82964 Economy Profile: South Sudan Doing Business 2014 South Sudan 2 © 2013 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org All rights reserved. 1 2 3 4 15 14 13 12 A copublication of The World Bank and the International Finance Corporation. This work is a product of the staff of The World Bank with external contributions. Note that The World Bank does not necessarily own each component of the content included in the work. The World Bank therefore does not warrant that the use of the content contained in the work will not infringe on the rights of third parties. The risk of claims resulting from such infringement rests solely with you. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. 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Cover design: The Word Express Doing Business 2014 South Sudan 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 5 Starting a business ..................................................................................................................... 13 Dealing with construction permits ........................................................................................... 22 Getting electricity ....................................................................................................................... 34 Registering property .................................................................................................................. 41 Getting credit .............................................................................................................................. 52 Protecting investors ................................................................................................................... 59 Paying taxes ................................................................................................................................ 68 Trading across borders .............................................................................................................. 75 Enforcing contracts .................................................................................................................... 83 Resolving insolvency .................................................................................................................. 93 Employing workers .................................................................................................................... 96 Data notes ................................................................................................................................. 103 Resources on the Doing Business website ............................................................................ 109 Doing Business 2014 South Sudan 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is (except for the paying taxes indicators, which cover the for a local entrepreneur to open and run a small to period January–December 2012). medium-size business when complying with relevant The Doing Business methodology has limitations. Other regulations. It measures and tracks changes in areas important to business—such as an economy’s regulations affecting 11 areas in the life cycle of a proximity to large markets, the quality of its business: starting a business, dealing with construction infrastructure services (other than those related to permits, getting electricity, registering property, trading across borders and getting electricity), the getting credit, protecting investors, paying taxes, security of property from theft and looting, the trading across borders, enforcing contracts, resolving transparency of government procurement, insolvency and employing workers. macroeconomic conditions or the underlying strength In a series of annual reports Doing Business presents of institutions—are not directly studied by Doing quantitative indicators on business regulations and the Business. The indicators refer to a specific type of protection of property rights that can be compared business, generally a local limited liability company across 189 economies, from Afghanistan to Zimbabwe, operating in the largest business city. Because over time. The data set covers 47 economies in Sub- standard assumptions are used in the data collection, Saharan Africa, 33 in Latin America and the Caribbean, comparisons and benchmarks are valid across 25 in East Asia and the Pacific, 25 in Eastern Europe economies. The data not only highlight the extent of and Central Asia, 20 in the Middle East and North obstacles to doing business; they also help identify the Africa and 8 in South Asia, as well as 31 OECD high- source of those obstacles, supporting policy makers in income economies. The indicators are used to analyze designing regulatory reform. economic outcomes and identify what reforms have More information is available in the full report. Doing worked, where and why. Business 2014 presents the indicators, analyzes their This economy profile presents the Doing Business relationship with economic outcomes and presents indicators for South Sudan. To allow useful business regulatory reforms. The data, along with comparison, it also provides data for other selected information on ordering Doing Business 2014, are economies (comparator economies) for each indicator. available on the Doing Business website at The data in this report are current as of June 1, 2013 http://www.doingbusiness.org. Doing Business 2014 South Sudan 5 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s regulatory environment for business, a good place to ECONOMY OVERVIEW start is to find out how it compares with the regulatory environment in other economies. Doing Business provides an aggregate ranking on the ease of doing Region: Sub-Saharan Africa business based on indicator sets that measure and benchmark regulations applying to domestic small to Income category: Low income medium-size businesses through their life cycle. Economies are ranked from 1 to 189 by the ease of Population: 10,837,527 doing business index. For each economy the index is calculated as the ranking on the simple average of its GNI per capita (US$): 650 percentile rankings on each of the 10 topics included in the index in Doing Business 2014: starting a business, DB2014 rank: 186 dealing with construction permits, getting electricity, registering property, getting credit, protecting DB2013 rank: 184* investors, paying taxes, trading across borders, Change in rank: -2 enforcing contracts and resolving insolvency. The ranking on each topic is the simple average of the DB 2014 DTF: 33.58 percentile rankings on its component indicators (see the data notes for more details). The employing workers DB 2013 DTF: 35.88 indicators are not included in this year’s aggregate ease of doing business ranking, but the data are presented Change in DTF: -2.32 in this year’s economy profile. The aggregate ranking on the ease of doing business * DB2013 ranking shown is not last year’s published benchmarks each economy’s performance on the ranking but a comparable ranking for DB2013 that indicators against that of all other economies in the captures the effects of such factors as data Doing Business sample (figure 1.1). While this ranking corrections and the addition of 4 economies (Libya, tells much about the business environment in an Myanmar, San Marino and South Sudan) to the economy, it does not tell the whole story. The ranking on sample this year. See the data notes for sources and the ease of doing business, and the underlying definitions. indicators, do not measure all aspects of the business environment that matter to firms and investors or that affect the competitiveness of the economy. Still, a high ranking does mean that the government has created a regulatory environment conducive to operating a business. Doing Business 2014 South Sudan 6 THE BUSINESS ENVIRONMENT Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2014 South Sudan 7 THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy relative to the regional average (figure 1.2). The stands in the aggregate ranking on the ease of economy’s rankings on the topics included in the doing business is useful. Also useful is to know how ease of doing business index provide another it ranks relative to comparator economies and perspective (figure 1.3). Figure 1.2 How South Sudan and comparator economies rank on the ease of doing business Source: Doing Business database. Doing Business 2014 South Sudan 8 THE BUSINESS ENVIRONMENT Figure 1.3 How South Sudan ranks on Doing Business topics Source: Doing Business database. Doing Business 2014 South Sudan 9 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part business regulation—such as a regulatory process that of the story (table 1.1). The indicators, on their own or can be completed with a small number of procedures in comparison with the indicators of a good practice in a few days and at a low cost. Comparison of the economy or those of comparator economies in the economy’s indicators today with those in the previous region, may reveal bottlenecks reflected in large year may show where substantial bottlenecks persist — numbers of procedures, long delays or high costs. Or and where they are diminishing. they may reveal unexpected strengths in an area of Table 1.1 Summary of Doing Business indicators for South Sudan Best performer globally South Sudan DB2014 South Sudan DB2013 Tanzania DB2014 Ethiopia DB2014 Rwanda DB2014 Uganda DB2014 Indicator Sudan DB2014 Kenya DB2014 DB2014 Starting a Business 140 135 166 134 9 131 119 151 New Zealand (1) (rank) Procedures (number) 13 13 9 10 2 10 9 15 New Zealand (1)* Time (days) 17.0 17.0 15.0 32.0 2.0 36.0 26.0 32.0 New Zealand (0.5) Cost (% of income per 372.1 192.3 100.1 38.2 4.4 20.7 27.7 78.3 Slovenia (0.0) capita) Paid-in Min. Capital (% 0.0 0.0 184.2 0.0 0.0 0.0 0.0 0.0 112 Economies (0.0)* of income per capita) Dealing with Hong Kong SAR, Construction Permits 171 162 55 47 85 167 177 143 China (1) (rank) Hong Kong SAR, Procedures (number) 24 24 9 9 13 16 19 16 China (6) Time (days) 124.0 124.0 128.0 125.0 104.0 270.0 206.0 146.0 Singapore (26.0) Doing Business 2014 South Sudan 10 Best performer globally South Sudan DB2014 South Sudan DB2013 Tanzania DB2014 Ethiopia DB2014 Rwanda DB2014 Uganda DB2014 Indicator Sudan DB2014 Kenya DB2014 DB2014 Cost (% of income per 1,427.4 741.3 203.9 191.3 375.7 248.8 490.9 742.9 Qatar (1.1) capita) Getting Electricity 184 178 91 166 53 113 102 178 Iceland (1) (rank) Procedures (number) 6 6 4 6 4 5 4 6 10 Economies (3)* Time (days) 468 468 95 158 30 70 109 132 Germany (17) Cost (% of income per 4,976.7 2,571.7 1,879.5 1,090.7 4,018.7 3,435.1 1,690.6 13,456.7 Japan (0.0) capita) Registering Property 183 180 113 163 8 41 146 126 Georgia (1) (rank) Procedures (number) 9 9 10 9 3 6 8 11 4 Economies (1)* Time (days) 50.0 50.0 41.0 73.0 12.0 9.0 68.0 47.0 New Zealand (1.0)* Cost (% of property 16.2 15.4 2.1 4.3 0.2 2.8 4.5 2.6 5 Economies (0.0)* value) Getting Credit (rank) 180 177 109 13 13 170 130 42 Malaysia (1)* Strength of legal rights 3 3 4 10 8 4 7 7 10 Economies (10)* index (0-10) Depth of credit 0 0 4 4 6 0 0 5 31 Economies (6)* information index (0-6) Public registry coverage 0.0 0.0 0.1 0.0 2.1 0.0 0.0 0.0 Portugal (100.0)* (% of adults) Private bureau 0.0 0.0 0.0 4.7 13.0 0.0 0.0 4.1 22 Economies (100.0)* coverage (% of adults) Protecting Investors 182 182 157 98 22 157 98 115 New Zealand (1) (rank) Extent of disclosure 2 2 3 3 7 0 3 3 10 Economies (10)* Doing Business 2014 South Sudan 11 Best performer globally South Sudan DB2014 South Sudan DB2013 Tanzania DB2014 Ethiopia DB2014 Rwanda DB2014 Uganda DB2014 Indicator Sudan DB2014 Kenya DB2014 DB2014 index (0-10) Extent of director 1 1 4 2 9 6 4 5 Cambodia (10) liability index (0-10) Ease of shareholder 4 4 3 10 4 4 8 6 3 Economies (10)* suits index (0-10) Strength of investor 2.3 2.3 3.3 5.0 6.7 3.3 5.0 4.7 New Zealand (9.7) protection index (0-10) United Arab Emirates Paying Taxes (rank) 92 67 109 166 22 108 141 98 (1) Payments (number per Hong Kong SAR, 36 32 30 41 17 42 48 31 year) China (3)* United Arab Emirates Time (hours per year) 218 218 306 308 113 180 176 209 (12) Trading Across Borders 187 187 166 156 162 155 139 164 Singapore (1) (rank) Documents to export 10 10 7 8 7 7 7 7 Ireland (2)* (number) Time to export (days) 55 55 44 26 26 32 18 30 5 Economies (6)* Cost to export (US$ per 5,335 5,335 2,180 2,255 3,245 2,050 1,090 2,800 Malaysia (450) container) Documents to import 12 12 10 9 9 7 11 10 Ireland (2)* (number) Time to import (days) 130 130 44 26 30 46 31 33 Singapore (4) Cost to import (US$ per 9,285 9,285 2,760 2,350 4,990 2,900 1,615 3,375 Singapore (440) container) Enforcing Contracts 87 88 44 151 40 154 42 117 Luxembourg (1) (rank) Doing Business 2014 South Sudan 12 Best performer globally South Sudan DB2014 South Sudan DB2013 Tanzania DB2014 Ethiopia DB2014 Rwanda DB2014 Uganda DB2014 Indicator Sudan DB2014 Kenya DB2014 DB2014 Time (days) 228 228 530 465 230 810 515 490 Singapore (150) Cost (% of claim) 30.0 30.0 15.2 47.2 78.7 19.8 14.3 44.9 Bhutan (0.1) Procedures (number) 48 48 38 44 23 53 38 38 Singapore (21)* Resolving Insolvency 189 189 75 123 137 89 134 79 Japan (1) (rank) no no Time (years) 1.8 4.5 2.5 2.0 3.0 2.2 Ireland (0.4) practice practice no no Cost (% of estate) 15 22 29 20 22 30 Norway (1) practice practice Outcome (0 as no no piecemeal sale and 1 as 0 1 0 0 0 1 practice practice going concern) Recovery rate (cents on 0.0 0.0 36.9 24.7 19.0 33.2 21.4 36.0 Japan (92.8) the dollar) Note: DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB2013 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. For more information on “no practice” marks, see the data notes. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2014 South Sudan 13 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for business owners and employees. Legal entities can INDICATORS MEASURE outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as Preregistration (for example, name well as to new markets. And their employees can verification or reservation, notarization) benefit from protections provided by the law. An additional benefit comes with limited liability Registration in the economy’s largest companies. These limit the financial liability of business city company owners to their investments, so personal Postregistration (for example, social security assets of the owners are not put at risk. Where registration, company seal) governments make registration easy, more entrepreneurs start businesses in the formal sector, Time required to complete each procedure creating more good jobs and generating more (calendar days) revenue for the government. Does not include time spent gathering What do the indicators cover? information Doing Business measures the ease of starting a Each procedure starts on a separate day (2 business in an economy by recording all procedures cannot start on the same day). procedures officially required or commonly done in Procedures that can be fully completed practice by an entrepreneur to start up and online are an exception to this rule. formally operate an industrial or commercial Procedure completed once final document is business—as well as the time and cost required to received complete these procedures. It also records the paid-in minimum capital that companies must No prior contact with officials deposit before registration (or within 3 months). Cost required to complete each procedure The ranking on the ease of starting a business is (% of income per capita) the simple average of the percentile rankings on the 4 component indicators: procedures, time, cost Official costs only, no bribes and paid-in minimum capital requirement. No professional fees unless services required To make the data comparable across economies, by law Doing Business uses several assumptions about the Paid-in minimum capital (% of income business and the procedures. It assumes that all per capita) information is readily available to the entrepreneur and that there has been no prior contact with Deposited in a bank or with a notary before officials. It also assumes that the entrepreneur will registration (or within 3 months) pay no bribes. And it assumes that the business:  Has a start-up capital of 10 times income per  Is a limited liability company, located in the capita. largest business city and is 100% domestically  Has a turnover of at least 100 times income per owned. capita.  Has between 10 and 50 employees.  Does not qualify for any special benefits.  Conducts general commercial or industrial  Does not own real estate. activities. Doing Business 2014 South Sudan 14 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in South Sudan? days, costs 372.1% of income per capita and requires According to data collected by Doing Business, starting paid-in minimum capital of 0.0% of income per capita a business there requires 13 procedures, takes 17.0 (figure 2.1). Figure 2.1 What it takes to start a business in South Sudan Paid-in minimum capital (% of income per capita): 0.0 Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the starting a business indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2014 South Sudan 15 STARTING A BUSINESS Globally, South Sudan stands at 140 in the ranking of and the regional average ranking provide other useful 189 economies on the ease of starting a business information for assessing how easy it is for an (figure 2.2). The rankings for comparator economies entrepreneur in South Sudan to start a business. Figure 2.2 How South Sudan and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2014 South Sudan 16 STARTING A BUSINESS What are the changes over time? The benchmarks provided by the economies that over 2.3) can help show what is possible in making it easier time have had the best performance regionally or to start a business. And changes in regional averages globally on the procedures, time, cost or paid-in can show where South Sudan is keeping up—and minimum capital required to start a business (figure where it is falling behind. Figure 2.3 Has starting a business become easier over time? Procedures (number) Time (days) Doing Business 2014 South Sudan 17 STARTING A BUSINESS Cost (% of income per capita) Paid-in minimum capital (% of income per capita) Note: Ninety economies globally have no paid-in minimum capital requirement. DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB2013 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. Source: Doing Business database. Doing Business 2014 South Sudan 18 STARTING A BUSINESS Economies around the world have taken steps making greater firm satisfaction and savings and more it easier to start a business—streamlining procedures registered businesses, financial resources and job by setting up a one-stop shop, making procedures opportunities. simpler or faster by introducing technology and What business registration reforms has Doing Business reducing or eliminating minimum capital requirements. recorded in South Sudan (table 2.1)? Many have undertaken business registration reforms in stages—and they often are part of a larger regulatory reform program. Among the benefits have been Table 2.1 How has South Sudan made starting a business easier—or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 19 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY South Sudan is a set of specific procedures —the bureaucratic and legal steps that an entrepreneur must complete to incorporate and register a new City: Juba firm. These are identified by Doing Business through collaboration with relevant local Legal Form: LLC professionals and the study of laws, regulations and Paid in Minimum Capital Requirement: None publicly available information on business entry in that economy. Following is a detailed summary of Start-up Capital: 10 times GNI per capita those procedures, along with the associated time and cost. These procedures are those that apply to a company matching the standard assumptions (the “standardized company”) used by Doing Business in collecting the data (see the section in this chapter on what the indicators measure). Summary of procedures for starting a business in South Sudan—and the time and cost Time to No. Procedure Cost to complete complete Reserve the company name at the Business Registry The entrepreneur submits a standard form with three different business names to check the availability. Once the availability is confirmed, the entrepreneur can reserve the name, which will be valid for 30 days. Cost included in 1 The name search has been computerized. This process can be 1 day procedure 3 completed on the spot at the Business Registry. The ‘data officer’ signs the name search form approving the name of the company. Prepare the company documents with a lawyer The entrepreneur prepares the Memorandum and Articles of Association with a lawyer. The Business Registry requires entrepreneurs 1 day SSP 2,500 2 to use a lawyer to draft the MoA. The MoA has to state the objectives of the company; list the shareholders and include the article of association. Pay all the fees to register a business at the cashier office of the Business Registry 15 SSP for the All fees are paid at once, before submitting the final documents to name search+25 for obtain the certificate of incorporation. The fees are paid at a cashier 1 day application form + 3 officer located at the business registry. The lawyer or the entrepreneur SSP 1145 for obtains a receipt as proof of payment. certificate The fees for incorporation have been approved by the Ministry of Finance in 2011. Doing Business 2014 South Sudan 20 Time to No. Procedure Cost to complete complete Obtain the Certificate of Incorporation from the Business Registry The advocate collects the necessary documents (name search form signed, MoA and receipt of payment) at the business registry and obtains the Certificate of Incorporation. At the registry, the documents are assigned to one of the legal counselors seated at the business registry. There are 9 people working as legal counselors divided in 3 sections: 4 for limited liability fees included in 4 companies, 3 for business names and partnerships and 2 for NGOs. 2 days procedure 3 They check the activities, capital and shareholders of the companies. After approval by the legal counselors, the certificate of registration is printed and signed by the Registrar. The Registrar is the only person who can sign the certificate. This certificate has to be renewed at the registry every year. Obtain an Operating License from the Government of Central Equatoria The entrepreneur fills in a form, presents the Certificate of Incorporation 5 and indicates the address of the company headquarters; also pays the 2 days SSP 2,000 fees. An official from the Directorate of Trade should visit the office to confirm its whereabouts, but it does not happen in practice. * Obtain a Trading License from the payam (Juba city authority) 4 days An application form is filled out and the companies' documents are (simultaneous with 6 SSP 1,800 submitted to the Executive Director at the payam. previous procedure) * Inspection by the payam 1 day (simultaneous with 7 The payam does an inspection of the premises of the business. no charge previous procedure) * Register with the Ministry of Finance and request a Tax Identification Number (TIN) 7 days (simultaneous with 8 Companies need to obtain a TIN number from the Government of no charge previous South Sudan. procedure) Doing Business 2014 South Sudan 21 Time to No. Procedure Cost to complete complete * Inspection by the Ministry of Finance to deliver the TIN number 1 day The directorate of taxation inspects the location to verify the address. (simultaneous with 9 The Ministry of Finance wants to reduce the occurrence of ‘brief-case’ no charge previous companies (people working at home or from a hotel). procedure) * Register with the Chamber of Commerce All businesses have to be registered at the Chamber of Commerce. This is not a requirement by law, however, most businesses feel compelled to register at the Chamber of Commerce. Additionally, the membership 7 days card is required to open a bank account. (simultaneous with 10 SSP 600 previous Only the certificate of incorporation is needed to register with the procedure) Chamber of Commerce. * Register with the Ministry of Labor Part X of the Labor Act of Sudan (1997) establishes that the company 1 day must deposit the basic work and penalties regulations with the (simultaneous with 11 competent labor office. The Ministry of Labor approves the contract of no charge previous the company’s employees. Once a year, the Ministry of Labor requests procedure) the company to submit the list of employees. * Open a separate bank account for social security payments There is no social security fund or institution yet in South Sudan. As a temporary measure, the Ministry of Public Labor, Public Service & 1 day Human Resource Development of the Government of Southern Sudan (simultaneous with 12 issued a circular (Circular J/5/21, March 22, 2010) instructing companies no charge previous to open a separate bank account to deposit social security payments procedure) until a new mechanism is devised. The directive is still applicable as of 2013 (however most companies do not comply with it). * Obtain a company seal 1 day The Company Act of 2012 requires companies to obtain a company (simultaneous with 13 SSP 90 seal. The seals can be acquired at any shop. previous procedure) * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2014 South Sudan 22 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid PERMITS INDICATORS MEASURE excessive constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in Procedures to legally build a warehouse time and money, many builders opt out. They may (number) pay bribes to pass inspections or simply build Submitting all relevant documents and illegally, leading to hazardous construction that obtaining all necessary clearances, licenses, puts public safety at risk. Where compliance is permits and certificates simple, straightforward and inexpensive, everyone Submitting all required notifications and is better off. receiving all necessary inspections What do the indicators cover? Obtaining utility connections for water, Doing Business records the procedures, time and sewerage and a land telephone line cost for a business in the construction industry to Registering the warehouse after its obtain all the necessary approvals to build a completion (if required for use as collateral or warehouse in the economy’s largest business city, for transfer of the warehouse) connect it to basic utilities and register the Time required to complete each procedure property so that it can be used as collateral or (calendar days) transferred to another entity. Does not include time spent gathering The ranking on the ease of dealing with information construction permits is the simple average of the Each procedure starts on a separate day. percentile rankings on its component indicators: Procedures that can be fully completed online procedures, time and cost. are an exception to this rule. To make the data comparable across economies, Procedure considered completed once final Doing Business uses several assumptions about the document is received business and the warehouse, including the utility connections. No prior contact with officials The business: Cost required to complete each procedure (% of income per capita)  Is a limited liability company operating in Official costs only, no bribes the construction business and located in the largest business city.  Will be connected to water, sewerage (sewage system, septic tank or their  Is domestically owned and operated. equivalent) and a fixed telephone line. The  Has 60 builders and other employees. connection to each utility network will be 10 The warehouse: meters (32 feet, 10 inches) long.  Is a new construction (there was no  Will be used for general storage, such as of previous construction on the land). books or stationery (not for goods requiring special conditions).  Has complete architectural and technical plans prepared by a licensed architect or  Will take 30 weeks to construct (excluding all engineer. delays due to administrative and regulatory requirements). Doing Business 2014 South Sudan 23 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to permits there requires 24 procedures, takes 124.0 days build a warehouse in South Sudan? According to data and costs 1427.4% of income per capita (figure 3.1). collected by Doing Business, dealing with construction Figure 3.1 What it takes to comply with formalities to build a warehouse in South Sudan Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the dealing with construction permits indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2014 South Sudan 24 DEALING WITH CONSTRUCTION PERMITS Globally, South Sudan stands at 171 in the ranking of ranking provide other useful information for assessing 189 economies on the ease of dealing with how easy it is for an entrepreneur in South Sudan to construction permits (figure 3.2). The rankings for legally build a warehouse. comparator economies and the regional average Figure 3.2 How South Sudan and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2014 South Sudan 25 DEALING WITH CONSTRUCTION PERMITS What are the changes over time? The benchmarks provided by the economies that over what is possible in making it easier to deal with time have had the best performance regionally or construction permits. And changes in regional globally on the procedures, time or cost required to averages can show where South Sudan is keeping deal with construction permits (figure 3.3) help show up—and where it is falling behind. Figure 3.3 Has dealing with construction permits become easier over time? Procedures (number) Time (days) Doing Business 2014 South Sudan 26 DEALING WITH CONSTRUCTION PERMITS Cost (% of income per capita) Note: DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB201 3 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. For more information on “no practice” marks, see the data notes. Source: Doing Business database. Doing Business 2014 South Sudan 27 DEALING WITH CONSTRUCTION PERMITS Smart regulation ensures that standards are met while building safety while keeping compliance costs making compliance easy and accessible to all. reasonable, governments around the world have Coherent and transparent rules, efficient processes and worked on consolidating permitting requirements. adequate allocation of resources are especially What construction permitting reforms has Doing important in sectors where safety is at stake. Business recorded in South Sudan (table 3.1)? Construction is one of them. In an effort to ensure Table 3.1 How has South Sudan made dealing with construction permits easier—or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 28 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for South Sudan are BUILDING A WAREHOUSE based on a set of specific procedures—the steps that a company must complete to legally build a warehouse—identified by Doing Business through City : Juba information collected from experts in construction licensing, including architects, civil engineers, Estimated construction lawyers, construction firms, utility SSP 1,182,855 Warehouse Value : service providers and public officials who deal with building regulations. These procedures are those The procedures, along with the associated time and that apply to a company and structure matching cost, are summarized below. the standard assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). Summary of procedures for dealing with construction permits in South Sudan —and the time and cost Time to No. Procedure Cost to complete complete Request and obtain a croquis If Buildco has owned the land for more than one year, it must first obtain a croquis (site map), detailing the dimensions and location of the plot where the construction will be undertaken, from the Survey Department of the Ministry of Housing, Physical Planning and Environment. No document needs to be submitted. Buildco simply applies and pays the fees to the survey department, who issues the croquis on the spot. The cost of the croquis depends on the location of the plot: 7 days SSP 125 1 a. 1st class area: SDG 240; b. 2nd class area: SDG 125; c. 3rd class area: SDG 62. A commercial building such as the one Buildco intends to build is most likely to be constructed in a 2nd class area. Obtain approval of the building plans By law, construction companies must submit building plans to the Construction Department of the Ministry of Housing, Physical Planning and Environment for approval. At the Ministry, BuildCo must submit the 2 following documents: 14 days SSP 3,000 a. Proof of land ownership (lease and search certificate issued by the High Court); b. Croquis (site plan) issued by the Survey Department; c. Building plans – architectural drawings, structural drawings, floor Doing Business 2014 South Sudan 29 Time to No. Procedure Cost to complete complete plans, elevations, plumbing drawings and electrical drawings. The plans are sent to the ‘Drawing Room’ within the Ministry where architects, engineers (civil and electrical) review and approve the building plans. Engineers at the Ministry check the building plans and recommend them to the Director General for approval. Once the plans have been approved and signed by the Director General, BuildCo must pay the fees at the Revenue Office within the Ministry. In practice, however, few construction companies seek to obtain a construction permit for private commercial buildings. Most construction companies obtain permits either for large public projects, constructions designed to house NGOs and international organizations, or projects needing a bank loan (for which a construction permit is required). Receive on-site inspection by the Ministry of Housing, Physical Planning and Environment The Ministry of Housing, Physical Planning and Environment inspects 1 day no charge 3 the site to check that the documents submitted conform to the site on which BuildCo intends to build. Request and obtain building permit BuildCo applies to the payam for a construction permit, pays the fees, and submits the plans approved by the Ministry of Physical Infrastructure, along with Form 34, the application form for building permit. On the application, BuildCo must clarify whether the land is leasehold or freehold, specify the proposed use of the land, provide an estimate of the construction value and identify which materials will be used for the construction. Engineers from the payam check the building plans and if the construction abides by the city’s construction requirements, they will transfer Form 34 and the building plans to the Council for consideration. If the Council has no objection, the payam issues four copies of the building permit (Form 35) signed by the Executive Director. One is given to BuildCo, one to the town surveyors, 7 days SSP 6,953 4 and two remain with the payam. On the building permit it is mentioned that the payam must be notified when the foundation and roofing are completed, and once construction is completed, but this rarely happens in practice. The fees depend on the type of building and are paid at a cashier’s desk at the City Council. There is one officer dedicated for construction permits at the City Council. The city council delivers a building certificate. The fees are as follows for BuildCo’s warehouse: • SDG 200 for Form 34 • SDG 250 for Form 35 Doing Business 2014 South Sudan 30 Time to No. Procedure Cost to complete complete • SDG 5 per square meter of the construction Receive on-site inspection by the Payam The Payam is required to conduct an inspection of the plot prior to 5 issuing the permit. However, this inspection rarely happens in practice 1 day no charge for private commercial buildings. Request to have the plot and the building surface pegged After receiving the building permit from the Payam, BuildCo applies to the Survey Department to have its plot and the building surface 30 days SSP 300 6 pegged. After pegging the plot, the team signs the building permit and BuildCo is free to start construction. Receive inspection by the Ministry of Housing, Physical Planning and Environment - I The Ministry of Housing, Physical Planning and Environment will 1 day no charge 7 conduct random inspections about once per month. Construction work does not stop during these inspections. Receive inspection by the Ministry of Housing, Physical Planning and Environment - II The Ministry of Housing, Physical Planning and Environment will 1 day no charge 8 conduct random inspections about once per month. Construction work does not stop during these inspections. Receive inspection by the Ministry of Housing, Physical Planning and Environment - III The Ministry of Housing, Physical Planning and Environment will 1 day no charge 9 conduct random inspections about once per month. Construction work does not stop during these inspections. Receive inspection by the Ministry of Housing, Physical Planning and Environment - IV The Ministry of Housing, Physical Planning and Environment will 1 day no charge 10 conduct random inspections about once per month. Construction work does not stop during these inspections. Doing Business 2014 South Sudan 31 Time to No. Procedure Cost to complete complete Receive inspection by the Ministry of Housing, Physical Planning and Environment - V The Ministry of Housing, Physical Planning and Environment will 1 day no charge 11 conduct random inspections about once per month. Construction work does not stop during these inspections. Receive inspection by the Ministry of Housing, Physical Planning and Environment - VI The Ministry of Housing, Physical Planning and Environment will 1 day no charge 12 conduct random inspections about once per month. Construction work does not stop during these inspections. Receive inspection by the Ministry of Housing, Physical Planning and Environment - VII The Ministry of Housing, Physical Planning and Environment will 1 day no charge 13 conduct random inspections about once per month. Construction work does not stop during these inspections. * Receive inspection by the Payam once the excavation is completed When BuildCo applies for a building permit, the Payam assigns a team of public engineers to monitor the project. The team is legally 1 day no charge 14 mandated to inspect the building when the excavation, roofing and drainage have been completed and to submit a progress report chart attached to the completed Form 34 previously submitted by BuildCo. Receive inspection by the Payam once the roofing is completed When BuildCo applies for a building permit, the Payam assigns a team of public engineers to monitor the project. The team is legally 15 mandated to inspect the building when the excavation, roofing and 1 day no charge drainage have been completed and to submit a progress report chart attached to the completed Form 34 previously submitted by BuildCo. Receive inspection by the Payam once the drainage is completed When BuildCo applies for a building permit, the Payam assigns a team of public engineers to monitor the project. The team is legally 16 mandated to inspect the building when the excavation, roofing and 1 day no charge drainage have been completed and to submit a progress report chart attached to the completed Form 34 previously submitted by BuildCo. Doing Business 2014 South Sudan 32 Time to No. Procedure Cost to complete complete Request and receive final inspection by the Payam By law, BuildCo is required to notify the Payam once construction is 1 day no charge 17 completed, so that the Payam can conduct a final inspection. Obtain certificate of completion from the Payam Payam is the agency mandated by law to issue the certificate of completion. Once the Payam conducts the final inspection, they issue a 18 certificate of completion (Form number 9). However, in practice, few 1 day SSP 150 construction companies request and receive this certificate. Obtain certificate of completion from the Ministry of Housing, Physical Planning and Environment 19 In practice, the Ministry also issues a certificate of completion at the 1 day no charge end of the construction. Receive fire safety inspection The Civil Defense must inspect the building to ensure it has been built 1 day SSP 300 20 according to the fire safety rules. Apply for water and sewage connection 21 1 day no charge Receive inspection for water and sewage connection An engineer from the Water Corporation inspects the property and lists 1 day no charge 22 the requirements for the water connection. Obtain water and sewage connection The construction is done by the Water Corporation. Extensive follow-up 48 days USD 1,170 23 is necessary in order to obtain the connection. * Request and obtain a permanent satellite phone connection There is no functioning fixed phone line system in Juba. Satellite phones are the only fixed infrastructure alternative. 24 3 days SSP 16,575 The phone is often plugged to a fixed station connected by cable to a VAST antenna/dish. Several companies already provide the necessary equipment in Juba. The equipment is available in situ. Engineers representing the phone company in Juba assist in the installation for the cost of SDG 2,210 (US$1,000). The equipment necessary to obtain Doing Business 2014 South Sudan 33 Time to No. Procedure Cost to complete complete quality phone connection in Juba, including the phone, the station, the cable and the antenna/dish, costs about SDG 14,365 (US$ 6,500). Many Southern Sudanese companies and entrepreneurs also use cellphones, with a subscription to one of the operators available in the country (Zain, Vivacell and Gemtel). Since inter-network connectivity is still not very reliable, it is not uncommon for entrepreneurs to own several cellphones. * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2014 South Sudan 34 GETTING ELECTRICITY Access to reliable and affordable electricity is vital WHAT THE GETTING ELECTRICITY for businesses. To counter weak electricity supply, many firms in developing economies have to rely INDICATORS MEASURE on self-supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the Procedures to obtain an electricity first step for a customer is always to gain access by connection (number) obtaining a connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for Completing all required notifications and a local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized warehouse, as well as the time and cost to Obtaining external installation works and complete them. These procedures include possibly purchasing material for these works applications and contracts with electricity utilities, Concluding any necessary supply contract and clearances from other agencies and the external obtaining final supply and final connection works. The ranking on the ease of getting electricity is the simple average of Time required to complete each procedure the percentile rankings on its component (calendar days) indicators: procedures, time and cost. To make the Is at least 1 calendar day data comparable across economies, several assumptions are used. Each procedure starts on a separate day The warehouse: Does not include time spent gathering information  Is located in the economy’s largest business city, in an area where other Reflects the time spent in practice, with little warehouses are located. follow-up and no prior contact with officials  Is not in a special economic zone where Cost required to complete each procedure the connection would be eligible for (% of income per capita) subsidization or faster service. Official costs only, no bribes  Has road access. The connection works Excludes value added tax involve the crossing of a road or roads but are carried out on public land.  Is to either the low-voltage or the medium-  Is a new construction being connected to voltage distribution network and either overhead electricity for the first time. or underground, whichever is more common in the economy and area where the warehouse is  Has 2 stories, both above ground, with a located. The length of any connection in the total surface of about 1,300.6 square customer’s private domain is negligible. meters (14,000 square feet), and is built on a plot of 929 square meters (10,000 square  Requires crossing of a 10-meter road but all the feet). works are carried out in a public land, so there is no crossing into other people's private property. The electricity connection:  Involves installing one electricity meter. The  Is 150 meters long and is a 3-phase, 4-wire Y, monthly electricity consumption will be 0.07 140-kilovolt-ampere (kVA) (subscribed gigawatt-hour (GWh). The internal electrical capacity) connection. wiring has been completed. Doing Business 2014 South Sudan 35 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity requires 6 procedures, takes 468 days and costs connection in South Sudan? According to data 4976.7% of income per capita (figure 4.1). collected by Doing Business, getting electricity there Figure 4.1 What it takes to obtain an electricity connection in South Sudan Note: Time shown in the figure above may not reflect simultaneity of procedures. For more information on the methodology of the getting electricity indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2014 South Sudan 36 GETTING ELECTRICITY Globally, South Sudan stands at 184 in the ranking of perspective in assessing how easy it is for an 189 economies on the ease of getting electricity entrepreneur in South Sudan to connect a warehouse (figure 4.2). The rankings for comparator economies to electricity. and the regional average ranking provide another Figure 4.2 How South Sudan and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2014 South Sudan 37 GETTING ELECTRICITY Even more helpful than rankings on the ease of getting performers on these indicators may provide useful electricity may be the indicators underlying those benchmarks. rankings (table 4.1). And regional and global best Table 4.1 The ease of getting electricity in South Sudan Best performer in South Sudan South Sudan Best performer Indicator Sub-Saharan Africa DB2014 DB2013 globally DB2014 DB2014 Rank 184 178 Mauritius (48) Iceland (1) Procedures (number) 6 6 Comoros (3) 10 Economies* (3) Time (days) 468 468 Rwanda (30) Germany (17) Cost (% of income per capita) 4,976.7 2,571.7 Mauritius (281.1) Japan (0.0) Note: DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB201 3 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. * Two or more economies share the top ranking on this indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2014 South Sudan 38 GETTING ELECTRICITY Obtaining an electricity connection is essential to safety in the connection process while keeping enable a business to conduct its most basic operations. connection costs reasonable, governments around the In many economies the connection process is world have worked to consolidate requirements for complicated by the multiple laws and regulations obtaining an electricity connection. What reforms in involved—covering service quality, general safety, getting electricity has Doing Business recorded in technical standards, procurement practices and South Sudan (table 4.2)? internal wiring installations. In an effort to ensure Table 4.2 How has South Sudan made getting electricity easier —or not? By Doing Business report year DB year Reform DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Source: Doing Business database. Doing Business 2014 South Sudan 39 GETTING ELECTRICITY What are the details? The indicators reported here for South Sudan are OBTAINING AN ELECTRICITY CONNECTION based on a set of specific procedures—the steps that an entrepreneur must complete to get a warehouse connected to electricity by the local distribution City: Juba utility—identified by Doing Business. Data are collected from the distribution utility, then completed and Name of Utility: South Sudan Electricity verified by electricity regulatory agencies and Company independent professionals such as electrical engineers, The procedures are those that apply to a warehouse electrical contractors and construction companies. The and electricity connection matching the standard electricity distribution utility surveyed is the one assumptions used by Doing Business in collecting the serving the area (or areas) in which warehouses are data (see the section in this chapter on what the located. If there is a choice of distribution utilities, the indicators cover). The procedures, along with the one serving the largest number of customers is associated time and cost, are summarized below. selected. Summary of procedures for getting electricity in South Sudan—and the time and cost Time to No. Procedure Cost to complete complete The client submits letter to SSEC to request a new electricity connection and awaits external site inspection The client sends a letter to the head of distribution at SSEC or come to SSEC offices to request a new electricity connection. The client must submit a letter of request on headed paper carrying the seal of the company. The request must specify the plot number, the name of the 7 calendar days no charge 1 plot’s owner, as well as the area where the plot is located. The head of distribution assigns a technician from SSEC to inspect the property of the client. There are two technicians to cover the area of Juba. SSEC does site inspection, design and assessment of the necessary material for the connection, and customer submits application The technical team comes to warehouse site to verify: a. The physical location of the premises; b. The material (poles, cables, and switchboard) required to connect the building to the line; 21 calendar days SSP 20.0 2 c. The consumption needs of the facility, which eventually determines what type of meter is needed (1 phase, 3 phases, high current) and whether a transformer is necessary. After the technical team visit, the client discusses with the head of the connection and fills out the application form for new electricity connection once the technician has accessed that the connection is Doing Business 2014 South Sudan 40 Time to No. Procedure Cost to complete complete feasible. All the requests for new connections are signed by the head of the distribution. The client pays the application fees at the cashier office. The application form specifies the address of the client, the required load, the material and the cost for the client. Customer purchases materials required for the external connection works SSEC does not have materials available. The client has to buy all the 30 calendar days SSP 100,000.0 3 materials necessary for the connection. Transformers are usually imported from Kenya or Uganda. SSEC undertakes external connection works Once all the materials are bought by the client, SSEC starts the connection works. The fees are set by the Ministry of Finance. For small houses, the fees are 700 pounds. For a big house, 1100. The transformer 14 calendar days SSP 7,100.0 4 bought by the client is tested by SSEC technicians on the site of the client during the construction of the external connection. Customer signs contract with SSEC to obtain the pre-paid meter and pays the security deposit After the connection has been completed, the client goes to SSEC to sign 5 the supply contract. After the client signs the contract, he obtains a card 1 calendar day SSP 2,205.2 that will allow consuming electricity. SSEC installs meter and turns on electricity When the client has signed the supply contract with SSEC, SSEC can installs the meter at the client’s property. The meters are obtained through procurement handled by the Ministry 6 of finance. The meters are bought from South Africa. SSEC has encounter 395 calendar days no charge some delays at obtain the meters and often meters are not available in SSEC’s stock. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2014 South Sudan 41 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being immovable property (number) accepted as collateral for loans—limiting access to Preregistration (for example, checking for liens, finance. notarizing sales agreement, paying property transfer taxes) What do the indicators cover? Registration in the economy’s largest business Doing Business records the full sequence of city procedures necessary for a business to purchase property from another business and transfer the Postregistration (for example, filing title with the municipality) property title to the buyer’s name. The transaction is considered complete when it is opposable to Time required to complete each procedure third parties and when the buyer can use the (calendar days) property, use it as collateral for a bank loan or Does not include time spent gathering resell it. The ranking on the ease of registering information property is the simple average of the percentile rankings on its component indicators: procedures, Each procedure starts on a separate day. time and cost. Procedures that can be fully completed online are an exception to this rule. To make the data comparable across economies, Procedure considered completed once final several assumptions about the parties to the document is received transaction, the property and the procedures are used. No prior contact with officials The parties (buyer and seller): Cost required to complete each procedure (% of property value)  Are limited liability companies, 100% domestically and privately owned. Official costs only, no bribes  Are located in the economy’s largest No value added or capital gains taxes included business city. and no rezoning is required.  Have 50 employees each, all of whom are  Has no mortgages attached and has been nationals. under the same ownership for the past 10  Perform general commercial activities. years. The property (fully owned by the seller):  Consists of 557.4 square meters (6,000 square feet) of land and a 10-year-old, 2-story  Has a value of 50 times income per capita. warehouse of 929 square meters (10,000 The sale price equals the value. square feet). The warehouse is in good  Is registered in the land registry or cada- condition and complies with all safety stre, or both, and is free of title disputes. standards, building codes and legal requirements. There is no heating system. The  Is located in a periurban commercial zone, property will be transferred in its entirety. Doing Business 2014 South Sudan 42 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in procedures, takes 50.0 days and costs 16.2% of the South Sudan? According to data collected by Doing property value (figure 5.1). Business, registering property there requires 9 Figure 5.1 What it takes to register property in South Sudan Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the total time calculation. For more information on the methodology of the registering property indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2014 South Sudan 43 REGISTERING PROPERTY Globally, South Sudan stands at 183 in the ranking of and the regional average ranking provide other useful 189 economies on the ease of registering property information for assessing how easy it is for an (figure 5.2). The rankings for comparator economies entrepreneur in South Sudan to transfer property. Figure 5.2 How South Sudan and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2014 South Sudan 44 REGISTERING PROPERTY What are the changes over time? The benchmarks provided by the economies that over what is possible in making it easier to register time have had the best performance regionally or property. And changes in regional averages can show globally on the procedures, time or cost required to where South Sudan is keeping up —and where it is complete a property transfer (figure 5.3) help show falling behind. Figure 5.3 Has registering property become easier over time? Procedures (number) Time (days) Doing Business 2014 South Sudan 45 REGISTERING PROPERTY Cost (% of property value) Note: DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB2013 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. For more information on “no practice” marks, see the data notes. Source: Doing Business database. Doing Business 2014 South Sudan 46 REGISTERING PROPERTY Economies worldwide have been making it easier for have cut the time required substantially—enabling entrepreneurs to register and transfer property—such buyers to use or mortgage their property earlier. What as by computerizing land registries, introducing time property registration reforms has Doing Business limits for procedures and setting low fixed fees. Many recorded in South Sudan (table 5.1)? Table 5.1 How has South Sudan made registering property easier—or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 47 REGISTERING PROPERTY What are the details? The indicators reported here are based on a set of STANDARD PROPERTY TRANSFER specific procedures—the steps that a buyer and seller must complete to transfer the property to the buyer’s name—identified by Doing Business through information collected from local property City: Juba lawyers, notaries and property registries. These procedures are those that apply to a transaction Property Value: SSP 109,837 matching the standard assumptions used by Doing Business in collecting the data (see the section in The procedures, along with the associated time and this chapter on what the indicators cover). cost, are summarized below. Summary of procedures for registering property in South Sudan—and the time and cost Time to No. Procedure Cost to complete complete Verify land ownership with a survey engineer from the Survey Department of the Ministry of Housing Prior to closing the negotiations, it is common practice in Juba for the seller and the buyer to visit the plot of land together with a survey engineer from the Survey Department of the Ministry of Housing, Physical Planning and Environment as the addresses are not clearly indicated in the streets of Juba. Before the visit, the seller has to show the following documents to the survey engineer: 7 days no cost 1 a. Copy of the lease; b. Copy of the Search Certificate obtained by the seller when acquiring the plot; c. Copy of the Croquis (site map) obtained by the seller when acquiring the plot. The seller and the buyer bring the survey engineer to the site. The survey engineer testifies that the plot of land belongs to the seller and shows the buyer the position and the dimensions of the plot. Pay the fees for the Search certificate for Sale and for the form 31A at the cashier office at the Land registry cost detailed in 2 1 day the next A receipt is obtained after payment. procedures Doing Business 2014 South Sudan 48 Time to No. Procedure Cost to complete complete Obtain a copy of the Search Certificate for Sale from the Land Registry of the High Court as well as the Confirmation of ownership After the negotiations between the seller and the buyer have been completed and before drafting the deed of transfer with a lawyer, the seller must obtain a Search Certificate for Sale from the Land Registry at the High Court in Juba. In order to obtain the Search Certificate for Sale, the seller has to pay the relevant fees in cash and present the following documents: a. Copy of the lease; For Search b. Copy of the Search Certificate obtained by the seller when acquiring certificate: SDG 8 the plot; (7 pounds for the 3 c. Copy of the Croquis (site map) obtained by the seller when acquiring 5 days Search certificate the plot. for Sale + 1 pound The Search Certificate for Sale is valid for 7 days only from the moment it for stamp duty) has been issued. If the certificate is not used within 7 days, the seller would need to return the outdated certificate to the Land Registry in order to obtain a new one. The certificates are not digitalized at the Land registry, the research is done with hard copies. The certificate certified that the seller is the owner of the property. This procedure also alerts the court that a sell will take place. Draft the deed of transfer with an advocate After obtaining the Search Certificate for Sale from the High Court, the seller and the buyer meet an advocate along with two witnesses in order to draft a deed of transfer. In order to draft the deed of transfer, the advocate examines the following documents: a. Copy of the newly-issued Search Certificate of Sale obtained by the seller from the Land Registry of the High Court; b. Copy of the lease (in possession of the seller); 1 day SDG 1,500 4 c. Copy of the Croquis (site map) and confirmation of ownership obtained by the seller when acquiring the plot; d. Identification documents of seller, buyer and their witnesses; e. Affidavit authorizing the representative of the selling company to act on its behalf; f. Affidavit authorizing the representative of the buying company to act on its behalf. It is possible to do the contract at the Court, but the delay is longer. Doing Business 2014 South Sudan 49 Time to No. Procedure Cost to complete complete Obtain Form for Consent to Assign Premises held on Lease (Form 31A) from the Land Registry at the High Court SDG 5 (SDG 3 for administrative fees After drafting the deed, the parties go to the Land Registry of the High 7 days + SDG 1 for 5 Court to obtain Form 31A. This form has to be signed by the Director of application form Lands in order to authorize the transfer of the lease. 31 A + SDG 1 for stamp duty) Pay fees at the cashier office at the Directorate of Land of the Ministry of Housing cost detailed in 6 The fees are to be paid at the cashier office of the Directorate of Land of 1 day the next the Ministry of Housing procedures Obtain leasehold document from the Directorate of Land of the Ministry of Housing In order to change the name of the buyer on the document of lease, the buyer has to pay 10% of the property value and submit the following documents to the Directorate of Land of the Ministry of Physical Infrastructure: a. Form 31A (duly filled); b. Deed of transfer; c. Search Certificate for Sale. 10% of the 7 7 days property value After authorizing the transfer of the leasehold, the Directorate of Land issues three documents to the buyer: a. New lease (bearing the name of the buyer); b. Approval of the Land Authority (Form 31A, signed by the Director of the Land's Authority); c. Receipt of payment. Register the transfer of the lease at the Land Registry of the High Court and obtain a new Search Certificate and a letter to change the lease In order to register the transfer of the leasehold in the name of the buyer, the buyer has to submit the following documents to the Land 2.5% of the Registry of the High Court: property value + a. New lease (bearing the name of the buyer); 14 days 15 pounds for the 8 b. Approval of the Land Authority (Form 31A, signed by the Directors of registration of 2nd the Land class property Authority); c. Receipt of payment from the Directorate of Land. Depending on the time passed from the moment when the deed of transfer was signed by the parties to the moment when the transfer is registered at the Land Registry, the following fees apply: Doing Business 2014 South Sudan 50 Time to No. Procedure Cost to complete complete a. 2.5% of the property value (1 day to 6 months); b. 4% of the property value (6 months to 1 year); c. 6% of the property value (older than 1 year). Fees are paid in cash at the Land Registry of the High Court. Upon receipt of payment, the Registrar transfers the name of the owner in the register books and keeps a copy of the document of transfer. Subsequently, the Registrar issues the buyer with a Search Certificate for change of ownership attesting that the land now belongs to the buyer. The registrar checks the value of the property. If the value seems to low to him, he researches the price of nearby properties and can change the valuation of the property and consequently the fees to pay for transfer. In the process there is no inspection of the property. Request a new croquis (site map) from the Survey Department of the Ministry of Housing In order to complete the transfer of land, the buyer has to obtain a new croquis (site map) from the Survey Department of the Ministry of Physical Infrastructure. This document has to be attached to the other documents officializing the transfer of the lease under the name of the buyer (i.e. Search Certificate issued by the High Court + Leasehold issued by the Land Directorate). In order to obtain this document, the buyer has to present the following documents to the Survey Department: a. Copy of the Lease (bearing the name of the buyer); b. Copy of the Search Certificate. In order to obtain the croquis, the buyer has to pay a fee equal to 2% of the property value in cash to the Survey Department. Upon receipt of 2% of the property payment, the survey engineer will draft a croquis and issue it to the value + 125 for the 9 buyer. The buyer has the right to request the survey engineers to visit 7 days croquis (for 2nd the plot before drawing the croquis. This visit does not carry any Class building) + additional cost and takes place the same day in which the croquis is 200 for the service issued. After receiving the croquis, the buyer attaches it to the other documents attesting the transfer of the lease. The transfer of property is now complete. A croquis (site map), detailing the dimensions and location of the plot where the construction, will be undertaken by the Survey Department of the Ministry of Physical Infrastructure. No document needs to be submitted. BuildCo simply applies and pays the fees to the Survey Department, who issues the croquis on the spot. The cost of the croquis depends on the location of the plot: a. 1st class area: SDG 250; b. 2nd class area: SDG 125; c. 3rd class area: SDG 62. A commercial building such as the one BuildCo intends to build is most likely to be constructed in a 2nd class area. Doing Business 2014 South Sudan 51 * Takes place simultaneously with another procedure. Note: Online procedures account for 0.5 days in the total time calculation. Source: Doing Business database. Doing Business 2014 South Sudan 52 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable lenders’ rights to view a potential borrower’s Strength of legal rights index (0–10) financial history (positive or negative)—valuable Rights of borrowers and lenders through information to consider when assessing risk. And collateral laws they permit borrowers to establish a good credit Protection of secured creditors’ rights through history that will allow easier access to credit. Sound bankruptcy laws collateral laws enable businesses to use their assets, especially movable property, as security to generate Depth of credit information index (0–6) capital—while strong creditors’ rights have been Scope and accessibility of credit information associated with higher ratios of private sector credit distributed by public credit registries and to GDP. private credit bureaus What do the indicators cover? Public credit registry coverage (% of adults) Doing Business assesses the sharing of credit Number of individuals and firms listed in information and the legal rights of borrowers and public credit registry as percentage of adult lenders with respect to secured transactions population through 2 sets of indicators. The depth of credit Private credit bureau coverage (% of adults) information index measures rules and practices Number of individuals and firms listed in affecting the coverage, scope and accessibility of largest private credit bureau as percentage of credit information available through a public credit adult population registry or a private credit bureau. The strength of legal rights index measures whether certain features that facilitate lending exist within the applicable collateral and bankruptcy laws. Doing Business uses case scenarios to determine the scope of the  Has up to 100 employees. secured transactions system, involving a secured  Is 100% domestically owned, as is the lender. borrower and a secured lender and examining legal The ranking on the ease of getting credit is based on restrictions on the use of movable collateral. These the percentile rankings on the sum of its component scenarios assume that the borrower: indicators: the depth of credit information index and  Is a private, incorporated, limited liability the strength of legal rights index. company.  Has its headquarters and only base of operations in the largest business city. Doing Business 2014 South Sudan 53 GETTING CREDIT Where does the economy stand today? How well do the credit information system and Globally, South Sudan stands at 180 in the ranking of collateral and bankruptcy laws in South Sudan 189 economies on the ease of getting credit (figure facilitate access to credit? The economy has a score of 6.1). The rankings for comparator economies and the 0 on the depth of credit information index and a score regional average ranking provide other useful of 3 on the strength of legal rights index (see the information for assessing how well regulations and summary of scoring at the end of this chapter for institutions in South Sudan support lending and details). Higher scores indicate more credit information borrowing. and stronger legal rights for borrowers and lenders. Figure 6.1 How South Sudan and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2014 South Sudan 54 GETTING CREDIT What are the changes over time? While the most recent Doing Business data reflect how institutions and regulations have been strengthened — well the credit information system and collateral and and where they have not (table 6.1). That can help bankruptcy laws in South Sudan support lending and identify where the potential for improvement is borrowing today, data over time can help show where greatest. Table 6.1 The ease of getting credit in South Sudan over time By Doing Business report year Indicator DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 DB2014 Rank .. .. .. .. .. .. .. .. 177 180 Strength of legal rights n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 3 3 index (0-10) Depth of credit n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 0 0 information index (0-6) Public registry coverage n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 0.0 0.0 (% of adults) Private bureau n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 0.0 0.0 coverage (% of adults) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB2013 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. Source: Doing Business database. Doing Business 2014 South Sudan 55 GETTING CREDIT One way to put an economy’s score on the getting and shows the number of economies with this score in credit indicators into context is to see where the 2013 as well as the regional average score. Figure 6.3 economy stands in the distribution of scores across shows the same thing for the depth of credit economies. Figure 6.2 highlights the score on the information index. strength of legal rights index for South Sudan in 2013 Figure 6.2 How strong are legal rights for borrowers Figure 6.3 How much credit information is shared— and lenders? and how widely? Number of economies with each score on strength of legal Number of economies with each score on depth of credit rights index (0–10), 2013 information index (0–6), 2013 Note: Higher scores indicate that collateral and bankruptcy Note: Higher scores indicate the availability of more credit laws are better designed to facilitate access to credit. information, from either a credit registry or a credit bureau, Source: Doing Business database. to facilitate lending decisions. Regional averages for the depth of credit information index exclude economies with no credit registry or credit bureau. Source: Doing Business database. Doing Business 2014 South Sudan 56 GETTING CREDIT When economies strengthen the legal rights of lenders credit information, they can increase entrepreneurs’ and borrowers under collateral and bankruptcy laws, access to credit. What credit reforms has Doing and increase the scope, coverage and accessibility of Business recorded in South Sudan (table 6.2)? Table 6.2 How has South Sudan made getting credit easier—or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 57 GETTING CREDIT What are the details? The getting credit indicators reported here for South The data on the legal rights of borrowers and lenders Sudan are based on detailed information collected in are gathered through a survey of financial lawyers and that economy. The data on credit information sharing verified through analysis of laws and regulations as are collected through a survey of a credit registry well as public sources of information on collateral and and/or credit bureau (if one exists). To construct the bankruptcy laws. For the strength of legal rights index, depth of credit information index, a score of 1 is a score of 1 is assigned for each of 8 aspects related to assigned for each of 6 features of the credit registry or legal rights in collateral law and 2 aspects in credit bureau (see summary of scoring below). bankruptcy law. Summary of scoring for the getting credit indicators in South Sudan Sub-Saharan Africa OECD high income Indicator South Sudan average average Strength of legal rights index (0-10) 3 6 7 Depth of credit information index (0-6) 0 3 5 Public registry coverage (% of adults) 0.0 7.8 42.9 Private bureau coverage (% of adults) 0.0 25.2 73.9 Note: In cases where an economy’s regional classification is “OECD high income,” regional averages above are only displayed once. Regional averages for the depth of credit information index exclude economies with no credit registry or credit bureau. Regional averages for the credit registry coverage exclude economies with no credit registry. Regional averages for the credit bureau coverage exclude economies with no credit bureau. Strength of legal rights index (0–10) Index score: 3 Can any business use movable assets as collateral while keeping possession of the assets; and Yes any financial institution accept such assets as collateral ? Does the law allow businesses to grant a non possessory security right in a single category of No movable assets, without requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of Yes its assets, without requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend automatically No to the products, proceeds or replacements of the original assets ? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties; and can the collateral agreement No include a maximum amount for which the assets are encumbered? Is a collateral registry in operation, that is unified geographically and by asset type, with an No electronic database indexed by debtor's names? Doing Business 2014 South Sudan 58 Strength of legal rights index (0–10) Index score: 3 Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor No defaults outside an insolvency procedure? Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is No liquidated? Are secured creditors either not subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure, or does the law provide secured No creditors with grounds for relief from an automatic stay or/and sets a time limit to it? Does the law allow parties to agree in a collateral agreement that the lender may enforce its Yes security right out of court, at the time a security interest is created? Depth of credit information index (0–6) Credit bureau Credit registry Index score: 0 Are data on both firms and individuals distributed? No No 0 Are both positive and negative data distributed? No No 0 Does the registry distribute credit information from retailers, trade creditors or utility companies as well as No No 0 financial institutions? Are more than 2 years of historical credit information No No 0 distributed? Is data on all loans below 1% of income per capita No No 0 distributed? Is it guaranteed by law that borrowers can inspect No No 0 their data in the largest credit registry? Note: An economy receives a score of 1 if there is a "yes" to either private bureau or public registry. Credit bureau Credit registry Coverage (% of adults) (% of adults) Number of firms 0 0 Number of individuals 0 0 Source: Doing Business database. Doing Business 2014 South Sudan 59 PROTECTING INVESTORS Protecting investors matters for the ability of WHAT THE PROTECTING INVESTORS companies to raise the capital they need to grow, INDICATORS MEASURE innovate, diversify and compete. If the laws do not protect minority shareholders, investors may be reluctant to provide funding to companies through Extent of disclosure index (0–10) the purchase of shares unless they become the Approval process for related-party controlling shareholders. Effective regulations define transactions related-party transactions precisely, promote clear Disclosure requirements in case of related- and efficient disclosure requirements, require party transactions shareholder participation in major decisions of the company and set detailed standards of accountability Extent of director liability index (0–10) for company insiders. Ability of minority shareholders to file a direct or derivative lawsuit What do the indicators cover? Ability of minority shareholders to hold Doing Business measures the strength of minority interested parties and members of the shareholder protections against directors’ use of approving body liable for prejudicial related- corporate assets for personal gain—or self-dealing. party transactions The indicators distinguish 3 dimensions of investor protections: transparency of related-party Available legal remedies (damages, repayment of profits, fines, imprisonment and rescission transactions (extent of disclosure index), liability for of the transaction) self-dealing (extent of director liability index) and minority shareholders’ access to evidence before and Ease of shareholder suits index (0–10) during trial (ease of shareholder suits index). The Access to internal corporate documents ranking on the strength of investor protection index is (directly or through a government inspector) the simple average of the percentile rankings on these 3 indices. To make the data comparable across Documents and information available during trial economies, a case study uses several assumptions about the business and the transaction. Strength of investor protection index (0–10) The business (Buyer): Simple average of the extent of disclosure, extent of director liability and ease of  Is a publicly traded corporation listed on the shareholder suits indices economy’s most important stock exchange (or at least a large private company with multiple shareholders). the company purchase used trucks from another company he owns.  Has a board of directors and a chief executive officer (CEO) who may legally act on behalf of  The price is higher than the going price for used Buyer where permitted, even if this is not trucks, but the transaction goes forward. specifically required by law.  All required approvals are obtained, and all The transaction involves the following details: required disclosures made, though the transaction is prejudicial to Buyer.  Mr. James, a director and the majority shareholder of the company, proposes that  Shareholders sue the interested parties and the members of the board of directors. Doing Business 2014 South Sudan 60 PROTECTING INVESTORS Where does the economy stand today? How strong are investor protections against self- index (figure 7.1). While the indicator does not dealing in South Sudan? The economy has a score of measure all aspects related to the protection of 2.3 on the strength of investor protection index, with a minority investors, a higher ranking does indicate that higher score indicating stronger protections (see the an economy’s regulations offer stronger investor summary of scoring at the end of this chapter for protections against self-dealing in the areas measured. details). Globally, South Sudan stands at 182 in the ranking of 189 economies on the strength of investor protection Figure 7.1 How South Sudan and comparator economies rank on the strength of investor protection index Source: Doing Business database. Doing Business 2014 South Sudan 61 PROTECTING INVESTORS What are the changes over time? While the most recent Doing Business data reflect how the global ranking on the strength of investor well regulations in South Sudan protect minority protection index over time shows whether the investors today, data over time show whether the economy is slipping behind other economies in protections have been strengthened (table 7.1). And investor protections—or surpassing them. Table 7.1 The strength of investor protections in South Sudan over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 DB2013 DB2014 Rank .. .. .. .. .. .. .. 182 182 Extent of disclosure n.a. n.a. n.a. n.a. n.a. n.a. n.a. 2 2 index (0-10) Extent of director n.a. n.a. n.a. n.a. n.a. n.a. n.a. 1 1 liability index (0-10) Ease of shareholder n.a. n.a. n.a. n.a. n.a. n.a. n.a. 4 4 suits index (0-10) Strength of investor protection index (0- n.a. n.a. n.a. n.a. n.a. n.a. n.a. 2.3 2.3 10) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB2013 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. Source: Doing Business database. Doing Business 2014 South Sudan 62 PROTECTING INVESTORS One way to put an economy’s scores on the protecting shows the number of economies with this score in investors indicators into context is to see where the 2013 as well as the regional average score. Figure 7.3 economy stands in the distribution of scores across applies to the extent of director liability index, and economies. Figure 7.2 highlights the score on the figure 7.4 to the ease of shareholder suits index. extent of disclosure index for South Sudan in 2013 and Figure 7.2 How strong are disclosure requirements? Figure 7.3 How strong is the liability regime for directors? Number of economies with each score on the extent of Number of economies with each score on the extent of director liability index (0–10), 2013 disclosure index (0–10), 2013 Note: Higher scores indicate greater liability of directors. Note: Higher scores indicate greater disclosure. Source: Doing Business database. Source: Doing Business database. Doing Business 2014 South Sudan 63 PROTECTING INVESTORS Figure 7.4 How easy is accessing internal corporate documents? Number of economies with each score on the ease of shareholder suits index (0–10), 2013 Note: Higher scores indicate greater minority shareholder access to evidence before and during trial. Source: Doing Business database. Doing Business 2014 South Sudan 64 PROTECTING INVESTORS The scores recorded over time for South Sudan on the changes over time in the regional average score on strength of investor protection index may also be this index. revealing (figure 7.5). Equally interesting may be the Figure 7.5 Have investor protections become stronger over time? Strength of investor protection index (0–10) Note: The higher the score, the stronger the protections. Source: Doing Business database. Doing Business 2014 South Sudan 65 PROTECTING INVESTORS Economies with the strongest protections of minority reasonable time. As a result, reforms to strengthen investors from self-dealing require detailed disclosure investor protections may move ahead on different and define clear duties for directors. They also have fronts—such as through new or amended company well-functioning courts and up-to-date procedural laws, securities regulations or civil procedure rules. rules that give minority shareholders the means to What investor protection reforms has Doing Business prove their case and obtain a judgment within a recorded in South Sudan (table 7.2)? Table 7.2 How has South Sudan strengthened investor protections—or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 66 PROTECTING INVESTORS What are the details? The protecting investors indicators reported here for are assigned to each based on a range of conditions South Sudan are based on detailed information relating to disclosure, director liability and shareholder collected through a survey of corporate and securities suits in a standard case study transaction (see the data lawyers about securities regulations, company laws notes at the end of this chapter). The summary below and court rules of evidence and procedure. To shows the details underlying the scores for South construct the extent of disclosure, extent of director Sudan. liability and ease of shareholder suits indices, scores Summary of scoring for the protecting investors indicators in South Sudan Sub-Saharan OECD high income Indicator South Sudan Africa average average Extent of disclosure index (0-10) 2 5 7 Extent of director liability index (0-10) 1 4 5 Ease of shareholder suits index (0-10) 4 5 7 Strength of investor protection index (0-10) 2.3 4.5 6.2 Note: In cases where an economy’s regional classification is “OECD high income,” regional averages above are only displayed once. Score Score description Extent of disclosure index (0-10) 2 What corporate body provides legally sufficient Shareholders meeting and Mr. James 1 approval for the transaction? is allowed to vote Whether disclosure of the conflict of interest by Mr. Existence of a conflict without any 1 James to the board of directors is required? specifics Whether immediate disclosure of the transaction to 0 No disclosure obligation the public and/or shareholders is required? Whether disclosure of the transaction in published 0 No disclosure obligation periodic filings (annual reports) is required? Whether an external body must review the terms of 0 No the transaction before it takes place? Extent of director liability index (0-10) 1 Whether shareholders can sue directly or derivatively for the damage that the Buyer-Seller transaction 1 Yes causes to the company? Whether shareholders can hold Mr. James liable for the damage that the Buyer-Seller transaction causes 0 Not liable to the company? Whether shareholders can hold members of the approving body liable for the damage that the Buyer- 0 Not liable Seller transaction causes to the company? Doing Business 2014 South Sudan 67 Score Score description Whether a court can void the transaction upon a Not possible or only in case of Seller's 0 successful claim by a shareholder plaintiff? fraud or bad faith Whether Mr. James pays damages for the harm caused to the company upon a successful claim by 0 No the shareholder plaintiff? Whether Mr. James repays profits made from the transaction upon a successful claim by the 0 No shareholder plaintiff? Whether fines and imprisonment can be applied 0 No against Mr. James? Ease of shareholder suits index (0-10) 4 Whether shareholders owning 10% or less of Buyer's shares can inspect transaction documents before 0 No filing suit? Whether shareholders owning 10% or less of Buyer's shares can request an inspector to investigate the 1 Yes transaction? Whether the plaintiff can obtain any documents from 0 No documents available the defendant and witnesses during trial? Whether the plaintiff can request categories of documents from the defendant without identifying 0 No specific ones? Whether the plaintiff can directly question the 2 Yes, without approval from the judge defendant and witnesses during trial? Whether the level of proof required for civil suits is 1 Yes lower than that of criminal cases? Strength of investor protection index (0-10) 2.3 Source: Doing Business database. Doing Business 2014 South Sudan 68 PAYING TAXES Taxes are essential. They fund the public amenities, WHAT THE PAYING TAXES INDICATORS infrastructure and services that are crucial for a MEASURE properly functioning economy. But the level of tax rates needs to be carefully chosen—and needless Tax payments for a manufacturing company complexity in tax rules avoided. According to in 2012 (number per year adjusted for Doing Business data, in economies where it is more electronic and joint filing and payment) difficult and costly to pay taxes, larger shares of economic activity end up in the informal sector— Total number of taxes and contributions paid, where businesses pay no taxes at all. including consumption taxes (value added tax, sales tax or goods and service tax) What do the indicators cover? Method and frequency of filing and payment Using a case scenario, Doing Business measures Time required to comply with 3 major taxes the taxes and mandatory contributions that a (hours per year) medium-size company must pay in a given year as well as the administrative burden of paying taxes Collecting information and computing the tax and contributions. This case scenario uses a set of payable financial statements and assumptions about Completing tax return forms, filing with transactions made over the year. Information is proper agencies also compiled on the frequency of filing and Arranging payment or withholding payments as well as time taken to comply with tax laws. The ranking on the ease of paying taxes is Preparing separate tax accounting books, if the simple average of the percentile rankings on required its component indicators: number of annual Total tax rate (% of profit before all taxes) payments, time and total tax rate, with a threshold 1 Profit or corporate income tax being applied to the total tax rate. To make the data comparable across economies, several Social contributions and labor taxes paid by assumptions about the business and the taxes and the employer contributions are used. Property and property transfer taxes  TaxpayerCo is a medium-size business that Dividend, capital gains and financial started operations on January 1, 2011. transactions taxes  The business starts from the same financial Waste collection, vehicle, road and other taxes position in each economy. All the taxes  Taxes and mandatory contributions include and mandatory contributions paid during corporate income tax, turnover tax and all the second year of operation are recorded. labor taxes and contributions paid by the  Taxes and mandatory contributions are company. measured at all levels of government.  A range of standard deductions and exemptions are also recorded. 1 The threshold is defined as the highest total tax rate among the top 15% of economies in the ranking on the total tax rate. It is calculated and adjusted on a yearly basis. The threshold is not based on any economic theory of an “optimal tax rate” that minimizes distortions or maxi mizes efficiency in the tax system of an economy overall. Instead, it is mainly empirical in nature, set at the lower end of the distribution of tax rates levied on medium-size enterprises in the manufacturing sector as observed through the paying taxes indicators. This reduces the bias in the indicators toward economies that do not need to levy significant taxes on companies like the Doing Business standardized case study company because they raise public revenue in other ways—for example, through taxes on foreign companies, through taxes on sectors other than manufacturing or from natural resources (all of which are outside the scope of the methodology). This year’s threshold is 25.5%. Doing Business 2014 South Sudan 69 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with Globally, South Sudan stands at 92 in the ranking of taxes in South Sudan—and how much do firms pay in 189 economies on the ease of paying taxes (figure 8.1). taxes? On average, firms make 36 tax payments a year, The rankings for comparator economies and the spend 218 hours a year filing, preparing and paying regional average ranking provide other useful taxes and pay total taxes amounting to 28.7% of profit information for assessing the tax compliance burden (see the summary at the end of this chapter for for businesses in South Sudan. details). Figure 8.1 How South Sudan and comparator economies rank on the ease of paying taxes Source: Doing Business database. Doing Business 2014 South Sudan 70 PAYING TAXES What are the changes over time? The benchmarks provided by the economies that over show what is possible in easing the administrative time have had the best performance regionally or burden of tax compliance. And changes in regional globally on the number of payments or the time averages can show where South Sudan is keeping required to prepare and file taxes (figure 8.2) help up—and where it is falling behind. Figure 8.2 Has paying taxes become easier over time? Payments (number per year) Time (hours per year) Doing Business 2014 South Sudan 71 PAYING TAXES Total tax rate (% of profit) Note: DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB201 3 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. DB2013 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 25.5% applied in DB2014, the total tax rate is set at 25.5% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2014 South Sudan 72 PAYING TAXES Economies around the world have made paying taxes concrete results. Some economies simplifying tax faster and easier for businesses—such as by payment and reducing rates have seen tax revenue consolidating filings, reducing the frequency of rise. What tax reforms has Doing Business recorded in payments or offering electronic filing and payment. South Sudan (table 8.1)? Many have lowered tax rates. Changes have brought Table 8.1 How has South Sudan made paying taxes easier—or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. South Sudan made paying taxes more costly for companies by DB2014 increasing the corporate income tax rate. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 73 PAYING TAXES What are the details? The indicators reported here for South Sudan are LOCATION OF STANDARDIZED COMPANY based on a standard set of taxes and contributions that would be paid by the case study company used by Doing Business in collecting the data (see City: Juba the section in this chapter on what the indicators cover). Tax practitioners are asked to review standard financial statements as well as a standard list of transactions that the company completed The taxes and contributions paid are listed in the during the year. Respondents are asked how much summary below, along with the associated number of in taxes and mandatory contributions the business payments, time and tax rate. must pay and what the process is for doing so. Summary of tax rates and administrative burden in South Sudan Sub-Saharan Africa OECD high income Indicator South Sudan average average Payments (number per year) 36 38 12 Time (hours per year) 218 314 175 Profit tax (%) 7.1 18.4 16.1 Labor tax and contributions (%) 19.2 13.7 23.1 Other taxes (%) 2.4 21.3 2.0 Total tax rate (% profit) 28.7 53.3 41.3 Note: In cases where an economy’s regional classification is “OECD high income,” regional averages above are only displayed once. Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate Employer paid - Social gross 12 78 17% 19.2 Security Contributions salaries paid Qtrly & taxable Business Profit Tax 5 56 15% 7.1 Final income State Retail Trading License 1 0 SSP 4,000 fixed fee 1.3 State Development Tax 1 0 SSP 1,200 0.4 Doing Business 2014 South Sudan 74 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate Withheld at interest Interest Tax 1 0 10% 0.3 source income South Sudan Chamber of 1 0 SSP 700 0.2 Commerce Company License 1 0 SSP 580 0.2 State tax clearance 0 paid jointly 0 0.1 certificate State tax identity card 1 0 0 15% for state fuel tax and small Fuel Tax 1 0 0 0.5% for amount national fuel tax Employee paid - social gross not 0 Withheld 0 8% 0 security contributions salaries included gross Sales Tax 12 84 15% 0 withheld sales Totals 36 218 28.7 Source: Doing Business database. Doing Business 2014 South Sudan 75 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead to Documents required to export and import extra costs and delays for exporters and importers, (number) stifling trade potential. Research shows that Bank documents exporters in developing countries gain more from Customs clearance documents a 10% drop in their trading costs than from a similar reduction in the tariffs applied to their Port and terminal handling documents products in global markets. Transport documents What do the indicators cover? Time required to export and import (days) Doing Business measures the time and cost Obtaining, filling out and submitting all the (excluding tariffs and the time and cost for sea documents transport) associated with exporting and importing Inland transport and handling a standard shipment of goods by sea transport, and the number of documents necessary to Customs clearance and inspections complete the transaction. The indicators cover Port and terminal handling procedural requirements such as documentation Does not include sea transport time requirements and procedures at customs and other regulatory agencies as well as at the port. They also Cost required to export and import (US$ per cover trade logistics, including the time and cost of container) inland transport to the largest business city. The All documentation ranking on the ease of trading across borders is the simple average of the percentile rankings on its Inland transport and handling component indicators: documents, time and cost Customs clearance and inspections to export and import. Port and terminal handling To make the data comparable across economies, Official costs only, no bribes Doing Business uses several assumptions about the business and the traded goods. The business: military items.  Is of medium size and employs 60 people.  Do not require refrigeration or any other special environment.  Is located in the periurban area of the economy’s largest business city.  Do not require any special phytosanitary or environmental safety standards other than  Is a private, limited liability company, accepted international standards. domestically owned, formally registered and operating under commercial laws and  Are one of the economy’s leading export or regulations of the economy. import products. The traded goods:  Are transported in a dry-cargo, 20-foot full container load.  Are not hazardous nor do they include Doing Business 2014 South Sudan 76 TRADING ACROSS BORDERS Where does the economy stand today? What does it take to export or import in South Sudan? Globally, South Sudan stands at 187 in the ranking of According to data collected by Doing Business, 189 economies on the ease of trading across borders exporting a standard container of goods requires 10 (figure 9.1). The rankings for comparator economies documents, takes 55 days and costs $5335. Importing and the regional average ranking provide other useful the same container of goods requires 12 documents, information for assessing how easy it is for a business takes 130 days and costs $9285 (see the summary of in South Sudan to export and import goods. procedures and documents at the end of this chapter for details). Figure 9.1 How South Sudan and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2014 South Sudan 77 TRADING ACROSS BORDERS What are the changes over time? The benchmarks provided by the economies that over possible in making it easier to trade across borders. time have had the best performance regionally or And changes in regional averages can show where globally on the documents, time or cost required to South Sudan is keeping up—and where it is falling export or import (figure 9.2) help show what is behind. Figure 9.2 Has trading across borders become easier over time? Documents to export (number) Time to export (days) Doing Business 2014 South Sudan 78 TRADING ACROSS BORDERS Cost to export (US$ per container) Documents to import (number) Doing Business 2014 South Sudan 79 TRADING ACROSS BORDERS Time to import (days) Cost to import (US$ per container) Note: DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB201 3 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. Source: Doing Business database. Doing Business 2014 South Sudan 80 TRADING ACROSS BORDERS In economies around the world, trading across borders systems. These changes help improve the trading as measured by Doing Business has become faster and environment and boost firms’ international easier over the years. Governments have introduced competitiveness. What trade reforms has Doing tools to facilitate trade—including single windows, Business recorded in South Sudan (table 9.1)? risk-based inspections and electronic data interchange Table 9.1 How has South Sudan made trading across borders easier—or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 81 TRADING ACROSS BORDERS What are the details? The indicators reported here for South Sudan are LOCATION OF STANDARDIZED COMPANY based on a set of specific procedural requirements for trading a standard shipment of goods by ocean transport (see the section in this chapter on what City: Juba the indicators cover). Information on the procedures as well as the required documents and the time and cost to complete each procedure is The procedural requirements, and the associated time collected from local freight forwarders, shipping and cost, for exporting and importing a standard lines, customs brokers, port officials and banks. shipment of goods are listed in the summary below, along with the required documents. Summary of procedures and documents for trading across borders in South Sudan Sub-Saharan Africa OECD high income Indicator South Sudan average average Documents to export (number) 10 8 4 Time to export (days) 55 31 11 Cost to export (US$ per container) 5,335 2,108 1,070 Documents to import (number) 12 9 4 Time to import (days) 130 38 10 Cost to import (US$ per container) 9,285 2,793 1,090 Note: In cases where an economy’s regional classification is “OECD high income,” regional averages above are only displayed once. Procedures to export Time (days) Cost (US$) Documents preparation 31 435 Customs clearance and technical control 5 525 Ports and terminal handling 6 375 Inland transportation and handling 13 4,000 Totals 55 5,335 Procedures to import Time (days) Cost (US$) Documents preparation 100 1,220 Doing Business 2014 South Sudan 82 Procedures to import Time (days) Cost (US$) Customs clearance and technical control 5 475 Ports and terminal handling 8 390 Inland transportation and handling 17 7,200 Totals 130 9,285 Documents to export Documents to import Bill of lading Bill of lading Certificate of origin Commercial invoice Commercial Invoice Customs import declaration Customs export declaration Delivery order EX Form and Letter from commercial bank Exit pass (gate pass) Export license form IM form Packing List Import Permit Proof of payment of customs fees Packing list Terminal handling receipts Proof of payment of customs fees and duties Transit documents Technical standard/health certificate Source: Doing Business database. Terminal handling receipts Transit document (T1) Doing Business 2014 South Sudan 83 ENFORCING CONTRACTS Effective commercial dispute resolution has many WHAT THE ENFORCING CONTRACTS benefits. Courts are essential for entrepreneurs INDICATORS MEASURE because they interpret the rules of the market and protect economic rights. Efficient and transparent Procedures to enforce a contract through courts encourage new business relationships the courts (number) because businesses know they can rely on the courts if a new customer fails to pay. Speedy trials Steps to file and serve the case are essential for small enterprises, which may lack Steps for trial and judgment the resources to stay in business while awaiting the outcome of a long court dispute. Steps to enforce the judgment Time required to complete procedures What do the indicators cover? (calendar days) Doing Business measures the efficiency of the Time to file and serve the case judicial system in resolving a commercial dispute before local courts. Following the step-by-step Time for trial and obtaining judgment evolution of a standardized case study, it collects Time to enforce the judgment data relating to the time, cost and procedural complexity of resolving a commercial lawsuit. The Cost required to complete procedures (% of ranking on the ease of enforcing contracts is the claim) simple average of the percentile rankings on its Average attorney fees component indicators: procedures, time and cost. Court costs The dispute in the case study involves the breach Enforcement costs of a sales contract between 2 domestic businesses. The case study assumes that the court hears an expert on the quality of the goods in dispute. This distinguishes the case from simple debt enforcement. To make the data comparable across economies, Doing Business uses several assumptions about the case:  The seller and buyer are located in the economy’s largest business city.  The dispute on the quality of the goods requires an expert opinion.  The buyer orders custom-made goods, then fails to pay.  The judge decides in favor of the seller; there is no appeal.  The seller sues the buyer before a competent court.  The seller enforces the judgment through a public sale of the buyer’s movable assets.  The value of the claim is 200% of income per capita.  The seller requests a pretrial attachment to secure the claim. Doing Business 2014 South Sudan 84 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial Globally, South Sudan stands at 87 in the ranking of dispute through the courts in South Sudan? According 189 economies on the ease of enforcing contracts to data collected by Doing Business, contract (figure 10.1). The rankings for comparator economies enforcement takes 228 days, costs 30.0% of the value and the regional average ranking provide other useful of the claim and requires 48 procedures (see the benchmarks for assessing the efficiency of contract summary at the end of this chapter for details). enforcement in South Sudan. Figure 10.1 How South Sudan and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2014 South Sudan 85 ENFORCING CONTRACTS What are the changes over time? The benchmarks provided by the economies that over help show what is possible in improving the efficiency time have had the best performance regionally or of contract enforcement. And changes in regional globally on the number of steps, time or cost required averages can show where South Sudan is keeping to enforce a contract through the courts (figure 10.2) up—and where it is falling behind. Figure 10.2 Has enforcing contracts become easier over time? Time (days) Cost (% of claim) Doing Business 2014 South Sudan 86 ENFORCING CONTRACTS Procedures (number) Note: DB2013 rankings shown are not last year’s published rankings but comparable rankings for DB2013 that capture the effects of such factors as data corrections and the addition of 4 economies (Libya, Myanmar, San Marino and South Sudan) to the sample this year. Source: Doing Business database. Doing Business 2014 South Sudan 87 ENFORCING CONTRACTS Economies in all regions have improved contract periodic reviews to clear inactive cases from the docket enforcement in recent years. A judiciary can be and by making procedures faster. What reforms improved in different ways. Higher-income economies making it easier (or more difficult) to enforce contracts tend to look for ways to enhance efficiency by has Doing Business recorded in South Sudan (table introducing new technology. Lower-income economies 10.1)? often work on reducing backlogs by introducing Table 10.1 How has South Sudan made enforcing contracts easier —or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 88 ENFORCING CONTRACTS What are the details? The indicators reported here for South Sudan are COURT NAME based on a set of specific procedural steps required to resolve a standardized commercial dispute through the courts (see the section in this City: Juba chapter on what the indicators cover). These procedures, and the time and cost of completing Claim Value LCU: 8502 them, are identified through study of the codes of civil procedure and other court regulations, as well Court Name: County Court as through surveys completed by local litigation lawyers (and, in a quarter of the economies The procedures for resolving a commercial lawsuit, and covered by Doing Business, by judges as well). the associated time and cost, are listed in the summary below. Summary of procedures for enforcing a contract in South Sudan —and the time and cost Sub-Saharan Africa OECD high income Indicator South Sudan average average Time (days) 228 652 529 Filing and service 28 Trial and judgment 155 Enforcement of judgment 45 Cost (% of claim) 30.0 51.1 21.0 Attorney cost (% of claim) 15.0 Court cost (% of claim) 10.0 Enforcement Cost (% of claim) 5.0 Procedures (number) 48 39 31 Note: In cases where an economy’s regional classification is “OECD high income,” regional averages above are only displayed once. Doing Business 2014 South Sudan 89 ENFORCING CONTRACTS No. Procedure Filing and service: Plaintiff requests payment: Plaintiff or his lawyer asks Defendant orally or in writing to comply with the 1 contract. 2 Plaintiff’s hiring of lawyer: Plaintiff hires a lawyer to represent him before the court. Plaintiff’s filing of summons and complaint: Plaintiff files his summons and complaint with the court, orally * or in writing. * Plaintiff’s payment of court fees: Plaintiff pays court duties, stamp duties, or any other type of court fee. Registration of court case: The court administration registers the lawsuit or court case. This includes 3 assigning a reference number to the lawsuit or court case. Assignment of court case to a judge: The court case is assigned to a specific judge through a random * procedure, automated system, ruling of an administrative judge, court officer, etc. Court scrutiny of summons and complaint: A judge examines Plaintiff's summons and complaint for 4 formal requirements. Judge admits summons and complaint: After verifying the formal requirements, the judge decides to * admit Plaintiff’s summons and complaint. 5 Court order for service: Upon Plaintiff’s request, judge orders process be ser ved on Defendant. Delivery of summons and complaint to person authorized to perform service of process on Defendant: 6 The judge or a court officer delivers the summons to a summoning office, officer, or authorized person (including Plaintiff), for service of process on Defendant. Arrangements for physical delivery of summons and complaint: Plaintiff takes whatever steps are * necessary to arrange for physical service of process on Defendant, such as instructing a court officer or a (private) bailiff. First attempt at physical delivery: A first attempt to physically deliver summons and complaint to 7 Defendant is successful in the majority of cases. * Proof of service: Plaintiff submits proof of service to court. Application for pre-judgment attachment: Plaintiff submits an application in writing for the attachment of * Defendant's property prior to judgment. (see assumption 5) Decision on pre-judgment attachment: The judge decides whether to grant Plaintiff’s request for pre- * judgment attachment of Defendant’s property and notifies Plaintiff and Defendant of the decision. This step may include requesting that Plaintiff submit guarantees or bonds to secure Defendant Guarantees securing attached property: Plaintiff typically submits guarantees or bonds to secure 8 Defendant against possible damages to attached property. (see assumption 5) Doing Business 2014 South Sudan 90 No. Procedure Pre-judgment attachment.: Defendant's property is attached prior to judgment. Attachment is either 9 physical or achieved by registering, marking, debiting or separating assets. (see assumption 5) Custody of assets attached prior to judgment: Defendant's attached assets are put under enforcement 10 officer's or (private) bailiff's care. (see assumption 5) Report on pre-judgment attachment: Court enforcement officer or (private) bailiff issues and delivers a 11 report on the attachment of Defendant’s property to the judge. (see assumption 5) Hearing on pre-judgment attachment: A hearing takes place to resolve the question of whether 12 Defendant’s assets can be attached prior to judgment. This process may include the submission of separate summons and petitions. (see assumption 5) Trial and judgment: Defendant’s filing of defense or answer to Plaintiff’s claim: Defendant files a written pleading which includes his defense or answer on the merits of the case. Defendant's written answer may or may not 13 include witness statements, expert statements, the documents Defendant relies on as evidence and the legal authori Deadline for Plaintiff to answer Defendant's defense or answer: Judge sets the deadline by which Plaintiff 14 will be allowed to answer Defendant's defense or answer. Plaintiff’s written response to Defendant's defense or answer: Plaintiff responds to Defendant’s defense or 15 answer with a written pleading. Plaintiff's answer may or may not include a witness statements or expert (witness) statements. Filing of pleadings: Plaintiff and Defendant file written pleadings and submissions with the court and 16 transmit copies of the written pleadings or submissions to one another. The pleadings may or may not include witness statements or expert (witness) statements. Framing of issues: Plaintiff and Defendant assist the court in framing issues on which evidence is to be 17 presented. Plaintiff’s appeal of court's interlocutory order: Plaintiff appeals the court's interlocutory order, which 18 suspends the court proceedings. Discovery requests: Plaintiff and Defendant make requests for the disclosure of documents, attempting to * force the other party to reveal potentially detrimental documents. * Setting of date(s) for oral hearing or trial: The judge sets the date(s) for the oral hearing or trial. Preliminary hearing aimed at preparing for the oral hearing: The judge meets the parties to make practical 19 arrangements for the oral hearing on the merits of the case. Pre-trial conference aimed at preparing for trial: The judge meets with parties to make practical 20 arrangements for the trial (for example, the number of witnesses parties intend to call on during trial, how much time each party is given to present oral arguments etc.). Summoning of (expert) witnesses: The court summons (expert) witnesses to appear in court for the oral 21 hearing or trial. (see assumption 6-a) Adjournments: Court proceedings are delayed because one or both parties request and obtain an 22 adjournment to prepare for the oral hearing or trial. Doing Business 2014 South Sudan 91 No. Procedure Trial (prevalent in common law): The parties argue the merits of the case at (an) oral session(s) before the 23 court. Witnesses and expert witnesses are questioned and cross-examined during trial. Adjournments: Court proceedings are delayed because one or both parties request and obtain an 24 adjournment during the oral hearing or trial, resulting in an additional or later trial or hearing date. 25 Judgment date: The judge sets a date for delivery of the judgment. 26 Notification of judgment in court: The parties are notified of the judgment at a court hearing. 27 Writing of judgment: The judge produces a written copy of the judgment. Registration of judgment: The court office registers the judgment after receiving a written copy of the 28 judgment. Court notification of availability of the written judgment: The court notifies the parties that the written 29 judgment is available at the courthouse. 30 Plaintiff's receipt of a copy of written judgment: Plaintiff receives a copy of the written judgment. Notification of Defendant of judgment: Plaintiff or court formally notifies the Defendant of the judgment. 31 The appeal period starts to run the day the Defendant is formally notified of the judgment. Appeal period: By law, Defendant has the opportunity to appeal the judgment during a period specified in 32 the law. Defendant decides not to appeal. Judgment becomes final the day the appeal period ends. Reimbursement by Defendant of Plaintiff's court fees: The judgment obliges Defendant to reimburse 33 Plaintiff for the court fees Plaintiff has advanced, because Defendant has lost the case. Enforcement of judgment: Plaintiff’s hiring of lawyer: Plaintiff hires a lawyer to enforce the judgment or continues to be represented * by a lawyer during the enforcement of judgment phase. Plaintiff's approaching of court enforcement officer or (private) bailiff to enforce the judgment: To enforce 34 the judgment, Plaintiff approaches a court enforcement officer such as a court bailiff or sheriff, or a private bailiff. Plaintiff’s request for enforcement order: Plaintiff applies to the court to obtain the enforcement order * ('seal' on judgment). Plaintiff’s advancement of enforcement fees: Plaintiff pays the fees related to the enforcement of the 35 judgment. Attachment of enforcement order to judgment: The judge attaches the enforcement order (‘seal’) to the 36 judgment. Delivery of enforcement order: The court's enforcement order is delivered to a court enforcement officer * or a (private) bailiff. Plaintiff’s request for physical enforcement: As Plaintiff fears that Defendant might physically resist the * attachment of its movable goods, Plaintiff addresses a request to the judge or to the police authorities to obtain police assistance during the attachment of Defendant's movable goods. Doing Business 2014 South Sudan 92 No. Procedure Judge's order for physical enforcement: The judge orders the police to assist with the physical 37 enforcement of the attachment of Defendant's movable goods. Request to Defendant to comply voluntarily with judgment: Plaintiff, a court enforcement officer or a 38 (private) bailiff requests Defendant to voluntarily comply with the judgment, giving Defendant a last chance to comply voluntarily with the judgment. Plaintiff’s identification of Defendant's assets for attachment: Plaintiff identifies Defendant's assets for 39 attachment. Attachment: Defendant’s movable goods are attached (physically or by registering, marking or separating 40 assets). Report on execution of attachment: A court enforcement officer or private process server delivers a report 41 on the attachment of Defendant's movable goods to the judge. Valuation or appraisal of attached movable goods: The court or court appointed valuation expert 42 evaluates the attached goods. Call for public auction: The judge calls a public auction by, for example, advertising or publication in the 43 newspapers. 44 Sale through public auction: The Defendant’s movable property is sold at public auction. 45 Judge's decision on bids: The judge determines the adequacy of the bids presented at public auction. Distribution of proceeds: The proceeds of the public auction are distributed to various creditors (including 46 Plaintiff), according to the rules of priority. Reimbursement of Plaintiff’s enforcement fees: Defendant reimburses Plaintiff's enforcement fees which 47 Plaintiff had advanced previously. 48 Payment: Court orders that the proceeds of the public auction or the direct sale be delivered to Plaintiff. * Not counted in the total number of procedures. Source: Doing Business database. Doing Business 2014 South Sudan 93 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient companies and reallocating the resources of INDICATORS MEASURE inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of Time required to recover debt (years) businesses to normal operation and increase Measured in calendar years returns to creditors. By improving the expectations of creditors and debtors about the outcome of Appeals and requests for extension are insolvency proceedings, well-functioning included insolvency systems can facilitate access to finance, Cost required to recover debt (% of debtor’s save more viable businesses and thereby improve estate) growth and sustainability in the economy overall. Measured as percentage of estate value What do the indicators cover? Court fees Doing Business studies the time, cost and outcome Fees of insolvency administrators of insolvency proceedings involving domestic entities. It does not measure insolvency Lawyers’ fees proceedings of individuals and financial Assessors’ and auctioneers’ fees institutions. The data are derived from survey Other related fees responses by local insolvency practitioners and verified through a study of laws and regulations as Outcome well as public information on bankruptcy systems. Whether business continues operating as a The ranking on the ease of resolving insolvency is going concern or business assets are sold based on the recovery rate, which is recorded as piecemeal cents on the dollar recouped by creditors through Recovery rate for creditors (cents on the reorganization, liquidation or debt enforcement dollar) (foreclosure) proceedings. The recovery rate is a Measures the cents on the dollar recovered function of time, cost and other factors, such as by creditors lending rate and the likelihood of the company continuing to operate. Present value of debt recovered To make the data comparable across economies, Official costs of the insolvency proceedings Doing Business uses several assumptions about the are deducted business and the case. It assumes that the Depreciation of furniture is taken into company: account  Is a domestically owned, limited liability Outcome for the business (survival or not) company operating a hotel. affects the maximum value that can be recovered  Operates in the economy’s largest business city.  Has 201 employees, 1 main secured  Has a higher value as a going concern—and creditor and 50 unsecured creditors. the efficient outcome is either reorganization or sale as a going concern, not piecemeal liquidation. Doing Business 2014 South Sudan 94 RESOLVING INSOLVENCY Where does the economy stand today? Speed, low costs and continuation of viable businesses enforcement procedure (foreclosure). The average characterize the top-performing economies. How recovery rate is 0.0 cents on the dollar. efficient are insolvency proceedings in South Sudan? Globally, South Sudan stands at 189 in the ranking of According to data collected by Doing Business, South 189 economies on the ease of resolving insolvency Sudan receives a “no practice” mark for resolving (figure 11.1). The rankings for comparator economies insolvency, indicating that in each of the previous 5 and the regional average ranking provide other useful years there were no cases involving a judicial benchmarks for assessing the efficiency of insolvency reorganization, judicial liquidation or debt proceedings in South Sudan. Figure 11.1 How South Sudan and comparator economies rank on the ease of resolving insolvency Source: Doing Business database. Doing Business 2014 South Sudan 95 RESOLVING INSOLVENCY A well-balanced bankruptcy system distinguishes change. Many recent reforms of bankruptcy laws have companies that are financially distressed but been aimed at helping more of the viable businesses economically viable from inefficient companies that survive. What insolvency reforms has Doing Business should be liquidated. But in some insolvency systems recorded in South Sudan (table 11.1)? even viable businesses are liquidated. This is starting to Table 11.1 How has South Sudan made resolving insolvency easier—or not? By Doing Business report year DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2014 South Sudan 96 EMPLOYING WORKERS Doing Business measures flexibility in the regulation of employing workers methodology proposed by the employment, specifically as it affects the hiring and consultative group are available on the Doing Business redundancy of workers and the rigidity of working website (http://www.doingbusiness.org). The data on hours. Over the period from 2007 to 2011 employing workers are based on a detailed survey of improvements were made to align the methodology employment regulations that is completed by local for the employing workers indicators with the letter lawyers and public officials. Employment laws and and spirit of the International Labour Organization regulations as well as secondary sources are reviewed (ILO) conventions. Only 4 of the 188 ILO conventions to ensure accuracy. cover areas measured by Doing Business: employee To make the data comparable across economies, termination, weekend work, holiday with pay and night several assumptions about the worker and the work. The Doing Business methodology is fully business are used. consistent with these 4 conventions. The ILO conventions covering areas related to the Employing The worker: Workers indicators do not include the ILO core labor  Earns a salary plus benefits equal to the standards—8 conventions covering the right to economy’s average wage during the entire collective bargaining, the elimination of forced labor, period of his employment. the abolition of child labor and equitable treatment in  Has a pay period that is the most common for workers in the economy. employment practices.  Is a lawful citizen who belongs to the same race and religion as the majority of the Between 2009 and 2011 the World Bank Group worked economy’s population. with a consultative group—including labor lawyers,  Resides in the economy’s largest business city. employer and employee representatives, and experts  Is not a member of a labor union, unless from the ILO, OECD, civil society and the private membership is mandatory. sector—to review the employing workers methodology and explore future areas of research. A i The business:  Is a limited liability company. full report with the conclusions of the consultative  Operates in the economy’s largest business group is available at city. http://www.doingbusiness.org/methodology/employin  Is 100% domestically owned. g-workers.  Operates in the manufacturing sector.  Has 60 employees. This year Doing Business continued research collecting  Is subject to collective bargaining agreements additional data on regulations covering the in economies where such agreements cover probationary period for new employees. more than half the manufacturing sector and apply even to firms not party to them. Doing Business 2014 presents the data on the  Abides by every law and regulation but does not grant workers more benefits than employing workers indicators in an annex. The report mandated by law, regulation or (if applicable) does not present rankings of economies on the collective bargaining agreement. employing workers indicators nor include the topic in the aggregate ranking on the ease of doing business. Detailed data collected on labor regulations and the Doing Business 2014 South Sudan 97 EMPLOYING WORKERS What do some of the data show? One of the employing workers indicators is the worker in his or her first job. Doing Business data show difficulty of hiring index. This measure assesses, among the trend in the minimum wage applied by South other things, the minimum wage for a 19-year-old Sudan (figure 12.1). Figure 12.1 Has the minimum wage for a 19-year-old worker or an apprentice increased over time? Minimum wage (US$ per month) Note: A horizontal line along the x-axis of the figure indicates that the economy has no minimum wage. Source: Doing Business database. Doing Business 2014 South Sudan 98 EMPLOYING WORKERS Employment laws are needed to protect workers from past 5 years did so in ways that increased labor market arbitrary or unfair treatment and to ensure efficient flexibility. What changes did South Sudan adopt that contracting between employers and workers. Many affected the Doing Business indicators on employing economies that changed their labor regulations in the workers (table 12.1)? Table 12.1 What changes did South Sudan make in employing workers in 2013? DB year Reform DB2009 No reform as measured by Doing Business. DB2010 No reform as measured by Doing Business. DB2011 No reform as measured by Doing Business. DB2012 No reform as measured by Doing Business. DB2013 No reform as measured by Doing Business. DB2014 No reform as measured by Doing Business. Source: Doing Business database. Doing Business 2014 South Sudan 99 EMPLOYING WORKERS What are the details? The data on employing workers reported here for lawyers and public officials. Employment laws and South Sudan are based on a detailed survey of regulations as well as secondary sources are reviewed employment regulations that is completed by local to ensure accuracy. Rigidity of employment index The rigidity of employment index measures 3 areas of labor regulation: difficulty of hiring, rigidity of hours and difficulty of redundancy. Difficulty of hiring index The difficulty of hiring index measures whether fixed- worker. (The average value added per worker is the term contracts are prohibited for permanent tasks; the ratio of an economy’s gross national income per capita maximum cumulative duration of fixed-term contracts; to the working-age population as a percentage of the and the ratio of the minimum wage for a trainee or total population.) first-time employee to the average value added per Difficulty of hiring index Data Fixed-term contracts prohibited for permanent tasks? No Maximum length of a single fixed-term contract (months) 24 - Art. 29(2), Labor Act of 1997 Maximum length of fixed-term contracts, including renewals (months) 48 Minimum wage for a 19-year old worker or an apprentice (US$/month) 59.2 Ratio of minimum wage to value added per worker 0.59 Source: Doing Business database. Doing Business 2014 South Sudan 100 EMPLOYING WORKERS Rigidity of hours index The rigidity of hours index has 5 components: whether respond to a seasonal increase in production; and there are restrictions on night work; whether there are whether the average paid annual leave for a worker restrictions on weekly holiday work; whether the with 1 year of tenure, a worker with 5 years and a workweek can consist of 5.5 days or is more than 6 worker with 10 years is more than 26 working days or days; whether the workweek can extend to 50 hours or fewer than 15 working days. more (including overtime) for 2 months a year to Rigidity of hours index Data Standard workday in manufacturing (hours) 8 hours - Art. 42(1), Labor Act of 1997 50-hour workweek allowed for 2 months a year in case of a seasonal Yes increase in production? Maximum working days per week 6.0 Premium for night work (% of hourly pay) in case of continuous 0% operations Premium for work on weekly rest day (% of hourly pay) in case of 0% continuous operations Major restrictions on night work in case of continuous operations? No Major restrictions on weekly holiday in case of continuous operations? No Paid annual leave for a worker with 1 year of tenure (in working days) 20.0 Paid annual leave for a worker with 5 years of tenure (in working days) 25.0 Paid annual leave for a worker with 10 years of tenure (in working days) 25.0 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in 23.3 working days) Source: Doing Business database. Doing Business 2014 South Sudan 101 EMPLOYING WORKERS Difficulty of redundancy index The difficulty of redundancy index has 8 components: worker; whether the employer needs approval from a whether redundancy is disallowed as a basis for third party to terminate a group of 9 redundant terminating workers; whether the employer needs to workers; whether the law requires the employer to notify a third party (such as a government agency) to reassign or retrain a worker before making the worker terminate 1 redundant worker; whether the employer redundant; whether priority rules apply for needs to notify a third party to terminate a group of 9 redundancies; and whether priority rules apply for redundant workers; whether the employer needs reemployment. approval from a third party to terminate 1 redundant Difficulty of redundancy index Data Dismissal due to redundancy allowed by law? Yes Third-party notification if 1 worker is dismissed? Yes Third-party approval if 1 worker is dismissed? Yes Third-party notification if 9 workers are dismissed? Yes Third-party approval if 9 workers are dismissed? Yes Retraining or reassignment obligation before redundancy? No Priority rules for redundancies? No Priority rules for reemployment? No Source: Doing Business database. Doing Business 2014 South Sudan 102 EMPLOYING WORKERS Redundancy cost The redundancy cost indicator measures the cost of notice requirements and severance payments advance notice requirements, severance payments and applicable to a worker with 1 year of tenure, a worker penalties due when terminating a redundant worker, with 5 years and a worker with 10 years is used to expressed in weeks of salary. The average value of assign the score. Redundancy cost indicator Data Notice period for redundancy dismissal (for a worker with 1 year of tenure, in salary 4.3 weeks) Notice period for redundancy dismissal (for a worker with 5 years of tenure, in 4.3 salary weeks) Notice period for redundancy dismissal (for a worker with 10 years of tenure, in 4.3 salary weeks) Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years 4.3 of tenure, in salary weeks) Severance pay for redundancy dismissal (for a worker with 1 year of tenure, in 0.0 salary weeks) Severance pay for redundancy dismissal (for a worker with 5 years of tenure, in 21.7 salary weeks) Severance pay for redundancy dismissal (for a worker with 10 years of tenure, in 43.3 salary weeks) Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years 21.7 of tenure, in salary weeks) Source: Doing Business database. Doing Business 2014 South Sudan 103 DATA NOTES The indicators presented and analyzed in Doing rounds of verification, leading to revisions or Business measure business regulation and the expansions of the information collected. protection of property rights—and their effect on businesses, especially small and medium-size domestic firms. First, the indicators document the complexity of ECONOMY CHARACTERISTICS regulation, such as the number of procedures to start a business or to register and transfer commercial property. Second, they gauge the time and cost to Gross national income per capita achieve a regulatory goal or comply with regulation, such as the time and cost to enforce a contract, go Doing Business 2014 reports 2012 income per capita through bankruptcy or trade across borders. Third, as published in the World Bank’s World Development they measure the extent of legal protections of Indicators 2013. Income is calculated using the Atlas property, for example, the protections of investors method (current U.S. dollars). For cost indicators against looting by company directors or the range of expressed as a percentage of income per capita, assets that can be used as collateral according to 2012 gross national income (GNI) in U.S. dollars is secured transactions laws. Fourth, a set of indicators used as the denominator. GNI data were not documents the tax burden on businesses. Finally, a set available from the World Bank for Afghanistan, The of data covers different aspects of employment Bahamas, Bahrain, Barbados, Brunei Darussalam, regulation. The 11 sets of indicators measured in Djibouti, the Islamic Republic of Iran, Kuwait, Libya, Doing Business were added over time, and the sample Myanmar, New Zealand, Oman, San Marino, the of economies expanded. Syrian Arab Republic, West Bank and Gaza, and the Republic of Yemen. In these cases GDP or GNP per The data for all sets of indicators in Doing Business 2 capita data and growth rates from other sources, 2014 are for June 2013. such as the International Monetary Fund’s World Economic Outlook database and the Economist Intelligence Unit, were used. Methodology Region and income group The Doing Business data are collected in a standardized way. To start, the Doing Business team, Doing Business uses the World Bank regional and with academic advisers, designs a questionnaire. The income group classifications, available at questionnaire uses a simple business case to ensure http://data.worldbank.org/about/country- classifications. The World Bank does not assign comparability across economies and over time—with regional classifications to high-income economies. assumptions about the legal form of the business, its For the purpose of the Doing Business report, high- size, its location and the nature of its operations. income OECD economies are assigned the “regional” Questionnaires are administered to more than 10,200 classification OECD high income. Figures and tables local experts, including lawyers, business consultants, presenting regional averages include economies accountants, freight forwarders, government officials from all income groups (low, lower middle, upper and other professionals routinely administering or middle and high income). advising on legal and regulatory requirements (table Population 21.2). These experts have several rounds of interaction with the Doing Business team, involving conference Doing Business 2014 reports midyear 2012 calls, written correspondence and visits by the team. population statistics as published in World For Doing Business 2014 team members visited 33 Development Indicators 2013. economies to verify data and recruit respondents. The data from questionnaires are subjected to numerous The Doing Business methodology offers several advantages. It is transparent, using factual information about what laws and regulations say and allowing 2 The data for paying taxes refer to January – December 2012. multiple interactions with local respondents to clarify Doing Business 2014 South Sudan 104 potential misinterpretations of questions. Having entrepreneurs reported in the World Bank Enterprise representative samples of respondents is not an issue; Surveys or other perception surveys. Doing Business is not a statistical survey, and the texts This year Doing Business completed subnational of the relevant laws and regulations are collected and studies in Colombia, Italy and the city of Hargeisa answers checked for accuracy. The methodology is (Somaliland) and is currently updating indicators in inexpensive and easily replicable, so data can be Egypt, Mexico and Nigeria. Doing Business also collected in a large sample of economies. Because published regional studies for the g7+ and the East standard assumptions are used in the data collection, African Community. The g7+ group is a country- comparisons and benchmarks are valid across owned and country-led global mechanism established economies. Finally, the data not only highlight the in April 2010 to monitor, report and draw attention to extent of specific regulatory obstacles to business but the unique challenges faced by fragile states. The also identify their source and point to what might be member countries included in the report are reformed. Information on the methodology for each Afghanistan, Burundi, the Central African Republic, Doing Business topic can be found on the Doing Chad, the Comoros, the Democratic Republic of Business website at Congo, Côte d’Ivoire, Guinea, Guinea-Bissau, Haiti, http://www.doingbusiness.org/methodology. Liberia, Papua New Guinea, Sierra Leone, the Solomon Islands, South Sudan, Timor-Leste and Togo. Limits to what is measured The subnational studies point to differences in business regulation and its implementation—as well as The Doing Business methodology has 5 limitations that in the pace of regulatory reform—across cities in the should be considered when interpreting the data. First, same economy. For several economies subnational the collected data refer to businesses in the economy’s studies are now periodically updated to measure largest business city (which in some economies differs change over time or to expand geographic coverage from the capital) and may not be representative of to additional cities. This year that is the case for all the regulation in other parts of the economy. To address subnational studies published. this limitation, subnational Doing Business indicators were created (box 21.1). Second, the data often focus on a specific business form—generally a limited liability company (or its legal equivalent) of a specified Changes in what is measured size—and may not be representative of the regulation The methodology for 2 indicator sets—trading across on other businesses, for example, sole proprietorships. borders and paying taxes—was updated this year. For Third, transactions described in a standardized case trading across borders, documents that are required scenario refer to a specific set of issues and may not purely for purposes of preferential treatment are no represent the full set of issues a business encounters. longer included in the list of documents (for example, Fourth, the measures of time involve an element of a certificate of origin if the use is only to qualify for a judgment by the expert respondents. When sources preferential tariff rate under trade agreements). For indicate different estimates, the time indicators paying taxes, the value of fuel taxes is no longer reported in Doing Business represent the median included in the total tax rate because of the difficulty values of several responses given under the of computing these taxes in a consistent way across all assumptions of the standardized case. economies covered. The fuel tax amounts are in most cases very small, and measuring these amounts is Finally, the methodology assumes that a business has often complicated because they depend on fuel full information on what is required and does not consumption. Fuel taxes continue to be counted in the waste time when completing procedures. In practice, number of payments. completing a procedure may take longer if the business lacks information or is unable to follow up In a change involving several indicator sets, the rule promptly. Alternatively, the business may choose to establishing that each procedure must take at least 1 disregard some burdensome procedures. For both day was removed for procedures that can be fully reasons the time delays reported in Doing Business completed online in just a few hours. This change 2014 would differ from the recollection of affects the time indicator for starting a business, Doing Business 2014 South Sudan 105 dealing with construction permits and registering with one another, while the distance to frontier property. For procedures that can be fully completed measure benchmarks economies to the frontier in 3 online, the duration is now set at half a day rather than regulatory practice, measuring the absolute distance to a full day. the best performance on each indicator. Both measures can be used for comparisons over time. The threshold for the total tax rate introduced in 2011 When compared across years, the distance to frontier for the purpose of calculating the ranking on the ease measure shows how much the regulatory environment of paying taxes was updated. All economies with a for local entrepreneurs in each economy has changed total tax rate below the threshold (which is calculated over time in absolute terms, while the ease of doing and adjusted on a yearly basis) receive the same business ranking can show only relative change. ranking on the total tax rate indicator. The threshold is not based on any economic theory of an “optimal tax Ease of doing business rate” that minimizes distortions or maximizes efficiency The ease of doing business index ranks economies in the tax system of an economy overall. Instead, it is from 1 to 189. For each economy the ranking is mainly empirical in nature, set at the lower end of the calculated as the simple average of the percentile distribution of tax rates levied on medium-size rankings on each of the 10 topics included in the index enterprises in the manufacturing sector as observed in Doing Business 2014: starting a business, dealing through the paying taxes indicators. This reduces the with construction permits, getting electricity, bias in the indicators toward economies that do not registering property, getting credit, protecting need to levy significant taxes on companies like the investors, paying taxes, trading across borders, Doing Business standardized case study company enforcing contracts, and resolving insolvency. The because they raise public revenue in other ways—for employing workers indicators are not included in this example, through taxes on foreign companies, through year’s aggregate ease of doing business ranking. taxes on sectors other than manufacturing or from natural resources (all of which are outside the scope of Construction of the ease of doing business index the methodology). This year the threshold is 25,5%. Here is one example of how the ease of doing business index is constructed. In Denmark it takes 4 procedures, 5.5 days and 0.2% of annual income per capita in fees Data challenges and revisions to open a business. The minimum capital requirement Most laws and regulations underlying the Doing is 24% of annual income per capita. On these 4 Business data are available on the Doing Business indicators Denmark ranks in the 12th, 11th, 1st and website at http://www.doingbusiness.org. All the 79th percentiles. So on average Denmark ranks in the sample questionnaires and the details underlying the 25th percentile on the ease of starting a business. It indicators are also published on the website. Questions ranks in the 21st percentile on getting credit, 19th on the methodology and challenges to data can be percentile on paying taxes, 27th percentile on submitted through the website’s “Ask a Question” enforcing contracts, 5th percentile on resolving function at http://www.doingbusiness.org. insolvency and so on. Higher rankings indicate simpler regulation and stronger protection of property rights. Ease of doing business and distance to The simple average of Denmark’s percentile rankings frontier on all topics is 17th. When all economies are ordered Doing Business 2014 presents results for 2 aggregate by their average percentile rankings, Denmark stands measures: the aggregate ranking on the ease of doing at 5 in the aggregate ranking on the ease of doing business and the distance to frontier measure. The business. ease of doing business ranking compares economies More complex aggregation methods—such as 3 For getting electricity the rule that each procedure must take a principal components and unobserved components— minimum of 1 day still applies because in practice there are no yield a ranking nearly identical to the simple average cases in which procedures can be fully completed online in less than a day. For example, even though in some cases it is possible to apply for an electricity connection online, additional requirements mean that the process cannot be completed in less than 1 day. Doing Business 2014 South Sudan 106 4 used by Doing Business. Thus, Doing Business uses 58 on enforcing contracts, 116 on dealing with the simplest method: weighting all topics equally and, construction permits and 145 on getting electricity. within each topic, giving equal weight to each of the Variation in performance across the indicator sets is topic components. not at all unusual. It reflects differences in the degree If an economy has no laws or regulations covering a of priority that government authorities give to specific area—for example, insolvency—it receives a particular areas of business regulation reform and the “no practice” mark. Similarly, an economy receives a ability of different government agencies to deliver “no practice” or “not possible” mark if regulation exists tangible results in their area of responsibility. but is never used in practice or if a competing Distance to frontier measure regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the bottom of the A drawback of the ease of doing business ranking is ranking on the relevant indicator. that it can measure the regulatory performance of economies only relative to the performance of others. The ease of doing business index is limited in scope. It It does not provide information on how the absolute does not account for an economy’s proximity to large quality of the regulatory environment is improving markets, the quality of its infrastructure services (other over time. Nor does it provide information on how than services related to trading across borders and large the gaps are between economies at a single getting electricity), the strength of its financial system, point in time. the security of property from theft and looting, macroeconomic conditions or the strength of The distance to frontier measure is designed to underlying institutions. address both shortcomings, complementing the ease of doing business ranking. This measure illustrates the Variability of economies’ rankings across topics distance of an economy to the “frontier,” and the Each indicator set measures a different aspect of the change in the measure over time shows the extent to business regulatory environment. The rankings of an which the economy has closed this gap. The frontier is economy can vary, sometimes significantly, across a score derived from the most efficient practice or indicator sets. The average correlation coefficient highest score achieved on each of the component between the 10 indicator sets included in the indicators in 10 Doing Business indicator sets aggregate ranking is 0.38, and the coefficients (excluding the employing workers indicators) by any between any 2 sets of indicators range from 0.18 economy. In starting a business, for example, Canada (between getting electricity and getting credit) to 0.58 and New Zealand have achieved the highest (between trading across borders and resolving performance on the number of procedures required (1) insolvency and between trading across borders and and on the time (0.5 days), Denmark and Slovenia on getting electricity). These correlations suggest that the cost (0% of income per capita) and Chile, Zambia economies rarely score universally well or universally and 99 other economies on the paid-in minimum badly on the indicators. capital requirement (0% of income per capita) (table 22.2). Consider the example of Canada. It stands at 19 in the aggregate ranking on the ease of doing business. Its Calculating the distance to frontier for each economy ranking is 2 on starting a business, 4 on protecting involves 2 main steps. First, individual indicator scores investors, and 8 on paying taxes. But its ranking is only are normalized to a common unit: except for the total tax rate, each of the 31 component indicators y is rescaled to (max − y)/(max − min), with the minimum 4 See Simeon Djankov, Darshini Manraj, Caralee McLiesh and Rita Ramalho, “Doing Business Indicators: Why Aggregate, and How to value (min) representing the frontier—the highest Do It” (World Bank, Washington, DC, 2005). Principal components performance on that indicator across all economies and unobserved components methods yield a ranking nearly since 2003 or the first year the indicator was collected. 5 identical to that from the simple average method because both these methods assign roughly equal weights to the topics, since the For the total tax rate, consistent with the calculation of pairwise correlations among indicators do not differ much. An alternative to the simple average method is to give different weights to the topics, depending on which are considered of more or less 5 Even though scores for the distance to frontier are calculated from importance in the context of a specific economy. 2005, data from as early as 2003 are used to define the frontier Doing Business 2014 South Sudan 107 the rankings, the frontier is defined as the total tax rate Economies that improved the most across 3 or at the 15th percentile of the overall distribution of more Doing Business topics in 2012/13 total tax rates for all years. Second, for each economy Doing Business 2014 uses a simple method to calculate the scores obtained for individual indicators are which economies improved the most in the ease of aggregated through simple averaging into one doing business. First, it selects the economies that in distance to frontier score, first for each topic and then 2012/13 implemented regulatory reforms making it across all topics. An economy’s distance to frontier is easier to do business in 3 or more of the 10 topics indicated on a scale from 0 to 100, where 0 represents included in this year’s ease of doing business ranking. 6 the lowest performance and 100 the frontier. Twenty-nine economies meet this criterion: Azerbaijan, The maximum (max) and minimum (min) observed Belarus, Burundi, Côte d’Ivoire, Croatia, Djibouti, values are computed for all economies included in the Gabon, Guatemala, Guinea, Italy, Kosovo, Latvia, the Doing Business sample since 2003 and for all years former Yugoslav Republic of Macedonia, Malaysia, (from 2003 to 2013). To mitigate the effects of extreme Mauritius, Mexico, Moldova, Mongolia, Morocco, outliers in the distributions of the rescaled data (very Panama, the Philippines, the Republic of Congo, few economies need 694 days to complete the Romania, the Russian Federation, Rwanda, Sri Lanka, procedures to start a business, but many need 9 days), Ukraine, Uzbekistan and the United Arab Emirates. th the maximum (max) is defined as the 95 percentile of Second, Doing Business sorts these economies on the the pooled data for all economies and all years for increase in their distance to frontier measure from the each indicator. The exceptions are the getting credit, previous year using comparable data. protecting investors and resolving insolvency Selecting the economies that implemented regulatory indicators, whose construction precludes outliers. In reforms in at least 3 topics and improved the most in addition, the cost to export and cost to import for each the distance to frontier measure is intended to year are divided by the GDP deflator, so as to take the highlight economies with ongoing, broadbased reform general price level into account when benchmarking programs. The criterion for identifying the top these absolute-cost indicators across economies with improvers was changed from last year. The different inflation trends. The base year for the deflator improvement in ease of doing business ranking is no is 2013 for all economies. longer used. The improvement in the distance to The difference between an economy’s distance to frontier measure is used instead because under this frontier score in any previous year and its score in measure economies are sorted according to their abs- 2013 illustrates the extent to which the economy has olute improvement instead of relative improvement. closed the gap to the frontier over time. And in any given year the score measures how far an economy is from the highest performance at that time. Take Colombia, which has a score of 70.5 on the distance to frontier measure for 2014. This score indicates that the economy is 29.5 percentage points away from the frontier constructed from the best performances across all economies and all years. Colombia was further from the frontier in 2009, with a score of 66.2. The difference between the scores shows an improvement over time. The distance to frontier measure can also be used for comparisons across economies in the same year, complementing the ease of doing business ranking. For example, Colombia stands at 63 this year in the ease of doing business ranking, while Peru, which is 6 Doing Business reforms making it more difficult to do business are 29.3 percentage points from the frontier, stands at 42. subtracted from the total number of those making it easier to do business. Doing Business 2014 South Sudan 109 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Doing Business reforms News on the Doing Business project Short summaries of DB2014 business regulation http://www.doingbusiness.org reforms, lists of reforms since DB2008 and a ranking simulation tool Rankings http://www.doingbusiness.org/reforms/ How economies rank—from 1 to 189 http://www.doingbusiness.org/rankings/ Historical data Customized data sets since DB2004 Data http://www.doingbusiness.org/custom-query/ All the data for 189 economies—topic rankings, indicator values, lists of regulatory procedures and Law library details underlying indicators Online collection of business laws and regulations http://www.doingbusiness.org/data/ relating to business and gender issues http://www.doingbusiness.org/law-library/ Reports http://wbl.worldbank.org/ Access to Doing Business reports as well as subnational and regional reports, reform case Contributors studies and customized economy and regional More than 10,200 specialists in 189 economies profiles who participate in Doing Business http://www.doingbusiness.org/reports/ http://www.doingbusiness.org/contributors/doing- business/ Methodology The methodologies and research papers Entrepreneurship data underlying Doing Business Data on business density for 139 economies http://www.doingbusiness.org/methodology/ http://www.doingbusiness.org/data/exploretopics/e ntrepreneurship Research Abstracts of papers on Doing Business topics and Doing Business iPhone App related policy issues Doing Business at a Glance App presents the full http://www.doingbusiness.org/research/ report, rankings and highlights http://www.doingbusiness.org/specialfeatures/ iphone Doing Business 2014 South Sudan 110