Doing Business 2019 Burundi Economy Profile Burundi Page 1 Doing Business 2019 Burundi Economy Profile of Burundi Doing Business 2019 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as post-filing processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Labor market regulation Flexibility in employment regulation and aspects of job quality Page 2 Doing Business 2019 Burundi About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of labor market regulation. Although Doing Business does not present rankings of economies on the labor market regulation indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational reports, which exhaustively cover business regulation and reform in different cities and regions within a nation. These reports provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business report, published in 2003, covered 5 indicator sets and 133 economies. This year’s report covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. More about Doing Business (PDF, 5MB) Page 3 Doing Business 2019 Burundi Ease of Doing Business in DB 2019 Rank Region Sub-Saharan Africa 190 1 Burundi Income Category Low income 168 DB 2019 Ease of doing business score Population 10,864,245 0 100 City Covered Bujumbura 47.41 DB 2019 Ease of Doing Business Score 0 100 77.29: France (Rank: 32) 70.31: Kenya (Rank: 61) 57.06: Uganda (Rank: 127) 51.61: Regional Average (Sub-Saharan Africa) 47.41: Burundi (Rank: 168) 36.85: Congo, Dem. Rep. (Rank: 184) Note: The ease of doing business score captures the gap of each economy from the best regulatory performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s ease of doing business score is reflected on a scale from 0 to 100, where 0 represents the lowest and 100 represents the best performance. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - Burundi 1 17 28 55 82 Rank 97 109 132 138 136 147 162 158 163 169 178 183 190 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Ease of Doing Business Score on Doing Business topics - Burundi 100 94.84 80 62.58 60.87 Score 60 55.14 47.34 43.33 42.97 40 30.61 26.45 20 10.00 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4 Doing Business 2019 Burundi Starting a Business This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and formally operate in each economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate To make the data comparable across economies, several assumptions about the a company (number) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. • Preregistration (for example, name verification or reservation, notarization) The business: • Registration in the economy’s largest business - Is a limited liability company (or its legal equivalent). If there is more than one type city of limited liability company in the economy, the most common among domestic firms • Postregistration (for example, social security is chosen. Information on the most common form is obtained from incorporation registration, company seal) lawyers or the statistical office. - Operates in the economy’s largest business city. For 11 economies the data are • Obtaining approval from spouse to start a business or to leave the home to register the also collected for the second largest business city. company - The entire office space is approximately 929 square meters (10,000 square feet). - Is 100% domestically owned and has five owners, none of whom is a legal entity; • Obtaining any gender specific document for has a start-up capital of 10 times income per capita and has a turnover of at least company registration and operation or national 100 times income per capita. identification card - Performs general industrial or commercial activities, such as the production or sale of goods or services to the public. The business does not perform foreign trade Time required to complete each procedure activities and does not handle products subject to a special tax regime, for example, (calendar days) liquor or tobacco. It does not use heavily polluting production processes. • Does not include time spent gathering - Leases the commercial plant or offices and is not a proprietor of real estate and the information amount of the annual lease for the office space is equivalent to the income per capita. • Each procedure starts on a separate day (2 procedures cannot start on the same day) - Does not qualify for investment incentives or any special benefits. - Has at least 10 and up to 50 employees one month after the commencement of • Procedures fully completed online are recorded operations, all of whom are domestic nationals. as ½ day - Has a company deed that is 10 pages long. • Procedure is considered completed once final document is received The owners: • No prior contact with officials - Have reached the legal age of majority. If there is no legal age of majority, they are assumed to be 30 years old. Cost required to complete each procedure (% of - Are sane, competent, in good health and have no criminal record. income per capita) - Are married and the marriage is monogamous and registered with the authorities. - Where the answer differs according to the legal system applicable to the woman or • Official costs only, no bribes man in question (as may be the case in economies where there is legal plurality), the • No professional fees unless services required by answer used will be the one that applies to the majority of the population. law or commonly used in practice Paid-in minimum capital (% of income per capita) • Funds deposited in a bank or with third party before registration or up to 3 months after incorporation Page 5 Doing Business 2019 Burundi Starting a Business - Burundi Standardized Company Legal form Société à Responsabilité Limitée (SARL) - Limited Liability Company Paid-in minimum capital requirement BIF 0 City Covered Bujumbura Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Procedure – Men (number) 3 7.4 4.9 1 (New Zealand) Time – Men (days) 4 23.3 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 10.7 44.4 3.1 0.0 (Slovenia) Procedure – Women (number) 3 7.6 4.9 1 (New Zealand) Time – Women (days) 4 23.4 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 10.7 44.4 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 0.0 10.0 8.6 0.0 (117 Economies) Figure – Starting a Business in Burundi and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 94.84: Burundi (Rank: 17) 93.27: France (Rank: 30) 90.24: Congo, Dem. Rep. (Rank: 62) 82.41: Kenya (Rank: 126) 78.52: Regional Average (Sub-Saharan Africa) 72.25: Uganda (Rank: 164) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 6 Doing Business 2019 Burundi Figure – Starting a Business in Burundi – Procedure, Time and Cost Time (days) Cost (% of income per capita) 4 8 3.5 7 Cost (% of income per capita) 3 6 Time (days) 2.5 5 2 4 1.5 3 1 2 0.5 1 0 0 1 2 3 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 7 Doing Business 2019 Burundi Details – Starting a Business in Burundi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit all documents to the one-stop shop (API) and obtain registration 1 day Cost included in certificate and the tax identification number procedure 2 Agency : Agence de la Promotion et de l'Investissement (API) The following documents need to be submitted at the Agence des Promotions des Investissements (API): 1. Application form for the creation of a new company (includes name of the company, type of company, address, initial capital, number of partners and their names, contribution of each partner) 2. Standard company statutes 3. Application form for registration with the Greffe of the Tribunal de Commerce 4. Application form for registration with the OBR to obtain the NIF 5. Photos of all partners 6. Copy of identities of all partners The applicant first deposits all these documents at the API. The applicant will then obtain a certificate of incorporation and a fiscal identification number (NIF) issued by the tax authority (Office Burundais des Recettes). In addition, the applicant can now complete the registration of the company with the National Institute for Social Security at the one-stop shop. 2 Pay the registration fees at the Commercial Bank cashier at API 1 day 140.000 BIF Agency : Representative of the Commercial Bank of Burundi (BANCOBU) in the one-stop-shop The applicant pays the registration fees at the Commercial Bank of Burundi (BANCOBU) located inside the one-stop shop. 3 Make a company seal 2 days BIF 20,000 Agency : Shops dealing with stamp making The company seal is not required by law but it is done in practice. Companies need it for their daily activities in order to authenticate their documents. Takes place simultaneously with previous procedure. Page 8 Doing Business 2019 Burundi Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in May 2018. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. • Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances, licenses, permits and certificates - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest business city. For 11 economies the data are also collected for the second • Submitting all required notifications and receiving largest business city. all necessary inspections - Is 100% domestically and privately owned; has five owners, none of whom is a • Obtaining utility connections for water and legal entity. Has a licensed architect and a licensed engineer, both registered with sewerage the local association of architects or engineers. BuildCo is not assumed to have any • Registering and selling the warehouse after its other employees who are technical or licensed experts, such as geological or completion topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse Time required to complete each procedure upon its completion. (calendar days) The warehouse: • Does not include time spent gathering information - Will be used for general storage activities, such as storage of books or stationery. - Will have two stories, both above ground, with a total constructed area of • Each procedure starts on a separate day— approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 though procedures that can be fully completed meters (9 feet, 10 inches) high and will be located on a land plot of approximately online are an exception to this rule 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the • Procedure is considered completed once final warehouse is valued at 50 times income per capita. document is received - Will have complete architectural and technical plans prepared by a licensed architect. If preparation of the plans requires such steps as obtaining further • No prior contact with officials documentation or getting prior approvals from external agencies, these are counted Cost required to complete each procedure (% of as procedures. income per capita) - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). • Official costs only, no bribes The water and sewerage connections: Building quality control index (0-15) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there • Quality of building regulations (0-2) is no water delivery infrastructure in the economy, a borehole will be dug. If there is • Quality control before construction (0-1) no sewerage infrastructure, a septic tank in the smallest size available will be installed or built. • Quality control during construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average • Quality control after construction (0-3) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 • Liability and insurance regimes (0-2) gallons) a day. • Professional certifications (0-4) - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 9 Doing Business 2019 Burundi Dealing with Construction Permits - Burundi Standardized Warehouse Estimated value of warehouse BIF 27,918,817.30 City Covered Bujumbura Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 15 14.7 12.7 None in 2017/18 Time (days) 70 145.7 153.1 None in 2017/18 Cost (% of warehouse value) 10.7 8.8 1.5 None in 2017/18 Building quality control index (0-15) 4.0 8.5 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in Burundi and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 79.30: France (Rank: 19) 63.49: Kenya (Rank: 128) 58.93: Uganda (Rank: 145) 58.59: Regional Average (Sub-Saharan Africa) 55.14: Burundi (Rank: 162) 53.67: Congo, Dem. Rep. (Rank: 165) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Figure – Dealing with Construction Permits in Burundi – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 70 3 60 2.5 Cost (% of warehouse value) 50 2 Time (days) 40 1.5 30 1 20 0.5 10 0 0 1 *2 3 4 5 6 7 8 9 10 11 12 13 * 14 * 15 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 10 Doing Business 2019 Burundi Figure – Dealing with Construction Permits in Burundi and comparator economies – Measure of Quality 15 14.0 Index score 10 9.0 8.0 8.0 8.5 5 4.0 0 Burundi Congo, Dem. Rep. France Kenya Uganda Sub-Saharan Africa Details – Dealing with Construction Permits in Burundi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Obtain a geotechnical study 14 days BIF 600,000 Agency : National Laboratory for Building Construction and Public Works (Laboratoire National Du Bâtiment et des Travaux Publics) Fees are based on a maximum calculation (Maximum d'essais), which comprises all the verifications the National Laboratory of Construction and Public Works has to do. 2 Obtain a topographic survey of the land 2 days BIF 175,000 Agency : Private firm A topographic survey of the land is necessary for the accurate design of the building plans 3 Submit application for the building permit at the DGHU 1 day no charge Agency : Directorate of Urban Planning and Habitat (DGHU) Documents needed for the building permit are: • One copy of the property title • One copy of the original payment receipt of the “rrais de viabilisation” • One copy of the original “proces Verbal de bornage et d’arpentage” (obtained when the property title is being processed on the bare land) • Construction plans: Vues en plan, facades, coupe, plan d’implantation (4 copies of each) • Original estimated cost of construction: original (3 copies) • Original septic tank plan (3 copies) • Original structural plan since it is a G1 structure (ground level with 1 floor) • Original geotechnical study since it is a G1 structure The files are submitted at the ‘Service de Control de la DGHU’, who in turn will forward them internally to the Service de L’instruction. Applicants are instructed to return to the DGHU 3 days after submitting their files to check on the status of the applications and to see whether additional information or documents or changes must be made to the plans. Assuming that no modifications are required, BuildCo will accompany the inspector to the site of construction. This is to verify that the parcel is correct and no construction work has started without a permit. During those 3 days, the service verifies the plans, particularly in terms of “plan d’occupation des sols” (which surface one is allowed to build on). If some remarks and missing documents need to be addressed, the on-premise inspection will occur once all issues are addressed. 4 Pay permit fees and the construction tax at the Banque de la Republique du 1 day BIF 687,753 Burundi Agency : Banque de la Republique du Burundi Payment of the permit fees and the construction tax is made at the Banque de la Republique du Burundi. The cost of the permit is 0.6% of estimated construction cost per square meter (BIF 750,000.00 x 1,300.6). In addition, the urban development cost must also be paid and the amount depends on the location of construction. For the Doing Business case study, the location of the warehouse is the “quartier des usines.” For this specific location, the cost is BIF 400 per square meter of the building (BIF 400 * 1,300.6). 5 Present proof of payment of the construction tax (taxe de batisse) to the 1 day no charge DGHU Agency : Directorate of Urban Planning and Habitat (DGHU) The proof of payment must be provided to the DGHU. Page 11 Doing Business 2019 Burundi 6 Obtain building permit 14 days no charge Agency : Directorate of Urban Planning and Habitat (DGHU) There are two signatures on a building permit. The Director of DGHU signs the file which is then forwarded to the Director General of DGHU for his signature. There are no mechanisms to inform applicants that their construction permit has been processed. It is the responsibility of the applicant to follow up. 7 Request certificate of conformity and proof of development 1 day no charge Agency : Directorate of Urban Planning and Habitat (DGHU) Once the construction is completed, the owner requests an ‘attestation de mise en valeur et de conformité’ from DGHU. This attestation validates that the construction has been built in accordance to the approved plans. To complete the attestation, DGHU will inspect the site of construction. The application for a certificate of conformity must be accompanied by a picture of the newly constructed building. 8 Receive inspection from DGHU 1 day no charge Agency : Directorate of Urban Planning and Habitat (DGHU) 9 Obtain certificate of conformity and proof of development 1 day no charge Agency : Directorate of Urban Planning and Habitat (DGHU) 10 Deposit request for the modification of the "proces verbal de bornage et 1 day no charge d'arpentage" at the Cadastre Agency : Direction National du Cadastre Once a building has been completed, it must be registered at the Land Registry to have a property tile. Therefore, the “process verbal de bornage et d’arpentage” must be modified to reflect the new constructed building. A new “process verbal de bornage et d’arpentage" will be issued. This is required in order for the Land Registry to issue the property title. 11 Receive site inspection from the Cadastre 1 day no charge Agency : Direction National du Cadastre 12 Obtain updated "proces verbal de bornage et d'arpentage" from the 3 days no charge Cadastre Agency : Direction National du Cadastre 13 Request and receive updated property title from the land registry 30 days BIF 520,240 Agency : Department of Land Titles (Ministry of Justice) Obtain water connection 30 days BIF 500,000 14 Agency : REGIDESO Obtain sewage connection 15 days BIF 500,000 15 Agency : SETEMU Takes place simultaneously with previous procedure. Page 12 Doing Business 2019 Burundi Details – Dealing with Construction Permits in Burundi – Measure of Quality Answer Score Building quality control index (0-15) 4.0 Quality of building regulations index (0-2) 1.0 How accessible are building laws and regulations in your economy? (0-1) Available online; 1.0 Free of charge. Which requirements for obtaining a building permit are clearly specified in the building List of required 0.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents. Quality control before construction index (0-1) 0.0 Which third-party entities are required by law to verify that the building plans are in By law, there is 0.0 compliance with existing building regulations? (0-1) no need to verify plans compliance; Civil servant reviews plans. Quality control during construction index (0-3) 0.0 What types of inspections (if any) are required by law to be carried out during construction? No inspections 0.0 (0-2) are legally required during construction.. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 0.0 inspections are not always done in practice during construction. Quality control after construction index (0-3) 2.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency. Do legally mandated final inspections occur in practice? (0-1) Final inspection 0.0 does not always occur in practice; Final inspection occurs most of the time. Liability and insurance regimes index (0-2) 1.0 Which parties (if any) are held liable by law for structural flaws or problems in the building Architect or 1.0 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) engineer; Construction company. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 0.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance . Professional certifications index (0-4) 0.0 What are the qualification requirements for the professional responsible for verifying that the There are no 0.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) specific requirements. What are the qualification requirements for the professional who supervises the construction There are no 0.0 on the ground? (0-2) specific requirements. Page 13 Doing Business 2019 Burundi Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection To make the data comparable across economies, several assumptions about the (number) warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining The warehouse: all necessary clearances and permits - Is owned by a local entrepreneur and is used for storage of goods. • Completing all required notifications and - Is located in the economy’s largest business city. For 11 economies the data are receiving all necessary inspections also collected for the second largest business city. • Obtaining external installation works and possibly - Is located in an area where similar warehouses are typically located and is in an purchasing material for these works area with no physical constraints. For example, the property is not near a railway. - Is a new construction and is being connected to electricity for the first time. • Concluding any necessary supply contract and - Has two stories with a total surface area of approximately 1,300.6 square meters obtaining final supply (14,000 square feet). The plot of land on which it is built is 929 square meters Time required to complete each procedure (10,000 square feet). (calendar days) The electricity connection: • Is at least 1 calendar day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed • Each procedure starts on a separate day capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 • Does not include time spent gathering kilowatt (kW). information - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution network and is either overhead or underground, whichever is more • Reflects the time spent in practice, with little common in the area where the warehouse is located and requires works that involve follow-up and no prior contact with officials the crossing of a 10-meter road (such as by excavation or overhead lines) but are all carried out on public land. There is no crossing of other owners’ private property Cost required to complete each procedure (% of income per capita) because the warehouse has access to a road. - Does not require work to install the internal wiring of the warehouse. This has • Official costs only, no bribes already been completed up to and including the customer’s service panel or • Value added tax excluded switchboard and the meter base. The reliability of supply and transparency of The monthly consumption: tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 • Duration and frequency of power outages (0–3) p.m. (8 hours a day), with equipment utilized at 80% of capacity on average and that • Tools to monitor power outages (0–1) there are no electricity cuts (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest • Regulatory monitoring of utilities’ performance supplier. (0–1) - Tariffs effective in January of the current year are used for calculation of the price of electricity for the warehouse. Although January has 31 days, for calculation • Financial deterrents limiting outages (0–1) purposes only 30 days are used. • Transparency and accessibility of tariffs (0–1) Price of electricity (cents per kilowatt-hour)* • Price based on monthly bill for commercial warehouse in case study *Note: Doing Business measures the price of electricity, but it is not included in the ease of doing business score nor the ranking on the ease of getting electricity. Page 14 Doing Business 2019 Burundi Getting Electricity - Burundi Standardized Connection Price of electricity (US cents per kWh) 15.7 Name of utility Régie de Production et Distribution d'Eau et d'Electricité (Regideso) City Covered Bujumbura Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 5 5.2 4.5 3 (25 Economies) Time (days) 158 112.0 77.2 18 (3 Economies) Cost (% of income per capita) 13108.3 3456.5 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff 0 1.6 7.5 8.0 (27 Economies) index (0-8) Figure – Getting Electricity in Burundi and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 92.01: France (Rank: 14) 76.80: Kenya (Rank: 75) 49.00: Regional Average (Sub-Saharan Africa) 34.67: Congo, Dem. Rep. (Rank: 174) 34.09: Uganda (Rank: 175) 26.45: Burundi (Rank: 183) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Page 15 Doing Business 2019 Burundi Figure – Getting Electricity in Burundi – Procedure, Time and Cost Time (days) Cost (% of income per capita) 14000 140 12000 Cost (% of income per capita) 120 10000 100 Time (days) 8000 80 6000 60 4000 40 20 2000 0 0 1 *2 3 4 *5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in Burundi and comparator economies – Measure of Quality 8 8 7 6 Index score 5 4 4 3 2 1.6 1 0 0 0 0 Burundi Congo, Dem. Rep. France Kenya Uganda Sub-Saharan Africa Page 16 Doing Business 2019 Burundi Details – Getting Electricity in Burundi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to REGIDESO and await and receive estimate 16 calendar days BIF 0 Agency : REGIDESO-Burundi As there are no online applications, the customer must apply in person at a REGIDESO customer service office by completing a form to request the connection. The customer has to provide copies of two documents: (i) the national identification card and (ii) the family composition certificate and specify the location of the warehouse. There is no need to notarize those documents. There is an application fee to be paid. A few days after the external inspection, the customer goes to the office of REGIDESO to obtain the estimate and to pay for it. Once payment is made, REGIDESO will prepare a report of the works. This is an internal report listing all the material necessary for the connection. The report is then transmitted to the department in charge of the actual connection work. No internal inspection or certificate regarding the safety of the internal wiring has to be submitted. The electrician must be a licensed one, but not necessarily with REGIDESO. The customer takes the entire responsibility regarding the safety of the internal wiring with signing the contract. 2 Receive site inspection by REGIDESO and await feasibility study 1 calendar day BIF 0 Agency : REGIDESO-Burundi REGIDESO sends an engineer to the site to check the information and prepare a pro-forma if the connection is feasible and the energy required is available at that place. The pro-forma is sent to the Supervisor (Superieur hierarchique) for signature. The customer must be at the site for this visit in case the engineer of REGIDESO needs some clarification. At that time, REGIDESO measures the distance from the site of the future transformer to the electrical grid. 3 Purchase transformer 105 calendar days BIF 0 Agency : Market A transformer needs to be ordered to accommodate a 140kVA connection, to go from medium voltage to low voltage. Acquiring the transformer is the responsibility of the client. If the utility has a transformers in stock, the customer simply purchases one from the warehouse of the utility. There are shortages, however, on electricity material. Therefore, transformers typically need to be imported, which can take several months. The imported transformer needs to comply with some standards set by REGIDESO. Once the material is acquired, REGIDESO will have to do a quick conformity check, after which it will begin the external works. 4 Receive external works and meter installation by REGIDESO 37 calendar days BIF 73,193,616.92 Agency : REGIDESO-Burundi The utility does all the external connection works - including the design of the connection from the electrical grid to the transformer. The meter is installed before the actual connection takes place. The meter is rented from REGIDESO; a flat fee is paid for this. In the event that the meter breaks, it is replaced free of charge. 5 Sign supply contract with REGIDESO 1 calendar day BIF 0 Agency : REGIDESO-Burundi The client usually signs the supply contract with the utility at the end of the external connection works, but can sign the contract also during the works. Takes place simultaneously with previous procedure. Page 17 Doing Business 2019 Burundi Details – Getting Electricity in Burundi – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 0 Total duration and frequency of outages per customer a year (0-3) 0 System average interruption duration index (SAIDI) .. System average interruption frequency index (SAIFI) .. What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI N/A Mechanisms for monitoring outages (0-1) 1 Does the distribution utility use automated tools to monitor outages? Yes Mechanisms for restoring service (0-1) 1 Does the distribution utility use automated tools to restore service? Yes Regulatory monitoring (0-1) 1 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of Yes supply? Financial deterrents aimed at limiting outages (0-1) 0 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages No exceed a certain cap? Communication of tariffs and tariff changes (0-1) 1 Are effective tariffs available online? Yes Link to the website, if available online http://www.areem.go v.bi/PdfFiles/nouvelle -grille-tarifaire.pdf Are customers notified of a change in tariff ahead of the billing cycle? Yes Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 18 Doing Business 2019 Burundi Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on To make the data comparable across economies, several assumptions about the immovable property (number) parties to the transaction, the property and the procedures are used. • Preregistration procedures (for example, The parties (buyer and seller): checking for liens, notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). - Are located in the periurban area of the economy’s largest business city. For 11 • Registration procedures in the economy's largest economies the data are also collected for the second largest business city. business city. - Are 100% domestically and privately owned. • Postregistration procedures (for example, filling - Have 50 employees each, all of whom are nationals. title with municipality) - Perform general commercial activities. Time required to complete each procedure The property (fully owned by the seller): (calendar days) - Has a value of 50 times income per capita, which equals the sale price. • Does not include time spent gathering - Is fully owned by the seller. information - Has no mortgages attached and has been under the same ownership for the past • Each procedure starts on a separate day - 10 years. though procedures that can be fully completed - Is registered in the land registry or cadastre, or both, and is free of title disputes. online are an exception to this rule - Is located in a periurban commercial zone, and no rezoning is required. - Consists of land and a building. The land area is 557.4 square meters (6,000 • Procedure is considered completed once final square feet). A two-story warehouse of 929 square meters (10,000 square feet) is document is received located on the land. The warehouse is 10 years old, is in good condition, has no • No prior contact with officials heating system and complies with all safety standards, building codes and legal requirements. The property, consisting of land and building, will be transferred in its Cost required to complete each procedure (% of entirety. property value) - Will not be subject to renovations or additional construction following the purchase. • Official costs only (such as administrative fees, - Has no trees, natural water sources, natural reserves or historical monuments of duties and taxes). any kind. - Will not be used for special purposes, and no special permits, such as for • Value Added Tax, Capital Gains Tax and illicit residential use, industrial plants, waste storage or certain types of agricultural payments are excluded activities, are required. - Has no occupants, and no other party holds a legal interest in it. Quality of land administration index (0-30) • Reliability of infrastructure index (0-8) • Transparency of information index (0–6) • Geographic coverage index (0–8) • Land dispute resolution index (0–8) • Equal access to property rights index (-2–0) Page 19 Doing Business 2019 Burundi Registering Property - Burundi Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Procedures (number) 5 6.2 4.7 1 (4 Economies) Time (days) 23 53.9 20.1 1 (New Zealand) Cost (% of property value) 3.1 7.6 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 4.5 8.8 23.0 None in 2017/18 Figure – Registering Property in Burundi and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 63.33: France (Rank: 96) 62.58: Burundi (Rank: 97) 55.97: Kenya (Rank: 122) 54.99: Uganda (Rank: 126) 52.62: Regional Average (Sub-Saharan Africa) 47.14: Congo, Dem. Rep. (Rank: 156) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Figure – Registering Property in Burundi – Procedure, Time and Cost Time (days) Cost (% of property value) 3.5 20 3 Cost (% of property value) 2.5 15 Time (days) 2 10 1.5 1 5 0.5 0 0 1 2 3 *4 5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 20 Doing Business 2019 Burundi Figure – Registering Property in Burundi and comparator economies – Measure of Quality 30 25 24.0 Index score 20 16.0 15 10.0 10.5 10 8.8 4.5 5 0 Burundi Congo, Dem. Rep. France Kenya Uganda Sub-Saharan Africa Details – Registering Property in Burundi – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Verify the identity of the seller and any encumbrances affecting the 2 days no charge property at the Land Registry Agency : Land Registry (Direction des Titres Fonciers) The Selling company must prove that it is the rightful owner of the property. It is common that the parties go to the Land Registry (Department des Titres Fonciers) to check if the property is indeed registered to the present owner. The buyer also requests proof that the property is not encumbered by mortgages, liens or other securities. 2 The notary drafts the sale and purchase agreement and it is signed by both 2 days BIF 29,000; (BIF parties 10,000 (drafting fee) Agency : Notary's Office + BIF 7000 (original) Once the notary has verified the identity and the judicial capacity of the parties as + BIF 3000/page (4 well as the possession of the original property title by the seller, the notary pages)) prepares the sale and purchase agreement which the parties sign at his presence. 3 The buyer requests to register the property transfer at the One-Stop Shop 12 days no charge Agency for the transfer of properties Agency : One-stop shop for the transfer of properties (Guichet unique de transfert de propriété) The buyer goes to the one-stop shop for transferring properties (Guichet unique de transfert de propriété) with the notarized transfer deed and the original property title. The one-stop shop includes the services of the Land Registry (Département des Titres Fonciers), the Municipality of Bujumbura, and the Burundi Revenue Authority (Office Burundais des Recettes, OBR). The following documents need to be submitted to the Land Registry to proceed with the property transfer registration: (1) Original title of the property. (2) Letter requesting transferring the property (Lettre de demande de transfer). (3) Notarized sale and purchase agreement. (4) Copies of statutes of both companies. (5) Copy of the 'procès-verbal de bornage'. The seller should have one in his possession. Both parties need to obtain a tax clearance certificate from the municipality proving that all city-level taxes are paid. The certificates are obtained from the same person from the representatives of the municipality at the one-stop shop for both parties and they can be obtained at the same time. Both parties must be present at the municipality to request tax clearance certificates on both. An expert is designated by the Land Registry to check whether the price in the transfer deed is correct. The OBR will also designate an expert to inspect the property. The objective of the inspection is to ensure that the price in the transfer deed is not underestimated or overestimated. After the inspections, the expert of the Land Registry writes a valuation report (rapport d'expertise) that is transmitted to the Director for signature. If for instance the price on the transfer deed is lower, the transaction tax will be paid based on the appraisal value provided by the expert from the Departement des Titres Fonciers and not on the agreed price between the parties. The expert of the OBR will also write a valuation report (rapport de contre- expertise). This report is necessary to issue tax clearance certificates for both parties (Attestation de non redevabilité delivree par les services des impots) showing that all taxes at the national level are paid and that neither the seller nor the buyer owes any debt to the OBR. According to the Decree N°121/VP2/038 of April 29, 2013 the preparation of the valuation reports cannot exceed 4 working days. Page 21 Doing Business 2019 Burundi 4 The Land Registry and the Burundi Revenue Authority inspect the property 1 day BIF 5,000 Agency : Land Registry (Direction des Titres Fonciers), Burundi Revenue Authority (Office Burundais de Recettes, OBR) Experts from the Land Registry and the OBR inspect the property at the same of the request to register the property transfer. 5 Obtain the new title from the Land Registry "Direction des Titres Fonciers" 7 days BIF 837,564.52; (3% Agency : One-stop shop for the transfer of properties (Guichet unique de property value (tax to transfert de propriété) change the Property After obtaining the tax clearance certificate from the OBR the buyer proceeds to Title to the buyer's pay the transfer tax to the OBR. The “Loi des Finances 2007” (article 35) adopted name)) on December 30, 2007 and implemented in January 2008, has abolished the property transfer tax of 6%. Article 36 of the same law, authorizes the Land Registry “Département des Titres Fonciers” to charge a 3% of the property value for all transactions. Once the payment is made the Registration Division proceeds to the creation of a new title for the buyer. Takes place simultaneously with previous procedure. Page 22 Doing Business 2019 Burundi Details – Registering Property in Burundi – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 1.0 What is the institution in charge of immovable property registration? Direction des Titres Fonciers In what format are the majority of title or deed records kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions No 0.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Direction du Cadastre National In what format are the majority of maps of land plots kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for recording boundaries, checking plans and providing No 0.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Separate 0.0 or mapping agency kept in a single database, in different but linked databases or in separate databases databases? Do the immovable property registration agency and cadastral or mapping agency use the Yes 1.0 same identification number for properties? Transparency of information index (0–6) 0.0 Who is able to obtain information on land ownership at the agency in charge of immovable Only 0.0 property registration in the largest business city? intermediaries and interested parties Is the list of documents that are required to complete any type of property transaction made Yes, in person 0.0 publicly available–and if so, how? Link for online access: Is the applicable fee schedule for any property transaction at the agency in charge of Yes, in person 0.0 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: Does the agency in charge of immovable property registration commit to delivering a legally No 0.0 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the agency in charge of immovable property registration? Contact information: Are there publicly available official statistics tracking the number of transactions at the No 0.0 immovable property registration agency? Number of property transfers in the largest business city in 2017: Who is able to consult maps of land plots in the largest business city? Only 0.0 intermediaries and interested parties Is the applicable fee schedule for accessing maps of land plots made publicly available— No 0.0 and if so, how? Link for online access: Does the cadastral or mapping agency commit to delivering an updated map within a No 0.0 specific time frame—and if so, how does it communicate the service standard? Page 23 Doing Business 2019 Burundi Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the cadastral or mapping agency? Contact information: Geographic coverage index (0–8) 0.0 Are all privately held land plots in the economy formally registered at the immovable property No 0.0 registry? Are all privately held land plots in the largest business city formally registered at the No 0.0 immovable property registry? Are all privately held land plots in the economy mapped? No 0.0 Are all privately held land plots in the largest business city mapped? No 0.0 Land dispute resolution index (0–8) 3.5 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? No 0.0 Is there a specific compensation mechanism to cover for losses incurred by parties who No 0.0 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Notary; Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar; Notary; Is there a national database to verify the accuracy of identity documents? No 0.0 For a standard land dispute between two local businesses over tenure rights of a property Le Tribunal de worth 50 times gross national income (GNI) per capita and located in the largest business Grande Instance city, what court would be in charge of the case in the first instance? en Mairie de Bujumbura How long does it take on average to obtain a decision from the first-instance court for such a Between 2 and 3 1.0 case (without appeal)? years Are there any statistics on the number of land disputes in the first instance? No 0.0 Number of land disputes in the largest business city in 2017: Equal access to property rights index (-2–0) 0.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? Yes 0.0 Page 24 Doing Business 2019 Burundi Getting Credit This topic explores two sets of issues—the strength of credit reporting systems and the effectiveness of collateral and bankruptcy laws in facilitating lending. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Strength of legal rights index (0–12) Doing Business assesses the sharing of credit information and the legal rights of borrowers and lenders with respect to secured transactions through 2 sets of • Rights of borrowers and lenders through indicators. The depth of credit information index measures rules and practices collateral laws (0-10) affecting the coverage, scope and accessibility of credit information available • Protection of secured creditors’ rights through through a credit registry or a credit bureau. The strength of legal rights index bankruptcy laws (0-2) measures the degree to which collateral and bankruptcy laws protect the rights of borrowers and lenders and thus facilitate lending. For each economy it is first Depth of credit information index (0–8) determined whether a unitary secured transactions system exists. Then two case • Scope and accessibility of credit information scenarios, case A and case B, are used to determine how a nonpossessory security distributed by credit bureaus and credit registries interest is created, publicized and enforced according to the law. Special emphasis (0-8) is given to how the collateral registry operates (if registration of security interests is possible). The case scenarios involve a secured borrower, company ABC, and a Credit bureau coverage (% of adults) secured lender, BizBank. • Number of individuals and firms listed in largest In some economies the legal framework for secured transactions will allow only case credit bureau as a percentage of adult population A or case B (not both) to apply. Both cases examine the same set of legal provisions Credit registry coverage (% of adults) relating to the use of movable collateral. • Number of individuals and firms listed in credit Several assumptions about the secured borrower (ABC) and lender (BizBank) registry as a percentage of adult population are used: - ABC is a domestic limited liability company (or its legal equivalent). - ABC has up to 50 employees. - ABC has its headquarters and only base of operations in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. - Both ABC and BizBank are 100% domestically owned. The case scenarios also involve assumptions. In case A, as collateral for the loan, ABC grants BizBank a nonpossessory security interest in one category of movable assets, for example, its machinery or its inventory. ABC wants to keep both possession and ownership of the collateral. In economies where the law does not allow nonpossessory security interests in movable property, ABC and BizBank use a fiduciary transfer-of-title arrangement (or a similar substitute for nonpossessory security interests). In case B, ABC grants BizBank a business charge, enterprise charge, floating charge or any charge that gives BizBank a security interest over ABC’s combined movable assets (or as much of ABC’s movable assets as possible). ABC keeps ownership and possession of the assets. Page 25 Doing Business 2019 Burundi Getting Credit - Burundi Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Strength of legal rights index (0-12) 2 5.2 6.1 12 (5 Economies) Depth of credit information index (0-8) 0 3.3 6.7 8 (42 Economies) Credit registry coverage (% of adults) 4 7.0 21.8 100.0 (4 Economies) Credit bureau coverage (% of adults) 0 8.9 65.3 100.0 (25 Economies) Figure – Getting Credit in Burundi and comparator economies – Ranking and Score DB 2019 Getting Credit Score 0 100 90.00: Kenya (Rank: 8) 60.00: Uganda (Rank: 73) 50.00: France (Rank: 99) 42.08: Regional Average (Sub-Saharan Africa) 30.00: Congo, Dem. Rep. (Rank: 144) 10.00: Burundi (Rank: 178) Note: The ranking of economies on the ease of getting credit is determined by sorting their scores for getting credit. These scores are the sum of the scores for the strength of legal rights index and the depth of credit information index. Figure – Legal Rights in Burundi and comparator economies 10 8 7 6 6 5.2 Index Score 5 5 4 4 3 2 2 1 0 Burundi Congo, Dem. Rep. France Kenya Uganda Sub-Saharan Africa Page 26 Doing Business 2019 Burundi Details – Legal Rights in Burundi Strength of legal rights index (0-12) 2 Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and No enforcement of functional equivalents to security interests in movable assets exist in the economy? Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without No requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a Yes specific description of collateral? May a security right extend to future or after-acquired assets, and does it extend automatically to the products, proceeds and No replacements of the original assets? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be No secured between parties; and can the collateral agreement include a maximum amount for which the assets are encumbered? Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by No asset type, with an electronic database indexed by debtor's name? Does a notice-based collateral registry exist in which all functional equivalents can be registered? No Does a modern collateral registry exist in which registrations, amendments, cancellations and searches can be performed No online by any interested third party? Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor defaults outside an insolvency No procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is liquidated? No Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization Yes procedure? Does the law protect secured creditors’ rights by providing clear grounds for relief from the stay and sets a time limit for it? Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow No the secured creditor to sell the collateral through public auction or private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt? Figure – Credit Information in Burundi and comparator economies 8 8 7 7 6 6 Index Score 5 4 3.3 3 2 1 0 0 0 Burundi Congo, Dem. Rep. France Kenya Uganda Sub-Saharan Africa Page 27 Doing Business 2019 Burundi Details – Credit Information in Burundi Depth of credit information index (0-8) Credit Credit Score bureau registry Are data on both firms and individuals distributed? No No 0 Are both positive and negative credit data distributed? No No 0 Are data from retailers or utility companies - in addition to data from banks and No No 0 financial institutions - distributed? Are at least 2 years of historical data distributed? (Credit bureaus and registries No No 0 that distribute more than 10 years of negative data or erase data on defaults as soon as they are repaid obtain a score of 0 for this component.) Are data on loan amounts below 1% of income per capita distributed? No No 0 By law, do borrowers have the right to access their data in the credit bureau or No No 0 credit registry? Can banks and financial institutions access borrowers’ credit information online No No 0 (for example, through an online platform, a system-to-system connection or both)? Are bureau or registry credit scores offered as a value-added service to help No No 0 banks and financial institutions assess the creditworthiness of borrowers? Total Score ("yes" to either public bureau or private registry) 0 Note: An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adult population, the total score on the depth of credit information index is 0. Coverage Credit bureau Credit registry Number of individuals 0 224,974 Number of firms 0 1,974 Total 0 226,948 Percentage of adult population 0 4 Page 28 Doing Business 2019 Burundi Protecting Minority Investors This topic measures the strength of minority shareholder protections against misuse of corporate assets by directors for their personal gain as well as shareholder rights, governance safeguards and corporate transparency requirements that reduce the risk of abuse. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions • Extent of disclosure index (0–10): Review and To make the data comparable across economies, a case study uses several approval requirements for related-party assumptions about the business and the transaction. transactions; Disclosure requirements for related- party transactions The business (Buyer): • Extent of director liability index (0–10): Ability - Is a publicly traded corporation listed on the economy’s most important stock of minority shareholders to sue and hold exchange. If there are fewer than ten listed companies or if there is no stock interested directors liable for prejudicial related- exchange in the economy, it is assumed that Buyer is a large private company with party transactions; Available legal remedies multiple shareholders. (damages, disgorgement of profits, fines, - Has a board of directors and a chief executive officer (CEO) who may legally act on imprisonment, rescission of the transaction) behalf of Buyer where permitted, even if this is not specifically required by law. • Ease of shareholder suits index (0–10): - Has a supervisory board in economies with a two-tier board system on which Mr. Access to internal corporate documents; James appointed 60% of the shareholder-elected members. Evidence obtainable during trial and allocation of - Has not adopted bylaws or articles of association that go beyond the minimum legal expenses requirements. Does not follow codes, principles, recommendations or guidelines that are not mandatory. • Extent of conflict of interest regulation index - Is a manufacturing company with its own distribution network. (0–10): Simple average of the extent of disclosure, extent of director liability and ease of The transaction involves the following details: shareholder indices - Mr. James owns 60% of Buyer, sits on Buyer’s board of directors and elected two • Extent of shareholder rights index (0-10): directors to Buyer’s five-member board. Shareholders’ rights and role in major corporate - Mr. James also owns 90% of Seller, a company that operates a chain of retail decisions hardware stores. Seller recently closed a large number of its stores. • Extent of ownership and control index (0-10): - Mr. James proposes that Buyer purchase Seller’s unused fleet of trucks to expand Governance safeguards protecting shareholders Buyer’s distribution of its food products, a proposal to which Buyer agrees. The price from undue board control and entrenchment is equal to 10% of Buyer’s assets and is higher than the market value. - The proposed transaction is part of the company’s principal activity and is not • Extent of corporate transparency index (0-10): outside the authority of the company. Corporate transparency on ownership stakes, - Buyer enters into the transaction. All required approvals are obtained, and all compensation, audits and financial prospects required disclosures made—that is, the transaction was not entered into fraudulently. • Extent of shareholder governance index (0– - The transaction causes damages to Buyer. Shareholders sue Mr. James and the 10): Simple average of the extent of shareholders executives and directors that approved the transaction. rights, extent of ownership and control and extent of corporate transparency indices • Strength of minority investor protection index (0–10): Simple average of the extent of conflict of interest regulation and extent of shareholder governance indices Page 29 Doing Business 2019 Burundi Protecting Minority Investors - Burundi Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Extent of disclosure index (0-10) 8.0 5.5 6.5 10 (13 Economies) Extent of director liability index (0-10) 7.0 3.5 5.3 10 (Cambodia) Ease of shareholder suits index (0-10) 2.0 5.5 7.3 10 (Djibouti) Extent of shareholder rights index (0-10) 6.0 4.6 6.4 10 (Kazakhstan) Extent of ownership and control index (0-10) 1.0 3.4 5.4 None in 2017/18 Extent of corporate transparency index (0-10) 2.0 4.1 7.6 10 (6 Economies) Figure – Protecting Minority Investors in Burundi and comparator economies – Ranking and Score DB 2019 Protecting Minority Investors Score 0 100 78.33: Kenya (Rank: 11) 66.67: France (Rank: 38) 50.00: Uganda (Rank: 110) 44.55: Regional Average (Sub-Saharan Africa) 43.33: Burundi (Rank: 132) 36.67: Congo, Dem. Rep. (Rank: 165) Note: The ranking of economies on the strength of minority investor protections is determined by sorting their scores for protecting minority investors. These scores are the simple average of the scores for the extent of conflict of interest regulation index and the extent of shareholder governance index. Figure – Protecting Minority Investors in Burundi and comparator economies – Measure of Quality Burundi 2 7 8 1 6 2 Congo, Dem. Rep. 4 1 7 3 4 3 France 10 3 8 8 5 6 Kenya 5 10 10 6 7 9 Uganda 6 5 3 5 4 7 OECD high income 7.4 5.5 6.5 5.2 6.3 7.4 Sub-Saharan Africa 4.3 3.6 5.6 3.4 4.7 5.6 0 5 10 15 20 25 30 35 40 45 50 Sub-Indicator Score Extent of corporate transparency index (0-10) Extent of director liability index (0-10) Extent of disclosure index (0-10) Extent of ownership and control index (0-10) Extent of shareholder rights index (0-10) Ease of shareholder suits index (0-10) Page 30 Doing Business 2019 Burundi Details – Protecting Minority Investors in Burundi – Measure of Quality Answer Score Extent of conflict of interest regulation index (0-10) 5.7 Extent of disclosure index (0-10) 8.0 Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Shareholders 3.0 excluding interested parties Must an external body review the terms of the transaction before it takes place? (0-1) Yes 1.0 Must Mr. James disclose his conflict of interest to the board of directors? (0-2) Full disclosure of 2.0 all material facts Must Buyer disclose the transaction in periodic filings (e.g. annual reports)? (0-2) Disclosure on the 2.0 transaction and on the conflict of interest Must Buyer immediately disclose the transaction to the public? (0-2) No disclosure 0.0 obligation Extent of director liability index (0-10) 7.0 Can shareholders representing 10% of Buyer's share capital sue for the damage the Yes 1.0 transaction caused to Buyer? (0-1) Can shareholders hold Mr. James liable for the damage the transaction caused to Buyer? (0- Liable if unfair or 2.0 2) prejudicial Can shareholders hold the other directors liable for the damage the transaction caused to Liable if unfair or 2.0 Buyer (0-2) prejudicial Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by Yes 1.0 shareholders? (0-1) Must Mr. James repay profits made from the transaction upon a successful claim by No 0.0 shareholders? (0-1) Is Mr. James disqualified upon a successful claim by shareholders? (0-1) No 0.0 Can a court void the transaction upon a successful claim by shareholders? (0-2) Voidable if 1.0 negligently concluded Ease of shareholder suits index (0-10) 2.0 Before suing, can shareholders representing 10% of Buyer's share capital inspect the No 0.0 transaction documents? (0-1) Can the plaintiff obtain any documents from the defendant and witnesses at trial? (0-3) Documents that 1.0 the defendant relied on Can the plaintiff request categories of documents from the defendant without identifying No 0.0 specific ones? (0-1) Can the plaintiff directly question the defendant and witnesses at trial? (0-2) No 0.0 Is the level of proof required for civil suits lower than that of criminal cases? (0-1) Yes 1.0 Can shareholder plaintiffs recover their legal expenses from the company? (0-2) At the discretion 0.0 of the court Extent of shareholder governance index (0-10) 3.0 Extent of shareholder rights index (0-10) 6.0 Does the sale of 51% of Buyer's assets require shareholder approval? No 0.0 Can shareholders representing 10% of Buyer's share capital call for a meeting of Yes 1.0 shareholders? Must Buyer obtain its shareholders’ approval every time it issues new shares? Yes 1.0 Page 31 Doing Business 2019 Burundi Do shareholders automatically receive preemption rights every time Buyer issues new Yes 1.0 shares? Must shareholders approve the election and dismissal of the external auditor? Yes 1.0 Are changes to the rights of a class of shares only possible if the holders of the affected Yes 1.0 shares approve? Assuming that Buyer is a limited company, does the sale of 51% of its assets require No 0.0 member approval? Assuming that Buyer is a limited company, can members representing 10% call for a No 0.0 meeting of members? Assuming that Buyer is a limited company, must all or almost all members consent to add a No 0.0 new member? Assuming that Buyer is a limited company, must a member first offer to sell their interest to Yes 1.0 the existing members before they can sell to non-members? Extent of ownership and control index (0-10) 1.0 Is it forbidden to appoint the same individual as CEO and chairperson of the board of No 0.0 directors? Must the board of directors include independent and nonexecutive board members? No 0.0 Can shareholders remove members of the board of directors without cause before the end Yes 1.0 of their term? Must the board of directors include a separate audit committee exclusively comprising board No 0.0 members? Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of No 0.0 Buyer? Must Buyer pay declared dividends within a maximum period set by law? No 0.0 Is a subsidiary prohibited from acquiring shares issued by its parent company? No 0.0 Assuming that Buyer is a limited company, must Buyer have a mechanism to resolve No 0.0 disagreements among members? Assuming that Buyer is a limited company, must a potential acquirer make a tender offer to No 0.0 all shareholders upon acquiring 50% of Buyer? Assuming that Buyer is a limited company, must Buyer distribute profits within a maximum No 0.0 period set by law? Extent of corporate transparency index (0-10) 2.0 Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? No 0.0 Must Buyer disclose information about board members’ primary employment and No 0.0 directorships in other companies? Must Buyer disclose the compensation of individual managers? No 0.0 Must a detailed notice of general meeting be sent 21 days before the meeting? No 0.0 Can shareholders representing 5% of Buyer’s share capital put items on the general meeting Yes 1.0 agenda? Must Buyer's annual financial statements be audited by an external auditor? Yes 1.0 Must Buyer disclose its audit reports to the public? No 0.0 Assuming that Buyer is a limited company, must members meet at least once a year? No 0.0 Assuming that Buyer is a limited company, can members representing 5% put items on the No 0.0 meeting agenda? Assuming that Buyer is a limited company, must Buyer's annual financial statements be No 0.0 audited by an external auditor? Page 32 Doing Business 2019 Burundi Paying Taxes This topic records the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year, as well as the administrative burden of paying taxes and contributions and complying with postfiling procedures (VAT refund and tax audit). The most recent round of data collection for the project was completed in May 2018 covering for the Paying Taxes indicator calendar year 2017 (January 1, 2017 – December 31, 2017). See the methodology for more information. What the indicators measure Case study assumptions Tax payments for a manufacturing company in Using a case scenario, Doing Business records taxes and mandatory contributions a 2017 (number per year adjusted for electronic medium size company must pay in a year, and measures the administrative burden and joint filing and payment) of paying taxes, contributions and dealing with postfiling processes. Information is also compiled on frequency of filing and payments, time taken to comply with tax • Total number of taxes and contributions paid or laws, time taken to comply with the requirements of postfiling processes and time withheld, including consumption taxes (value waiting. added tax, sales tax or goods and service tax) • Method and frequency of filing and payment To make data comparable across economies, several assumptions are used: - TaxpayerCo is a medium-size business that started operations on January 1, 2016. Time required to comply with 3 major taxes It produces ceramic flowerpots and sells them at retail. All taxes and contributions (hours per year) recorded are paid in the second year of operation (calendar year 2017). Taxes and • Collecting information, computing tax payable mandatory contributions are measured at all levels of government. • Preparing separate tax accounting books, if The VAT refund process: required - In June 2017, TaxpayerCo. makes a large capital purchase: the value of the • Completing tax return, filing with agencies machine is 65 times income per capita of the economy. Sales are equally spread per month (1,050 times income per capita divided by 12) and cost of goods sold are • Arranging payment or withholding equally expensed per month (875 times income per capita divided by 12). The Total tax and contribution rate (% of commercial machinery seller is registered for VAT and excess input VAT incurred in June will be fully recovered after four consecutive months if the VAT rate is the same for inputs, profits) sales and the machine and the tax reporting period is every month. Input VAT will • Profit or corporate income tax exceed Output VAT in June 2017. • Social contributions, labor taxes paid by The corporate income tax audit process: employer - An error in calculation of income tax liability (for example, use of incorrect tax • Property and property transfer taxes depreciation rates, or incorrectly treating an expense as tax deductible) leads to an • Dividend, capital gains, financial transactions incorrect income tax return and a corporate income tax underpayment. TaxpayerCo. taxes discovered the error and voluntarily notified the tax authority. The value of the underpaid income tax liability is 5% of the corporate income tax liability • Waste collection, vehicle, road and other taxes due. TaxpayerCo. submits corrected information after the deadline for submitting the annual tax return, but within the tax assessment period. Postfiling Index • Time to comply with a VAT refund (hours) • Time to obtain a VAT refund (weeks) • Time to comply with a corporate income tax correction (hours) • Time to complete a corporate income tax correction (weeks) Page 33 Doing Business 2019 Burundi Paying Taxes - Burundi Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Payments (number per year) 24 37.4 11.2 3 (Hong Kong SAR, China) Time (hours per year) 232 280.6 159.4 49 (Singapore) Total tax and contribution rate (% of profit) 41.2 46.8 39.8 26.1% (32 Economies) Postfiling index (0-100) 28.21 54.63 84.41 None in 2017/18 Figure – Paying Taxes in Burundi and comparator economies – Ranking and Score DB 2019 Paying Taxes Score 0 100 79.31: France (Rank: 55) 73.10: Uganda (Rank: 87) 72.37: Kenya (Rank: 91) 60.87: Burundi (Rank: 138) 57.52: Regional Average (Sub-Saharan Africa) 39.40: Congo, Dem. Rep. (Rank: 180) Note: The ranking of economies on the ease of paying taxes is determined by sorting their scores for paying taxes. These scores are the simple average of the scores for each of the component indicators, with a threshold and a nonlinear transformation applied to one of the component indicators, the total tax and contribution rate. The threshold is defined as the total tax and contribution rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including Doing Business 2015, which is 26.1%. All economies with a total tax and contribution rate below this threshold receive the same score as the economy at the threshold. Figure – Paying Taxes in Burundi and comparator economies – Measure of Quality 100 92.40 80 72.28 Index score 62.03 60 54.63 40 28.21 27.08 20 0 Burundi Congo, Dem. Rep. France Kenya Uganda Sub-Saharan Africa Page 34 Doing Business 2019 Burundi Details – Paying Taxes in Burundi Tax or Payments Notes on Time Statutory Tax base Total tax Notes on mandatory (number) Payments (hours) tax rate and TTCR contribution contribution rate (% of profit) Impôt sur le 4.0 76.0 30% (1%) taxable profits 27.52 revenu des sociétés Cotisations à 4.0 45.0 6% gross salaries 6.77 la securité sociale - employeur Risque 0.0 jointly 3% gross salaries 3.38 professionnel Taxe sur les 1.0 BIF 450 by square 1.97 terres de meter of construction property Taxe sur les 1.0 20% profits 1.01 plus-values en capitaux Tax on 1.0 15% Interest 0.38 Interest Income Income Taxe foncière 1.0 BIF 50 by square 0.13 meter of non- constructed property Taxe sur la 12.0 111.0 18% value added 0.00 not included valeur ajoutée (TVA) Cotisations à 0.0 jointly 4% gross salaries 0.00 not included la securité sociale - employé Totals 24 232 41.2 Page 35 Doing Business 2019 Burundi Details – Paying Taxes in Burundi – Tax by Type Taxes by type Answer Profit tax (% of profit) 28.5 Labor tax and contributions (% of profit) 10.2 Other taxes (% of profit) 2.5 Page 36 Doing Business 2019 Burundi Details – Paying Taxes in Burundi – Measure of Quality Answer Score Postfiling index (0-100) 28.21 VAT refunds Does VAT exist? Yes Does a VAT refund process exist per the case study? No Restrictions on VAT refund process Restricted to international traders and others Percentage of cases exposed to a VAT audit (%) Not applicable Is there a mandatory carry forward period? Yes Time to comply with VAT refund (hours) No VAT refund 0 per case study scenario Time to obtain a VAT refund (weeks) No VAT refund 0 per case study scenario Corporate income tax audits Does corporate income tax exist? Yes Percentage of cases exposed to a corporate income tax audit (%) 50% - 74% Time to comply with a corporate income tax correction (hours) 13.0 78.9 Time to complete a corporate income tax correction (weeks) 21.1 33.93 Notes: Names of taxes have been standardized. For instance income tax, profit tax, tax on company's income are all named corporate income tax in this table. The hours for VAT include all the VAT and sales taxes applicable. The hours for Social Security include all the hours for labor taxes and mandatory contributions in general. The postfiling index is the average of the scores on time to comply with VAT refund, time to obtain a VAT refund, time to comply with a corporate income tax correction and time to complete a corporate income tax correction. N/A = Not applicable. Page 37 Doing Business 2019 Burundi Trading across Borders Doing Business records the time and cost associated with the logistical process of exporting and importing goods. Doing Business measures the time and cost (excluding tariffs) associated with three sets of procedures—documentary compliance, border compliance and domestic transport—within the overall process of exporting or importing a shipment of goods. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Documentary compliance To make the data comparable across economies, a few assumptions are made about the traded goods and the transactions: • Obtaining, preparing and submitting documents during transport, clearance, inspections and port Time: Time is measured in hours, and 1 day is 24 hours (for example, 22 days are or border handling in origin economy recorded as 22×24=528 hours). If customs clearance takes 7.5 hours, the data are • Obtaining, preparing and submitting documents recorded as is. Alternatively, suppose documents are submitted to a customs agency required by destination economy and any transit at 8:00a.m., are processed overnight and can be picked up at 8:00a.m. the next day. economies The time for customs clearance would be recorded as 24 hours because the actual • Covers all documents required by law and in procedure took 24 hours. practice, including electronic submissions of Cost: Insurance cost and informal payments for which no receipt is issued are information excluded from the costs recorded. Costs are reported in U.S. dollars. Contributors Border compliance are asked to convert local currency into U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire. Contributors are private sector • Customs clearance and inspections experts in international trade logistics and are informed about exchange rates. • Inspections by other agencies (if applied to more than 20% of shipments) Assumptions of the case study: - For all 190 economies covered by Doing Business, it is assumed a shipment is in a • Handling and inspections that take place at the warehouse in the largest business city of the exporting economy and travels to a economy’s port or border warehouse in the largest business city of the importing economy. - It is assumed each economy imports 15 metric tons of containerized auto parts (HS Domestic transport 8708) from its natural import partner—the economy from which it imports the largest • Loading or unloading of the shipment at the value (price times quantity) of auto parts. It is assumed each economy exports the warehouse or port/border product of its comparative advantage (defined by the largest export value) to its • Transport between warehouse and port/border natural export partner—the economy that is the largest purchaser of this product. Shipment value is assumed to be $50,000. • Traffic delays and road police checks while - The mode of transport is the one most widely used for the chosen export or import shipment is en route product and the trading partner, as is the seaport or land border crossing. - All electronic information submissions requested by any government agency in connection with the shipment are considered to be documents obtained, prepared and submitted during the export or import process. - A port or border is a place (seaport or land border crossing) where merchandise can enter or leave an economy. - Relevant government agencies include customs, port authorities, road police, border guards, standardization agencies, ministries or departments of agriculture or industry, national security agencies and any other government authorities. Page 38 Doing Business 2019 Burundi Trading across Borders - Burundi Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Time to export: Border compliance (hours) 59 97.3 12.5 1 (19 Economies) Cost to export: Border compliance (USD) 109 605.8 139.1 0 (19 Economies) Time to export: Documentary compliance (hours) 120 72.8 2.4 1 (26 Economies) Cost to export: Documentary compliance (USD) 150 168.8 35.2 0 (20 Economies) Time to import: Border compliance (hours) 154 126.3 8.5 0 (25 Economies) Cost to import: Border compliance (USD) 444 684.3 100.2 0 (28 Economies) Time to import: Documentary compliance (hours) 180 97.7 3.4 1 (30 Economies) Cost to import: Documentary compliance (USD) 1025 283.5 24.9 0 (30 Economies) Figure – Trading across Borders in Burundi and comparator economies – Ranking and Score DB 2019 Trading Across Borders Score 0 100 68.06: Kenya (Rank: 112) 66.73: Uganda (Rank: 119) 53.59: Regional Average (Sub-Saharan Africa) 47.34: Burundi (Rank: 169) 3.45: Congo, Dem. Rep. (Rank: 188) 100.00: France (Rank: 1) Note: The ranking of economies on the ease of trading across borders is determined by sorting their scores for trading across borders. These scores are the simple average of the scores for the time and cost for documentary compliance and border compliance to export and import. Figure – Trading across Borders in Burundi – Time and Cost Time (hours) Cost (USD) 200 180 1200 1025 154 1000 150 Time (hours) Cost (USD) 120 800 100 600 444 59 400 50 109 150 200 0 0 Export Export Import Import - - - - Border Documentary Border Documentary Compliance Compliance Compliance Compliance Page 39 Doing Business 2019 Burundi Details – Trading across Borders in Burundi Characteristics Export Import Product HS 09 : Coffee, tea, matï and spices HS 8708: Parts and accessories of motor vehicles Trade partner Switzerland Belgium Border Kobero-Kabanga border crossing Kobero-Kabanga border crossing Distance (km) 225 225 Domestic transport time (hours) 20 26 Domestic transport cost (USD) 261 361 Details – Trading across Borders in Burundi – Components of Border Compliance Time to Complete (hours) Associated Costs (USD) Export: Clearance and inspections required 24.0 105.9 by customs authorities Export: Clearance and inspections required 34.7 3.0 by agencies other than customs Export: Port or border handling 0.0 0.0 Import: Clearance and inspections required 65.1 76.4 by customs authorities Import: Clearance and inspections required 85.7 352.1 by agencies other than customs Import: Port or border handling 12.0 15.0 Page 40 Doing Business 2019 Burundi Details – Trading across Borders in Burundi – Trade Documents Export Import Export license Commercial invoice Certificate of origin (OBR) Packing list Commercial invoice Import license NIF (fiscal identification number) Certificate of conformity Transit document Transit document Phytosanitary certificate Tax NIF Export declaration Electronic cargo tracking note (BESC) Bill of lading Import declaration SOLAS certificate Certificate of origin Quality certificate Gate pass Certificate of Origin (International Coffee Organization) Bill of lading SOLAS certificate Page 41 Doing Business 2019 Burundi Enforcing Contracts The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Time required to enforce a contract through the The dispute in the case study involves the breach of a sales contract between 2 courts (calendar days) domestic businesses. The case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt • Time to file and serve the case enforcement. • Time for trial and to obtain the judgment To make the data comparable across economies, Doing Business uses several • Time to enforce the judgment assumptions about the case: Cost required to enforce a contract through the - The dispute concerns a lawful transaction between two businesses (Seller and courts (% of claim) Buyer), both located in the economy’s largest business city. For 11 economies the data are also collected for the second largest business city. • Attorney fees - The buyer orders custom-made goods, then fails to pay alleging that the goods are • Court fees not of adequate quality. - The value of the dispute is 200% of the income per capita or the equivalent in local • Enforcement fees currency of USD 5,000, whichever is greater. - The seller sues the buyer before the court with jurisdiction over commercial cases Quality of judicial processes index (0-18) worth 200% of income per capita or $5,000. • Court structure and proceedings (-1-5) - The seller requests the pretrial attachment of the defendant’s movable assets to secure the claim. • Case management (0-6) - The dispute on the quality of the goods requires an expert opinion. • Court automation (0-4) - The judge decides in favor of the seller; there is no appeal. • Alternative dispute resolution (0-3) - The seller enforces the judgment through a public sale of the buyer’s movable assets. Page 42 Doing Business 2019 Burundi Enforcing Contracts - Burundi Standardized Case Claim value BIF 8,423,031 Court name Bujumbura Commercial Court City Covered Bujumbura Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Time (days) 832 655.1 582.4 None in 2017/18 Cost (% of claim value) 36.1 42.3 21.2 None in 2017/18 Quality of judicial processes index (0-18) 5.0 6.7 11.5 None in 2017/18 Figure – Enforcing Contracts in Burundi and comparator economies – Ranking and Score DB 2019 Enforcing Contracts Score 0 100 74.89: France (Rank: 12) 60.60: Uganda (Rank: 71) 58.27: Kenya (Rank: 88) 48.87: Regional Average (Sub-Saharan Africa) 42.97: Burundi (Rank: 158) 33.28: Congo, Dem. Rep. (Rank: 178) Note: The ranking of economies on the ease of enforcing contracts is determined by sorting their scores for enforcing contracts. These scores are the simple average of the scores for each of the component indicators. Figure – Enforcing Contracts in Burundi – Time and Cost Time (days) Cost (% of claim value) 900 832 90 80.6 Cost (% of claim value) 800 80 700 655.1 70 610 582.4 Time (days) 600 60 465 490 500 41.8 42.3 50 395 400 36.1 40 31.3 300 30 21.2 200 17.4 20 100 10 0 0 Burundi Congo, France Kenya OECD Sub-Saharan Uganda Dem. high Africa Rep. income Page 43 Doing Business 2019 Burundi Figure – Enforcing Contracts in Burundi and comparator economies – Measure of Quality Burundi 1.5 0.5 0 3 Congo, Dem. Rep. 2.5 0.5 0 2.5 France 2.5 3 2 4.5 Kenya 2 2 0.5 4.5 Uganda 2.5 1.5 0.5 4 OECD high income 2.5 3.1 2.3 3.6 Sub-Saharan Africa 2.2 1.1 0.3 3.1 0 2 4 6 8 10 12 14 Sub-Indicator Score Alternative dispute resolution (0-3) Case management (0-6) Court automation (0-4) Court structure and proceedings (-1-5) Details – Enforcing Contracts in Burundi Indicator Time (days) 832 Filing and service 22 Trial and judgment 395 Enforcement of judgment 415 Cost (% of claim value) 36.1 Attorney fees 20 Court fees 10 Enforcement fees 6.1 Quality of judicial processes index (0-18) 5.0 Court structure and proceedings (-1-5) 3.0 Case management (0-6) 0.5 Court automation (0-4) 0.0 Alternative dispute resolution (0-3) 1.5 Page 44 Doing Business 2019 Burundi Details – Enforcing Contracts in Burundi – Measure of Quality Answer Score Quality of judicial processes index (0-18) 5.0 Court structure and proceedings (-1-5) 3.0 1. Is there a court or division of a court dedicated solely to hearing commercial cases? Yes 1.5 2. Small claims court 0.0 2.a. Is there a small claims court or a fast-track procedure for small claims? No 2.b. If yes, is self-representation allowed? n.a. 3. Is pretrial attachment available? Yes 1.0 4. Are new cases assigned randomly to judges? Yes, but manual 0.5 5. Does a woman's testimony carry the same evidentiary weight in court as a man's? Yes 0.0 Case management (0-6) 0.5 1. Time standards 0.0 1.a. Are there laws setting overall time standards for key court events in a civil Yes case? 1.b. If yes, are the time standards set for at least three court events? No 1.c. Are these time standards respected in more than 50% of cases? Yes 2. Adjournments 0.5 2.a. Does the law regulate the maximum number of adjournments that can be Yes granted? 2.b. Are adjournments limited to unforeseen and exceptional circumstances? No 2.c. If rules on adjournments exist, are they respected in more than 50% of cases? Yes 3. Can two of the following four reports be generated about the competent court: (i) time to No 0.0 disposition report; (ii) clearance rate report; (iii) age of pending cases report; and (iv) single case progress report? 4. Is a pretrial conference among the case management techniques used before the No 0.0 competent court? 5. Are there any electronic case management tools in place within the competent court for No 0.0 use by judges? 6. Are there any electronic case management tools in place within the competent court for No 0.0 use by lawyers? Court automation (0-4) 0.0 1. Can the initial complaint be filed electronically through a dedicated platform within the no 0.0 competent court? 2. Is it possible to carry out service of process electronically for claims filed before the No 0.0 competent court? 3. Can court fees be paid electronically within the competent court? No 0.0 4. Publication of judgments 0.0 4.a Are judgments rendered in commercial cases at all levels made available to the No general public through publication in official gazettes, in newspapers or on the internet or court website? 4.b. Are judgments rendered in commercial cases at the appellate and supreme No court level made available to the general public through publication in official gazettes, in newspapers or on the internet or court website? Alternative dispute resolution (0-3) 1.5 1. Arbitration 1.5 Page 45 Doing Business 2019 Burundi 1.a. Is domestic commercial arbitration governed by a consolidated law or Yes consolidated chapter or section of the applicable code of civil procedure encompassing substantially all its aspects? 1.b. Are there any commercial disputes—aside from those that deal with public No order or public policy—that cannot be submitted to arbitration? 1.c. Are valid arbitration clauses or agreements usually enforced by the courts? Yes 2. Mediation/Conciliation 0.0 2.a. Is voluntary mediation or conciliation available? No 2.b. Are mediation, conciliation or both governed by a consolidated law or n.a. consolidated chapter or section of the applicable code of civil procedure encompassing substantially all their aspects? 2.c. Are there financial incentives for parties to attempt mediation or conciliation n.a. (i.e., if mediation or conciliation is successful, a refund of court filing fees, income tax credits or the like)? Page 46 Doing Business 2019 Burundi Resolving Insolvency Doing Business studies the time, cost and outcome of insolvency proceedings involving domestic legal entities. These variables are used to calculate the recovery rate, which is recorded as cents on the dollar recovered by secured creditors through reorganization, liquidation or debt enforcement (foreclosure or receivership) proceedings. To determine the present value of the amount recovered by creditors, Doing Business uses the lending rates from the International Monetary Fund, supplemented with data from central banks and the Economist Intelligence Unit. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Time required to recover debt (years) To make the data on the time, cost and outcome comparable across economies, several assumptions about the business and the case are used: • Measured in calendar years • Appeals and requests for extension are included - A hotel located in the largest city (or cities) has 201 employees and 50 suppliers. The hotel experiences financial difficulties. Cost required to recover debt (% of debtor’s - The value of the hotel is 100% of the income per capita or the equivalent in local estate) currency of USD 200,000, whichever is greater. - The hotel has a loan from a domestic bank, secured by a mortgage over the hotel’s • Measured as percentage of estate value real estate. The hotel cannot pay back the loan, but makes enough money to • Court fees operate otherwise. • Fees of insolvency administrators In addition, Doing Business evaluates the quality of legal framework applicable to • Lawyers’ fees judicial liquidation and reorganization proceedings and the extent to which best • Assessors’ and auctioneers’ fees insolvency practices have been implemented in each economy covered. • Other related fees Outcome • Whether business continues operating as a going concern or business assets are sold piecemeal Recovery rate for creditors • Measures the cents on the dollar recovered by secured creditors • Outcome for the business (survival or not) determines the maximum value that can be recovered • Official costs of the insolvency proceedings are deducted • Depreciation of furniture is taken into account • Present value of debt recovered Strength of insolvency framework index (0- 16) • Sum of the scores of four component indices: • Commencement of proceedings index (0-3) • Management of debtor’s assets index (0-6) • Reorganization proceedings index (0-3) • Creditor participation index (0-4) Page 47 Doing Business 2019 Burundi Resolving Insolvency - Burundi Indicator Burundi Sub-Saharan OECD high Best Regulatory Africa income Performance Recovery rate (cents on the dollar) 7.5 20.3 70.5 None in 2017/18 Time (years) 5.0 2.9 1.7 0.4 (Ireland) Cost (% of estate) 30.0 22.7 9.3 1.0 (Norway) Outcome (0 as piecemeal sale and 1 as going 0 .. .. .. concern) Strength of insolvency framework index (0-16) 8.5 6.4 11.9 None in 2017/18 Figure – Resolving Insolvency in Burundi and comparator economies – Ranking and Score DB 2019 Resolving Insolvency Score 0 100 74.08: France (Rank: 28) 57.41: Kenya (Rank: 57) 39.89: Uganda (Rank: 112) 30.80: Regional Average (Sub-Saharan Africa) 30.61: Burundi (Rank: 147) 0.00: Congo, Dem. Rep. (Rank: 168) Note: The ranking of economies on the ease of resolving insolvency is determined by sorting their scores for resolving insolvency. These scores are the simple average of the scores for the recovery rate and the strength of insolvency framework index. Figure – Resolving Insolvency in Burundi – Time and Cost Time (years) Cost (% of estate) 6 35 5.0 30.0 29.5 Cost (% of estate) 5 4.5 30 Time (years) 22.0 22.7 25 4 2.9 20 3 2.2 15 1.9 1.7 2 9.0 9.3 10 1 5 0 0 Burundi No France Kenya OECD Sub-Saharan Uganda Practice high Africa Congo, income Dem. Rep. Page 48 Doing Business 2019 Burundi Figure – Resolving Insolvency in Burundi and comparator economies – Measure of Quality Burundi 4 2.5 1 1 Congo, Dem. Rep. 5.5 2 1 0.5 France 6 3 1 1 Kenya 4 3 3 3 Uganda 3 2.5 0 0.5 OECD high income 5.3 2.8 2.2 1.9 Sub-Saharan Africa 4.1 2.3 1 0.5 0 2 4 6 8 10 12 14 Sub-Indicator Score Management of debtor's assets index (0-6) Commencement of proceedings index (0-3) Creditor participation index (0-4) Reorganization proceedings index (0-3) Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Figure – Resolving Insolvency in Burundi and comparator economies – Recovery Rate Recovery rate(cents on the dollar) 100 80 73.8 60 39.3 40 31.2 20.3 20 7.5 0.0 0 Burundi Congo, Dem. Rep. France Kenya Uganda Sub-Saharan Africa Page 49 Doing Business 2019 Burundi Details – Resolving Insolvency in Burundi Indicator Answer Score Proceeding foreclosure Mirage cannot repay the money owed to BizBank, so the bank will start foreclosure proceedings at the Commercial Court. At the end of the procedure, the hotel building will be sold and BizBank will obtain payment. Outcome piecemeal sale The foreclosure procedure will lead to the sale of the immovable asset and repayment to the creditors so the hotel will no longer exist. Time (in years) 5.0 ccording to our estimations, the foreclosure proceedings will take approximately 5 years. This estimate includes summoning Mirage, the foreclosure proceedings and the organization of the sale by the bailiff. Cost (% of 30.0 According to our estimations, foreclosure proceedings will cost approximately BIF 81,000,000 estate) (30% of the value of Mirage). Lawyer fees constitute the most important components of the procedure. Recovery rate 7.5 (cents on the dollar) Page 50 Doing Business 2019 Burundi Details – Resolving Insolvency in Burundi – Measure of Quality Answer Score Strength of insolvency framework index (0-16) 8.5 Commencement of proceedings index (0-3) 2.5 What procedures are available to a DEBTOR when commencing insolvency proceedings? (a) Debtor may 1.0 file for both liquidation and reorganization Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (b) Yes, but a 0.5 creditor may file for liquidation only What basis for commencement of the insolvency proceedings is allowed under the (c) Both (a) and 1.0 insolvency framework? (b) options are available, but only one of them needs to be complied with Management of debtor's assets index (0-6) 4.0 Does the insolvency framework allow the continuation of contracts supplying essential goods Yes 1.0 and services to the debtor? Does the insolvency framework allow the rejection by the debtor of overly burdensome Yes 1.0 contracts? Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0 Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0 Does the insolvency framework provide for the possibility of the debtor obtaining credit after No 0.0 commencement of insolvency proceedings? Does the insolvency framework assign priority to post-commencement credit? (c) No priority is 0.0 assigned to post- commencement creditors Reorganization proceedings index (0-3) 1.0 Which creditors vote on the proposed reorganization plan? (b) Only creditors 1.0 whose rights are affected by the proposed plan Does the insolvency framework require that dissenting creditors in reorganization receive at No 0.0 least as much as what they would obtain in a liquidation? Are the creditors divided into classes for the purposes of voting on the reorganization plan, No 0.0 does each class vote separately and are creditors in the same class treated equally? Creditor participation index (0-4) 1.0 Does the insolvency framework require approval by the creditors for selection or No 0.0 appointment of the insolvency representative? Does the insolvency framework require approval by the creditors for sale of substantial No 0.0 assets of the debtor? Does the insolvency framework provide that a creditor has the right to request information Yes 1.0 from the insolvency representative? Does the insolvency framework provide that a creditor has the right to object to decisions No 0.0 accepting or rejecting creditors' claims? Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.” Page 51 Doing Business 2019 Burundi Labor Market Regulation Doing Business presents detailed data for the labor market regulation indicators on the Doing Business website (http://www.doingbusiness.org). The report does not present rankings of economies on these indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business. The most recent round of data collection was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Hiring To make the data comparable across economies, several assumptions about the (i) whether fixed-term contracts are prohibited for worker and the business are used. permanent tasks; (ii) maximum cumulative duration of fixed-term contracts; (iii) length of the The worker: probationary period; (iv) minimum wage. - Is a cashier in a supermarket or grocery store, age 19, with one year of work experience. Working hours - Is a full-time employee. (i) maximum number of working days allowed per - Is not a member of the labor union, unless membership is mandatory. week; (ii) premiums for work: at night, on a weekly rest day and overtime; (iii) whether there are The business: restrictions on work at night, work on a weekly rest - Is a limited liability company (or the equivalent in the economy). day and for overtime work; (iv) whether - Operates a supermarket or grocery store in the economy’s largest business city. nonpregnant and nonnursing women can work For 11 economies the data are also collected for the second largest business city. same night hours as men; (v) length of paid annual - Has 60 employees. leave. - Is subject to collective bargaining agreements if such agreements cover more than 50% of the food retail sector and they apply even to firms that are not party to them. Redundancy rules - Abides by every law and regulation but does not grant workers more benefits than (i) whether redundancy can be basis for terminating those mandated by law, regulation or (if applicable) collective bargaining workers; (ii) whether employer needs to notify agreements. and/or get approval from third party to terminate 1 redundant worker and a group of 9 redundant workers; (iii) whether law requires employer to reassign or retrain a worker before making worker redundant; (iv) whether priority rules apply for redundancies and reemployment. Redundancy cost (i) notice period for redundancy dismissal; (ii) severance payments due when terminating a redundant worker. Job quality (i) whether law mandates equal remuneration for work of equal value and nondiscrimination based on gender in hiring; (ii) whether law mandates paid or unpaid maternity leave; (iii) length of paid maternity leave; (iv) whether employees on maternity leave receive 100% of wages; (v) availability of five fully paid days of sick leave a year; (vi) eligibility requirements for unemployment protection. Page 52 Doing Business 2019 Burundi Labor Market Regulation - Burundi Details – Labor Market Regulation in Burundi Answer Hiring Fixed-term contracts prohibited for permanent tasks? No Maximum length of a single fixed-term contract (months) No limit Maximum length of fixed-term contracts, including renewals (months) No limit Minimum wage applicable to the worker assumed in the case study (US$/month) 2.1 Ratio of minimum wage to value added per worker 0.0 Maximum length of probationary period (months) 6.0 Working hours Standard workday 8.0 Maximum number of working days per week 6.0 Premium for night work (% of hourly pay) 35.0 Premium for work on weekly rest day (% of hourly pay) 0.0 Premium for overtime work (% of hourly pay) 35.0 Restrictions on night work? No Whether nonpregnant and nonnursing women can work the same night hours as men Yes Restrictions on weekly holiday? No Restrictions on overtime work? No Paid annual leave for a worker with 1 year of tenure (working days) 20.0 Paid annual leave for a worker with 5 years of tenure (working days) 21.0 Paid annual leave for a worker with 10 years of tenure (working days) 22.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 21.0 Redundancy rules Dismissal due to redundancy allowed by law? Yes Third-party notification if one worker is dismissed? No Third-party approval if one worker is dismissed? No Third-party notification if nine workers are dismissed? Yes Third-party approval if nine workers are dismissed? No Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? Yes Priority rules for reemployment? Yes Redundancy cost Notice period for redundancy dismissal for a worker with 1 year of tenure 4.3 Notice period for redundancy dismissal for a worker with 5 years of tenure 8.7 Notice period for redundancy dismissal for a worker with 10 years of tenure 13.0 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 8.7 Severance pay for redundancy dismissal for a worker with 1 year of tenure 0.0 Page 53 Doing Business 2019 Burundi Severance pay for redundancy dismissal for a worker with 5 years of tenure 8.7 Severance pay for redundancy dismissal for a worker with 10 years of tenure 13.0 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) 7.2 Job quality Equal remuneration for work of equal value? No Gender nondiscrimination in hiring? Yes Paid or unpaid maternity leave mandated by law? Yes Minimum length of maternity leave (calendar days)? 84.0 Receive 100% of wages on maternity leave? Yes Five fully paid days of sick leave a year? No Unemployment protection after one year of employment? No Minimum contribution period for unemployment protection (months)? n.a. Page 54 Doing Business 2019 Burundi Business Reforms in Burundi In the past year, Doing Business observed a peaking of reform activity worldwide. From June 2, 2017, to May 1, 2018, 128 economies implemented a record 314 regulatory reforms improving the business climate. Reforms inspired by Doing Business have been implemented by economies in all regions. The following are reforms implemented since Doing Business 2008. = Doing Business reform making it easier to do business. = Change making it more difficult to do business. DB2019 Starting a Business: Burundi made starting a business less expensive by reducing the cost of registering a business. Dealing with Construction Permits: Burundi increased the transparency of dealing with construction permits by publishing regulations related to construction online, free of charge. Resolving Insolvency: Burundi made resolving insolvency easier by streamlining the insolvency framework, expanding the scope of the insolvency law and introducing new preventive measures. DB2018 Starting a Business: Burundi made starting a business more expensive by increasing the cost of registering a business. DB2017 Paying Taxes: Burundi made paying taxes easier by introducing a new tax return and eliminating the personalized VAT declaration form. DB2014 Starting a Business: Burundi made starting a business easier by allowing registration with the Ministry of Labor at the one-stop shop and by speeding up the process of obtaining the registration certificate. Dealing with Construction Permits: Burundi made dealing with construction permits easier by establishing a one-stop shop for obtaining building permits and utility connections. Getting Electricity: Burundi made getting electricity easier by eliminating the electricity utility’s monopoly on the sale of materials needed for new connections and by dropping the processing fee for new connections. Registering Property: Burundi made transferring property easier by creating a one-stop shop for property registration. Paying Taxes: Burundi made paying taxes less costly for companies by reducing corporate income tax rate. Trading across Borders: Burundi made trading across borders easier by eliminating the requirement for a preshipment inspection clean report of findings. DB2013 Starting a Business: Burundi made starting a business easier by eliminating the requirements to have company documents notarized, to publish information on new companies in a journal and to register new companies with the Ministry of Trade and Industry. Dealing with Construction Permits: Burundi made obtaining a construction permit easier by eliminating the requirement for a clearance from the Ministry of Health and reducing the cost of the geotechnical study. Registering Property: Burundi made property transfers faster by establishing a statutory time limit for processing property transfer requests at the land registry. Trading across Borders: Burundi reduced the time to trade across borders by enhancing its use of electronic data interchange systems, introducing a more efficient system for monitoring goods going through transit countries and improving border coordination with neighboring transit countries. DB2012 Dealing with Construction Permits: Burundi made dealing with construction permits easier by reducing the cost to obtain a geotechnical study. Protecting Minority Investors: Burundi strengthened investor protections by introducing new requirements for the approval of transactions between interested parties, by requiring greater corporate disclosure to the board of directors and in the annual report and by making it easier to sue directors in cases of prejudicial transactions between interested parties. Paying Taxes: Burundi made paying taxes easier for companies by reducing the payment frequency for social security contributions from monthly to quarterly. Resolving Insolvency: Burundi amended its commercial code to establish foreclosure procedures. Page 55 Doing Business 2019 Burundi DB2011 Paying Taxes: Burundi made paying taxes simpler by replacing the transactions tax with a value added tax. DB2009 Registering Property: Burundi made registering property cheaper by reducing the registration fee. These measures were in part motivated by the desire of these countries to pass the Millennium Challenge Corporation eligibility threshold. DB2008 Registering Property: Burundi made registering property less costly by reducing the registration fee. Page 56 Doing Business 2019 Burundi Page 57