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Contents 1 Background 2
CAMEROON – COUNTRY PROFILE Contents 2 5.9 1.1Map 2 5.10 Competition from state-owned enterprises (SOEs) 9 1.2 2 5.11 Corporate Social Responsibility (CSR) 9 2 5.12 Political violence 1 Background Geographical information 1.3History 2Population 3 2.1 Population figures (2011 estimates) 3 2.2 Population growth rate (2011 estimate) 3 2.3 Age structure (2011 estimates) 3 2.4 Gender ratios (2011 estimates) 3 2.5 Life expectancy (2011 estimates) 3 Efficient capital markets and portfolio investment 9 9 5.13Corruption 10 5.14 Bilateral investment agreements 10 5.15 OPIC and other investment insurance programmes 10 5.16Labour 10 5.17 Foreign trade zones / free ports 11 5.18 Foreign Direct Investment statistics 11 11 2.6Race 3 5.19 Starting a business in Cameroon 2.7Healthcare 3 2.8Languages 3 6 Country Risk Profile 12 6.1 Sovereign risk 12 3Economy 3 6.2 Currency risk 12 3.1Overview 3 6.3 Banking sector risk 12 3.2Currency 3 6.4 Political risk 12 3.3 Sectoral analysis 3 6.5 Economic structure risk 12 3.4 Latest Economic indicators 4 3.5 Two-year forecast 4 7 Country Outlook: 2012 – 2016 12 7.1 Political stability 12 7.2 Election watch 12 7.3 International relations 12 Policy trends 13 7.5 Economic growth 13 3.6Infrastructure 5 4Government 5 4.1 Political structure 5 7.4 5 Investing in Cameroon 6 5.1 Openness to foreign investment 6 7.6Inflation 13 5.2 Conversion and transfer policies 7 7.7 Exchange rates 13 5.3 Expropriation and compensation 7 7.8 External sector 13 5.4 Dispute settlement 7 5.5 Performance requirements and incentives 8 5.6 Right to private ownership and establishment 8 5.7 Protection of property rights 8 5.8 Transparency of the regulatory system 9 Appendix – sources of information © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 13 1 1Background 1.1Map Beginning in 1884, all of present-day Cameroon and parts of several of its neighbors became the German colony of Kamerun, with a capital first at Buea and later at Yaounde. After World War I, this colony was partitioned between Britain and France under a June 28, 1919 League of Nations mandate. France gained the larger geographical share, transferred outlying regions to neighboring French colonies, and ruled the rest from Yaounde. Britain’s territory – a strip bordering Nigeria from the sea to Lake Chad, with an equal population – was ruled from Lagos. In 1955, the outlawed Union of the Peoples of Cameroon (UPC), based largely among the Bamileke and Bassa ethnic groups, began an armed struggle for independence in French Cameroon. This rebellion continued, with diminishing intensity, even after independence. Estimates of death from this conflict vary from tens of thousands to hundreds of thousands. 1.2 Geographical information Cameroon is often referred to as the “hinge” of Africa with many indications of current and prior volcanic activity across the country. In the north Mount Cameroon remains an active volcano. Cameroon’s coastline stretches from the Bight of Biafra bordering Nigeria to Equatorial Guinea in the south. The country also shares borders with The Central African Republic, Chad, the Congo, Nigeria and Equatorial Guinea. Terrain and climate range from tropical coastal areas characterised by lush vegetation and mangrove swamps to dry savannah grasslands of the north. Cameroon has a total land area of 475,440 sq km and its natural resources include petroleum, bauxite, iron ore, timber and hydropower. French Cameroon became independent in 1960 as the Republic of Cameroon. The following year the southern portion of neighboring British Cameroon voted to merge with the new country to form the Federal Republic of Cameroon. In 1972, a new constitution replaced the federation with a unitary state, the United Republic of Cameroon. The country has generally enjoyed stability, which has permitted the development of agriculture, roads, and railways, as well as a petroleum industry. Despite slow movement toward democratic reform, political power remains firmly in the hands of President Paul Biya. 1.3History The earliest inhabitants of Cameroon were probably the Bakas (Pygmies). They still inhabit the forests of the south and east provinces. Bantu speakers originating in the Cameroonian highlands were among the first groups to move out before other invaders. During the late 1770s and early 1800s, the Fulani, a pastoral Islamic people of the western Sahel, conquered most of what is now northern Cameroon, subjugating or displacing its largely non-Muslim inhabitants. Although the Portuguese arrived on Cameroon’s coast in the 1500s, malaria prevented significant European settlement and conquest of the interior until the late 1870s, when large supplies of the malaria suppressant, quinine, became available. The early European presence in Cameroon was primarily devoted to coastal trade and the acquisition of slaves. The northern part of Cameroon was an important part of the Muslim slave trade network. The slave trade was largely suppressed by the mid-l9th century. Christian missions established a presence in the late 19th century and continue to play a role in Cameroonian life. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 2 2Population 2.1 Population figures (2011 estimates) Cameroon has a population of 20,129,878 (July 2012 est.). Estimates for this country explicitly take into account the effects of excess mortality due to AIDS. This can result in lower life expectancy, higher infant mortality and death rates, lower population and growth rates, and changes in the distribution of population by age and sex than would otherwise be expected. 2.2 Population growth rate (2011 estimate) 2.082% (2011 est.) 2.3 Age structure (2011 estimates) Total percentage Male Female 0-14 years 40.5% 4,027,381 3,956,219 15-64 years 56.2% 5,564,570 5,505,857 65 years and over 3.3% 300,929 356,335 Source: CIA World Factbook 2.4 Gender ratios (2011 estimates) Total population 1.01 male / female Under 15 years 1.02 male / female 15-64 years 1.01 male / female 65 years and over 0.84 male / female Source: CIA World Factbook 2.5 Life expectancy (2011 estimates) Total population 54.71 years Male 53.82 years Female 55.63 years 2.6Race Ethnic groups • Cameroon Highlanders 31% • Equatorial Bantu 19% • Kirdi 11%, Fulani 10% • Northwestern Bantu 8% • Eastern Nigritic 7% • Other African 13% • Non-African less than 1% Religions • Indigenous beliefs 40% • Christian 40% • Muslim 20% 2.7Healthcare The health care system in Cameroon is very interesting in the way it was built. The nation has about one doctor for every 10,000 people, so most health care providers are nurses. The system is organized in such a way that most people go through nurses or others who have been trained when they have basic health problems and go to the doctors when the problem is really serious or if they have the right connections. The Integrated Health Care Centres focus on mostly preventive medicine and they engage in many community programmes. The government is pursuing a vigorous policy of public health improvement, with considerable success in reducing sleeping sickness, leprosy, and other endemic diseases. The demand for all types of health services and equipment is high and constant. The need for modern equipment is especially urgent, with many clinics using outdated equipment, some of which is imported illegally from Nigeria. Malaria is prevalent in the Bénoué River Valley, the basin of Lake Chad, the coastal region, and the forests of southern Cameroon. A large percentage of the adult population is affected. Other serious water-borne diseases are schistosomiasis and sleeping sickness, which is spread by the tsetse fly. 2.8Languages Cameroon is home to 24 major African language groups. English and French are the official languages. 3Economy 3.1Overview Because of its modest oil resources and favourable agricultural conditions, Cameroon has one of the best-endowed primary commodity economies in sub-Saharan Africa. Still, it faces many of the serious problems confronting other underdeveloped countries, such as stagnant per capita income, a relatively inequitable distribution of income, a top-heavy civil service, endemic corruption, and a generally unfavourable climate for business enterprise. Since 1990, the government has embarked on various IMF and World Bank programs designed to spur business investment, increase efficiency in agriculture, improve trade, and recapitalize the nation’s banks. The IMF is pressing for more reforms, including increased budget transparency, privatization, and poverty reduction programs. Subsidies for electricity, food, and fuel have strained the budget. New mining projects - in diamonds, for example - have attracted foreign investment, but large ventures will take time to develop. Cameroon’s business environment - one of the world’s worst - is a deterrent to foreign investment. 3.2Currency The currency of Cameroon is the Communaute Financiere Africaine franc. For currency conversions, please visit www.xe.com. 3.3 Sectoral analysis 3.3.1 Main imports and import origins Cameroon’s main imports are machinery, electrical equipment, transport equipment, fuel and food. The origins of Cameroon’s imports include France, Nigeria, Japan, US, China, and Germany. 3.3.2 Main export and export destinations Cameroon’s main export commodities are crude oil and petroleum products, lumber, cocoa beans, aluminum, coffee and cotton. Main export destinations are Spain, Italy, France, the Netherlands 10.6, the US, and China. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 3 3.4 Latest Economic indicators 2010 1 Qtr Prices Consumer prices (2000=100) Consumer prices (% change, year on year) Financial indicators Exchange rate CFAfr:US$ (av) Exchange rate CFAfr:US$ (end-period) Deposit rate (av; %) Discount rate (end-period; %) M1 (end-period; CFAfr bn) M1 (% change, year on year) M2 (end-period; CFAfr bn) M2 (% change, year on year) Foreign trade (US$ m) Exports fob Imports cif Trade balance Foreign reserves (US$ m) Reserves excl gold (end-period) 2 Qtr 2011 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 115.6 0.7 115.7 0.1 116.8 1.6 118.3 2.7 118.9 2.9 119 2.8 120.6 121.6 3.3 2.8 473.9 486.7 3.3 4.3 1,340 6.6 2,286 8.6 516.3 534.6 3.3 4.3 1,409 11.3 2,357 12.3 508 480.6 3.3 4 1,486 16.1 2,492 16.5 482.9 490.9 3.3 4 1,602 10.4 2,623 12.9 480.1 461.7 3.3 4 1,561 16.5 2,548 11.4 455.8 453.9 3.3 4 1,573 11.7 2,589 9.8 464.9 485.8 3.3 4 1,668 12.2 2,702 8.4 1,209 1,057 152 1,106 1,082 24 1,015 1,031 -16 1,165 1,268 -102 1,286 1,209 76 1,510 1,501 9 1,168 n/a 1,388 n/a -220 n/a 3,467 3,079 3,516 3,643 3,748 3,488 3,239 3,199 486.7 507 3.3 4 1,782 11.2 2,869 9.4 Source: Economist Intelligence Unit 3.5 Two-year forecast (% unless otherwise indicated) Real GDP growth Oil production ('000 b/d) Gross agricultural production growth Consumer price inflation (av) Lending rate (av) Government balance (% of GDP) Exports of goods fob (US$ m) Imports of goods fob (US$ m) Current-account balance (US$ m) Current-account balance (% of GDP) External debt (year-end; US$ bn) Exchange rate CFAfr:US$ (av) Exchange rate CFAfr:US$ (end-period) Exchange rate CFAfr:€ (av) 2011 (a) 4.1 59.5 2.8 3 14 -1.3 5,668 5,908 -1,048 -4 3.3 471.2 499.2 656 2012 (b) 4.4 83.4 3.9 3.2 14 -0.6 6,424 6,121 -593 -2.3 3.6 518.5 526.9 656 2013 (b) 4.6 102 4 3.3 14 0.7 7,273 6,900 -579 -2.1 3.9 529 533.3 656 2014 (b) 4.8 108.2 4.4 3.4 14.5 0.9 7,873 7,513 -636 -2.2 4.3 534.4 529 656 2015 (b) 4.5 106 4.1 3.6 15 -0.3 7,822 8,029 -1,127 -3.5 4.7 530.1 522.7 656 2016 (b) 4.2 103.9 4 3.9 15.5 -0.8 8,156 8,502 -1,206 -3.5 5.2 520.6 521.1 656 a) Economist Intelligence Unit estimates; b) Economist Intelligence Unit forecasts Source: Economist Intelligence Unit © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 4 Key ministers • Prime Minister: Philemon Yang 3.6Infrastructure 3.6.1 Highways (2011 estimates) Total Paved Unpaved 50,000 km 5,000 km 45,000 km • Vice-Prime Minister and Relations with Assemblies: Amadou Ali • Justice: Laurent Esso • Secretary-General at the Presidency: Ferdinand Ngo Ngo Source: CIA World Factbook • Territorial Administration and Decentralisation: René Sadi 3.6.2 Railways (2011 estimates) • Tourism and Leisure: Bello Bouba Maigari Total 987 km • Agriculture and Rural Development: Lazare Essimi Menye Narrow gauge 987 km • Commerce: Luc Magloire Mbarga Atangana Source: CIA World Factbook • Communication: Issa Tchiroma Bakary 3.6.3 Airports (2011 estimates) • Defence: Edgar Alain Mebe Ngo’o Total 34 With paved runways 11 • Economy, Planning and Regional Development: Emmanuel Nganou Djoumessi With unpaved runways 23 • Employment and Vocational Training: Zacharie Perevette Source: CIA World Factbook • Energy and Water: Basile Atangana Kouna 3.6.4 Ports and harbours Douala, Garoua, Limboh Terminal. • Environment: Pierre Hele • External Relations: Pierre Moukoko Mbonjo • Finance: Alamine Ousmane Mey 4Government • Health: André Mama Fouda • Higher Education: Jacques Fame Ndongo 4.1 Political structure Official name République du Cameroun • Industry, Mining and Technology: Emmanuel Bonde Form of state Unitary republic • Post and Telecommunications: Biyiti Bi Essam Legal system The Cameroon legal system is based on English common law and the Napoleonic Code. • Public Works: Ambassala Patrice National legislature National Assembly with 180 members; elected by universal suffrage; members sit three times a year, in March, June and November, and serve a term of five years. • Labour and Social Security: Gregoire Owona • Livestock and Fisheries: Dr Taiga • Public Service and Administrative Reforms: Angouen Michel Ange • Transport: Robert Nkili • Governor of Banque des Etats de l’Afrique central: Lucas Abaga Nchama International organisation participation: • ACP • AfDB • AU • BDEAC • CEMAC • FA • FZ • G-77 • IAEA • IBRD • ICAO • ICC • ICRM • IDA • IDB • IFAD Head of state The Head of State is the President; elected by universal suffrage. • IFC • IFRCS • ILO • IMF • IMO • IMSO • Interpol • IOC National government Consists of the Prime Minister and Council of Ministers; includes the Rassemblement démocratique du peuple camerounais (RDPC) and the Union nationale pour la démocratie et le progrès (UNDP); the cabinet was last reshuffled in December 2011. • IOM, • IPU • IS • ITSO • IT • ITUC • MIGA • MONUSCO • NAM • OIC • OIF • OPCW • PCA • UN • UNAMID • UNCTAD Main political parties • RDPC, 153 seats in the National Assembly • UNESCO • UNIDO • UNWTO • UPU • WCO • WFTU • WHO • WMO • WTO National elections The last legislative elections were held in July 2007 and the last presidential elections were held in October. The next legislative elections are due in July 2012 and the presidential elections in October 2018. • Social Democratic Front (SDF), 16 seats • WIPO • Union démocratique du Cameroun (UDC), six seats • UNDP, four seats • Mouvement progressiste (MP), one seat © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 5 5Investing in Cameroon 5.1 Openness to foreign investment Historically, the Government of Cameroon (GRC) sought to attract foreign investment in order to create much-needed economic growth and employment; in his annual speech to the nation on December 31, 2011, President Biya emphasized that 2012 would focus on these economic priorities fuelled by, among other things, investment from “friendly nations.” In 2011, trade delegations from the United States, Thailand, Singapore, Germany, Holland, and many other nations visited Cameroon in search of investment opportunities. Nonetheless, prospective foreign investors should be aware that Cameroon is still beleaguered by endemic corruption that makes it one of the world’s most challenging business environments. Cameroon’s legislative body, the National Assembly, adopted an Investment Charter in April 2002 to attract international investors and replace the existing Investment Code of 1990. The GRC has not fully implemented the 2002 Investment Charter. In May 2009, President Paul Biya signed a decree postponing to 2014 the deadline for implementation of some provisions of the Investment Charter. The 2012 budget and finance law reduced the tax burden on certain sectors, such as pharmaceuticals and renewable energy, by eliminating the Value Added Tax for products in those sectors. The same law attempts to exclude the deductibility of expenses charged to offshore “tax havens.” The National Assembly preserved changes made in the 2010 budget and finance law eliminating the tax on registering for incorporation and the tax on corporate equity offerings and reducing duties on, imported used cars under seven years old. In 2008, the National Assembly passed legislation that grants incentives to infrastructural projects worth more than US$200 million. These benefits include tax incentives, such as an exemption from VAT. The relevant portions of the 1990 Investment remain in effect until the full implementation of the 2002 Investment Charter. In light of the incomplete implementation of existing legislation, investors must sort through conflicting and sometimes confusing legal requirements. When the 2002 Investment Charter becomes operational, some foreign and domestic investments will become subject to GRC approval, depending on which “regime” the investment falls under. The “automatic regime” permits investment without prior government approval. The “returns regime” permits investment after an application and the passage of two days without government objection, while the “approval regime” permits investment after an application and the expiry of fifteen days without government objection. The Charter is unclear, however, on how to classify investments (i.e. which regime to use). In an attempt to render the Investment Charter operational, the GRC put in place 23 committees to draft separate sector codes. The GRC has already adopted some of the codes, such as the Forestry Sector Code (1994), the Petroleum Sector Code (1999), and the Mining Sector Code (2001). In late 2011, the GRC adopted an Electricity Sector Code. The other remaining sector codes, including the Telecommunications Sector Code, are yet to be presented to the National Assembly. On 18 February 2010, Cameroon piloted its “One-Stop-Shop” in Yaounde, which aims to simplify the process for registering a business. In 2011, Cameroon added “One-Stop-Shops” in the cities of Bafoussam, Douala, Garoua, and Bamenda. Theoretically, these offices should decrease the time it takes to open a business from 30 days to 72 hours, although practice varies, according to sources. The World Bank’s 2011 Doing Business report showed an improvement for Cameroon in the area of Starting a Business, estimating that businesses took an average of 15 days to open. Although the 1990 Investment Code places some restrictions on foreign ownership, the 2002 Investment Charter permits 100 percent foreign equity ownership. In practice, substantial local equity ownership may help facilitate the investment approval process. Investors who intend to make direct investments of 100 million CFA francs (approximately US$ 200,000) or more must declare their intent to do so to the Ministry of Finance (MINFI) 30 days in advance. Cameroon is still in the process of privatising its state-owned companies through a tender process. Institutions such as the World Bank and the IMF have long called for the privatisation of the national telephone company, CAMTEL, which holds a monopoly on the international gateway as well as the landline network infrastructure. The privatisation process may also include calls for tenders from consulting firms to help the government build terms of reference for the privatisation. Some privatisation programmes are jointly managed by the GRC and the World Bank. Some of Cameroon’s recent international calls for tenders in the privatisation process (since 2004) have suffered severe setbacks due to lack of interest from qualified bidders or disappointing bids, and several of them have had to be postponed, sometimes indefinitely. Full privatisations are rare, as the GRC generally continues to hold 30-45 percent shares of “privatised” companies. In strategic sectors, such as the railway, airway transportation, or electricity, the foreign buyers retained market privileges provided for in previous lease contracts. The privatisation of Cameroon’s electricity distribution company, SONEL, resulted in a major foreign direct investment. For a purchase price of US$70 million, U.S.-based AES Corporation acquired 56% of SONEL to create AES Sonel in 2001. The concession agreement initially granted AES exclusive market access for distribution over a 20 year period. In addition the AES operating license allows it to own up to 1,000 MW of installed capacity (which approximates its current production). AES may also bid for additional capacity. The beach and tourist resort of Kribi rose in potential importance as an industrial hub in 2011, making it a more attractive investment destination. Currently, it is the terminus of the enormous ChadCameroon oil pipeline and maintains a small fishing port. In 2011, President Biya inaugurated a project to build a deep sea port near Kribi. Cameroon’s first natural gas fired power plant commenced construction in Kribi and will go online in the first quarter of 2013. A new road under construction from Yaounde to Kribi will reduce congestion on the principal Yaounde to Douala route and reduce vehicle travel times. Finally, several iron mining projects in southeastern Cameroon envision a new railroad with its terminus at the deep sea port at Kribi. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 6 Cameroon’s rankings in selected surveys are as follows: Index / ranking 2010 2011 2012 TI Corruption Index 146/178 134/182 n/a Heritage Economic Freedom 132 (World) 25 (Regional) 136 (World), 27 (Regional) n/a World Bank Doing Business 172/183 165/183 161/183 MCC Government Effectiveness 47% 55% 47% MCC Rule of Law 40% 40% 41% MCC Control of Corruption 40% 44% 39% MCC Fiscal Policy 97% 88% 86% MCC Trade Policy 17% 14% 7% MCC Regulatory Quality 47% 50% 54% MCC Business Start Up 27% 61% 64% MCC Land Rights Access 49% 34% 35% MCC Natural Resource Mgmt 59% 61% 58% 5.2 Conversion and transfer policies Cameroon uses the Communauté Financière Africaine (CFA) franc as its currency. The regional central bank, the Bank of Central African States (BEAC in French), issues CFA for circulation among the other members of the Central African Economic and Monetary Community (CEMAC, the regional grouping of Chad, Central African Republic, Gabon, Equatorial Guinea, and the Republic of Congo). Although it is at par with the West African CFA franc, the two currencies are not usually accepted for payment in each other’s zones. France’s treasury guarantees full convertibility of both currencies to the euro. Since 1999, the CFA franc has been pegged to the euro at a fixed exchange rate of 1 euro to 655.957 CFA francs. Dividends, capital returns, interest and principal payments on foreign debt, lease payments, royalties and management fees, and returns on liquidation can be freely remitted abroad. Liquidation of a foreign direct investment, however, must be declared to the Minister of Finance (MINFI) and the BEAC 30 days in advance. Commercial foreign exchange transfers must also be cleared by MINFI for business deals amounting to more than 100 million francs CFA (about US$ 220,000). For transactions below this amount, regulators require commercial banks to verify that the operations are genuine before proceeding with the transfer. Regulators routinely grant authorisations if the transactions comply with investment and fiscal regulations. The BEAC has a centralised computer system for electronic transactions within the banking network. This system (SYGMA is the French acronym), reduced financial transfer periods to one working day from the time of authorisation. 5.3 Expropriation and compensation Foreign and domestic investors receive legal guarantees that substantially comply with international norms, including full and prior compensation in the event of expropriation on the basis of public interest. Undeveloped land is more at risk for local expropriation than developed property. There are no confiscatory tax regimes or laws that could be considered detrimental to foreign investments. The 2002 Investment Charter recognises property rights and facilitates land acquisition. Cameroonian law does not require local ownership of land. Historically, there have been no major expropriations or other disputes involving American investment in Cameroon. 5.4 Dispute settlement The 1990 Investment Code states that, at the time of incorporation or application for Investment Code benefits, a firm may choose one of several procedures: adjudication by local courts, arbitration by the international courts of justice, or international arbitration centres, according to Cameroonian law and the arbitration regimes of which Cameroon is a member (described below). Prospective foreign investors who wish to avoid entanglement in the court system should consider arbitration as a form of dispute settlement. Under the 2002 Charter, claimants should forward petitions for redress or non-compliance with the provisions of the Charter to a Regulation and Competition Board, which was created in September 2004. Cameroon accepts binding international arbitration on investment disputes between foreign investors and the government. Difficulty in resolving commercial disputes, particularly the enforcement of contractual rights, remains one of the serious obstacles to promoting investment in Cameroon. Foreign corporate plaintiffs are often frustrated with the slow pace of the Cameroon legal system. Local businesses routinely exert pressure on the courts, which may be swayed by bribes or by the clout of a political heavyweight. Some foreign companies have alleged that judgments against them were obtained fraudulently or as the result of frivolous lawsuits. The enforcement of judicial decisions is also slow and fraught with administrative and legal bottlenecks. Cameroon’s bankruptcy law is an integral part of its commercial law. In case of bankruptcy, negotiable and enforceable guarantee instruments cover creditors. Cameroon is a member of the International Centre for the Settlement of Investment Disputes (ICSID, also known as the Washington Convention), and is a signatory to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention). In May 1997, Cameroon’s Council of Business Managers and Professional Associations (GICAM), an association of 207 companies and 15 professional associations representing 70 percent of all formal sector business activity in the country, created its own arbitration centre to handle business disputes. In 2011, however, approximately half of GICAM’s members separated to form a competing business association called “eCAM.” In early 2001, CEMAC also established a court in N’djamena to adjudicate regional commercial disputes. Cameroon is a signatory to the Organisation for the Harmonisation of Corporate Law in Africa Treaty (OHADA in French). Among other things, OHADA provides for common corporate law and arbitration procedures in the 16-member signatory states: (Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Niger, Senegal and Togo). Cameroon is a signatory to the 1985 Seoul Convention that established the Multilateral Investment Guarantee Agency (MIGA), aimed at safeguarding non-commercial risks. Cameroon is also a signatory to the Lome Convention (as revised in Mauritius in 1995), which created an arbitration mechanism to settle disputes between African, Caribbean, and Pacific states (ACP) and contractors, suppliers, and service providers financed by the European Development Fund (EDF). In July 2008, Cameroon adopted a law on public-private partnership (PPP) agreements, providing more clarity for the administrative, financial, and judicial framework for such arrangements. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 7 5.5 Performance requirements and incentives Investment incentives will change when the 2002 Investment Charter is fully implemented, until which time the relevant incentives from the 1990 Investment Code remain in effect. Depending on the size and nature of the investment, investments fall under one of the following regimes of the 1990 Code, each of which has specific eligibility and performance requirements: • Under the “basic” regime, firms must export at least 25 percent of their annual production, use Cameroonian natural resources for at least 25 percent of the value of their inputs, and create at least one local job for every 10 million CFA francs invested (approximately US$ 20,000). Benefits from the regime include an initial three-year tax exemption; customs fees as well as an exemption on purchase taxes relating to production and operational equipment are also exempted. Eligible companies are entitled to a number of exonerations and other exemptions for the first five years of the operational phase. The basic regime applies when three conditions are met: job creation for Cameroonians at the above rate, export activities amounting to 25% of turnover and, finally, use of national natural resources. • Under the small- and medium-scale enterprise (SME) regime, which applies to firms having total assets of less than 1.5 million CFA francs (US$ 3,000), there is no requirement for job creation. SME enterprises will receive the same benefits as listed above if they fulfil the SME regime. • Under the “strategic” regime, firms must export at least 50 percent of their annual production, use natural resources of at least 50 percent of the value of their inputs, and create at least one local job for every 20 million CFA francs invested (approximately US$ 40,000). Strategic companies will enjoy the same benefits as above for the first five years. Strategic companies must be operating in sectors that have been earmarked as strategic in the National Industrialization Road Map such as energy and mining. Additionally, the Industrial Free Zone regime, which applies to any location in Cameroon, grants broad exemptions from taxation and regulation, so long as 80 percent of production is exported. This provision of the 1990 Code is still in force, though it is unclear how the awaited implementation of the 2002 Investment Charter will affect it. No requirements for technology transfer or restrictions on geographic location exist. Where domestic Cameroonian firms lack technical knowhow in research and development, foreign firms can bid for projects that benefit from GRC subsidies. Visa, residence, and work permit requirements do not inhibit foreign investors, although the visa application process can be cumbersome and delivery slow. Quantitative restrictions on imports, non-tariff protection, and many import licensing requirements were lifted by the 1994 Tariff Code to conform to CEMAC regional customs regulations. In addition, the GRC abolished many other price controls in 1998, leaving only controls on “strategic” goods and services such as electricity, water, public transportation (roads), telecommunications, cooking gas, palm oil, imported fresh fish, pharmaceuticals, school books, and port-side activities (such as stevedoring). 5.6 Right to private ownership and establishment The government recognises the right of private ownership. The Ministry for State Property and Land Tenure governs property issues. The GRC simplified procedures for obtaining land titles and decentralised some authority, although American companies still report difficulties obtaining clear title to land. These documents now remain at divisional levels within a timeframe of one to six months. Foreign and domestic individuals and firms may legally establish and own firms, engage in remunerative activities, and establish, acquire, and dispose of interests in business enterprises. Investors may dispose of their property via sale, transfer, or physical repatriation of moveable property. 5.7 Protection of property rights The law recognises and usually enforces secured interests in property. The concept of mortgages exists in Cameroonian law, and the title is the legal instrument for registering such security interests, but in practice some lenders report extensive delays in obtaining court rulings to enforce their claims on assets given as collateral. Cameroonian law provides foreign and domestic investors with property rights protections that substantially comply with international norms and do not discriminate between foreign and domestic firms. In practice, however, Cameroonian courts and administrative agencies often issue rulings favourable to domestic firms and have been suspected of corrupt practices. Cameroon is a member of the 16-nation African Intellectual Property Organisation (OAPI in French), which is a member of the World Intellectual Property Organisation and offers patent and trademark registration in cooperation with member states. Patents in Cameroon have an initial validity of ten years. They can be renewed every five years upon submission of proof that the patent was used in at least one of the OAPI member countries. Without continued use, compulsory licensing is possible after three years. Trademark protection is initially valid for 20 years with renewal possibilities every ten years. Cameroon is also a party to the Paris Convention on Industrial Property and the Universal Copyright Convention. In 2008, Cameroon’s copyright registration system changed from a single body accepting registrations to multiple bodies divided according to field. The Minister of Culture liquidated one such organisation, the Cameroon Music Corporation (CMC), charged with registering musical works, and attempted to set up a new structure, Societe Civile Camerounaise de l’Art Musicale (SOCAM). Cameroon’s Supreme Court invalidated the Minister of Culture’s decision to liquidate CMC , leaving the status of copyright registration for music, a prolific industry in Cameroon, in question. Other registration bodies include the Copyright Corporation for Literature and Dramatic Arts (in French, SOCILADRA) which covers literature and software production; the Copyright Corporation for Visual Arts (in French, SOCADAP) for paintings; and the Copyright Corporation for Audio-Visual and Photographic Arts (in French, SCAAP) for audiovisual and photographic production. IPR is constrained by poor enforcement of existing laws, the cost of enforcement, the pervasiveness of infringement, rudimentary understanding of IPR among government officials, and a lack of public respect for copyright laws. Software piracy is widespread; pirated DVDs are common. Cameroon is taking steps to implement the World Trade Organisation’s TRIPs agreement and the United States Patent and Trade Office (USPTO) provided training on intellectual property rights protection to Cameroonian officials (including customs officers, magistrates, and civil servants) in 2011. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 8 5.8 Transparency of the regulatory system While Cameroonian business laws exist, implementation of these laws can be challenging. Under the current judicial system, local and foreign investors have found it complicated, time-consuming, and costly to enforce contractual rights, protect property rights, obtain a fair and expeditious hearing before the courts, or defend themselves against frivolous lawsuits. 5.10Competition from state-owned enterprises (SOEs) Private enterprises may compete with public enterprises when marketing products and services in Cameroon. Public companies are not eligible to participate in the bidding process when it comes to public tenders. However, if the government is certain that one of its companies can provide the service, it will typically not call for a tender. Implementation of the OHADA in French-speaking Cameroon has been satisfactory for some investors. The Anglophone regions of Cameroon, with business law inspired from common law, have sometimes shown resistance to implementing OHADA. State-owned companies are active in a number of areas: American, Cameroonian, and third-country firms complain that the tax system and its enforcement are predatory and prejudiced against the formal sector. Under the 2002 Investment Charter, however, taxation and customs enforcement mechanisms should apply equally to all taxpayers. • Oil refining (SONARA) 5.9 Efficient capital markets and portfolio investment The cost of capital in Cameroon is high. The BEAC has been working to lower benchmark interest rates from 11 percent in the 1990s down to four percent in 2011. However, commercial banks in 2011 charged between eight and 14 percent interest, depending on the risk, with maximum repayment terms of three years. Some large lenders to major companies have been able to extend the term beyond five years. Microfinance institutions can charge even higher rates on lending, ranging between 8% and 35%. • Mail delivery (CAMPOST) Cameroon’s sovereign rating stayed around B and B– over the last several years, according to Standard & Poors and Fitch. Foreign investors are able to obtain loans on the local market, but usually prefer to borrow offshore due to very high domestic interest rates and the unavailability of long-term capital in the domestic market. • Cocoa production (SODECAO) The Douala Stock Exchange (DSX) opened in April 2003. Three companies are currently listed on the DSX: water bottling company SEMC, agro-forestry company SAFACAM, and agro-industrial company SOCAPALM. SOCAPALM’s offering in 2009 was overbid. In late 2009, the World Bank’s Investment Finance Corporation issued bonds worth US$ 40 million, one third of which are traded on the DSX. In December 2010, the GRC issued its first sovereign bond (five years) to finance development projects, which is also currently traded on the DSX. On December 14, 2011, the GRC issued one short-term treasury bill, which investors fully subscribed, and raised CFAF 50 billion (US$100 million). The French treasury closely monitors the CEMAC central bank, the BEAC. Cameroon has 13 fully operational commercial banks, a state-owned mortgage company, which provides medium term loan finance to home buyers, and 25 insurance companies. Aggregate assets of commercial banks are over 1,800 billion CFA francs (approximately US$ 3.6 billion). Commercial banks and a wide network of micro-finance institutions constitute the largest part of the financial sector. The amount of non-performing assets held by these institutions is unknown. Cameroon has more than 430 operational micro finance institutions countrywide, grossing around 500 billion CFA (approximately US$ 1 billion) in deposits. Enterprises undertake mergers and acquisitions through discreet negotiations. Private firms are free to associate with any partner they choose and are free to organize industry associations. Cameroon’s six privatisation laws are complete, but have onerous bureaucratic requirements. Cameroon’s financial, legal and regulatory systems are solid but enforcement is inconsistent and often arbitrary. The GRC has not yet established a dedicated court system to protect and encourage investments. Cameroonian minority partners of foreign firms have occasionally to take over the operations of joint companies via court action or through harassment and intimidation by government officials. • Telecommunications (CAMTEL) • Social security (CNPS) • Oil and gas exploration (SNH) • Both upstream and downstream petroleum product distribution (TRADEX) • Mortgage finance (Credit Foncier) • Real estate (SIC) • Land development and management (MAETURE) • Cotton production and exports (SODECOTON) • Textile manufacturing (CICAM) • Tea and vegetable oil production (CDC) Cameroon also ran a national airline, now defunct, called CAMAIR. In March, 2011, the GRC re-launched its national airline under the name CamairCo. Each state-owned company has an appointed board of directors and a parent ministry. The most prestigious state-owned company, the National Hydrocarbons Corporation (SNH by its French acronym), operates in the field of oil and gas exploration, mainly by taking production-sharing agreements with private companies. The President of the Republic appoints the managing director, and the chairman of the board of directors remains the Secretary General of the Presidency of the Republic. Cameroon does not have a sovereign wealth fund. 5.11Corporate Social Responsibility (CSR) There is a general awareness of CSR among both producers and consumers. On a case by case basis, the GRC requires elements of corporate responsibility as part of the permit and project development process. For example, some mining companies invest in social infrastructure, such as health centres or schools, and other projects to benefit the local populations in the areas of their mining operations. While not always mandatory, the GRC increasingly requires mining and other projects to take environmental and social impacts into consideration. A common practice for many companies is to build bridges, health centres, and classrooms in villages near the work site. For example, in 2011, the Electricity Development Corporation built an entire new village for an indigenous population displaced by the future Lom Pangar dam project. 5.12Political violence In February 2008, Cameroon experienced its worst unrest in 15 years, as a transportation strike expanded into a more general protest against rising food and oil prices, as well as President Biya’s plan to amend the Constitution to allow him to eliminate presidential term limits and extend his rule. The current political climate is fairly calm and peaceful. Cameroonians re-elected Paul Biya president for another seven year term in October 2011; he has served in that capacity since 1982. Cameroon will likely conduct parliamentary and local elections in July 2012. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 9 As a result of UN mediation and the June 2006 Greentree Agreement, Cameroon and Nigeria implemented the International Court of Justice (ICJ) ruling on the Bakassi Penninsula territorial dispute; Cameroon resumed full control of the region on August 14, 2008. Relations with Nigeria are increasingly friendly. In 2009, delegations from both countries travelled to the Far North Region to lay the first boundary pillar to demarcate the Cameroon-Nigeria land border and the parties continued to survey the border without major disputes in 2011. The parties expect to complete the 250-kilometer border survey in 2012. 5.13Corruption Corruption is endemic in Cameroon, which consistently ranks as one of the most corrupt countries according to Transparency International’s Corruption Perceptions Index. Transparency International has an active presence in Cameroon. The government signed the U.N. Convention against Corruption (UNCAC) in April 2004 and ratified it in 2006. Cameroon gained some high profile corruption trials and convictions, and President Biya continues an aggressive campaign of corruption arrests dubbed “Operation Sparrowhawk.” In 2011 Cameroon’s Anti-Corruption Commission published its first report and Cameroon created a special tribunal to prosecute corruption cases. However, the GRC has still not implemented a constitutional provision voted in 1996 requiring government officials to declare their assets. Government reforms in the public procurement process began in 2002 when observers were installed to perform systematically ex-post-facto audits on valuable procurements. Nonetheless, governance of the public procurement process remains problematic. In November 2004, the GRC published new anti-corruption measures for public contracts. On December 9, 2011, the GRC created a special ministry dedicated to government procurement. Corruption is a criminal offense in Cameroon, and carries jail time (five years to life) and a fine (US$ 400 to US$ 4,000). Sectors with high corruption potential include government procurement, customs, and public health facilities. 5.14Bilateral investment agreements Cameroon has bilateral investment and/or commercial agreements with the following countries: Austria • Belgium • Canada • China • Denmark • France • Germany • Greece • Italy • Japan • Russia • South Korea • Spain • Switzerland • United Kingdom • United States 5.15OPIC and other investment insurance programmes The U.S. Government signed an Investment Guarantee Agreement with Cameroon in 1967. The 1990 Investment Code guarantees protection from non-commercial risk, and Cameroon is a signatory of the Multilateral Investment Guarantee Agreement (MIGA). 5.16Labour Cameroon’s 1992 Labour Code governs labour-management relations, providing for collective bargaining in wage negotiations, eliminating fixed wage scales, abolishing employment-based requirements on education levels, eliminating government control over layoffs and firings, and reducing the government’s role in the management of labour unions. The Labor Code does not apply to civil servants, employees of the judiciary, and workers responsible for national security. In theory, the Labour Code provides a legal framework for the emergence of a flexible and efficient labour market, but such a market has not fully emerged. Cameroon is a party to the ILO Conventions 87 and 98 permitting the freedom to form unions and the right to collective bargaining. After a long period of dissension between the government and labour unions, a new tripartite approach, including worker and employer unions as well as government representatives, addresses labour issues. This method has substantially improved relations between the parties for the benefit of both the workers and the employers, and the government intends to improve further workers’ rights and establish a new concept of internal discussions within companies before workers resort to strikes. The Minister of Labour and Social Security refers to this policy as “Social Dialogue.” The Ministry of Labour has taken an increasingly broad view of certain aspects of the Labour Code, especially regarding payment of “legal rights” to employees in the event of a restructuring or sale. Cameroon has a high literacy rate relative to Sub-Saharan Africa and offers a relatively well-educated labour force alongside a surplus of unskilled and non-technical labour. According to a 2005 survey conducted by the National Institute of Statistics in the two major cities, Yaounde and Douala, the unemployment rates (ILO criteria) in these cities are 14.7 percent and 12.5 percent, respectively. (The ILO defines an unemployed person as one who fulfils three conditions: 1 Without work, i.e. not having worked a single hour in a referenced week 2 Available for work in the coming 15 days 3 Actively seeking employment or having found one that will start later In 2010, the Ministry of Employment and Vocational Training estimated that 75% of the active workforce is underemployed, and less than 1 million of Cameroon’s 19.5 million people are employed in the formal sector. Cameroon’s National Statistics Institute cites Cameroon’s unemployment as 4.4 percent, according to 2005 data. About 50 percent of adult Cameroonians speak both French and English. Due to inadequate vocational and technical training, however, some industries have difficulties recruiting skilled labour in the domestic market. Also, the ready availability of unskilled labour means that technology used in many sectors, especially construction, remains basic. An individual raising a discrimination case against an employer may elect to bring the case where he resides or where he works. In practice complainants file most of these cases in their place of residence. This compels the company to dispatch officials to sometimes distant places where the individual might have better local contacts than the company. Similar agreements also exist with other countries in Africa, Asia, Latin America, and Eastern Europe. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 10 In recent years, Section 42 of the Cameroon Labour Code has posed some challenges to foreign companies selling their assets in Cameroon. Section 42(2)(b) allows employees or their labour organisations to demand compensation from the selling entity in advance of the sale of the asset. They may ask for termination of their contract and severance pay prior to the transfer, knowing that the new acquirer would still hire them or would need their acquired experience and service. In sectors where human resources costs are high, the practice can make it difficult for foreign investors to divest. 5.17Foreign trade zones / free ports While Cameroon currently has no designated foreign trade zones or free ports, it has an Industrial Free Zone (IFZ) regime applicable at any location through “industrial parks” or “single-factory” zones. Created in 1990 to promote internationally competitive export industries, the IFZ regime creates certain broad regulatory and tax exemptions for investors. It is unclear how the 2002 Investment Charter will affect the IFZ regime privileges. To qualify for IFZ status, the goods or services must not have detrimental effects on the environment, and enterprises must export 80 percent of production. IFZ firms receive a ten-year exemption from taxes and are subject only to a flat tax of 15 percent on corporate profits beginning in the eleventh year. They have a right to tax-free repatriation of all funds earned and invested in Cameroon and are exempt from foreign exchange regulations. They are also exempt from existing and future customs duties and taxes, including those on locally purchased production inputs. The National Agency for Industrial Free Zones is the regulatory body which oversees and administers Cameroon’s IFZ program. Though well-intentioned, the GRC has never really fully implemented the IFZ regime. 5.18Foreign Direct Investment statistics Although foreign direct investment (FDI) plays a key role in the Cameroonian economy, reliable FDI statistics are not available. Neither the government nor the Chamber of Commerce has compiled a comprehensive list of foreign investments in Cameroon or estimates of current values. The 2012 finance law requires foreign companies to seek the help of a tax advisor for mergers or acquisitions of a Cameroonian entity. Local affiliates of French transnational companies carry a large amount of capital formation, although domestic banks are fuelling some investment. The Chad-Cameroon pipeline, which runs over 1,000 kilometers from Chad’s Doba oil fields to the sea at Kribi, is one of the largest U.S. investments in sub-Saharan Africa, estimated at USD 4.4 billion when it was constructed in 2000. Exxon/Mobil and Chevron/Texaco jointly hold a majority interest in the pipeline company; this single project accounts for the lion’s share of American investment in Cameroon. France is still a major economic partner in Cameroon. Three commercial banks are majority French-owned. French interests are present in sugar production plants, cement production, food and drink and in the French telecommunications firm Orange, which operates one of Cameroon’s three GSM mobile telephone companies. French interests are also dominant in distribution (auto and machines), logistics, and transportation ventures, ranging from railway network operation to the port terminal operations. French exports of pharmaceuticals make up 70% of the Cameroonian market share. In all, there are more than 100 French branch companies in Cameroon employing some 30,000 people, and more than 200 enterprises owned by French nationals. China, South Korea, South Africa, Morocco and India are increasing their involvement in Cameroon’s economy. Royal Air Maroc has regular flights to Douala and Yaounde, a Moroccan investment bank has opened a regional office, and a Moroccan company manages the national water utility. Chinese and Korean companies are exploring mining opportunities and projects to manufacture cement. South African firm MTN operates one of Cameroon’s three mobile telephone licenses. A South African group also acquired the Cameroon Development Corporation’s tea sector and is now known as Cameroon Tea Estates (CTE). Indian nationals are involved in retail sales, and Hindalco shares an equity stake in the CAL bauxite mining project. 5.19Starting a business in Cameroon No Procedure Time 1. A notary public drafts certificate requesting a commercial bank to open a bank account for the new company. One day No charge 2. Deposit the initial capital in a bank and obtain a receipt. 1 day No charge 3. Have an attorney/notary or shareholder draft the memorandum and article of association; sign company bylaws before the notary. 2 days 2% of the share capital, 19.3% of VAT and FCFA 6,000 of stamp duties 4. Obtain a copy of the criminal 4 days record of company's directors FCFA 5000 5. Notary or entrepreneur files 8 days registration documents to the One-Stop-Shop. FCFA 41,500 for Registration, FCFA 6,000 for Quittance, FCFA 2,000 for stamps (2 of FCFA 1000) and FCFA 6,000 for stamp duties 6. Publish the incorporation of the company in the legal journal (Cameroun Tribune Outside of the petroleum sector, U.S.-based AES Corporation owns a majority stake in SONEL, the privatised national power producer and distributor. In 2009, AES launched “African Power Development Corporation,” headquartered in Douala, as a holding and investment vehicle for both its operations in Cameroon and planned activities elsewhere in Cameroon, Nigeria and possibly the Democratic Republic of Congo. Dole raises and exports bananas, and Del Monte, which has a U.S. equity stake, runs a banana production sharing contract with the country’s leading agro-industrial corporation, CDC. Colgate-Palmolive manufactures oral care/hygiene products for the local and regional markets at its Douala plant. In April 2003, the government awarded a permit to Geovic, a U.S. mining firm, to extract rich deposits of cobalt and nickel in Cameroon’s East Region. Cameroon Alumina Ltd. (CAL), a consortium with ten percent American equity, is planning to develop bauxite resources in Cameroon’s Adamoua region in a multibillion dollar project that will entail investments in the rail, port and power sectors. Additionally, several dozen U.S. companies are currently represented in Cameroon either directly or through agents or distributors. Associated costs 3 days © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. FCFA 76,000 11 6Country Risk Profile Sovereign Currency Banking Political Economic Country risk risk sector risk structure risk risk risk May 2012 B BB B CCC CCC B (AAA=least risky, D=most risky) 6.1 Sovereign risk Stable. Although domestic borrowing is increasing and debt management is poor, the debt stock will remain low. The fiscal position is sustainable and repayment capacity is underpinned by increasing oil exports and revenue. 6.2 Currency risk Stable. The CFA franc’s peg to the euro is expected to be maintained, as any devaluation would damage the Franc Zone’s reputation. Rising oil revenue will strengthen Cameroon’s external position and foreignexchange reserves. 6.3 Banking sector risk Stable. Cameroon’s financial landscape is dominated by solid international banks, but the sector suffers from an over-concentration of credit, weak regulation and high levels of non-performing loans. Excessive government payment arrears, if sustained, risk further weakening the sector. 6.4 Political risk The government raised expectations of a faster pace of economic and social development in the run-up to the 2011 presidential election, which could backfire if it fails to deliver. 6.5 Economic structure risk Cameroon’s oil dependency leaves it vulnerable to downward movements in energy prices. The oil sector accounts for more than one-third of government revenue and more than 40% of the country’s export receipts. 7Country Outlook: 2012 – 2016 7.1 Political stability After more than 29 years at the helm, Paul Biya was re-elected as president in October 2011 for another seven-year term, in an election marred by reports of widespread irregularities. Mr. Biya remains the pivot around which the state apparatus in Cameroon turns. The Economist Intelligence Unit expects him to remain in office throughout the forecast period, health permitting. However, political and social stability is fragile, owing to the lack of a clear successor to the 79-year-old president and the consequent jockeying for position within the ruling Rassemblement démocratique du peuple camerounais (RDPC). Under the 1996 constitution, the leader of the Senate should be named as interim President, but the Senate does not exist at present. In his inauguration speech to mark the beginning of a sixth presidential term, Mr. Biya promised to make the establishment of a second parliamentary chamber a priority. However, the president has pledged previously to enact fully the 1996 constitution without following through on his promise. In the absence of an upper house, the president of the National Assembly, Djibril Cavaye Yeguié, is Mr Biya’s official successor, although the legal framework is ambiguous and he lacks popular legitimacy and support. 7.2 Election watch In a bill that went to the vote on 2 April, the National Assembly postponed legislative elections, initially due in July 2012, for at least six months. The deferral of municipal polls, also due in July, is expected to be confirmed soon. Although no date has been set yet, it is likely that the municipal and legislative elections will be held simultaneously, in mid-2013. The postponement should allow the national electoral commission, Elections Cameroon (Elecam), to complete a full overhaul of voter lists using biometric verification, after opposition parties complained that the existing voter register was unrepresentative and outdated. The new voter lists should help to reduce the risk of voting irregularities, but the RDPC is nevertheless expected to add to its overwhelming parliamentary majority, as the President has marginalised the opposition parties and continues to restrict freedom of expression and association. The largest opposition party, the Social Democratic Front, which relies on its regional and Anglophone support base, now holds only 16 parliamentary seats out of 180, compared with 43 in 1997. Although the parallel municipal elections allow more space for smaller parties, the ruling party is still likely to reinforce its grip on rural areas. The next presidential election is scheduled for well beyond the end of the forecast period, in 2018, by which time Mr. Biya will be 85. 7.3 International relations Although France will remain Cameroon’s main foreign backer, French support for regime change in Côte d’Ivoire and North African states has not been well received by Mr. Biya’s administration, and Cameroon will seek closer ties with other countries that are interested in its natural resources, which include oil, timber, metals, diamonds and arable land. Links with China will continue to strengthen, helped by that country’s non-interventionist approach; China also promised recently to increase its military support for the Cameroonian navy. The US is helping Cameroon’s military to improve maritime security in the Gulf of Guinea, and the US ambassador has indicated that his country, already the biggest foreign investor in Cameroon through its stakes in the Chad-Cameroon pipeline and in the electricity company, AES-Sonel, is interested in investing more in the African country. The UK is keen to boost its commercial links with Cameroon, while Turkey, India and South Korea are also increasing their presence. Popular discontent and factionalism within the armed forces also pose serious threats to political stability. Mr. Biya’s age and reportedly fragile health raise the risk that he could become incapacitated while in office. The electoral law stipulates that should the presidency become vacant, an election is to be organised within 120 days. Nonetheless, disagreements over who should become acting leader during the transition would spark a power struggle, primarily between RDPC barons but also involving the country’s generals and military intelligence. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 12 7.4 Policy trends Economic policy over the forecast period will be guided by a longterm development policy, published in January 2010 as Document de stratégie pour la croissance et l’emploi (DSCE). The key objectives of the DSCE are to reduce poverty and to boost growth and employment. To achieve these goals, the government plans to increase infrastructure investment, improve private-sector access to finance and enhance health and education through higher spending. However, excessive subsidisation and ministries’ limited absorptive capacity, which stems partly from inefficient public financial management systems, will cause actual investment expenditure to fall short of budgeted outlays. Moreover, despite recent reform efforts the business environment will remain among the most difficult in the world, owing to bureaucratic bottlenecks, corruption, poor infrastructure, lack of access to credit and an inefficient legal system. 7.8 External sector Exports will be boosted by rising oil production and elevated global oil prices throughout most of the forecast period. However, the pace of export growth will slacken towards the end of the forecast period as oil production starts to dip and non-oil exports expand only slowly. Despite rising agricultural production, imports will increase as the public investment programme is ramped up and foreign investment in the natural resources sector triggers strong demand for imports of capital goods. Overall the trade balance will be slightly positive in 2012-14, before moving to an average deficit of 1.3% of GDP in 2015-16. The services deficit is expected to average 2.6% of GDP in 2012-14, reflecting heavy transportation costs, before moderating to 2.1% in 2016. The income deficit will average 1.5% of GDP, driven by rising profit and dividend remittances by foreign oil companies. 7.5 Economic growth Economic growth is expected to accelerate over the forecast period, from an official estimate of 4.1% in 2011 to 5.2% in 2012 and an average of 4.5% in 2013-16. Growth in 2012-14 will be underpinned by a substantial increase in oil and gas production as a number of new wells come on stream. The Economist Intelligence unit believes the budgeted forecast of 100,000 barrels/day (b/d) for 2012 to be slightly optimistic and expect output to average just over 82,000 b/d during the year and to peak at around 108,000 b/d in 2014. Inflows of donor funds and a small increase in diaspora remittances will help to maintain the surplus on the current transfers account at the equivalent of 0.9% of GDP on average in 2012-16. Driven by the positive trend in the trade balance, the current-account deficit is forecast to narrow in 2012 and to fluctuate around an average of 2.8% in 2012-14. A slower expansion in oil revenue will lead to a renewed widening of the deficit in 2015-16, to an average of 3.9% of GDP. The current-account deficit will be financed through foreign direct investment in the country’s growing oil and mining projects, as well as borrowing from official creditors and commercial banks. The final two years of the forecast period will witness a modest decline in oil output as new start-ups fail to offset falling production at some of the older fields. A number of projects are also under way in the mining sector. However, bureaucratic delays, as well as a possible drying-up of funds in the wake of ongoing economic difficulties in Europe, may mean that some of the mines that were originally expected to come on stream over the next few years may not commence production until later in the forecast period. Appendix – sources of information 7.6Inflation Owing to Cameroon’s dependence on imported food, consumer price inflation is affected by movements in global prices, although the government’s policy of heavily regulating prices and subsidising food imports moderates the impact. After last year’s spike in food prices it is expected that inflationary pressures from this particular source to stabilise in 2012-13. Nevertheless, a forecast weakening of the CFA franc against the US dollar will have the effect of pushing up the cost of imported goods, including capital equipment required to support the expansion of mining and infrastructure. As a result, inflation will be very much the same in 2012 as in 2011, with an average rate of 2.9%, and it will edge back up to 3.2% in 2013. The Economist Intelligence Unit Doingbusiness.org The CIA World Factbook Wikipedia Cameroon Guide Infloplease From 2014 onwards it is believed that the authorities will finally respond to pressure from the IMF for a reduction in subsidies. However, as this will be done on a phased basis, the impact on inflation will be relatively modest, leading to average inflation of 3.5% in 2014 and 3.9% in 2016. 7.7 Exchange rates The CFA franc is pegged to the euro at CFAfr655.96:€1 and therefore fluctuates in line with euro:dollar movements. The sovereign debt problems in the euro zone have caused the euro to depreciate, as investors have taken refuge in perceived safe-haven assets, including the US dollar. From a forecast average of CFAfr502.5:US$1 in 2012, it is expected that the franc will continue to weaken over the following three years – to an average of CFAfr530.1:US$1 in 2015 – before recovering slightly in the final year of the forecast period. © 2012 KPMG Services Proprietary Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. MC7204 KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity. The foregoing information is for general use only. NKC does not guarantee its accuracy or completeness nor does NKC assume any liability for any loss which may result from the reliance by any person upon such information or opinions. 13