Measuring a Business Enabling Environment: The USAID BizCLIR Experience

Transcription

1 2011/SOM3/EC/WKSP/010 Measuring a Business Enabling Environment: The USAID BizCLIR Experience Submitted by: Nathan Associates Workshop on Approaches to Assessing Progress on Structural Reform San Francisco, United States September 2011

2 Measuring a Business Enabling Environment: The USAID BizCLIR experience Mark Walter APEC Technical Assistance & Training Facility (TATF) 20 September 2011 San Francisco A Review of the Dangers What are indicators really? Gaming the System The quantitative-qualitative continuum The potential inflexibility of quantitative indicators The pass-a-law trap Dejure vs. defacto and policy vs. outcome A word on dialogue A word on quick wins 1

3 What is BizCLIR? Business Climate Legal and institutional Reform Diagnostic A deeper, more qualitative look at the business enabling environment Legal Framework Implementing Institutions Supporting Institutions Social Dynamics Getting Credit Credit Information Pledge Registries Banking Regulation Non-Bank Financial Institutions Property Rights Bankruptcy Insurance, Tax, Accounting Leasing, Notaries Civil Procedure Enforcement Personal Identity Registration Gender Issues 2 What is BizCLIR? Business Climate Legal and institutional Reform Diagnostic The Challenge: A Full View of the Enabling Environment Starting a Business Dealing With Licenses Legal Framework Implementing Institutions Supporting Institutions Social Dynamics Employing Workers Registering Property Getting Credit Protecting Investors Paying Taxes Trading Across Borders Enforcing Contracts Closing a Business 3

4 BizCLIR Moving Beyond Traditional Uses Spin-off methodologies (AgCLIR, GenderCLIR, HealthCLIR, MicroCLIR) Targeted analysis of specific issues Complementary analysis of Doing Business findings Customized C t i d comparative projects 4 Applying BizCLIR to the ANSSR Structural Reform Priorities More open, well-functioning, transparent and competitive markets. Better functioning and effectively regulated financial markets. Labor market opportunities, training and education. Sustained SME development and enhanced opportunities for women and for vulnerable populations. Effective and fiscally sustainable social safety net programs. 5

5 Legal Framework Questions 37 total The goals of the competition law whether set forth in the body of the law, regulations, legislative history, or court decisions are clear and include the promotion of economic efficiency and consumer welfare. Cartels and cartel-like behavior (e.g., price-fixing, bid-rigging, market divisions, and concerted refusals to deal) are prohibited. Other non-cartel agreements among competitors that may adversely affect competition are subject to a "rule of reason" analysis. Vertical restraints (e.g., tying, exclusive dealing, reciprocal dealing) that may adversely affect competition are subject to a "rule of reason" analysis. Abuse of dominant position (monopolization) that may adversely affect competition is subject to a "rule of reason" analysis. Mergers and acquisitions that may adversely affect competition are subject to a "rule of reason" analysis. 6 Implementing Institutions Questions 36 total The competition agency has its own budget line item, and its funding is sufficient. The competition agency is adequately staffed. Salaries are adequate to attract and retain qualified staff. Staff includes lawyers, economists, and accountants. The competition agency has formal and informal staff training programs in place. The competition agency has the authority and means to hire additional expertise on an as-need basis (e.g., industry experts, academics, consultants, advisors). 7

6 Supporting Institutions Questions 16 total Trade and industry associations publish materials and incorporate training in the "do's and don'ts" of competition law and policy. The business or legal community supports one or more specialized publications on the commercial law and other business issues. Trade and industry associations report suspected law violations. Trade and industry associations contribute to television and radio programming on the basics of how free markets operate. 8 Social Dynamics Questions 12 total Leading political figures publicly advocate competition as a means to improve the economy. Legislation to introduce competition into sectors that were previously isolated from competition is usually successful. Government officials look to and draw from other countries' experiences enacting competition laws. The overall legal framework does not create or permit unnecessary licensing or market entry restrictions favoring incumbents. 9