59232 Syrian Arab Republic © 2010 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone 202-473-1000 Internet www.worldbank.org All rights reserved. 1 2 3 4 08 07 06 05 A copublication of The World Bank and the International Finance Corporation. This volume is a product of the staff of the World Bank Group. The findings, interpretations and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of the World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. 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ISBN: 978-0-8213-7960-8 E-ISBN: 978-0-8213-8630-9 DOI: 10.1596/978-0-8213-7960-8 ISSN: 1729-2638 Library of Congress Cataloging-in-Publication data has been applied for. Printed in the United States Current features News on the Doing Business project http://www.doingbusiness.org Rankings How economies rank-from 1 to 183 http://www.doingbusiness.org/rankings/ Contents Reformers Short summaries of DB2011 reforms, lists of reformers since DB2004 Introduction and a ranking simulation tool and Aggregate Rankings http://www.doingbusiness.org/reforms/ 5 - Year Measure of Historical data Cumulative Change Customized data sets since DB2004 http://www.doingbusiness.org/custom-query/ Starting a Business Methodology and research Dealing with The methodologies and research papers underlying Doing Business Construction Permits http://www.doingbusiness.org/Methodology/ Registering Property Download reports Access to Doing Business reports as well as subnational and regional Getting Credit reports, reform case studies and customized country and regional profiles Protecting Investors http://www.doingbusiness.org/reports/ Paying Taxes Subnational and regional projects Differences in business regulations at the subnational and regional Trading Across Borders level http://www.doingbusiness.org/subnational-reports/ Enforcing Contracts Law Library Closing a Business Online collection of business laws and regulations relating to business and gender issues Doing Business 2011 http://www.doingbusiness.org/law-library/ Business Reforms http://wbl.worldbank.org/ Local partners More than 8,200 specialists in 183 economies who participate in Doing Business http://www.doingbusiness.org/Local-Partners/Doing-Business/ Business Planet Interactive map on the ease of doing business http://rru.worldbank.org/businessplanet Doing Business 2011 : Making a Difference for Entrepreneurs is the eighth in a series of annual reports investigating regulations that enhance business activity and those that constrain it. Doing Business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 183 economies, from Afghanistan to Zimbabwe, over time. A set of regulations affecting 9 stages of a business's life are measured: starting a business, dealing with construction permits, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and closing a business. Data in Doing Business 2011 are current as of June 1, 2010*. The indicators are used to analyze economic outcomes and identify what reforms have worked, where, and why. The Doing Business methodology has limitations. Other areas important to business such as an economy 's proximity to large markets, the quality of its infrastructure services (other than those related to trading across borders), the security of property from theft and looting, the transparency of government procurement, macroeconomic conditions or the underlying strength of institutions, are not studied directly by Doing Business. To make the data comparable across economies, the indicators refer to a specific type of business, generally a local limited liability company operating in the largest business city. Because standard assumptions are used in the data collection, comparisons and benchmarks are valid across economies. The data not only highlight the extent of obstacles to doing business; they also help identify the source of those obstacles, supporting policymakers in designing reform. The data set covers 183 economies: 46 in Sub-Saharan Africa, 32 in Latin America and the Caribbean, 25 in Eastern Europe and Central Asia, 24 in East Asia and Pacific, 18 in the Middle East and North Africa and 8 in South Asia, as well as 30 OECD high-income economies. The following pages present the summary Doing Business indicators for Syrian Arab Republic. The data used for this economy profile come from the Doing Business database and are summarized in graphs. These graphs allow a comparison of the economies in each region not only with one another but also with the "good practice" economy for each indicator. The good-practice economies are identified by their position in each indicator as well as their overall ranking and by their capacity to provide good examples of business regulation to other countries. These good -practice economies do not necessarily rank number 1 in the topic or indicator, but they are in the top 10. More information is available in the full report. Doing Business 2011 : Making a Difference for Entrepreneurs presents the indicators, analyzes their relationship with economic outcomes and recommends reforms. The data, along with information on ordering the report, are available on the Doing Business website (www.doingbusiness.org). * Except for the Paying Taxes indicator that refers to the period January to December of 2009. Note: 2008-2010 Doing Business data and rankings have been recalculated to reflect changes to the methodology and the addition of new economies (in the case of the rankings). 1 Economy Rankings - Ease of Doing Business Syrian Arab Republic is ranked 144 out of 183 economies. Singapore is the top ranked economy in the Ease of Doing Business. Syrian Arab Republic - Compared to global good practice economy as well as selected economies: Syrian Arab Republic's ranking in Doing Business 2011 Rank Doing Business 2011 Ease of Doing Business 144 Starting a Business 134 Dealing with Construction Permits 134 Registering Property 80 Getting Credit 168 Protecting Investors 109 Paying Taxes 110 Trading Across Borders 120 Enforcing Contracts 176 Closing a Business 95 2 Summary of Indicators - Syrian Arab Republic Starting a Business Procedures (number) 7 Time (days) 13 Cost (% of income per capita) 38.1 Min. capital (% of income per capita) 355.1 Dealing with Construction Permits Procedures (number) 26 Time (days) 128 Cost (% of income per capita) 568.4 Registering Property Procedures (number) 4 Time (days) 19 Cost (% of property value) 27.9 Getting Credit Strength of legal rights index (0-10) 1 Depth of credit information index (0-6) 2 Public registry coverage (% of adults) 2.2 Private bureau coverage (% of adults) 0.0 Protecting Investors Extent of disclosure index (0-10) 7 Extent of director liability index (0-10) 5 Ease of shareholder suits index (0-10) 2 Strength of investor protection index (0-10) 4.7 Paying Taxes Payments (number per year) 20 Time (hours per year) 336 Profit tax (%) 23.2 Labor tax and contributions (%) 19.3 Other taxes (%) 0.5 Total tax rate (% profit) 42.9 Trading Across Borders Documents to export (number) 8 Time to export (days) 15 Cost to export (US$ per container) 1190 Documents to import (number) 9 Time to import (days) 21 Cost to import (US$ per container) 1625 3 Enforcing Contracts Procedures (number) 55 Time (days) 872 Cost (% of claim) 29.3 Closing a Business Recovery rate (cents on the dollar) 27.4 Time (years) 4.1 Cost (% of estate) 9 The 5 year measure of cumulative change illustrates how the business regulatory environment has changed in 174 economies from Doing Business 2006 to Doing Business 2011. Instead of highlighting which countries currently have the most business friendly environment, this new approach shows the extent to which an economy's regulatory environment for business has changed compared with 5 years ago. This snapshot reflects all cumulative changes in an economy's business regulation as measured by the Doing Business indicators-such as a reduction in the time to start a business thanks to a one-stop shop or an increase in the strength of investor protection index thanks to new stock exchange rules that tighten disclosure requirements for related -party transactions. This figure shows the distribution of cumulative change across the 9 indicators and time between Doing Business 2006 and Doing Business 2011 0.24 0.20 Doing business has 0.16 become easier (DB change 0.12 score) 0.08 0.04 0.00 Egypt, Arab Syrian Arab United Arab Turkey Jordan Lebanon Rep. Republic Emirates 6 1. Benchmarking Starting a Business Regulations: Syrian Arab Republic is ranked 134 overall for Starting a Business. Ranking of Syrian Arab Republic in Starting a Business - Compared to good practice and selected economies: 7 The following table shows Starting a Business data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Procedures Time (days) Cost (% of Min. capital (number) income per (% of income Economies capita) per capita) Denmark* 0.0 New Zealand* 1 1 0.0 Selected Economy Syrian Arab Republic 7 13 38.1 355.1 Comparator Economies Egypt, Arab Rep. 6 7 6.3 0.0 Jordan 8 13 44.6 17.9 Lebanon 5 9 75.0 39.8 Turkey 6 6 17.2 9.9 United Arab Emirates 8 15 6.4 0.0 * The following economies are also good practice economies for : Procedures (number): Canada Cost (% of income per capita): Slovenia 8 2. Historical data: Starting a Business in Syrian Arab Republic Starting a Business data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 133 134 Procedures (number) 13 8 7 7 Time (days) 43 16 15 13 Cost (% of income per capita) 55.7 18.2 27.8 38.1 Min. capital (% of income per capita) 3673.3 4353.8 1012.5 355.1 3. The following graphs illustrate the Starting a Business sub indicators in Syrian Arab Republic over the past 4 years: 9 Starting a Business Summary - Syrian Arab Republic This table summarizes the procedures and costs associated with setting up a business in the Syrian Arab Republic. STANDARDIZED COMPANY Legal Form: Limited Liability Company City: Damascus Registration Requirements: No: Procedure Time to complete Cost to complete 1 Apply for company name reservation & commercial registration at the 5 SYP 30 Directorate of Internal Trade at the Ministry of Economy and Trade 2 Open a financial record for the company and register for taxes at the 3 SYP 7,094 tax authority of the Finance Ministry 3 * Publish memorandum of association in the Official Gazette 1 SYP 25,000 4 * Deposit the initial capital in a bank and obtain a statement 1 SYP 300 5 Visit commercial registry with the signed copy of articles of 1 SYP 10,000 incorporation 6 Register with the Social Security Organization 1 SYP 20 7 Make a company seal 3 SYP 500 * Takes place simultaneously with another procedure. 10 Starting a Business Details - Syrian Arab Republic Procedure 1 Apply for company name reservation & commercial registration at the Directorate of Internal Trade at the Ministry of Economy and Trade Time to complete: 5 Cost to complete: SYP 30 Comment: The founders complete a draft of the memorandum of association and present it to the Ministry of Economy and Trade. The Ministry reviews the draft and requests that the founders make changes needed to comply with the law. If no amendments are required, the founders are called to sign the company memorandum before the Director of Interior Trade at the Ministry. Once approved, the founders are given five certified copies, which they should take to the Directorate of Finance for registration upon declaring an address and place of business and paying the stamp duty. Procedure 2 Open a financial record for the company and register for taxes at the tax authority of the Finance Ministry Time to complete: 3 Cost to complete: SYP 7,094 Comment: The founders may open a financial record for the company at the Tax and Financial Department. In this procedure, the Tax Department will be informed about the start of business activities. A new local administration tax has been introduced which is calculated as 0.5% of the stamp duty amount. in a company with the minimum capital of SYP 918740 the stamp duty is set at SYP 4594 and the local administration tax is set at SYP 2500. Procedure 3 Publish memorandum of association in the Official Gazette Time to complete: 1 Cost to complete: SYP 25,000 Comment: Limited liability companies are required by law to publish their memorandum of association in the Official Gazette. Payment is to be made to the Official Gazette before obtaining the commercial registration certificate. Procedure 4 Deposit the initial capital in a bank and obtain a statement Time to complete: 1 Cost to complete: SYP 300 Comment: The founders are required to deposit initial capital ( %40 of the capital at the time of registration) before finalizing commercial registration with the Ministry of Economy and Trade. Procedure 5 Visit commercial registry with the signed copy of articles of incorporation Time to complete: 1 Cost to complete: SYP 10,000 Comment: The company will be registered upon presenting the articles of incorporation and the other 11 requested documents, including proof of headquarters (ownership or lease contract of the premises, bank statement for proof of deposit of the company capital, criminal record certificate , no objection letter from the Finance Ministry and the Gazette receipt. Procedure 6 Register with the Social Security Organization Time to complete: 1 Cost to complete: SYP 20 Comment: The company must register its employees with the social security organization within 15 days of employment. The social security organization takes care of pension and worker's compensation. Procedure 7 Make a company seal Time to complete: 3 Cost to complete: SYP 500 Comment: Though not explicitly cited in Syrian law, the use of a seal is a commercial custom. The official authorities, especially the tax authorities, assume that companies use a seal to authenticate their transactions. Under the Syrian commercial law, commercial custom is considered as a source of commercial law. 12 13 1. Benchmarking Dealing with Construction Permits Regulations: Syrian Arab Republic is ranked 134 overall for Dealing with Construction Permits. Ranking of Syrian Arab Republic in Dealing with Construction Permits - Compared to good practice and selected economies: 14 The following table shows Dealing with Construction Permits data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Procedures Time (days) Cost (% of (number) income per Economies capita) Denmark 6 Qatar 0.8 Singapore 25 Selected Economy Syrian Arab Republic 26 128 568.4 Comparator Economies Egypt, Arab Rep. 25 218 293.7 Jordan 19 87 634.1 Lebanon 21 218 284.7 Turkey 25 188 231.4 United Arab Emirates 17 64 35.8 15 2. Historical data: Dealing with Construction Permits in Syrian Arab Republic Dealing with Construction Permits data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 130 134 Procedures (number) 26 26 26 26 Time (days) 128 128 128 128 Cost (% of income per capita) 658.3 697.0 540.3 568.4 3. The following graphs illustrate the Dealing with Construction Permits sub indicators in Syrian Arab Republic over the past 4 years: 16 Dealing with Construction Permits in Syrian Arab Republic The table below summarizes the procedures, time, and costs to build a warehouse in the Syrian Arab Republic. BUILDING A WAREHOUSE City: Damascus Registration Requirements: No: Procedure Time to complete Cost to complete 1 Obtain certificate of land ownership 1 day SYP 50 2 Submit application for zoning clearance 1 day no charge 3 Receive municipal inspection 1 day no charge 4 Obtain zoning clearance from the municipality 7 days no charge 5 Obtain approval of project designs and drawings from the Engineering 30 days SYP 368,503 Syndicate 6 Obtain building permit 30 days SYP 250,000 7 Submit report to the municipality and request foundation inspection 1 day no charge 8 Receive foundation inspection from the municipality 1 day no charge 17 9 Submit report to the municipality and request inspection of columns I 1 day no charge 10 Receive columns inspection I 1 day no charge 11 Submit report to the municipality and requests inspection of columns II 1 day no charge 12 Receive columns inspection II 1 day no charge 13 Submit report to the municipality and request inspection of first floor 1 day no charge ceiling 14 Receive first floor ceiling inspection 1 day no charge 15 Submit report to the municipality and request inspection of second floor 1 day no charge ceiling 16 Receive inspection of second floor ceiling 1 day no charge 17 Obtain approval of the completion of building process 1 day no charge 18 * Apply for electricity connection 1 day SYP 2,500 19 Receive inspection from the Public Establishment for Distribution and 1 day no charge Exploitation of Electrical Energy (PEDEEE) 20 Obtain electricity connection 45 days SYP 6,300 21 * Apply for water connection 1 day no charge 22 Receive inspection from the Water Authority 1 day no charge 23 Obtain water connection 4 days SYP 8,000 24 * Apply for telephone line 1 day no charge 25 * Receive inspection by telecommunications provider 1 day no charge 26 Obtain telephone line 17 days SYP 5,000 * Takes place simultaneously with another procedure. 18 Dealing with Construction Permits Details - Syrian Arab Republic Procedure 1 Obtain certificate of land ownership Time to complete: 1 day Cost to complete: SYP 50 Agency: Property Registry Comment: Land ownership documents should be attached to the application for a building permit, and should be less than 3 months old. The certificate of land ownership is obtained at the Real Estate Authority located in the Property Registry. Procedure 2 Submit application for zoning clearance Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: Damascus is divided into organizational zones ( ) and planning zones ( ). Zoning clearance ( ) is required even if the warehouse is to be built in the correct commercial/ industrial zone. Procedure 3 Receive municipal inspection Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: An official will visit the location automatically, without notification or prior arrangement. However and in most cases the contractor would accompany the official to show him the exact location. Procedure 4 Obtain zoning clearance from the municipality Time to complete: 7 days Cost to complete: no charge Agency: Municipality Comment: Most industrial buildings are located outside the planning zones (the assumed warehouse falls under this category). In this case, the application is studied back and forth by the municipality and the Executive Office of the Governorate ( ). The latter approves the communication () and sends it to the municipality. Procedure 5 Obtain approval of project designs and drawings from the Engineering Syndicate Time to complete: 30 days Cost to complete: SYP 368,503 19 Agency: Engineering Syndicate Comment: This procedure is necessary because an "employed" engineer cannot do it. The engineer has to be appointed by the Engineering Syndicate. Fees are 3.33% of the estimated cost value as set by the Ministry of Construction and Development ( ), which is SYP 8,500/ sq. m. for commercial buildings. The 3.33% consists of: 1. 2.5% divided into: (i) 26% for architectural designer (18 + ( % for the implementation (ii) 28% for installation designer (22 + ( % for the implementation (iii) 6% for sanitary designer (3/1 .2 ( of 2.5 % (0.83%) for the checker () Thus, the total fees are 4/3 * 2.5% *8,500 * 13, 00.6 = SYP 368,503. Procedure 6 Obtain building permit Time to complete: 30 days Cost to complete: SYP 250,000 Agency: Municipality Comment: A building license is valid for 2 years and may be extended for another year. BuildCo should submit the engineer's drafts/ designs and corresponding approvals and the land title. Procedure 7 Submit report to the municipality and request foundation inspection Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: Both the site-engineer ( ) and the supervising engineer ( ) are in charge of reporting to the municipality and to request inspection at 5 points during construction as following: foundations, two columns, first floor ceiling, and second floor ceiling. Procedure 8 Receive foundation inspection from the municipality Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: Procedure 9 Submit report to the municipality and request inspection of columns I Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: 20 Procedure 10 Receive columns inspection I Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: Procedure 11 Submit report to the municipality and requests inspection of columns II Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: Procedure 12 Receive columns inspection II Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: Procedure 13 Submit report to the municipality and request inspection of first floor ceiling Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: Procedure 14 Receive first floor ceiling inspection Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: 21 Procedure 15 Submit report to the municipality and request inspection of second floor ceiling Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: The inspection is usually done 3 days after written notification is given. BuildCo must suspend construction until after the inspection or face a fine. Although SYP 500 is the official fee, it is not uncommon to pay around SYP 2,000, which includes unofficial payments. Procedure 16 Receive inspection of second floor ceiling Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: The inspection is usually done 3 days after written notification is given. BuildCo must suspend construction until after the inspection or face a fine. Procedure 17 Obtain approval of the completion of building process Time to complete: 1 day Cost to complete: no charge Agency: Municipality Comment: Before granting the approval, municipal authorities conduct an on-site inspection. Procedure 18 Apply for electricity connection Time to complete: 1 day Cost to complete: SYP 2,500 Agency: Public Establishment for Distribution and Exploitation of Electrical Energy (PEDEEE) Comment: BuildCo must submit the documentation, including all approvals obtained up to this stage. The cost includes the price of the meter. Procedure 19 Receive inspection from the Public Establishment for Distribution and Exploitation of Electrical Energy (PEDEEE) Time to complete: 1 day Cost to complete: no charge Agency: Public Establishment for Distribution and Exploitation of Electrical Energy (PEDEEE) 22 Comment: Procedure 20 Obtain electricity connection Time to complete: 45 days Cost to complete: SYP 6,300 Agency: Public Establishment for Distribution and Exploitation of Electrical Energy (PEDEEE) Comment: A substation is necessary for a capacity of 140 kava. The only options available in this case would be 100-kVA and 200-kVA transformers. The costs listed below are those of a 200-kVA substation and consist of: 1. Contribution fees: SYP 150,000 (contribution to the substation) and SYP 200,000 (contribution to the medium-voltage lines); 2. Labor costs: SYP 24,124 (substation works) and SYP 12,762 (from medium-voltage lines to substation); 3. Meter installation cost: SYP 64,722 4. Cost of material (provided by the utility): SYP 672,840 (substation works) and SYP 15,203 (from medium-voltage lines to transformer); and 5. Transportation costs: SYP 17,625 (substation works) + SYP 10,375 (from medium-voltage lines to transformer). Procedure 21 Apply for water connection Time to complete: 1 day Cost to complete: no charge Agency: Water Authority Comment: BuildCo must submit the documentation for water connection, including all approvals obtained up to this stage. Procedure 22 Receive inspection from the Water Authority Time to complete: 1 day Cost to complete: no charge Agency: Water Authority Comment: Procedure 23 Obtain water connection Time to complete: 4 days Cost to complete: SYP 8,000 Agency: Water Authority Comment: Normally, the customer buys the pipes necessary for the connection and lays them out as the distance (10 m.) is short. The final connection however (meter installation) is done by the Water Authority. Meter installation fees are around SYP 5,000 and price of the pipelines is about SYP 300/ m. 23 Procedure 24 Apply for telephone line Time to complete: 1 day Cost to complete: no charge Agency: Syria Telecom Comment: Procedure 25 Receive inspection by telecommunications provider Time to complete: 1 day Cost to complete: no charge Agency: Syria Telecom Comment: Procedure 26 Obtain telephone line Time to complete: 17 days Cost to complete: SYP 5,000 Agency: Syria Telecom Comment: 24 25 1. Benchmarking Registering Property Regulations: Syrian Arab Republic is ranked 80 overall for Registering Property. Ranking of Syrian Arab Republic in Registering Property - Compared to good practice and selected economies: 26 The following table shows Registering Property data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Procedures Time (days) Cost (% of (number) property Economies value) New Zealand* 2 Norway* 1 Saudi Arabia 0.0 Selected Economy Syrian Arab Republic 4 19 27.9 Comparator Economies Egypt, Arab Rep. 7 72 0.8 Jordan 7 21 7.5 Lebanon 8 25 5.8 Turkey 6 6 3.0 United Arab Emirates 1 2 2.0 * The following economies are also good practice economies for : Procedures (number): United Arab Emirates Time (days): Saudi Arabia, Thailand, United Arab Emirates 27 2. Historical data: Registering Property in Syrian Arab Republic Registering Property data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 80 80 Procedures (number) 4 4 4 4 Time (days) 27 19 19 19 Cost (% of property value) 28.1 28.0 28.0 27.9 3. The following graphs illustrate the Registering Property sub indicators in Syrian Arab Republic over the past 4 years: 28 Registering Property in Syrian Arab Republic This topic examines the steps, time, and cost involved in registering property in the Syrian Arab Republic. STANDARDIZED PROPERTY Property Value: 5,632,782.09 City: Damascus Registration Requirements: No: Procedure Time to complete Cost to complete 1 File application at the Registration Office 1 day $5 2 Obtain property tax clearance from the Ministry of 3 days 13% Transfer tax0.8 % for Finance the Stamp Duty9.867% of the property value for Registration fees, 3.795% of property value for Local Tax 3 Payment of registration fees at the Ministry of 1 day $ 190- 250 Finance 4 Present payment receipts for the registration fee at the 14 days $50 - 60 Registration Office and wait to obtain the title deed 29 Registering Property Details - Syrian Arab Republic Procedure 1 File application at the Registration Office Time to complete: 1 day Cost to complete: $5 Agency: Property Registry, Real Estate Authority ( ) Comment: The application for registration is filed at the Registration Office. It is possible that a lawyer prepares the contract for commercial properties, charging about $500-700. If the lawyer attends with the client to the Registration Office, the client will be charged an additional $60-80 per hour. The lawyer will verify the rightful ownership of the property and check if the property has no encumbrances. Procedure 2 Obtain property tax clearance from the Ministry of Finance Time to complete: 3 days Cost to complete: 13% Transfer tax0.8 % for the Stamp Duty9.867% of the property value for Registration fees, 3.795% of property value for Local Tax Agency: Tax Department of the Ministry of Finance Comment: The seller should obtain proof of payment on all taxes related to the property from the Tax Department of the Ministry of Finance. The transfer tax (20-35% of the property value) is paid at the Ministry of Finance, and it takes up to one week to obtain the tax clearance due to the non-computerized procedures. It is a common practice that parties sign two agreements. One is a non-disclosed agreement that shows the real value of the property. Usually, sellers do not pay the full amount of transfer tax. They pay only 5% and get a primary declaration from the Ministry of Finance, Tax Department, to transfer the title to the buyer who signs an undertaken that he will pay the outstanding amount for the Ministry of Finance. Note that the taxes are paid on the official value of the property, which may be as little as 1/50 of the market price of the property. However, in this case study, value is equal to selling price. Procedure 3 Payment of registration fees at the Ministry of Finance Time to complete: 1 day Cost to complete: $ 190- 250 Agency: Ministry of Finance Comment: The transfer tax ($50), stamp duty ($10) and partial registration fees are included in this cost. The registration fees are paid at the Ministry of Finance, and depend on the value of the property. Payment receipts are then to be presented to the Registration Office along with other documents in order to transfer the title of the deed. Procedure 4 Present payment receipts for the registration fee at the Registration Office and wait to obtain the title deed 30 Time to complete: 14 days Cost to complete: $50 - 60 Agency: Property Registry, Real Estate Authority ( ) Comment: The parties will present the payment receipts of the registration fee at the Registration Office. The registration process continues and the office must approve the transfer and then it will issue the new title deed. The documentation shall include: payment receipts for registration fees (obtained in Procedure 3). 31 32 1. Benchmarking Getting Credit Regulations: Syrian Arab Republic is ranked 168 overall for Getting Credit. Ranking of Syrian Arab Republic in Getting Credit - Compared to good practice and selected economies: 33 The following table shows Getting Credit data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Strength of Depth of Public Private legal rights credit registry bureau Economies index (0-10) information coverage (% coverage (% index (0-6) of adults) of adults) New Zealand* 100.0 Portugal 67.1 Singapore* 10 United Kingdom 6 Selected Economy Syrian Arab Republic 1 2 2.2 0.0 Comparator Economies Egypt, Arab Rep. 3 6 2.9 10.3 Jordan 4 2 1.5 0.0 Lebanon 3 5 8.7 0.0 Turkey 4 5 18.3 42.2 United Arab Emirates 4 5 8.4 17.7 * The following economies are also good practice economies for : Strength of legal rights index (0-10): Hong Kong, China, Kenya, Kyrgyz Republic, Malaysia Private bureau coverage (% of adults): Argentina, Australia, Canada, Iceland, Ireland, Norway, Sweden, United Kingdom, United States 27 countries have the highest credit information index. 34 2. Historical data: Getting Credit in Syrian Arab Republic Getting Credit data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 181 168 Strength of legal rights index (0-10) 1 1 1 1 Depth of credit information index (0-6) 0 0 0 2 Private bureau coverage (% of adults) 0.0 0.0 0.0 0.0 Public registry coverage (% of adults) 0.0 0.0 0.0 2.2 3. The following graphs illustrate the Getting Credit sub indicators in Syrian Arab Republic over the past 4 years: 35 Getting Credit in Syrian Arab Republic The following table summarize legal rights of borrowers and lenders, and the availability and legal framework of credit registries in the Syrian Arab Republic. Getting Credit Indicators (2010) Indicator Private credit Public credit Private bureau coverage (% of adults) 2 bureau registry Are data on both firms and individuals distributed? No Yes 1 Are both positive and negative data distributed? No No 0 Does the registry distribute credit information from retailers, trade No No 0 creditors or utility companies as well as financial institutions? Are more than 2 years of historical credit information distributed? No No 0 Is data on all loans below 1% of income per capita distributed? No Yes 1 Is it guaranteed by law that borrowers can inspect their data in the No No 0 largest credit registry? Coverage 0.0 2.2 Number of individuals 0 371,000 Number of firms 0 18,000 36 Strength of legal rights index (0-10) 1 Can any business use movable assets as collateral while keeping possession of the assets; and any financial No institution accept such assets as collateral ? Does the law allow businesses to grant a non possessory security right in a single category of movable assets, No without 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 No requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend automatically to the products, No proceeds or replacements of the original assets ? Is a general description of debts and obligations permitted in collateral agreements, so that all types of obligations No and debts can be secured by stating a maximum amount rather than a specific amount between the parties ? Is a collateral registry in operation, that is unified geographically and by asset type, as well as indexed by the No grantor's name of a security right ? Do secured creditors have absolute priority to their collateral outside bankruptcy procedures? No Do secured creditors have absolute priority to their collateral in bankruptcy procedures? No During reorganization, are secured creditors' claims exempt from an automatic stay on enforcement? Yes Does the law authorize parties to agree on out of court enforcement? No 37 38 1. Benchmarking Protecting Investors Regulations: Syrian Arab Republic is ranked 109 overall for Protecting Investors. Ranking of Syrian Arab Republic in Protecting Investors - Compared to good practice and selected economies: 39 The following table shows Protecting Investors data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Strength of investor Economies protection index (0-10) New Zealand 9.7 Selected Economy Syrian Arab Republic 4.7 Comparator Economies Egypt, Arab Rep. 5.3 Jordan 4.3 Lebanon 5.0 Turkey 5.7 United Arab Emirates 4.3 40 2. Historical data: Protecting Investors in Syrian Arab Republic Protecting Investors data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 119 109 Strength of investor protection index (0-10) 4.3 4.3 4.3 4.7 3. The following graph illustrates the Protecting Investors index in Syrian Arab Republic compared to best practice and selected Economies: 9.7 5.7 5.3 5.0 4.7 4.3 4.3 b n ey ep ra nd es b an no ir Ara rk R ,A rd ba a A rian Tu al t Jo Le . yp Ze Em ted ub b at Sy Eg ra lic ew ni U N ep R Note: The higher the score, the greater the investor protection. 41 Protecting Investors in Syrian Arab Republic The table below provides a full breakdown of how the disclosure, director liability, and shareholder suits indexes are calculated in the Syrian Arab Republic. Protecting Investors Data (2010) Indicator Extent of disclosure index (0-10) 7 3 What corporate body provides legally sufficient approval for the transaction? 0 Whether immediate disclosure of the transaction to the public and/or shareholders is required? 2 Whether disclosure of the transaction in published periodic filings (annual reports) is required? 2 Whether disclosure of the conflict of interest by Mr. James to the board of directors is required? 0 Whether an external body must review the terms of the transaction before it takes place? Extent of director liability index (0-10) 5 1 Whether shareholders can hold Mr. James liable for the damage that the Buyer-Seller transaction causes to the company? 1 Whether shareholders can hold the approving body (the CEO or board of directors) liable for the damage that the Buyer-Seller transaction causes to the company? 0 Whether a court can void the transaction upon a successful claim by a shareholder plaintiff? 1 Whether Mr. James pays damages for the harm caused to the company upon a successful claim by the shareholder plaintiff? 42 1 Whether Mr. James repays profits made from the transaction upon a successful claim by the shareholder plaintiff? 0 Whether fines and imprisonment can be applied against Mr. James? 1 Whether shareholders can sue directly or derivatively for the damage that the Buyer-Seller transaction causes to the company? Ease of shareholder suits index (0-10) 2 0 Whether the plaintiff can obtain any documents from the defendant and witnesses during trial? 0 Whether the plaintiff can directly question the defendant and witnesses during trial? 1 Whether the plaintiff can request categories of documents from the defendant without identifying specific ones? 1 Whether shareholders owning 10% or less of Buyer's shares can request an inspector to investigate the transaction? 0 Whether the level of proof required for civil suits is lower than that of criminal cases? 0 Whether shareholders owning 10% or less of Buyer's shares can inspect transaction documents before filing suit? Strength of investor protection index (0-10) 4.7 43 44 1. Benchmarking Paying Taxes Regulations: Syrian Arab Republic is ranked 110 overall for Paying Taxes. Ranking of Syrian Arab Republic in Paying Taxes - Compared to good practice and selected economies: 45 The following table shows Paying Taxes data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Payments Time (hours Total tax rate (number per per year) (% profit) Economies year) Maldives* 3 0 Timor-Leste 0.2 Selected Economy Syrian Arab Republic 20 336 42.9 Comparator Economies Egypt, Arab Rep. 29 433 42.6 Jordan 26 101 31.2 Lebanon 19 180 30.2 Turkey 15 223 44.5 United Arab Emirates 14 12 14.1 * The following economies are also good practice economies for : Payments (number per year): Qatar 46 2. Historical data: Paying Taxes in Syrian Arab Republic Paying Taxes data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 105 110 Total tax rate (% profit) 46.5 43.5 42.9 42.9 Payments (number per year) 20 20 20 20 Time (hours per year) 336 336 336 336 3. The following graphs illustrate the Paying Taxes sub indicators in Syrian Arab Republic over the past 4 years: 47 Paying Taxes in Syrian Arab Republic The table below addresses the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year in Syrian Arab Republic, as well as measures of administrative burden in paying taxes. Tax or mandatory Payments Notes on Time Statutory tax Tax Totaltax rate Notes on contribution (number) Payments (hours) rate base (% profit) TTR Training tax 1 various rates Stamp duty on contracts 1 0.4% contract value Environment duties 1 USD 30 0.00 Property transfer tax 1 5.0% capital gains 0.00 Motor vehicle 1 USD 50 to 0.10 registration tax USD 200 Cleanliness duties 1 USD 100 0.10 Tax on insurance 1 from USD 0.20 contracts 60 to USD 200 Municipality duties 0 paid jointly 4.0% corporate 0.90 with CIT income tax Labor tax 12 36 14% and 3% gross salaries 19.30 Corporate income tax 1 300 10-35% taxable profit 22.30 48 Totals 20 336 42.9 49 50 1. Benchmarking Trading Across Borders Regulations: Syrian Arab Republic is ranked 120 overall for Trading Across Borders. Ranking of Syrian Arab Republic in Trading Across Borders - Compared to good practice and selected economies: 51 The following table shows Trading Across Borders data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Documents to Time to Cost to Documents to Time to Cost to export export (days) export (US$ import import (days) import (US$ Economies (number) per (number) per container) container) Denmark* 5 France 2 2 Malaysia 450 Singapore 4 439 Selected Economy Syrian Arab Republic 8 15 1190 9 21 1625 Comparator Economies Egypt, Arab Rep. 6 12 613 6 12 698 Jordan 7 14 825 7 18 1335 Lebanon 5 26 1000 7 35 1200 Turkey 7 14 990 8 15 1063 United Arab Emirates 4 7 521 5 7 542 * The following economies are also good practice economies for : Time to export (days): Estonia 52 2. Historical data: Trading Across Borders in Syrian Arab Republic Trading Across Borders data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 119 120 Cost to export (US$ per container) 1300 1190 1190 1190 Cost to import (US$ per container) 1760 1625 1625 1625 Documents to export (number) 8 8 8 8 Documents to import (number) 9 9 9 9 Time to export (days) 19 15 15 15 Time to import (days) 23 21 21 21 3. The following graphs illustrate the Trading Across Borders sub indicators in Syrian Arab Republic over the past 4 years: 53 54 Trading Across Borders in Syrian Arab Republic These tables list the procedures necessary to import and export a standardized cargo of goods in Syrian Arab Republic. The documents required to export and import the goods are also shown. Nature of Export Procedures (2010) Duration (days) US$ Cost Documents preparation 7 315 Customs clearance and technical control 4 300 Ports and terminal handling 2 125 Inland transportation and handling 2 450 Totals 15 1190 Nature of Import Procedures (2010) Duration (days) US$ Cost Documents preparation 10 400 Customs clearance and technical control 7 700 Ports and terminal handling 2 125 Inland transportation and handling 2 400 Totals 21 1625 55 Documents for Export and Import Export Bill of lading Certificate of origin Commercial invoice Customs export declaration Export license Packing list Preferential certificate Pre-shipment inspection clean report of findings Import Bill of lading Certificate of origin Commercial invoice Consular invoice Customs import declaration Import license Packing list Technical standard/health certificate Terminal handling receipts 56 57 1. Benchmarking Enforcing Contracts Regulations: Syrian Arab Republic is ranked 176 overall for Enforcing Contracts. Ranking of Syrian Arab Republic in Enforcing Contracts - Compared to good practice and selected economies: 58 The following table shows Enforcing Contracts data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Procedures Time (days) Cost (% of (number) claim) Economies Bhutan 0.1 Ireland 20 Singapore 150 Selected Economy Syrian Arab Republic 55 872 29.3 Comparator Economies Egypt, Arab Rep. 41 1010 26.2 Jordan 38 689 31.2 Lebanon 37 721 30.8 Turkey 35 420 18.8 United Arab Emirates 49 537 26.2 59 2. Historical data: Enforcing Contracts in Syrian Arab Republic Enforcing Contracts data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 176 176 Procedures (number) 55 55 55 55 Time (days) 872 872 872 872 Cost (% of claim) 29.3 29.3 29.3 29.3 3. The following graphs illustrate the Enforcing Contracts sub indicators in Syrian Arab Republic over the past 4 years: 60 Enforcing Contracts in Syrian Arab Republic This topic looks at the efficiency of contract enforcement in Syrian Arab Republic. Nature of Procedure (2010) Indicator Procedures (number) 55 Time (days) 872 Filing and service 58.0 Trial and judgment 590.0 Enforcement of judgment 224.0 Cost (% of claim)* 29.30 Attorney cost (% of claim) 16.3 Court cost (% of claim) 4.5 Enforcement Cost (% of claim) 8.5 61 Court information: Damascus Civil Court of First (" - ") Instance, First Section * Claim assumed to be equivalent to 200% of income per capita. 62 63 1. Benchmarking Closing Business Regulations: Syrian Arab Republic is ranked 95 overall for Closing a Business. Ranking of Syrian Arab Republic in Closing Business - Compared to good practice and selected economies: 64 The following table shows Closing Business data for Syrian Arab Republic compared to good practice and comparator economies: Good Practice Recovery rate Time (years) Cost (% of (cents on the estate) Economies dollar) Ireland 0.4 Japan 92.7 Singapore* 1 Selected Economy Syrian Arab Republic 27.4 4.1 9 Comparator Economies Egypt, Arab Rep. 17.4 4.2 22 Jordan 26.9 4.3 9 Lebanon 19.8 4.0 22 Turkey 21.1 3.3 15 United Arab Emirates 11.2 5.1 30 * The following economies are also good practice economies for : Cost (% of estate): Colombia, Kuwait, Norway 65 2. Historical data: Closing Business in Syrian Arab Republic Closing a Business data Doing Business Doing Business Doing Business Doing Business 2008 2009 2010 2011 Rank .. .. 88 95 Time (years) 4.1 4.1 4.1 4.1 Cost (% of estate) 9 9 9 9 Recovery rate (cents on the dollar) 30.7 29.5 29.5 27.4 3. The following graphs illustrate the Closing Business sub indicators in Syrian Arab Republic over the past 4 years: 66 Since 2004 Doing Business has been tracking reforms aimed at simplifying business regulations, strengthening property rights, opening access to credit and enforcing contracts by measuring their impact on 10 indicator sets . * Nearly 1,000 reforms have had an impact on these indicators. Doing Business 2011, covering June 2009 to June 2010, reports that 117 economies implemented 216 reforms to make it easier to start a business. 64% of economies measured by Doing Business have reformed this year, focusing on easing business start-up, lightening the tax burden, simplifying import and export regulations and improving credit information systems. The top 10 most-improved in Doing Business 2011 Dealing with Construction Trading Across Borders Positive Change Registering Property Enforcing Contracts Protecting Investors Starting a Business Closing a Business Negative Change Getting Credit Paying Taxes Permits Economy Kazakhstan Rwanda Peru Vietnam Cape Verde Tajikistan Zambia Hungary Grenada Brunei Darussalam * For Doing Business 2011 the Employing Workers indicator is not included in the aggregate ease of doing business ranking. 67 Summary of changes to business regulation in top 10 most improved economies in Doing Business 2011 and selected comparator economies. Brunei Darussalam Brunei Darussalam made starting a business easier by improving efficiency at the company registrar and implementing an electronic system for name searches. Brunei Darussalam reduced the corporate income tax rate from 23.5% to 22% while also introducing a lower tax rate for small businesses, ranging from 5.5% to 11%. The introduction of an electronic customs system in Brunei Darussalam made trading easier. Cape Verde Cape Verde made start-up easier by eliminating the need for a municipal inspection before a business begins operations and computerizing the system for delivering the municipal license. Cape Verde eased property registration by switching from fees based on a percentage of the property value to lower fixed rates. Cape Verde abolished the stamp duties on sales and checks. Egypt, Arab Rep. Egypt reduced the cost to start a business. Egypt made trading easier by introducing an electronic system for submitting export and import documents. Grenada Grenada eased business start-up by transferring responsibility for the commercial registry from the courts to the civil administration. The appointment of a registrar focusing only on property cut the time needed to transfer property in Grenada by almost half. Grenada's customs administration made trading faster by simplifying procedures, reducing inspections, improving staff training and enhancing communication with users. Hungary Hungary implemented a time limit for the issuance of building permits. Hungary reduced the property registration fee by 6% of the property value. Hungary simplified taxes and tax bases. Amendments to Hungary's bankruptcy law encourage insolvent companies to consider reaching agreements with creditors out of court so as to avoid bankruptcy. Jordan Jordan improved its credit information system by setting up a regulatory framework for establishing a private credit bureau as well as lowering the threshold for loans to be reported to the public credit registry. Jordan abolished certain taxes and made it possible to file income and sales tax returns electronically. Kazakhstan Kazakhstan eased business start-up by reducing the minimum capital requirement to 100 tenge ($0.70) and eliminating the need to have the memorandum of association and company charter notarized. Kazakhstan made dealing with construction permits easier by implementing a one-stop shop related to technical conditions for utilities. Kazakhstan strengthened investor protections by requiring greater corporate disclosure in company annual reports. Kazakhstan speeded up trade through efforts to modernize customs, including implementation of a risk management system and improvements in customs automation. Lebanon Lebanon increased the cost of starting a business. Lebanon improved its credit information system by allowing banks online access to the public credit registry's reports. Peru Peru eased business start-up by simplifying the requirements for operating licenses and creating an online one-stop shop for business registration. Peru streamlined construction permitting by implementing administrative reforms. Peru introduced fast-track procedures at the land registry, cutting by half the time needed to register property. Peru made trading easier by implementing a new web-based electronic data interchange system, risk-based inspections and payment deferrals. Rwanda Rwanda made dealing with construction permits easier by passing new building regulations at the end of April 2010 and implementing new time limits for the issuance of various permits. Rwanda enhanced access to credit by allowing borrowers the right to inspect their own credit report and mandating that loans of all sizes be reported to the central bank's public credit registry. Rwanda reduced the number of trade documents required and enhanced its joint border management procedures with Uganda and other neighbors, leading to an improvement in the trade logistics environment. Syrian Arab Republic Syria eased business start-up by reducing the minimum capital requirement for limited liability companies by two-thirds. It also decentralized approval of the company memorandum. Syria enhanced access to credit by eliminating the minimum threshold for loans included in the database, which expanded the coverage of individuals and firms to 2.8% of the adult population. 68 Tajikistan Tajikistan made starting a business easier by creating a one-stop shop that consolidates registration with the state and the tax authority. Tajikistan strengthened investor protections by requiring greater corporate disclosure in the annual report and greater access to corporate information for minority investors. Tajikistan lowered its corporate income tax rate. United Arab Emirates The United Arab Emirates enhanced access to credit by setting up a legal framework for the operation of the private credit bureau and requiring that financial institutions share credit information. The United Arab Emirates streamlined document preparation and reduced the time to trade with the launch of Dubai Customs' comprehensive new customs system, Mirsal 2. Vietnam Vietnam eased company start-up by creating a one-stop shop that combines the processes for obtaining a business license and tax license and by eliminating the need for a seal for company licensing. Vietnam made dealing with construction permits easier by reducing the cost to register newly completed buildings by 50% and transferring the authority to register buildings from local authorities to the Department of National Resources and Environment. Vietnam improved its credit information system by allowing borrowers to examine their own credit report and correct errors. Zambia Zambia eased business start-up by eliminating the minimum capital requirement. Zambia eased trade by implementing a one-stop border post with Zimbabwe, launching web-based submission of customs declarations and introducing scanning machines at border posts. Zambia improved contract enforcement by introducing an electronic case management system in the courts that provides electronic referencing of cases, a database of laws, real-time court reporting and public access to court records. 69 70