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Viewing cable 09MANAMA55, BAHRAIN INVESTMENT CLIMATE STATEMENT, 2009
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09MANAMA55 | 2009-02-01 04:28 | 2011-08-24 01:00 | UNCLASSIFIED | Embassy Manama |
VZCZCXYZ0000
RR RUEHWEB
DE RUEHMK #0055/01 0320428
ZNR UUUUU ZZH
R 010428Z FEB 09
FM AMEMBASSY MANAMA
TO RUEHC/SECSTATE WASHDC 8397
INFO RUCPDOC/USDOC WASHDC
UNCLAS MANAMA 000055
SIPDIS
FOR EB/IFD/OIA AND NEA/ARP
E.O. 12958: N/A
TAGS: ECON OPIC KTDB USTR BA
SUBJECT: BAHRAIN INVESTMENT CLIMATE STATEMENT, 2009
REF: 08 STATE 123907
¶1. Summary: The following is Post's submission of its Investment
Climate Statement for 2009. Each paragraph is keyed to the format
provided reftel. End Summary.
¶2. Bahrain Investment Climate Statement 2009
A.1 Openness to Foreign Investment
-----------------------------------
The Government of Bahrain has a generally liberal approach to
foreign investment and is eager to improve Bahrain's attractiveness
to international investors and businesses. Top government officials
make frequent public statements citing growth of foreign investment
as one of the government's main priorities. According to GOB
officials, Bahrain rates number 27 in attracting foreign direct
investment and the average foreign direct investment into the local
market reached USD 2.8 billion over the past three years.
The government has focused its efforts on the entry of new private
firms, particularly in the information and communications
technology, education and training services, tourism, financial
services, business services, healthcare services and downstream
industries. Bahrain's Crown Prince is also an outspoken proponent
of privatization in Bahrain, and took over the chairmanship of the
Economic Development Board (EDB), with a stated goal to provide a
"one-stop-shop" for potential investors.
In an economy largely dominated by parastatals (outside of the
financial services sector), the Government of Bahrain seeks to
foster a greater private sector role in economic growth. Following
the creation of a Supreme Privatization Council in the spring of
2001, the King of Bahrain, Sheikh Hamad bin Isa Al-Khalifa, issued a
decree on October 2002 laying out guidelines for privatizing
tourism, telecommunications, transport, electricity and water, ports
and airport services, oil and gas, and postal service sectors. In
June 2006, the government formed the Bahrain Mumtalakat Holding
Company, to manage all of the government's investments. Mumtalakat
has an official objective to reduce their shares in any company to
less than 50%. At the end of 2008, Mumtalakat held a 100% share in
the following companies:
-Al-Awali Real Estate Company
-Bahrain Airport Company
-Bahrain Food Holding Co.
-Bahrain International Circuit
-Bahrain Real Estate Company (Edamah)
-Gulf Air
-Gulf Air Group Holding Company
-Howar Island Development Company
-Tourism Projects Company
Mumtalakat also holds a 70% share in Aluminum Bahrain (ALBA); all
its other holdings are below a 50% share. At the end of 2008,
Mumtalakat was in negotiations to sell its 37.6% of
Telecomunications provider Batelco to a strategic partner.
The telecommunications sector was the first key sector to be
liberalized in Bahrain following the government's announced interest
in opening traditionally government-controlled industries. The
Telecommunications Regulatory Authority (TRA), established in late
2002, awarded a mobile telecommunications services license to
MTC-Vodafone, thus ending the monopoly of Bahrain's telecom services
provider, Batelco. The license was awarded under the
Telecommunications Law, which took effect January 2003.
Telecommunications liberalization extended to paging services, very
small aperture terminal (VSAT), public access mobile radio services,
international telecommunications facilities, international
telecommunications services, national fixed services, internet
service provider (ISP) and value-added services license following
the full liberalization of the sector on July 1, 2004. By December
2004, the TRA announced the provision of three International
Telecommunications Facility licenses (IFLs), five International
Telecommunications Services Licenses (ISLs), five VSAT licenses,
fifteen value-added Services (VAS) "Class" licenses and eight
Internet Service Provider (ISP) licenses. Also under the new
Telecommunication Law, mobile provider Zain International relocated
their headquarters from Kuwait to Bahrain. In January 2009, the TRA
awarded a third mobile telecom license to Saudi Telecom Company
(STC).
The public transportation service was also privatized in 2003. CARS,
a Bahraini-UAE joint venture, started operating in May 2003 with 41
new, air-conditioned, 52-seat buses. The CARS company completed its
plan to acquire 20 new buses by the end of 2003. The government
renewed the contract with CARS until April 2012. Its total
investment in the public transportation privatization project is
approximately USD 18 million.
The Kingdom's first independent power plant project (IPP) was also
successfully tendered and awarded to Bahraini-based Al Ezzel
Independent Power Producer (IPP), which is equally owned by a
Belgian-Gulf consortium of Tractebel EGI and Gulf Investment
Corporation. In 2006, the government sold their biggest electrical
plant Al Hidd Power Station for USD 728 Million to the consortium.
At the end of 2008, the Tender Board awarded a USD 2.2 billion
contract to build a new electrical power plant in Bahrain-the Al Dur
Water and Power Station-to Kuwait-based Gulf Investment
Corporation(GIC) and France's GDF Suez.
In 2008, the government moved the Directorate of Ports to a new
General Organization of Ports that oversees all port activities,
both marine and air. Four international operators have been
short-listed to manage Mina Salman and the new Mina Khalifa ports.
In 2006, the tender was awarded to the Danish company Muller. The
new port will start operating in the first quarter of 2009.
In 2006 the Bahrain Monetary Agency transformed into the Central
Bank of Bahrain (CBB). Seeking to maintain Bahrain's status as the
Gulf region's preeminent financial center, the CBB changed its
licensing practices in 2006 to give banks greater opportunities to
invest domestically and regionally. The CBB has been active in
developing regulations for the Islamic Banking sector, and has been
instrumental in making Bahrain a recognized center of Islamic
Banking.
The Bahrain Stock Exchange (BSE) allows GCC firms and GCC persons to
own up to 100 percent of listed Bahraini companies. Non-GCC
firms/persons may own up to 49 percent of listed Bahraini companies,
and 100 percent of foreign companies. The Minister of Industry and
Commerce chairs the BSE Board of Directors, but it is operated as an
independent corporate entity. In August 2006, a Free Trade
agreement between the U.S. and the Kingdom of Bahrain went into
effect.
In March 2004, as part of an effort to stimulate the insurance
industry and reinforce Bahrain's position as a major insurance
center in the Middle East, the Bahrain Monetary Authority (now CBB)
lifted the requirement that foreign insurance brokers and loss
adjusters have a local partner to operate. These firms, which were
previously required to have at least 51 percent Bahraini-ownership,
are now permitted to operate with 100 percent foreign-ownership.
The CBB is holding consultations on further reform in areas such as
captive insurance, solvency, business conduct, risk management and
financial crime, enforcement, BMA reporting and public disclosure,
intermediaries, and Islamic insurance. Taxation and import laws
apply equally to Bahraini and foreign-owned companies, and foreign
investors must comply with the same requirements and legislation, as
do local firms.
Bahrain requires that pharmaceutical products be imported directly
from a manufacturer with a research department and that the products
be licensed in at least two other GCC countries, one of which must
be Saudi Arabia. Drugs and medicines may be imported only by a
drug store or pharmacy licensed by the Ministry of Commerce after
approval by the Ministry of Health. Bahrain prohibits the
importation of weapons (except under special license), pornography,
wild animals, radio-controlled model airplanes, foodstuffs
containing cyclamates, and children's toys containing methyl
chloride (and other articles declared harmful by the Ministry of
Health). Bahrain is also taking steps to ban the import of 129
chemicals.
Bahrain has phased out most subsidies for export industries, but
permits duty-free importation of raw materials for export products
and of equipment and machinery for newly established export
industries. All industries in Bahrain, including foreign-owned
firms, benefit from government subsidized utilities.
Periodically, foreign firms experience difficulty obtaining required
work permits and residence visas for expatriate employees due to the
Bahraini government's efforts to promote greater numbers of Bahraini
citizens in the workforce. However, this does not appear to be a
matter of high-level policy, and often can be resolved on a
case-by-case basis. Where problems occur, U.S. businesses are
encouraged to apply to the highest levels of the concerned
ministries, and to consult the U.S. Embassy.
Bahrain offers several advantages to U.S. and other foreign
investors, including a Bilateral Investment Treaty with the United
States--in force as of May 2001--and a bilateral Free Trade
Agreement (FTA) in force as of August 2006.
The government actively seeks Bahraini and foreign private
investments in large infrastructure projects. Previously, most such
activity (other than hotels) was funded by development agencies from
other Gulf countries (particularly Kuwait, UAE, and Saudi Arabia).
Foreign-owned companies are eligible for partial financing from the
state-owned Bahraini Development Bank (BDB), if they meet certain
criteria such as providing training and employment to a significant
number of Bahrainis.
A.2 Conversion and Transfer Policies
-------------------------------------
Bahrain has no restrictions on the repatriation of profits or
capital and no exchange controls. Bahrain's currency, the Bahraini
Dinar (BD), is fully and freely convertible at the fixed rate of USD
1.00 = BD 0.377 (1 BD = USD 2.659). There is no black market or
parallel exchange rate.
Foreign exchange is readily available and a devaluation of the
Bahraini Dinar over the next year is unlikely.
There are no restrictions on converting or transferring funds,
whether or not associated with an investment.
A.3 Expropriation and Compensation
-----------------------------------
There have been no expropriations in recent years, and no cases in
contention. The U.S.-Bahrain Bilateral Investment Treaty (BIT)
protects U.S. investments by banning all expropriations (including
"creeping" and "measures tantamount to") except those for a public
purpose. In which case, it must be carried out in a
non-discriminatory manner, with due process, and prompt, adequate,
effective compensation.
A.4 Dispute Settlement
-----------------------
Bahrain has a long-established framework of commercial law. English
is widely used, and well-known international (including U.S.) law
firms, working in association with local partners, provide expert
legal services both nationally and regionally. Fees are charged
according to internationally accepted practices. Although only a
Bahraini lawyer can argue in a Bahraini court of law, lawyers of
other nationalities can and do work on cases. In April, 2007, the
government allowed the establishment of International Law Firms that
provide services such as commercial and financial consultancy in
legal matters. Moreover the Ministry of Justice is working to
establish a Commercial and Financial specialized court to fast-track
all the cases.
From May 2001, the U.S.-Bahraini BIT provides for 3 dispute
settlement options:
Submitting the dispute to a local court;
Invoking dispute-resolution procedures previously agreed upon by the
national or company and the host country government;
Submitting dispute for binding arbitration to ICSID (International
Center for Settlement of Investment Disputes) or any arbitral
institution agreed upon by both parties.
The GCC Commercial Arbitration Center, established in 1995, serves
as a regional specialized body providing arbitration services. It
assists in resolving disputes between GCC countries or between other
parties and GCC countries. The Center implements rules and
regulations in line with accepted international practice. Thus far,
few cases have been brought to arbitration. The Center conducts
seminars, symposia, and workshops to help educate and update its
members of any new arbitration related matters.
The Center's contact details are as follows:
GCC Commercial Arbitration Center
P.O. Box 2338
Manama, Kingdom of Bahrain
Tel: + (973) 17-214-800
Fax: + (973) 17-214-500
Website: http://www.gccarbitration.com/
Email: arbit395@batelco.com.bh
Arbitration procedures are largely a contractual matter. Disputes
are historically referred to an arbitration body as specified in the
contract, or to the local courts. Increasingly, Bahraini companies,
in dealings with both local and foreign firms, include arbitration
procedures in their contracts. Most commercial disputes are
resolved privately without recourse to the courts or formal
arbitration. Bahraini law is generally specified in all contracts
for the settlement of disputes that reach the stage of formal
resolution. Occasional lawsuits against individuals or companies
for nonpayment of debts have been adequately handled by Bahrain's
court system.
The guidelines laid down by the International Chamber of Commerce
(ICC) in Paris are generally respected, and disputes have been
occasionally referred to arbitration at the ICC in Paris. Bahrain
is a signatory to the New York Convention of 1958 on the Recognition
and Enforcement of Foreign Arbitration Awards.
A.5 Performance Requirements and Incentives
---------------------------------------------
There are no special performance requirements imposed on foreign
investors. This is reinforced by the U.S. - Bahraini BIT, which
forbids mandated performance requirements as a condition for the
establishment, acquisition, expansion, management, conduct or
operation of a covered investment. Foreign and Bahraini-owned
companies must meet the same requirements and comply with the same
environmental, safety, health, and other labor requirements.
Officials at the Ministries of Labor, and Commerce and Industry
supervise, on a non-discriminatory basis, companies operating in
Bahrain.
Industries must be set up in identified industrial areas. An
Environmental Impact Statement (EIS) must be filed by all
manufacturing facilities. After one complete year of operation, a
manufacturing facility is eligible for relief from tariffs imposed
by other GCC states on imported goods.
A.6 Right to Private Ownership and Establishment
--------------------------------------------- ----
In principle, private entities may freely establish, acquire, and
dispose of interests in business enterprises, subject to the
limitations noted in this chapter.
The U.S.-Bahrain FTA entered into force in August 2006. The
agreement significantly expanded the scope of economic, commercial,
and trade relations between the two countries. The FTA does not
have a separate investment chapter.
The U.S.-Bahrain Bilateral Investment Treaty (BIT) provides benefits
and protection to U.S. investors in Bahrain, such as
most-favored-nation treatment and national treatment, the right to
make financial transfers freely and without delay, international law
standards for expropriation and compensation cases, and access to
international arbitration. The BIT guarantees national treatment
for U.S. investments across all sectors, with exceptions for
ownership of television, radio (or other media), fisheries, and
privatization of oil dredging or exploration. Bahrain also provides
most favored-nation or national treatment status to U.S. investments
in air transportation, the buying or ownership of land, and the
buying or ownership of shares traded on the Bahrain Stock Exchange
(BSE).
Because of the national treatment offered American firms in the BIT,
American firms interested in selling products exclusively in Bahrain
are no longer required to appoint a commercial agent, though they
may opt to do so anyway. A commercial agent is any Bahraini party
appointed by a foreign party to represent the foreign party's
product or service in Bahrain.
Bahrain permits 100 percent foreign-ownership of new industrial
entities and the establishment of representative offices or branches
of foreign companies without local sponsors. Wholly foreign-owned
companies may be set up for regional distribution services and may
operate within the domestic market as long as they do not
exclusively pursue domestic commercial sales. Private investment
(foreign or Bahraini) in petroleum extraction is permitted only
under a production-sharing agreement with BAPCO, the state-owned
petroleum company.
Since January 2001, foreign firms and GCC nationals may own land in
Bahrain. Non-GCC nationals may own high-rise commercial and
residential properties, as well as property in tourism, banking,
financial and health projects, and training centers, in specific
geographic areas.
A.7 Protection of Property Rights
----------------------------------
The Bahraini legal system adequately protects and facilitates
acquisition and disposition of property rights. The concept of a
mortgage exists, and there is a recognized and reliable system of
recording such security interests. However, there is currently no
mortgage law that guarantees lenders the right to repossess property
in case of mortgage non-repayment. In June 2008, the CBB began
drafting a new mortgage law that remained in the consultation
process at the end of the year.
Under the U.S.-Bahrain FTA, Bahrain committed to enforce world-class
IPR protection. Bahrain signed the Berne Convention for the
Protection of Literary and Artistic Works and the Paris Convention
for the Protection of Industrial Property in 1996. Revised
legislation to implement Bahrain's obligations under the TRIPS
Agreement was ratified in May 2006. Bahrain joined the WIPO
Copyright Treaty and the WIPO Performances and Phonograms Treaty. In
May 2006, Bahrain passed laws related to intellectual property to
bring Bahrain's local laws into compliance with its current Paris
Convention commitment and to position it to join the Nice Agreement,
Vienna Agreement, Patent Cooperation Treaty, Trademark Law Treaty,
Madrid Agreement, Budapest Treaty, and the Rome Convention.
The government has made dramatic progress in reducing copyright
piracy, and there are no reports of significant violations of U.S.
patents and trademarks in Bahrain. The government's copyright
enforcement campaign began late 1997 and was based on inspections,
closures, and improved public awareness. The campaign targeted the
video, audio, and software industries with impressive results. The
commercially pirated video and audio markets have been virtually
eliminated. However, software piracy, which has shifted from retail
to end-user violations, remains problematic.
There are no technology transfer requirements that force firms to
share or divulge technology through compulsory licensing to a
domestic partner, nor are firms forced to commit to undertake
research and development activities in Bahrain.
A.8 Transparency of Regulatory System
---------------------------------------
In October 2002, Bahrain implemented a new government procurement
law that establishes the basic framework for a transparent,
rules-based government procurement system. It provides that
certain procurements may be conducted as international public
tenders open to foreign suppliers. To implement this law, a tender
board, chaired by a Minister of State, was established in January
2003 to oversee all government tenders and purchases. In the past,
government-tendering procedures for large projects were not highly
transparent.
U.S. companies sometimes reported operating at a disadvantage
compared with other international firms. Contracts were not always
decided solely based on price and technical merit, and selected,
pre-qualified firms were occasionally invited to bid on major
government tenders.
Since January 2003, however, the Tenders Board has processed all
tender decisions valued at USD 26,525 (BD 10,000) or higher.
Individual ministries and departments may still process projects
valued at less than USD 26,525 (BD 10,000). U.S. firms report that
the process is greatly improved over the previous system, though
some challenges remain. A local representative with strong
connections may still be important in the bidding process.
In the case of manufacturing enterprises, bureaucratic procedures
and red tape created stumbling blocks mainly due to the lack of
coordination between government ministries, which must sign off at
one stage or another of the licensing procedure.
In an attempt to streamline licensing and approval procedures, the
Ministry of Industry and Commerce opened the Bahrain Investors
Center (BIC) in October 2004 for both local and foreign companies
seeking to register in Bahrain. Moreover the government decreased
the fees of registrations in most of the commercial activities to
promote growth in this sector.
This high-tech, customer-friendly and easy to find facility, located
in one of Bahrain's largest malls is part of a larger effort by the
GOB to attract firms to use Bahrain as their "Gateway to the Gulf"
by setting up regional operations here. The BIC is designed as a
"one-stop shop" providing all commercial licensing and registration
services. It houses representatives from all relevant ministries
(over a dozen) and private sector representatives from the
telecommunication, legal, banking, and consulting industries under
one roof.
Officials from the Ministry of Commerce note that the BIC can
process and issue 80% of commercial registration applications within
24 hours, and 10% of commercial registrations within five working
days. The remaining 10%, mostly those having to do with health,
environment, and power and or other essential services, are
processed separately according to sector specific regulations and
licenses are issued on a case-by-case basis.
Legislation Process:
Draft legislation may be proposed by the Cabinet and by both the
lower house (Council of Representatives) and upper house (Shura or
Consultative Council) of the National Assembly. Once a draft law has
been produced and submitted to the lower and upper houses of the
National Assembly for approval, it is then passed to the Cabinet for
the King's signature. After the King signs the law, the law is
published in the Public Gazette and is promulgated.
Entrenched local business interests with government influence can
cause problems for potential competitors. Interpretation and
application of the law sometimes varies by ministry, and may be
dependent on the stature and connections of an investor's local
partner. Departures such as these from the consistent, transparent
application of regulations and the law remain rare, and investors
are usually well pleased with government cooperation and support.
A.9 Efficient Capital Markets and Portfolio Investment
--------------------------------------------- ----------
Consistent with the government of Bahrain's liberal approach to
foreign investment, government policies facilitate the free flow of
financial resources. Foreigners and Bahrainis alike have ready
access to credit on market terms. Generally, credit terms are
variable, but often are limited to 10 years for loans under USD 50
million. For major infrastructure investments, banks will often
offer to assume a part of the risk, and Bahrain's wholesale and
retail banks have shown extensive cooperation in syndicating loans
for larger risks.
There is an effective regulatory system that encourages portfolio
investment, and the Central Bank has fully implemented Basel II
standards. Bahrain has over 400 financial institutions with total
assets exceeding USD 240 billion at the end of 2008.
A.10 Political Violence
------------------------
Bahrain has experienced intermittent civil unrest since the mid
1990's. These disturbances have been directed primarily against the
regime, but in a few cases expatriate property, including homes,
vehicles, and places of business were damaged or destroyed.
Although the situation improved steadily after 1997, the 2002
upsurge in violence between Israelis and Palestinians sparked
anti-Israeli and anti-American demonstrations in Bahrain. The
protests peaked in April 2002 when a mob attacked the U.S. Embassy
and set fire to U.S. Government vehicles. Since that incident,
large-scale protest activity has subsided.
Throughout 2007 and 2008 there were numerous protests directed at
the government over issues such as housing, employment, and
sectarian discrimination. These protests were largely confined to
specific neighborhoods and villages, and have not involved damage or
injury to foreigners.
A.11 Corruption
----------------
According to U.S. firms, high-level corruption is sometimes an
obstacle to foreign direct investment and contracting, particularly
in the contract-bidding process and in operating notably successful
investments. In the case of some high-value contracts,
government-tendering procedures have not always been transparent and
contracts have not always been decided on the basis of price and
technical merit. However, petty corruption is relatively rare in
Bahrain. The bureaucracy is sometimes inefficient but it is
generally honest. Giving or accepting a bribe is illegal, although
the relevant laws are rarely enforced. Officials have been
dismissed for blatant corruption, but it is never so stated
officially; no one has been tried in court for corruption. The King
and Crown Prince have come out publicly in favor of reducing
corruption and some Ministries have initiated clean-up efforts to
reduce the problem. The expatriate business community is cautiously
optimistic that there is growing transparency in the government
procurement process. A new law to thoroughly revamp government
procurement procedures went into effect in January 2003. Bahrain is
not a signatory to the OECD Convention on Combating Bribery.
In September of 2007 the Crown Prince publicly launched an official
campaign against corruption. As a result, several executives in
state-owned companies were removed from their positions. In April
2008, Bahraini government officials were accused of accepting bribes
from the American firm Alcoa. The case is still under investigation
in the U.S.
A.12 Bilateral Investment Agreements
-------------------------------------
Bahrain and the U.S. signed a bilateral investment treaty (BIT) in
September 1999, the first BIT between the United States and a GCC
state. The agreement entered into force in May 2001. The
U.S.-Bahrain FTA does not include a separate investment chapter.
As of July 2003, Bahrain had bilateral investment protection
agreements in place with Algeria, China, Egypt, Jordan, Malaysia,
Morocco, Syria, Philippines and the UK. Bahrain has economic and
commercial cooperation agreements with Australia, Bangladesh, China,
Egypt, France, Greece, India, (Iraq), Jordan, Morocco, the
Netherlands, Russia, Singapore, South Korea, Syria, Tunisia, Turkey
and the UK.
Bahrain has air transportation tax agreements with China, France,
Belgium, Luxembourg, Italy, Thailand Greece, Singapore, Turkey, UK,
U.S. and Yemen, and two transportation agreements with Syria.
Bahrain has concluded double taxation agreements with Egypt, France,
India, Jordan, Malaysia, Belgium, Luxembourg, Algeria, Morocco, the
Philippines, Thailand and Tunisia.
A.13 OPIC and Other Investment Insurance Programs
--------------------------------------------- ----
On April 25, 1987, Bahrain and the U.S. Government signed an
agreement regarding activity in Bahrain by the Overseas Private
Investment Corporation (OPIC). The agreement opened the way for
extension of such OPIC facilities as investment insurance,
reinsurance, and investment guarantees to U.S. private investors
interested in doing business in Bahrain.
A.14 Labor
----------
The Bahrain labor force is estimated at 410,000, nearly two-thirds
of who are expatriates. The GOB publicly states that unemployment,
which official statistics put at 4.8 percent of Bahrainis in
Bahrain's workforce, is the country's foremost domestic political
problem. The United Nations Development Program (UNDP) estimates
real unemployment among Bahrainis to be 15 to 20 percent and as high
as 30 percent in some Shi'ite villages. On April 29, 2001 Bahrain's
Cabinet approved a two-year project worth over USD 65 million to
train and update professional skills of unemployed Bahrainis. One
of the government's primary initiatives for combating unemployment
is "Bahrainization," or the replacement of expatriate workers by
national ones. In 2002 the Government of Bahrain reserved certain
professions, including heavy vehicle drivers, for Bahraini
nationals.
In January 2006, the King initiated that National Unemployment
Project with a budget of USD 32 Million to combat unemployment by
providing training and a guaranteed job from the Ministry of Labor's
Job Bank. The Labor Minister also introduced an unemployment
allowance, to be paid from a general labor fund. The fund is
financed by deducting one percent from the wages of all workers. The
unemployment allowance program began in August of 2007, and is the
first such program in the GCC.
The Crown Prince launched a national debate in 2004 aimed at
creating a new labor vision for the Kingdom. This new reform effort
seeks to promote employment and training of Bahraini workers. The
initiative is likely to result in some legal changes in the labor
field. The government seeks to establish Bahrain as a regional
center for human resource development. Bahrain has over 50 training
institutes that offer training in a variety of areas such as
hospitality, information technology, business studies, English
language studies, and banking. Major training institutes include
the Bahrain Institute for Banking and Finance (BIBF), Bahrain
Training Institute (BTI), KPMG, and the British Council. Both
educational and vocational training curricula have been criticized
recently for not adequately preparing Bahrainis for the workforce.
The government is making concerted efforts to turn this situation
around.
In August of 2006 the King ratified the new Labor Reforms Law,
establishing two entities: the Labor Market regulatory Authority
(LMRA), and Labor Fund. The law imposed a monthly fee of BD10 on
each expatriate employed by a company. The revenues collected under
this program are earmarked to provide job training for Bahrainis.
Another major step that the government of Bahrain has undertaken is
the formation of trade unions. Government officials developed a
labor union law to allow trade unions and to establish a system that
would ensure and protect workers' rights. The labor union law went
into effect in Fall 2002.
A.15 Foreign Trade Zones/Free Ports
-----------------------------------
Mina Salman, Bahrain's major sea port, provides a free transit zone
to facilitate the duty-free import of equipment and machinery. The
North Sitra Industrial Estate is an industrial free zone and another
one is planned for Hidd. Foreign-owned firms have the same
investment opportunities in these zones as Bahraini companies.
A 1999 law requires that investors in industrial, or
industry-related, zones launch a project within one year from the
date of receiving the land, and development will have to conform to
the specifications, terms and drawings submitted with the
application. Changes are not permitted without approval from the
Ministry of Industry and Commerce.
A.16 Foreign Direct Investment Statistics
------------------------------------------
Foreign investments in Bahrain range from partial foreign ownership
of large parastatals in the oil and telecommunications sectors to
small restaurant franchises. Although the government does not
maintain detailed statistics on foreign direct investment flows, the
2007 U.N. World Investment Report indicates a 2006 FDI stock of USD
11.4 billion, or 71% of GDP, for inward investment, and USD 6
billion, or 37.6% of GDP, for outward investment. These stocks
include a 2006 outward flow of USD 2.9 million, and an inward flow
of USD 980 million. These flows represent 98.7% and 33.2% of gross
capital formation respectively.
By value, the largest foreign holdings in Bahrain include:
-Aluminum Bahrain (ALBA) and the Gulf Petrochemical Industries
Complex (GPIC), each of which are owned as joint investments by
several Gulf states.
-Bahrain National Gas Company (BANAGAS) is owned by Bahrain, a Saudi
investment firm, and Caltex Bahrain.
-Durrat Al Bahrain, a major real estate project valued at USD 3.4
billion, being developed by Bahrain Kuwait Finance House.
-Amwaj Islands, a tourism project is jointly owned by Bahraini,
Kuwaiti and Saudi corporate and individual investors.
-A USD 600 million tourism project of Al Areen Desert Spa and Resort
is owned by the Government of Bahrain, various private investors and
Gulf Finance House.
-The development of the USD 1.3 billion Bahrain Financial Harbor
project, owned by Gulf Finance House, personal and corporate G.C.C.
investors.
-A USD 398 million (BD 150) mall and USD 26.4 new Bahrain City
Center cinema complex was opened in 2008 by Dubai, U.A.E.-based Al
Futtaim Investments. The second phase will be completed in the
second half of 2009.
-Construction on a Saudi investment of a USD 199 million (BD 75
million) tourism resort called Marina West.
According to U.S. Embassy records, approximately 180 U.S. companies
were operating, in one form or another, in Bahrain as of January
¶2009. Many of the U.S. firms are in the services sector and thus do
not have a large capital investment in Bahrain despite a significant
local presence. Among the larger U.S. investments are the
following:
-Citibank's new regional headquarters building, opened in 2001,
valued at nearly USD 30 million.
-Shaw-Nass, a manufacturing plant owned by Shaw Industries, a U.S.
pipeline manufacturer, in partnership with a Bahraini firm, A.A.
Nass.
-National Hotels Company, owners of the Diplomat Radisson SAS Hotel
and Executive Apartments has injected USD 18 million for the
expansion project.
-U.S. operational headquartered Foster Wheel Energy Limited, a
subsidiary of Foster Wheeler Limited, were awarded a front-end
engineering design (FEED) contract to revamp Bahrain National Gas
Company's (BANAGAS) liquefied petroleum gas (LPG) facilities.
-Bentley College, Darden Graduate School of Business, and DePaul
Graduate School of Business have ongoing educational programs with
the Bahrain Institute of Banking and Finance (BIBF).
-Microsoft signed a deal to co-market IT at the USD 1.3 billion
Bahrain Financial Harbor development, and signed another contract
with GOB to be part of the e-government project.
-The CBB has granted a license to global insurance broking and
consulting giant, Aon Corporation, to establish Aon/Re Middle East,
an insurance brokerage firm in Bahrain.
-Joint venture between Bahrain-based Ithmaar Bank, U.S.-based
Overland Capital Group, Bahrain-based Gulf Finance House BSC, and
Kuwait-based Gulf Investment House with an authorized capital of USD
50 million and paid-up capital of USD 10 million establish First
Leasing Bank.
-Joslin Diabetes Center Affiliate - Bahrain (a partnership between
the Joslin Diabetes Center and local businessmen) have invested a
value of USD 9 million in the local economy.
-Kraft Foods opened a USD 40 million production plant in 2008.
American firms are also heavily involved in large-scale consulting
and construction projects in Bahrain. Below are examples of
large-scale U.S. affiliated consulting and construction projects in
Bahrain:
-Bechtel was responsible for the Engineering Procurement
Construction and Management (EPCM) of aluminum smelter ALBA's USD
1.7 billion fifth pot line expansion project in 2006.
-Parsons are the designers and supervising engineers for a USD 26
million-flyover project in Bahrain's Seef area, and USD 13 million
flyover near the U.S. Embassy. Parsons were also one of the
appointed consultants for the Riffa Golf Club Phase 2 Development
Project, and Lona project in Amwaj
-Great Lakes Dredge & Dock is performing dredging operations in
conjunction with the USD 464 million Sheikh Khalifa Port in Hidd
Industrial area. A USD 105 million dredging contract has also been
awarded to US-Bahraini joint venture Great Lakes - Nass (Great Lakes
Dredge & Dock and Nass Group).
-Cisco Systems have signed an agreement with Bahrain's Central
Informatics Organization (CIO) establishing a regional Cisco
networking academy.
-Binnie, Black and Veatch International Limited are the consultants
of Phase 3 of the Hidd (Power) and Desalination Complex. The
project was estimated to cost USD 400 million.
-Kuljian Corporation, are consultants for Ras Abu Jarjur
desalination plant expansion that is estimated to cost USD 26.5
million.
-General Electric Energy, Stone and Webster and Chicago Bridge and
Iron Company were amongst the five companies that participated in
the feasibility study of Kuwait Finance House's USD 1.3
petrochemical plant project.