TBILISI, GEORGIA
Private Sector and Human-resource Development in Georgia
Author: Lasha Martashvili
E-mail: lmg@bk.ru
(18.02.2004)
TABLE OF CONTENTS
1.1 Government promotion policies of small and medium size enterprises. 5
1.2 National Investment Agency of Georgia.. 5
1.3 Georgian Investment Center. 5
1.2.1 Government’s Export Promotion Policy. 6
1.2.2 Georgian Export Promotion Agency (GEPA) 9
1.4 Foreign Investment Promotion.. 14
1.3.1 Government’s Foreign Investment Promotion Policy. 14
1.3.2 Foreign Investment Advisory Council (FIAC) 21
1.3.3 Taxation System and Tax Rates in Georgia. 23
1.3.4 Existing Taxation Practices. 34
1.6 Legislative Basis for the Operation of the Private Companies. 44
1.5.1 Law of Georgia on Entrepreneurs (LoE) (Corporate Law) 44
1.5.2 Law of Georgia on Securities Market (SML) 51
1.5.3 Employment Regulations in Georgia. 57
1.5.4 Regulations about Real Estate in Georgia. 59
1.7 The Business Environment in Georgia.. 61
1.8 Institutional Arrangements. 64
3.1 Main economic indicators. 70
4.1 Company Registration and Licensing System.. 110
4.1.1 Company Registration System.. 110
4.1.2 Company Licensing System.. 117
4.1.3 Joint Stock Companies traded at Georgian Stock Exchange. 120
4.1.4 Joint Stock Companies not traded at Georgian Stock Exchange. 132
4.3 Human-Resource Development in the Private Sector.. 134
5. Other Donors’ Activities. 138
5.1 The World Bank and IMF.. 138
5.1.1 List of the Active World Bank Projects in Georgia. 138
5.1.2 List of the Closed World Bank Projects in Georgia. 139
5.1.3 Description of the Closed World Bank Projects in Georgia. 140
5.1.4 The World Bank and IMF Cooperation in Georgia. 149
5.1.5 The World Bank Country Assistance Strategy for Georgia. 154
5.1.6 The World Bank Partners in Georgia. 161
5.8 The Government of the Netherlands. 163
Currency
(Exchange rate as of 01 Feb. 2004)
Currency Unit = Georgian Lari (GEL) |
1 USD = 2.11 GEL 1.0 GEL = 0.47 USD |
Abbreviations and Acronyms |
CAS | Country Assistance Strategy of the World Bank |
CFAA | Country Financial Accountability Assessment |
CIS | Commonwealth of Independent States |
CPIA | Country Policy and Institutional Assessment |
DFID | Department for International Development, U.K. |
EBRD | European Bank for Reconstruction & Development |
EDPRP | Economic Dev’t & Poverty Reduction Program |
EU | European Union |
FAO | Food and Agriculture Organization |
FDI | Foreign Direct Investment |
FIAS | Foreign Investment Advisory Service |
FSAP | Financial Sector Assessment Program |
FSU | Former Soviet Union |
FY | Fiscal Year |
GDP | Gross Domestic Product |
GEL | Georgian Lari |
GNP | Gross National Product |
GoG | Government of Georgia |
GSE | Georgian Stock Exchange |
GTZ | German Technical Cooperation |
IDA | International Development Association |
IDF | Institutional Development Fund |
IDP | Internally Displaced Persons |
IFC | International Finance Corporation |
IMF | International Monetary Fund |
IOSCO | The International Organization of Securities Commissions |
JSC | Joint Stock Company |
KfW | German Financial Cooperation |
LLC | Limited Liability Company |
MDGs | Millennium Development Goals |
MoF | Ministry of Finance |
NBG | National Bank of Georgia |
NGO | Non-Governmental Organization |
NBG | National Bank of Georgia |
NGO | Non-Governmental Organization |
OECD | Organization For Economic Coop’n & Development |
PER | Public Expenditure Review |
PPP | Purchasing Power Parity |
PRGF | Poverty Reduction and Growth Facility |
PRSP | Poverty Reduction Strategy Paper |
SAC | Structural Adjustment Credit |
SATAC | Structural Adjustment Technical Assistance Credit |
SEC | Security and Exchange Commission |
SIDA | Swedish International Development Agency |
SIF | Social Investment Fund |
SME | Small and Medium Enterprises |
SRS | Structural Reform Support Project |
TACIS | Technical Assistance to the CIS (EU) |
UNDP | United Nations Development Program |
UNHCR | United Nations High Commissioner for Refugees |
USAID | United States Agency for International Development |
VAT | Value Added Tax |
WTO | World Trade Organization |
[To be described:] "Small and Medium Enterprise State Support Program for 2002 - 2004 in Georgia"
[To be described:] Law of Georgia "On Promotion of Small and Medium Enterprises"
[To be described:] Law of Georgia "On National Investment Agency of Georgia"
[To be described:] Activities of the National Investment Agency of Georgia
[To be described:] Activities of the Georgian Investment Centre
Foreign Trade Regimes. Reforms carried out in recent years in Georgia, including serious legal reforms, are working successfully to create a favourable foreign trade regime in the country. Since 1995 the following major reforms have taken place in Georgian legislation:
Export of goods requiring an export license have been reduced to the following classes:
Collections and collectors' pieces of zoological, botanical, mineral, anatomical, historical, archaeological, paleonthological, ethnographic or numismatic interest (HS - 9705);
Wood and timber (4401, 4403, 4404, 4406, 4407);
Seeds of Caucasus Pine (120999100);
Ferrous and non-ferrous metal scrap (7204, 7404, 7602).
The system of compulsory registration of foreign trade contracts was eliminated in November 1997.
The establishment of favourable trade regimes with partner countries through bilateral and multilateral agreements has commenced. During the period 1992 - 1998, Georgia signed trade agreements with 22 countries. Agreements on free trade have been signed with eight CIS countries and Georgia already has working free trade agreements with Russia, Ukraine, Azerbaijan, Armenia, Kazakhstan and Turkmenistan. Currently a multilateral agreement on CIS free trade zone is being enforced. According to these agreements signatories to the agreement need not use customs duties and taxes for exports or imports of the goods originated in the territory of one party and destined to the territory of the other party.
Furthermore, Georgia has become a part of several international conventions.
On October 6, 1999 Georgia became a member of the World Trade Organization (WTO) which granted Georgia the status of the Most Favoured Nation with 135 WTO member countries. Through the mechanisms of this organisation, Georgia will be protected from discrimination, unfair competition, falsification and unjustified limitations.
In 1996 Georgia signed an agreement on partnership and cooperation with the European Union which deals with economic relations in almost every sector. In fact the agreement covers all sectors of the economy.
In 1999 Georgia became a member of the Council of Europe with full rights, which will further facilitate trade-economic relations between Georgia and member countries of the European Union.
Many countries have granted to Georgia reductions in import customs taxes to their countries, under the General System of Preferences. These include the countries of the European Union, Switzerland, the Czech Republic, Slovakia, Canada and Japan. This is one of the most important influences on the successful growth of exports for Georgia. The effective use of facilities such as GSP will substantially promote Georgian export development.
Law of Georgia "On Technical Barriers to Trade". The law "On Technical Barriers to Trade" lays down the basis for eliminating the technical barriers to trade during the process of the preparation, adoption and application of the technical regulations, standards and the procedures for the assessment of conformity.
The national technical regulations and standards should not create unnecessary obstacles to trade, which will put national products in favourable conditions. Therefore, the development of the national technical regulations and standards should be carried out on the basis of a direct use of the international standards.
Georgian legislation did not envisage the concept of technical regulations. The concept of technical regulations was defined by Law of Georgia "On Standardization" adopted in 1999. The technical regulations is a legal act, which defines the technical specifications for products or service, which is done directly or by means of referring to Georgian standards and requiring that complying with these standards is compulsory.
The principles of the state standards that are effective in Georgia envisage the application of the national standards on a compulsory basis from the moments of its effectiveness. However, based on the principles that define the standards as voluntary, the international practice envisages two-stage approach to making a standard as mandatory requirement: the standard that was adopted by national body is optional and it may be used by any party, however it will become mandatory, if it is defined by:
The legislation;
Such stipulation is indicated in the technical regulations;
A producer or supplier of services assumed such responsibility by the assessment of conformity.
The first chapter of the present draft law lays down the legal basis for eliminating the technical barriers to trade during the process of the preparation, adoption and application of the technical regulations, standards and the procedures for the assessment of conformity.
It defines the terms, including "Technical barriers to trade", which in fact is the discrepancy in requirements from those used at a national level or in international practice with respect to the technical regulations, standards and the procedures for the assessment of conformity.
It defines the different categories of technical regulations, which include:
Legislative acts, the decrees of the President of Georgia, which consist of the product requirements;
The national standards, the application of which is mandatory;
The agency specific normative acts issued by government bodies, the competency of which, according to the legislation of Georgia, includes laying down the mandatory product requirements.
The second chapter defines the requirements to the content of technical regulations, preparation of technical regulations and procedures for the assessment of conformity, coordination of the activities related to the development of technical regulations, and recognizing the technical regulations of foreign countries as an equivalent to the national technical regulations.
Chapter three defines the procedure of applying technical regulations and standards, which includes making references to standards in technical regulations, fulfillment of standards as a mandatory requirement, fulfillment of standards as a voluntary requirement, and the national arrangements for applying the technical regulations and standards with respect to the national and imported products.
Chapter four defines the principles of providing information relating to technical barriers to trade. The main emphasis is placed on the Central Information Center of Standards, the main function of which is the relationship with the World Trade Organization. The Central Information Center of Standards provides information about the technical regulations, standards and the procedures for the assessment of conformity that are already developed or are in the process of development. It should carry out the coordination of activities of the centers set up in this field by other government bodies.