SOUTHERN FEDERAL UNIVERSITY Economic Faculty TEACHING MATERIALS Special Academic Discipline «Special Economic Zones and Offshore Territories» Programme originator - PhD. Olga Sinskaya Rostov-on-Don 2011 1 1. EXECUTIVE SUMMERY For the developed and developing countries, Special Economic Zones (SEZs) traditionally have had both a policy and infrastructure rationale. In terms of policy, the SEZs can be a useful tool as part of an overall economic growth strategy to enhance industry competitiveness and attract foreign direct investment (FDI). Through SEZs, governments aim to develop and diversify export while maintaining protective barriers, to create jobs, and to pilot new policies and approaches (for example, in customs, legal, labor, and public-private partnership aspects). SEZs also allow for more efficient government supervision of enterprises, provision of off-site infrastructure, and environmental control. This discipline examines the evolution of SEZs with concentration on last 30 years’ experience in zones reviewing development patterns and economic impact of zones worldwide. The experience shows that while zones have been effective in addressing economic growth and development objectives, they have not been uniformly successful; success in East Asia and Latin America have been difficult to replicate, particularly in Africa, and many zones have failed. Moreover since the on-set of zone development in developing countries, concerns have been raised about the impact on employment (in terms of gender, wage levels and benefits, workers’ rights and work condition), the environment, and related social factors. The other aspect of SEZs is the modern offshore international business which spreads to the world economy in different spheres. The central goal of the “Special Economic Zones and Offshore Territories” Special Academic Discipline is presenting to students the main fundamental principles of international business in terms of Special Economic Areas. The main idea is to understand any advantages and disadvantages of using business schemes and projects in the Free Economic Zones or Offshore Territories. Moreover there will be demonstrated the experience of different countries in the sphere of creating special economic order for selected territories and analysis the opportunities for Russian taxpayers in using privileges that some countries can suggest for international actors. After completing the “Special Economic Zones and Offshore Territories” course, the students are expected to be able: to understand the essence and nature of Special / Free Economic Zones and their operations in different countries with various level of economic development; to realize any consequences for national economy using the tool of free economic areas; to know special characteristics of business in terms of offshore systems; to define types and kinds of economic areas and their functions and aims as well; to know history and methodology of Russian Special Economic Zones; to be familiar with all privileges and special services for Russian Special Economic Zones’ residents; 2 to understand main schemes of work with offshore companies; to discern the role of Free Economic Areas within contemporary global economy. The structure of discipline is consists of 4 programme units (modules). Unit 1 “The Theory and Classification of Special Economic Zones” creates the subject matter, structure, goal and objectives, evolution and modern trends of SEZs development. There will be discovered the basis and driving forces for special economic zones functioning in terms of modern global economy. Unit 2 «The Creation and Operation of Special Economic Zones: International Experience» is devoted to international experience in sphere of SEZs concept realizing. There will be developed different ideas of special economic zones’ role for different countries, their special characteristics and trends for developed and developing countries. Moreover there will be a special review of Russian and Chinese SEZs experience. The special attention will be paid to scientific-technical economic zones in the international practice. Unit 3 «The Offshore Territories in the Contemporary World Economy» discovers main points of offshore territories phenomenon and their impact on different sides of economy, finance and social life. Unit 4 «The Principles of Offshore Business Regulation» brings main items of offshore territories regulations internationally. Moreover the national level of regulations is important in context of economic security and fight with the illegal incomes and money laundry. The following methods and forms of study are used in the course: Lectures with presentations Colloquium Writing Self-study Use of different reference books and Internet resources At the end of the course the students are supposed to write an essay and to pass a test. Upon the successful completion the students will gain 6 credits. Author of the discipline is Olga Sinskaya, PhD, senior lecturer of International Relations and World Economy Department, Economic Faculty of Southern Federal University, Rostov-on-Don, Russian Federation +7 863 240 96 27 sinskaya@mail.ru 3 2. COURSE SCHEDULE № Subject Duration Total Total 1 1.1 1.2 2 Class hours Lectures Seminars Self-study Unit 1 «The Theory and Classification of Special Economic Zones» Nature and essence of Special Economic Zones. The role and position of Special Economic Zones in the system of World Economic Relations 5 4 2 2 1 5 4 4 -- 1 Special Economic Zones are the tools of attraction of investments to develop regional economy Unit 2 «The Creation and Operation of Special Economic Zones: International Experience» 2.1 Special Economic Zones in the countries with different level of economic development 7 3 2 1 4 2.2 Special Economic Zones in the transition economies 10 4 2 2 6 2.3 Innovative, scientific and technological economic areas 3 2 2 -- 1 3 Unit 3 «The Offshore Territories in the Contemporary World Economy» 3.1 Essence and role of Offshore zones in the modern global economy 5 4 4 -- 1 3.2 Offshore business: international experience 7 6 4 2 1 3.3 Offshore business in Russia and for Russian companies 4 3 2 1 1 4 4 Unit 4 «The Principles of Offshore Business Regulation» 4.1 International practice to regulate offshore companies activity 3 2 2 - 1 4.2 Offshore regulation in Russia 2 2 2 - Summarizing discussion, taking the test Total: 8 2 - 2 6 59 36 26 10 23 3. PROGRAMME Unit 1 “The Theory and Classification of Special Economic Zones” The integrated aim of the Unit. This Unit is devoted to the essence of actual thing in modern economic life of different countries which is called Special Economic Zones. These zones are used by governments as the specific testing area for examination of new policies and regulation tools in the sphere of economic and social life. This block of lectures contents the following topics: SEZs essence, evolution, classification, motivation of SEZs creation, goals difference for developed and developing countries, attraction for investors, privileges for residents. Subject 1.1. Nature and essence of Special Economic Zones. The role and position of Special Economic Zones in the system of World Economic Relations. Introduction. The place of Special Economic Zones and Offshore Territories in the system of modern International Economy. Different scientific approaches to the definition of Special Economic Zones. SEZs as a factor of accelerated economic growth. Specific features and SEZs characteristics. Special Economic Zone in terms of Russian Federal Law “About Special Economic Zones”. The history of SEZs creation in different countries in the world. Evolution of different SEZs types. International experience. Diversifications of functions and activities within SEZs. SEZs generations. Criterions of SEZs classifications. SEZs activity types. SEZs border types. Full-serviced zones. Cross-border co-operation. Goals and objects of Special Economic Zones. Role of SEZs for developed and developing countries. 5 Subject 1.2. Special Economic Zones are the tools of attraction of investments to develop regional economy. Preconditions of SEZs creation and developing which are attractive for foreign investors. Infrastructure requirement as one of the most important things to attract international capital sources. Types of business privileges in the SEZs. Special tools of FDI attractions to develop industrial and market potential: international practice. Principles of business activity in the SEZs for attracting and utilizing of internal and external territory potential. Motivation system to attract foreign investors to the special economic zone. Principle of competitive advantages in the SEZs’ market. Costs necessary to create an effective competitive zone. International experience of foreign investment attraction. Main directions of FDI’s attracted through the SEZs and their impact on the national economy. Unit 2 «The Creation and Operation of Special Economic Zones: International Experience» The integrated aim of the Unit. The main idea of this module (block of lectures) is to research a special experience of foreign countries in the sphere of creation and developing of special economic zones. In spite of a lot of differences with the goals and objectives of SEZs in different countries with different levels of development, the tool of SEZs is considered as a very effective and attractive to stimulate business activities. Different countries use a wide range of tools within SEZs in accordance with their aims and economic policies. The study of international experience is more than actual today for Russian economy while it tries to develop an effective concept for Russian SEZs. Subject 2.1. Special Economic Zones in the countries with different level of economic development. Zones of Foreign Trades (ZFT) in USA. Special characteristics of American ZFT. Types of ZFT: GP- and SP-zones. Enterprise zones. Key feature of export processing zones in USA. NAFTA as an international integration special economic zone with USA participation. Key features of SEZs activities in some European high developed countries in the XX-XXI centuries. SEZs of Germany, Great Britain, Denmark, Ireland (“Shannon”) etc. Main types of Japanese SEZs: technopolices and Free Trades Areas (FTA). Government support of SEZs in Japan. SEZs is the fundament for the national concept of economic growth in developing countries. Special characteristics of SEZs in developing countries. Their key features. Role of export processing zones for economic growth promotion in developing countries. Export Processing Zones in Syria, India, South Korea, Indonesia, Philippines etc. 6 Subject 2.2. Special Economic Zones in the transition economies. Countries of Baltic, Central and East Europe in the SEZs market. Goals and objectives of SEZs in these countries. Key features of Free Customs Zones in the European countries in transition. SEZs of former Yugoslavia countries, Bulgaria, Lithuania and other Baltic and Central and East Europe countries. Chinese experience is an example of effective implementation of SEZs ideas to the national economy. The role of SEZs for integration of Chinese national economy into Global International Economic System. SEZs of China is a channel of attraction of foreign direct investment and technology, management experience and finance as well. Stages of SEZs development in China. Key features of state policy for investment attraction in China. Seaside Open Cities in China and their role for the internal districts development. Difficulties and problems of SEZs development in China. “The Belt of Openness” in the Chinese economy. Main characteristics of Russian SEZs development. Stages of SEZs’ activities in Russia. The Programme of SEZs development in USSR and main reasons of its failure. Creation of SEZs in some regions of Russian Federation in 90-s XX. Goals and objectives of first Russian SEZs. Reason of ineffective SEZs performance. Federal Law “About Special Economic Zones”, 2005. Concept, ideas, goals and objectives of new SEZs in Russia created in terms of Federal Law. Russian Federal Agency of SEZs Regulations. Special Economic Zones in the CIS countries (Belarus, Ukraine, Kazakhstan). Subject 2.3. Innovative, scientific and technological economic areas The role of scientific and technological economic zones for the innovative process development and hi-end technologies realizing. Elements of the innovative activities mechanism I the system of market economy. Modifications of scientific and technological economic zones. Parks of Research and Development. Technopolices and Technoparks. Scientific-Technical cooperation within the technological economic zones, parks of research and development, innovation and research areas. Structure of the biggest technological economic zones. Key features of technological economic zones in countries with different level of development. Technopolices in Japan and Techoparks in USA. Characteristics of technological economic zones in Europe and Asia. Russian technological economic zones. Unit 3 «The Offshore Territories in the Contemporary World Economy» The integrated aim of the Unit. This module (the block of lecturers) opens the essence of offshore zones in the contemporary system if World Economy. Despite of rather short history of this tool of regional economy stimulation, this type of SEZs has a significant role in the global business activities. A half of all finance transactions and one third of world turnover is provided through the offshore business structures. There are more than 2000 units in the world where the offshore 7 regimes are used. The most business organizations use offshore jurisdiction for their business deals. This module gives the explanation of offshore business essence, provides main business schemes of utilizing offshore zones for regular practice of some companies, describes the classification of main offshore jurisdiction. Subject 3.1. Essence and role of Offshore zones in the modern global economy Actuality and range of offshore activity in terms of modern World Economy. The role of offshore territory for the contemporary global and national economy. Factors of demand increasing for services provided by offshore companies. Aims and methods of offshore companies / zones utilizing in terms of modern International Economic Relations. Main attributes of offshore jurisdictions. Offshore zones variety. “Tax Heaven”. Countries which provide preferential conditions for special activity. International treatments of avoidance of double taxation. Offshore territories. Untraditional offshore zones (Ireland, Cyprus). Offshore centers specialization. Offshore centers and zones for banking and insurance activity. Investment holding centers. Offshore zones for ship-owners and international transportation. Subject 3.2. Offshore business: international experience Basics of offshore business. Adequate degree of business unit residence for taxation. Offshore business. Offshore company. Organizational and legal forms of offshore business. Tax transparency. Main characteristics of offshore firms’ attributes. Methods of offshore companies utilizing for needs of legal bodies and private persons. Optimization of legal bodies’ activities. Tax planning. The optimal finance channel for capital flow among different countries. The tool of interest foundation. International trust. Reliability of finance assets and risk management. Offshore zones for private persons. Offshore companies functions. Offshore company is the import supplier. Offshore company is the export purchaser. Offshore company is the contractor. Offshore company is the property owner. Offshore company is the bank account holder. Offshore company is the employer. Offshore company is the leasing company. Offshore company is the ship-owner. Subject 3.3. Offshore business in Russia and for Russian companies Offshore business in Russia: the current state and direction of development. Foreign offshore units and Russian territories with the privileged tax regimes. Reasons of demand growth of offshore service. Main characteristics of some Russian offshore territories: zone of economic favor “Ingushetia”, Novgorod region zone of economic favor, special tax zones in 8 Kalmykia etc. (before the Federal Russian Law “About special economic areas” adoption in 2005). Main reasons of disadvantageous of former Russian offshore territories. Special characteristics of offshore business in Russia. Methods of tax planning realized in Russia. The schemes of tax minimizing. Registrar companies and their activity in Russia. Registrar companies requirements. Offshore business fraud and methods of avoid it. Unit 4 «The Principles of Offshore Business Regulation» The integrated aim of the Unit. The problem of offshore business adjustment seems to be very sharp under the modern economic circumstances. The World Economy accumulated a huge experience in both sides, positive and negative, in the field of relations between National Government and Offshore Companies. The border between legal and illegal business is very transparent. The wrongful acts lead the whole countries to the degradation of their social and economic systems. The tools of legal and illegal business are almost the same. That is why the Global Community wants to make the business activity more transparent to increase the possibility of its adjustment. The offshore schemes often give additional barriers for the international regulations. This Unit (module) gives you examples of authority regulation of offshore companies’ activities. Also there is information regarding main powerful international organizations which take part in the field of anti-offshore regulation. There is explanation of their goals and objectives, main point of work, the role of Russian authority which monitor the international finance, currency and tax aspects. Subject 4.1. International practice to regulate offshore companies activity Anti-offshore legislation. Government arrangement of offshore business units utilization by citizens and national companies. Governmental tools of national interests protection in front of offshore business and capital outflow. State requirements to the names and legal entity of offshore companies. International Institute of offshore business regulation. Basel Committee on Banking Supervision. International Organization of security papers monitoring. International organization activity of anti-money-laundering. Financial Action Task Force (FATF). Recommendation of Special Group of finance criminality combating. Directions of anti-money-laundering activities. The Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism "MONEYVAL". Egmont Group. The Eurasian Group on combating money laundering and financing of terrorism (EAG). Subject 4.2. Offshore regulation in Russia Offshore regulation in Russian Federation. Currency regulation in Russia. Federal Russian Law “About combating money laundering”. Recommendation of 9 Bank of Russia for finance control. Federal Financial Monitoring Service. FFMS aims of combating legalization (laundering) of proceeds from crime and financing of terrorism, and coordinating activities of other federal executive bodies in this sphere. The power of FFMS. FFMS controls and supervises the process of implementation of the requirements of the legislation of the Russian Federation on combating legalization (laundering) of proceeds from crime and financing of terrorism by legal persons and individuals, bringing to responsibility those who have performed infringement of this legislation. Russian bodies which manage the collection, processing and analysis of the data on operations (deals) with monetary funds or other assets, subject to control under the a.m. legislation. Checking according to the a.m. legislation the submitted information on the relevant operations, in particular receives necessary clarifications on the submitted information etc. 4. TOPICS AND PLANS OF SEMINARS Subject 1. Nature of Special Economic Zones and their role in the system of World Economic Relations 1) Essence of economic definition of Special Economic Area 2) Evolution of Special Economic Zones 3) Classification of modern SEZ Self-assessment questions: 1. Find out different approaches to the SEZ definition. What is the essence of term? What goals and objectives try to achieve the countries which start the SEZ developing on site? Is there any goal difference between countries with different level of economic development? 2. Follow up the stages of SEZ evolution. Give examples of first European special free areas activities (The Hanseatic League, Open Towns, Free Ports). 3. What are the outstanding features of modern SEZ? Which criteria could be put on the basis of SEZ today’s classification? Reading - Special Economic Zones Performance: Lessons Learned, And Implications For Zone Development. The World Bank Group. Washington, USA. April, 2008. Subject 2. SEZ activity in developed and developing countries 1) Distinguishing features of SEZ in different countries with developed and developing economy. 2) The experience of SEZ activities in different countries. Self-assessment questions: 1. What are the main characteristics of SEZ establishing, development and management in different countries with the different levels of economic development? 2. What are the distinguish features and special tendencies of SEZ development in the following countries: 10 USA; Great Britain; Other countries of Western Europe; Japan; Newly Industrialized Countries of South-East Asia; Countries of Southern and Latin America. Reading. - Special Economic Zones Performance: Lessons Learned, And Implications For Zone Development. The World Bank Group. Washington, USA. April, 2008. Topics for essays: - Special features of SEZ activities in USA, Great Britain and Japan with the external trade or industrial specialization. - SEZ in developed countries of Asia and Southern America: current state, problems and prospects. Subject 3. SEZ activity in transitional countries 1) SEZ in countries of East Europe and Baltic states. 2) SEZ in China. 3) SEZ in Russia. 4) SEZ in CIS. Self-assessment questions: 1. What are the main characteristics of SEZ development in countries of of East Europe and Baltic states? 2. What were the stages of SEZ development in China? 3. Study the process of Russian SEZ establishment. What is the role of Russian Federal Law “About the Special Economic Zones” for Russian SEZ development? Compare the experience of Chinese and Russian SEZ. What were the reasons of disadvantages of Russian SEZ in 90ties? 4. Describe SEZ of Belarus and Kazakhstan. Estimate their efficiency under current conditions. Readings. - Russian Federal Law “About the Special Economic Zones” N 116-ФЗ, 22.05.2005 - Special Economic Zones Performance: Lessons Learned, And Implications For Zone Development. The World Bank Group. Washington, USA. April, 2008. Topics for essays: - Chinese SEZ experience – lessons for Russia. - SEZ in Russian Federation: history, activity, current state and prospects. Subject 4. Offshore business international experience 1) Essence of offshore business 11 2) Offshore companies utilization for needs of legal bodies and private persons 3) Practical aims of offshore companies Self-assessment questions: 1. What is the sense of offshore business? What legal and organizational forms are used in by offshore business units? What does it mean the offshore jurisdiction? What are the main attributes of offshore company? 2. How do legal bodies and private persons realize their interests via offshore business schemes? 3. What business functions do offshore companies provide? What are the main schemes of deals and transactions with offshore companies? Subject 5. Offshore business in Russia and for Russian companies. 1) Main characteristics of activity some former offshore territories in Russia. 2) Specificity of Russian offshore business. Self-assessment questions: 1. Which Russian territories had the rights of offshores? What was the essence of their activity? What were the reasons of unpleasant consequences for the Russian political subdivisions involved into offshore projects realizing? 2. How do Russian companies make offshore business today? 12 5. STUDENT’S SELF-STUDY № п/п Self-Study Hours 1 1. 2 Prepare for seminar “Nature of Special Economic Zones and their role in the system of World Economic Relations” 3 2 4 Estimation at seminar 2. Prepare for seminar “SEZ activity in developed and developing countries”. Essay writing. 4 Estimation at seminar, essay’s grade 3. Prepare for seminar “SEZ activity in transitional countries”. Essay writing. 4 Estimation at seminar, essay’s grade 4. Test 3 Scored grade 5. Prepare for seminar “Offshore business: international experience”. 2 Estimation at seminar 6. Prepare for seminar “Offshore business in Russia and for Russian companies” 2 Estimation at seminar 7. Colloquium / Test 6 Scored grade Total: Control forms 23 Additional essay’s topics 1. 2. 3. 4. Eastern Europe experience of SEZ activity in transition. Offshore zones in terms of modern World Economy. Cyprus is a low tax jurisdiction and their role for Russian economy. International institutes of offshore business adjustment and their role for the current level of international relation. 5. Special characteristics of offshore zones utilization for Russian business practice. 13 7. GLOSSARY № Definition Content of definition п/п 1 2 3 1. Special A Special Economic Zone (SEZ) is a geographical region that Economic Zone has economic and other laws that are more free-market(SEZ) oriented than a country's typical or national laws. "Nationwide" laws may be suspended inside a special economic zone. 2. Free zones trade Free trade zones (FTZs; also known as commercial free zones) are fenced-in, duty-free areas, offering warehousing, storage, and distribution facilities for trade, transshipment, and re-export operations 3. Export processing zones Export processing zones are industrial estates aimed primarily at foreign markets. Hybrid EPZs are typically sub-divided into a general zone open to all industries and a separate EPZ area reserved for export-oriented, EPZ-registered enterprises 4. Enterprise zones Enterprise zones are intended to revitalize distressed urban or rural areas through the provision of tax incentives and financial grants 5. Free-ports Free-ports typically encompass much larger areas. They accommodate all types of activities, including tourism and retail sales, permit on-site residence, and provide a broader set of incentives and benefits 6. Single factory Single factory EPZ schemes provide incentives to individual enterprises regardless of location; factories do not have to locate within a designated zone to receive incentives and privileges 7. Specialized zones Specialized zones include science/technology parks, petrochemical zones, logistics parks, airport-based zones, and so on 8. Offshore company 1. A company which is incorporated outside the jurisdiction of its primary operations regardless of whether that jurisdiction is an offshore financial centre (sometimes known as a non-resident company) i.e. a Canadian company may be 'offshore' for the purposes of a USA citizen ; or 14 2. Any company (resident or otherwise) incorporated in an offshore financial centre, i.e. offshore jurisdictions 9. Trust company 10. Federal Financial Monitoring Service A trust company is a corporation, especially a commercial bank, organized to perform the fiduciary of trusts and agencies. It is normally owned by one of three types of structures: an independent partnership, a bank, or a law firm, each of which specializes in being a trustee of various kinds of trusts and in managing estates. Trust companies are not required to exercise all of the powers that they are granted. Further, the fact that a trust company in one jurisdiction does not perform all of the duties of a trust company in another jurisdiction is irrelevant and does not have any bearing on whether either company is truly a "trust company". A trustee will manage investments, keep records, manage assets, prepare court accountings, pay bills (depending on the nature of the trust) medical expenses, charitable gifts, inheritances or other distributions of income and principal. The Federal Financial Monitoring Service is a federal executive body aimed at combating legalization (laundering) of proceeds from crime and financing of terrorism, and coordinating activities of other federal executive bodies in this sphere. 11. Financial Financial Action Task Force (FATF) is an inter-governmental Action Task body focused on the development and promotion of policies, Force both at national and international levels, to combat money laundering and terrorist financing 12. The Eurasian Group on combating money laundering and financing of terrorism (EAG) The Eurasian Group on combating money laundering and financing of terrorism (EAG) is a FATF-style regional body founded on October 6, 2004 by decision of the Inaugural Conference of six states – Belarus, China, Kazakhstan, Kyrgystan, Russia and Tajikistan. Uzbekistan joined the EAG in 2005. 15