VII. INVESTMENT CLIMATE: The Bahamian government actively encourages foreign investment in certain sectors of the economy, particularly in tourism, banking, agriculture, and manufacturing. At the time of its election in 1992, the Ingraham Administration announced its intention to privatize several public corporations, including the hotel corporation, the corporation providing ground services at Bahamian airports, and parts of the state-owned Bahamas Telecommunications Corporation (BATELCO), as well as to invite private investment in the national air carrier, Bahamasair. Foreign investment is welcome in these areas, particularly in the purchase of government-owned hotel and resort properties. Certain businesses, however, are reserved exclusively for Bahamians. These reserved businesses include restaurants (except gourmet and ethnic); all but very large-scale construction; wholesale and retail distribution; commission agents engaged in the import and export trade; real estate agencies; domestic public transportation by land, sea, and air; newspaper and magazine publications; advertising and public relations; interior decorating; cinemas, theatres, and nightclubs; security services; handicrafts; service establishments such as hairdressing, barbering, automotive and appliance repairs; guest houses and hotels of 25 rooms or less; and farming up to 100 acres. In addition, the Bahamian government has reserved certain categories of businesses for joint venture operations which include majority Bahamian ownership. Included in this category are international air and sea transportation; debit insurance; franchises, hotels of 26 to 100 rooms; manufacturing aimed primarily at the local market; some types of farming in excess of 100 acres; and large-scale construction to the extent possible. Benefits of investing in The Bahamas include a stable democratic environment, relief from corporate and personal income taxes, sophisticated financial services, timely repatriation of corporate profits, proximity to the United States, extensive air links through nearby Miami and Orlando, excellent communications links, a good pool of skilled professionals, excellent tourism and conference facilities, and designation under the Caribbean Basin Initiative (CBI) as well as Canada's CARIBCAN program and the European Union's Lome IV Agreement. Annual or permanent residence will be given to major international investors; and fit and proper owners of residence valued at $250,000 or more. In 1993, the Government announced the establishment of The Bahamas Investment Authority (BIA) within the Office of the Prime Minister. BIA was designed to provide a "one-stop shop" to assist foreign investors with approval of their investment applications and to cut through further "red tape" for approved investments. Despite a slow start, BIA remains the Bahamian government's central point of contact for foreign investment questions. In practice, the vast majority of successful foreign investments in The Bahamas have remained in the traditional areas of tourism and banking. The Bahamian government and business community have been suspicious of outside investment in non-traditional areas such as agriculture and industry, and projects in these areas have generally faced a drawn-out approval process and some local opposition. The Bahamian government is most interested in investments which will generate local employment, particularly in white-collar or skilled jobs; large-scale projects in areas such as agriculture requiring low-wage and low-skill labor in which many Bahamians are not interested have failed due to government reluctance to allow foreign workers to be used even on a temporary permit basis. In instances where new foreign ventures have been perceived by a part of the Bahamian business or labor communities as competing with existing Bahamian businesses, the Government has been generally responsive to local concerns and has closed the foreign venture, even in instances in which business licenses were already granted. Furthermore, while The Bahamas has not yet enacted environmental legislation as extensive as that in the United States, the BIA will require a full accounting of the environmental impact of new industrial or agricultural schemes and will not approve projects which would be unable to pass American environmental standards. Finally, while corruption is admirably rare, some foreign businesses, attracted by the tax advantages of investing in The Bahamas, have complained that frequent requests for "voluntary" donations to various civic causes have constituted an unexpectedly high expense. Real Estate: The Bahamian government in 1993 repealed the Immovable Property (Acquisition by Foreign Persons) Act, which required foreigners to obtain approval from the Foreign Investment Board before purchasing real property in the country, replacing it with the Foreign Persons (Landholding) Act. Under the new law, approval is automatically granted for non-Bahamians to purchase residential property of less than five acres on any single island in The Bahamas, except where the property constitutes over fifty percent of the land area of a cay (small island) or involves ownership of an airport or marina. The Bahamian government hopes this new legislation will stimulate the second home/vacation home market and revive the once- vibrant real estate sector. The new law also provides for a two-year real property tax exemption for foreign persons acquiring undeveloped land in The Bahamas for development purposes, provided that substantial development occurs during those two years. At the same time, however, the Bahamian government doubled the tax on undeveloped real property held by foreigners from 1.50 percent of assessed value to 3 percent, effective january 1, 1994, and planned to more than double the tax again in 1995 to 7 percent of assessed value. Following protests by foreign property owners, however, Bahamian officials indicated that they may reconsider the tax increase, which was originally passed to raise revenue, spur the lagging construction industry, and encourage foreigners holding undeveloped plots of land over long periods of time to develop their land. Work Permits: The Immigration Act requires foreigners to obtain work permits before they can be employed in The Bahamas. The Government will permit foreign employees to work in a technical, supervisory, or managerial capacity to initiate and operate industries, provided no similarly qualified Bahamians are available for the job. Foreign business owners are expected to train as many of their Bahamian employees as possible to eventually fill technical and managerial positions. While work permits are normally granted impartially under established criteria, there have been isolated instances in the past in which Bahamian government officials have prolonged the process of renewing work permits for foreign managers whose actions drew local labor protests. Repatriation of Profits: Profits and investment capital may be freely repatriated. Non-resident or foreign investors wishing to initiate operations in The Bahamas must register their operations with the Central Bank. If the projects are substantially financed by foreign currency transferred into The Bahamas, they will be given "approved status." This means that all profits and dividends, as well as the proceeds from sales of such businesss, can be freely converted from local currency into foreign currency at any time. Tax Incentives: The Bahamas levies no taxes on personal or corporate income, capital gains, dividends, interest, royalties, sales, estates, inheritances, or payrolls. Foreign-owned businesses receiving tax benefits are expected, however, to contribute generously to various civic projects. The only direct tax is the real property tax. The tax rates on real property are as follows: -- Owner occupied: -- (a) exempt from real property tax on the first $50,000 of assessed value; -- (b) 0.75 percent per annum on the next $50,000 of assessed value; -- (c) one percent per annum on assessed value in excess of $100,000. -- Commercial property: -- (a) 0.50 percent per annum on the first $50,000 of assessed value; -- (b) one percent per annum on assessed value in excess of $50,000. A gambling tax is also levied. The airport departure tax was raised from $7 to $13 per person in 1991 and again from $13 to $15 per person in 1993. The Government originally raised the harbor departure tax from $7 to $20 per person in 1991; following protests from cruise ship operators, however, the haror departure tax was lowered to $15 in 1992. Industries Encouragement Act: Under this law, the Government may exempt from duties the machinery, tools, equipment, and raw materials imported to construct new factories. A list of duty-exempt items is negotiated separately with each new venture. Hotels Encouragement Act: Under this law, new hotels and resorts can be exempted from real property taxes for ten years from the date the new facility opens. In addition, the act allows the duty-free importation of materials used for the construction of new faciilties or the substantial renovation of existing facilities acquired by new owners for a set period of time. The list of duty-free items for each project and the duration of some duty-free windows are negotiated separately for each venture. Agricultural Manufactories Act: This law allows any materials necessary for the construction, alteration, or repair of an "agricultural factory," as well as any machinery or supplies used in establishing such a factory, to be imported duty free. An "agricultural factory" refers to any factory established for the purpose of manufacturing or preparing agricultural or horticultural produce of The Bahamas for sale or export. Spirits and Beer Manufacture Act: This law provides for the duty-free importation of materials used in the construction, alteration, or repair of approved liquor distilleries or beer breweries and the duty-free importation of raw materials and equipment for liquor or beer production. In addition to these acts, the tariff act grants to the Government authority to waive import duties on various goods, supplies, and materials justified by the public good where the specific waiver is not covered by other Parliamentary Acts. Investment Disputes: The Bahamian government has never expropriated a business and both major political parties have stated that "nationalization will not be an instrument of government policy." The Bahamas is not yet a member of the International Center for the Settlement of Investment Disputes. The Bahamas joined the Multilateral Investment Guarantee Agency (MIGA), which insures investors against currency transfer restrictions, expropriation, war and civil disturbances, and breach of contract by member countries in 1992. The Bahamas has no history of political violence. Bilateral Investment Agreements: The Bahamas is in the process of negotiating an Investment Protection Agreement with the United Kingdom. There is no Bilateral Investment Treaty (BIT) between The Bahamas and the United States. Intellectual Property Rights: The Bahamas is a member of the World Intellectual Property Organization (WIPO). Local copyright laws, which date to the 1970's, have not yet been revised to take into account recent developments in communications and computer technology. OPIC Programs: Most recently, OPIC approved two investment projects in The Bahamas in 1992. It guaranteed up to $10.8 million in loans to the Uniroyal Chemical Company, Ltd. to assist in the purchase and refurbishment of a plant in Freeport formerly owned by Gist-Brocades, Ltd. Uniroyal currently uses the plant to produce high performance antioxidents used in the manufacture of plastics for export to to North America, Europe, and Asia. In addition, OPIC committed itself to loan up to $1.6 million to Landquest, Ltd. for the development of the Princess Cays cruise ship facility on Eleuthera Island near Bannerman Town. Labor: In 1993, The Bahamian labor force consisted of 136,900 workers. The unemployment rate, officially estimated at 13 percent, is more likely in the 20-25 percent range. Unemployment is highest among youth and slightly higher for women; unemployment outside Nassau and Freeport tends to be higher than in the two major population centers. Considerable underemployment also exists in The Bahamas. Despite these facts, wage rates, while considerably lower than in the United States, tend to be higher than elsewhere in the Caribbean. The Ministry of Labor, Human Resources, and Training is responsible for enforcing labor laws and has a team of several inspectors who make on-site visits to enforce occupational health and safety standards and investigate employee concerns and complaints. The Ministry normally announces these inspections ahead of time. The Fair Labor Standards Act limits the regular workweek to 48 hours and requires at least one 24-hour rest period per week, paid annual vacations, and employer contributions to National Insurance (the local equivalent of Social Security). The Act also requires overtime payment (time and a half) for hours in excess of the standard or time worked during public holidays. The Act permits the formation of a wages council to determine a minimum wage, but not such council has been established. A 1988 law provides for maternity leave and the right to reemployment after childbirth. The Bahamian Constitution specifically grants labor unions the rights of free assembly and association. These rights are exercised extensively, particularly in the hotel industry where 80 percent of the employees are unionized. Unions operate without restrictions or government control. The right to strike is limited under the Industrial Relations Act, which requires that union members must vote to strike and that the motion must be passed by a simple majority before a strike can commence. The Ministry of Labor oversees strike votes. In general, labor-management relations in The Bahamas are very good, and major or prolonged strikes are very rare. Labor unions involved in disputes with foreign-owned enterprises have not been above using the fact of foreign ownership as a lever to gain popular support for their demands. Free Trade Zones: A free trade zone exists at Freeport on Grand Bahama Island, and a much smaller one on New Providence Island. The Hawksbill Creek Agreement established Freeport, the country's second-largest town, as a free trade zone in 1954. Firms in Freeport are granted the right to import materials duty-free, and enjoy other tax advantages. In 1993, the Bahamian government extended most hawksbill creek tax and duty exemptions through 2054, while withdrawing exemptions on real property tax for foreign individuals and corporations. Prime Minister Ingraham declared, however, that property tax exemptions might still be granted to particular individuals on a case-by-case basis. Capital Outflow Policy: While foreign investors in The Bahamas enjoy complete freedom to repatriate their investments and profits, The Bahamas does not offer any incentives for investment in other developing countries. Major Current Foreign Investments In The Bahamas Include: -- Alarge pharmaceutical plant in Freeport owned by Syntex Pharmaceuticals, which in turn is owned by the Swiss pharmaceutical firm Roche; -- Uniroyal chemical's plant manufacturing high performance antioxidants in Freeport; -- A container port facility being developed at Freeport by Hong Kong investors; -- A hotel, resort, and casino complex on Paradise Island near Nassau recently purchased by the South African firm Sun Hotels International; -- A large citrus farm being developed on Abaco Island by the B.G. Harmon Fruit Company of florida; -- A large shrimp farm on Long Island operated by the American firm Maritek; -- A tropical fish farm operated on Walker's Cay by Aqua Life, Ltd.; -- Carnival's Crystal Palace Resort, Casino, and Convention Center, recently purchased by the Ruffin Hotel Group of Wichita, Kansas. -- Coral Island underwater observatory, marine park, and hotel operated by an Israeli firm; -- Princess Cays, a cruise ship landing facility on Eleuthera Island owned by Landquest; -- Club Med resorts on Paradise Island, Eleuthera, and San Salvador; and -- Comfort Suites on Paradise Island