Crowe Horwath TM African Footprint Issue 14 - January 2015 Technical Newsletter of the Crowe Horwath International African firms Inside This Issue: Ethiopia Location Ethiopia is situated in the north-eastern part of Africa. The official name is Federal Democratic Republic of Ethiopia (FDRE). It is bordered by the Sudan and South Sudan to the west, Eritrea to the north, Djibouti and Somalia to the east and Kenya to the south, extending 30 to 150 north of the equator and 330 to 480 east of the Greenwich Meridian. The capital is Addis Ababa. Ethiopia has an elevated central plateau varying in height from 2,000 to 3,000 meters above sea level. In the north and center of the country, there are some 25 mountains whose peaks reach over 4,000 meters. Ethiopia has a population of over 94.1 million and the country is 1.14 million square kilometres. Ethiopia 1 Withholding tax on payment of Interest to Non-Residents 3 Streamlining of Registration of Public Benefit Organizations in Kenya 4 2015 Outlook for Tourism in Africa 6 Calendar Ethiopia uses the Julian calendar which divides the year into 12 months of 30 days each. The remaining five or six days in a leap year constitute the short 13th month of “pagume”. The calendar is seven years behind the western or Gregorian calendar, with the Ethiopian new year falling in the month of September. Currency The currency of Ethiopia is based on the decimal system. The units of currency are the Birr and cents. The Birr is divided into 100 cents. Economic environment Enormous efforts have been implemented in major key sectors to achieve millennium development goals (MDGs). As a result, the Ethiopian economy has witnessed sustainable double digit broad based growth. Coffee is still the major export product for Ethiopia but others like gold, oil seeds, chat, flowers, live animal pulses, leather and leather products, meat and meat products, fruits and vegetables all contribute to the country's GDP. Feedback from our Readers! Should you wish a specific topic to be covered in our next issue, please let us know by emailing your request to our editor kent.karro@crowehorwath.co.za Audit Tax Advisory 1 Crowe Horwath TM Trade In order to enhance the export sector, the government has established the Ethiopian commodity exchange (ECX). ECX is a marketplace where buyers and sellers come together to trade, assured of quality, delivery and payment. ECX assures all commodity market players the security they need in the market through providing a secure and reliable end-to-end system for handling, grading and storing commodities, matching offers and bids for commodity transactions, and a risk-free payment and good delivery system to settle transactions, while serving all fairly and efficiently. Finance services The national bank of Ethiopia (NBE) is the central bank of the country; commercial banking functions are performed by the state-owned commercial bank of Ethiopia (CBE) and a number of private banks; the CBE and private commercial banks offer foreign exchange transactions and mail and cable money transfer services; they also participate in equity investments, provide guarantees and perform other commercial banking activities. International Market for Ethiopian Products Ethiopia has a large population and thus potentially one of the largest domestic markets in Africa. Beyond the domestic market, by virtue of its membership of the common market for eastern and southern Africa (COMESA) embracing 19 countries with a population of 400 million, Ethiopia enjoys preferential market access to these countries; Ethiopia’s proximity to the Middle East also offers potential market opportunities. The country also qualifies for preferential access to European Union markets under the EU everything but arms (EBA) initiative and to USA markets under the African growth and opportunities at (AGOA) and the generalized system of preference (GSP). Thus most Ethiopian products can enter into these markets quota and duty free; furthermore a broad range of manufactured goods from Ethiopia are entitled to preferential access under the generalized system of preference (GSP) in USA. Why invest in Ethiopia Ethiopia’s economy is still young with vast untapped resources and a range of investment opportunities; the country has comparative advantages in agriculture and agro-processing. The area with most promising potential for investment in the country today are agriculture, agro-processing, textile and garment, leather and leather products, sugar, cement, chemical, and pharmaceutical industry, tourism, mining and hydropower. The ongoing privatization program also presents enormous investment opportunities to potential investors particularly in the agricultural, manufacturing, hotel and tourism sectors. ? Agriculture - Ethiopia is endowed with abundant agricultural resources, with altitudes ranging from 148 meters below sea level to 4.620 meters above it; the country has 18 major and 49 sub agro-ecological zones, each with its own agricultural and biological potential. Thus the country possesses one of the largest and most diverse genetic resources in the world. ? Manufacturing - This sector is one of Government priorities and there are enormous incentives for investors from providing land and capital for investment. Due to the recent development in education there is available trained and semi-trained human labour at a relatively cheap cost. 2 Crowe Horwath TM ? Tourism - Ethiopia has much to offer to international tourists; it has a unique historical and cultural heritage, magnificent scenery, a surprisingly cool climate, rich flora and fauna, important archaeological sites and hospitable people. The northern tourist circuit known as the “history route” comprises the most important tourist sites in country. Its wealth of tourism attractions gives it great potential for cultural and educational tourism, photo safaris, hunting safaris, bird watching, water sports including river rafting, desert trekking, mountain climbing and ecotourism. Health tourism, on account of the cool climate and numerous hot springs, is an additional type of tourism with great potential. Tour operators have shown considerable growth in recent years. Conference tourism is aided by the presence of a number of international organizations in Addis Ababa including the African Union (AU) and the Economic Commission for Africa (ECA). - Ethiopia offers excellent opportunities for mineral prospecting and development. Geological studies have identified a favorable geological environment hosting a wide variety of mineral resources. According to the Ministry of Mines, Ethiopia has substantial deposits of gold, tantalum, platinum, nickel, potash and soda ash. ? Mining ? Construction services - Ethiopia has extensive opportunities in the construction industry, particularly in the construction of roads, residential, commercial and industrial buildings, including low-cost housing. Aware of the crucial role the road sector plays in the development of the national economy, the government has given special attention to the development of country's road network. Yeshanew Gonfa & Co An Associate of the Crowe Horwath Business Alliance Yeshanew Gonfa & Co is established with individuals with immense experience in auditing, financial and tax consultancy. Our partners have carried out assignments for many large and small organizations. Yeshanew Gonfa & Co is registered with the Federal Auditor General of Ethiopia to perform assurance services for companies and not for profit organizations operating in Ethiopia. Additionally, we are members of the Association of Chartered Certified Accountants, Association of External Auditors of Ethiopia and the Association of Professional Accountants and Auditors. We are well-qualified to respond to requirements quickly and effectively. We closely monitor schedules and deadlines, and regularly perform forecasts to anticipate potential issues or bottlenecks, allowing us to be proactive as opposed to reactive to situations. Our excellent working relationships with clients and our cooperative work ethic contribute to our success in meeting project schedules and deadlines. Yeshanew Gonfa Yeshanew Gonfa & Co Ethiopia Withholding tax on payment of Interest to Non-Residents We have previously reported that, with effect from 1 January 2015, interest paid by South African residents to non-residents of South Africa will be subject to a 15% withholding tax. This rate may be reduced by virtue and in terms of applicable Double Tax Agreements which South Africa has entered into with many foreign countries. This tax being borne by the non-resident recipient is a final tax and no further South African tax is payable by the non-resident on this income. Although the tax is borne by the recipient, it is collected by way of the payer withholding the tax from the amount of interest payable to the non-resident recipient. Payment of this withholding tax must be made to the South African Revenue Service (SARS) (on the prescribed form) by the close of the month following the month in which the interest is paid. If the amount of the interest is denominated in foreign currency, the amount must be converted to Rands at the spot rate on the date of withholding. It has just been announced that the implementation of the withholding tax has been delayed by 2 months and will now only apply to interest paid on or after 1 March 2015. Kent Karro Horwath Taxation (Cape) (Pty) Ltd South Africa There are exemptions if the amounts are paid by the Government, any bank, any headquarter company or in respect of any debt listed on a recognised Stock exchange. 3 Crowe Horwath TM Streamlining of Registration of Public Benefit Organizations in Kenya When the Public Benefit Organizations (PBOs) Act 2013 (Laws of Kenya) comes into operation, all non-profits registered in Kenya will be required to maintain one and only one form of legal registration in Kenya. One of the key objectives of the PBOs Act is to streamline, clean-up and harmonize the registration process of non-profits towards greater national and public accountability. Due to historical reasons, there are non-profits in Kenya that are registered under more than one legal registration option. The PBOs Act has given the following general and specific conditions: (1) A public benefit organization shall be registered under the PBOs Act for it to enjoy the benefits that accrue to Public Benefit Organizations. (2) No organization that is registered under any other law in Kenya shall be registered under this Act while its registration under that other law subsists. (3) Registration of an organization under the PBOs Act supersedes any prior registration of that organization under any other law in Kenya. (4) Where an organization is registered under the PBOs Act and under any other law, that organization shall be deemed registered under the PBOs Act and that other registration shall be deemed invalid. (5) Organizations shall be deemed to be similar under the PBOs Act if the name, objects and the officials, taken together, are similar whether wholly or partially. No organization shall purport to be a Public Benefit Organization unless that organization is: (a) registered under this Act; (b) where registered under any other written law in Kenya or not registered under any other written law in Kenya, the PBO's Authority has bestowed on that organization the status of a public benefit organization. Reference to “not registered under any other written law” suggests that there could be “legally” operating non-profit organization but with no legal home within the body of legal registration regimes (options) in Kenya. What the drafters of the PBOs Act had in mind was a major but silent non-profit sub-sector in Kenya which is estimated to have over 600,000 entities that are handling billions of Kenya Shillings annually. They are commonly known as Community Based Organizations (CBOs) and NGO networks. CBO's are active at local grass root levels but are in fact officially given recognition by the government through the government's ministry responsible for social services. NGO Networks do not have any form of registration and largely act as energy groups both for coordination of common activities, learning and knowledge sharing avenues and are generally good for political and non-political agitation. Networks are also effective at coordinating sector-wise activities to reduce wasteful duplication of effort and unwarranted NGO rivalry. 4 Crowe Horwath TM Existing Registration Avenues and Alternatives in Kenya There are five avenues (options) for legal registration as a non-profit in Kenya. A non-profit (by choice) and before 1990 could be legally registered under the Societies Act; Trustees Perpetual Succession Act; a company limited by guarantee; as a foreign branch of a non-profit in another country (also under the Companies Act) and since 1990, the fifth legal option was created under the NGOs Co-ordination Act No. 19 of 1990. (f) To date, the five statutory registration options remain on the statute books of Kenya. Over time, existence of the five legal registration options has caused considerable legal and political discomfort to the government of Kenya. The PBOs Act 2013 is essentially, but not wholly, an attempt to address both legal and political problems in the non-profit sector in Kenya. (a) an application form (in a prescribed format); (b) proof that it is a legal entity in another country; (c) the organization's address in Kenya; and (d) a written statement from a representative of the organization's headquarters with authority to provide such statement stating: such other particulars or information as may be required by the PBOs Authority in order to assist the PBOs Authority to determine whether or not the organization meets the requirements for registration under the PBOs Act. An international non-governmental organization may register as a public benefit organization by filing the following documentation: In order to bring some form of legal order, the PBOs Act has set out the following requirements for registration and recognition in Kenya of non-profits: (i) the purposes of the international nongovernmental organization; An application for a PBO registration must include: (ii) a general description of the activities that the international non-governmental organization is planning to carry out in Kenya; and (iii) the name, address and other contact information of the authorized agent (in Kenya). (a) a copy of the constitution or other constitutive document of the public benefit organization; (b) names and addresses of the founders of the public benefit organization; (c) public benefit purposes for which the PBO is organized and operated and all of the principal activities that the PBO will engage in; Note: All quotations / extracts are from the PBOs Act No. 18 of 2013 of the Republic of Kenya. The author takes responsibility for all editing done. (d) the postal and physical address of the principal place of doing business of the public benefit organization; Erastus K Omolo Horwath Erastus & Co Kenya (e) the prescribed fee (national PBOs vs international PBOs); 5 Crowe Horwath TM 2015 Outlook for Tourism in Africa Over the decades, globally, tourism has experienced continued growth and deepening diversification to become one of the fastest growing economic sectors in the world. In fact, the business volume of tourism equals or even surpasses that of oil exports, food products or automobiles. As such, tourism has become one of the major players in international commerce, and represents at the same time one of the main income sources for many developing countries. Source: World Tourism Organisation (UNWTO) The global spread of tourism in industrialised and developed states has produced economic and employment benefits in many related sectors - from construction to agriculture or telecommunications. These dynamics have turned tourism into a key driver for socio-economic progress. Consequently, modern tourism is closely linked to development and encompasses a growing number of new destinations. According to the UNWTO, the UN agency dedicated to tourism, tourism is defined as a social, cultural and economic phenomenon which entails the movement of people to countries or places outside their usual environment for personal or business/professional purposes. The people engaged in the activity referred to as tourism are called visitors (which may be either tourists or excursionists; residents or non-residents) and their [tourism] activities, may involve tourism expenditure. Typically, tourists undertake the activity of tourism for a specific purpose. The main purpose of a tourism trip is defined as the purpose in the absence of which the trip would not have taken place and enables the classification of tourism trips according to the main purpose into one of the nine established categories, namely: business & professional, ? visiting friends & relatives (VFR), ? holidays/ leisure & recreation, ? education & training, ? health & medical care, ? religious & pilgrimages, ? shopping, ? transit, and ? other. ? Whilst the African Continent boasts some of the most unique natural attractions and is often considered as primarily a leisure destination, based on our experience in many destinations across the Sub-Saharan Africa region, we have long held the view that, in the short to medium term future, tourism on the African Continent is and will continue to be reliant on and influenced by the robustness of the respective country's business environment. 6 Crowe Horwath TM As the number of countries on the African Continent demonstrates political stability, economic reform and diversification, so the Continent becomes more interesting to investors. And for those African governments who have embraced an open-skies policy whereby their country is easily accessible both from within and off the Continent, [business] tourism is likely to continue to contribute meaningfully to their country's economy. So, what, in our opinion, will influence [business] tourism on the Continent in 2015? We believe there are three key factors that could (positively or negatively) influence tourism on the Continent in 2015, namely: ? Democratic governance: Many African countries are scheduled to hold elections in 2015. In the latter part of 2014 the actions of many of the current leaders who are not eligible for re-election have raised concerns about democratic governance in the lead up to these elections. Political stability as characterised by the peaceful transition of a country's leadership from one political party to another via democratic elections will be closely monitored throughout 2015. ? Economic growth: According to the African Development Bank, the Continent's economy is anticipated to register economic growth of between 5 and 6 percent in 2015; higher than the estimated 4.8 percent growth recorded in respect of 2014. However, we expect those economies reliant on revenues derived from crude oil exports are likely to be more fragile this year. It is still too early to fully understand what effect the falling global oil price will have on these African countries' economies. ? The emerging African middle class: According to a Standard Bank Group report of August 2014 which focussed on eleven (11) of sub-Saharan Africa's top economies, there are an estimated 15 million middle class households, up from an estimated 4.6 million middle class households recorded in 2000. (A middle class household was defined as spending a minimum of US$23 per day). Our predictions for tourism development on the Continent in 2015 include: ? Countries situated in the East African sub-region are likely to command more interest from potential investors as opposed to countries situated in the West African sub-region in light of the Ebola epidemic and the resultant negative impact the epidemic has had on economic activity in sub-region and related negative perceptions of the sub-region. ? The East is likely to remain a key source of infrastructure funding sought by African countries. ? Tourism infrastructure development will continue to be focussed in primary cities. ? The interest in mixed-use projects is likely to continue to gain momentum thus addressing the shortages evident in many primary cities of A-grade office space, corporate apartments, and hotel accommodation of an internationally acceptable standard. ? With continued growth of the African middle class, we anticipate this will lead to a more robust domestic tourism market in many African countries as citizens are likely to have more disposable income available for tourismrelated activities. Our hot picks, in no particular order, for 2015: ? Ethiopia ? Ghana ? Kenya ? Nigeria ? Rwanda ? Senegal ? South Africa ? Tanzania Michelè De Witt Horwath HTL Cape Town, South Africa 7 Crowe Horwath TM Our African Network Contact Information Algeria Mauritius Hamza & Associés Tele: +213 20 508188 Email: h.tarek@hamza-dz.com Crowe Horwath (Mur) Co Tele: +230 208 8684 Email: contactus@crowehorwath.mu Angola Mauritania Horwath Angola - Auditores e Consultores, Lda Tele: +244 925 289207 Email: carlos.florencio@crowehorwath.ao Cabinet Exaco Amic Tele: +222 45 25 87 00 Email: info@exacoamic.com Cote d’Ivoire Morocco Uniconseil Tele: +225 08212520 Email: tiemeleyaod@yahoo.fr Horwath Maroc Audit Tele: +212 537 77 46 70 Email: adib.benbrahim@crowehorwath.ma Cameroon Nigeria Audit & Financial Consultants Tele: +237 33 42 1969 Email: njc.calvin@gmail.com Horwath Dafinone Tele: +234 1 545 1863 Email: ede@dafinone.com Djibouti Reunion Crowe Horwath Djibouti Sarl Tele: +253 2135 7517 Email: melanie52300@gmail.com Crowe Horwath Fiduciaire des Mascareignes Tele: +262 2 6290 8900 Email: a.lala@fdm.re Egypt South Africa - Cape Town Crowe Horwath Dr A M Hegazy & Co Tele: +202 376 00516 Email: dramhegazy@crowehorwath.eg Ethiopia Yeshanew Gonfa & Co Tele: +251 0 118693141 Email: ygandcompany@gmail.com Kenya Horwath Erastus & Co Tele: +254 20 3860513 Email: erastuscpa@kenyaweb.com Libya Ahmed Ghattour & Co Tele: +218 21 444 4468 Email: aghattour@ghattour.com Madagascar Cabinet Genevieve Rabenjamina Tele: +261 202 221121 Email: cce@moov.mg Mali Inter Africaine d’Audit et d’Expertise (IAE-SARL) Tele: +223 20 286675 Email: moussa.m.konate@gmail.com Horwath Zeller Karro Tele: +27 21 481 7000 Email: contactus@crowehorwath.co.za Horwath HTL (South Africa) Tele: +27 21 527 2100 Email: capetown@horwathhtl.co.za - Johannesburg Horwath Leveton Boner Tele: +27 11 217 8000 Email: info@crowehorwath.co.za Tanzania Horwath Tanzania Tele: +255 22 2115251 Email: chris.msuya@crowehorwath.co.tz Tunisia Horwath ACF Tele: +216 71 236000 Email: noureddine.benarbia@crowehorwath.com.tn Zimbabwe Welsa International Chartered Accountants Tele: +263 772 294 913 Email: wssibanda@gmail.com Crowe Horwath EA, Crowe Horwath (Mur) Co, Crowe Dr A M Hegazy & Co, Crowe Horwath Djibouti, Horwath Zeller Karro, Horwath Leveton Boner, Horwath Maroc Audit, Horwath Dafinone, Hamza & Associés, Horwath Angola, Uniconseil, Audit & Financial Consultants, Cabinet Genevieve Rabenjamina, Yeshanew Gonfa & Co, Inter Africaine d’Audit et d’Expertise (IAE-SARL), Horwath ACF, Fiduciaire des Mascareignes, Horwath Erastus & Co, Ahmed Ghattour & Co, Horwath Tanzania, Cabinet Exaco Amic and Welsa International Chartered Accountants are separate and independent members or business associates of Crowe Horwath International, a Swiss verein (Crowe Horwath). Each member or business associate firm of Crowe Horwath is a separate and independent legal entity and is not responsible or liable for any acts or omissions of Crowe Horwath or any other member or business associate of Crowe Horwath and specifically disclaims any and all responsibility or liability for acts or omissions of Crowe Horwath or any other Crowe Horwath member or business associate. 8