2013 MCTL Quarterly Business Update April – June 2013 A quarterly update on business registrations, foreign investments, company registrations, and inspectorate trends recorded by the Ministry of Commerce, Tourism and Labour Policy Division MCTL 24-09-13 Table of Contents 1. Executive Summary ........................................................................................................................ 3 2. Business Licenses ........................................................................................................................... 4 3. 4. 5. 2.1 New and Operating Business Activities.................................................................................. 4 2.2 Closed Business Activities ...................................................................................................... 5 2.3 Nature of Licensed Business Activities in Tonga ................................................................... 6 2.4 Location of Licensed Businesses in Tonga ............................................................................. 6 Foreign Investment Registrations ................................................................................................... 7 3.1. Number of Foreign Investments Received.............................................................................. 7 3.2. Nature of Foreign Investments Received ................................................................................ 7 3.3. Estimated level of investment ................................................................................................. 8 Company Registrations ................................................................................................................... 8 4.1. New Registered Companies .................................................................................................... 9 4.2. Location of registered companies ........................................................................................... 9 Inspectorate Statistics...................................................................................................................... 9 5.1. Business License Regulatory Enforcements ........................................................................... 9 5.2. Regulatory Enforcements of the Price and Wages Control Act 1988 and Weights & Measures Act 1988 ........................................................................................................................... 10 6. 5.3. Consumer Complaints ........................................................................................................... 11 5.4. Consumer Protection Regulatory Enforcements ................................................................... 11 Implications for MCTL ................................................................................................................. 12 MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 2 1. Executive Summary The Quarterly Business Update Report is a quarterly publication of the Ministry of Commerce, Tourism & Labour. It seeks to better inform stakeholders of business trends in the country, using data collected by the Ministry on business licence registrations, company registrations, foreign investment registrations and regulatory enforcement activities during the period of April - June 2013. Statistical business trends identified from April - June 2013 include the following: There were 320 renewed business licenses, and 165 new business licenses issued during the period from Apr – June. There was a decrease in the number of new licenses issued (-53%) compared to the same quarter in the previous year. There was however an increase of 70% in business licence renewals from the same quarter of the previous year. A total of four businesses closed during the June Quarter 2, 2013. The same amount as the previous quarter and an 81% decrease from the same quarter in the previous year. 42% of business activities registered during Quarter 2 were in the Service sector, followed by 39% in the Trade sector, 14% in the Tourism sector and 5% in the Manufacturing sector. Business license registrations in the second quarter of 2013 identified 60% of licensed business activities were registered in Tongatapu, followed by 14% in Vava’u 12% in ‘Eua, 10% in Ha’apai and 4% in the Niua’s. There were a total of eight Foreign Investment Registration Certificates (FIRC’s) issued during the Second Quarter of 2013, with one coming from Fiji, two from New Zealand, and five from ‘Other’ which includes USA, Europe, Asia. The number of FIRC’s issued decreased by 20% from the First Quarter of 2013. There were three FIRC’s issued for both service and trade investments while two were issued for tourism related activities. There was an overall estimated investment cost of TOP$2,709,951. Employment opportunities from the issued FIRC’s are estimated to be 81 Tongan employees and 71 foreign employees. Five of the FIRC’s were issued for Tongatapu, two for Vava’u and one for Ha’apai. There were 20 new companies registered during the Second Quarter, with all of them coming from Tongatapu. The Inspectorate Division conducted inspections of 778 business activities in all of Tongatapu during the Second Quarter of 2013. From these inspections, one closing letter was issued. A total of 209 retail stores were inspected, with 128 weights and measurement equipments tests being carried out. MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 3 51 inspections of existing Service Stations and their individual bowsers were conducted during the Second Quarter of 2013 to enforce the monthly maximum petroleum prices regulated by the Competent Authority under the Price and Wage Control Act 1988. Five bowsers were found to be non-compliant, and therefore rejected. There were 272 calibrations of bowsers carried out also. There were eight complaints received about consumer goods, three about service, and one regarding wages. There were 222 consumer inspections completed with 76% of inspections resulting in no breach of acts or regulations, up from 47% in the First Quarter of 2013. The Second Quarter has bought in lower business registrations due to the majority of businesses registering at the start of the new-year. The impact of the reinforced regulatory enforcements by the Ministry on business compliance suggests a positive implication on the promotion of businesses as well as improved health and safety for the general public. The ministry however recognizes that there is a need to consolidate and strengthen its inspectorate functions for greater compliance achievements. 2. Business Licenses 2.1 New and Operating Business Activities The number of new business registrations for the Second Quarter of 2013 is considerably lower than that of the same period in the previous year, see Figure 1. However new tourism sector business registrations have increased from 12 in Quarter 2 2012 to 28 during Quarter 2 2013. The tourism sector represents an important sector within the Tongan economy as a major source of funds to The Kingdom of Tonga. MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 4 400 348 Business Licences 350 320 300 250 188 200 150 165 Renewed New 101 100 50 - June - 2011 June - 2012 June - 2013 Quarter Figure 1: New and re-registered business license applications during the June Quarter of 2011, 2012 and 2013. Nb. 2011 renewal data not available 2.2 Closed Business Activities The number of closed businesses recorded during the Second Quarter of 2013 has decreased compared to the same quarter of 2012. Four businesses closed during the Second Quarter 2013 while 21 businesses closed down in the same quarter of 2012. The number of closed businesses was the same in both the First and Second Quarters of 2013. 25 Closed Businesses 20 15 10 5 Mar-2012 Jun Sep Dec Mar-2013 Jun Figure 2: Number of closed businesses over two years up to Quarter 2 2013 MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 5 2.3 Nature of Licensed Business Activities in Tonga As can be seen in Figure 3, the service sector has had the largest amount of new business registrations, at 74 new registrations or 45% of all new business registrations. There were a total of 14, 28, and 49 new business registrations in manufacturing, tourism, and trade respectively. 180 160 Business Licences 140 120 100 2011 80 2012 60 2013 40 20 Manufacturing Services Tourism Trade Business Activity Figure 3: New business licenses by sector for June Quarter, 2011-2013 2.4 Location of Licensed Businesses in Tonga At the end of June 2013, 60% of licensed businesses were located in Tongatapu, followed by 14% in Vava’u, 10% in Ha’apai, 12% in ‘Eua, and 4% Niuatoputapu. Of the newly registered businesses, 83% are from Tongatapu, while 8% come from Vava’u, 2% from Ha’apai, and 6% from ‘Eua. Niuatoputapu 4% 'Eua 12% Ha'apai 10% Vava'u 14% Tongatapu 60% Figure 4: Location of business registrations at end of June 2013 MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 6 3. Foreign Investment Registrations 3.1. Number of Foreign Investments Received There were a total of 8 foreign investments registration certificates (FIRC’s) issued during Quarter 2, 2013. Figure 5 below shows the number of FIRC’s issued over the last two quarters, and shows that there has been a 20% decrease since Quarter 1 of 2013. Number of Foreign Investment Registration Certificates Issued 12 10 8 6 4 2 Qrt 1 Qtr 2 Figure 5: Foreign Investment Registration Certificates issued for quarter 1 and 2 of 2013 3.2. Nature of Foreign Investments Received During the June Quarter, 2013, there were a total of eight FIRC’s issued. Of the new FIRC’s issued, three were in services, two in tourism, and 3 in trade. Table 1 below shows each FIRC issued, where the investment is being made, the investment country, business activity, investment amount, number of local employment, and number of foreign employment. As depicted in Table 1, it can be seen that five of the foreign investors are from Europe, and Asia. While two are from New Zealand and one is from Fiji. It can be seen in Table 1, that from the eight FIRC’s issued in the June Quarter, 2013, there will be an estimated 81 Tongans employed and 71 foreigners employed. The main location of issued FIRC’s are based in Tongatapu (5) while two are based in Vava’u and one is to be based in Ha’apai. MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 7 Business Address No. of Foreign Investors Country Business Activities Investment Amount ($) No. of Local Employment No. of Foreign Employment Ha'apai 2 German Tourist Accommodation TOP 121,951.00 13 2 Tongatapu 1 Computer Sales & Services TOP 8,000.00 2 1 Tongatapu 1 Bangladesh New Zealand Construction TOP 60,000.00 40 60 Tongatapu 2 Fiji Fast Food Retail TOP 5,000.00 3 1 Tongatapu 2 Japan Food retail TOP 110,000.00 5 2 Tongatapu 1 Taiwan Hardware store TOP 2,000,000.00 15 3 Vava'u 1 1 1 2 Environmental & Ecotourism Consulting Tourism - Diving, Snorkelling, Spearfishing, Sailing, Island Tours TOP 5,000.00 Vava'u UK New Zealand TOP 400,000.00 2 1 Total 12 TOP 2,709,951.00 81 71 Table 1: Foreign Investment Registration Certificates Issued, June Quarter 2013 3.3. Estimated level of investment The estimated investment cost of all eight FIRC’s issued is TOP$2,709,951. This value is down from the First Quarter investment of TOP$5,799,164. There were fewer FIRC’s issued during the June Quarter of 2013. The average investment per FIRC in June was TOP$338,000, a fall from TOP$580,000 in the March 2013 quarter. Foreign Investment Cost TOP(Million) 7 6 5 4 3 2 1 Mar - 2013 Jun - 2013 Figure 6: Estimated investment cost for Quarters 1 and 2, 2013 4. Company Registrations Comparable with business license registrations, the trend of the total number of company’s registered increased by 2% from Quarter 1, 2013 to Quarter 2, 2013. There were a total of 20 new company registrations during the 2nd quarter of 2013. There are now therefore 979 companies registered. MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 8 4.1. New Registered Companies New company registrations saw a decrease in the Second Quarter of 2013 (20) compared to the same quarter of 2012 (25). As shown in Figure 11, new company registrations tend to fluctuate around 25 per quarter. 40 37 33 New Company Registrations 35 31 30 30 25 26 23 25 30 26 20 20 15 10 5 - Figure 7: Ney company registrations, showing Quarterly data from March 2011 – June 2013 4.2. Location of registered companies All of the newly companies registered during the June Quarter of 2013 were located in Tongatapu. 5. Inspectorate Statistics 5.1. Business License Regulatory Enforcements The Inspectorate Division conducted inspections of 778 business activities in Tongatapu during the Second Quarter of 2013. From these inspections only one business was issued a closing letter and no businesses were found to be operating without a valid business license. A comparison with the previous last three quarters of the year 2012 indicates significant improvements in business compliance for the first two quarters of 2013. For example, the number of businesses identified to have failed to notify closure of business decreased from 58 businesses in the Fourth Quarter of 2012 to no businesses in the First Quarter 2013 and one business in the Second Quarter 2013. The minimal rate of non-compliance suggests that the reinforced inspectorate functions of the ministry are enforcing higher business conformity. MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 9 5.2. Regulatory Enforcements of the Price and Wages Control Act 1988 and Weights & Measures Act 1988 A total of 209 retail stores were inspected, in the Second Quarter of 2013, to ensure the stores were meeting the requirements. Under the act prices for regulated products need to conform to the regulated minimum prices and weight and scales use must be correct. Of the 209 retail stores inspected during the Second Quarter of the year 2013, no stores were found to be non-compliant. Table 2: Retail store inspections April-June 2013 Price control/Weights and measures unit Retailing Stores inspected Closed during inspection Weights and measurement equipment tested Apr May 58 0 4 Jun 84 0 58 Total 209 67 2090 128 66 12128 A total of 51 inspections of service station bowsers were conducted during the Second Quarter of 2013 to enforce the maximum price regulated by the Competent Authority. As a result, five rejections were recorded of bowsers that did not comply and 11 bowsers were also found to be out of service. The overall result from Quarter 2 2013 was that there were less bowser inspections than the previous quarter, there were also fewer rejected bowsers, and fewer out of service bowsers. The value of rejected bowsers is up however on the same period in 2012, due to there being fewer inspections and more rejections there is a need for servicing of bowsers to keep up the standards. 80 70 60 Bowsers 50 Bowsers Inspected Rejected 40 Out/Service 30 Closed 20 10 Jun-2012 Sep Dec Mar-2013 Jun Figure 8: Bowsers tested by inspectorate, June Quarter 2012 – June Quarter 2013 MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Page 10 5.3. Consumer Complaints During the Second Quarter of 2013, 12 complaints were received, with eight received on consumer goods, three on service, and one on wages. There were 20 fewer complaints during the Second Quarter of 2013 compared to the First Quarter of 2013, and there were the same number of complaints received as in June Quarter, 2012, as shown in Figure 13. 35 Complaints Received 30 25 Consumer Goods 20 Service 15 Wages Others 10 5 Mar-2012 Jun Sep Dec Mar-2013 Jun Figure 9: Complaints received by inspectorate, March 2012 – Jun 2013 5.4. Consumer Protection Regulatory Enforcements Of the 222 consumer inspections carried out during Quarter 2, 2013. 54 (76%) were in breach. The most common breach was found to be expired goods (65) followed by non English/Tongan goods found (14), and incomplete label goods found (11). Businesses have improved in following consumer laws as 76% of inspections during the June quarter resulted in no breach, up from 47% during the March quarter 2013. Table 3: Consumer protection unit findings, Quarter 1 & 2, 2013 Consumer Protection Unit Consumer Inspections (1) Defective Goods Found (2) Expiry Goods Found (3)Counterfeit Goods Found (4)Misleading Goods Found (5)Incomplete Label Goods Found Quarter 1 2013 423 38 177 9 43 61 MCTL Quarterly Business Update: Quarter1 Jan – March, 2013 Quarter 2 2013 222 2 65 1 6 11 Page 11 (6)Non English /Tongan Goods Found Stores Inspected with no Breach Percentage of total with no breach 62 198 47% 14 168 76% 6. Implications for MCTL The Second Quarter of 2013 brought about a decrease in business license renewals and new applications. This is expected however as most businesses apply for their licenses during the First Quarter. Analysis of the business license data indicates that businesses in Tonga continue to be concentrated in the Service and Trade sectors with few new businesses in manufacturing and tourism. The new grant provision of TOP$1 million for the manufacturing and tourism sectors aims to encourage growth in these two sectors. The business license data also continues to confirm that Tongatapu is the centre of business. There is minimal business growth in Vava’u, Ha’apai, ‘Eua and the Niua’s. Hence there is a need for the Ministry to consider how to stimulate rural growth and how to address investment constraints in these outer islands. Foreign investments have continued on a declining trend since the Second Quarter of 2012. Investment costs have been fluctuating over the past quarters however the average investment did drop during the Second Quarter of 2013. Irregularities in the type of investments and source of investments suggest that there are no clear targeted incentives for foreign investors to invest in the country. Nonetheless, given the ability of foreign investments to drive growth in other economies, there is a need for Tonga to consider effective measures to stimulate investment in the country. Investment costs have been fluctuating over the past quarters however the average investment did drop during the Second Quarter of 2013. The trend of the total number of company registrations are identified to have consistently increased over recent years up to current. New company registrations tend to fluctuate around 25 registrations per quarter. The impact of the reinforced regulatory enforcements by the Ministry on business compliance suggests a positive implication on the promotion of businesses as well as improved health and safety for the general public. There is pressure on the Ministry to continue to strengthen and consolidate its inspectorate functions given the positive impacts of increased compliance on the business playing field and the welfare of the general public. 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