Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 The Effects of Foreign Direct Investment Regimes on Chinese Outbound Direct Investment in Africa Mukete Beyongo Over the past decade, the unprecedented growth of Chinese investment into Africa has been the focal point of heated debates. This paper analyses the effects of foreign direct investment (FDI) regimes in Africa on the composition and distribution of Chinese outbound direct investment (ODI) across Africa. While the market-seeking and natural resource-seeking arguments dominate the existing literature on the determinants of Chinese investments in Africa, this paper takes a different approach. Without denying the obvious relevance of the role of natural resources in the host country and the size of the host African country’s market in attracting Chinese ODI, we argue that the FDI regime of the host country affects the composition and distribution of its Chinese ODI. While this point may seem obvious, it has been largely neglected in the literature analysing the determinants of the distribution and composition of Chinese ODI across Africa to date. I. Introduction This paper examines the effects of foreign direct investment (FDI) regimes in Africa on the distribution and composition of Chinese outbound direct investment (ODI) across the continent. Drawing on John Dunning‘s (1986, 1988, 2000, and 2008) ownership, internalisation, and locational advantage (OLI) paradigm, or the eclectic paradigm of international production, the paper analyses the effect of FDI regimes in four African countries on the scale and composition1 of their inward Chinese ODI between 2000 and 2013. Dunning‘s eclectic paradigm of international production argues that three variables come together to explain FDI: firms with competitive advantages have an incentive to exploit them (ownership advantages); locational advantages of particular countries, such as factor costs and government policies, provide incentives to those firms with competitive advantages; and the top management of a firm finds it optimal to reduce transaction cost by producing abroad (internalisation advantages) (Dunning 1988; 2000; Yoffie 1993). In this paper, the term FDI regime broadly refers to a host government‘s direct and indirect prescription of what a foreign business can and cannot do, through the provision of incentives and disincentives relating to foreign investment in their jurisdiction (Haglund 2008). Since there are numerous formal and informal channels through which a government can affect the activities of foreign firms, this paper primarily focuses on laws that allow foreign companies to establish or acquire local firms; regulations relating to establishing a local subsidiary of a foreign company in the form of a limited liability company; legal options for foreign companies seeking to lease or buy land in a host economy; the strength of legal frameworks for dispute _______________________________________________________ Mukete Beyongo, Australian Centre for China in the World, College of Asia and the Pacific, Australian National University, Email: Mukete.beyongo@anu.edu.au Scale refers to the net value of Chinese ODI attracted by a respective host country, and composition refers to the distribution of Chinese investment across extractive, manufacturing, construction and service sectors 1 Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 resolution; rules for arbitration; tax incentives and royalty policies towards foreign firms; and immigration policies.2 In the last decade, China‘s ODI has grown rapidly, significantly affecting the pattern and source of global FDI. This is particularly so in Africa where Chinese enterprises have become important players in Africa‘s investment landscape—which was hitherto dominated by Western firms. China‘s ODI increased from $916 million in 2000 to $84 billion in 2012, and further to $90.1 billion in 2013 (United Nations Conference on Trade and Development (UNCTA) 2014; KPMG 2014). Concomitant to China‘s growing ODI as a share of global FDI, China‘s ODI flows to Africa have grown at a phenomenal rate from just $75 million in 2003 to $3.1 billion in 2011; while, China‘s ODI stock in Africa, grew from just $491 million in 2003 to $21.7 billion in 2012 (UNCTAD 2014; Chinese Ministry of Commerce (MOFCOM) 2014). Chinese investments into African can be broadly grouped into those made by stateowned enterprises (SOEs) and those made by private entrepreneurs. The former tend to be highly concentrated in the mining and construction sectors, and often involve joint ventures with local companies, while the latter tend to invest in the manufacturing and service sectors (Shen, 2013; Gu, 2010; Kaplinski and Moris, 2009). Meanwhile, investments made by SOEs are usually large, while investments from private firms are small, with a preference for wholly Chinese ownership (averaging $1.4 million in what year, according to Shen (2013). Geographically, Chinese ODI in Africa spreads unevenly across the region showing a high degree of concentration in a few countries and a few sectors. For example, in 2012, five African countries – Angola, Nigeria, Democratic Republic of Congo, Zimbabwe and Zambia – accounted for more than 65% of the total value of Chinese ODI into Africa (UNCTAD, 2013), while the mining, agriculture and construction sectors accounted for more than 2/3 of the total the value of Chinese ODI flows into some African countries (UNCTAD, 2013). What drives Chinese investment into Africa? Why are some countries more attractive to Chinese investors than others? Why are Chinese global investment patterns reflected in some African countries and not in others?3 And why are Chinese enterprises investing so much overseas? Clear, conclusive answers to these questions have remained elusive, despite more than a decade of research efforts on the topic. Many continue to argue that the host country‘s natural resources and the size of its market primarily drives Chinese investments. Others believe that cultural and historical links between China and each African country determines the amount of Chinese investment they receive. This paper takes a complimentary approach. Without denying the obvious role of ‗natural comparative advantages‘ –including natural resources and market size— in the host country, I argue that the FDI regime, as the ‗gateway‘ into the host country‘s economy, affects the amount and composition of its inward Chinese ODI4. Based on Dunning‘s eclectic paradigm of international production, I analyse the effects of FDI regimes in Angola, Kenya, Nigeria and Zambia on the distribution and composition of their inward Chinese ODI, illustrating what changes have been made in their respective FDI regimes over the past decade and the effects of these changes on their inward Chinese ODI. The paper also This variables are used by The United Nations Commission for Trade and Development (UNCTAD) Investment Across Borders report measures the FDI restrictive index of 187 countries. However, UNCTAD does not take into account immigration policies and fiscal policies towards foreign firms. 3 Chinese investment into foreign manufacturing and service sectors accounted for a larger share (8% and 76% respectively) of its ODI while investment in the extractive and construction sector accounted (15% and 1.9% respectively) for a small portion. 4 It is surprising that in the literature on the determinants of Chinese investment across Africa, little attention has been given to the role of the host country’s FDI regime, owing to the fact that, the FDI regime being the gateway into the host country’s economy determines whether some Chinese investors are allowed to invest or not. 2 Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 argues that, with the rapid rise in the number of Chinese businesses seeking to ‗go out‘, the industrial composition of Chinese ODI is becoming increasingly diversified: shifting from traditional sectors like mining and construction to manufacturing and service sectors, and covering virtually all sectors in some African economies. For instance, more than 70% of Chinese investment into Zambia and more than 75% of Chinese investment into Nigeria between 2006 and 2013 were in the manufacturing and service sectors. Finally, it becomes clear that FDI regimes impact on private firms and SOEs differently, with further implications for the sectoral composition of Chinese investment in each country. The rest of the paper is organised as follows. The next section reviews the current debates on Chinese ODI into Africa relating to the determinants of Chinese investment in Africa, the impact of Chinese ODI on African economic growth and development, and how Africans are reacting to the scale and pattern of Chinese ODI across Africa. Section III advances the eclectic paradigm of international production and its relevance to the study to Chinese ODI in Africa. Section IV investigates the evolution of ownership and internalisation advantages of Chinese firms in the past decade. Section V evaluates the impact of four African countries‘ FDI regimes on their inward Chinese ODI. Section VI concludes with recommendations for future research. II. Background Studies The scale and pattern of Chinese ODI into Africa has spawned a large volume of literature, which falls into three main categories (Zhao 2014; Shen 2013; Cheung, et al 2012): The first critically examines the impact of Chinese investment on African economic growth and sustainable development (Ayodele & Sotola 2014; Asongu & Aminkeng 2013; Foster et al 2009). Others examine the determinants of Chinese ODI into Africa (State Council Information Office of the People's Republic of China (henceforth China‘s State Council) 2013; Haglund 2008; Broadman 2007). And the third group elucidates how Africans have responded to Chinese ODI in their countries, and the repercussions of these responses for subsequent flows of Chinese ODI into Africa (Kamwanga & Koyi 2009; Haglund 2008). Studies on the impact of Chinese ODI on Africa‘s growth and sustainable development tend to support one of two competing theories. On the one hand, dependency theory implies that ‗economic activity in the richer countries often led to serious economic problems in the poorer countries, because poor countries export primary commodities to the industrial countries who then manufacture products out of those commodities and sell them back to the poorer countries‘ thus maintaining a perpetual dependent relationship by the poor countries on the rich countries (Foreign Affairs 2009). In contrast, Modernisation theory holds ‗that industrialization and economic development lead directly to positive social and political change…‘ and that, with assistance, "developing" countries can be brought to development in the same manner more developed countries have‘ (Ferraro 2008:58). According to the dependency theorists, Chinese investment into Africa is preventing sustainable economic development in Africa. They argue that this investment sustains an unfavourable asymmetrical relationship between China and Africa, giving China an unfair advantage over Africa‘s developing countries, because China is investing primarily in resource-rich states, ensuring that they will continue to rely on China to buy their primary products and Chinese manufactured commodities. They further observe that Chinese businesses are promoting unemployment in Africa, because they do not hire local labour but rather import workers from China, and that they also flouting social and environmental standards in search for profits (Haglund, 2009). Further, they believe Chinese enterprises are able to outbid other companies as a result of the enormous financial and non-financial support they receive from Beijing. According to this view, China is also promoting poor governance by supporting autocratic regimes. US (former) Sectary of State, Hilary Clinton refers to such relations as the neo-colonisation of Africa (cited in Asongu & Aminkeng 2013). Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 Contrary to the dependency theorists, modernization theorists hold that China‘s investment in Africa is a ―win-win‖ partnership aimed at benefiting both China and African countries in the short and long run (Ayodele & Sotola 2014; State Council 2013; Asongu & Aminkeng 2013; Brautigam 2010; Foster et al 2009). For instance, China‘s Foreign Minister Wang Yi, on his first visit to Africa observed that ‗China is committed to working with Africa to pursue common development and prosperity. Development is the top priority of both China and Africa…China has launched a new round of reform and opening up, which will create new opportunities for Africa‘s development and help transform and upgrade China-Africa cooperation…And by constructing basic infrastructures in Africa, China is significantly contributing to African economic growth and development‘ (Hongwei 2014 p. 61-65). Modernization theorists further hold that China‘s large infrastructural projects in some African countries fill the infrastructural gaps that have hitherto been neglected by the West, and Chinese firms are also investing in sectors that were formerly neglected by western investors. Brautigam (2010) has pointed out that China is helping African states develop in manner similar to which Japan aided China in the 1980s. Broadman (2007) and others maintain that Chinese investment in Africa is augmenting domestic capital, stimulating productivity and competition, and promoting the international integration of African businesses. It is difficult to ascertain which side of these arguments are right or wrong. Indeed, there are elements of truth in all of these arguments. Besides, it is not easy to assess the impact of Chinese investments on an individual African economy due to the fact that the nature and effectiveness of the FDI regime in the host country partly determines whether or not the country benefits from its inward Chinese ODI (Ayodele & Sotola 2014; Asongu & Aminkeng 2013; Brautigam 2010; Alden 2007). This is illustrated by recent reseach findings that the impact of China‘s investment on Africa‘s economic growth, sustainable development and the regions investment lanscape fundamentally depend on how different African states manage these investments (Ayodele & Sotola 2014; Brautigam 2010; Broadman 2007). The Zambian economist, Dambisa Moyo surmise that ― No one can deny that China is at least in Africa for the oil, the gold, the copper, and whatever else lies in the ground. But to say that the average African is not benefiting at all is a faslehood and the critics know it‖ (Moyo 2008, p. 105). Another focus in the literature is the determinants of, or motivations for, Chinese investment in Africa. Taylor (2006), for example, argues that Chinese ODI in Africa is primarily driven by the country‘s growing domestic demand for natural resources both in the short and long run. Cheung et al. (2010) concurs that the resource motive is a significant ‗pull factor‘ of Chinese investment into Africa, but demonstrates that other factors such as the volume of trade between China and the respective African country and the size of the host country‘s market also affect the volume and pattern of its inward Chinese investments. Much of the existing literature demonstrates that Chinese investment in Africa is primarily determined by the growing demand of natural resources in China, and the expanding market for consumer and other durable goods in Africa (Gu 2010). Some research has identified the importance of a host country‘s FDI incentive and regulatory system in determining the scale and distribution of a country‘s inward investment (IAB, 2010; Haglund, 2008; Dunning and Lundan 2008). For example, the World Bank Global Investment Promotion Benchmarking 2009 report observes that more than threequarters of its surveyed countries were missing out on much of the $1trillion yearly market on FDI fundamentally because of the nature of their FDI regimes, which either fail to promote or prohibit or restrict FDI inflows into their respective economies (World Bank Group‘s 2009 cited in Whyte, Ortega, & Griffin, 2011). Similarly, Morisset (2001) shows how the investment climates of 29 African countries significantly impact on the total volume of FDI investment they attract. For instance, he compares the volume of FDI received by two resource-rich countries with large markets (Cameroon and Kenya) with two other countries with limited natural resource and limited market (Mali and Mozambique), and finds that Mali and Mozambique attracted more FDI Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 than Cameroon and Kenya partly due to the fact that they significantly reformed their FDI regimes to make their economies more attractive for foreign investors. Beyond these two works, however, scholars of Chinese investment into Africa have had very little to say about the effects of the host country‘s FDI regime on their respective inward Chinese ODI. III. John Dunning Eclectic Paradigm of International Production After World War II, cross-border investments took a remarkably different turn. While multinational enterprises (MNEs) have been around for more than a century, what was new after 1945 was the number of MNEs from specific countries. Most MNEs during this period originated from the US, UK and Germany (Yoffie 1993). Why were firms from particular countries able to invest abroad while others from other countries could not? What drove these firms to invest beyond their home countries? And what attracted them to other countries? Dunning‘s eclectic (or OLI) paradigm of international production has been the dominant framework used to explain the activities of MNEs and the flow of FDI. The eclectic paradigm explains that what and where MNEs invest is determined by the interaction of three sets of interdependent variables (Dunning 2000). The first is the ‗competitive advantages of the enterprises seeking to engage in FDI (or increase their existing FDI), which are specific to the ownership of the investing enterprises, i.e. their ownership (O) specific advantages‘ (ibid). Dunning (2000, p 164) illustrates that the greater the competitive advantages of the investing firms relative to those of other firms — and particularly those domiciled in the country in which they are seeking to make investments — the more they are likely to be able to engage in or increase their foreign production. Ownership advantages include preferential access to cheap capital, markets and valuable information that cannot be access by firms from other countries. The second set of variables is the locational attractions (L) of alternative countries or regions for undertaking the value adding activities of MNEs (Dunning and Lundan 2008). According to Dunning (2000) the greater the locational advantages, which firms need to use jointly with their own competitive advantages in a foreign rather than a domestic location, the more these firms will choose to augment or exploit their ownership-specific advantages by engaging in FDI. Dunning and Lundan (2008) further distinguish two types of locational comparative advantages: ‗natural‘ comparative locational advantages, where the advantages enjoyed by the host country stem from its natural resource endowments, and ‗engineered‘ comparative locational advantages, where advantages enjoyed by the host country are the result of its government‘s policies. Engineered comparative locational advantages enable the host country‘s government to exercise a decisive influence over transaction costs and the profitability of a foreign firm. Dunning (1989) argues that the ability of a country to attract foreign investment rests at least partly on its ability to engineer comparative advantages. The third set of variable, internalisation advantages offers a structure through which foreign enterprises evaluate alternative ways to organize the creation and exploitation of their core competencies, given the locational attractions of different countries or regions by directly controlling foreign production instead of exporting or franchising (Dunning 2000). ‗Such modalities range from buying and selling goods and services in the open market, through a variety of inter-firm non-equity agreements, to the integration of intermediate product markets, and an outright purchase of a foreign corporation‘ (Dunning 2000, p 164). The eclectic paradigm argues that the precise configuration of the OLI parameters facing any particular firm, and the response of the firm to that configuration will reflect the economic and political institutions in their resident country, and of the host country in which they are seeking to invest; the sectors and the nature of the value added activity in which the firms are engaged; and the firm‘s individual characteristics, including its objectives and strategies for pursuing these objectives (Dunning 2000). Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 Although the locational advantages of the host country comprises different variables ranging from political and economic system, level of development, culture, R &D and infrastructure, the role of the FDI regime cannot be overemphasised as the one of the fundamental features of a host country‘s locational attractiveness. For instance, for resourceseeking FDI, the investment regime will affect its profits through royalties, a proper legal framework to protect property rights and contract enforcements laws, and in the amount of equity it can own. For market-seeking FDI, the FDI regime in the host country will affect the firm through trade barriers, property rights protection and contract enforcements rules, and also through their access to human and physical capital in the host country. The host Africa country‘s FDI regime is clearly an important driver of production location decisions and the pattern of Chinese investments in Africa, and possibly even more so than the country‘s natural resource endowments, local competition, or domestic demand (Yoffie 1993). IV.The Evolution of Ownership and Internalisation Advantages of Chinese Firms In the last decade, the Chinese government has encouraged Chinese firms to invest overseas using three main channels. First, state-owned banks and sovereign and development funds have provided low interest rate loans and concessional credits to Chinese firms, either already established or intending to establish production units abroad. This financial support has provided some Chinese firms with the opportunity to create (and/or augment) their ownership and internalisation advantages in Africa (and elsewhere) (Si, 2014; Sauvant & Chen, 2013, Brautigam & Tang, 2012). In addition, the introduction of the ‗Go Global‘ policy in the 10th Five-Year Plan (2001-2005) created a strong public endorsement for institutions and an environment that fostered Chinese ODI (Sauvant and Chen, 2013; Si 2014). The fundamental objectives of the ‗Go Global‘ policy were to encourage Chinese firms in areas where they have a comparative advantage, to invest in foreign markets and resource sectors and to expand the scope in foreign economies; and their mode of international economic and technological cooperation (Si 2014, Brautigam 2010). Through the ‗Go Global‘ policy eligible Chinese firms could receive assistance from their home government in the form of financial subsidies, tax deductions, and reductions in import duties (Sauvant and Chen 2013). The ‗Go Global‘ policy helped Chinese firms to relocate production abroad and become global competitors in their respective sectors. Chinese firms are currently leading global competitors in the technology, construction, aviation, and oil sectors. In 2013, 89 Chinese companies made the Fortune Global 500 Companies list, with three Chinese corporations, Sinopec groups, China National Petroleum and State group making the top ten, beating US and Japanese firms. Chinese firms Huawei and ZTE are becoming leaders the global IT markets. Although Dunning‘s eclectic paradigm has remained the dominant analytical tool for analysing FDI activities over the past two decades, it is not easy to differentiate whether a particular policy or reform helped Chinese firms to create (and/or augment) ownership or internalisation advantages, as most policies simultaneously spawned both. For instance, the creation of China‘s Development Bank, the Agricultural Bank of China, China Investment Cooperation, SAFE Investment Company and the Africa Development Fund (CADFund) all provide Chinese firms with access to low interest loans, thereby creating channels for them to increase or augment their ownership advantages. However, the Chinese government also required firms which were to benefit from these schemes to have an established presence abroad or to intend to establish abroad, thus promoting these firms to internalise production instead of exporting or franchising. For instance, only Chinese firms that have an established presence in Africa or intend to Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 establish or create a joint venture in Africa can have access to the more than $5 billion CADFund. 5 Besides the exclusive preferential access to capital given to Chinese firms, the Chinese government has also subsidised the creation of overseas trade and economic zones built (or to be built) by Chinese companies in Africa, some of which are involved in ‗manufacturing, export processing and logistics‘ (Brautigam and Xiaoyang, 2012, p 800). At the 2006 FOCAC summit, China announced its intentions to create more than three special economic zones (SEZs) in Africa and in 2009 it announced plans to increase Chinese run SEZs in Africa to eight, in consortium with the host country‘s government: the China-Egypt Zone in Egypt, the Eastern Zone in Ethiopia, the Jinfei Zone in Mauritius, the Lekki and Ogun-Guangdong Zones in Nigeria, and the Zambia-China Zone in Zambia (ibid). The creation of these zones helps boost the ownership advantages of Chinese firms in Africa, because it gives them access to preferential infrastructures, fiscal and financial subsidies granted to firms within the zones by the Chinese government and in some cases the host country‘s government, and also the possibility of enjoying high social capital since firms in these zones are predominantly Chinese firms. However, the SEZs require Chinese firms to relocate their production abroad, since only in so doing can they produce within the SEZs built in Africa. Similarly, the ‗Go Global‘ policy offers both ownership and internalisation advantages to Chinese firms that are either intending to relocate or are already established in Africa. While the ‗Go Global‘ policy significantly increases the channels through which Chinese firms can create or develop their ownership advantages, it also encourages internalisation advantages since only firms that were able to go abroad could benefit from these reforms. For example, Huawei was able to secure a US$10 billion to improve its international standing, while China Petro Chemical Company (Sinopec) was granted a $1.5 billion loan to invest in Nigeria (Brautigam 2010). All these loans stipulate that production must be relocated to the designated location. In any case, while it may be difficult to differentiate how China‘s broad structural economic reforms and policies have impacted on the ownership and internalisation advantages of Chinese firms, there is no question that these advantages, combined, have significantly increased in the past decades. The point is that, in the past decade, Chinese firms have gained comparative ownership advantages capable to help them produce anywhere they like in the global manufacturing and service sectors. Where and how much they invest partly lies with the locational advantages of the host country, including, most obviously, whether or not they are allowed to invest in the first place. However, given all the ownership and internalisation advantages, without the third set of variables – the locational advantages – most fundamentally, the FDI regime Chinese firms are unlikely to invest in some African countries. For instance, if a country does not allow FDI into a particular sector, Chinese firms will not make investments in such sectors. As shown in the next section, differences in the FDI regimes among African countries vividly illustrate the important role of the host country‘s FDI regime on Chinese investments. V. Foreign Direct Investment Regulatory and Incentive Regimes in Africa In the past decade, significant positive changes have been made to improve the FDI attractiveness of most African states (Morisset 2001; Moyo 2008; Ernst & Young 2013). One positive step that most African policy-makers have undertaken to augment their country‘s The CADFund was announced by former Chinese president Hu Jintao at the 2006 Beijing summit on the Forum for China-Africa Cooperation (FOCAC), as a development fund to encourage Chinese firms to invest in Africa. The first phase of the funding was to be provided by China Development Bank. 5 Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 FDI attractiveness has been in the creation of investment promotion agencies (IPAs) that are tasked to streamline the process of establishing foreign businesses. There are now more than 45 IPAs across Africa. Most of these IPAs have the primary responsibility to maintain the competiveness of their respective countries and to increase and manage their country‘s inward FDI flows and stocks. Some country studies have shown that some African countries have been able to increase their FDI inflows after the creation of an IPA in these countries (Zakari et al. 2012). A second underlying trend in the investment settings in most African countries has been the large number of bilateral investment treaties (BITs) and multilateral investment and trade treaties entered into by some African countries with foreign states. In 2014, African countries had already signed more than 750 BITs with foreign states. And in 2013, China had signed 26 BITS with African countries including among others, Zambia, Nigeria, Egypt, Kenya, South Africa, Mozambique and Mali (Trakman 2013). These treaties reflects efforts to insure foreign investors against expropriation and the unjust and unfair treatment of their investments by the host country‘s government. Dunn (2014,) suggests that these treaties offer protection more favourable to foreign investors than those found in national law. More importantly, under many of these treaties investors of a contracting state can directly bring a claim against the other signatory state hosting the investment before a privately selected international arbitration tribunal. Partly due to the challenge of attracting more Chinese investment and maintaining regional competiveness, currently in most African countries taxes are moderate, investment protection agreements are in place and the apparatus for arbitration is available (UNCTAD 2010). Moreover, most African states have established flexible exchange rate regimes and foreign investors are allowed in some countries to remit profits from capital invested in the host country to their home countries. Put together, these reforms have significantly transformed the investment landscape of most African countries (Ernst & Young 2014; UNCTAD 2013a). And some African states are currently ranked among the most attractive and profitable destination for foreign investments (UNCTAD 2013b). However, policy and institutional changes have not been homogenous across Africa. While some African countries have liberalised their investment regimes, others have kept significant restrictions on FDI in certain sectors of their economies. 1. The FDI Regime in Angola and its Impact on Chinese ODI into Angola Angola is an attractive country for foreign investment, based on its huge natural resource wealth, growing per capita income ($5, 482 est. in 2013), growing economy ($114.2 billion est. in 2013) and its membership in the Southern African Development Community (SADC), which enables investors established in Angola to access the more than 350 million SADC market. Nonetheless, investing in Angola is very challenging, partly due to the nature of its FDI regime (IMF 2014; US Department of State 2013; World Bank 2010). For example, the World Bank Investment across Borders (IAB) 20106 report ranks Angola top among countries with the most restrictive investment climate for small and medium size investments. The report finds that it takes on average 263 days to start a foreign business in Angola compared to 25 days in Liberia, 29 days in Zambia and Mali and 65 in South Africa. The country also performs relatively badly on the World Bank Ease of Doing Business 2014 6 The Investing Across Borders (IAB) indicators measure the degree to which domestic laws allow foreign companies to establish or acquire local firms; records the time, procedures, and regulations involved in establishing a local subsidiary of a foreign company in the form of a limited liability company; evaluates legal options for foreign companies seeking to lease or buy land in a host economy, the availability of information about land plots, and the steps involved in leasing land; and analyses the strength of legal frameworks for alternative dispute resolution, rules for arbitration, and the extent to which the judiciary supports and facilitates arbitration. Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 Survey scoring 39.5 (from a maximum of 100) compared with Mozambique at 65.8, Sierra Leone at 65.0, and 68.4 for Zambia. Eight of the 11 sectors surveyed by the IAB report have equity thresholds for foreign capital in Angola (IAB 2010), as low as 10 per cent in banking, and increasing to 30 per cent in media, 50 per cent in insurance and 74.5% in mining, oil and gas. Health care, waste management, tourism and retail are all open to all foreign investors, that is, with 100 per cent thresholds (IAB, 2010). Besides these equity thresholds, the benefits and incentives offered to foreign investors in Angola also affects the nation‘s FDI attractiveness. For example, a new private investment law passed in May 2011 increased the minimum amount for qualifying for incentives to $1 million (from $500,000) and also stipulated that foreign ‗investors must enter into an investment contract with the Angolan state, represented by the National Agency for Private Investment (ANIP), which will establish the conditions for the investments as well as the incentives granted‘ (US Department of State, 2013). In addition, the May 2011 investment law gives preferences to investments made in developing regions and in capital deficient sectors, which are often not areas attractive to prospective foreign private investors. The 2011 investment law also states that investments between $10 and $50 million must be approved by a Council of Ministers, and investments above $50 million should be approved by an ad-hoc Presidential committee (US Department of State, 2013). A US Department of State 2013 report on Angola‘s investment climate explains that these councils and committee reportedly take a longer period of time to make deliberations on investments proposal than is actually required by the law. This generally makes it very difficult for most private enterprises. The lengthy period it takes to start a business, the selective nature of incentives given to foreign investors, and the restrictiveness of some sectors from foreign investment (especially in the manufacturing and service sectors) will have two main impacts on Chinese ODI into Angola: First, there will be more SOEs investments over private Chinese investments, since SOEs will tend to have the capacity to survive lengthy start-up procedures, given their greater financial support by the Chinese government and the fact that they are not subject to the new ‗private‘ investment law – instead, most investments made by SOEs are politically negotiated before the investments are made (Kaplinsky & Morrison 2011). It is also likely that there will be more private investments into sectors where foreign investors can fully own the business over sectors with equity threshold for foreign investors, given their preferences for full ownership of their business (Shen 2013, UNIDO 2011). Meanwhile, the Angolan economy significantly depends on its mining sector. For instance, in 2011, agriculture accounted for just 10% of its GDP, while the industrial sector (including mining and other extractive activities) accounted for 61% and the service sector 28% respectively (CIA World Fact Book 2014). The mining and quarry accounted for more than 50% of Angola‘s GDP in 2012 (UN 2014). Based on data from MOFCOM (the Ministry‘s officially approved Chinese investment in Angola), 359 ODI projects were approved in Angola between 2006 and 2012 (MOFCOM 2014) with more than 30% of these investments in the extractive sector and 40% in the construction sector, compared with just 10% in retail and wholesale and 5% in the manufacturing of primary commodities (MOFCOM 2014). The share of Chinese investment projects in Angola‘s mining and construction sectors as a share of China‘s ODI projects in Angola (30% and 40% respectively) is high compared to countries such as Zambia and Nigeria, for example where investment in the mining and construction sectors accounted for less than 20% of total Chinese ODI projects. Furthermore, according to data from FDi Markets7 the value of investments made by private Chinese businesses in Angola is small. The reason for this is simple. First, private 7 FDi Markets tracks cross border greenfield investment across all sectors and countries worldwide, with real-time monitoring of investment projects, capital investment and job creation. Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 Chinese enterprises find it difficult to invest in Angola due to the lengthy and/or costly procedures it takes to setup a firm in the country. Moreover, the Angolan FDI regime does not allow sole proprietorship for foreign firms. The law states that there must be at least two investors implying that a single Chinese investor—as is usually the case of most private Chinese investors—cannot create a business in Angola (UNCTAD 2014). 2. The FDI Regime in Nigeria and its impact on Chinese ODI into Nigeria Nigeria is the largest recipient of FDI in Africa. FDI flows into Nigeria grew from $1.3 billion in 2000 to more than $7 billion in 2012. Concurrently, China‘s ODI flows to Nigeria have grown from $24 million in 2003 to $333 million in 2012 (UNCTAD 2014; Awolusi 2012). In recent years, Nigeria‘s policymakers have made a conscientious effort to significantly improve the FDI attractiveness of the country. In 1995, the Nigerian government passed the Nigeria Investment Promotion Act No.16 and the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act No.17. In 1996, they created the Nigerian Investment Promotion Commission (NIPC) as a ‗One Stop Investment Centre‘ to streamline the process of starting a foreign business in Nigeria and to eliminate administrative red tape and corruption. These laws, through the auspices of NIPC regulate all foreign investments within the NIPC‘s jurisdictions, and provide fiscal and non-fiscal incentives to prospective foreign investors. NIPC has as basic functions to ‗co-ordinate, monitor, encourage, and provide necessary assistance and guidance for the establishment and operation of enterprises in Nigeria‘ to promote foreign investments in Nigeria; to register and keep records of all enterprises to which the NIPC Act legislation applies; to provide assurance to foreign investors of their investments in Nigeria and it partake in investment promotion and protection Agreements (NIPC 2014). Partly due to these reforms, the IAB 2010 report claims that Nigeria is one of the most open economies for foreign investment in Africa, and Nigeria is ranked among the top ten developing countries with a favourable investment climate for private foreign investors (IAB 2010). This relates to the Nigerian Investment Promotion Act No.16 of 1995, which allows foreign investors to fully own shares in mining, oil, gas, agriculture and forestry, light manufacturing, telecommunications, electricity, insurance, transportation, and other sectors, with exception in the banking sector where foreign shareholders can own maximum of 70% of the total shares in any given enterprise. In addition, Nigeria‘s score in arbitrating commercial disputes is 70 (0-100 index), which puts it on equal footing with advanced countries such as Japan (70.1) and above most of its regional neighbours. Agriculture is the bedrock of Nigeria‘s economy, accounting for 31% of GDP, with industry and services accounting for 43% and 26% respectively (CIA World FACTBOOK 2014). FDI plays a very important role in the Nigerian economy, FDI accounted for more than 5% of Nigeria‘s GDP in 2009, and contributed more than 42% of its fixed capital formation in 2009. Based on data from MOFCOM, 9,167 Chinese firms registered their intentions to establish production units in Nigeria between 2006 and 2012 (MOFCOM 2014).8 Unlike Angola, Chinese investment in Nigeria is spread across most sectors. During the period 2006-2012, more than 50% of the approved investments were in the manufacturing sectors (heavy and light manufacturing, excluding construction and resource extraction), with private Chinese ODI firms accounting for more than 80% of Chinese manufacturing ODI projects in Nigeria within the same period. The retail and wholesale sectors account for 25% of China‘s total investment in Nigeria, with more than 90% of the MOFCOM data is available online at:, http://wszw.hzs.mofcom.gov.cn/fecp/fem/corp/fem_cert_stat_view_list.jsp?manage=0&check_dte_n ian=2006&check_dte_nian2=2012&check_dte_yue=01&check_dte_yue2=01&CERT_NO=&COUN TRY_CN_NA=%C4%E1%C8%D5%C0%FB%D1%C7&CORP_NA_CN=&CHECK_DTE= 8 Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 projects made by private firms. And Chinese investment into Nigeria‘s extractive and construction industries accounted for 14% and 5.7% respectively of total Chinese projects. Investments by SOEs accounted for more than 88% of the total Chinese investment projects in Nigeria‘s extractive industry. Nigeria is able to attract private Chinese investors into its manufacturing and service sectors by allowing them to invest in these sectors with high equity thresholds, or full ownership. Fiscal and non-fiscal incentives are structured in such a way that SMEs can benefit from them without investing in government-approved sectors. Therefore, the large volume of Chinese ODI into Nigeria‘s manufacturing and service sectors would appear to be at least partly influenced by the structure of its FDI regime. In this vein, we see that although Nigeria is as rich in natural resources as Angola, and although both countries are at similar stages of development, Nigeria attracts more investments into its manufacturing and service sectors compared to Angola – and surely this difference relates to the differences in their FDI regimes. 3. The FDI Regime in Kenya and its impact on Chinese ODI into Kenya Kenya is one of East Africa‘s largest economies (with a GDP of $37.23 billion in 2012), and it is one of the most diversified economies in sub-Saharan Africa. Being a member of the East African Economic Community (EAEC) (with an estimated population of 95 million) and also a member of SADC (with an estimated population of 350 million) Kenya is well located to attract foreign investors to its economy (KPMG 2012). In 2011, 25% of its GDP originated from agricultural activities, 15% from industry, and 66% from Services (KPMG, 2012). However, in the past decade, Kenya has attracted very little foreign investment. In 2012, for example, Kenya‘s inward FDI flows were $259 million, compared with Tanzania‘s and Uganda‘s recorded inwards FDI flows of $1.7 billion and 1.2 billion respectively. This has recently prompted the Kenyan government to make a number of incentives and regulatory changes to attract more foreign investors in to Kenya. Based on these incentives ‗foreign investors [currently] seeking to establish a presence in Kenya generally receive the same treatment as local investors‘ (KPMG 2012). Between 2006 and 2012, more than 350 Chinese ODI projects were approved by the MOFCOM to invest in Kenya. The share of these investments in the manufacturing and service sectors were moderately high, at 30% and 40% respectively. Interestingly, SOEs accounted for more than 50% of the total number of Chinese investment projects into Kenya‘s manufacturing sector. Investments by SOEs in Kenya‘s service sectors, at 40%, were high compared to countries such as Nigeria and Zambia (less than 20% each) (MOFCOM, 2014)9. The new dominance of the manufacturing and service sectors in Chinese investments in Kenya coincides with the changes made by the Kenya government to its FDI regime in 2009. Between 2006 and 2009 only 113 Chinese ODI projects were registered in MOFCOM‘s database as intending to establish a presence in Kenya, with the majority of these in agriculture, mining, construction sectors. However, after the Kenyan government reformed its FDI regime in 2009 –by giving tax holidays and reducing the capital threshold on foreign investments that made them eligible for tax holidays, there was massive growth in the total number of FDI projects registered in the MOFCOM data base from 113 to 350, 9 See http://wszw.hzs.mofcom.gov.cn/fecp/fem/corp/fem_cert_stat_view_list.jsp?manage=0&check_dte_nian=200 6&check_dte_nian2=2012&check_dte_yue=01&check_dte_yue2=01&CERT_NO=&COUNTRY_CN_NA=%BF%CF %C4%E1%D1%C7&CORP_NA_CN=&CHECK_DTE= Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 more than 209% increase. In 2009, Chinese ODI projects in Kenya‘s manufacturing and service sectors grew from 15% and 27% to more than 35% and 40%, respectively, in 2012. However, some FDI policies do not apply equally to all investors and limit to some extent how private Chinese investors can optimally utilize their competitive advantages. For instance, in 2014, Kenya Railway Corporation (KRC) managing director Atanas Maina announced that China Road and Bridge Construction Company (CRBCC)—a Chinese SOE— would import 5,000 foreign workers into Kenya to undertake the construction of the 609km standard gauge railway from Mombasa to Nairobi (Kenya Today, 06 August 2014, 2014). However, in 2011 the Kenyan government passed ‗The Kenyan Citizenship and Immigration Act No 12 of 2011‘). The law states that the Kenyan Investment Authority (KIA) — Kenya‘s IPA in charge of promoting and regulating foreign investment—can only approve three work permits for directors, and three work permits for other employees to a foreign firm holding an Investment Certificate in Kenya. I believe that though the Kenyan government allowed CRBCC to import more than 5000 employees, the Kenyan government will unlikely allow a private Chinese firm to do the same (Mwaura 2013). Therefore, private Chinese enterprises might likely feel the impact of Kenya‘s 2011 immigration act more than SOEs. 4. The FDI regime in Zambia and its impact on Chinese ODI into Zambia The unprecedented growth of Chinese investment in Zambia has attracted growing interest from academics, civil society and policymakers (Kamwanga & Koyi 2009). Inward FDI flows into Zambia grew from $123 million in 2000 to $1.9 billion in 2011, accounting for 10.3% of its GDP in 2011 (COMESA 2012). Concurrently, Chinese investment into Zambia has grown at phenomenal rate in the past years. China‘s ODI flows into Zambia as a share of Zambia‘s total inward FDI flows grew from 0.5% in 2004 to 26.3% in 2012, while the stock of China‘s ODI as a share of Zambia‘s total FDI stock grew from 3% in 2003 to 16.6 % in 2012. In recent years, the Zambian government has introduced numerous measures to attract more FDI and address the impact of foreign investments in Zambia. The government passed the Zambian Development Agency act in 2006 to attract and regulate foreign investments. The law also sets fiscal and non-fiscal incentives for foreign investors. There are five categories under which investors can be considered eligible for ZDA incentives, which come primarily in the form of tax breaks. Between 2006 and 2009, more than 94 Chinese FDI projects received MOFCOM‘s approval to invest in Zambia. The extractive and construction sector accounted for less than 20% of these projects, and the manufacturing and service sectors accounted for 50% and 30% respectively. Similarly, recent data from FDi Markets (2014) shows that Chinese investment into Zambia‘s manufacturing and service sectors made up 45% and 35% respectively of Chinese projects in Zambia between 2009 and 2013. Between 20009 and 2013, FDI projects made by private Chinese investments in Zambia‘s manufacturing and service sectors accounted for more than 75% of all Chinese FDI projects. The main SOE was China‘s Nonferrous Metal Mining Company (FDi Markets 2014) – anything to expand on here? Why meaningful, if at all? Conclusions The existing literature on the determinants of Chinese ODI into Africa have sought to explain Chinese investment activities primarily by looking at changes that have occurred in China in recent decades—its growing demand for natural resources to feed its growing industries, fierce internal competition and rising costs that encourage some Chinese firms to relocate to low-cost production locations broad. This literature, however, has had very little to say about the effects of each host country‘s FDI regime on their (realised and potential) inward Chinese ODI. Proceedings of Annual Shanghai Business, Economics and Finance Conference 3 - 4 November 2014, Shanghai University of International Business and Economics, Shanghai, China ISBN: 978-1-922069-63-4 This paper adopts a complimentary approach by looking at the effects of structural economic reforms and policies in China and Africa on the distribution and composition of Chinese investment across Africa. It also sought to deepen our understanding of the effects of FDI regimes in four African countries on inward Chinese ODI using Dunning‘s eclectic paradigm of international production. I have shown that that although the size of the host country‘s market and its natural resource wealth play a role in determining its attractiveness to Chinese investors, the structure and context of its FDI regime affects where and which Chinese investors the host country is able to attract. For instance, though all the four countries in this study are resource rich and at a similar stage of development, liberal investment regimes like Zambia and Nigeria have been able to attract more Chinese investments into their manufacturing and service sectors than restrictive regimes like Angola. In addition, most Chinese investors are not be able to invest in Africa because they cannot use their ownership advantages in some African countries where locational advantages are lacking. For instance, although private Chinese firms have comparative advantage to invest in most sectors in Angola, they cannot invest there because the regime does not allow (and or restrict) them to invest in most manufacturing and services sectors, which often is where their comparative advantages are. Conversely, due to fewer restrictions for foreign firms in the mining and construction sectors, added to large capital and government support enjoyed by SOEs, Chinese ODI in to Angola is partly dominated by Chinese SOEs as they are able to use their ownership advantages in investing in Angola better than private entrepreneurs can. Therefore, whether or not the Chinese firms ownership advantages is not important where there are no locational advantages, for example, if the FDI regime does not allow these firms to invest in the first place. Furthermore, FDI regimes change over time, and with it, so does structure and value of Chinese (and other) investments. For example, changes Kenya‘s FDI regime in 2009 led to significant changes in the scale and structure of Chinese ODI into Kenya. Chinese ODI projects intending to establish their presence in Kenya registered in the MOFCOM data base rose from 113 in 2009 to 350 in 2012. Similarly, FDI regimes in most African countries will be critical in determining which side (Modernisation or Dependency) each country‘s FDI experience falls into. Countries with FDI regimes that attract Chinese investments into their manufacturing and service sectors will likely benefit more than countries with FDI regimes that restrict Chinese investments from the manufacturing and service sectors. This is because, scholars have shown that investments into the manufacturing and service sectors are more likely to produce spill over effects on the local firms, generate more jobs and foreign exchange than investments in the extractive sectors (Farole and Winkler 2014, World Bank 2014; Brautigam 2011). Nonetheless, more empirically studies will have to be undertaken to validate our argument that FDI regime in the host African country affects the distribution and composition of its inward Chinese ODI. This paper serves as a starting point for such projects in the future. 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