BUSINESS LICENSING REFORMS - INSIGHTS FROM SELECTED COUNTRY EXPERIENCES - World Bank Document
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized BUSINESS LICENSING REFORMS INSIGHTS FROM SELECTED COUNTRY EXPERIENCES
AUTHOR Aris Molfetas (amolfetas@worldbank.org) is a Private Sector Specialist in the World Bank Group’s Global Business Regulation Unit. He advises governments in a range of areas relevant to business regulation. ACKNOWLEDGMENTS The author appreciates the input, feedback, and advice received from Wafa Aranki (Senior Private Sector Specialist) throughout this work, the insights and input provided by Ursula Blotte (Operations Officer) and Emilia Abusada (Consultant) on the Peru case study, the feedback and comments of Peter Kusek (Senior Private Sector Specialist) and Lars Grava (Senior Private Sector Specialist) and the general guidance of Catherine Masinde (Practice Manager). DISCLAIMER This note is published by the Global Business Regulation Unit of the World Bank Group. It discusses practical considerations and approaches for implementing reforms that aim to improve the business environment. The findings, interpretations, and conclusions in this note are those of the authors and do not necessarily reflect the views of the Executive Directors of the World Bank or the governments they represent. ABOUT THE GLOBAL BUSINESS REGULATION UNIT The Global Business Regulation Unit of the World Bank Group supports client governments through analytics, advice, and lending operations to implement reforms designed to promote an efficient, transparent, and predictable business JUNE 2019 environment for growth.
EXECUTIVE SUMMARY Business licensing is a key component of any country’s business environ- ment because government licenses are often required to set up business activities and conduct operations. Licenses and other forms of ex-ante approvals typically impose on businesses a range of conditions and obligations while providing certain rights. If appropriately implemented, licenses can help regulators address market failures, monitor businesses that may pose risks to public goods, restrict entry to businesses failing to meet minimum regulatory standards, and allow the controlled use of valuable and scarce community resources. At the same time, business licensing is often in five jurisdictions. These case studies comple- cited by the private sector—across regions and ment previous publications of the World Bank income levels—as an obstacle to doing busi- Group in the areas of business registration, licens- ness. Entrepreneurs are sometimes constrained ing, and inspections, such as the 2006 publica- by convoluted procedures, onerous compliance tion “Business Licensing Reform: A Toolkit for standards, unaffordable fees, overlapping or Development Practitioners” and the 2009 pub- sometimes duplicating approval processes, and lication “Licensing Case Studies for the Tourism fragmented governance systems, among other Sector.” The 2006 publication provided both an shortcomings. In some cases, business licensing overview of the phases and approaches as well as may be captured by vested interests and deployed specific examples of licensing reform. This collec- as a barrier to new entrants, thus protecting tion of case studies discusses additional examples incumbents from competition. In response, of such reforms by exploring policies, institutions, some jurisdictions have reformed their regulatory and procedures as well as innovative approaches frameworks to lower compliance costs for busi- to licensing reform to inform development prac- nesses, increase compliance levels, and ultimately titioners and governments on practices and solu- improve regulatory outcomes, such as protection tions in this critical regulatory area. of public health, safety, and the environment. The reforms featured in the case studies do not This publication provides a collection of case necessarily represent the most recent or inter- studies documenting successful licensing reforms national best practices. Instead, they have been 1
selected based on the availability of resources licensing. Although Singapore has now migrated and the different angles taken by each reform to an even more comprehensive portal, known as highlighted. LicenseOne, the case study illuminates the impor- tance of having an appropriate institutional setup Canada’s BizPaL illustrates a publicly available multi- for reform when attempting to deliver integrated, jurisdictional database of licenses regulating business cross-agency, government-to-business services. The activity. BizPaL clarified a formerly complicated author relied primarily on the work of Thompson and opaque licensing system, rendering it trans- S.H. Teo, Tat Koon Koh, Pelly Periasamy and parent and client-centric and creating cost savings Siew-Kein Sia for information on the OBLS reform. for business. It started small, with only a few pilot municipalities, but grew organically over the years Malaysia, a middle-income country, successfully into a comprehensive, publicly available database implemented the guillotine approach at the federal of information on business licenses for both local and state level in initiating its Modernizing Busi- and federal governments. ness Licensing program. Similar to the case study on Singapore, Malaysia’s case study highlights the Chicago’s overhaul of the city’s regulatory com- importance of an adequate institutional setup in pliance regime exemplifies the different tools and implementing reforms across ministries and in approaches that can be employed to modernize out- digitalizing procedures. dated regulatory compliance systems, including the use of data analytics. Moreover, the reform’s success Peru’s simplification project for tourism licensing highlights the importance of benefiting from the demonstrates sector-specific regulatory simpli- private sector’s extensive engagement throughout fication at the subnational level. The case study the reform process, during both the diagnostic and underscores how improvements in government-to- the implementation phases. Lastly, this case study business service delivery through decentralization discusses interesting approaches employed to accom- and streamlining help improve both the investors’ modate new business types and promote innovation. journey and authorities’ regulatory oversight. The latter was crucial given the importance of pre- Singapore’s Online Business Licensing Service serving the cultural heritage sites of Peru’s Cusco (OBLS) was one of the first transactional portals for region. 2 BUSINESS LICENSING REFORMS
CANADA LEVERAGING TECHNOLOGY SOLUTIONS TO CREATE AN INTERGOVERNMENTAL ONE-STOP SHOP FOR LICENSING Canada’s BizPaL illustrates a publicly available multijurisdictional database of licenses regulating business activity. BizPaL clarified a formerly complicated and opaque licensing system, rendering it transparent and client-centric and creating cost savings for businesses. It started small, with only a few pilot municipalities, but it grew organically over the years into a comprehensive, publicly available database of information on business licenses for both local and federal governments. The author relied primarily on resources from the Canadian government and the Canadian Federation of Independent Business for information on the BizPaL reform. THE CHALLENGE highlighted by entrepreneurs were the lack of clearly communicated regulations and poor cus- In the early 2000s, entrepreneurs in Canada tomer service.3 A growing consensus among Government reported that the regulatory burden posed a the business community and independent think significant challenge to their operations and tanks4 at the time pressured local and federal authorizations were indicated that excessive regulations discouraged authorities to find ways to improve the businesses’ experience dealing with multiple governments. fragmented across business growth. The Canadian Federation of Independent Business (CFIB) estimated that the three government levels: total cost of the regulatory burden amounted to In response to these findings, the Canadian author- US$32.9 billion in 2005.1 Additionally, small ities focused on select areas of the business envi- entrepreneurs often business owners reported that regulations were ronment to improve service delivery to the private had to visit federal, detrimental beyond their direct financial costs. sector. Obtaining authorizations such as licenses For example, a CFIB survey in 20052 found that and permits was one of the areas entrepreneurs had provincial/territorial, and 73 percent of business owners thought that exces- significant struggles with, spending several hours sive regulations added significant stress to their navigating the convoluted regulatory environment. local government offices lives, and 51 percent reported spending time Government authorizations were fragmented and websites to find dealing with compliance issues outside regular across three government levels: entrepreneurs often business hours. Some of the specific challenges had to visit federal, provincial/territorial, and local necessary information. 3
FIGURE 1: THE COMPLIANCE COST FOR CANADIAN FIRMS IS BEING REDUCED AS A RESULT OF PROGRAMS TO CUT RED TAPE, BUT IT REMAINED HIGH WHEN COMPARED TO U.S. FIRMS AND AFFECTED THE SME SECTOR DISPROPORTIONATELY. Total cost of regulation to Canadian Annual regulation cost per employee, by size of firm (in 2012 dollars, Canada businesses—2005, 2008 and 2012 and the U.S.) (in billion 2012 dollars) $5,942 $32.9 $32.4 $30.9 Canada U.S. $4,084 $3,133 $2,620 $2,315 $1,841 $1,713 $1,456 $1,146 $1,278 2005 2008 2012 Note: The Canadian dollar and the U.S. dollar were Fewer than 5 5–19 20–49 50–99 100 or more assumed to be at parity. Number of Employees Source: Canadian Federation of Independent Business, “Canada’s Red Tape Report—With U.S. Comparisons,” January 2013. government offices and websites to find necessary ing with regulations at the three government levels. information. Since the various government depart- BizPaL was the product of a partnership led by the ments were siloed, entrepreneurs frequently received federal department Industry Canada under a shared fragmented or even conflicting advice. A move away governance and costing model with collaborative from an agency-focused approach and toward a more decision making among the governments partici- integrated, client-centric approach was necessary to pating in the platform. address these constraints. BizPaL was conceived The platform launched a pilot phase in December 2005 with a small number of Canada’s leading juris- as a client oriented, dictions, but it has since expanded to include over THE REFORM 700 jurisdictions. For BizPaL to work effectively, it self-service, web-based required seven federal departments, all provinces tool that would Creating a seamless environment for businesses is a and territories, and all municipalities across Canada challenging task for every government; it can be even to agree on a common way of doing business.6 The provide entrepreneurs a more daunting when the reform involves several gov- opportunity for such an interjurisdictional partner- ernments, each at a different administrative level in ship emerged in the early 2000s when a mandate transparent environment a federal system. Its multilevel governance structure to help small- and medium-sized firms and to inte- and save them was a core challenge faced by the Canadian authori- grate government services online coincided with a ties in their efforts to shape government-to-business 2004 federal budget calling for a reduced regulatory significant time and services in the era of digital governance. In response, burden for small businesses. At the time, the com- they forged multijurisdictional partnerships among pliance cost for Canadian businesses was estimated cost in complying with federal, territorial, provincial, and local governments. at over Can$32 billion or around 1.7 percent of regulations at the three Canada’s gross domestic product (GDP).7 Given One of the most successful examples of Canada’s that in small firms it is predominantly the business government levels. digital governance endeavor is BizPaL,5 an innova- owner who deals with regulatory issues, the com- tive online service that provides users with up-to- pliance burden was estimated to be comparatively date information on licenses, permits, and other higher for the SME sector.8 authorization requirements to start and operate a business in Canada. BizPaL was conceived as a cli- Managing the project’s multijurisdictional nature ent oriented, self-service, web-based tool that would required forging horizontal and vertical partner- provide entrepreneurs a transparent environment ships across jurisdictional boundaries.9 To that and save them significant time and cost in comply- end, a governance model was established with 4 BUSINESS LICENSING REFORMS
FIGURE 2: FOLLOWING A SUCCESSFUL PILOT IN FEW SELECT PROVINCES, BIZPAL GREW EXPONENTIALLY, BOTH HORIZONTALLY BETWEEN LOCAL GOVERNMENTS AND VERTICALLY AMONG THE LOCAL, PROVINCIAL/TERRITORIAL, AND FEDERAL GOVERNMENT AUTHORITIES Federal Minisries and Municipalites Number of Partners in BizPaL Provinces 800 40 700 35 600 30 500 25 400 20 300 15 200 10 100 5 0 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Year Municipal Federal Provincial Source: Mike Davis, Partner at Davis Pier. clear partnership roles and responsibilities (see Fig- for maintaining the system. Based on this arrange- ure 3). Participating provincial/territorial partners ment, each jurisdiction was also responsible for signed an Intergovernmental Letter of Agreement adding and maintaining its regulatory information (ILA), agreeing to participate in the project with a in BizPaL accurately. consensus-based approach and spirit. The ILA stip- ulated a cost-sharing model based on population Accordingly, Industry Canada led the BizPaL criteria and was intended to provide a framework initiative and was responsible for managing the FIGURE 3: PARTNERSHIP ROLES AND RESPONSIBILITIES FOR THE BIZPAL PROJECT Federal Provincial/ (Industry Canada) Territorial Local Government Managing the National BizPaL Office Enlisting and supporting local Responsible for maintaining the (center of expertise), including governments accuracy of permits and licences in partnership support, hosting, the database Providing funding to support central maintenance, and innovation operations Enlisting provinces and territories Managing Provincial/Territorial Promoting the service locally permits and licences in the database Managing the federal permits and Providing project management, licences in the database training, and quality assurance Participating on committees and Providing strategic guidance for working groups where feasible Acceleration and expansion of BizPaL partnership Source: “Evaluation of Innovation, Science, and Economic Development Canada’s BizPaL Service,” November 2015. INSIGHTS FROM SELECTED COUNTRY EXPERIENCES 5
The National BizPaL centralized governance structure. At the same time, Following the platform’s implementation, all regional and local governments retained author- levels of government and all channels directed Office in charge of ity over their participation, including their own clients to the BizPaL service. Through the online day-to-day platform information and the presentation of their respec- service, entrepreneurs were able to easily identify tive websites. Industry Canada introduced the all the necessary ex-ante approvals, such as the operations reported that National BizPaL Office (NBO), a project team licenses and permits required by each level of gov- tasked with managing BizPaL’s day-to-day opera- ernment, as well as information on how to obtain the BizPaL database had tions, ranging from content management to liaison them. The platform is thus more than an aggre- grown to include more and harmonization activities. As the project gator of authorization requirements for multiple expanded, the NBO assumed a secretariat func- jurisdictions. It provides customized online infor- than 13,000 licenses mation by prompting end users to respond to a tion to support the partnerships, oversee the tech- in 2014 and that the nology infrastructure, and provide links to all question-and-answer wizard and enter details spe- other federal departments and agencies.10 cific to their businesses, such as the firm’s location, platform served more business type, and planned activities. Based on the The BizPaL initiative was developed by Industry user’s responses, BizPaL automatically generates a than 10,000 businesses Canada over a two-year period starting in 2004, list of all required authorizations from all levels of on a quarterly basis. under the umbrella of the multiyear “Govern- government, including information on the cost and ment Online” initiative. Initially, Industry Canada frequency of renewal, the issuing authority’s con- received Can$336,000 to develop a proof of con- tact information, the application forms, and links cept for a licensing service in collaboration with to government websites on which users can find three municipalities across the three levels of gov- more information on the regulatory requirements. ernment and private technology partners. Follow- Even though the platform does not currently12 offer a transactional feature, in some cases users can ing the pilot’s successful launch in 2005, Industry apply for their licenses online, provided that the Canada received additional funding to accelerate government website in the respective jurisdiction BizPaL’s expansion nationwide. As implementa- offers this service. tion moved from the pilot phase into a full-fledged program, a more sustainable governance structure The National BizPaL Office in charge of day- was necessary. A Steering Committee consisting of to-day platform operations reported that the representatives from all participating governments BizPaL database had grown to include more than and federal agencies was introduced as BizPaL’s 13,000 licenses in 2014 and that the platform decision-making body.11 Additionally, a Project served more than 10,000 businesses on a quar- Manager’s Committee was established to work with terly basis. The NBO is currently exploring ways The project aimed the NBO and support the Steering Committee’s to further improve the service and make it even to provide a reliable decision making with informed input and recom- more client-centric by offering industry specific mendations for delivering the BizPaL initiative. bundles that aggregate information beyond licens- information portal, not ing. At the time of this writing, these functional- to overhaul Canada’s The project aimed to provide a reliable informa- ities are offered by some jurisdictions in Canada. tion portal, not to overhaul Canada’s entire licens- For example, Nova Scotia has developed bundles entire licensing regime. ing regime. The reform process, therefore, did not for restaurants, small shops, and accommodation involve a comprehensive policy review and overhaul businesses.13 These are comprehensive business The reform process, of compliance requirements or undertake stream- planning tools that aggregate regulatory informa- therefore, did not involve lining of existing procedures or rationalizing docu- tion for specific business activities (see Figure 5). mentation. Instead, efforts focused on performing The bundles provide entrepreneurs with a bird’s eye a comprehensive policy in-depth business process mapping to create an view of the relevant compliance activities, detailed review and overhaul of inventory and capture each license, permit, and guidelines for each activity, the steps required to be other ex-ante authorization. Additionally, the project taken and the order in which they must be com- compliance requirements intended to chart every step that entrepreneurs were pleted. These allow end-users to complete several or undertake streamlining required to go through to apply for and obtain needed steps online, including registering their businesses, approvals. As a result, local government experts had reserving a name, applying for all relevant business of existing procedures to account for all business types, sizes, and activities. licenses and building permits, scheduling inspec- or rationalizing The platform also required updates and maintenance tions, receiving information about compliance to ensure that it reflected new industries that devel- (e.g., tax or occupational safety), and even explor- documentation. oped and any changes in regulations. ing funding opportunities.14 6 BUSINESS LICENSING REFORMS
FIGURE 4: THE BIZPAL APPLICATION GENERATES A CUSTOMIZED LIST OF LICENSES AND PERMITS REQUIRED BY THE THREE LEVELS OF GOVERNMENT: FEDERAL, TERRITORIAL/PROVINCIAL, AND MUNICIPAL Source: BizPaL online platform, available at http://www.bizpal.ca/en/. INSIGHTS FROM SELECTED COUNTRY EXPERIENCES 7
FIGURE 5: THE PROVINCE OF NOVA SCOTIA’S INDUSTRY-SPECIFIC BUNDLE Source: Nova Scotia’s online service; available at https://accesstobusiness.snsmr.gov.ns.ca/a2b_web/portal/industryBundle.jsf. 8 BUSINESS LICENSING REFORMS
BOX 1: THE MOBILE BUSINESS LICENSE: ANOTHER LEVEL IN BUSINESS LICENSING SIMPLIFICATION A few years after BizPaL launched, Canada introduced an additional regulatory reform: the Mobile Business License (MBL).a The MBL is another example of a licensing reform across jurisdictional boundaries, in this case at the municipal and provincial levels.b Before this reform, businesses operating across different municipalities or provinces were required to obtain the respective licenses and permits of each jurisdiction. This was particularly burden- The MBL effectively some for mobile contractors such as catering businesses or freelancers, which had to obtain multiple nonresident permits. The MBL effectively eliminated the requirement to issue eliminated the a separate license in each municipality in which a business operated. The MBL allowed requirement to issue a entrepreneurs to obtain from their local government one license—in addition to their basic Business License—that allowed them to do business in any municipality in the province. The separate license in each governments remained responsible for enforcement within their jurisdiction and retained all municipality in which a revenue generated through the MBL. Businesses remained responsible for complying with the bylaws of each local government in which they operated. business operated. After a pilot launched in 2008, businesses in British Columbia that were surveyed reported that the MBL was cost effective. Businesses reported compliance cost savings from purchasing only one rather than multiple permits and that the MBL allowed them to offer their services where needed more efficiently. More importantly, by reducing the administrative burdens and allowing businesses to operate where their services were in demand, consumers had more services to choose from. At the same time, the MBL was beneficial for the local authorities as well. According to the 2008 study, the MBL led to significant revenue gains of over 55 percent in one year as every participating municipality saw a revenue increase and issued more licenses. Additionally, the number of licensed contractors increased by 20 percent in one year, a strong indication that compliance increased under the program. a Also referred to as an Inter-Community Business License or Inter-Municipal Business License. b For more information on the Mobile Business License in British Columbia, please visit: http://www2.gov.bc.ca/gov/ content/employment-business/business/small-business/mobile-business-licence-program THE RESULTS comply with regulations in a much more predictable and transparent business environment while saving The BizPaL reform brought several improvements time and money when searching for information. for both the public and private sectors. The most For example, the government of Ontario reported apparent benefit is the reduced complexity in iden- that BizPaL generated cost savings of US$26.6 mil- tifying all ex-ante authorizations for businesses. lion and saved over 700,000 working hours for the Following the reform, entrepreneurs can access private sector between 2012 and 2016.15 comprehensive regulatory information in a fast, user- friendly, and convenient way through a single access Additionally, the reform improved administra- point. As a result, entrepreneurs in Canada can now tive efficiency in the public sector by promoting INSIGHTS FROM SELECTED COUNTRY EXPERIENCES 9
The BizPaL service cross-jurisdictional collaboration and coordination Lastly, the BizPaL service also provided a viable in delivering services cost effectively. As BizPaL source of reliable and comparable information on also provided a viable facilitated self-service, it freed up government the licensing burden across industries and jurisdic- resources and permitted more efficient allocation tions. This type of information, when combined source of reliable and of staff dedicated to client service. Moreover, it with other sources, can be leveraged to inform pol- comparable information offered an up-to-date tool for government agents icy making. For example, Statistics Canada com- at all levels. Industry Canada estimated that the bined BizPaL information with data on the number on the licensing burden platform generated savings of Can$3 million in of businesses in each sector and the contribution public administration between 2004 and 2009. of each sector to GDP to identify areas that could across industries and The customized information also reduced the risk benefit from regulatory reform. The already exist- jurisdictions. This type of noncompliance, in turn helping regulators reach ing inventory can serve as a solid foundation for better regulatory outcomes. any review of current licenses. of information, when combined with other sources, can be leveraged to inform policy making. 10 BUSINESS LICENSING REFORMS
CHICAGO STIMULATING THE SMALL BUSINESS SECTOR THROUGH LICENSING REFORM AT THE CITY LEVEL Chicago’s overhaul of the City’s regulatory compliance regime exemplifies the different tools and approaches that can be employed to modernize outdated regulatory compliance systems, including the use of data analytics. Moreover, the reform’s success highlights the importance of benefiting from the private sector’s extensive engagement throughout the reform process, during both the diagnostic and the implementation phases. Lastly, the case study discusses interesting approaches employed to accommodate new business types and promote innovation. The author relied primarily on resources from the Ash Center for Democratic Governance and Innovation at Harvard University’s John F. Kennedy School of Government for information on Chicago’s reform. THE CHALLENGE recommended specific strategies for addressing Chicago’s Plan for some of the bottlenecks that disproportionately affected small and medium-sized enterprises, Economic Growth and Chicago’s Plan for Economic Growth and Jobs, launched in 2012, identified the city’s regula- which play a major role in the region’s economy.20 Jobs, launched in 2012, tory system as one of the city’s major obstacles to growth.16 With more than 1,700 units of Then recently elected mayor Rahm Israel Emanuel, identified the city’s government within the fourteen-county metro who had commissioned the 2012 study, swiftly area,17 governance was fragmented. This posed responded to the report’s findings and rec- regulatory system as an increasing challenge to businesses that had to ommendations by charging the city’s Innova- one of the city’s major navigate a complex bureaucracy for even rou- tion Delivery Team21 with the daunting task of tine tasks. These findings were consistent with overhauling Chicago’s licensing and permitting obstacles to growth. other studies18 and surveys19 indicating that system. The Innovation Delivery Team had been regulations for day-to-day business operations established a few months earlier and was tasked involving taxes, zoning, licensing, and permit- with creating and implementing innovative solu- ting regulations were perceived by local entre- tions to improve the city’s efficiency, primarily preneurs as major obstacles to doing business. vis-à-vis accessibility of government services and The report highlighted the need for reform and energy efficiency.22 11
The number of licenses THE REFORM were introduced every time a business activity was not covered by the established categories. The and administrative number of licenses and administrative formalities The team employed a mix of approaches in formalities had been assessing the regulatory landscape, guided by the had been on the rise since the previous reform in “ideation” process. This involved systematic exami- the mid-1990s, an indication that the framework on the rise since the lacked the flexibility to account for market changes nation of the problems and their possible solutions previous reform in through a four-perspective approach. without introducing new regulations. Additionally, the benchmarking exercise on Chicago’s regula- the mid-1990s, an tory environment revealed that other large U.S. More specifically, the team traced the city’s manage- indication that the ment of business license categories as well as studied cities employed less-complex frameworks with previous licensing reforms. This was important for significantly fewer licenses in most cases. As a framework lacked the result, the team concluded that business process understanding the source of the rising number of flexibility to account for licenses. The team interviewed staff who had reengineering would not be sufficient to ensure worked on the city’s last major licensing reform reform sustainability if the overall framework was market changes without not addressed first. in 1992 to learn from their experiences and gain introducing new their insights into the ever-expanding number of licenses and permits. This exercise revealed a need The team mapped the regulatory framework by regulations. creating an inventory of all licenses; their respective to improve the conceptual framework of licensing more broadly23 rather than simply to reduce the procedures for application, review, and issuance; number of licenses or streamline the existing licens- and the data management systems employed by ing procedures. The team deemed that previous each issuing authority. These findings were comple- reforms had failed to address this since new licenses mented with data provided by the issuing agencies FIGURE 6: THE FOUR-PERSPECTIVE APPROACH EMPLOYED TO REVIEW CHICAGO’S LICENSING REGIME Generating new ideas and The problems redesigning the regulatory manifested within local framework by administration and collaborating with other government stakeholders from the stakeholders including agencies and the exploring the legacy of private sector the existing regulatory model Forward Inward Backward Outward Insights on the “real feel” Other good regulatory of regulations by leveraging practices either various tools (e.g. engaging nationally or entrepreneurs to learn internationally about their experiences, mystery shopping tools) 12 BUSINESS LICENSING REFORMS
to quantify and establish baselines on volume, time, asked to rate each prototype or to provide com- The data analysis resources, and level of effort.24 The data analysis ments for improving the services, tools, or guides revealed inefficiencies beyond the licensing admin- presented. This process of prototyping and testing revealed inefficiencies istrative procedures, extending into interrelated areas proved valuable in two ways. First, by testing and beyond the licensing such as zoning and inspections. For example, the refining the prototypes with end users, the team team found that only 42 percent of new restaurants was able to develop customer-centric services. Sec- administrative passed their first health inspection25—an indication ond, the process helped build trust between the of other shortfalls, such as poorly communicated local government and the businesses. This, in turn, procedures, extending compliance requirements or inconsistent inspection was an important factor in building consensus and support for the project. into interrelated areas criteria. Additionally, the financial costs incurred by businesses extended beyond direct licensing such as zoning and costs. For example, for some licensing activities Roundtables with stakeholders from the public entrepreneurs had to wait for months to obtain an sector, such as subject matter experts and represen- inspections. approval, thus bearing the cost of nonrevenue days tatives and frontline staff from city departments, for their businesses. were also carried out to gain a deeper understanding of specific procedures, build consensus, and brain- The team sought to complement the data analytics storm on redesigning government to business ser- with a better understanding of the private sector’s vice delivery. These deep-dive roundtables were held experience. To that end, the team engaged in “mys- over the course of several months and included rep- tery shopping” assignments by impersonating pro- resentatives from various city departments, includ- spective entrepreneurs seeking to open a business, ing Public Health, Planning and Development, collect the necessary documentation, and apply for Consumer Protection, Fire Safety, and others. The the required authorizations. More importantly, the roundtable discussions with the public sector delved team organized roundtable discussions with private beyond streamlining and simplification, aiming to sector representatives and small business owners help determine a framework for establishing which to bulletproof its findings and gain more insights regulatory areas needed more attention and which into the day-to-day challenges local entrepre- needed less.29 Additionally, the roundtables helped neurs dealt with. These discussions revealed redun- promote buy-in from the various agencies by mak- dant licenses and lack of coordination between the ing them part of the problem-solving process. various departments, as well as some overlaps and Bringing together staff from different departments duplications. For example, instead of obtaining and discussing problems that transcended individ- a single motor vehicle services license, auto shops ual agencies helped break the government silos and had to apply for three separate licenses to work on develop shared goals and holistic solutions. cars, on car engines, and on car tires.26 In addition, the roundtables highlighted the challenges entre- The various approaches employed to assess and preneurs faced when trying to access user-friendly analyze the existing regulatory framework under- guidance on technical compliance standards. For scored the failure of the licensing system to serve example, the city had issued a 100-page guide to its mandated purpose of reducing risks for busi- help restaurant owners comply with regulations; nesses, consumers, and the environment. Licensing however, those in the industry found this impen- was instead being used as an “information tracker” etrable to read.27 As a result, entrepreneurs wasted for the enforcement agencies. Since the regulatory their resources going to several agencies just to system was not designed to differentiate the levels understand the regulations, and in many cases, they of control based on risk considerations, however, were unable to comply due to the fragmented and inspections were not targeted, and inspectors were incomplete guidance they received. overwhelmed by the scope of their work. For exam- ple, more than 1,300 buildings required in excess of Lastly, the team sought the private sector’s feedback three different inspections each year, an overwhelm- to improve prototype guides and tools before roll- ing task for the inspectors and a misallocation of ing them out to the public. For example, the team resources for the inspectorates.30 developed prototype versions of its new website and the streamlined 100-page guide for restaurant In response to these findings, the city set forth an owners.28 Groups of business owners were then ambitious reform agenda with a number of mile- invited to provide their feedback on each proto- stone goals, looking beyond the number of licenses type through various techniques: participants were and into performance For example, it sought to INSIGHTS FROM SELECTED COUNTRY EXPERIENCES 13
Following the in-depth improve compliance rates for health inspections to licensing regime designed based on this framework over 65 percent (for more information see Box 2) established three license categories: review of both regulatory and, to increase impact, to significantly reduce the average time required to open a business in specific • Limited Business Licenses (LBLs), which codes and instruments high-business-density activities. applied to low-risk activities (e.g., retail stores) (i.e., licenses, permits, • Regulated business licenses, which applied Following the in-depth review of both regulatory to moderately regulated industry-specific or other ex-ante codes and instruments (i.e., licenses, permits, or activities (e.g., tattooing, body piercing, and other ex-ante requirements), the team categorized tanning facilities) requirements), the team all business licenses into three tiers, based on type • Specialty licenses for more heavily regulated categorized all business and mandated objective (e.g., consumer protec- activities (e.g., retail sale of liquor, tobacco, tion). This bundling helped differentiate between or animals) licenses into three tiers, more heavily regulated activities (e.g., retail sale of liquor), where a license served a legitimate and spe- The majority of licenses mandated under the old based on type and cific objective, versus more moderately regulated regime were either eliminated or combined based on mandated objective (e.g., activities, where the licensing requirement was not “smart enforcement decisions”: the concept of reduc- always justified. The team was hoping to lower ing enforcement of violations with low public safety consumer protection). redundancy by ensuring that the selected regula- risk and targeting resources toward riskier activities, tory instruments were proportional to the regula- repeat offenders, or more serious violations (e.g., This bundling helped tory control mandated by the code. The reformed consumer fraud). More importantly, a business that differentiate between more heavily regulated activities (e.g., retail BOX 2: PILOT ON FOOD INSPECTION FORECASTING: OPTIMIZING INSPECTIONS WITH ADVANCED ANALYTICS sale of liquor), where a license served a Chicago is home to more than three million people and more than 15,000 food establish- legitimate and specific ments. At the same time, only around 35 inspectors undertake annually inspections of all food retail businesses. To optimize its risk-based inspection regime, the city partnered with objective, versus more the Department of Public Health and the private sector (consulting and insurance groups) in moderately regulated a pilot program to leverage data and build a predictive analytics platform. This platform was intended to aggregate all the data stored in disparate systems, such as food inspection reports, activities, where the complaints received, and weather records, among other resources. licensing requirement The platform has the ability to analyze relationships in the data and to predict which estab- was not always justified. lishments might present risks. In processing and analyzing the data, Chicago found several key predicting variables that, when observed, indicated considerable likelihood that a restau- rant could commit a serious violation. These predicting variables included prior history of serious violations, length of time since the previous inspection, possession of a tobacco and/ or incidental alcohol consumption licenses, average three-day temperature, and establishment location, among others. Following a pilot launch in 2014, Chicago’s analytics team found that inspections could be allocated more efficiently using the data-optimized forecast list than with the list generated by traditional procedures, and inspectors were able to identify serious violations much more quickly. Chicago’s pilot on inspections demonstrates the increasing adaptation of advanced analytics to improve service delivery to the private sector, allocate government resources more efficiently, and deliver better regulatory outcomes for the community, including protection of health and safety. 14 BUSINESS LICENSING REFORMS
previously required a number of separate licenses, one These reforms were complemented by various other The new instrument, for each regulated activity, could now comply with initiatives geared toward small businesses. For various sets of regulations through a single license. example, the city reengineered procedures for issu- named Emerging ing licenses and renewals, introduced fast-track lanes Business Permit (EBP), Additionally, a new form of licensing was introduced for customers with less complex requests, and for newly founded businesses engaging in activities simplified documentation requirements and appli- would be issued with that did not fall within any of the license categories cation forms. Moreover, the city clarified inspection prescribed by the city Code. The new instrument, criteria; implemented strict timelines for concur- a two-year validity. named Emerging Business Permit (EBP), would be rent reviews through a cooperation agreement This was conceived as issued with a two-year validity. This was conceived (e.g., Memorandums of Understanding or Service as a strategy to enable entrepreneurs with innovative Level Agreements) between the various stakeholder a strategy to enable ideas to enter the market fast by avoiding entangle- agencies; and launched an online portal31 with both ment in a prescriptive regulatory regime. As a result, educational material and transactional services. entrepreneurs with innovative business activities that could not be innovative ideas to classified under the existing licensing categories The portal provides information on all regulated would receive a provisional license to commence activities that require a business license. This includes enter the market fast by operations, subject to a two-year “probation.” At information on the fee to obtain each license, the end of the two years, the city would either shut whether entrepreneurs can apply online, if a zoning avoiding entanglement down the new business activity—due to unmitigated review and/or a criminal history review is required, in a prescriptive risks—or incorporate it under one of the existing a list of all the on-site inspections that may take license categories. EBP provided city regulators place, and links to the relevant technical require- regulatory regime. and enforcement agencies with an opportunity to ments with which each business establishment evaluate the risks associated with new activities must comply (see Figure 7). Additionally, the city and the time to develop appropriate regulatory developed an online portal called Chicago Business responses without hindering innovation. Direct32 through which entrepreneurs can apply for FIGURE 7: INFORMATION ENTREPRENEURS CAN ACCESS ON CHICAGO’S BUSINESS LICENSES Source: City of Chicago online platform, available at https://www.chicago.gov/city/en/depts/bacp/sbc/business_licensing.html#Personal. INSIGHTS FROM SELECTED COUNTRY EXPERIENCES 15
More than 6,000 or renew the majority of business licenses, file their no longer require a general business license,34 while tax returns, or make tax payments. Lastly, the city heavily regulated activities can comply through a businesses no longer provides a helpline to the business community to single license instead of obtaining multiple agency- resolve issues relating to business regulations, includ- specific authorizations. Process reengineering and require a general ing tax, licensing, consumer protection, and other form simplification yielded results as well. For business license, while business affairs. End users submit their inquiries to example, the average time required for zoning the Small Business Center over the phone or online reviews dropped from one to two weeks to just heavily regulated through the Chicago Business Direct portal.33 two days, and the previously convoluted 17-page restaurant application was simplified into three activities can comply pages. Lastly, a pilot program implemented for through a single license restaurants revealed encouraging results for com- THE RESULTS pliance, with participating newly founded busi- instead of obtaining nesses passing inspection at a 72 percent rate, a Overall, the new regulatory framework provided a 30 percent increase over the previous regime. All multiple agency-specific more transparent and predictable environment for these initiatives have saved businesses in Chicago authorizations. businesses. The number of license types was reduced an estimated US$2 million in license fees in each by 60 percent from 117 to 49, and entrepreneurs year since implementation of the reform. At the can now save significant time and money when same time, the city deployed its resources more obtaining approvals. More than 6,000 businesses efficiently and improved compliance. 16 BUSINESS LICENSING REFORMS
SINGAPORE DEVELOPING A MULTIAGENCY, CUSTOMER-FOCUSED INFORMATION SYSTEM FOR LICENSES Singapore’s Online Business Licensing Service (OBLS) was one of the first transactional licensing portals. Although Singapore has now migrated to an even more comprehensive portal, known as LicenseOne, this case study illuminates the importance for licensing reform of an appropriate institutional set up when attempting to deliver cross-agency, integrated, government-to-business service delivery. The author relied primarily on the work of Thompson S.H. Teo, Tat Koon Koh, Pelly Periasamy and Siew-Kein Sia for information on the OBLS reform. THE CHALLENGE agencies regulating business registration, use of premises, food hygiene, liquor distribution, fire The licensing regime Singapore is now recognized internationally for safety, and tax collection (Figure 8).36 In short, the licensing regime was agency focused rather than was agency focused its positive scores in various indicators measur- ing the attractiveness of the investment climate. client focused. In some cases, the registration and rather than client Starting a business in Singapore was not always licensing process could take months, particularly easy, however. In the late 1990s, opening a new when licensing arrangements were linked and focused. In some business required filling out multiple forms, approval of one license depended on approval of another.37 cases, the registration interacting with several regulatory agencies, and spending hours in tedious and convoluted pro- and licensing process cedures. The licensing procedures used to be a In 2000, Singapore’s business community spoke particular bottleneck both for new business regis- out against these conditions and communicated could take months, trations and for existing business license renewals. its concerns to the Pro-Enterprise Panel (PEP), a high-level public-private dialogue panel com- particularly when Most business activities fell under the purview of prised of business leaders and senior civil servants. licensing arrangements more than one agency, and as a result, entrepre- PEP in turn raised these concerns with the neurs had to visit multiple departments, spend Committee of Permanent Secretaries (COPS),38 were linked and hours filling out separate applications for each who in turn appointed the Ministry of Trade approval, and in many cases enter the same infor- and Industry (MTI), the Ministry of Finance approval of one license mation repeatedly. For example, starting a public (MoF), and Infocomm Development Authority depended on approval entertainment outlet35 required license applica- (IDA) to deliver a solution. These actors worked tions, payments, and approvals from at least seven closely together to reform the licensing regime of another. 17
FIGURE 8: BEFORE THE OBLS SYSTEM WAS IMPLEMENTED, OBTAINING A LICENSE FOR A PUBLIC ENTERTAINMENT OUTLET IN SINGAPORE REQUIRED SEVERAL INTERACTIONS FOR APPLICATIONS, PAYMENTS, AND APPROVALS AND INVOLVED AT LEAST SEVEN AGENCIES Inland Revenue Authority of Singapore Ministry of Manpower Central Provident Fund (work permits for foreign (registration of employees for manpower) provident contributions) National Environment Agency Singapore Civil Defence Force (food) (fire safety) Singapore Police Force Urban Redevelopment Authority (entertainment permit and Entrepreneur liquor license) (land use) Source: Jeannie Chua, “National Strategies to Harness Information Technology: The e-Transformation Journey of Singapore,” November 2011. and leverage information and communication tech- developed to fill the gap and deliver an integrated nology (ICT) to implement a one-stop-shop solu- registration and licensing portal to the business tion for business registration and licensing in line community. with the government’s “Many agencies—One government vision.”39 The MTI assumed the lead- ing role, while IDA served as project manager and the MoF provided the funds. THE REFORM As part of a strategy of using technology to In the OBLS project, a formal governance struc- enable government transformation, since the 1980s ture was introduced with the COPS at the top, The Online Business Singapore had committed to e-governance reforms providing political leadership and ensuring buy-in to modernize public administration and service from the various stakeholder agencies. A Steering Licensing Service delivery, starting with the five-year National Com- Committee consisting of senior-level representatives (OBLS) project was puterization Plan in 1980 and successive National from key agencies ensured coordination, top-level Infocomm Plans in the following decades. Although vision, and project alignment with the government’s developed to fill the the provision of government services through one- other e-governance programs and strategies. A stop solutions such as TradeNet, LawNet, and Core Project Team consisting of MTI and IDA gap and deliver an MediNet had been part of early efforts to com- representatives took the lead on project manage- integrated registration puterize civil service, many agencies were still ment and oversaw the agency task force, the proj- siloed. Moreover, these systems were principally ect implementation committee, and the central and licensing portal informational in nature rather than being able administrator. The agency task force consisted to the business to provide integrated government services with of staff from the implementing agencies tasked transactional features.40 In response, the Online with process reengineering and integration to the community. Business Licensing Service (OBLS) project was platform. A project implementation committee 18 BUSINESS LICENSING REFORMS
FIGURE 9: GOVERNANCE STRUCTURE FOR THE ONLINE BUSINESS LICENSING SERVICE PROJECT Committee of Permanent Secretary (COPS) OBLS Steering Committee Core Project Team Project Implementation Agency Task Forces Central Administrator Committee Authorized Agency Officers Source: Periasamy and Sia, “Challenges in Delivering Cross-Agency Integrated e-Services: The OBLS Project,” Nanyang Business School, Nanyang Technological University, Singapore (November 2007). provided technical support to the agency task force and the number of agencies involved, among oth- Some licenses were and quality control for each agency’s OBLS imple- ers. The second step involved reviewing the policy mentation. Lastly, a central administrator worked and process for each license. This was performed deemed redundant with officers at each implementing agency to ensure jointly by the Core Project Team and members and were eliminated. that the portal’s content was up to date. of the Agency Task Force (see Box 3 for more details). In other cases, two The project was delivered in three main stages: Among the 156 licenses undergoing the initial com- or more licenses were i. conceptualization prehensive review, several revealed opportunities for combined if the teams ii. policy review and business process streamlining. Some licenses were deemed redundant re-engineering and were eliminated. In other cases, two or more identified overlap or iii. automation licenses were combined if the teams identified over- lap or duplication among them. In still other situa- duplication among At the outset, the agency task force bundled licenses tions the license was converted into a less onerous them. In still other based on sectors. For example, all licenses regulat- instrument (e.g., notification instead of approval). ing activities in the food and beverage industry or In two cases, the licenses were preserved but require- situations the license in childcare and education services were grouped ments for renewal were eliminated. Moreover, seven together. This approach helped prioritize sectors in licenses were converted into composite licenses for was converted into a less which licensing was more complex, thus execut- specific business activities. The composite licenses onerous instrument ing the project more effectively. More importantly, allowed entrepreneurs to obtain one license for mul- this approach was part of a broader buy-in strat- tiple locations, instead of a separate license for each (e.g., notification instead egy targeting high-transaction volume clusters location. Lastly, in some cases substantive conditions and engaging with more technologically mature were made less onerous for applicants required to of approval). agencies early on to accomplish quick wins and obtain a license. convince the less receptive agencies to join later.41 To that end, a number of business-based criteria When the policy review was completed, the were taken into account, such as process complex- Agency Task Force identified potential areas for ity, the number of documents required to apply, streamlining, following a license review model INSIGHTS FROM SELECTED COUNTRY EXPERIENCES 19
of Education. As Ministry staff admitted that they were not always able to review the documentation, BOX 3: THE LICENSING POLICY REVIEW FOR OBLS this requirement added very limited value for the CHALLENGED EVERY ASPECT OF THE EXISTING regulator and was eliminated.42 In other cases, where LICENSING POLICY the license was converted to a notification, docu- mentation requirements were replaced with a self- declaration of compliance. This way, the regulator • What is the rationale for the license? received notice about the new business and could • What are the requirements for obtaining the license? verify compliance through ex-post controls, such • Why were these requirements selected? as an inspection. During the on-site visit, inspec- • How often are these requirements waived and why? tors could then ask the entrepreneur to provide any • What is the fee charged for the license and why? documents and certificates required by regulation. • How often is an application rejected and why? More importantly, the BPR addressed interdepen- • How often are inspections conducted? dency across agencies. Previously, in some cases • How often are violators caught? applicants had to obtain various approvals from • Is there a need to meet the applicant in person, and if yes, what is the other agencies before submitting a license applica- purpose of the meeting? tion. Prior approvals often resulted in significant delays and unpredictable outcomes. These interde- Source: Periasamy and Sia. pendencies were addressed through the introduction of a common reference number (unique business identifier), which allowed concurrent reviews. Agencies evaluating an application for compliance with its specific regulations could do so in parallel More importantly, developed by the Core Project Team. The model with other authorities. The common reference num- guided the respective licensing review activities in ber allowed agencies to check on prior approvals the BPR addressed each agency vis-à-vis both the substantive licensing by other agencies as well as to retrieve information interdependency across conditions and the procedures for application and relevant to their scope of work. renewal. First, the task force members in each agency agencies. Previously, in reviewed the substantive requirements to ensure that Design and implementation of the OBLS portal some cases applicants these aligned with the stated policy objective; they commenced while the process reengineering work then removed overly prescriptive requirements and was underway at the agency level. Representa- had to obtain various developed positive and negative lists for licensing tives from the agencies liaised with the Project approvals from other conditions. Second, the review delved into a com- Implementation Committee to provide feedback prehensive mapping, rethinking, and redesigning of on the reengineering activities and to make sure agencies before licensing procedures through business process reengi- their in-house information systems aligned with submitting a license neering (BPR). This involved comprehensive review the OBLS systems. This was important to permit of administrative formalities, such as the procedures real-time data exchange and automated process- application. Prior for application renewal, termination, documentation ing. One challenge at this stage was that the vari- approvals often resulted requirements, levels of approval, and fees. Addition- ous agencies were at different levels of maturity ally, at this point the review delved into institutional and automation. This is a unique feature in multi in significant delays and issues such as the degree of integration and informa- agency projects, and it increases the complexity and unpredictable outcomes. tion sharing between the various agencies. standardization during project implementation.43 For example, in some cases agencies had neither the These interdependencies For example, in some cases the applicants were front-end interfaces for their users to use in apply- were addressed through repeatedly asked to provide the same information ing for licenses nor the back-end systems needed to to several different agencies. Improving information process applications.44 To fill this gap, where auto- the introduction of sharing across agencies and leveraging existing data- mated back-end procedures were not in place, the bases that had previously captured this information OBLS developers created an application called the a common reference drastically streamlined application forms. Similarly, business administrative tool (BAT). In other cases, number (unique business supporting documentation and other administrative where the agencies had already developed high- requirements found to be excessive were rational- end, well-integrated technology solutions, migra- identifier), which allowed tion to the OBLS platform was more challenging, ized. For example, private schools were being asked concurrent reviews. to provide a detailed course syllabus to the Ministry as in most cases this entailed discontinuing the 20 BUSINESS LICENSING REFORMS
You can also read