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外商投资的吸引力罗马尼亚的策略
摘要
罗马尼亚，谁限制了资本的内部计划的资源，外资代表的不仅仅是一种需要，外资，除了要作出补充国家财政资源的贡献，其对罗马尼亚经济的必然结构调整起到支持作用。分析罗马尼亚对外资的吸引策略，文章强调投资过程的本质并且惊叹于处于宏观经济、政治结构和政治之间必须存在于投资领域，在这些国家的地区和整个国民经济的水平衍生的后果幅度的相互依存关系。如果在欧盟成员国的法规所提供的背景下，罗马尼亚必须重新思考整个政治对外国直接投资的吸引力，以符合欧洲社会群体法规的假设，国家援助领域的规定和约定为前提。文章标识了这种技术并认为罗马尼亚可能使用，进而成为一个投资目的地、对于跨国企业拥有更具吸引力的促销策略。 关键词 投资的吸引力，推广策略，经营环境，并发性。 Romanias strategy of attraction of foreign investments ABSTRACT For Romania, who has limited resources of capital on internal plan, foreign investments represent more than a necessity, foreign capital, besides the contribution to supplementation of financial resources of the country, having support role for inevitable structural adjustments of Romanian economy. Analyzing strategies of attraction of foreign investments to Romania, the article underlines the essence of investments processes and surprises the interdependence which must exists between macroeconomic and structural politics and politics in the field of investments, fact which derives in the amplitude of consequences at level of the regions of the country and the entire national economy. In the context offered by the statute of member if the European Union, Romania must think again the entire politics of attraction of direct foreign investments, in conformity with regulations of communitarian acquis and engagements assumed in the field of concurrency and state aids. The article identifies the techniques and promotion strategies that Romania might use to become an investment destination, more attractive for multinational enterprises. KEY WORDS investments attraction, promotion strategy, business environment, concurrency. 1. INTRODUCTION The development of contemporary national economies can not take place besides the international frame, the internal resources of each country being seldom insufficient to reach a high level of development and well being. The necessity to attract and use in an efficient manner foreign direct investment depend on the essence of the investments process, process that ensures, to a great extent, the social, political and economic prosperity of each country. The attraction of foreign investments becomes an important component of the economic politics of all states, especially the ones that raise the problem of taking again and acceleration of economical growth (Borensztein, E. & De Gregorio, J. & Lee, J-W., 1998). The world experience mentions that, in many countries in process of development, the investments jump in the economy started once with the apparition of the foreign capital (Saggi, Kamal, 2000). By attraction of external financial resources, especially the non reimbursable economic assistance can be realized the support of the process of transformation of the internal economic structures and orientation of foreign capital to sectors that possess comparative advantage. The research of the problems of foreign investments is conditioned by the fact that foreign investments are one of the basic modalities of integration of national economies in world economy. 2. CREATING OF THE LEGAL AND INSTITUTIONAL FRAME OF DIRECT FOREIGN INVESTMENTS IN ROMANIA In 1990, at short time after the events from December 1989, was adopted an extremely important law which made the first real step towards market economy and business world, Law 31/1990 regarding the realization and functioning of the commercial societies. This law realized the freedom of physical and juridical persons to be associated under certain forms, the most known being the limited liabilities societies and joint stock companies and to realize investment in any field of activity, by respecting certain norms. Law 31/1990 foreseen in principle also the possibility of foreign physical and juridical persons to be associated and realize commercial societies that will be registered and develop activities in conformity with Romanian legislation, in Romania. By this law was established the Romanian Agency of Development, as organ of central public administration, with main activity of issuing the necessary approval to realize foreign investments and promote them. The Romanian Agency of Development had as purpose to maximize the foreign investments in Romania, by ensuring the access of foreign investments to facilities of existent investments. Strategy of attraction of foreign investments was approved by the Parliament of Romania (Strategy of economic – social reform, 1993) and contains:
- establishing the objectives – realization of a correct and credible image of Romani on international market, as potential market for foreign investments and realization of a comparative advantage for Romania from the activity of promotion of Romanian Agency of Development ;
- definition of the promotion techniques with accent on directional promotion, identification of sectors, regions of enterprises or projects proposed to foreign investors and selection of external markets and potential investors;
- strategy of general promotion, with support activities for directional promotion (marketing, advertise) and which prepares the field for ulterior launching of the campaign for directional promotion; it is realized of a program of construction of
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Romania’s image (presentation of positive aspects, counteraction of the negative ones, accentuation of the specific advantages, etc), campaign in mass-media and with opinion formative, in general, and diffusions of specialized economic information about Romania (printing and promotion in the promotional literature, organization of seminaries and promotion conferences, economic rapports, etc);
- strategy of directional promotion, through which are established priority sectors for attraction of foreign investments, that might lead to reduction of imports, increase of exports and delivery of vital intermediary products for the other sectors of the national economy (Negri?oiu M., 1996).
The Government intended that, with the aid of the agency, to maintain the control on some foreign investments, even if in theory, was liberalized the access of foreign capital in economy. Practically, by confirmation issued by the agency, was introduced a negative discrimination between Romanian and foreign investors. For registration of a commercial society in case of foreign investors it is necessary a supplementary notice. Starting with 1991 and until June 1997, the Romanian Agency of Development analyzed the reliability of the investor, the field and modality in which was going to be realized the investment as well as the amount of the invested capital, issuing 50.000 notices. In fact, the activity of the agency should have been focused on promotion activities and attraction of foreign investments as was the case of homologous agencies from Hungary, Poland and Czech Republic. In the absence of a budget of representation of the measures of aspirations, without foreign representative abroad, the agency was transformed in a bureaucratic organism which aimed mainly the investments realized by physical persons in countries from Asia and Arabian countries. The main attraction was of the fiscal incentives granted in a generous manner by law to any investment of over 10.000 USD. Promotion activities were limited at brochures of the “Doing business in Romania” type and to the organization of a data basis with business opportunities. In June 1997, at the pressure of UE but also as a result of evolutions registered on international plan in the field of foreign investment, the legal frame was modified in the sense of issuing the liability of obtaining the approval of the agency with the purpose of realizing an investment in Romania. This liability was maintained only for investments in which the contribution of the foreign investor exceeded 350.000 American dollar or 1.000.000 American dollars in case of privatization and only with the purpose of obtaining a fiscal facility. The instability of the legal frame and the existence of an agency in other sense than during year 1998 this functioned as a department as part of Privatization Minister. In 1999, by cancellation of this minister, the agency become again an independent organism but, as follows, without an adequate budget, so that its activity in the field of promoting foreign investment remained limited at some publications and publishing some brochures dedicated to business environment and the statistics from the field of
direct foreign investments. The attributions of the agency have been completed with diverse responsibilities in the field of regional development, restructuring plans of the state companies, practice without connection with foreign investments. This ambiguous situation ended in the year 2000, when the agency was cancelled de jure, creating a department for foreign investors as part of Government of Romania. In conditions in which all countries of Central and Eastern Europe had an independent development agency, and in Romania was established, again, in 2003 a development agency (Romanian Agency for Foreign Investments – ARIS) having as object of activity dedicated exclusively to promotion and attraction of foreign investments (Gazette no. 443 from 24 June 2002, Law no.390 from 13 June 2002). ARIS did not bring news connected with the activity of promotion of ISD in Romania. The same insufficient budget and the lack of political visibility positioned the agency in a place of shadow, transforming it in a passive and bureaucratic organism which issues certificates to those investors aiming to obtain long time stay permit in Romania. The creation of the Romanian Agency for Foreign Investments - ARIS is, in fact, a first element of the Romanian strategy, to improve the image of the country in the eyes of the foreign investors but also the foreign investors in the eyes of the population. Romania, through ARIS, must make an inventory of the foreign investments opportunities for developed countries, as well as the investments climate in each district and development region and to make them known through other penetrating communication methods (internet, brochures, organization of symposiums, international fairs, round tables etc). To promote the foreign investment, an important role might have the business clubs, where, due to the presence of some personalities in political, diplomatic, business and scientific life, might describe the investments climate and the opportunities of Romania. The effects of promotion strategy of the image of Romania in the eyes of foreign investors can be evaluated in conformity with the method conceived for the development of a creative partnership of wellbeing (Bulz N., Stoica M , 2004).#p#分页标题#e#
3. CONFIGURATION OF THE STRATEGIES OF ATTRACTION OF DIRECT FOREIGN INVESTMENTS IN ROMANIA Elaboration of the attraction strategies of foreign investments is conceived, with the selection of the following four groups of influence factors:
- fiscal facilities and incentives;
- development of business environment at European and world level;
- incentives that proved the great efficiency in attraction of foreign investments;
- application of procedures methods of continuous perfection of foreign investments.
In this sense, Romania recognizes and appreciates the importance of foreign investments, as being one of the sources for development f modern economy, dynamic,
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based on knowledge. The experience of European Union demonstrates that foreign investments can have a substantial contribution to the realization of gross development product, to create new working places and to stimulate the increase of exports. Foreign investments, realized in Romanian enterprises, make that this ability to respond in a flexible manner to a powerful competitive market and to adapt rapidly to structural and cyclic changes of the world economy. A well developed sector of industry can support the stability and macro-economic increase. The strategy of Romania must take into account the harmonization of the autochthon legislation with the provisions of the communitarian acquis that is specific to the internal market, the introduction of measures for counteraction of the administrative and technical barriers, the development of a coherent institutional frame for elaboration and implementation of specific politics for improvement of the dialogue between governmental institutions, social partners and representation structures of the interests of enterprises to maximize their development efforts. In plus, the government of Romania must ensure the correlation of a political frame, the institutional arrangements and consultation mechanisms with the best practices and to create a platform for the efficient absorption of the communitarian funds, when it is the case. Still, Romania must take those measures that must simplify the procedures of registration and authorization of enterprising persons, to reduce the negative impact of the legislation and regulations n the development of business and to improve the access to information services.
In Romania it is necessary the simplification of the procedures of fiscal report, the reduction of the number and frequency of controls, alienation of any type of barriers to create favorable conditions to grant main liberty of the internal market. For passage to the informational society, will be focused efforts to take over communitarian initiatives regarding the use of IT in the relationship of the enterprises with public administration and to facilitate their access to public information connected to the business development. Romania must continue efforts in the development of on-line services to encounter the needs of the enterprises (as for example, the fill in of the administrative forms or to obtain on-line information, faster and cheaper, having as purpose the degrevation of their activity). The constitution of the Romanian Agency for Foreign Investments (ARIS) represented a positive sign for international business environment regarding the clear and firm engagement of the Government of Romania to put into practice the objectives established as part of the politics of attraction of foreign investments in Romania, signal appreciated by diplomatic representatives at Bucharest and the Board if Foreign Investors and the Association of Foreign Investors. Business environment in Romania, as well as the international ones considers that in the present, the Romanian Agency for Foreign Investments is a serious and competent partner in discussions, interested by the promotion of investments projects and assisting the investors in Romania, for the initiation of some project and solving problems that appear in the development of some projects that are already realized.
The Romanian Agency for Foreign Investments has a clearly stipulated mandate in art. 1 from Law no. 390/2002 of foundation, being responsible of the application of the Government to promote and attract direct foreign investments. For professional promotion, proactive of ISD and improvements efforts of the investments climate, the purpose of ARIS is to increase the foreign capital attracted in economy. The Agency can employ personnel from private sector as well as from public one and can authorize necessary expenses influencing better, at least from theoretical point of view, through lobby, the improvement of business environment. This independent structure was used by the most successful agencies of promotion of investments.
At the same manner will be created the Romanian Agency for Investments, by reorganization of the Romanian Agency for Foreign Investments, which, besides, the administrative responsibility (of practical implementation of the legal provisions), has also the role of contact point, coordination and promotion of politics in the field of investments. A change brought by this project is represented by the settlements of the investments contract, which is defined as the juridical document concluded between the investor and supplier of state aid, which ensured at the local level the fulfillment of the rights and liabilities which results from application of facilities granted on the basis of the law (National Program of Reforms). Romania simplified the procedures to obtain construction certificates and establishment of a unique center for processing the applications. Also, Romania adopted a new regulation of the work market which allows the extension of the contractual terms at 6 years. Still, it was simplified the legislation in the field of external commerce, so that the necessary time for merchants to realize customs requirements was halved with 14 days, and the number of the exportation documents decreased to 4, maintaining so the limit from the European Union. The improvement of business environment, effects of introduction of the unique quote of taxation and the positive attitude of the foreign partners in comparison with Romania brought to attraction of a volume of direct foreign investments in the amount of 5,2 milliards Euro in the year 2005 and 9,1 in 2006 in conformity with the National Bank of Romania/ So, the year 2006 represents the absolute record in which concerns the direct foreign investments attracted by Romania. In the first semester 2007, in conformity with the National Bank of Romania, the direct foreign investments reached the value of 3 milliards euros. Other solutions that are imposed for the improvement of the promotion activity of foreign investments in Romania might be:
- the necessity of a specific mandate granted to the agency of promotion of foreign investments by the government - mandate from which might result in detail the strategy, attributions and functions of the agency;
- solving the problem of financing, including under the aspect of insurance of the specialty personnel, by combination of the participation of the state budget with the involvement of the private sector and the programs of international assistance;
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- organization of the agency of promoting foreign investments in a closer form to the business world towards which this performs services;
- the necessity of development of some internal promotion programs through which will be explained the decision factors from the country about the importance and the specific of the activity of attraction of foreign investments;
- focus on direct approaches of foreign investment by presentation of specific offers of investment projects;
- promotional activity can be focused on project at level of economic branch or even of product.
Foreign investors will always be attracted by the countries granting their rights, no matter the juridical form that will create in that country. These rights lie from the property right that can obtain on goods that they want to invest, until protection as part of the arbitrage system that the legislation of that country allows (Alecu T., 2005). The improvements of the competition system has as effect the equality of chances of investments and the penetration on the market for investors, being advantageous for economy as new investors have chances of penetration on Romanian market, in sectors where powerful firms operate, possessing important market segments. For stimulation of real and correct competition between investors, it is very interesting the modality in which capable institutions, like the Council of Concurrence, attend the application of regulations in force and give instructions and directions to respect these rules. The possibility to co finance by the Romanian state increases the interest of foreign investors to bring new capitals, to create new investments. In any modern economy, the state contributes to important projects, grants incentives to support interest areas, projects with major impact on the population in an area. These characteristics can be obtained by legislative regulation and creation of state structures, which will attend the application of the realized regulations.
4. CONCLUSIONS To attract foreign investors, Romanian economy should achieve characteristics like:
- Perfecting a system of putting at disposal some funds for co financing of the investments. At present moment there is a series of legal regulations which offer the possibility of the commercial societies having exports, of the SME to take advantage of some nonrefundable funds, but the legislation in the field
can be hardly understood by taxpayers, the process of taking advantage of these mounts being difficult. In first place there lacks an easy system of information of the public on the possibility to beneficiate of such financing resources;
- Improvement of competition system. Starting with year 2007, there are a series of non reimbursable funds that the investors can take advantage. There should be taken measures for the increase of the transparency of granting these funds, so hat economic agents that are present in Romania be aware of the modality in which can be used such funds for the development of their investments.
Such a strategy of attraction of direct foreign investments must have the explicit support of government under the form of a political statement of support, encouragement and recognition of the contribution that direct foreign investment have in reaching commercial objectives of the country. Still, the Strategy must be applied and aimed, in all its details, by a specialized institution, organized in conformity with international standards, framed with quality personnel and invested by government with necessary authority.
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