The Private Sector A. W 0 R L D A N K C U N T R Y ST U D Y . .;*~~~~~~ ~~ -. - -A * A WORLD BAN CONR STUDY ,. ..\ A W O RL D B AN K C OU N TRY STUDY Urugua y The Private Sector The World Bank Washington, D.C. Copyright C) 1994 The International Bank for Reconstruction and Development/TiE WORLD BANK 1818 H Street, N.W. Washington, D.C. 20433, U.S.A. All rights reserved Manufactured in the United States of America First printing February 1994 World Bank Country Studies are among the many reports originally prepared for internal use as part of the continuing analysis by the Bank of the economic and related conditions of its developing member countries and of its dialogues with the governments. Some of the reports are published in this series with the least possible delay for the use of governments and the academic, business and financial, and development communities. 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Business enterprises-Uruguay. 3. Government business enterprises-Uruguay. 4. Privatization- Uruguay. 5. Uruguay-Economic policy. I. International Bank for Reconstruction and Development. HD3616.U73U78 1994 338.9895-dc2O 93-44828 CIP Contents Page No. Currency Equivalents and Abbreviations .. vi Acknowledgments ....................................... vii Executive Summary and Reform Agenda .. ix Chapter 1. Endowments and Markets ......................... 1 Chapter 2. Private Sector - Profile and Perceptions ................. 9 Chapter 3. Macroeconomic Policy Issues ....................... 17 Chapter 4. The Foreign Trade Regime ........................ 21 Chapter 5. The Financial System ............................ 29 Chapter 6. The Regulatory Environment ....................... 39 Chapter 7. Labor Market Issues ............................ 45 Chapter 8. The Tax System ............................... 53 Chapter 9. The Legal Framework ........................... 59 Chapter 10. Infrastructure Issues .......... ................... 65 Chapter 11. Private Sector Development Strategy ................... 159 Annex ........................... 81 Additional Survey Tables ................................... 97 Appendix Tables ....................................... 103 - iii - - iv - List of Tables Table 1.1: Basic Indicators. ......................... ........... 2 Table 1.2: Trade-to-Output Ratios ......... 5 Table 2.1 Sectoral Gross National Product at Producer Prices . . . . . . . . . . . . 10 Table 4.1: Chronology of Legal Tariff Reform in Uruguay ................ 24 Table 5.1: Uruguay: Deposits by Private Sector at End of Period .46 Table 5.2: Uruguay: Credit to the Local Private Sector at End of Period .32 Table 7.1: Distribution of Industrial Firms by Size .46 Table 7.2: Real Wages .51 Table 8.1: Uruguay: Evolution of the Tax Structure .................... 53 List of Figures Graph 2.1: Credit to the Private Sector .1 Graph 2.2: Private Savings & Investment in Uruguay .12 Graph 2.3: Uruguay: General Constraints on Private Sector Development .14 List of Boxes Box 1.1: Growth and Productivity in Uruguay. 4 Box 6.1: Montevideo Taxicab Market .40 Box 6.2: Exit Constraints .42 Box 7.1: Social Security Wage Declaration - Lottery .47 Box 9.1: Weak Property Rights: Imputed Values .................... 59 List of Annex Tables Table 1: Characteristics of Uruguay Sample, Overall and By Size .84 Table 2: Constraints to Procurement and Sales .86 Table 3: Origins of Inputs and Duties .87 Table 4: Destination of Production .87 Table 5: Finance Constraints by Firm Size ........................ 88 Table 6: Sources of Finance by Size . ....................... 89 Table 7: General Regulatory Constraints by Sector .90 Table 8: Constraints to Closing an Enterprise by Size .91 Table 9: Constraints on Informal Competition .93 Table 10: Infrastructure Constraints by Size .94 v - List of Annex Figures Figure 1: Composition of Uruguayan Private Sector Sample ..... ......... 83 Figure 2: Uruguay: General Constraints on Operations and Growth ... ...... 85 Figure 3: General Constraints to PSD by Location .. 86 Figure 4: General Regulatory Constraints on PSD .. 91 Figure 5: Uruguay: Labor Regulations Problems of Temporary Reduction ... 92 Appendix Tables Table Al. 1: Uruguay: National Accounts Summary at Constant 1983 Prices, 1980-1992 ....................... 105 Table A1.2: Uruguay: National Accounts Summary at Current Prices, 1980-1992 . . 106 Table Al.3: Uruguay: Changes in GDP by Sector, 1980-1992 . .107 Table A2.:1: Summary Constraints by Sector, 1992 ..107 Table A3. 1: Uruguay: Balance of Payments Summary, 1980-1992 . .108 Table A3.2: Uruguay: International Reserves and External Debt, 1980-1992 .. 110 Table A3.3: Uruguay: Public-Sector Accounts: Central Administration, Public Enterprises, 1980-1992 ..111 Table A3.4: Uruguay: Financing of the Central Administration Deficit, 1980-1992 . . 112 Table A4. 1: Uruguay's Trade in Goods and Non-Factor Services, 1980-1991 .... . 113 Table A4.20: Total Merchandise Imports of Uruguay by Trading Partner, 1965-1991 114 Table A4.30: Total Merchandise Exports of Uruguay by Trading Partner, 1965-1991 116 Table A4.40: Uruguay's Main Exports to MERCOSUR by Commodity, 1965-1991 . 119 Table A4.50: Uruguay's Main Exports by Commodity, 1965-1991 . .120 Table A5.1: Uruguay: Demand for Financial Assets by the Private Sector at End of Period, 1980-1992 ..122 Table A5.2: Uruguay: Participation of Public Banks in Resident's Deposits (End of Period, 1977-1991) ..123 Table A5.3: Uruguay: Share of Public Banks in Credit to the Local Private Sector (End of Period, 1977-1992) ..124 Table A5.4: Uruguay: Intermediation Margins (First Quarter of Each Year, 1985-1990) ...................................... 125 Currency Equivalents March 31, 1993 US$1 = New Pesos 3.69 Abbreviations AFE - Government railway company ANCAP - Government petroleum, alcohol and cement company ANP - Government port system ANTEL - Government telecommunications company BHU - Government mortgage bank BROU - Bank of the Republic of Uruguay CIF - Cost, insurance and freight ICASA - Tax on expansion of companies IMABA - Tax on bank assets IMESI - Sales tax rate IRIC - Tax rates on business income IRP - Tax rates on personal income IVA - Value-added tax LRM - Monetary regulation bills MERCOSUR - Common market of the south (Argentina, Brazil, Paraguay, and Uruguay) OSE - Government water company PLADES - Plan for deregulating foreign trade and investment PLUNA - Government airline company PRONADE - National program of debureaucratization PSAS - Private sector assessment survey TGA - General import duty UTE - Government power company - vi - Acknowledgments This assessment is based on a mission, led by Sarath Rajapatirana and also including Mariluz Cortes, Luis Guasch and Rosalinda Quintanilla, that visited Uruguay from December 1 to 10, 1992. Andrew Stone helped to develop the questionnaire for the private sector survey conducted in Uruguay in September 1992 by Centro de Estudios de la Realidad Econ6mica y Social and prepared the Annex on the survey. This work was undertaken in close collaboration with the IFC. The IFC's input, coordinated by Araceli de Leon, was based on the findings of a mission conducted by Enrique Mendez (consultant) in late 1992 and reflects the views and experience of the Corporation's LAC Regional Department and the Foreign Investment Advisory Service. William Mayville edited the report. - vii - Executive Summary and Reform Agenda A. Introduction Uruguay has reached a turning point in its economic development. It can either take steps to raise productivity and growth by modernizing the economy through the adoption of a private sector development strategy, or it can maintain the current low-productivity, high-unemployment, and slow-growth economy dominated and constrained by government regulations. Unfortunately, the country has not felt compelled to move in the direction of a broad-based, clear-cut reform agenda because of its relatively high income level and significant benefits derived from a veritable welfare state. Complacency still remains a serious threat to prospects for the country's future development. On the horizon are opportunities for Uruguay to become a dynamic economy. Indeed, Uruguay is well positioned to become a successful open economy. It still has a comparatively well-educated population (despite the need for educational reforms) and a long tradition of democratic government with mature political institutions and is well located to reach important markets and trade opportunities. The Lacalle Administration, which came into power in 1989, has undertaken a number of reform measures and a new policy agenda. As a consequence, the macroeconomic climate has improved. Moreover, a Brady plan workout has reduced the debt-service burden--although Uruguay has always remained current in its debt service, and the trade liberalization agenda has been carried out on schedule notably, the agreed tariff cuts and the reduction of the exemption list under the MERCOSUR agreement. Financial reforms are now underway with support from the Inter-American Development Bank and the World Bank. Since the mid-1980s, Uruguay has maintained an open capital account, a free exchange rate, and market-determined interest rates, and currently there are no price controls of any kind. All this augurs well for the development of a clearly articulated private sector development strategy. However, based on the findings of this report, Uruguay must address five fundamental issues to enable it to follow a private sector development strategy. The country also will need to consider a reform agenda along the lines of the one delineated in Section C below. B. Issues A social consensus needs to be achieved to enable the government to pursue a wide and sustainable private sector development strategy. In Uruguay, the pervasive labor- management conflict largely centers on distributive questions. The consensus, therefore, must be based on the premise that distributive goals can best be reached in a growing economy characterized by increases in productivity and efficiency. Failure to reach such a consensus leads to stop-and-go reforms, with episodes of macroeconomic instability interrupting and usually unraveling reforms. The defeat in Congress of the earlier attempt to reform the social security system in 1989 and the recent defeat of the law to privatize the national telephone monopoly - ix - x (ANTEL) indicate the lack of a social consensus about the means to raise productivity and efficiency. The reform of the social security system lies at the heart of establishing the credibility of macroeconomic policies; and privatization will be an important vehicle to achieve increased efficiency and to modernize the economy. Private sector perceptions need to be changed about the govermnent's commitment to give the private secltor a fair share in the economy by creating a proper business climate based on improved incentives. These perceptions were revealed in a survey of the private sector sponsored by the World Bank. Most enterprises found the high level of taxation and policy uncertainty the inain obstacles standing in the way of expanding production at existing capacity and increasing investment in the economy. Moreover, many believed that public officials and the court system consistently side with labor in the settlement of disputes. Other more tangible concerns were unreliable power supply, poor port services prior to the recent privatization reforms, and lack of access to, and high cost of, peso credit for small entrepreneurs. The size of the public sector needs to be reduced. This is necessary to relieve the heavy tax burden and to lend credibility to fiscal policy and macroeconomic stability. Since under the current slow-growth scenario there can be no large expenditures related to salaries or other emoluments for public sector employees, this will necessitate levying higher taxes. Reducing the size of the public sector will also help resolve the time inconsistency arising from yearly budgetary financing of long-term public entitlements. Product markets need to be made more competitive and the factor movements more flexible across sectors. Previous inward-looking strategies created oligopolistic firms while labor policies, social security laws, and the presence of large public employment (nearly 25% of the labor force) have made the labor market rigid. Incentive reforms to increase competition and make the factor markets more flexible would also make macroeconomic policy more effective and allow the economy to withstand potential macroeconomic shocks from Argentina and Brazil. There is a need to establish strong property rights by continuing the reform of the legal framework. Legal reforms will help reduce transaction costs, permit the execution of more efficient contracts, and improve enforcement. Property rights interact with incentives to determine cost and the competitiveness of the economy. In addition, a clear definition of property rights will help to raise savings and the supply of credit, and to attract foreign investment. C. A Reform Agenda Based on the above fundamental set of issues, Uruguay needs to pursue a specific reform agenda to allow the private sector a greater role in the economy. The reform agenda can be divided into eight broad categories, namely, those relating to issues of macroeconomic policy, - xi - the trade regime, regulatory environment, labor market and social security system, taxation, financial system, the legal framework, and infrastructure. Each of these reform areas constrains the competitiveness of the economy. The complementary nature of macroeconomic policy reforms linked to incentive reforms should be stressed along with the interdependence of incentive reforms similarly linked to legal reforms and improvements in infrastructure to produce a strong supply response. These reforms should help to raise productivity and reduce unemployment. The specific agenda identified in this summary has a three- to five-year horizon. Chapter 11 delineates a private sector development strategy including long-term elements. Macroeconomic Policy Reform Fiscal reforms lie at the heart of the macroeconomic policy reform. Fiscal reform should center on the reduction of expenditures rather than raising taxes, which are already high and which have been the main source of the recent fiscal improvement. In Uruguay, the social security system is a prime candidate for reform, since it maintains a permanent deficit and has raised the cost of production due to high taxes on labor. Three types of reforms could be undertaken in the short to medium term: (a) Cut the permanent social security deficit by progressively reducing expenditures related to social security, as currently programmed, by extending the age of retirement to 65 as well as increasing the timeframe for averaging wages to estimate benefits and making benefits more equitable. (b) Carry out the current plan to reduce the size of public employment, which will help contain future salary and social security-related benefits. (c) Lower tax rates, make tax liabilities predictable, and avoid the use of temporary taxes in the future. Foreign Trade Reform The pace and extent of trade reforms increased under the Lacalle Administration. Unlike previous episodes, trade liberalization has been maintained without reversal. The improving macroeconomic climate and commitments made under the MERCOSUR agreement are the building blocks that undergird the continuance of trade reforms. Although the trade regime has now become less complex, there are other measures to be taken to make the foreign trade regime more competitive and to further open the economy. Three measures should receive attention now. (a) Replace the remaining reference price categories with tariffs and continue tariff reforms to reduce the dispersion in tariff rates and permit exporters to operate close to international prices. The tariff reforms geared to the MERCOSUR arrangement have continued on schedule. Even lower rates are needed for transactions outside - xii - MERCOSUR. Given the discussions to adopt a common external tariff of 20% by 1994, this becomes a priority. (b) Continue, under PLADES, rationalizing the administrative processes and deregulating the trade in services. Also, rationalize the role of BROU in import activities and the trade facilitation at customs offices and ports. (c) Progressively revamp infrastructure to reduce transaction costs in trading activities. This means improving transport access from inland areas and increasing the efficiency and availability of trade-related services, including telecommunications, freight, insurance, and access to raw materials, spare parts, and technical services. Financial Sector Reforms Uruguay has pursued the goal of becoming a regional banling center with some success, But the financial system has been less successful in meeting domestic demands. The financial market is dominated by public sector banks. This has reduced competition in the financial system. Uruguay paradoxically has among the highest ratios of financial assets to GDP in Latin America but only a limited number of financial instruments, especially for the long-term needs of the market. The access to finance is limited by the overhang of the forced loan writeoffs that occurred in the 1980s. This overhang also contributes to macroeconomic uncertainty. Uruguay's existing equi.ty market is among the smallest for a country with its level of per capita income. A reform program--supported by the Inter-American Development Bank and the World Bank--is being implemented to improve regulation and supervision, restructure public banks, and create conditions for the development of a securities market. The remaining agenda for the sector should include thre following: (a) Clean up the balance sheets of firms that have received forced refinancing as well as the corresponding poor asset portfolios of commercial banks, and make a clear declaration that forced refinancing will be not resorted to again. (b) Consider partitioning and eventual privatization of BROU, in the interest of fostering competition at this stage in the domestic financial market, and rationalizing the operation of BIHLJ. (c) Permit private pension funds to invest in the private security market and offshore. Regulatory Environment Reforms The regulatory environment in Uruguay determines the commercial orientation and the cost structure of private sector production. The pervasiveness of the regulatory system provides - xiii - the government with a dominant role in the economy that determines private sector participation, efficiency, and growth. Reform of the regulatory environment constitutes the starting point for modemizing the economy. In Uruguay, it is manifest through three major channels: (a) influence on the labor market; (b) rules governing entry and exit; and (c) the operation of firms, including fostering an anti-competitive environment under existing regulations. Moreover, the interaction of the regulatory environment with the trade regime and the tax system creates a substantial synergy that effectively obstructs private sector development by freezing the structure of production. Formidable regulations condition private sector behavior in several ways: labor market regulations impose a high social security tax burden; tax avoidance behavior leads to non-optimal size and organization of firms; and government influence on wage contracts appears biased toward labor. The cost of wage arbitration arises not only from indexation but also from the influence that public sector wage increases have on private sector wage demands by labor, which is linked to the absence of well-defined norms in the settlement of labor disputes. The agenda for reform should include the following measures. (a) There should be a reevaluation of the regulatory framework specifically to eliminate all unnecessary regulations. This means the extension of the work of PRONADE as well as the adoption of a zero-based approach to regulations, such as the numerous licensing procedures. (b) The government needs to persist in addressing the privatization issue, despite the defeat in the plebiscite of the privatization of ANTEL. Its resolve to go ahead with the privatization of the airline (PLUNA) represents an important signal to the private sector. Tax Reforms The PSAS found the level of taxes and the uncertainty of tax liabilities a major problem for private enterprises. In addition to the reduction of the level of taxes and the abandonment of the practice of imposing temporary taxes, the government should undertake measures to obtain neutrality in the tax system, reduce discretionality, and improve tax administration. The following measures can be undertaken. (a) Adopt a single tax rate that does not discriminate by activity, size of firm, or type of ownership. For example, large firms pay higher taxes on IVA, IRIC, and ICASA compared to small firms. Similarly, tax exoneration under the industrial promotion law should be discontinued. (b) Taxes that discriminate against financial transactions, such as the IMABA, should be discontinued, while the tax treatment of different liabilities could be equalized by removing the deduction of tax liability on the basis of commercial debt but not on debentures issued by a firm. - xiv - (c) Tax administration improvements being carried out with advice from the IMF should be accelerated. The government should penalize evaders, raise the remuneration of tax inspectors, and disseminate tax information on a broader and more routine basis. Legal Framework Reforms Because of its impressive political history and institutional stability, Uruguay has a highly developed legal framework. This is true for all major civil codes, laws, and regulations governing public order, At the same time there are deficiencies in the legal system that lead to a poor definition of property rights, a judicial system that should be modernized, and an anachronistic foreign investment law that places strictures on foreign investment, when in practice there are no restrictions on foreign investment. For the private sector to play an enlarged role in the economy, a number of legal reforms will have to be instituted. A new commercial code is being adopted that improves on the earlier code. In addition, Uruguay has been implementing a comprehensive judicial reform program that has introduced modern practices such as the use of oral hearings, created 100 new judgeships, and established a school for judges. There are a few other areas where reforms can proceed now. (a) Speed the legal process by introducing new technology in areas such as recordkeeping and registries, and facilitate new means of dispute settlement, such as arbitration, mediation, and conciliation. (b) Decentralize the administration of the judicial system to permit the recruitment of judges directly to new positions in the commercial courts. (c) Reform the foreign investment law to give it parity with domestic law, and make the law consistent with that of other MERCOSUR partners to the extent possible. Infrastructure Reforms One-third of the firms surveyed indicated that infrastructure problems impeded filling orders on time. Enterpiises outside major cities gave greater weight to infrastructure problems than to urban ones. In urban areas, where most manufacturing is located, the infrastructure problems commonly cited are unreliability of power supply and inadequate port services. Most infrastructure problems arise from the mode of operation rather than large deficiencies in the system. Most of the critical infrastructure is owned and operated by state enterprises. Port services now have been privatized, with dramatic gains in productivity and a port waiting time that has been cut in half. The remaining agenda is to provide norms for port services, use of infrastructure, and expansion and investment by private sector operators who now run these activities. Other port services that can also be given out as concessions include towing, repairing, and dredging. The port authority (ANP) could also confine its role to that of a regulator and relinquish its role as port service provider. - xv - In the short term, highway maintenance standards should be raised. The current expenditures for this purpose seem inadequate, given the age of the road system and the likely increase in use upon expansion of trade after full implementation of the MERCOSUR agreement. The system could also adopt better pricing policies to increase the efficiency of road infrastructure use and to generate revenues for system expansion by inviting the private sector to participate by offering attractive toll road concessions. The power sector entity, UTE, has unrelated responsibilities, such as the operation of a cement factory. The main issues are to increase the reliability of power supply, adopt pricing policies that lead to better allocation of power use, and encourage private operators interested in creating additional generation capacity to use the national grid. The telecommunications system is operated by ANTEL. The recent defeat of the privatization of telecommunications services casts a shadow over the prospects for the sector. A main issue is to increase service reliability, even though Uruguay has the highest telephone density in Latin America. The short-run agenda should be to cater to peripheral markets (such as faxes and cellular services) and to reform the price structure, which now cross-subsidizes domestic services at the expense of international ones. Chapter 1. Endowments and Markets A. Overview 1.1 This report examines private sector participation in the Uruguayan economy. The objective is to assist the Govemment in the development of a strategy to modernize Uruguay's economy, which has remained essentially dormant over the last four decades. With the current opening of the trade regime, and the drive to realize the potential regional trading gains under MERCOSUR, firms would feel more compelled to replace capital stock and to refurbish industrial facilities, as evidenced in recent increases in private investment. The perceptions of the private sector about impediments to their full participation in the economy are described in Chapter 2. Specific areas of concern relate to macroeconomic developments (Chapter 3), the trade regime (Chapter 4), the financial system (Chapter 5), the regulatory environment (Chapter 6), the labor market (Chapter 7), the tax system (Chapter 8), legal issues (Chapter 9), and infrastructure (Chapter 10). Major themes include the lack of mobility of factors of production, poor labor relations, and high production costs. In addition, the traditional Uruguayan preoccupation with income distribution or social welfare has prompted numerous state interventions that have stymied the economy and ultimately increased costs and posed risks to business activities. Internal and external uncertainty is also a recurrent theme. Domestically, the plebiscite on privatization and lack of clarity about policy direction has generated confusion, given initially strong but now mixed signals about government privatization initiatives. Regionally, the success of MERCOSUR hinges on macroeconomic factors in Argentina and Brazil, as well as agreement within the consortium over the next 12 months about which industries to drop from the MERCOSUR exemption list. Finally, global trade policies of the major importers as well as emerging trading blocks represent another source of concern. 1.2 Opportunities for exploiting the growth potential of the economy are increasing with the MERCOSUR agreement and its implications for other trading relationships worldwide. Sound policies supported by appropriate institutional changes and the infrastructure provision of public goods will be needed to increase the confidence and the ability of the private sector to play a more dynamic role in the economy. Correcting existing inefficiencies or distortions can be done quickly at very low cost--although with political fallout, since many measures of such a strategy have short-term redistributive effects. The policy environment, institutional ethos (particularly the legal framework), and infrastructure represent key elements in persuading the private sector to expand its production activities, save more, and invest in areas most beneficial to national development. The private sector's ability to meet these challenges comprises the thrust of this analysis and will require a private sector development strategy for the short, medium and long term (Chapter 11). The remainder of Chapter 1 reviews Uruguay's considerable resource endowments and the current status of its output and input markets. B. Endowments 1.3 Uruguay is a small country of less than 3.5 million people and an economy of only $9.5 billion in output; however, its per capita income of $2,840 places it among the upper-middle- - 2 - income group of the World Bank classification table (Table 1.1). Uruguay's past economic performance contrasts sharply with other small but outward oriented economies such as Hong Kong, Korea, Taiwan, and Singapore. In 1962, Uruguay's per capita income was 15 % and 22% higher than that of Singapore and Hong Kong, respectively, and three times higher than that of Taiwan. Table 1.1: Basic Indicators Population Area GNP per capita | Inflation (mil) (000 km') (*) Growth Growth Rate (%) Rate 1962 1991 1965- 1965- 1980- 91 so 91 Upper-middle-income I/ 458 18,706 t 2,640w 5 w 19 w 102 w Paraguay 4 407 180 1,210 3 9 25 Costa Rica 3 51 380 2,160 1 11 23 Chile 13 757 570 2,170 0 130 21 Argentina 32 2,767 640 2,790 (0) 79 416 URUGUAY 3 177 550 2,840 1 59 65 Brazil 150 8,512 240 2,900 3 31 328 Korea, Rep. 43 99 110 6,350 7 18 6 Singapore 3 1 480 12,890 6 5 2 Hong Kong 6 1 450 13,200 6 8 7 Taiwan, China 20 36 170 8800 2/ 7 8 2 Sources: WDI-STARS, 1992; ANDREX, January 1993. 1/ Economic group defined by the World Bank as including countries with a GNP per capita from $2,556 to $7,909. A 't' indicates group totals and 'w" weighted averages. 2/ GDP per capita; Country Report, 1/1993, Economist Intelligence Unit, London. Conditions in the early sixties suggested that Uruguay had better prospects for achieving the levels of income reached by the small Asian economies. By 1991, per capita incomes of these Asian economies were lhree and five times higher, respectively, han Uruguay. - 3 - 1.4 Uruguay's resource endowment potential, labor force quality, and market access opportunities rival that of Singapore, Hong Kong, and Taiwan. It has had for decades a high literacy level; a stable govemance structure (with one recent exceptional peziod); democrafically elected governments responsive to electoral demands; and income distribution better than most countries in Latin America. Moreover, it benefits from essentially level terrain, temperate climate, and abundant rainfall ideally suited for livestock farming, a location that commands access to its large neighboring markets across the Rio de la Plata (navigable by ocean vessels), and a port that serves as gateway to the markets of Europe and North America. So, what restrained Uruguayan economic development? 1.5 Before the Great Depression, Uruguay played an important part in the commercial activity in the region. Capitalizing on its comparative advantage, Uruguay was able to reach levels of income among the highest in Latin America. However, as in many Latin American countries, the economy turned inward following the Great Depression. This approach, continued through the mid-1920s with disastrous results, low export growth, and high and volatile levels of inflation, which severely reduced the growth of capital stock and total factor productivity and ultimately GDP growth' (Box 1.1, following page). A long period of stagnation (1955-74) saw real output increase by only 1.9% per annum, capital stock by 1.4%, and total factor productivity by 1 %.2 1.6 The country began a path of economic reform in the mid-1970s and has continued on that path--with the exception of an interruption caused by widespread macroeconomic crises worldwide that arose in the early eighties. In contrast, in the 1975-81 period, rapid growth occurred based on a series of reforms, with output growing by 4.9 %, capital by 4.5%, and total factor productivity by 2.4%. In the most recent episode of stagnation, between 1982 and 1988, real output growth became zero with capital growing by 0.3% and total factor productivity declining by 0.3%. The current environment is less restrictionist than in the 1970s, although many other countries on the continent have surpassed the reforms that Uruguay initiated in the last two years, leaving the country with a large unfinished agenda. The operation of the output, labor, and financial markets provide a framework for analyzing Uruguay's private sector development issues relative to the economy. This should facilitate identification of key issues to provide a basis for formulating a policy, institutional, and infrastructure agenda that incorporates the aims and perceptions of the private sector itself. 1 Roldos, Jorge. E. 'Trade Policies, lIstability and Grcwth: A Long-Run Perspective" in Connolly and de Melo eds. ...," forthcoming; and Jos6 de Gregorio (1992), "Economic Growth in Latin America," Jouanl of Development Economics, 39, 59-84. 2 Numbers derived from Roldos' work. His framework is set up in per capita terms. The figures for the share of capital are derived by assuming a population growth rate of 0.5 %. -4 - Box 1.1 GROWTH AND PRODUCTIVITY IN URUGUAY Results fiom two recent studies on Uruguay are presented in the table below. De Gregorio's study covering 1950-85 attributes half of Uruguay's growth of real GDP to capital, over a quarter to labor, and a fifth to total factor productivity. Roldos' estimates for 1955-88 attribute much smaller shares to capital and labor, and a much larger share to total factor productivity. For the entire period, total factor productivity increased at an annual rate of only 1.0 percent. Annual Growth Rates Growth Decompositios ' Real Shareof | Sh areof GDPR Labor2 I Capital TFP 3 Labor Capital I TFP I. De Gregorio 1950-85 1.5% - - - 27% 50% 20% II. Roldos 2 1955-74 1.8% (0.5%) 1.4% 1.0% 12% 33% 56% 1975-81 4.9% (0.5%) 4.5% 2.4% 5% 46% 49% 195548 2.2% (0.5%) 1.8% 1.0% 13% 38% 46% 1/ Figures may not add to 100% because of rounding. 2/ Roldos' estinates are in per capita terms. The aggregate estimates are made by assuming a population growth rate of 0.5% per annum for 1955-88 (extrapolated from the World Development Report 1992, which gives a population growth rate of 0.5% for the period, 1965-90). 3/ Total Factor Productivity. Sources: De GregoriD, Jose (1992), 'Economic Growth in Latin America," Journal of Development Economics, :39, 59-84. Roldos, Jorge. E. (1993) "Trade Policies, Instability and Growth: A Long-Run Perspective" in 'Essays on the Effects of Protectionism in a Small Country," ed. by Michael Connolly and Jaime de Melo (forthcoming). -5- C. Markets Output Market 1.7 The main activities of the output market are concentrated in services and agriculture, particularly livestock farming and crops, such as barley and wheat. In analytical terms, Uruguay can be classified as a small open economy. Its smallness is defined by its inability to change its terms of trade and its trade-to-GDP ratio of around 40% (Table 1.2). These two features of the economy imply that the country is prone to rather sizable external shocks. In fact, the two largest economies in the region, Argentina and Brazil, historically have had a profound influence on the Uruguayan economy. For the government, this adds an important dimension to economic policy-making. It also requires the private sector to adjust to potentially sizable economic shocks originating from neighboring countries. Table 1.2: Trade-to-Output Ratios"' (percentages) i _________ I 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Paraguay 44 35 32 25 38 48 53 54 63 71 76 61 Costa Rica 63 91 87 73 68 63 62 68 70 74 76 79 Chile 50 43 41 45 50 55 57 63 68 72 70 67 Argentina 16 19 24 24 21 25 20 21 22 29 21 21 URUGUAY 37 34 32 49 48 48 46 41 43 45 46 43 Brazil 20 19 16 20 21 19 15 16 17 13 13 Korea, 75 78 72 72 72 68 71 75 72 65 62 61 Rep. Singapore 423 413 386 344 325 318 310 343 379 368 372 360 Hong Kong 181 187 174 194 210 210 217 238 262 260 264 278 Taiwan 106 102 95 97 101 95 96 98 98 93 90 911 Source: ANDREX January 1992, World Bank 1/ Trade to output ratio is defined as exports plus imports as a percentage of GDP. 1.8 Clearly the economy would have been more open had it not followed inward-oriented policies up to the 1970s, and had not reduced its openness in the wake of macroeconomic problems of the early 1980s. During the 1950s and 1960s, a complex trade regime evolved that combined with domestic regulations to reduce both external and domestic competition. These attempts to isolate itself from external shocks resulted in inefficiencies and reduced growth. - 6 - Some observers have noted that when the rest of the world experienced strong growth Uruguay did not share in it; however, when the rest of the world faced economic doldrums Uruguay continued to grow.3 The price of isolation was high in terms of growth and access to new technology and management know-how, as reflected in the contrast between Uruguay and the Asian open economies. For these reasons, beginning in the 1970's, policy-makers tried to open the economy. 1.9 The other impact of earlier protectionist policies and attempts to reduce openness was the progressively conservative and oligopolistic nature of the private sector (see Chapter 5). Devoid of external competition, a sine qua non for a small economy, this result was inevitable. Consequently, cost structures rose and the business community became much less prone to advocate economic liberalization. Organized labor acquiesced to protectionist policies, even though it had to pay higher prices for wage goods, because it temporarily received higher wages. One legacy of the reforms of the 1970s that helped the economy to adjust to external shocks, despite the oligopolistic structure of industry, was the absence of price, exchange, and interest rate controls. In particular, abandoning the exchange rate as a nominally fixed price after the macroeconomic failure of the early 1980s was beneficial, in that it allowed Uruguay to pursue a policy of trade liberalization in the latter part of the decade. 1.10 The other feature of the economy that bears on macroeconomic adjustment is that since the mid-1980s t]here has been consistent liberalization of the trade regime. Thus, the external sector could act as a safety valve, even though the same sector transmitted shocks into the economy. Increases in aggregate demand could spill over into imports and relieve pressure on domestic prices. At the same time, increasing openness in product markets would make policy-makers more sensitive to the need for maintaining greater economic equilibrium than in the past. While tariff rates have been reduced progressively, adhering to the schedule of the MERCOSUR agreement, a few quantitative restrictions (QRs) remain, such as reference prices and minimum import prices (see Chapter 4). The planned elimination of these mechanisms will make the private sector, and consequently the economy, more competitive. 1.11 Finally, a conspicuous feature of the output market in Uruguay is the pervasive character of govemment regulations that seems to overcompensate for its relatively small share of ownership. Govermnent regulations affect entry and exit of firms, require licenses to remain in operation, provide public ownership and price determination of crucial inputs such as petroleum products, power, and telecommunications--all of which are state-owned monopolies, and foster high taxation (particularly social security and VAT). Labor Market 1.12 The labor force in Uruguay consists of 1.2 millon people or about 40% of the population. The labor market is complex, highly unionized, and has a fundamental impact on 3 Angus Maddison, Two Crises: Latin America and Asia. 1929-38 and 1973-83. Organization for Economic Cooperation and Development, Development Center, Paris 1985. -7 - the determination of production costs in the economy. The high cost of labor arises from steep social security taxes, high insurance premiums, a combative labor and management environment, and the absence of agreed norms to settle industrial disputes. Several characteristics of the labor market have strong implications for private sector development. First, the country has a literate labor force than can be trained to handle advanced production techniques when the pattern of production shifts with the further opening of the economy. Second, because of the socially advanced features of Uruguayan society, as well as the presence of strong trade unions, the labor force enjoys substantial job security and social security benefits, which have recently been safeguarded against dilution from price increases by legislative action and a 1989 referendum. In this sense, a part of the real benefits from employment is guaranteed. Third, there is significant emigration, particularly of the young and the better trained. This leaves a gap between labor demand and supply in the more technology-based sectors of the economy. Fourth, real wages have risen compared to the mid-1980s and appear to be high by regional levels--in fact, public sector wages have fallen while those of the private sector have risen, causing an overall increase in real wages. The presence of oligopolistic structures in the product markets and demands by the labor unions to share rents make entrepreneurs more willing to grant higher wages, since marginal product values are higher under oligopoly than competition. Moreover, research on income distribution in Uruguay confirms a pattem of high real wages due to the resource-based nature of the path of development in Uruguay.4 increasing competitiveness will necessitate an increase in labor productivity in direct proportion to economic opening through greater trade liberalization. 1.13 Finally, and most importantly, there is evidence of real wage rigidity in the economy that makes the adjustment to macroeconomic shocks more difficult and costly in terms of foregone output. For example, labor demand recovered following the recession of the early 1980s but the unemployment rate stands at 8.5 %. At least a part of the real wage rigidity has to be ascribed to the large public sector participation in the labor force (some 27%), in addition to government intervention in wage settlements. Many entrepreneurs believe that the government is biased towards labor in wage settlements as well as in the adjudication of labor and management disputes. Financial Market 1.14 Uruguay's financial market has a number of features that impinge on private sector development. First, the economy is essentially dollarized, with some 70% of financial assets held in dollars. Second, of these dollar holdings, nearly half are thought to be foreign-owned. Consequently, the economy is highly sensitive to changes in exchange rate expectations in Uruguay as well as in Argentina and Brazil. Third, dollar interest rates in the financial markets reflect international levels. This is the corollary of the open capital account. Fourth, although the capital account is open, there has been little direct foreign investment. This is probably due to the narrowness of the product market under the earlier inward-oriented trade regime, the 4 Povertv. Eguity and Growth: Costa Rica and Uruguay. Claudio Gonzales-Vega and Edgardo Favaro (forthcoming). Oxford University Press, 1993. - 8 - relatively high costs of the economy including transport costs, and the lack of mineral resources. Foreign asset holdings in Uruguay are short term and confined to deposits, despite the reasonable national treatment accorded to private foreign investment. Recently, Uruguay joined MIGA, which offers insurance against political risks to ameliorate this situation. Fifth, the domestic capital market is quite small and remains underdeveloped. Sixth, there is a large proportion of self-financing given the problem of adequately defining collateral. Finally, the country's financial market is dominated by state-owned entities with mostly peso assets, such as Banco Oriental de Uruguay (BROU). Chapter 2. Private Sector - Profile and Perceptions 2.1 This chapter profiles the current role of the private sector in the economy, including results of a Private Sector Assessment Survey (PSAS) of 147 private enterprises, conducted for the World Bank by the Centro de Estudios de la Realidad Economia Social (CERES) in September 1992. It also reflects extensive follow-up interviews with private sector personnel by a Bank mission that visited Uruguay in December 1992 (see Annex 1 for a summary of survey results and a description of the methodology;5 see also Gustavo Michelin and Luis Viana.6) 2.2 The private sector plays an important role in the economy in terms of ownership and its share in the generation of income (Table 2.1). However, its behavior-crucial decisions regarding the level and composition of output and inputs, investment, savings, and sales and purchases in the domestic versus foreign markets are highly conditioned by the role of the govemment. The pervasive role of the government belies its size in the economy. Thus, the private sector is circumscribed by the power wielded by the public sector Private Sector Size and the Role 2.3 The private sector produces some 72% of GDP, and dominates ownership and production in many sectors--including agriculture, manufacturing and services. Uruguay's government is not heavily involved in manufacturing or mining which in any case is small. On the other hand, the public sector owns and controls vital sectors such as electricity, gas, cement, alcohol, water, petroleum refining, air transport, railroads, roads, ports, telecommunications and a large part of the financial services--which are needed by nearly all sectors. The private sector share in the total investment in the economy is about 63 %, most of which is in the productive sectors, especially agriculture and manufacturing, mirroring its share in total output. The sector finances most of this investment through retained earnings. The PSAS revealed that some 70% of investment was self-financed in the areas of manufacturing, transport, storage, and tourism. Total private savings exceeds investment. 2.4 The private sector accounts for 73% of total employment, the remaining 27% (270,000 employees) working in the public sector. In addition to wages and salaries, the private sector must pay substantial social security taxes for its employees; moreover, the ability to hire, fire and pay its employees is regulated by national labor laws. Moreover, until recently, there was direct public sector participation in wage-setting. Public sector wage settlements remain an advance indicator or a reservation price that the private sector invariably follows. 5 IThe PSAS was designed with the assistance of Andrew Stone who helped CERES conduct the survey and prepared Annex 1 of this report. 6 Gustavo Michelin Salomon and Luis Viana Martorell, "Which Factors Restrain the Growth of the Private Sector?' Results of a survey carried out by CERES, November 1992. - 10- Table 2.1 SECTORAL GROSS NATIONAL PRODUCT AT PRODUCER PRICES* Sectoral Structure (%) % GDP Activity I Public Private Public Private Farming 0.3 99.7 0.0 12.8 Fishing 0.0 100.0 0.0 0.2 Pits and Mines 0.0 100.0 0.0 0.2 Manufacturing Industries 10.5 89.5 2.9 24.3 Electricity, Gas and Water 100.0 0.0 2.7 0.0 Building 0.0 100.0 0.0 3.3 Commerce, Restaurants and Hotels 0.0 100.0 0.0 11.4 Transport, Storage 33.1 66.9 1.9 3.8 Financial Inst. & Securities 70.9 29.1 7.0 2.9 Real Estate and Services 0.0 100.0 0.0 9.9 General Gov. Services 100.0 0.0 9.3 0.0 Other Community Services 59.2 40.8 4.5 3.1 TOTAL 28.4 71.6 28.4 71.6 Source: The Central Bank of Uruguay Note: Corresponds to the sum of the sector's gross value-added import rights and financial institution's imputed remuneration. * Using the 1988 averaige exchange rate. 2.5 The public 200 Num of Firms (25042) 18110 3499 1778 964 352 205 134 % of Firms 72.3% 14% 7.1% 3.8% 1.4% 0.8% 0.5% % of Employment 13.9% 10% 11% 13.2% 10.9% 12.7% 28.3% Total number of employees: 221,000 Source: 1988 Economic Census 7.3 More specifically, a host of factors raise labor costs, directly or indirectly reducing efficiency at the firm level and resulting in a reduced level of economic activity, employment and output growth, and to higher prices and reduced demand. These factors and their specific effects are the following: (a) Excessilve Social Security Taxes: The tax burden placed on the firm and labor is very high by any standard. The employee contribution is 16% of wages while the employer ccntribution is 21.5% (19.5% as of 1993). As matter of fact, Uruguay has the highest labor costs, particularly in relation to the other MERCOSUR countries. (b) Tax Evasion: As a consequence of high social security taxes, firms have devised ways to reduce their tax burden. The most common practice of tax evasion is for firms to underreport employee earnings. Workers usually tolerate such practices, since they can reduce their social security tax contribution. Moreover, the practice does not reduce the benefits collected at retirement, since these are computed based on the average wage of the last three working years. As a result, firms typically report actual labor earnings only for the three years (recently the basis of calculation was increased to five years) prior to retirement. The foregone revenue in social security taxes due to underrerporting is estimated at 3% of GDP. Similarly the foregone revenue in VAT due to underreporting is estimated at 1.8% of GDP. In fact, the effects of tax evasion are undermining the financial viability of the social security system, raising the permanent budget deficit, increasing costs, and providing an unfair advantage to those who evade taxes or are less subject to monitoring. (c) Organization of Work Impact: As a consequence of the high fiscal cost of labor, firms have dlevised schemes to reduce their employment tax liabilities. Most firms disengage from a number of activities that are natural for them to perform within the firm itself. The common policy is to subcontract many activities to third parties to the - 47 - Box 7.1 Social Security Wage Declaration - Lottery To encourage accurate wage reporting, the Government has begun a monthly lottery, where employees can participate at no cost, submitting a form declaring their earnings, which are later contrasted with the firms' statement. From all forms submitted, one is randomly chosen and an award of 100 times the reported earnings is made to the winner. While this is a novel idea, the expected payoff does not compensate for truthful reporting, and thus it is unlikely to correct underreporting. The payoff is 2 US$ cents given that the average monthly wage is $280 and there are 1.4 million workers. This two cents should be compared to the difference between reported minimum wages and actual wage. extent possible. In doing so they are legally released from employment tax obligation and the firm's social security tax obligation is reduced. According to the PSAS, not counting services such as those listed above, on average firms subcontract over 10% of their productive activities. While some subcontracting can be efficiency enhancing, social efficiency can be reduced in this context. Subcontracting translates into higher social costs, and suboptimal organization of work and use of labor inputs. The excessive fragmentation of the industrial sector (indicated in Table 7.1) can be traced to subcontracting practice. (d) Work Casualty Insurance Premiums: Insurance contracts can and should be instruments that enhance efficiency by eliminating risk. It is questionable that they serve that role in Uruguay. The BSE, a state-owned institution, operates as a monopoly for the provision of this compulsory insurance. As a consequence, insurance premiums are high (up to 8% of wages) and are levied on the employer. Moreover, further distortions exist since often the premiums, which are firm specific, appear to have little relation to the probability and cost of injury. This results in distorted costs of production. (e) Banking Sector Labor Practices: For historical reasons labor unions in the banking sector are powerful enough to have secured for themselves highly favorable terms of employment, compensation, and almost total job security. The wages in the banking sector have been on average 1.5 times the national average for similar job categories. These banking labor practices affect private sector enterprises by raising financial intermediation costs. (f) Public Sector Labor Practices: The constitution guarantees job security to all public employees. In addition, they have powerful unions. As is the case in most - 48 - countries in the region, at least nistorically, the central administration and state-owned companies have been used as a political source of job creation. The end result is significant overstaffing and an inefficient yet powerful bureaucracy. Since most of the state owned companies are legal monopolies, labor costs and other inefficiencies affect state established input prices, and thus the costs of production and economic activity. They also aLffect private firms indirectly through increased government expenditures and consequently through a higher tax burden imposed on the private sector. Beginning in 1991, a number of state companies such as BCU and UTE have implemented voluntary labor reduction and early retirement programs at very generous terms by Uruguayan standards, such as 30 to 35 months severance pay. BCU has budgeted US$5 million for its program. The objective is not only labor reduction to an optimal level but a gradual convergence to offer market salaries, as well as the eradication of multiple employment. Yet, to this date, very few employees have taken advantage of these programs. In a sense that reflects the perceived strength of the benefits derived from state employment. (g) Conflict Environment and Resolution of Disputes: The labor-management relationship in Uruguay is highly conflict ridden. As a result of the non-existence of legislation, norms or agreed procedures to resolve conflicts between labor and management, there is a strike culture. While there are good reasons for the existence of unions and the exercise of their market power, the high frequency of impasses in negotiations results in inefficiencies. At present, the unions influence labor market practices significantly. Although unionization has declined, it remains at 55% level. They are the main labor negotiating party in collective agreements, and they have strong political influence. The constitution guarantees labor's right to strike, and labor has exercised that right frequently, over and within conventional and collective bargaining agreements. Also, labor in individual plants often respond automatically to the requests of national labor leadership, which focuses offers on political stances rather than on job and salary issues. (Firms experienced slowdowns in their own firms during periods of strike at the Port of Montevideo). The result is high levels of impasses and a high incidence of strikes and intermittent work stoppages, with significant social and private cost to both employers and employees. For example, in 1992, Uruguay witnessed strikes among the following groups: public employees, teachers, police, passenger buses operators, taxi drivers and architects. Firms live with a permanent threat of strikes. This has significant direct and indirect costs on the firm. Management effort and resources must be deployed continuously to diffuse the threat. The unions have refused to accept any form of "clausulas de paz" in collective bargaining. A rough estimate places the average number of days lost due to strikes per 1,000 workers per year at over 1,000 in Uruguay, (when it is 5 in Germany, 136 in UK, 8 in Netherlands, 84 in Portugal, 271 in Italy, and 647 in Spain). Their effects on productivity and competitiveness are drastic. As a result of that environment, potential industrial strife often dissuades large firms from adjusting their labor force as much as they would like. Smaller and non-unionized firms freely make labor force - 49 - adjustments since the fear of strikes or labor unrest is rarely present. This is reflected in the 1988 industrial sector survey where it was found that the yearly layoff rates were 2.4% and 12.3%, respectively, for large and small firms, and 4.7% and 9.2%, respectively, for union and non-union firms. To some extent, this predicament deters firms from expanding. Diminishing the conflict atmosphere is crucial, particularly since international experience reveals that successful industrial reconversion often leads to a sharply reduced (short-term) workforce. In the current environment this would be problematic and lead to slow reconversion. Finally, the shortage of labor law judges (there are only 8 in Montevideo) compounds the problems and delays the resolution of disputes. The consequence of this environment is higher production costs, lower economic activity, and suboptimal firm sizes. (h) Education/Skill Shortages/Information: While literacy and education levels remain high in Uruguay by Latin American standards, the quality of human capital has been deteriorating. Slill migration and the reduced nurturing of the education system, caused by squeezed education budgets, are the mLi causes. A 1991 study of Uruguay by CEPAL points out a significant deterioration in the quality of education, at both pre-college and college levels, and training. The average number of training days a year is below 2 days for the labor force. These low levels of expenditure on in-plant training, management training and the decline of the last 20 years in the level of expenditure on and in the standards of public education greatly contributes to the low productivity of the economy. Moreover there is a mismatch between needed and offered skills. A frequent complaint from the business community is the lack of trained staff for management and an excess supply of lawyers, accountants, and doctors. This issue--shortage of technicians and skilled labor--identified by the survey sample of firms appeared at the top of the list of problems affecting the production process. This environment undermines labor productivity growth, unabling firms to obtain reductions in the costs of production and supply increases. Also in Uruguay, trade and business associations devote much less effort to disseminating information concerning best practice techniques and productivity improvement than in more advanced countries. The fragmentation of producers particularly in the agro-industrial sector, is worrisome for trade purposes among others. Owner-managers of many small- and medium-size firms appear to have little notion of economies of scale of plant size in their product line, or those that can be achieved by longer production runs. Absence of management training or hiring individuals with such training leads to small and inefficient operations and failure to employ recent technology or to use best practices. (i) Employment and Wage Patterns: Wages are usually determined through yearly collective bargaining (convenios collectivos) at a sector rather than firm level. These agreements usually set wages and minimum compensation by job category and contain clauses to adjust wages for inflation, three or four times a year. The adjustment is backward-oriented and is tantamount to wage indexation, with inflationary - 50 - implications. The relatively short span of collective agreement of one year drains resources and efforts away from more productive activities. Wage Councils, previously used with extensive government participation and control, are gradually being phased out. All firms in the sector, regardless of their affiliation with the sector association, would have to comply with any tripartite agreement reached by the government, labor, and managemrent. Only if the government objected to a labor-management agreement, would firms not affiliated with the sector association be free to seek their own terms. Real wages have increased slightly in the last few years, particularly in the private sector, while the unemployment rate after the 1982/83 crisis and more so after 1985. has remained relatively steady in the 8.5% to 9.5% range, despite the large swings in the GDP growth rate. Real wages increased by 5.2% and 2% in 1991 and 1992, respectively, in the private sector and declined in the public sector (except for the interior). The unemployment rate in UCTruguay is relatively high by Latin American standards. That and its inability to adjust to output swings tends to indicate labor market rigidities and the presence of inefficiencies in the allocation of resources. Thus, measures to enhance the flexibility of labor markets would be most desirable. It is somewhat puzzling that real wages remain relatively stable despite swings in output. The plausible explanations are: (i) the strength of unions and their influence in collective bargaining protect real wages and their employment share; (ii) the difficulties of firms to optimally adjust their labor force induces rigidities in the level of employment; and (iii) the informal sector, migration and adjustments in subcontractin,g absorb the slack or the business cycle fluctuations. 7.4 The Informal Market: There is no reliable information on the size of the informal sector. To further complicate matters, there is a problem of definition, since it appears that a number of individuals involved in informal activities also have some type of formal participation given the phenomenon of multiple jobs. The structure of the informal market is closer to the Southern European model than to the stand&-d Latin American one. It is driven mostly by motives of tax evasion give., the high level of taxes, both social security taxes (36.5%) and VAT taxes (22%). Overall, the informal market is believed to account for 25% of the labor force (PEA); 40% of the Montevideo labor force is presumed to be involved. Their main activities are services, crafts, and retail trade. They tend not to be "ambulantes," the standard mode of the informal sector in Latin America; instead they are subcontracting, working at the household level and often holding other jobs, both part- and full-time. A 1986 survey of the informal sector reported that over 12% of the households were engaged in some in-house productive activity. The activities most often mentioned were industrial and service related. On the other hand, the number of "ambulantes" in Uruguay is small, estimated at around 3,000. - 51 - Table 7.2: Real Wages Average Private | Public Central 1 State-Owned | Government | Unemployment GDP Sector Sector Government Enterprises | Department Rate Growth 1985 100 100 100 100 100 100 13 1.5 1986 106 108 106 96 102 107 10.7 8.9 1987 111 116 105 97 103 101 9.3 7.9 1988 113 119 10o 102 100 92 9.0 0.4 1989 112 121 102 101 93 88 8.5 1.3 1990 104 114 92 88 87 102 9.1 0.9 1991 108 121 93 82 97 133 8.9 2.9 1992k 111 126 92 77 101 155 8.4 7.4 Source: Coyuntura Laboral, November 1922. Ministry of Labor, Montevideo * As of October 1. 7.5 Social Security System and Reforms: As indicated in the macroeconomic section, the structure and financial predicament of the Social Security system in Uruguay presents serious problems, with crucial implications for macroeconomic stability, labor costs, and the ability to provide the service. The Social Insurance Bank, BPS, manages the general social security system and embraces three major branches: (a) civil servants and teachers; (b) industry and commerce workers; and (c) rural and domestic workers. About 87% of the insured and 90% of the pensioners are in the BPS. The rest are covered by seven independent pension schemes. Coverage of the labor force is at 76% down from a peak of 81% in the 1970s. However, since there are public assistance pensions for the poor, the coverage is virtually universal. Pensions are imputed from the average salary of the last three working years and are adjusted for inflation. This period will be extended in 1993 to the last five working years, with the idea of further extending it to 10 years in another five years. 7.6 The demographic structure in Uruguay is such that the ratio of contributor to pensioner is one to one, the lowest in Latin America, and as the population continues to age, this is likely to worsen. Almost one-fourth of the population now receives a pension. Pensions represent 80% of benefit expenditures and cause 60% of the national budgetary deficit. The cost of the social security system as a percentage of GDP reached a record 15.4% in 1982, declined to 10.3% in 1985, and in 1992 rose to 14%. The BPS overall deficit averaged 2% of GDP in 1986-92, with two-thirds of it the pension deficit. In 1992, the BPS deficit was 25 times higher than the central government deficit. Within BPS the industry-commerce branch generates a surplus that is used to partly offset the deficit of civil servant-teacher and rural-domestic colleagues. State subsidies to pensions have an overall regressive effect because they mostly go to high and middle-income insured groups, such as the Armed Forces and civil servants. - 52 - Moreover, there are numerous unjustified differences in pension amounts. For example, with reference to the average BPS pension, those on the Armed Forces are 400% higher, civil servants 56% higher, industry-commerce 16% lower, and rural-domestic 37%. Political officials and teachers can retire with any number of years of work regardless of age, and they often do so while they are in their forties. The future looks even bleaker. In 1991, BPS prepared a projection of its pension deficit showing that it will rise to 33 % of income by the year 2000 and to 75% by 2045. As EL percentage of GDP, the pension deficit will be between 4.5% to 5.8%. 7.7 Finally, the contributors rates are inordinately high and overall evasion in the BPS is a high 55%. About 25% of the VAT, a 20% tax on registration of vehicles, and part of the income tax revenue is channeled to offset the social security deficit. 7.8 Institutions administering Supplementary Pension Funds (SAFCPs) were approved by a 1984 law and regulated in 1989. Their number is about 25, but they only have around 33,000 members or 4% of those covered by BPS. These funds can be administered by BPS, the State Insurance Bank, or rnon-profit societies organized by unions and professional and trade associations approved by BPS. Commercial corporations, such as Chile's AFP, are excluded. Participation is voluntary, and investment must be mostly in public instruments and a minority in real estate and personal loans. As of now, they have made negligible impact. 7.9 In light of this dire situation, the government, in 1992, after almost a year of debate considering a number (Df proposals submitted to Congress, with apparent consensus, a reform proposal entailing a mixed system of three levels: (a) a reformed public scheme but with the addition of individual accounts based on which pension would be paid; (b) a noncontributory public assistance pension financed by the state; and (c) supplementary pensions provided by a variety of institutions already approved in the 1980s. However, ages of retirement were not changed (60 for males and 55 for females, which results in average pension periods of 16 and 24 years respectively). Payroll contributions would remain unchanged. A minimum of 10 years' contribution was set. The innovative part of the proposal was the introduction of individual accounts, to be used as the basis for determining all future pensions which earn an annual real rate of 3.5%. The replacement rate for old-age pensions would be 60% of the average monthly deposits plus 0.5% for every additional year of contribution up to 65%. The minimum pension would be equal to the minimum salary. The scheme would also pay basic disability and survivor's pensions. The noncontributory public assistance pension would be paid to those age 70 and older, providing they are not covered by BPS and are destitute. This pension would be financed by general state revenue. This relatively modest reform was voted down by Congress. At this time, the draft is being revised for resubmission. 7.10 Other evidence of the difficulty of reform in social security in Uruguay was the constitutional amendment approved by 80% of the population referendum at the end of 1989, which mandated the adjustment of all pensions to the cost of living index and rejected a ceiling on pensions established two years earlier. The fragmented political party structure tends to politicize issues with direct impact on the population, i.e., Social Security, greatly complicating the process of reform. The common instrument to use is national referendums, for this issue as well as for the privatization program (e.g., ANTEL). Chapter 8. The Tax System 8.1 Many private sector entrepreneurs view the level of taxes and tax regulations in Uruguay as the main obstacle to private sector development. Firms included in the PSAS of all size categories and from all four sectors of activity ranked level of taxes and tax regulations as a principal constraint to their activities. However, the distribution of the tax burden among factors of production and activities in Uruguay, more than the tax level itself, has important implications for private sector development. Structure of the Tax System 8.2 Uruguay's tax system' rests basically on wage taxes (social security contributions) and consumption taxes, notably the value-added tax VAT. The evolution of the tax system in the last two decades has moved toward substitution of direct for indirect taxes. For the period 1985- 90, indirect taxes on average amounted to 18% of GDP compared to 12% in Brazil and 4% in Venezuela. Table 8.1: URUGUAY - Evolution of the Tax Structure (percentages) l Tax Structure Percentage of GDP (f.c.) Type of Tax | 1972 1986 1989 1991 1972 1986 1989 1991 Personal Income 1 0 0 0 0.2 0.0 0.0 0.0 Salaries and Wages 47 29 29 33 8.8 5.6 7.1 10.2 Corporate Income 3 5 4 4 0.6 1.0 1.0 1.1 Wealth 2 5 16 15 0.4 1.0 3.8 4.5 General Sales VAT 12 29 24 25 2.2 5.6 5.9 7.6 Specific Sales 27 21 19 16 5.0 4.0 4.5 5.1 Trade 9 11 8 7 1.6 2.2 2.0 2.3 Total 101 100 100 100 18.8 19.4 24.4 30.9 Sources: 1972, 1986: de Haedo and Sapelli; op. cit. Table 3 1989, 1991: Borba and Fernandez; op. Cit. Tables I1 and A2 8.3 Uruguay's current tax structure is the result of the tax reform of 1973, which eliminated the personal income tax and substituted a VAT (consumption tax) for social security contributions (tax on wages) and a number of nuisance taxes. The tax reform had several important objectives.28 It aimed at the establishment of a simpler and more neutral tax regime; 27 This section makes extensive use of the information on taxes in: Carlos A. Borba and Adrian Fernandez, "Incidencia de los Aspectos Tributarios en las Empresas," mimeo, CERES, November 1992. 28 Javier de Haedo and Claudio Sapelli; "Simplificaci6n y Modernizaci6n del Sistema Tributario en Uruguay: 1972 - 1986," Serie Temas Economicos y Sociales, CERES, November, 1988. - 54 - the reduction of collection costs for both the government and the taxpayers; and increasing the competitiveness of exports through the rebate of indirect taxes to exporters. Most importantly, with the adoption of the VAT as a major source of fiscal collections, the tax reform implied an important departure from the previous objective of using the tax system for distributive purposes. The tax reform and enforcement efforts not only changed the structure of taxes, but increased tax collections by about 5 percentage points of GDP between 1972 and 1989 (See Table 8.1). 8.4 Mounting budgetary problems in 1989/90, aggravated by the effects of the reform of the indexing mechanism for public pensions, led the government to increase tax rates and to introduce some new taxes in 1990 and 1991 (Fiscal Adjustment Law of 1990). Several taxes were increased--VAT, excise taxes, taxes on bank assets, and corporate income taxes. New taxes on wealth, transactions, and commissions were introduced29 and rebates on exports were removed. The new taxes were expected to be temporary, but they have become a permanent feature of the tax regime. The tax measures succeeded in increasing collections to 30.9% of GDP in 1991, but they detracted to some extent from the objectives of the 1973 reform with the creation of small taxes of low yield, and by once again placing strong emphasis on taxing personal income and labor. Some new taxes, such as the taxes on personal contributions and commissions are, in effect, taxes on personal income but without the clarity of a personal income tax. The use of temporary taxes to address budgetary problems also introduced greater uncertainty into the environment for private sector development. Characteristics that Affect Private Sector Development 8.5 Uruguay's tax structure contains a number of problems that impinge on the development of the private sector. Principal among them are: (a) lack of neutrality; (b) excessive discretionality; (c) high degree of evasion; and (d) inefficient implementation. The predominance of indirect taxes suggests the system is also excessively regressive but the evidence is not clear cut. Furthermore, high social security contributions, which total nearly 40% of labor costs, increase the cost of labor and reduce the competitiveness of Uruguay's producers. Social security contributions could be considered a wage tax, since the system is unable to render the services it is supposed to provide. 8.6 Lack of Neutrality. A number of taxes have numerous exemptions or are applied differently according to firm size, type of ownership, type of product or activity. Lack of neutrality in the tax system introduces distortions in relative prices and hence in resource allocation. For example, income taxes discriminate against large firms. Small personal firms with incomes below a certain limit are exempt from the corporate income tax (IRIC). They pay taxes based on "fictos" that imply lower rates; they also have lower social security contributions. Small firms are also exempted from IVA. This exemption, however, works against them 29 Taxes created after the 1974 tax reform include: IRP tax on personal retributions; IVEME tax on the sale of foreign exchange, 1984; tax on commissions, 1990; tax on the transfer of real state property, 1990. - 55 - because the IVA included in their purchase of goods and services constitutes a cost for them that they cannot offset against fiscal credits. 8.7 Small firms not only pay lower taxes but are also more likely to evade taxes, since tax collection efforts concentrate on a relatively small group of large firms. Nearly 80% of IVA collections come from a group of 10,000 large firms registered in the System of Special Control of Taxpayers (CEDE). Similarly, 70% of social security contributions come from the 5,000 largest tax payers. 8.8 Several taxes ,.7apply more heavily to incorporated public companies than to personal companies. For examole, under the IRIC, all rents of a public company are taxed while some rents of personal companies are not. Also, cooperatives are in some cases exempt from the IRIC and in other cases are charged 50% of the applicable rate. The wealth tax (patrimonio) is also lower for personal companies than for public companies. Finally, the ICASA, a tax on the constitution and expansion of public companies, obviously apply only to this type of firm. Tax discrimination against incorporated public companies works against the development of the capital market in Uruguay. On the other hand, the IRIC makes no distinction between distributed and reinvested profits, which, according to some entrepreneurs, does not encourage reinvestment. There are also tax differences according to types of activity. Agricultural activities are subject to a different income tax regime than industrial and commercial activities. As a result, there is a very unequal distribution of the tax burden between the agricultural sector (which pays little taxes) and the formal urban activities. 8.9 The existence of two different IVA rates and of products and activities that are either exempt from IVA or that pay zero IVA reduce the neutrality of this tax. IVA has a basic rate of 22% but some products of mass consumption such as foodstuffs, medicines, and the raw materials pay 12%. Hotel services, not a mass consumption service, also pay 12% IVA. Products exempt from IVA include agricultural inputs, petroleum derivatives, printing material, transport services, and provision of water and electricity. The effect of IVA exemptions works against producers of some of these products. Since the sale price of exempt products does not include the IVA as a separate item, producers do not have IVA credits against which to discount the IVA incorporated into the purchase of their inputs, which become a cost30. The exemption of IVA is less of a problem for agricultural products because some inputs are also exempt from IVA. New and long-maturing investments are discriminated against under the current IVA system, since the IVA credits lose real value over time due to inflation. In investments of long duration the loss can be substantial. Exporters pay zero IVA. They have a fiscal credit for the IVA paid on their inputs, but delays in processing the taxes affect them because their IVA credits also lose real value over time due to inflation. 30 CERES: Informes y Propuestas 6 'Hacia Una Primera Racionalizaci6n del Sistema Tributario: El Impuesto al Valor Agregado," February, 1991. - 56 - 8.10 Uruguay's tax system discriminates against certain forms of financing. Different tax treatment of liabilities stemming from bank credit or the issuance of debentures has contributed to the lack of developrnent of the capital market. Liabilities from bank credits can be deducted for the calculation of the wealth (patrimonio) tax but those stemming from the issuance of debentures cannot, resulting in a 2 % difference in the cost of financing from these two sources. Also, non-bank loans, including debentures, can be deducted for income tax purposes only up to the limit of the deposit rates of BROU. On the other hand, the IMABA, a tax on banking assets, increases the cost of bank credit. Banking assets are subject to double taxation under the IMABA and the wealth tax on banking institutions. The wealth tax also discriminates against financing of equipment through suppliers credit, since these credits cannot be deducted in the calculation of the enterprises' net worth. The 4% tax on the constitution of mortgages between private entities and the above-described higher income tax on incorporated public companies also work against the development of the capital market. 8.11 Tax exoneratioris under the Industrial Promotion Law of 1974 (IPL) reduce even further the neutrality of the tax system. Exonerations apply to activities declared of National Interest by the executive. Different sectors have been declared of national interest such as tourism, export activities (specific products mostly agricultural), forestry, mining. The law does not specify the extent or duration of the exemption; this is left to the criteria applied by the many authorities involved in this regime. The main exonerations granted under the IPL are: (a) exoneration of import tariffs on equipment not produced locally; (b) exoneration of IVA on imports of capital equipment and reimbursement of IVA on locally purchased equipment in activities of long maturation; (c) exoneration of IRIC for channeling of savings and autochanneling of savings; and (d) exoneration of the wealth tax. 8.12 The application of some incentives under the IPL discriminates against new investment. For example, new enterprises do not have profits and therefore cannot use a tax break on retained earnings. Other general incentives are the exoneration of IRIC on reinvested fiscal benefits, accelerated aimortization of capital, and deduction of up to 50% of the cost of the imported machinery for the calculation of the wealth tax. 8.13 The costs of the industrial promotion regime in terms of misallocation of resources and foregone revenues are probably high, while its effect in attracting investment is dubious. Lost revenues due to fiscal incentives are estimated to be about US$50 million per year, more than 0.5% of GDP. In December 1991, the government imposed limitations on the exonerations contemplated in the IPL (IVA and IRIC). However, the law has not been modified and the incentives could be easily reinstated. 8.14 High social security contributions increase the cost of labor (40% of labor costs) creating a bias against labor-intensive activities. One affected sector is tourism. In Uruguay, labor costs in the hotel business amount to about 50% of the operational costs, compared to 40% in developed countries and less than that in other developing countries. - 57 - 8.15 High Discretionality. The tax laws give the tax administration a large degree of discretionality to determine the level of taxes and to introduce exemptions and temporary taxes for budgetary reasons. The high degree of discretionality makes taxes unpredictable and confounds attempts at long-term planning by firms. This explains why firms interviewed in the PSAS consider tax regulations a major constraint on private sector activities. The IPL leaves to the discretion of the authorities the criteria for declaring an activity or an enterprise of national interest. Also, it is up to the authorities to determine the type of tax to be exempted and the duration of the exemption. Moreover, the granting of a tax exemption to a firm in a particular sector does not imply that the same treatment has to be given to all the firms in that sector. Since there are about 40 government agencies dealing in some way with industrial promotion, the result has been a completely disorganized net of exemptions. 8.16 High Level of Evasion. Tax evasion in Uruguay appears to be substantial. Estimates by CERES3' suggest that in 1989 evasion of IVA was about 25.5% of potential collections-- equivalent to 2.2% of GDP. The IMF has estimated that evasion reached 33% of potential collections for the same year and that evasion decreased to 29% in 1991. This means that IVA evasion in 1991 could have reached $150 million. Different levels of IVA evasion among sectors decreases the system's neutrality. Estimates for 1983 indicate that evasion levels varied from 9.1% in financial transactions to 55.3% in services. Evasion of IMESI, a sales tax, for alcohol products could reach 16% of the potential collection. Tax evasion to the social security system is also substantial. Since, until recently, retirement benefits were computed relying on the average income compensation during the last three years, firms and employees agreed not to report wages during the early years of employment. The recent extension of the base for calculating social security pensions to five years will reduce evasion32. Tax evasion due to non-registration with the Banco de Previsi6n Social is also common. Estimates of tax evasion affecting the social security system (not counting payments for maternity, health and unemployment insurance)33 indicate that it amounted to more than US$300 million in 1990, eq uivalent to 31 % of potential collection and 3 % of GDP. There is also substantial tax evasion through smuggling. Collection losses due to smuggling may have reached US$60 million in 19903. These estimates indicate that total tax evasion in 1990 was about US$500 million, more than 5 % of that year's GDP. This high level of tax evasion is partly explained by a faulty collection system, weak enforcement mechanisms, and leniency towards evaders. 8. 17 Inefficient Implementation. The tax administration has improved with the introduction of a system of enterprise control (CEDE) concentrated on the 10,000 largest tax-payers, who 31 CERES, "Informes y Propuestas 6"; Op. cit. 32 The period for calculating the social security pension will expand to reach 10 years in 5 years' time. 33 Estimates by the Institute of Statistics of the Economics Faculty of the Universidad de la Repdblica, quoted by Borba and Ferndndez, 'Incidencia de los Aspectos Tributarios en las Empresas"; 2p. cit. 34 Estimates by Borba and Fernandez based on smuggling estimates by M. Bergara and A. Masoller (1991). - 58 - provide about 80% of fiscal collections. However, to increase collections, the group of large taxpayers will need to be expanded. Control methods, however, remain inadequate because of lack of personnel and efficient information systems. In addition, the administrative procedures for the payment of taxes are frequently cumbersome and time consuming, which act as incentives for tax evasion. A program to improve tax administration financed by IDB/CIAT is under implementation. The IMF has recently made recommendations to improve control and enforcement of IVA, I1MESI, and contributions to the Banco de Seguridad Social. Nevertheless, there have been significant reductions in tax collection costs in recent years. Administrative costs as a percentage of tax collections of the Tax Revenue Service (DGI) have decreased from 2% in 1974 to 1.1% in 1991; for the BPS administrative costs decreased from 8.7% in 1987 to 5.9% of collections in 1990. 8.18 Regressiveness. The high share of consumption taxes in Uruguay's tax structure would seem to indicate a high degree of regressiveness. However, two estimates quoted by CERES35 show that the regressive effect of IVA and IMESI are relatively low. The incidence of IVA in the households of higher income was 7.76% against an incidence of 9.35% in the lowest income households. The incidence of the IMESI was 4.5% and 3.28%, respectively. 8.19 The tax system as a whole lacks transparency due to unclear definition and lack of dissemination of the legal text on which the taxes are based, and is plagued by protracted and cumbersome procedures. The government currently lacks adequate instruments for disseminating norms issued with respect to laws and decrees on taxes. Usually the only information available is from newspaper articles. This creates a problem for enterprises and tax advisors in gaining information on a timely basis. Also, tax norms are often not clearly written, which leads to mistakes of interpretation. 35 CERES; Informes y Propuestas 6; op. cit. quotes estimates by Bisogno y Grau: "Tributaci6n Indirecta y Distribuci6n del Ingreso," Suma, 6, 1989 and J. de Brum: "Una Evaluaci6n del Impuesto al Valor Agregado en el Uruguay," CERES, 1991. Chapter 9. The Legal Framework Introduction 9.1 The legal framework is a highly important element for the efficient functioning of a modem economy. The mere existence of a legal system makes a fundamental difference in the activities of the private sector by reducing transactions costs, facilitating contracts, resolving disputes and assuring property rights in a fundamental way. Uruguay has a well established legal framework that is the result of its political maturity and democratic institutions. Despite this, there are many lacunae in the law, deficiencies in its administration and procedures, as well as in its enforcement (See Box 9.1). Box 9.1 Weak Property Rights: hnputed Values While it is difficult to quantify the impact of weak property rights on the private sector, a rough estimate can be inferred by the following observation. The market price of real estate (buildings, apartments, land) when occupied (squatters or delinquent tenants) is about half what it would be if unoccupied. There are a large number of unoccupied housing units (allegedly 40,000 units) in Montevideo because owners do not want to rent them for fear of not being able to recover their properties without large costs. Weak property rights also affect contracting. In interviews, a sample of entrepreneurs indicated that they would increase their sales by 10% if they had more confidence that contracts were binding. Property Rights 9.2 Property rights appear to be well defined and there is a well functioning property registry system, albeit with a significant backlog. The issue lies in the difficulty to repossess property in light of breach of contract. The inability to rely in a timely and fair fashion on the judicial system for the resolution of disputes, including speedy transfer of property rights and collection of penalties contractually agreed to, affects significantly the level of economic activity and private sector development. 9.3 In Uruguay, the interaction of the existing law with the incentive structure has produced many inefficiencies. Two of the basic issues relate to the mandated public ownership of certain activities and the inadequacies encountered in the corporate law and the commercial codes. The - 60 - assignment of property rights, particularly to operate certain economic activities, is an issue. Many activities are state-owned including petroleum refining, cement, alcohol, air transport, telecommunications, inisurance and port services of which many are monopolies. But more importantly, these activities do not have a public good or natural monopoly character. Moreover, the law also provides for a dual role for state enterprises as owner and regulator. This contravenes public interest directly and detracts from consumer welfare. 9.4 There are marny deficiencies in the legal framework, particularly with respect to commercial codes and corporate law. They impinge on both output and financial markets. In the output market, the law dealing with the exit of firms, the bankruptcy law, is deficient. It provides for a protracted process that is extremely costly. The main reason for this is the abuse of the "concordato, " which alows firms to remain in "financial limbo" and provides them with legal protection to use delaying tactics, which prevents the exit of an inviable firm. The inadequacies of corporate law prevents firms from being publicly incorporated because it gives minority shareholders extraordinary power to influence the day-to-day running of a firm and to resort to the court system to bring injunctions against management. This is well beyond what is needed to provide a healthy amount of minority rights in a firm. 9.5 Property rights in the financial market are infringed upon in a variety of ways. First, creditors rights are not guaranteed. The government has at least on two occasions forced refinancing of debt an,d has damaged the sanctity of contracts between two private parties. Second, the existing law is not adequate to allow the use of movable property as collateral. Moreover, the system of recordkeeping is deficient so that the size and maturity of an existing debt is not unambiguously defined. Third, the tax law favors debt over equity and inhibits the growth of an equity market. Finally, there is much ambiguity about the status of a financial guarantee given to a firm when there is a transfer of securities between owners. 9.6 As mentioned in Chapter 6, there are deficiencies in the protection of intellectual property rights. The existing law enacted in 1940 is dated, and seldom properly enforced. It contains a number of provisions, particularly in the areas of pharmaceutical/chemical biotechnology that creates difficulties for both foreign and national investors who are working with advanced technology. Moreover, there is no provision for trade secrets protection. Piracy and speculative registration of foreign trademarks by domestic agents is rampant. The unfamiliarity of judges with modern technology and the value of intangible assets compounds the problem. Moreover, the inefficiency of the patent and trademark office has lead to a colossal backlog of cases and disruption of the industrial property system. 9.7 Apart from the above instances where property rights are not adequately defined, there is the provision available to the electorate to call for a plebiscite with 25 percent of the electorate and rescind any law the Congress has passed within a year (as was the case of the December 1992 plebiscite). In addition, in the private sector, there is the general sentiment that the court system as well as the state bureaucracy renders its judgments or makes administrative decisions that are based in favor of labor over management. - 61 - The Judicial System 9.8 Uruguay's judiciary system enjoys an enviable reputation of being free from corruption. Yet it has other problems caused to a large extent by a deficient judicial system that provides at best incomplete protection of contracts and transactions. Delays in the resolution of conflicts or breaches of contract and the lack of confidence in the professional capacity of the judicial system are the main issues. Consequently, in addition to the inadequate law, the weak judicial system contributes to the weak property rights. 9.9 Uruguay has recently embarked on a fairly comprehensive judiciary reform program. Main improvements have been the adoption in 1989 of a new civil procedure code that focuses on the use of oral hearings, the creation of 100 new judgeships, and a new school (CEJU) for judges to educate the legal community in the new civil code, implementation of a program to automate the calendaring system, the development of a statistical data base in conjunction with AID, and the creation by the Supreme Court of the Office of Planning to improve resource allocation and decision-making. These measures, particularly the first one, can and have decreased the expected time for processing civil cases. Despite these recent improvements in the system, problems remain. The main problems are the excessive centralization of administrative policy in the Supreme Court, the lack of alternatives for resolution of disputes, the existing abuse of procedures to delay case resolutions, the rigid structure of career path of judges, the relatively small number of judges, the interpretive approach to law as opposed to the precedent case approach, and deficiencies in the qualification of judges. The interpretive approach where each judge freely interprets the law, not having to consider previous rulings or opinions, leads to subjective decisions which vary from judge to judge, and are thus more difficult to predict than the precedent case that builds on previous decisions. These problems cause long and costly delays in litigation, uncertainty, and arbitrariness in court decisions, and lack of specialization and expertise in judges. 9.10 The extent of the delays can be seen in the following examples. The first hearing for a car accident case can take from 9 to 12 months; the execution of a collateral mortgage guarantee can take up to 5 years. Also, in the legal jargon there is the term, "chicanas," which denotes procedures that are irrelevant to the case which causes delays and are commonplace. 9.11 The newly appointed judges are young, with little legal experience and inadequate understanding of commercial law. There is a need to implement educational programs to cover the law and to increase the knowledge of the judges about law and economics. In addition, there is a widespread perception in the business community that there is prejudice against businessmen and creditors. This perception is based on the large percentage of cases decided in favor of workers against employers (90%) and in favor of debtors against creditors (80%). 9.12 The rigid career path for judges and inadequate remuneration have made it difficult to attract high-quality professional lawyers. All appointments have to be made at the entry level of the system. The constitution requires that any lawyer wishing to pursue a career as a judge slart at the bottom -- which are judgeships in rural areas as justice of the peace (jueces de paz - 62 - rurales). Promotions are made by the Supreme Court. This process takes the judges through a long career path before they are assigned to Montevideo, the most desired location. Also, as a result of that career path, judges have no experience in the practice of law, and their human capital, particularly in areas of commercial law, and to some extent civil law, depreciates while in their rural stint. T'he current training provided by CEJU on the new code ought to be expanded and include new programs for judges and court staff covering commercial law, law and economics, antitrust and business related subjects. 9.13 The absence of data on rulings compounds the problems of the judiciary. For example, the effectiveness of the new corporations code adopted in 1990 is very difficult to asses since there is no compiled data on the rulings. Clearly a law and its interpretation, defining the rights, privileges and responsibilities of corporations and minority shareholders is most vital for private sector development. Thus the compilation and dissemination of court decisions on a timely basis is vital for the well functioning of the private sector. 9.14 In addition, the current judicial system is excessively centralized in the body of the Supreme Court. The exercise of administrative functions has occupied an undesirably high fraction of the Court's time, burdening and affecting its effective jurisprudence function as the ultimate legal arbiter. 9.15 Standard alternative means of resolving disputes, such as arbitration, mediation, conciliation, and private judgment, are not developed or accepted yet in Uruguay. The response of the private sector to the deficient judiciary environment has been to engage only in transactions where self-enforcing contracts can be established. The consequences are suboptimal levels of economic activity. To alleviate the problem, some groups within the private sector are considering bypassing the court system. They would enter into private agreements among themselves, in such cases as payment default, to bring about quicker resolution. There are a number of alternatives that ought to be considered. They include arbitration, mediation, conciliation, private judge, etc. They offer faster and cheaper means to resolve disputes. The use of retired judges and highly respected lawyers for these endeavors would be appropriate. 9.16 As a result of the current environment, a number of transactions or activities that would have otherwise taken place on efficiency grounds, are not realized and the costs of those that take place are significantly increased. While it is difficult to quantify the impact of the problems of the judiciary system on the private sector and on economic activity, an imprecise cost due to the problems can be inferred indirectly. The market price of real estate (buildings, apartments, and land) when occupied (squatters or delinquent tenants) is about half what it would be if unoccupied. Entrepreneurs have indicated that if they had more confidence in the judicial system, they would engage in additional contracts which could increase sales by at least 10% over the present level. - 63 - Foreign Investment Law 9.17 None of the common legal or administrative impediments to investment that FIAS so often finds elsewhere are present in Uruguay. Yet private investment, both local and foreign, has been low and stagnant for many years. The problem has been: (a) a lack of profitable opportunities, coupled with (b) a paternalistic state that allowed bankrupt businesses to keep operating (one cause of a very weak domestic financial system), and interfered in many ways with the day-to-day investment and operating decisions of private firms. Following recommendations by FIAS, the Government has taken significant steps to remove discretion and government red tape as well as interference in granting investment incentives. 9.18 The current Law 14.179 and its regulations (Decree 808\974) are deficient in a number of ways. For firms opting to be subject to this law (they have a choice), the state guarantees the right to remit dividends and repatriate capital, under the following conditions: (a) three years must lapse before capital can be repatriated; (b) profits not remitted within two years shall be regarded as capitalized; (c) firms whose capital originating from abroad constitutes more than 50% of their capital may not avail themselves of domestic loans with repayment periods over one year; (d) the Minister of Economy and Finance must approve the previous investment recommendation of the Foreign Investment Advisory Unit; (e) investment in electric power, hydrocarbons, petrochemicals, atomic energy, strategic minerals, agriculture and livestock, meat packing, radio, press, television, financial brokerage, railway, telecommunications require the authorization of the Executive Power in the Council of Ministers, supported by corroborative evidence; and (f) investments must be registered with Central Bank. However, none of these laws are enforced. Thus, the legal system does not act as a barrier against foreign investment, even though these laws have remained in the books. What the current law does is to provide confusion to foreign investors regarding the applicability of those restrictive rules. Hence, the law is detrimental to the image projected abroad of the broad and liberal investment framework in Uruguay, thereby making investment promotion difficult. 9.19 Given the described red tape and restrictions plus the favorable institutional capital environment in Uruguay, it is not surprising that this Law has been largely ineffective. With the establishment of free currency markets and with no restrictions on dividend remittances or capital repatriation, investors believe that they have more freedom to operate if they do not subscribe to the Foreign Investment Law. This is one more reason to repeal it. There should be an effective and binding law that provides clear norms, minimal restrictions compatible with efficiency, protection to industrial and intellectual property rights, and provisions and insurance against the event of legal expropriation, as well as a level playing field for domestic producers. 9.20 A simple, new investment law, to repeal the obsolete one and codify existing freedoms and guarantees, is being drafted in conjunction with and IDB investment sector reform loan. Uruguay is taking steps to liberalize international trade, an important consideration for potential foreign investors. Great progress has been made in making the judicial system more effective in enforcing debts, administering bankruptcies, etc., and the financial system is being - 64 - strengthened. The pro,posals for strengthening the promotion agency (CDI) have been accepted by the government and passed to donor agencies, which have approved future funding. 9.21 An additional issue is the policies and regulations in Uruguay concerning the use of arbitration as a means t:o settle disputes and enforce private international law, and the impact of arbitration clauses in bilateral treaties for the promotion and protection of foreign investment. Uruguay has been unable to conclude negotiations for bilateral investment protection and promotion treaties with countries like the USA and France because of differences concerning the use of commercial arbitration as a means to settle disputes. While these countries contend that they should have immediate recourse to international arbitration, Uruguay contends that the remedies that domestic courts offer must be first exhausted. 9.22 Recently, Uruguay joined the MIGA convention, which provides guarantees against political (war, expropriation, inconvertibility, breach of contract) risks. In joining the convention, Uruguay bound its investment codes to an international agreement that has well- defined rights and duties for member countries. Chapter 10. Infrastructure Issues 10.1 In Uruguay, as in other parts of Latin America, infrastructure has progressively deteriorated over the last three decades mostly due to reduced spending on maintenance. The PSAS results indicate unreliability of power, inadequate transport, poor communications beyond major cities, plus generally unsatisfactory trade facilitation and logistics. Moreover, the efficiency, quality, and quantity of existing infrastructure needs to be improved through proper pricing and utility charges, as well as by well-conceived concessions to the private sector. Given that the trade and economic location and activity patterns are likely to change with the advent of MERCOSUR, the main infrastructure issues related to private sector development clearly need to be revisited. 10.2 Practically all infrastructure services are operated by SOEs, with mostly poor performance. Inefficiencies translate into high costs, low quality, and unreliable service provision, which critically affect private sector development. Among the most promising developments has been the passing of the Public Enterprises Law (no. 16.211) and the Law for the Reform of Port Services. The former allows private capital involvement in telecommunications (ANTEL), air transport (PLUNA), electricity services (UTE), as well as the closure of the state fishing company (ILPE). The latter facilitates private sector participation in provision of port services (see below). This chapter then assesses the impact on the private sector of the major infrastructure components. 10.3 Port Services. The recently enacted Ley Nacional de Puertos has dramatically changed the efficiency of this crucial activity. The quality of the port infrastructure and related services was singled-out by exporting firms interviewed during the PSAS as the most important infrastructure problem they faced. The following port services have been transferred to the private sector: loading and unloading, stevedoring and drydock movement of commodities. Significant improvements have been achieved in the few months since the new law was passed. Ship-waiting time in dock has been cut 50%, and productivity has increased significantly: for example, 300% for gravel, 250% for packaged goods, 30% for containers, and 50% for fruit crates. Asociacion Nacional de Puertos (ANP) has reduced its labor force by 40% through incentive programs, although some 2,650 employees remain. Most of the former ANP employees have been absorbed by the new private port operators. The port reform has created a strong precedent for breaking up a very powerful state enterprise and a powerful union-- SUANP. 10.4 Significant improvements also have been achieved in reliability and productivity, giving greater confidence to port users. According to the new law, ANP reserves the jurisdiction to maintain, administer, and develop port facilities; however, some important issues remain unresolved. These include norms to guide the provision of port services, the use of port infrastructure, and port services expansion and investment. The current law also does not permit concessions of existing infrastructure. Further concessions to private sectors of additional services--such as towing repair services, machinery, and dregging--could be considered, with ANP handling only administration and coordination of new investments. Finally, the current - 66 - jurisdiction of ANP as both regulatory agency (granting concessions of port services) and provider of services seems inappropriate. In this regard, ANP could relinquish the latter function. 10.5 Pricing of poIt usage is still determined by ANP. The fees remained the same until December 1992, after which they were reduced by 40%, though only temporarily. On top of the port fees, users are charged loading and unloading fees by the new (private) port operators. The time-productivity gains, however, have compensated for the increased charges, but rents accrue to ANP. The expectation is that the overall fees will decrease as competition emerges and ANP charges are set more in line with the actual costs of the service. 10.6 Highway System. There is a 10,000 km road network, nearly all of which is single lane. Maintenance expenditures total $60 million per year. This is considered inadequate given the age of the network and the poor quality of maintenance to date. A private sector toll roads concession system has been adopted to finance improvements and double the capacity of the primary road network. 10.7 The main investment issues in the sector are (a) the construction of a bridge of 34 km over the Rio de la Plata to link Uruguay and Argentina by road, and (b) the waterway project along the rivers Paraguay-Parana and Cuenca del Plata, to be used by Bolivia, Paraguay, Brazil, Argentina, and Uruguay, and which will provide Bolivia and Paraguay direct access to the Atlantic. The tradeoffs, cost, and benefits of the bridge over the Rio de la Plata project have not been rigorously evaluated. A tentative estimate of the required investment is nearly $1 billion, with an estimated rate of return near 20%. 10. 8 Freight transport has been fully deregulated. There is free entry and prices appear to be market determined. On the other hand, government intervention is widespread. There are a large number of procedures, permit requirements, norms on loads and vehicles, and fees in the sector. The streamlining of permits and procedures should be seriously considered. 10.9 Railroads. There is no passenger service provided and the freight market share is not large. Without a complementary railway infrastructure in Brazil to establish connections, the long-term viability of the Uruguayan railroad is questionable. As of now, it lacks financial viability and its social contribution is doubtful. A rationalization of the system should thus be considered. 10.10 Power. The power sector is operated by the state-owned enterprise, UTE, which also owns and operates a cement factory. Generation is not an issue as the capacity appears adequate to satisfy medium- and probably long-term needs. Distribution and pricing are another matter. The PSAS respondents placed power unreliability at the top of the list among infrastructure problems. UTE will invest US$200 million (through a World Bank loan), to shore-up its two thermal plants and increase their capacity to over 930 megawatts. Both plants will be adapted to operate entirely with natural gas. This investment along with the generating capacity of UTE's hydroelectric plants will meet Uruguay's power demand until 2030. The principal - 67 - problem is the distribution of power. Blackouts and power surges are common, disturbing economic activity with enough frequency to be of great concern for private enterprises. UTE is in the process of restructuring its tariffs into a three-tier structure based on demand volume, capacity, and time of use. This seems appropriate since tariffs reflect its U-shaped cost curve but that is not the case. Currently, the three-tiered tariff structure presents discontinuous increases in the marginal rate for each tier. UTE's average cost of appears high by world standards. While it is claimed these costs could be lowered to 4 cents, it is not clear why they were not lowered before. 10.11 Electricity tariff revenues have declined in real terms by some 85% through the period 1985-92. As of now it is not a profitable enterprise. The reason given for this is the need to service debt on the Palmar Dam. That debt was transferred to UTE from the government. However, dam financing cannot be considered an additional burden, since UTE makes extensive use of the (low-marginal-cost) energy supplied by the dam. Consequently, a further revision of the tariff structure will be required to recover the costs of this investment. 10.12 The Government could develop a regulatory framework to allow private operators to participate in the national power system, which could lead to the privatization of some generation plants, and to allow private generators to sell power to the national grid. This measure is being considered for 1993. Law 16.211 allows the Government to provide authorization for integration of private generating plants into an interconnected system, as well as for UTE to purchase privately produced electricity. For that purpose, a regulatory body separate from UTE should be established. 10.13 Telecommunications. The telecommunications sector is being operated by ANTEL, a state-owned enterprise that operates as a monopoly. Plans to privatize the company were set back by the unfavorable outcome of the December 15, 1992 plebiscite. Uruguay has the highest telephone density in Latin America, with 13.4 lines per 100 population. Near 60% of the installed lines are connected to digital exchanges, providing high call-completion rates to subscribers. However, the overall call-completion rate is near 35%, while in most developed countries the rate is around 70%. In addition, in Uruguay each line is out of service on average about two weeks a year. Expected waiting time for installation of telephone service is over a year--and much longer outside Montevideo. The waiting list is over 50,000. Twenty percent of the enterprises surveyed consider their access to telephone lines inadequate. The tariff structure is cross-subsidized from international calls to local calls, the former being 50% higher than average international tariffs. 10.14 While ANTEL has been profitable, earning 18.3% on fixed assets and 23.1 % on equity in 1991, its overall evaluation in terms of consumer welfare is not favorable. As noted, pricing is distorted, quality is deficient, and operating costs are high. The needed investment crucial for private sector development to expand the network and to improve quality has not been forthcoming. With the defeat of ANTEL privatization, the plans for the regulatory agency, CONTEL, which was to be established, have been put on hold as well. Yet, the regulatory need remains, since the cellular telephone market as well as the valued-added and peripheral services - 68 - market are developing. The granting of concessions and procurement has to be overseen by a regulatory agency if not fully liberalized. 10.15 Airline. The privatization of the national airline, PLUNA, is proceeding smoothly. Four international companies have prequalified--American Airlines, Aerolineas Argentina, VASP, and Iberia. The privatization process is expected to be completed in 1993. The state will keep 49% of the value, including up to an 8% employee share, and the private consortium will include domestic investors holding no less than 2% of total capital, to ensure domestic control. 10.16 Gas Company. The gas company, formerly privately operated, includes a cracking plant, storage tanks, and distribution network. It was taken over by the state to avoid bankruptcy. The government is considering a 15 to 30 management concession to the private sector. This should be welcome, although these plans could be affected by the recent referendum on privatization, which has weakened the government's overall privatization program. Pricing Policies 10.17 There are questions concerning the rationale for setting tariffs. With the exception of petroleum products and port services, where prices appear extraordinarily high, the periodic tariff adjustments have lagged behind realized and expected inflation, thus eroding the revenue base and distorting economic prices. Operating costs are excessive, reflecting allocative inefficiency in many enterprises. These are distortions in both costs and prices. Management proposes periodic tariff adjustments; the Planning Office, in consultation with the Ministry of Economy, approves or modifies the request. Tariff setting is handled separately from enterprise budget decisions. The criteria for tariff selection varies among state enterprises. Some of them (e.g., ANCAP) appear to be aimed at earning an appropriate positive real rate of return; others appear to be aimed at merely breaking even. State Ownership 10.18 State-owned enterprises control key sectors of the economy which could remain in state hands with little compulsion for them to increase efficiency. These services are deficient in terms of quality, prices, and quantity. Some enterprises are net revenue earners (e.g., hydrocarbon operations); others are an unwarranted budget burden. Moreover, the government does not have the resources to initiate an urgent investment program to provide the needed improvements in services to facilitate private sector efficiency. The defeat of the five articles of the newly enacted Ley de Empresas Publicas at the December 13, 1992 plebiscite, which would have permitted the privatization of the telecommunications monopoly ANTEL, has cast serious doubts on the future of any privatization program in Uruguay. The privatization procedure suggested was among the most timid and restrictive in the region--designed as a joint venture but with the state reserving the right to extensive control. It would be both feasible and desirable at this stage to form a Commission on Privatization to seek a more informed consensus, so that political and social support for a privatization program could emerge. The privatization of PLUNA, the state-owned airline, provides some hope for future privatization efforts in Uruguay. Chapter 11. Private Sector Development Strategy 11.1 In the 1970s and 1980s, policy-makers came to the realization that the role of the state needed to be streamlined and that the private sector should increasingly become the means to improve economic performance. To accomplish this, the private sector must have confidence in the government's ability to play this crucial role within the framework of a detailed private sector development strategy.36 This chapter develops the elements of a private sector development strategy the government of Uruguay could consider. This strategy comprises a number of reforms and government actions that needed to bring about a sufficient transformation of the economy so the private sector can play a more vital role in the economic development of the country. Of course the extent and the pace of reforms will depend on political realities, the commitment of the policymakers to change, and on the private sector itself--which will have to assume a more competitive and dynamic role than in the past. An agenda derived from these reforms and measures is presented in the Executive Summary and Reform Agenda. Macroeconomic Policies 11.2 The issues identified in Chapter 3 suggest that a number of reforms need to be undertaken to maintain macroeconomic stability and promote a greater private sector role in the economy, as follows: 11.3 Short-Term Stability. The most important near-term macroeconomic policy measure the government should undertake is bringing domestic inflation under control. While the inflation rate has come down in the last three years, it still remains high and stands in the way of reaching macroeconomic stability on a more permanent basis. The indexation of wages has been a factor that has helped the country adjust to a high level of inflation. But since the economy has to reduce the distortions arising from inflation, and must become competitive as the trade regime is being opened, there is a need to reduce inflation to a more manageable level. An IMF standby arrangement is addressing this issue now. It is hoped that inflation and targets can be met to put the economy on a more permanent path of stability. Reduction of the fiscal deficit has helped; however, the medium-term challenge (as described below) is to secure a permanent fiscal balance. 11.4 Not much can be done about the short-term macroeconomic instability arising from the economic interdependency with Argentina and Brazil. Attempts to smooth the shocks through relative price changes could prove to more problematic than attempts to ride out the shocks with a more flexible economy in the medium-term. This flexibility will come about from the labor market and regulatory reforms identified below. The principal need is to finance transitory shocks and to adjust relative prices for the permanent shocks. The former is now being undertaken by the private sector through arbitration of financial assets with the rest of the world. The latter requires precisely those reforms needed to improve the economic competitiveness. 36 Developing the Private Sector: The World Bank's Experience and Approach, World Bank. Washington D.C., 1991 - 70 - Flexible real wages, prices, and interest rates, along with building macroeconomic credibility will go a long way to address the issue of long-term macroeconomic stability. Even though MERCOSUR should increase competition, it could induce instability in the economy by increasing exposure to Uruguay's two large trading partners, especially Brazil. 11.5 The complementarity between macroeconomic and microeconomic reform in Uruguay should guide the reforms. The government will need to manage shocks in a way that is predictable to the private sector. This could be achieved by avoiding the imposition of restrictive trade and regulatory measures as a way to deal with macroeconomic problems. As an open economy, Uruguay must ensure that public policy does not become the root of uncertainty. The reduced demand for domestic currency and the corollary dollarization of the economy tend to magnify external shocks. With a consistent style of macroeconomic management, the demand for peso assets could increase and ease the problems of stabilization. 11.6 Social Security System. Social security reform is the most important factor in putting the economy on a more permanent growth path. The objective should be to reduce the excess burden on the government, reduce the cost structure of firms, and remove the rationale for a highly inequitable inflation tax on the population. The demographic situation is such that without social sector reform, public finances will continue to undermine the financial viability of the state, as well as the prospects for increasing the competitiveness of the economy. A thorough reform of the social security system is needed, including moving to a fully funded system that is at least partly funded instead of a largely publicly run, pay-as-you-go system. That, however, will require much larger public surplus to maintain macroeconomic balance. In late 1992, a numbeir of measures were adopted (as described in Chapters 3 and 7) that will ease the burden of the social security system to some extent; however, it is not sufficient to increase the credibility of public financial policies in the medium and the long term. Private sector contributions and payments are in equilibrium with the exception of pensions of low- income retirees, representing about a third of the system's deficit. The other two-thirds comes from underfunding payments to public employees. Consequently, most of what is treated as a social security deficit is actually the hidden cost of public sector employment. The current system creates incentives for both the private and public sector that are incompatible with the objective of financial viability. In essence, the burden of financing social security is shifted from the beneficiaries to the general population, thus creating an intractable macroeconomic problem. There is now an opportunity for the system to undergo fundamental reform by following up on a similar attempt made in late 1992. As agreed with the Inter-American Development Bank, measures could aim at eventually making the system fully fundable. In the short and the medium term, recent changes such as using the average of the salary of the last five years (instead of three years) to determine benefits and raising the retirement age are steps in the right direction. [t is clear that any reform will very much depend on the commitment of the Congress to specific far-reaching changes. These include the manner in which social security liabilities are estimated, how beneficiaries are treated in all categories, and how the system is funded. These represent the basic decisions that will ultimately determine whether Uruguay can make the transition to a more competitive, modern, and dynamic economy. - 71 - 11.7 Fiscal Reform. The need to reform the tax system constitutes a complementary measure to social security reform. It would mean reducing the overall tax burden and putting taxes on a permanent basis. Temporary tax increases introduced to finance additional costs of the social security system lapsed at the end of 1992. The private sector must be convinced that their tax liabilities will not be increased in an ad hoc way in the future. This should encourage the necessary private investment and stimulate more private sector participation in a new competitive environment. There is scope to do this by restoring the principles of the tax system that were put in place during the 1973 tax reform. The present efforts to widen the tax base at lower rates, to combat evasion, and make the tax system more rational should continue. In the medium-term, a rational tax system that is neutral among activities is essential to make the economy more competitive. Fiscal reform should place more emphasis on reducing expenditures instead of raising revenues. The permanent reduction of the fiscal deficit will require expenditure cuts based on a thorough review of returns on expenditures. There is scope for this reform if it is done using at least a notional zero-based budget approach that examines the benefits a particular expenditure item secures for society--and whether that function can be better performed by the private sector. Many of the public services currently financed by the central budget can be privatized and a better return on that expenditure realized. Moreover, the size of the government could be streamlined and crucial functions improved. Deregulating a large part of the current trade, finance, and industrial regulation regimes can provide reasonable cost savings to the government. This measure by itself will increase government credibility when it formulates macroeconomic policy, as well as make the private sector tax burden more predictable. 11.8 Investment and Savings. There was a significant recovery in investment in 1992. It only affected construction and tourism. There is no evidence of any permanent shift in the investment function in the economy. Uruguay faces the challenge of emerging from a pattern of low growth, low investment, and high inflation. The clear medium-term challenge is for macroeconomic and incentive policies to help raise the level of investment in the economy. Investment rates in Uruguay are lower than in the past, lower than in neighboring countries as well as among countries whose comparators resemble Uruguay's (e.g., New Zealand). Underestimating of investment in the economy occurs because of current methods of estimating investment in the national accounts; even so, there is evidence that the economy has become decapitalized in some areas. Long years of protection that provided high rents on existing capital stock had a deleterious effect on new capital formation. Added to this was the macroeconomic uncertainty prevailing after the 1982 economic collapse. The aftermath to this included uncertainty with respect to the status of existing commercial bank debts carried in the balance sheets of many firms. In addition, there is uncertainty regarding tax liability and the economic rules of the game. 11.9 These uncertainties must be reduced before investment demand will increase. On the other hand, incentives to save must be increased by reducing inflation, eliminating laws that act against equity over debt, and reforming and privatizing state-owned financial institutions. Growth and productivity studies suggest that productivity must be increased, which will depend on incentive reforms. Along with the restoration of stability and the incentive reforms discussed - 72 - below, private investment can be stimulated by capital market reforms and the restoration of greater efficiency in the use of the infrastructure to reduce private sector costs of production and increase competitiveness in the economy. Foreign Trade Reform 11.10 Under the Lacalle Administration the scope and pace of trade reforms expanded. and intensified to a larger extent than under previous trade liberalization attempts. The development of private sector competitiveness in the world markets, however, will require a r1ajor restructuring of current domestic productive capacity. Investment would reed to shift .'rom inefficient import-competing production to exportable production. Economic reforms will need to be sustained to demonstrate the profitability of exportables, including trading services. The maintenance of current trade reforms over the next two years will be an important benchmark, since it would break Uruguay's historic cycle of gradual liberalization followed by trade policy reversals. In this context, MERCOSUR provides an important opportunity for intensifying trade reforms in Uruguay. However, regional markets should not be used to expand investment and production of exports that may have limited comparative advantage in non-MERCOSUR markets. Instead, Uruguay should use MERCOSUR to improve the international competitiveness of its private sector. 11.11 There are three areas in which Uruguay could make further progress in trade reform. The first is to increase reliance on price mechanisms and reduce the scope of discretionary actions. In this regard, the early elimination of the remaining reference prices in estimating tariffs should be considered. Uruguay could continue with tariff reforms to reduce tariff dispersion. Moreover, exporters need to operate in a regime close to international prices. Uruguay could also increase discipline in the use of non-tariff measures. Uruguay must maintain a policy stance to prevent anti-dumping and countervailing measures themselves becoming protectionist. There is thus a need to put the administration of the trade system on a more neutral institutional basis that would consider interests of both producers and consumers when determining changes in trade policy as well as in further negotiations of trade agreements within and outside MERCOSUR. 11.12 The second area is the continuation of PLADES in rationalizing administrative processes and deregulating trading in services and in the area of customs reform. Also, the role of BROU should be rationalized relative to import and trade facilitation at customs offices as well as ports of merchandise entry and exit. If the reforms recommended by PLADES are implemented, a significant part of the non-tariff barriers would be eliminated. This will not only reduce costs but also help to establish a direct relationship between relative prices at home and abroad, which, in turn, will improve resource use and make economic adjustment less painful. 11.13 A third area is revamping infrastructure to facilitate trade following the deregulation of port services and instituting customs reform. Exporters need ready access to purchases of raw materials, spare parts, technical services, marketing skills, freight, insurance, and transport - 73 - services. The reforms should center on improving port services by additional private concessions and increasing port capacity to handle a larger volume of trade. The Financial System Reforms 11.14 Uruguay poses a paradox of having substantial financial depth although its financial system is relatively underdeveloped given the limited availability of financial instruments and the small size of the equity market in relation to GDP--which is only 0.5%. In fact, Uruguay series as a financial intermediary for some countries in the region while playing only a modest role in its domestic financial market. The reform program underway, supported by the World Bank and the Inter-American Development Bank, is thus geared to: (a) strengthen the banking sector through better regulation and supervision; (b) restructure public banks; and (c) create conditions for the development of a securities and equities market. The remaining reform agenda should include the following elements: * Reduce the Intermediation Role of Public Sector Banks. This should include reducing and rationalizing the financial intermediation roles of BROU and BHU. BROU could be partitioned into several banks and eventually privatized. As long as public banks are allowed to lend directly, the problems of the subsidization and rationing of credit will continue (as well as high arrears). The monopoly of BHU on housing finance has to be eliminated. Also, laws that impede the securitization of mortgage loans need to be revised. * Repudiation of Forced Refinancing and Restriction of Implicit Deposit Insurance. Lenders and borrowers will need to be convinced that forced refinancing will not be used again. Moreover, the implicit deposit insurance provided by the government which has been reduced by the new Financial Intermediation Law should be altogether eliminated. Along with strengthening bank supervision and control, mechanisms should be developed to ensure that depositors make decisions based on assessment of risks and return on their investments. This requires an efficient system to make available reliable and comparable data about the financial health of the banks. * Clean-up Refinanced Firms. The trend of decreased credit to the private sector in a country that is an international financial center suggests a problem of credit demand as well as of supply. BROU should permit firms subject to refinancing to declare bankruptcy and thus eliminate bad loans from its portfolio. * Provide for Private Insurance Companies. The government has already prepared and submitted to Parliament the necessary legislation to carry out this reform. No decision has been taken as of January 1993. To speed the process, the government should prepare appropriate regulatory measures as well. - 74 - * Provision of Mortgages. The government should demonopolize the mortgage sector, allowing private provision of mortgages, and prepare appropriate regulatory measures. Regulatory Enviromnent Reform 11.15 The regulatory system in Uruguay leads to high costs for the private sector. Firms now have to spend from 1% to 3.5% of sales on direct and, especially, indirect regulatory requirements. Significant progress in reducing regulations has been achieved by PRONADE in eliminating unnecessary procedures for commercial and industrial activities. The rationale for the regulations should continue to be reevaluated and streamlined to reduce their number. At present, regulations p]ay a dual role as a protectionist mechanism and as an inefficient revenue- seeking device. The latter should be eliminated since there are more efficient ways to collect revenue. 11.16 There are nurnber of restrictions that constrain private firms in making their output and investment decisions. While the new Ley de Sociodades Anonimas has eliminated many of the earlier constraints, some still remain. The public character of the law makes corporate decision- making difficult, since many decisions need a 51% majority, even in internal decisions of the management of the corporation. Then there are limitations on the issue of debt: in some cases, there is a one-to-one requirement with equity. Similarly, there are barriers to exit from an industry in the abuse of the concordato (contractual requirement) which delays exit, awards seniority claims to labor over other shareholders, and insufficiently protects patents and copyrights. While the latter deficiencies are being addressed, there is scope for a reform that explicitly addresses the problems of the firm to provide efficient incentives in the law, giving better rights to investors and the managers of a firm's daily operations. 11. 17 Privatization and Demonopolization. The passage of the Public Enterprise Law allowed private sector participation in a number of state-run sectors. While the December 1992 referendum slowed the process, it has not legally or otherwise ended the process. The success of the port reform is an example of the benefits that could be captured. It will be necessary to divest ANCAP from peripheral operations such as cement, alcohol, and sugar. Since the sale of ANCAP might be a long-term goal, the sector should be demonopolized. This could be done through performance contracts and private sector concessions to raise the efficiency of water and sewage services (OSE), electricity (UTE), and railroads (ATE). Moreover, prospective natural gas distribution and transportation could be open to the private sector. The state should divest all peripheral operations, such as cement factories, hotels, print shops, and automobile repair shops. The Labor Market and the Social Security System 11.18 Labor costs are high in Uruguay in part due to the state of labor relations and the nature of the Social Security System. Labor conflict is incessant and pervasive. Improvements in labor practices and relations with management should increase employment, labor productivity, and - 75 - private enterprise growth. Also, given the cost, the frequency of collective agreements should be reduced once inflation is under control. To address the issue and consequences of labor/management conflict environment, efforts should be placed towards institutionalizing mechanisms to resolve disputes, such as arbitration, mediation, conciliation and private conflict resolution. These are cheaper and faster means to resolve dispute than going through the court system. 11.19 Vocational. Technical, and Business Training. Uruguay's comparative advantage in educational attainment should be exploited by concentrating on training and education at all levels. Curricula and concentrations need to be modernized, particularly in colleges and technical schools. Also, incentives to facilitate acquisition of labor force skills ought to be considered, since the role of human capital in enhancing output growth is axiomatic. To this end, educational and training expenditures should increase. 11.20 The Social Security system has other cost implications for the allocation of resources above and beyond those discussed above under the macroeconomic implications of the system. In addition to the recent reforms introduced in the system, a host of other reforms can be considered with the aim of making the system fully funded after an initial period of adjustment. The retirement age could be further increased from the present 55 to 65 years. The salary base for estimating benefits could be increased from the new 5-year average to beyond the 10-year average that has been recently adopted for implementation in another five years. All the privileges that are now granted to civil servants, political functionaries, the Armed Forces, and teachers could be eliminated and the system can be made more equitable. In addition, salary replacements can be reduced to about 60%, ceilings on pensions reintroduced, and adjustment of pensions to cost-of-living increases could be limited. Moreover, the administration of the system can be improved to reduce costs. Some estimates show that the same benefits could be paid by lower contributions based on improvements in administration and opportunities to invest the contributions outside government paper. Without bold reforms, the system will continue to raise costs and detract from the credibility of public policy. This policy should aim at meeting government obligations and at the same time provide an equitable and efficient system of social security for a population that has one of the highest life expectancies in the hemisphere. Tax Reforms 11.21 The private sector believes the level of taxes and the uncertainty of tax liabilities a major problem (chapter 8). In addition, the impact of taxes on vital parts of the economy and the presence of temporary taxes are also important issues. The ad hoc nature of the system is reflected in the numerous exonerations, exemptions, and discrimination of tax liabilities by activity, size of firm, ownership, and by financial instrument. These departures from neutrality give tax officials enormous discretion, encourage evasion, and raise the cost of tax adrninistration. 11.22 The tax reform of 1973 was a step in the right direction. The problems outlined above arose largely from not following the principles of that reform, especially in the areas of - 76 - neutrality and reduction of discretionary powers. This would improve allocative efficiency and also reduce uncertainty for private enterprises. Moreover, collections would increase with the adoption of lower and more homogeneous taxes and with the elimination of tax exonerations and stricter enforcement. At a very low cost, significant improvements in deterring tax evasion could be obtained. Increased remuneration of tax inspectors linked to performance and stiffer penalties for infractions can have a high payoff for tax collection. Success will facilitate lowering taxes and overall fiscal reform. A tax reform with these objectives would have to be part of a comprehensive effort to reduce government expenditures, and should include the following taxes and measures. * Value-added Tax (IVAJ. IVA should be reformed to make it neutral and increase its collections. Measures should include adopting one tax rate, eliminating all IVA exonerations, and streamlining IVA reimbursement to exporters to avoid inflation losses. * Taxes on Financial Transactions. These should be reformed by eliminating differential treatment of interest from bank credits and debentures in the calculation of the wealth and income tax and by eliminating the tax on banking assets (IMABA). X Income Tax. Reforms should make this tax more neutral. This could be done by applying the same rate to all profit-seeking activities, regardless of the size and legal personality of the firm and type of activity or product. * Industria]L Promotion Law. All incentives should be phased out. In the short-term, measures should be taken to make incentives more automatic than discretionary. The could be done by adoption of transparent criteria for granting tax exemptions or reduclions, clear limits on the length and extent of incentives, adoption of control measures to ensure that investments materialize, and calculation of the fiscal cost of all incentives. * Tax Administration and Control. The objective should be to increase tax collections through a more equitable tax system based on lower rates, which should lead to increased compliance. Additional measures, as proposed by the IMF, should include the expansion of the control system to include large taxpayers (CEDE), i.e., at least 20,000 taxpayers, the improvement of control and enforcement methods, including the application of sanctions to evaders, and improvement in dissemination of tax information. The Legal Framework 11.23 The legal framework in Uruguay is well established given its long period of democratic evolution. Despite this history, the legal system is deficient in a number of respects that have significant effects on the cost structure of the economy. These include high transactions costs, - 77 - the difficulty of writing efficient contracts, and weak enforcement--all of which imply uncertainty over property rights. In fact, any law passed by Congress can be rescinded based on a plebiscite conducted for the purpose, which requires only 25% of the population. The defeat of five laws relating to the privatization of ANTEL can be seen as a consequence of an unstable framework for determining property rights. 11.24 A second deficiency is the weak judicial system. The limited capacity of the judicial system to implement the law gives rise to the inadequate protection of transactions and contracts. Delays in the resolution of disputes, breaches of contracts and the lack of confidence in the professional capacity of the judicial system compound the problem of weak property rights. Moreover, the private sector believes that the system of enforcement is biased against them in labor disputes. This perception (valid or not) inhibits the private sector from entering into some contracts because of their doubts about enforcement. Unoccupied property has a 50% higher value than occupied property, which illustrates the difficulty of enforcing rental agreements. The private sector maintains that the legal system should allow entering into contracts, since that would increase the value of their sales by at least 10% above current levels. Moreover, as the number of transactions grows with the increased division of labor, especially due to increased trade, costs will begin to rise because of both the inability to enter into some types of contracts as well as weak enforcement of existing contracts. 11.25 A third deficiency relates to foreign investment. In Uruguay there are no de facto impediments to foreign investment. Indeed, it is an open economy where capital flows are concerned. Many foreigners hold deposits in Uruguay as a safe haven for their short-term capital away from the eyes of their own tax authorities given the very strictly enforced secrecy laws followed by Uruguay. Old laws still in effect place many restrictions on the movement of foreign investments, including de jure restrictions on the repatriation of dividends and capital; moreover, there is a legal provision requiring permission from monetary authorities to take capital out of Uruguay. The issue is one of rescinding anachronistic law and introducing those that reflect the reality of the current environment. The government is already examining a draft law that would provide a legal basis for the national treatment of foreign investment. Foreign investment is low in Uruguay; however, this is related to the high transaction costs of the economy and the narrowness of the market rather than the restrictions on the movement of investment capital. The above issues suggest a number of reforms. * Revise the company law to allow firms to exit from activities when they are unable to succeed. This implies a revision of the bankruptcy law. At the same time, give equal treatment of capital and labor by removing the abuse of the convention that allows technically bankrupt firms to remain in business and which gives labor priority in the settlement of disputes. * Revise the law to give boards of directors more leeway in making day-to-day decisions while protecting the rights of minority shareholders. In the present - 78 - corporate law, restrict the power of the board of directors to make decisions regarding the daily operations of the company due to the "public good" interpretation of the law. Make the new law compatible with similar laws in other MERCOSUR countries. * Give equal status to the treatment of equity and debentures and enact a law to permit mutual funds. Also clarify the law regarding the status of guarantees when debentures are transferred from one party to another. * Remove the central power prerogative to appoint all judges by supreme court approval and, in turn, provide incentives for well-trained lawyers to take up judicial positions by simplifying the career path for judges. Continue training new judges, especially in the areas of commercial and corporate law. * Amend lhe law with respect to movable property, permitting its use as collateral, and improve the legal process for recovery of debt and the enforcement of contracts by better recordkeeping, registries, and speeding up the hearing process, as embodied in the current recognition of oral arguments by courts. e Revise the foreign investment law to give legal status to current practice and thus de jure recognition of good practice and equal rights to foreign as well as domestic investors. e Enact antitrust and consumer protection legislation, using as a benchmark similar laws enacted in Argentina and Brazil. Infrastructure 11.26 The PSAS folnd one-third of the firms surveyed indicated infrastructure prevented them from filling orders orn schedule. Most problems arise with state-owned enterprises and on the operational side rather than from system deficiencies. Constraints relate to ports, highways, railroads, power, telecommunications, and the airline. 11.27 Port services have been privatized, with dramatic gains in productivity and port waiting has been cut in half. What remains is to provide norms for port services, use of infrastructure, and for expansion and investment by the private sector operators. The port authority (ANP) should consider limiting its role to regulator and relinquish its port service function. 11.28 In the short-term, highway system maintenance standards need to be raised. Current expenditures for this Ipurpose seem inadequate, given the age of the road system and the likely increased use following the expansion of trade within MERCOSUR. In the long-run, upgrading the highway system will be required by increasing the number of lanes of single-lane roads, adopting proper pricing policies to facilitate better use of road infrastructure and to generate revenues for expansion of the system by soliciting private sector participation for toll roads. In - 79 - this context, any large investment on road transport--such as the proposed bridge over the Rio de la Plata to link Uruguay with Argentina--must be subjected to a rigorous cost/benefit analysis. 11.29 The power sector is operated by UTE, which also operates a cement factory. The main issues are increasing power supply reliability and adopting pricing policies that lead to better allocation of power use and lead to private operators using additional generation capacity of the national grid. The short-term issue of increasing the reliability of supply is being addressed with World Bank support by shoring-up the two thermal plants and raising their generating capacity by nearly 1,000 megawatts. 11.30 The Telecommunications system is operated by ANTEL. The recent defeat of the privatization of telecommunications services has cast a shadow over the prospects for the sector. The main issue is service reliability: even though Uruguay has the highest telephone density in Latin America, the waiting time for telephones is over one year in Montevideo and longer outside the capital. The short-term agenda includes catering to peripheral markets, such as faxes and cellular services, and improving the price structure, which cross-subsidizes domestic at the expense of international services. The latter is crucial for increasing trade within MERCOSUR and the rest of the world. Meeting the Challenge 11.31 The above elements of a private sector development strategy involves short-, medium- and long-term measures. In a fundamental sense, the phasing of these measures will depend on the political factors. This is why there is a need to reach an early consensus on a private sector development strategy and implement the strategy in a well-phased manner. The private sector personnel who were interviewed in connection with this report expressed their willingness to face up to the inevitable challenge of living with more competition than in the past and undertaking the crucial investment decisions that go with it. With a well-established strategy, Uruguay can become a more dynamic and high growth economy during the rest of this decade. It is a challenge that is worth taking. ANNEX 1 -83- Uruguay: Private Sector Assessment Survey Survey Objectives Firm-level surveys are used as part of private sector assessments to understand the experience of private entrepreneurs with a country's business environment. Such surveys add a unique firm perspective to traditional information sources on PSD. They also provide insights on how institutions and policies work in practice, and facilitate the measurement of costs incurred by firms from regulations and other constraints. As the World Bank expands its use of standard survey questions in more countries, a basis for imaldng international comparisons will emerge about the relative effects of constraints on PSD and actual costs to these businesses. The Sample The survey, administered co 154 firms, was designed to highlight constraints on the operation and growth of Uruguayan private enterprises. The original sample design was stratified into four sectoral and three size categories. Within each size/sector stratum, firms were selected randomly. Overall, the sample was to be proportional to the distribution of firms in the entire population, subject to a minimum of 17 firms in each size/sector stratum, with at least that many firms in the population. In reality, this distribution could not be obtained given (a) the absence of a sufficient number of firms in the population for some strata, (b) differential rejection rates across strata, and (c) logistical difficulties in arranging interviews. The World Bank/CERES' sample,'on which this analysis is based, includes 147 enterprises (see figure 1), of which about 20% are large (having 200 or more full time employees), with the remainder divided almost evenly between medium-size firms (with 50-199 full time employees) and small firms (fewer than 50 employees). In the survey, Manufacturing comprises the largest sub-sample (48.3%), followed by Commerce (25.2%), Services (13.6%), and Transportation and Warehousing (12.9%). About three-quarters of the interviews Figure 1 Composition of Uruguayan Private Sector Sample Breakdown by Size Breakdown by Sector (by number of fuDl-time employees) Swvio 13.6t LwtmMq IhA& a A _4J 25.34- _ -% were conducted in Montevideo (where the preponderance of non-agricultural economic activity takes place), while the remainder were conducted in the interior. Nineteen of the responding firms I The survey, conducted in September 1992 by CERES, was designed jointly by LATTF and CECPS, and modified by CERES. Sample design and pretesting was carried out by CE3RES with Bank cooperation. The survey contained 91 questions (some multi-part and took about 1'h hours to complete. The analysis and annex was prepared by Andrew Stone, PSDEP. -84- identified themselves as being engaged in agro-industry, although not all were in manufacturing. The high average age of firms in the sample (36 years, see Table 1) suggests either rather limited economic dynamism with substantial barriers to entry or a biased sample, based as it was, on official business census dlata.2 Table 1: Characteristics of Uruguay Sample, Overall and By Size Size Age Full time Part-time Casuals % of Firms in Employees Employees Workers Agro-Industry Large 52 399.93 0.83 56.25 21 Medium 36 81.97 1.85 8.19 12 Small 27 22.72 2.35 5.53 8 Overall 36 121.86 1.85 16.38 12 General Constraints Macroeconomic policy dominates the concerns of private businesses. The high level of taxes and policy instability overshadow other concerns in firms' identification of obstacles to operation and growth (see figure 2). Inflation is perceived as a moderate constraint by all classes of firms.3 Issues pertaining to procurement and sales, finance, the judicial system4 and general regulations form a separate tier. Finally, issues pertaining to the regulation and cost of labor, infrastructure, technology and production, and business services appear to be minor concerns of the sample, although there are distinct sub-samples and for whom these comprise more important constraints. Furthermore, responses to constraints suggest that the continuity of costly labor regulations may have muted responses, as the constraint scores indicate: labor regulations are identified as a significant constraint to flexibility of firms (in the context of retrenchment) and as a substantial basis for informal competition. Large firms generally saw their problems as more serious than did other firms, and they put macroeconomic constraints (including inflation) well ahead of others. Despite lower overall constraint responses, small- and medium-size firms reported lower levels of capacity utilization than large firms (54.4%, 62.8%, and 72.5% for small, medium and large, respectively). Small firms, in particular, attributed current problems to lack of demand (see procurement and sales, below). Of the four sectors, transport and storage firms identify themselves as the most constrained, and identify three leading constraints as high taxes, instability, and inflation. By location, firms in the interior find themselves substantially more constrained by regulations and finance (both cost and availability) than those in Montevideo--these constraints outrank inflation as a 2 This avera e is influenced by the presence of a number of very old firms included in the sample (some dating back to the mid-1800s). Even so, only 15% of the sample began operations after 1982. 3 Uruguayan responses were relatively muted, avoiding extremes in the range of response compared to other countries. xs could be interpreted as either a cultural difference in interpretation of the ranking descriptions (e.g. 'moderate,' "major," or "severe" obstacle), or an objectively superior environment for business. In either case, in relative terms, a mean swore of "3" reflects a major concern, and is surprisingly rare among the responses. 4 The survey did not lpose detailed questions about the effect of the legal environment or conflict-resolution mechanisms. A separate legal study, camed out under the supervision of CERES, is discussed in the main report. -85- concern (see figure 3). Finally, exporting firms rank a broad variety of constraints higher than other firms, led by inflation. Figure 2 Uruguay General Constraints to Operations and Growth Uguay- GaEd CwuxulMa to Opm*m &Wd Cowdh mprebJ*u~ ~~~ finns)li 1 2 3 4 5 High laval of taxe + II Policy lI-tabilityj Inflai Pfowmawand sale Jucicial = -s'a~~lAot Tedmtology & P-o]duce Bwiusia sv,cf (by size) 2 3 4 High level Of taxe Polcy 1-tabiliy Bnfal =i= P & C ~~~~~~~~................ ... ......,S PrOCtiuu.t & sales Judicia System Regulatio Labor Technology & production Busines Sav~ices U Large F1mediumE IlsSmal -86- Figure 3: General Constraints to PSD by Location High level of taxe Policy Uncer ai t 1 . _ _ _1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1_i_ _ _. _ _ _ _ _ _ _ _ Inflation Procuremen &Sa __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Judical Systam Reglton Labor Union Relations & Prducton Busins services l I I II o 0.5 1 1.5 2 2.5 3 3.5 4 * Motevideo C: dior Table 2: Constraints to Procurement and Sales (by size) Demand Export Raw Raw Licenses Customs Raw Permits Material Material to Sell Material Availability Price Imports Delivery Large 2.93 1.72 1.72 2.21 1.17 1.84 1.62 Medium 2.80 1.45 1.54 2.24 1.28 1.60 1.49 Small 3.36 1.26 1.34 2.02 1.08 1.49 1.61 Overall 3.05 1.43 1.50 2.14 1.18 1.61 1.57 Procurement. Sales. and International Trade Firms generally identified modest constraints in procurement and sales, led by concern about inadequate demand (see Table 2). Small firms, in particular, felt the pinch of inadequate demand. Large firms identified themselves as somewhat more constrained than other firms by lack of export market information, inadequate energy supply and lack of qualified technicians and workers than small and medium-size firms, however, the average score of their responses was only 2.3--a minor constraint. -87- Table 3: Origins of Inputs and Duties Inputs: Inputs: Inputs: Rest Inputs: Duty as % oflDuty + other Markup as % Domestic Argentina of Latin Rest of Cost of Costs as % of Cost of Market & Brazil America World Principal of Import Principal Import Cost Import Large 62.6 25.7 2.9 9.0 9.6 13.2 2.6 Medium 61.0 20.9 2.8 15.4 13.6 19.6 6.0 Small 60.1 16.2 4.1 20.3 13.4 22.0 8.6 Overall 61.0 20.2 3.3 16.0 12.4 18.4 6.0 The sampled firms import an average of 40% of their inputs and export about 21% of their outputs. Interestingly, while firms trade heavily with Argentina and Brazil and other non-Latin American countries (such as the US and Western Europe), there is relatively little trade between Uruguay and the rest of Latin America. While imports from Argentina and Brazil increase with firm size, imports from outside Latin America decline (see Table 3). Yet, on the export side (see Table 4), large firms are clearly first in all export categories (32% of production). The net effect is that while small firms import some 20% of inputs from outside Latin America, only 2% of their production is exported there. The tendency of small firms to import from beyond their immediate locale may contribute to the finding that the incidence of duties is regressive with regard to firm size. Perhaps due to trade agreements with Brazil and Argentina, small firms pay a higher percentage of import costs in duty (22% for small versus 20% for medium-size and 13% for large firms). This effect may also be indicative of certain economies of scale in dealing with customs and importation. Nonetheless, small firms identify import and export regulations as no more than minor constraints. Table 4: Destination of Production % of Total Output Sold in Exports to Exports to Rest Exports to Rest of Output Domestic Market Argentina and of Latin America World Brazil Large 68.41 11.25 0.63 19.59 Medium 77.63 6.38 0.20 16.02 Small 84.91 4.07 1.95 8.91 Overall 78.71 6.41 0.99 13.85 -88- Table 5: Finance Constraints, by Firm Size Guarantee Documents Interest Deposit Contacts Investment Other Access to Access Requirements Supplier Credit Large 2.12 1.81 2.86 1.69 1.52 1.76 1.52 1.24 Medium 2.21 1.52 2.96 1.57 1.66 1.41 1.19 1.31 Small 2.29 1.40 3.13 1.68 1.46 1.31 1.25 1.08 Overall 2.22 1.53 3.01 1.64 1.55 1.44 1.28 1.21 Finance Respondents rank financial constraints as no more than a moderate obstacle to growth, led by (globally recurring) objecition to the level of interest rates. The interest rate and collateral constraints (see table 5), which led all others in the finance category, show no dramatic variation by firm size, suggesting that even small firms have reasonable access to commercial credit. This is confirmed by examining the sources of credit relied on by firms: each size class of firms relies heavily on commercial banks for new investment and working capital (see table 6). Table 6: Sources of Finance by Size (percent) Financial Internal Commercial Other Foreign Friends & Suppliers Other Other Sources Structure Sources Banks Financial Sources Family Businesses Institutions Large 56.3 23.9 1.4 3.6 0.0 11.3 i.8 1.8 Medium 67.1 19.9 0.2 2.6 2.1 6.3 0.7 1.0 Small 78.2 11.2 1.1 3.1 1.5 3.5 0.9 0.4 Overall 69.5 17.1 0.8 3.0 1.4 6.2 1.0 0.9 Investment Internal Commercial Other Foreign Informal Suppliers Other Other Sources Sources Banks Financial Sources Sources Businesses Institutions Large 30.9 38.7 2.8 11.5 2.8 6.0 0.5 6.9 00 Medium 44.0 40.5 3.0 8.5 1.3 1.8 1.0 0.0 Small 45.9 39.1 4.5 3.1 1.2 6.4 0.0 0.0 Overall 42.0 39.5 3.6 6.9 1.5 4.5 0.5 1.4 Working Internal Commercial Other Foreign Friends & Suppliers Other Other Sources Capital Sources Banks Financial Sources Family Businesses Institutions Large 31.0 51.2 2.5 0.5 1.0 9.9 3.9 0.0 Medium 44.4 40.9 2.3 1.6 5.2 5.6 0.0 0.0 Small 46.9 36.9 1.9 3.9 1.4 5.8 3.2 0.0 Overall 42.9 41.3 2.2 2.3 2.1 6.5 2.1 0.0 Note: Figures are unreconciled averages of midpoint of respoonse interval, hence, figures may not add up to 100%. Informal sources is the sum of the categories: "Friends and Family" and "Moneylenders." -90- Nonetheless, small and medium-size firms rely more heavily on internal sources of finance (retained earnings) for both investment and working capital, while larger firms can turn more to external sources. As firms grow, they are able to rely more on foreign sources for investment capital total finance for large firms--up toll .5% of total finance.5 For working capital, large firms anticipate drawing much more heavily on commercial banks and suppliers than do their smaller peers.6 TaLble 7: General Regulatory Constraints by Sector Number Cost of Obtaining Import Export Labor Union Tax Investment Competition of Permits Licenses/ Regulation Regulation Regulation Regulation Regulation Regulation Law Permits l'ermits Manufacturing 2.32 2.09 1.52 1.86 1.63 2.29 2.32 2.76 1.91 1.30 Transport! 2.79 2.42 1.84 2.11 2.05 3.00 1.95 3.42 2.32 1.00 Warehousing Services 1.83 1.30 1.45 1.75 1.20 1.55 1.05 2.73 1.50 1.30 Commerce 2.35 2.05 1.78 1.76 1.41 2.28 1.92 2.96 2.16 1.47 Overall 2.32 2.01 1.62 1.85 1.57 2.28 2.00 2.89 1.97 1.30 Regulations: General Constraints Regulatory constraints suggest that tax regulations are the most prominent of the constraints faced by firms, regarded as a moderate constraint by each size class and sector (see figure 4 and table 7). Yet, entrepreneurs and senior managers, particularly those in large firms, are spending a substantial amount, an average of 9%, dealing with government regulations. This compares favorably with Brazil where around 14% of entrepreneurial time is spent on these activities, but unfavorably to Chile where the average is only 7%. Firms are also modestly bothered by the number of permits required to do business. Though it is only transport firms and those that export more than 20% of their production, that regard this as a moderate constrain (see discussion of exporters, below). These firms are also more constrained by the cost of licenses. Overall, this suggests that licenses associated with international trade are burdensome. While firms in the interior identify regulations as generally more constraining than firms in Montevideo, their specific constraint responses are quite similar. However, interior firms appear to have to spend substantially more time (40% more per license) and money (totalling 21% more) obtaining business licenses than those in Montevideo. 5 A similar connection exists between exports and reliance on foreign sources of finance -- so this may simply reflect the correlation between size and propensity to export: larger firms access foreign sources of finance through their trading relationships. There is some indication, however, that larger firms have greater access to foreign finance independent of their trading practices. This may demand econometric examination. 6 If one compares these data to a similar study of Mexican firms, one might conclude that equity capital markets function poorly or interest rates are repressed or subsidized in Uruguay. Mexican large firms rely more on 'internal finance'. due to the cost advantage of eauitv over bank finance. -91- Table 8: Constraints to Closing an Enterprise by Size % Ever Close an EnterpriseGovt. Regulations Legal Process, Problems Cost of on Asset Trans. Bankruptcy or with Labor Laying off Liquidation Unions Workers Large 15 3.32 3.17 3.46 3.46 Medium 12 2.38 2.36 2.44 3.23 Small 14 2.35 2.12 2.61 3.27 Overall 14 2.57 2.44 2.71 3.29 Figure 4 General Regulatory Constraints to PSD Compedtion law Expot regula.ions Obtaning licenses Import regulafions Jinvestnmt reguladons Union restricitions ._............ ..l l l ............... Cot of peraits Labor regul s ..io Number of permits Tax Reguladons _ _ 0 0.5 1 1.5 2 2.5 3 3.5 X Large U Medium rO Small Overall Licenses and Permits: Entry and Operation Both the cost and number of licenses required by businesses to start and to continue operations appear substantial. Data on new entrants were thin but suggest that new businesses require multiple licenses, that take an average of about 30 weeks to obtain, and formal costs are in excess of US$2,000 to register. (This compares to a time of six weeks and a cost of US$640 for garnnent firms in neighboring Brazil, which has a relatively complex formal regulatory environment but efficient informal mechanisms for coping with it.) This suggests substantial barriers to entry, hence, protection to incumbent firms from domestic competition. Annual licensing costs vary substantially within firm size and sectoral categories - suggesting that similar firms may not be treated alike. However, both formal licensing costs and the number of regular licenses required of firms correlate positively and significantly with the percentage of a firm's sales that are exported, -92- (respectively, r = 0.20 and r = 0.31, significant at the 1% level)." Surprisingly, neither correlates to firm size (as measured lby fulltime employees). Labor Regulation Although labor regulation appears as no more than a minor constraint overall (Figure 4), labor regulation and union restrictions are distinctly constraining to large firms and in the context of flexibility and exit. First, large firms find both labor regulations and union restriction as constraining as tax regulations - the leading regulatory constrain for all firns (Figure 4). Second, all firms regard the high cost of laying off a worker a moderate to major constrain to temporarily reducing their labor force or permanently closing their enterprises (see figure 5 and Table 8). These high costs may be interpreted not only as constraints to reduction and exit but symmetrically as disincentives to growth and entry. Large firms also identify labor union restrictions as a moderate constraint both to retrenchment and closure. A third indication of the costs of labor regulation appears in constraints concerning informal competition. Regulation and Informal Figure 5 Uruguay: Labor Regulations Competition Problems of Temporary Reduction Fully 73 % of firms face some difficulty with informal competition (see Table 9). Firms regard competitors' evasion of High f cost of taxes as a leading problem in this layoffs regard, indicating the burden imposed by taxes and tax bureaucracy (as well as the competitive disadvantages of full Government compliance).' Yet, evasion of labor regulations and social security payments rank equally as major constraints. Hence, . although firms do not strongly Uni ue object to the day to day costs of labor regulation, they are terribly concerned about the advantage 0 0.5 1 1.5 2 2.5 3 3.5 4 accruing to competitors who evade Medum U Sma Oveal them. 9 ILargc ' Correlation analysis suggests that his is a function of export regulation,not imports. In fact, the perception of import licensing as a constrain is negatively correlated with film exports (r=.14 significant at the 5% level). s According to CERES data, Uruguay, with the highest tax rate in Latin America, suffers from substantial tax evasion. Leading among the evaded taxes are contributions to social security where evasion amounts to as much as 30 % of collection and the value added tax where estimates indicate a similar evasion rate. Needless to say, high marginal tax rates and evasion can create a vicious circle that erodes the tax base and poses an untenable burden on law-abiding firms. ' This could reflect either the fact that they are accustomed to these costs, or, that they believe these costs are entirely legitimate and would simply like them imposed on their informal competitors. -93- Table 9: Constraints of Informal Competition % With Evasion of Don't pay Sell below Sell below Evade labor Problems of taxes duties, international costs regulations Informal observe trade prices social security Competition regulations Large 69 3.92 2.84 2.18 2.28 3.95 Medium 78 3.74 2.89 2.02 2.58 3.79 Small 70 3.56 3.28 2.16 2.18 3.39 Overall 73 3.70 3.03 2.10 2.37 3.67 Exporters Exporters form a group of special interest, due to their vital role in economic growth and generation of foreign exchange. the group of firms that export at least 20% of their sales were compared to lesser exporters to identify their special needs. This sample of 39 firms average twice the size of their counterparts (in full time employees) and export an average of over 70% of their production, versus just over 2 % for the other group. They appear to be suffering from global downturn: they are operating at a mean capacity utilization rate"0 of 57.6% , compared to 62.3 % for their domestically-oriented counterparts. Exporters identify themselves as substantially more constrained by inflation and somewhat more constrained by the level of taxes, by finance and by policy uncertainty that other firms. In one important aspect of regulation, exporters appear more constrained that other firms. Disproportionate to their size, they require nearly seven times as many permits and bear annual costs far in excess of other firms. Hence, their proprietors spend 11 % of their time contending with regulation, versus 8% for other firms (although they expend less of their employees' time on regulatory compliance than other firms). Thus, it is not surprising that they identify both the number of permits required and their cost as moderate constraints, just behind tax regulations. Exporters find problems of electric power supply a moderate constraint (2.59% versus 2.16% for non-exporters). While exporters consider ports a minor constraint they still consider them substantially more constraining than do non-exporters (2.26% versus 1.64%)". Infrastructure Infrastructure constraints, led by electric power supply, pose no more than moderate constraints for the full sample and for each size class (Table 10). Nonetheless, one third of firms report that infrastructure problems impede their meeting orders on time. By sector, manufacturing firms identify shortages of electricity as a moderate constraint - 2.64%, but all other constraints rank as minor. Transport firms assign a higher, although still minor, score to reads and ports than do other firms and fully 44% reported difficulties in meeting commitments due to infrastructure 0 Not weighted by value of production. 1 The port of Montevideo might appear as a more serious constraint were there not readily available substitutes including the port of Buenos Aires and land transit through Argentina and Brazil. -94- problems. Firms in the interior identify substantially higher problems with roads than those in Montevideo - 2.49% versus 1.50%. Other survey data indicate that firms in the interior wait three times as long for a new phone connection, 90 vs 29 weeks, suffer twice the weeks without telephone service, 3.5 weeks per year, and are more likely to find themselves lacking in desired telecommunications services 32% of interior firms vs 14% of firms in Montevideo. Table 10: Infrastructure Constraints by Size Access to Electricity Voltage Telecom Water Sewage & Solid External Quality of Railroad Ports Land shortages Fluctuation Problem Supply Waste Wastel Transport Roads Water Garbage Services Large 1.52 2.38 2.02 1.90 1.76 1.69 1.90 1.34 1.83 1.41 2.10 Medium 1.55 2.17 2.13 1.53 1.24 1.28 1.52 1.21 1.91 1.31 1.91 Small 2.05 2.33 1.63 1.48 1.22 1.29 1.21 1.34 1.54 1.50 1.55 Overall 1.74 2.28 1.91 1.58 1.34 1.37 1.47 1.29 1.74 1.41 1.80 Conclusions The survey demonstrates that businesses place lowering taxes and assuring policy stability at the forefront of the reform agenda.'2 High tax rates impose direct costs, added compliance costs associated with their regulatory requirements, and place a severe burden on firms facing growing informal competition. Marginal rates may have already reached a point where they are reducing compliance, hence where ;Lower rates could well broaden the formal tax base. Evidently, total tax receipts cannot responsibly be reduced without commensurate reductions in public expenditures. Policy instability and inflation which can reduce the security of property rights and contracts especially constrain exporters - a group critical to Uruguay's future prosperity. While much of this instability is imported from Uruguay's immediate neighbors, macropolicy must still give these concerns top priority. Permits related to trade appear to be at the heart of a regulatory structure that further penalizes exporters, in particular those reaching markets outside on the MERCOSUR group."3 At a time when dependency on neighboring markets appears to increase economic instability, such strong disincentives towards trade diversification appear especially inappropriate. As more general macro-constraints are relieved, secondary constraints will come to the fore. For example, while the sample firms identified finance constraints overall as minor, the interest rate was perceived as relatively strong, particularly for small firms. As the climate for growth improves, it will be important to determine if this ranking reflects some structural flaw in credit markets, or merely the reflection of risk in well functioning markets. In addition, under conditions 12 In neighboring Brazil businesses surveyed in two sectors, garment and machine toll manufacturing, place similar emphasis on the macro-constraints of political and policy uncertainty and high taxes. Not surprismgly, inflation as rated as a stronger constraint than in Uruguay, as did labor regulations. However, constraints relating to legal proceedings (e.g. contract renegotiation, payment arrears) ranked at the bottom in Brazil, yet, were in the middle m Uruguay. Perhaps due to a greater sense of urgency, perhaps to cultural differences, Brazilian entrepreneurs were far more ready to rank a constraint as severe or major than were their Uruguayan counterparts, hence average scores were ligher. 1" CERES analysis indlicates that licensing costs for those exporting with MERCOSUR (including Brazil, Argentina and Paraguay) are actually lower than for producers for the domestic market, while those exporting beyond the immediate region face costs of five to six times higher. -95- of an improved macro-environment, perceived limitations on entry, flexibility of operation (e.g. through retrenchment), or exit (as well as the absence of control of anti-competitive practices) will undoubtedly emerge as far from serious. Finally, relatively moderate infrastructure constraints are likely to intensify unless adequate attention is given to ensuring a stable power supply for all, and improved roads and telecommunications services to the interior. ADDITIONAL SURVEY TABLES -99- Registration No. of permits Cost of permits to begin to begin Weeks to begin Total Cost to begin 7.50 3428.33 29.56 2165.00 15 10 18 11 No. of permits Cost of permits Weeks to Total cost to to begin to begin register register Small 7.00 7194.38 34.68 2295.00 (Adequate data available only for small firms - note high age of sample firms.) Regulatory Costs of Operation-Permits Regular Special Cost of Hours/ % Using an Total annual permits permits Permits permit intermediary cost of permits Large 82.52 113.22 167,997.50 90.45 26 278,928.57 Medium 287.11 264.72 11,311.33 33.00 46 60,368.38 Small 115.66 28.62 1,868.51 25.95 31 5,003.06 Overall 176.50 131.95 44290.45 42.44 36 91,762.80 Cost of Regulation: Outside Help, Inside Time % of % Using Cost of auditor % Using proprietor's Employees auditor lawyer Cost of lawyer time time Large 63 4735.29 78 2916.67 12.70 212.35 Medium 71 2086.33 61 764.52 10.32 44.74 Small 68 988.50 52 461.04 5.58 23.12 Overall 68 2098.11 1.40 1322.04 8.92 68.43 -100- Constraints to Closing an Enterprise Legal proc., % Ever close Govt. regs. bankruptcy or Problems with Cost of laying off an enterprise on asset transfer liquidation labor syndicates workers Large 15 3.32 3.17 3.46 3.46 Medium 12 2.38 2.36 2.44 3.23 Small 14 2.35 2.12 2.61 3.27 Overall 14 2.57 2.44 2.71 3.29 Labor Regulations: Problems of Temproary Reduction Syndicate rules' Government rules' High financial cost of layoffs Large 3.34 2.21 3.21 Medium 2.58 2.36 3.58 Small 2.02 2.35 3.36 Overall 2.50 2.33 3.42 Informal Competition: Constraints % with problems of Don't pay Sell below Evade labor informal Evasion of duties, observe international Sell below regulations, competition taxes trade regs. prices cost social security Large 69 3.92 2.84 2.18 2.28 3.95 Medium 78 3.74 2.89 2.02 2.58 3.79 Small 70 3.56 3.28 2.16 2.18 3.39 Overall 63 3.70 3.03 2.10 2.37 3.67 -101- Overall Regulatory Constraints Cost of Obtaining Import Labor Export Union Tax Investment Competition No. of permits permits licenses regs. Regs regs. regs. regs. regs. regs. Large 2.66 2.38 1.93 2.45 3.05 2.14 3.05 3.07 2.21 1.61 Medium 2.36 2.16 1.64 1.71 2.22 1.47 2.09 2.97 2.16 1.25 Small 2.13 1.71 1.46 1.71 1.97 1.40 1.42 2.74 1.68 1.22 Overall 2.32 2.01 1.62 1.85 2.28 1.57 2.00 2.89 1.97 1.30 Infrastructure Constraints Sewage & Solid External Access to Electricity Voltage Telecom Water waste waste/ transport Quality land shortages fluctuations problems supply water garbage services of Roads Trains Port Large 1.52 2.38 2.02 1.90 1.76 1.69 1.90 1.34 1.83 1.41 2.10 Medium 1.55 2.17 2.13 1.53 1.24 1.28 1.52 1.21 1.91 1.31 1.91 Small 2.05 2.33 1.48 1.22 1.29 1.29 1.21 1.34 1.54 1.50 1.55 Overall 1.74 1.91 1.58 1.34 1.37 1.37 1.47 1.29 1.74 1.41 1.80 Finance Constraints Access to Investment Other supplier Guarantee Documents Interest Deposit Contacts access requirements credit Large 2.12 1.81 2.86 1.69 1.52 1.76 1.52 1.24 Medium 2.21 1.52 2.96 1.57 1.66 1.41 1.19 1.31 Small 2.29 1.40 3.13 1.68 1.46 1.31 1.25 1.08 Overall 2.22 1.53 3.01 1.64 1.55 1.44 1.28 1.21 -102- Technology and Production Constraints Repair & Energy Lack of Meeting Conflict of Filling Qualified maintenance supply technical quality quality orders on technicans/ services shortage information standards standards time workers Large 1.7:3 2.31 1.69 2.15 1.88 2.13 2.31 Medium 1.54 1.95 1.43 2.16 1.53 1.84 2.30 Small 1.517 1.90 1.36 1.67 1.24 1.67 2.05 Overall 1.59 2.01 1.46 1.98 1.50 1.84 2.21 Business Services (A) keeping % using % having % w/ medical % w/ workers' balance external assistance accounts 9i wl insurance, pension accident sheets for (A) certified insurance for employees insurance Large 100 19 60 100 64 12 Medium 100 40 71 100 42 14 Small 97 47 68 95 32 05 Overall 99 39 68 98 42 10 Business Services Constraints Lack of Lack of quality Lack of Lack of Lack of Lack of Lack of qualified control and management domestic market export market info on suitable insurance accounting measurement consultant info info inputs services services Large 1.78 1.59 1.87 2.30 1.37 1.52 1.15 Medium 1.71 1.46 1.65 1.89 1.48 1.57 1.07 Small 1.58 1.20 1.75 1.33 1.36 1.40 1.04 Overall 1.67 1.38 1.73 1.75 1.41 1.49 1.07 General Constraints High Technology level Procurement & Business Policy Judicial of & sales production Finance Regulation Labor services Infrastructure Inflation instability system taxes Large 2.89 2.50 2.64 2.14 2.46 1.61 2.32 3.16 3.38 2.14 3.93 Medium 2.66 1.81 2.42 2.11 2.00 1.54 1.75 2.82 3.57 2.50 3.71 Small 2.38 1.52 2.34 2.34 1.39 1.38 1.69 2.84 3.45 2.15 3.76 Overall 2.59 1.83 2.43 2.21 1.84 1.49 1.84 2.90 3.48 2.29 3.77 APPENDIX TABLES - 105 - TABLE Al.l: URUGUAY: NATIONAL ACCOUNTS SUMMARY AT CONSTANT 1983 PRICES 1980-1992 (Percent of GDP) 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992" Imports of GNFS 27.8 27.7 26.5 23.6 20.4 19.9 23.7 25.4 25.4 25.4 25.5 29.2 33.4 Exports of GNFS 19.3 20.1 20.0 25.7 25.5 26.7 27.3 23.2 25.3 27.6 30.8 29.7 28.9 Resource balance -8.6 -7.5 -6.5 2.1 5.1 6.8 3.7 -2.2 -0.1 2.1 5.3 0.5 4.4 Total Expenditures 108.6 107.5 106.5 97.9 94.9 93.2 96.3 102.2 100.1 97.9 94.7 99.5 104.4 Total consumrrption, etc. 83.8 85.3 86.4 83.7 82.9 82.6 84.9 89.7 88.5 87.4 84.4 87.2 91.8 General government 11.7 12.4 13.4 14.5 14.7 14.7 14.7 14.4 14.0 14.1 14.2 14.0 13.7 Private, etc. 72.0 72.9 72.9 69.1 68.2 67.9 70.2 75.3 74.4 73.4 70.1 73.2 78.1 Gross domestic investment 24.8 22.3 20.2 14.2 12.0 10.6 11.4 12.5 11.6 10.4 10.4 12.3 12.6 GDFI 24.2 22.6 20.8 13.7 10.7 8.4 8.7 10.3 10.8 10.6 9.3 10.6 11.5 Private Sector 18.7 17.4 13.5 8.6 6.2 5.2 5.2 6.4 6.8 6.4 6.6 7.0 9.0 Changes in Stocks 0.6 -0.3 -0.6 0.5 1.3 2.2 2.7 2.2 0.9 -0.1 1.0 1.7 1.1 Gross domestic saving 17.5 16.7 15.6 16.3 17.0 15.9 18.4 15.8 17.8 18.8 18.0 16.7 12.9 Net factor income -1.0 -0.7 -2.1 -5.6 -0.7 -6.5 -5.8 -6.1 -6.3 -6.7 -5.9 -4.1 -3.1 Gross national saving 16.5 16.0 NA NA NA NA NA 9.6 11.5 12.1 12.2 12.6 9.8 Net Indirect Taxes 14.1 13.9 13.2 NA NA NA NA NA NA NA NA NA NA Gross natiomld product 99.0 99.3 97.9 94.4 99.3 93.5 94.2 93.9 93.7 93.4 94.3 96.6 94.8 Capacity to i,mpost 20.5 22.1 21.9 25.7 25.4 25.3 30.6 28.6 31.6 33.8 33.2 33.6 33.7 Terms of trade adjustment 1.3 2.0 2.0 0.0 -0.1 -1.4 3.3 5.4 6.3 6.2 2.4 3.9 4.7 Gross domestic income 101.3 102.0 102.0 100.0 99.9 98.6 103.3 105.4 106.3 106.2 102.4 103.9 104.7 Gross national income 100.2 101.3 99.9 94.3 99.1 92.1 97.5 99.3 100.0 99.5 96.5 99.8 101.6 1/ Preliminary. NA Not Available. Note: Net Factor Income in USS was taken from BOP and transformed into Current NUS using the average exchange rate calculated by the Central Bank. Source: Central Bank of Uruguay. - 106- TABLE A1.2: URUGUAY: NATIONAL ACCOUNTS SUMMARY AT CURRENT PRICES 1980-1992 (Pect of GDP) 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 19921: Imports of GNFS 21.1 19.0 17.3 23.6 21.4 21.1 20.3 19.2 19.2 19.2 20.1 20.2 21.3 Exports of GNFS 15.6 15.2 14.3 25.7 26.6 26.8 26.2 21.6 23.8 25.4 26.2 23.2 21.5 Resource balance -5.5 -3.8 -3.0 2.1 5.2 5.7 5.9 2.4 4.7 6.3 6.0 3.0 0.2 Total Expenditures 105.5 103.8 103.0 97.9 94.8 94.4 94.1 97.6 95.3 93.7 94.0 97.0 99.8 Total consumption, etc. 81.3 82.4 83.2 83.6 82.7 83.0 82.9 83.3 82.1 82.4 83.0 84.2 87.0 General government 12.7 14.4 15.7 14.5 13.6 14.4 14.3 13.2 13.2 13.4 13.9 13.8 13.7 Private, etc. 68.6 68.0 67.5 69.1 69.1 68.5 68.5 70.0 69.0 69.1 69.1 70.4 73.3 Gross domestic investment 24.2 21.4 19.8 14.3 12.1 11.4 11.2 14.3 13.2 11.3 11.0 12.8 12.8 GDFI 23.6 21.7 20.4 13.7 11.0 9.6 9.9 11.4 11.9 11.6 10.8 11.3 12.1 Nonfinancial Pub. Sector 5.5 5.2 7.3 5.1 4.5 3.5 3.7 4.0 4.0 4.3 3.1 3.8 2.8 Private Sector 18.1 16.6 13.2 8.6 6.5 6.1 6.2 7.4 7.9 7.2 7.7 7.5 9.3 Changes in Stocks 0.6 -0.3 -0.6 0.6 1.2 1.7 1.3 2.9 1.3 -0.3 0.2 1.5 0.7 Gross domestic saving 18.7 17.6 16.8 16.4 17.3 17.0 17.1 16.7 17.9 17.6 17.0 15.8 13.0 Net factor income -1.0 -0.7 -2.0 -5.6 -7.5 -7.4 -5.1 -3.8 -4.0 -4.4 -3.8 -2.4 -1.6 Gross national saving 17.7 16.9 NA NA NA NA NA 12.9 13.8 13.2 13.2 13.4 11.4 Net Indirect Taxes 14.1 13.9 13.2 NA NA NA NA NA NA NA NA NA NA Gross national product 99.0 99.3 98.0 94.4 92.5 92.6 94.9 96.2 96.0 95.6 96.2 97.6 98.4 i/ Preliminary. NA Not Available. Note: Net Factor Income in USS was taken from BOP and transformed into Current NUS using the average exchange rate calculated by the Centra Bank. Source: Central Bank of Uruguay. - 107 - TABLE A1.3: URUGUAY: CHANGES IN GDP BY SECTOR 19801992 (Percentage per annum) 1980 1981 1982 1983 1984 1985 1986 1987 19S8 1989 1990 1991 1992" GDP at market prices 5.8 1.6 -9.8 -10.3 -1.1 1.5 8.9 7.9 0.4 1.3 0.9 2.9 7.4 Net Indirect Taxes 7.0 -0.2 -14.4 NA NA NA NA NA NA NA NA NA NA GDP at factor cost 5.7 1.9 -9.0 NA NA NA NA NA NA NA NA NA NA Agriculturr 16.2 5.5 -7.3 2.1 -12.8 12.6 -2.5 4.6 -1.6 3.5 0.3 2.3 10.5 Industry 3.0 -2.8 -13.4 -10.1 1.5 -4.2 10.3 11.3 0.6 -1.0 -1.5 0.9 4.7 Services, etc. 5.9 3.7 -7.9 -13.1 0.2 2.6 10.7 6.7 0.0 2.2 2.4 4.1 8.3 1/ Preliminary. NA Not Available. Source: Central Bank of Uruguay. TABLE A2.1: SUMMARY CONSTRAINTS BY SECTOR, 1992 Procurement Production Finance Regulation Labor Business Infra- lilation Policy Judicial High ad Sales and Serviees structure Instability System Level Technology of Taxes Mmnufactunng 2.97 2.07 2.24 1.97 1.93 1.48 1.90 2.95 3.69 2.09 3.85 Trsport& 2.11 1.89 2.89 2.95 2.00 1.47 1.68 3.29 4.21 2.89 4.21 Warehouse Services 1.95 1.42 2.16 2.16 1.37 1.32 1.89 2.63 2.53 1.68 3.42 Commerce 2.44 1.51 2.7. 2.31 1.84 1.60 1.77 2.71 3.19 2.67 3.57 Source: Uruguay Private Sector Assessment, September 1992. TABLE A3.1: URUGUAY: BALANCE OF PAYMENTS SUMMARY 1980-1992 (in millions of US dollars) 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 199211 Exports of GNFS 1526.0 1700.7 1537.3 1411.4 1289.4 1252.8 1499.6 1595.0 1788.0 1996.8 2132.3 2155.6 2450.3 Merchandise (FOB) 1058.5 1229.7 1256.4 1156.4 924.6 853.6 1087.8 1182.3 1404.5 1599.0 1692.9 1604.7 1702.5 Non-factor services 467.5 471.0 280.9 255.0 364.8 399.2 411.8 412.7 383.5 397.8 439.4 550.9 747.8 Inports of GNFS 2143.7 2098.0 1585.5 1194.4 1066.9 1032.8 1179.7 1429.9 1444.5 1500.6 1582.3 1857.8 2426.7 Merchandise (FOB) 1668.2 1592.1 1038.4 739.7 732.2 675.4 814.5 1079.9 1112.2 1136.2 1267.0 1543.7 1941.2 Non-factor services 475.5 505.9 547.1 454.7 334.7 357.4 365.2 350.0 332.3 364.4 315.3 314.1 485.5 Resource balance -617.7 -397.3 -48.2 217.0 222.5 220.0 319.9 165.1 343.5 496.2 550.0 297.8 23.6 Net factor income -100.1 -73.8 -196.8 -287.8 -361.6 -350.9 -300.6 -307.1 -330.6 -349.1 -321.7 -232.8 -187.2 Factor receipts 67.7 145.8 147.2 62.5 87.2 77.4 92.7 103.6 114.7 203.0 257.9 234.3 224.9 Factor payments 167.8 219.6 344.0 350.3 448.8 428.3 393.3 410.7 445.3 552.1 579.6 467.1 412.1 Total interest due 169.3 195.6 221.5 273.9 350.6 365.8 346.6 357.9 353.8 352.1 417.9 278.8 265.1 00 Other Factor Payments & disc. -1.5 24.0 122.5 76.4 98.2 62.5 46.7 26.1 66.6 200.0 161.7 188.3 147.0 Net current transfers 2.0 2.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Currnt Receipts 2.5 3.5 NA NA NA NA NA NA NA NA NA NA NA Other curr. transfers 2.5 3.5 NA NA NA NA NA NA NA NA NA NA NA Current Payments 0.5 0.6 NA NA NA NA NA NA NA NA NA NA NA Curr.AiC Bal before Off. Grants -715.8 -468.2 -245.0 -70.8 -139.1 -130.9 19.3 -142.0 12.9 147.1 228.3 65.0 -163.6 Off. Capital Grants 1/ 6.7 6.8 10.4 11.0 10.0 10.8 25.3 8.0 21.3 8.0 8.1 40.1 28.6 Curr.A/C Bal after Off. Grants -709.1 -461.4 -234.6 -59.8 -129.1 -120.1 44.6 -134.0 34.2 155.1 236.4 105.1 -135.0 LT Capital nflaws 404.3 345.6 515.1 626.3 35.1 59.5 174.3 263.5 387.9 -415.0 -247.8 -239.5 15.9 Direct investment 289.5 48.6 -13.7 -5.6 3.4 -7.9 32.5 55.0 44.5 0.0 0.0 0.0 5.0 Net LT Borrowing (DRS) 226.3 353.3 241.7 381.3 39.5 27.0 102.3 237.5 -29.6 83.2 -53.0 213.6 372.6 Disbursements 356.2 456.0 533.2 502.0 189.4 220.0 207.9 390.6 282.9 295.3 420.0 805.6 629.6 Repayments due 129.9 102.7 291.5 120.7 149.9 193.0 105.6 153.1 312.5 212.1 473.0 592.0 257.0 Other LT Inflows (net) -111.5 -56.3 287.1 250.6 -7.8 40.4 39.5 -26.2 372.6 -500.1 -207.2 -455.8 -435.5 1980 1981 1982 1983 1984 1985 1986 1! t7 1988 1989 1990 1991 199211 Other Capital Flows (Net) 423.0 149.7 -696.5 -632.2 9.6 127.0 68.6 -58.2 -432.7 388.8 312.7 283.2 380.2 Net short-termcapital 333.5 311.2 568.0 -376.9 130.8 -133.8 -155.7 58.9 -175.9 451.2 197.8 -114.0 112.3 Errors and omissions 89.5 -161.5 -1264.5 -255.3 -121.2 260.8 224.3 -117.1 -256.8 -62.4 114.9 397.2 267.9 Changes in net rerves -118.2 -33.9 416.0 65.7 84.4 -66.4 -287.5 -74.1 11.0 -127.0 -288.9 -150.3 -187.3 Net credit from IMF NA NA 95.7 141.7 -15.1 127.6 45.3 -2.8 -83.3 -107.5 -100.8 -42.9 23.5 Reserve changes n.e.i. -118.2 -33.9 320.2 -75.9 99.5 -194.0 -332.8 -71.3 94.3 -19.5 -188.1 -107.4 -210.9 Net hIt. Reserves (mill US) 383.8 430.0 116.3 206.9 134.4 174.2 481.6 530.0 532.0 501.3 544.4 345.8 530.5 Gross Resrves (ncl. Gold) 2401.1 1778.3 1422.1 1199.6 941.5 1030.6 1499.8 1793.0 1602.3 1547.6 1466.5 1146.0 1206.3 Nom Off. Exch. Rate (Avg.)(rt) 9.1 10.8 13.9 34.5 56.1 101.4 152.0 226.7 359.4 605.5 1171.1 2018.8 3026.9 Nom. Off. (End-of-year)(ae) 10.0 11.6 33.8 43.3 74.3 125.0 181.0 281.0 451.0 805.0 1594.0 2489.0 3480.0 MUV-Manuf. (% change) 9.7 0.4 -1.5 -2.3 -2.1 0.8 17.9 9.8 7.3 -0.7 5.7 2.1 4.3 Index Rest Eff.(MF) 100.0 119.3 124.8 76.7 73.5 70.9 69.9 68.3 64.3 67.2 60.7 69.0 74.0 1/ Pteliminary. NA Not Available. Source: IMF, World Bank. - 110 - TABLE A3.2: URUGUAY: INTERNATIONAL RESERVES AND EXTERNAL DEBT 1980-1992 ([JS$ Million) Gross intl. reserves (yr.-end): Extemal debt (year-end) Total Foreign Gold Public, (gold at exchange (Mn. Troy guaran- Non-guar- Short- world ('US$mn.) ozs.) Total teed anteed IMF term price) L 1980 2225.7 383.8 1841.9 1659.8 1126.9 210.9 0.0 322.0 1981 1821.0 430.0 1391.0 2174.4 '348.2 326.2 0.0 500.0 1982 1386.7 116.3 1270.4 2646.8 1700.2 205.8 95.8 645.0 1983 1217.4 206.9 1010.5 3292.0 2510.3 158.3 237.4 386.0 1984 972.6 134.4 838.2 3271.3 2527.8 129.2 222.3 392.0 1985 1016.8 174.2 842.6 3919.4 2695.1 60.4 349.9 814.0 1986 1499.9 481.6 1018.3 3906.1 2895.3 42.6 395.2 573.0 1987 1798.6 530.0 1268.6 4270.8 3098.4 144.0 392.4 636.0 1988 1626.3 532.0 1094.3 3820.7 2950.5 86.2 309.0 475.0 1989 1570.3 501.3 1069.0 4205.3 2977.9 104.9 201.5 921.0 1990 1446.6 544.4 902.1 4334.9 3009.2 110.0 100.7 1115.0 1991 1163.9 345.8 818.1 4189.1 2843.2 285.1 57.8 1003.0 1992" 1059.0 383.0 676.0 3875.9 2798.0 43.2 31.7 1003.0 11 Preliminary. Source: Intemnational Monetary Fund, World Bank. TABLE A33: URUGUAY: PUBLIC-SECTOR ACCOUNTS: CENTRAL ADMINISTRATION, PUBLIC ENTERPRISES 1980-1992 Non-Financial Public-Sector Central Adninistration Public Enterprises Current Capital Current Current Net Capital Current Current Expendi- Soc. Sec. Forma- Operating Operating Expendi- Tnfers Forma- Surplus Saving Revenue ture Personnel Transfer Interest Other tion Surplus Income Income ture Peronnel Inputs Interest and Taxes tion (Percent of GDP) 1980 0.1 2.0 16.2 -14.2 -7.7 -2.6 -0.4 -3.6 -2.0 1.0 1.3 13.1 -11.8 -1.7 -7.3 -0.1 -2.7 -0.3 1981 -0.1 2.0 17.4 -15.4 -4.0 -3.2 -0.3 -3.9 -2.1 0.2 1.0 12.9 -11.8 -1.9 -6.8 -0.2 -3.0 -0.8 1982 -4.7 -6.2 15.2 -21.4 -10.2 -6.6 -0.6 -4.0 -2.5 -0.1 0.4 13.3 -12.9 -2.2 -7.9 -0.1 -2.8 -0.S 1983 -4.2 -2.1 16.8 -18.9 -9.1 -4.9 -1.3 -3.6 -2.1 0.0 1.4 15.1 -13.7 -1.8 -8.5 -1.2 -2.2 -1.5 1984 -5.8 -4.0 14.7 -18.7 -6.7 -4.9 -2.0 -5.1 -1.8 1.3 2.6 18.9 -16.2 -1.8 -9.5 -1.9 -3.0 -1.3 1985 -3.1 -1.4 16.0 -17.5 -7.0 -4.3 -2.2 -4.0 -1.6 1.7 2.8 16.9 -14.1 -2.4 -7.1 -0.9 -3.7 -1.1 1986 -1.3 0.3 16.8 -16.5 -7.1 -3.3 -1.9 -4.1 -1.6 0.2 2.4 14.3 -11.9 -2.3 -4.7 -1.4 -3.5 -2.2 1987 -1.3 0.5 16.3 -15.8 -6.5 -3.5 -1.5 -4.2 -1.9 0.1 1.5 12.5 -11.0 -2.3 -4.7 -1.0 -3.0 -1.4 1988 -2.0 0.1 16.8 -16.7 -6.8 -4.0 -1.6 -4.2 -2.1 0.1 1.9 13.1 -11.2 -2.1 -4.9 -0.9 -3.3 -1.7 1989 -3.4 -1.1 15.6 -16.7 -5.6 -5.2 -2.0 -3.9 -2.3 -0.2 1.; 12.6 -11.5 -2.0 -5.5 -1.0 -3.0 -1.2 1990 -0.1 1.9 17.8 -15.9 -5.3 4.5 -1.9 4.2 -1.9 0.5 2.4 14.5 -12.1 -1.8 -5.7 -1.1 -3.6 -1.9 1991 0.4 2.1 18.8 -16.6 -5.2 -5.2 -1.7 4.5 -1.7 0.7 3.0 14.0 -11.0 -1.9 4.7 -0.5 4.0 -2.2 1992u 0.3 2.1 19.6 -17.5 -5.0 -6.2 -1.5 -4.9 -1.8 0.8 2.9 13.3 -10.4 -1.7 -4.1 -0.9 -3.6 -2.1 1/ Preliminary. Source: Central Bank of Uruguay. - 112 - TABLE A3.4: URUGUAY: FINANCING OF THE CENTRAL ADhMNISTRATION DEFICIT 1980-1992 Combined Financing: deficit of the Central central adninis- Net Net Net Net adminis- trationl credit ECU BROU place- place- external Other tamtion, defic: from the Account- Revalu- ment of ment of loans (net) Central BCU, ing flows ation bonds bills Bank BROU II =11 (Percent of GDP) 1980 NA -0.9 -0.2 -0.1 -0.1 0.0 -0.1 -0.1 -0.2 -0.1 0.4 1981 NA -0.8 0.3 0.4 0.4 0.0 -0.1 0.0 0.0 -0.1 -0.2 1982 NA 7.4 7.0 6.3 6.2 0.1 0.7 0.1 1.2 0.2 0.2 1983 NA 3.0 3.3 3.2 3.2 0.0 0.0 -0.4 1.3 0.3 -0.2 1984 8.5 4.9 2.7 2.S 2.9 0.0 -0.1 0.4 3.1 0.3 -0.8 1985 4.6 2.5 0.2 0.8 1.0 -0.1 -0.7 1.9 1.5 0.4 -0.9 1986 5.0 0.9 -0.8 -0.5 -1.0 0.4 -0.3 1.3 1.1 0.2 -0.4 1987 4.0 1.1 -0.8 1.1 0.3 0.8 -1.9 0.2 1.7 0.1 0.1 1988 4.7 1.7 -1.5 -0.4 -1.4 1.0 -1.1 1.0 2.3 0.1 0.1 1989 7.2 3.2 1.4 1.7 -0.4 2.0 -0.2 0.1 1.8 0.1 0.0 1990 3.5 -0.1 -1.4 0.3 -1.7 2.0 -1.6 0.0 1.5 0.0 0.0 1991 1.3 -0.6 -1.3 -1.0 -2.3 1.3 -0.2 1.5 -0.5 -0.1 -0.1 1992" 0.3 -0.6 -0.4 0.2 -0.5 0.8 -0.7 1.6 -1.4 -0.1 0.0 1/ Preliminary. NA Not Available. Source: Central Bank of Uruguay. - 113 - TABLE A4.1: URUGUAY'S TRADE IN GOODS AND NON-FACTOR SERVICES 1980-1991 (in millions of dollars) 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Exports of goods and nfs 1526.0 1700.7 1537.3 1411.4 1289.4 1252.8 1499.6 1595.0 1788.0 1996.8 2132.3 2155.6 Expods of goods 1058.5 1229.7 1256.4 1156.4 924.6 853.6 1087.8 1182.3 1404.5 1599.0 1692.9 1604.7 Exports of nfs 467.5 471.0 280.9 255.0 364.8 399.2 422.8 412.7 383.5 397.8 439.4 550.9 Shipments 17.0 11.2 16.9 11.3 14.8 10.7 12.0 22.3 26.7 29.9 41.2 58.4 Transport 71.6 80.5 64.3 60.0 54.5 56.9 59.3 80.4 71.0 58.4 66.7 72.8 Travel 298.0 283.0 106.0 89.7 210.0 235.2 257.8 207.5 202.8 227.9 238.2 332.5 Government services 18,5 14.7 23.3 23.3 21.2 28.0 NA NA NA NA Other 62.4 81.6 70.4 70.7 64.3 68.4 82.7 102.5 83.0 81.6 93.3 87.2 Imports of goods and nfs 2143.7 2098.0 1585.5 1194.4 1066.9 1032.8 1179.9 1429.9 14444.4 1500.6 1582.4 1857.8 Imports of goods 1668.2 1592.1 1038.4 739.7 732.2 675.4 814.5 1079.9 1112.2 1136.2 1266.9 1543.7 Imports of nfs 475.5 505.9 547.1 454.7 334.7 357.4 365,2 350.0 332.3 364.4 315.5 314.1 Shipments 101.6 103.6 48.4 30.6 30.8 25.2 45.4 46.6 47.3 47.8 54.0 68.9 Transport. 59.8 70.6 67.2 54.0 49.1 63.4 54.2 66.7 54.7 56.0 56.0 54.3 Travel 202.7 203.0 304.0 259.1 153.9 162.1 173.8 128.9 138.3 166.5 111.4 99.7 Government services 41.9 31.0 17.6 17.6 16.0 18.8 NA NA NA NA NA NA Other 69.5 97.7 109.9 93.4 84.9 87.9 91.8 107.8 92.0 94.1 94.1 91.2 NA Not Available. Source: Estimates based on ANDREX, January 1993. - 114 - TABLE A4.28: TOTAL MERCHANDISE IMPORTS OF URUGUAY BY Th1ADING PARTNER 1965-1991 1965 1970 1975 1980 1985 1990 1991 World (mill $)"' 151 231 556 1680 708 1318 1623 (Percentage of total imports) Main Trading 78.9 76.1 69.7 78.5 91.5 91.1 94.5 Partners BRAZIL 9.0 15.1 13.0 17.3 17.8 23.3 24.0 ARGENTINA 5.9 12.2 9.1 10.5 12.2 15.5 17.5 USA 13.6 12.9 10.4 9.8 7.6 9.9 9.9 NIGERIA 0.0 3.8 2.5 8.1 9.8 0.7 5.4 IRAN 0.0 0.1 0.4 0.0 14.6 4.0 3.8 JAPAN 0.9 1.5 2.4 4.1 2.2 3.2 3.8 FRANCE 3.9 1.9 1.9 1.8 1.7 2.9 3.3 ITALY 4.0 2.5 2.5 2.8 2.2 3.5 2.9 UNITED KINGDOM 9.8 6.9 5.0 4.2 2.5 3.0 2.4 VENEZUELA 8.6 0.4 2.0 4.4 0.2 0.5 2.3 MEXICO 1.7 1.1 2.7 0.7 2.2 3.5 1.9 SPAIN 0.6 1.8 1.1 i.2 1.5 1.7 1.9 SWITZERLAND 2.1 1.7 1.7 1.0 1.8 1.6 1.7 CHILE 1.4 1.2 1.5 1.2 1.3 1.4 1.7 CYPRUS 0.0 0.0 0.0 0.0 0.0 0.0 1.3 KOREA, REP. OF 0.0 0.2 0.1 0.3 0.1 0.9 1.2 TAIWAN 0.0 0.0 0.1 0.7 0.4 0.8 1.0 HONG KONG 0.1 0.1 0.1 0.4 0.3 0.5 0.9 NETHERLANDS 2.4 1.4 1.7 0.9 1.0 0.9 0.8 PANAMA 0.0 0.0 0.1 0.4 0.2 0.5 0.7 PARAGUAY 1.9 1.6 0.7 1.2 1.2 0.8 0.7 CANADA 2.4 2.0 2.4 0.8 0.6 0.9 0.7 BELGIUM-LUX 2.6 1.0 1.8 0.5 G.6 0.5 0.5 FINLAND 0.6 0.2 Q.53 0.1 0.1 0.2 0.5 CHINA 0.0 0.0 0.0 0.2 0.1 0.4 0.4 ISRAEL 0.1 0.0 0.0 0.1 0.1 0.4 0.4 AUSTRIA 0.3 0.4 0.5 0.3 0.3 0.3 0.4 - 115 - 1965 1970 1975 1980 1985 1990 1991 World (mill $)11 151 231 556 1680 708 1318 1623 (Percentage of total imports) SINGAPORE 0.2 0.2 0.0 0.2 0.2 0.4 0.3 DENMARK 0.4 0.4 0.2 0.9 0.3 0.3 0.:3 SWEDEN 1.7 1.8 1.0 0.5 0.6 0.3 0.3 SOUTH AFRICA 0.2 0.1 0.1 0.5 0.4 0.2 0.2 USSR 0.2 0.5 0.3 0.2 5.9 3.0 0.2 CZECHOSLOVAKIA 0.7 0.8 0.3 0.6 0.1 0.1 0.2 PERU 1.2 0.4 0.4 0.7 0.3 0.3 0.2 BANGLADESH 0.0 0.0 0.6 0.1 0.2 0.2 0.1 TUNISIA 0.3 0.4 0.3 0.1 0.0 0.0 0.1 MALAYSIA 0.0 0.7 0.5 0.4 0.2 0.2 0.1 POLAND 0.1 0.2 0.9 0.6 0.1 0.1 0.1 HUNGARY 0.1 0.0 0.1 0.1 0.1 0.1 0.1 TURKEY 0.0 0.0 0.0 0.0 0.0 0.3 0.1 AUSTRALIA 0.8 0.1 0.4 0.1 0.3 0.1 0.1 COLOMBIA 0.2 0.1 0.1 0.1 0.0 3.3 0.1 INDIA 1.1 0.3 0.2 0.4 0.0 0.1 0.1 GREECE 0.0 0.0 0.1 0.0 0.1 0.0 0.1 Memo items: MERCOSUR 16.7 28.9 22.8 29.1 31.1 39.6 42.2 Argentina 5.9 12.2 9.1 10.5 12.2 15.5 17.5 Brazil 9.0 15.1 13.0 17.3 17.8 23.3 24.0 Paraguay 1.9 1.6 0.7 1.2 1.2 0.8 0.7 1/ IFS merchandise imports. Sources: TARS and ANDREX January 1993. - 116 - TABLE A4.30: TOFAL MERCHANDISE EXPORTS OF URUGUAY BY TRADING PARTNER 1965-1991 1965 1970 1975 1980 1985 1990 1991 World (mil $)" 191 233 384 1059 909 1693 1594 (Percentage of total exports) Main trading partners 84.7 79.0 83.3 80.6 89.8 89.8 90.7 BRAZIL 2.8 5.3 17.1 18.0 16.8 29.9 24.4 ARGENTINA 1.6 2.7 7.4 13.4 7.4 4.8 10.4 USA 16.8 8.6 6.8 7.8 15.2 9.5 10.1 CHINA 0.1 0.0 0.0 0.1 5.1 3.9 6.4 ITALY 7.6 9.8 5.1 4.4 2.6 4.4 3.9 UNITED KINGDOM 16.1 8.4 4.7 3.5 4.2 4.2 3.8 USSR 2.3 0.2 3.6 4.6 5.0 5.2 3.2 NETHERLANDS 9.2 8.6 7.3 4.3 3.2 3.3 3.0 FRANCE 5.8 2.6 2.7 1.4 1.7 3.1 2.6 ISRAEL 0.4 2.6 3.9 0.3 1.7 1.6 2.4 HONG KONG 1.5 3.2 1.1 0.6 1.1 1.0 1.9 MEXICO 0.1 0.4 0.6 0.5 0.8 2.0 1.S SPAIN * 7.7 3.1 3.1 0.7 0.8 0.8 1.5 CHILE 0.5 0.9 0.6 2.2 0.5 1.0 1.4 SAUDI ARABIA 0.0 0.0 0.0 1.0 1.7 1.3 1.3 JAPAN 0.5 0.7 1.5 0.9 2.1 1.2 1.3 CANADA 0.2 0.1 0.3 0.7 0.8 0.8 1.1 KOREA, REP. OF 0.0 0.0 0.1 0.0 0.4 0.4 0.7 POLAND 0.6 0.8 1.0 0.6 0.2 0.5 0.7 CUBA 0.0 0.0 0.0 0.0 0.0 0.8 0.7 PARAGUAY 0.1 0.7 0.8 1.4 0.7 0.4 0.7 BELGIUM-LUX 2.2 2.5 2.0 1.7 0.6 0.7 0.7 - 117 - 1965 1970 1975 1980 1985 1990 1991 World (mil $) 191 233 384 1059 909 1693 1594 (Percentage of total exports) Main trading partners 84.7 79.0 83.3 80.6 89.8 89.8 90.7 PERU 0.5 0.9 0.6 0.8 0.2 0.5 0.5 IRAN 0.0 0.5 1.9 3.5 7.2 2.1 0.5 COLOMBIA 2.4 1.3 0.8 0.3 0.8 0.7 0.5 SWEDEN 0.6 0.8 0.1 0.5 0.1 0.3 0.4 SWITZERLAND 0.8 0.4 1.0 0.5 0.7 0.4 0.4 TAIWAN 0.0 0.0 0.6 0.8 1.8 0.2 0.3 VENEZUELA 0.0 0.1 0.1 0.3 0.4 0.1 0.3 SINGAPORE 0.0 0.0 0.0 0.0 0.3 0.3 0.3 AUSTRALIA 0.0 0.1 0.0 0.0 0.3 0.1 0.3 ALGERIA 0.0 0.0 0.0 0.1 0.0 0.6 0.2 FINLAND 0.0 0.1 0.0 0.1 0.5 0.0 0.2 BOLIVIA 0.2 0.1 0.7 0.2 0.1 0.1 0.2 PORTUGAL 0.1 0.2 1.3 0.4 0.8 0.4 0.2 DENMARK 0.1 0.4 0.2 0.2 0.0 0.1 0.2 DOMINICAN REP. 0.0 0.0 0.0 0.0 0.0 0.1 0.2 CZECHOSLOVAKIA 1.1 5.2 1.9 1.4 1.4 0.7 0.1 GREECE 4.1 5.8 3.3 1.6 0.4 0.2 0.1 AUSTRIA 0.1 0.1 0.4 0.3 0.1 0.2 0.1 LEBANON 0.0 0.2 0.0 0.0 0.0 0.0 0.1 THAILAND 0.0 0.0 0.0 0.0 0.0 0.1 0.1 SOUTH AFRICA 0.6 0.9 0.8 1.1 0.6 0.2 0.1 MALTA 0.0 0.0 0.0 0.0 0.1 0.1 0.1 NORWAY 0.0 0.0 0.0 0.0 0.0 0.0 0.1 ECUADOR 0.0 0.0 0.1 0.1 0.2 0.1 0.1 - 118 - 1965 1970 1975 1980 1985 1990 1991 World (mil $)" 191 233 384 1059 909 1693 1594 (Percentage of total exports) Main trading partners 84.7 79.0 83.3 80.6 89.8 89.8 90.7 MOROCCO 0.0 0.0 0.0 0.0 0.0 0.0 0.1 INDIA 0.1 0.0 0.0 0.0 0.0 0.0 0.1 HUNGARY 0.3 0.3 0.0 0.3 0.9 0.2 0.1 COSTA RICA 0.0 0.0 0.0 0.0 0.0 0.0 0.1 Memo items: MERCOSUR 4.5 8.8 25.2 32.9 24.9 35.1 35.4 Argentina 1.6 2.7 7.4 13.4 7.4 4.8 10.4 Brazil 2.8 5.3 17.1 18.0 16.8 29.9 24.4 Paraguay 0.1 0.7 0.8 1.4 0.7 0.4 0.7 1/ IFS merchandise exports. Sources: TARS and ANDREX January 1993. - 119 - TABLE A4.40: URUGUAY'S MAIN EXPORTS TO MERCOSUTR BY COMMODITY 1965-1991 SITC 1965 1970 1975 1980 1985 1990 1991 Code Total share in exports to: The World 1 16 8 12 13 16 17 MERCOSUR 9 22 25 31 40 34 40 Non-MERCOSUR 1 15 2 2 4 5 4 (As percentage of exports to MERCOSUR) 048 CEREAL ETC 4 0 6 5 7 4 7 PREPARATIONS 732 ROAD MOTOR VEHICLES 0 0 4 6 1 2 4 022 MILK AND CREAM 0 0 0 1 2 2 4 581 PLASTIC MATERIALS ETC 0 0 0 2 4 3 4 641 PAPER AND PAPERBOARD 0 0 1 3 3 1 3 024 CHEESE AND CURD 0 4 1 2 2 2 3 599 CHEMICALS NES 0 1 0 1 1 4 2 533 PIGMENTS,PAINTS,ETC 0 0 0 1 3 5 2 629 RUBBER ARTICLES NES 0 5 6 3 1 3 2 541 MEDICINAL ETC PRODUCTS 0 2 0 0 0 0 2 651 TEXTILE YARN AND 4 4 5 2 3 2 2 THREAD 554 SOAPS,CLEANING ETC 0 0 0 1 1 1 2 PREPS 023 BUTTER 0 0 0 1 3 1 1 621 MATERIALS OF RUBBER 0 0 0 0 0 1 1 512 ORGANIC CHEMICALS 0 0 1 1 3 2 1 043 BARLEY UNM1:LLED 0 6 1 1 5 1 1 Source,: Estimates based on TARS January 1993. - 120 - TABLE A4.50: URUGUAY'S MAN EXPORTS BY COMMODITY 1965-1991 srrc 1965 1970 1975 1980 1985 1990 1991 Code Total share in exports to: The World 86 79 84 82 86 86 88 MERCOSUR 81 43 65 69 69 77 79 Non-MERCOSUR 86 82 91 88 92 91 93 (As a percentage of total exports) 262 WOOL AND ANIMAL HAIR 47 20 24 21 20 19 16 011 MEAT FRESH,CHILLD,FROZEN 27 39 22 17 14 16 11 841 CLOTHING NO OF FUR 0 0 5 7 S 7 8 042 RICE 1 2 9 6 10 6 7 611 LEATHER 3 0 4 4 7 7 7 031 FISH FRESH,SIMPLY PRESVD 0 0 1 5 6 4 6 653 WOVENTEXTICES 1 0 1 2 3 3 4 NONCOTTON 842 FUR ETC CLOrHES,PROD 0 0 2 5 2 2 3 048 CEREAL ETC PREPARATIONS 0 0 1 2 2 2 2 013 MEAT T1NNED NIES OR PREPD 3 0 1 0 1 2 2 051 FRUrr FRSH NUTS FRSH DRY 0 0 1 1 3 1 2 022 MILK AND CREAM 0 0 0 0 0 1 2 732 ROAD MOTOR VEHICLES 0 0 1 2 0 1 2 024 CHEESE AND CURD 0 0 0 1 1 1 1 581 PLASTIC MATERIALS ETC 0 0 0 1 1 1 1 599 CHEMICALS NES 0 0 0 0 1 2 1 851 FOOrWEAR 0 1 2 1 1 1 1 641 PAPER AND PAPERBOARD 0 0 0 1 1 1 1 541 MEDICINALETC IPRODUCTS 0 0 0 0 0 0 1 612 LEATHER ETC 0 1 0 1 1 1 1 MANUFACTURES 001 LIVE ANIMALS 1 0 1 1 0 1 1 291 CRUDE ANIMAL MATTER NES 0 0 1 1 1 1 1 533 PIGMEN1S,PAIN';,ETC 0 0 0 0 1 2 1 - 121 - srrc 1965 1970 1975 1980 1985 1990 1991 Code 041 WHEAT EATCUNMELLED 2 0 3 0 0 1 1 662 CLAYXEFRACTORY BLDG PRD 0 0 0 1 0 1 1 629 RUBBER ARTICLES NES 0 0 1 1 0 1 1 651 TEXTILEYARN ANDTHREAD 1 13 2 1 1 1 1 554 SOAPS,CLEANING ETC PREPS 0 0 0 0 0 0 1 061 SUGARAND HONEY 0 0 0 0 1 1 1 621 MATERIALSOFRUBBER 0 0 0 0 0 0 1 Source: Estimates based on TARS January 1993. - 122 - TABLE, AS.1: URUGUAY: DEMAND FOR FINANCIAL ASSETS BY THE PRIVATE SECTOR AT END OF PERIOD 1980-1992 (percent) Period (1) (2) (3) (4) 1980 4.65 0.06 75.02 66.05 1981 4.29 0.00 67.84 56.23 1982 12.64 0.56 44.96 33.37 1983 15.42 0.24 45.46 34.37 1984 18.35 1.92 40.34 31.98 1985 24.37 1.91 35.78 29.18 1986 24.09 6.04 35.12 28.69 1987 27.22 6.16 32.64 26.64 1988 30.88 7.38 29.43 23.07 1989 29.91 5.42 23.82 17.38 1990 28.88 4.00 21.04 15.18 1991 25.42 2.65 21.87 15.92 1992* 25.63 3.03 21.11 15.49 (1) Public securities held by the private sector as a percentage of financial assets. (2) Public securities in pesos as a percentage of all securities held by the private sector. (3) Financial assets in local currency (M2 + public securities in pesos) as a percentage of financial assets. (4) Financial assets in local currency as a percentage of total financial assets. Where: Total financial assets = M4 + public securities held by the private sector. Sources: 1980-1989; J.A. De Nigris and public securities L. Machinea 'Un Esquema para la Reforma del Sector Financiero', IDB 1990-1992; author's calculations based on BCU Statistical Bulletin No. 141, 'Tables 1.6.1 and L.6.2. * Apnrl 1992 - 123 - TABLE A5.2: URUGUAY: PARTICIPATION OF PUBLIC BANKS IN RESIDENT'S DEPOSITS AT END OF PERIOD 1977-1991 Period (1) (2) (3) (4) (5) (6) 1977 0.278 0.204 0.385 0.238 0.171 0.171 1978 0.262 0.201 0.310 0.203 0.199 0.199 1979 0.233 0.184 0.248 0.170 0.207 0.207 1980 0.242 0.187 0.231 0.153 0.270 0.270 1981 0.258 0.192 0.264 0.162 0.248 0.244 1982 0.297 0.218 0.306 0.216 0.290 0.220 1983 0.332 0.234 0.343 0.225 0.322 0.242 1984 0.392 0.280 0.377 0.252 0.402 0.300 1985 0.441 0.335 0.374 0.276 0.485 0.373 1986 0.452 0.341 0.461 0.333 0.447 0.346 1987 0.489 0.373 0.513 0.364 0.477 0.378 1988 0.527 0.389 0.572 0.357 0.505 0.404 1989 0.548 0.404 0.596 0.365 0.531 0.417 1990 0.565 0.421 0.615 0.389 0.551 0.431 1991 0.601 0.446 0.616 0.299 0.597 0.482 (1) Total deposits in public banks divided by total deposits. (2) Total deposits in BROU divided by total deposits. (3) Total deposits in pesos in public banks divided by total deposits in pesos. (4) Deposits in pesos in BROU divided by total deposits in pesos. (5) Total deposits in foreign currency in public banks divided by total deposits in foreign currency. (6) Deposits in foreign currency in BROU divided by total deposits in foreign currency. Note: In the case of BHU figures include titles and bonds issues. Source: A. De Nigris and J.L. Machinea; "Un Esquema para la Reforma del Sector Financiero'. - 124 - TABLE A5.3: URUGUAY: SHARE OF PUBLIC BANKS IN CREDIT TO THE LOCAL PRIVATE SECTOR (END OF PERIOD, 1977-1992) Period (1) (2) (3) (4) (5) 1977 0.528 0.435 0.679 0.567 0.265 1978 0.475 0.387 0.592 0.468 0.290 1979 0.383 0.300 0.472 0.345 0.242 1980 0.374 0.267 0.427 0.252 0.286 1981 0.387 0.256 0.472 0.261 0.250 1982 0.368 0.269 0.556 0.307 0.255 1983 0.464 0.339 0.669 0.409 0.309 1984 0.503 0.373 0.657 0.366 0.376 1985 0.572 0.432 0.764 0.492 0.408 1986 0.574 0.427 0.762 0.506 0.389 1987 0.597 0.449 0.784 0.532 0.411 1988 0.613 0.471 0.811 0.594 0.413 1989 0.652 0.523 0.850 0.653 0.471 1990 0.671 0.548 0.869 0.678 0.503 1991 0.692 0.535 0.866 0.589 0.516 1992 0.710 0.539 0.875 0.581 0.536 (1) Public bank credit divided by total credit. (2) BROU credit divided by total commercial credit. (3) Public bank credit in local currency divided by total credit in local currency. (4) BROU credit in local currency divided by commercial credit in local currency. (5) Public bank credit in foreign exchange divided by credit in foreign exchange. Note: Since BHU does not lend in foreign exchange, BROU's credit equals public bank credit. Source: 1980-1989; A. De Nigris and public securities J.L. Machinea; 'Un Esquema pars la Reforma del Sector Financiero", IDB 1990-1992; author's calculations based on BCU Statistical Bulletin No. 141. - 125 - TABLE A5.4: URUGUAY: INTERMEDIATION MARGINS (FIRST QUARTER OF EACH YEAR, 1985-1990) In US$ Dollars In Pesos Period (1) (2) (3) 1985:1 7.68 3.58 -5.00 1986:1 7.73 14.90 3.29 1987:1 5.66 23.02 9.71 1988:1 5.21 22.26 9.11 1989:1 6.00 18.12 5.70 1990:1 6.53 24.40 5.34 (1) Normal rate. (2) Normal rate. (3) Preferential rate. Source: A. De Nigris and J.L. Machinea; "Un Esquema para la Reforma del Sector Financieron. 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