelming difficulty for investors because of the low volume of transactions and the institutionalized system of unofficial payments and influence peddling to facilitate the process. However, there are a number of specific areas where regulations, requirements, and procedures need to be clarified, simplified and streamlined. The report includes a number of detailed short and long-term recommendations for strengthening the laws related to the privatization of agricultural land and improving the quality of service provided by the various bureaus responsible for processing the permits necessary for property development and construction in Georgia.
One of the principal recommendations relates to the Law On Privatization of Agricultural Land. The set of laws on privatization of real estate exclude a legal basis for privatization of large agricultural holdings, all of which are presently held under government leases. To the extent that investment in commercial scale agriculture is viewed as having significant potential in Georgia, privatization of larger agricultural holdings is an appropriate next step. A law on privatization of large agricultural holdings is being developed and is an element of the government’s longer-term plan for further development of property relationships.[1] Enactment of this law should be a priority.
Operating a Business - Tax Administration. On the basis of interviews with representatives of the private sector, government officials, and technical assistance experts, it appears that the tax administration system is fraught with problems that seriously constrain the activities of private enterprises. The recurring themes voiced by the private sector as being burdensome for business included the complexity of the tax system, the lack of clarity in some aspects of the Tax Code and the sheer number of taxes itself. Foreign-owned enterprises seem to be particularly affected under the existing system. In keeping with the scope of this study, the discussion is focused on taxation administration. Recommendations on tax policy are confined to those issues that directly affect administrative procedures and impede business activity. It should be noted that the International Monetary Fund, the World Bank and USAID are currently providing assistance to the Government of Georgia on taxation policy issues.
The main recommendations include the following (for more detailed discussion of tax issues please refer to the next paragraph - "1.4 Tax Regime"):
· Adopt and implement the proposed amendments to the Tax Code. These proposed amendments cover a number of policy and tax administration issues. They are broadly in line with IMF recommendations, except the Government proposal for the fixed tax and the elimination of the payroll tax.
· Simplify the procedures for filing VAT. The proposed measures include allowing quarterly, rather than monthly filings for small businesses.
· Establish an effective tax-refund system. The International Monetary Fund has outlined a refund strategy that includes limiting entitlement to immediate refunds, distinguishing claimants with a history of compliance, and using pre-refund audits for high-risk refund claims and post-refund audits for claims of lesser risk.
· Review the micro level target-based system for tax collection. It is important to distinguish between the fiscal macro targets which are an important aspect of revenue administration and micro or firm-level targets which are often arbitrarily established within tax jurisdictions. These targets must be realistic and they should be part of a number of efficiency and effectiveness indicators.
· Improve information compilation and dissemination. Taxpayers must be informed of changes in the Tax Code and related regulations, legal interpretations, and instructions in a timely manner. Also, a credible resource must be established to respond to queries offer binding interpretations of the Tax Code.
Operating a Business – Customs. The State Customs Department (SCD) operates an inland clearance system that requires considerable resources and logistical support for effective control of cargo. In practice, the current system is largely ineffective and prone to fraud and corruption. There is no compendium of the legislation on customs available to the customs service employees or the public. In the absence of common information and an official interpretation of the rules and regulations, the discretionary authority of individual customs officers and offices is strong thereby facilitating corruption. There is significant leakage of cargo transported for inland clearance. Some sources estimate that as much as 50 percent of fuel and cigarette imports are diverted.
Management of the SCD has suffered as a result of frequent changes in the management. Efforts to reform the SCD have been impeded by the lack of political will, competing political agendas, and the frequent changes in leadership. Under these circumstances, the inputs of external advisers have been marginalized and the reforms implemented by previous chairmen have been reversed in many instances. The detailed action plan prepared under the ITS contract and endorsed by the government has been stalled with only marginal progress. The customs reform committee established by the President to lead the reform effort has met irregularly.