Kiribati Economy Profile - Doing Business 2019
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Doing Business 2019 Kiribati Economy Profile of Kiribati Doing Business 2019 Indicators (in order of appearance in the document) Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safety mechanisms in the construction permitting system Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and the transparency of tariffs Registering property Procedures, time and cost to transfer a property and the quality of the land administration system Getting credit Movable collateral laws and credit information systems Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as post-filing processes Trading across borders Time and cost to export the product of comparative advantage and import auto parts Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework for insolvency Labor market regulation Flexibility in employment regulation and aspects of job quality Page 2
Doing Business 2019 Kiribati About Doing Business The Doing Business project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational and regional level. The Doing Business project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their life cycle. Doing Business captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation for starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. Doing Business also measures features of labor market regulation. Although Doing Business does not present rankings of economies on the labor market regulation indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it does present the data for these indicators. By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, Doing Business encourages economies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sector researchers and others interested in the business climate of each economy. In addition, Doing Business offers detailed subnational reports, which exhaustively cover business regulation and reform in different cities and regions within a nation. These reports provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selected cities can compare their business regulations with other cities in the economy or region and with the 190 economies that Doing Business has ranked. The first Doing Business report, published in 2003, covered 5 indicator sets and 133 economies. This year’s report covers 11 indicator sets and 190 economies. Most indicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013 (Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where Doing Business also collected data for the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited from feedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving the regulatory environment for business around the world. More about Doing Business (PDF, 5MB) Page 3
Doing Business 2019 Kiribati Ease of Doing Business in DB 2019 Rank Region East Asia & Pacific 190 1 Kiribati Income Category Lower middle income 158 DB 2019 Ease of doing business score Population 116,398 0 100 City Covered Tarawa 49.07 DB 2019 Ease of Doing Business Score 0 100 63.41: Regional Average (East Asia & Pacific) 59.17: Solomon Islands (Rank: 115) 55.59: Palau (Rank: 133) 51.62: Marshall Islands (Rank: 150) 49.07: Kiribati (Rank: 158) 48.99: Micronesia, Fed. Sts. (Rank: 160) Note: The ease of doing business score captures the gap of each economy from the best regulatory performance observed on each of the indicators across all economies in the Doing Business sample since 2005. An economy’s ease of doing business score is reflected on a scale from 0 to 100, where 0 represents the lowest and 100 represents the best performance. The ease of doing business ranking ranges from 1 to 190. Rankings on Doing Business topics - Kiribati 1 28 55 82 Rank 96 109 117 120 125 131 136 149 149 163 170 172 168 190 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Ease of Doing Business Score on Doing Business topics - Kiribati 100 78.20 80 71.42 65.73 62.08 Score 60 53.39 49.13 46.67 44.05 40 20.00 20 0.00 0 Starting Dealing Getting Registering Getting Protecting Paying Trading Enforcing Resolving a with Electricity Property Credit Minority Taxes across Contracts Insolvency Business Construction Investors Borders Permits Page 4
Doing Business 2019 Kiribati Starting a Business This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up and formally operate in each economy’s largest business city. To make the data comparable across 190 economies, Doing Business uses a standardized business that is 100% domestically owned, has start-up capital equivalent to 10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement of operations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that one company is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally start and formally operate To make the data comparable across economies, several assumptions about the a company (number) business and the procedures are used. It is assumed that any required information is readily available and that the entrepreneur will pay no bribes. • Preregistration (for example, name verification or reservation, notarization) The business: • Registration in the economy’s largest business - Is a limited liability company (or its legal equivalent). If there is more than one type city of limited liability company in the economy, the most common among domestic firms • Postregistration (for example, social security is chosen. Information on the most common form is obtained from incorporation registration, company seal) lawyers or the statistical office. - Operates in the economy’s largest business city. For 11 economies the data are • Obtaining approval from spouse to start a business or to leave the home to register the also collected for the second largest business city. company - The entire office space is approximately 929 square meters (10,000 square feet). - Is 100% domestically owned and has five owners, none of whom is a legal entity; • Obtaining any gender specific document for has a start-up capital of 10 times income per capita and has a turnover of at least company registration and operation or national 100 times income per capita. identification card - Performs general industrial or commercial activities, such as the production or sale of goods or services to the public. The business does not perform foreign trade Time required to complete each procedure activities and does not handle products subject to a special tax regime, for example, (calendar days) liquor or tobacco. It does not use heavily polluting production processes. • Does not include time spent gathering - Leases the commercial plant or offices and is not a proprietor of real estate and the information amount of the annual lease for the office space is equivalent to the income per capita. • Each procedure starts on a separate day (2 procedures cannot start on the same day) - Does not qualify for investment incentives or any special benefits. - Has at least 10 and up to 50 employees one month after the commencement of • Procedures fully completed online are recorded operations, all of whom are domestic nationals. as ½ day - Has a company deed that is 10 pages long. • Procedure is considered completed once final document is received The owners: • No prior contact with officials - Have reached the legal age of majority. If there is no legal age of majority, they are assumed to be 30 years old. Cost required to complete each procedure (% of - Are sane, competent, in good health and have no criminal record. income per capita) - Are married and the marriage is monogamous and registered with the authorities. - Where the answer differs according to the legal system applicable to the woman or • Official costs only, no bribes man in question (as may be the case in economies where there is legal plurality), the • No professional fees unless services required by answer used will be the one that applies to the majority of the population. law or commonly used in practice Paid-in minimum capital (% of income per capita) • Funds deposited in a bank or with third party before registration or up to 3 months after incorporation Page 5
Doing Business 2019 Kiribati Starting a Business - Kiribati Standardized Company Legal form Private Limited Liability Company Paid-in minimum capital requirement AUD 500 City Covered Tarawa Indicator Kiribati East Asia & OECD high Best Regulatory Pacific income Performance Procedure – Men (number) 7 6.8 4.9 1 (New Zealand) Time – Men (days) 31 25.9 9.3 0.5 (New Zealand) Cost – Men (% of income per capita) 36.1 17.8 3.1 0.0 (Slovenia) Procedure – Women (number) 7 6.9 4.9 1 (New Zealand) Time – Women (days) 31 26.0 9.3 0.5 (New Zealand) Cost – Women (% of income per capita) 36.1 17.8 3.1 0.0 (Slovenia) Paid-in min. capital (% of income per capita) 12.9 4.0 8.6 0.0 (117 Economies) Figure – Starting a Business in Kiribati and comparator economies – Ranking and Score DB 2019 Starting a Business Score 0 100 88.64: Marshall Islands (Rank: 75) 85.52: Solomon Islands (Rank: 98) 83.29: Regional Average (East Asia & Pacific) 81.95: Palau (Rank: 129) 78.20: Kiribati (Rank: 149) 69.56: Micronesia, Fed. Sts. (Rank: 170) Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average of the scores for each of the component indicators. Page 6
Doing Business 2019 Kiribati Figure – Starting a Business in Kiribati – Procedure, Time and Cost Time (days) Cost (% of income per capita) 30 30 Cost (% of income per capita) 25 25 20 20 Time (days) 15 15 10 10 5 5 0 0 1 2 3 4 5 6 7 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 7
Doing Business 2019 Kiribati Details – Starting a Business in Kiribati – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Deposit the legally required capital in a bank and obtain deposit evidence 1 day no charge Agency : Bank New companies must deposit share capital in a bank and obtain the receipt of deposit. There are only two Banks: ANZ Bank (Kiribati) Ltd and Development Bank of Kiribati where the procedure can be performed. 2 Check the uniqueness of the proposed company name 1 day no charge Agency : Ministry of Commerce, Industry and Cooperatives Searches of business names are done manually by the Companies Office. The Companies Ordinance (s14 (10)) prescribes the forms of application for approval and reservation of a business name. 3 Register the company with the Registrar’s Office 11 days on average AUD 50 for name Agency : Companies Office (Ministry of Commerce, Industry and Cooperatives) reservation + AUD 50 The prescribed forms of registration and fees are part of the Companies Act. These forms for approval of can be obtained from the Registrar. The cost is UD$ 50 for lodging particulars of the company name + company and AUD$ 50 for the issuance of the certificate of incorporation, as well as, incorporation fee actual incorporation fee assessed based on share capital. The incorporation fee is assessed by the calculated pursuant to section 9 of the Companies Act, according to the following Registrar based on formula: share capital (see • Upon the first $10,000 of the authorized share capital a fee of $3.00 per $100 of such share (subject to a minimum fee of $250), and procedure comments) • Upon the next $40,000 of share capital, a fee of $2.00 per $100, and • Upon any residue of such share capital, a fee of $0.50 cents per $100. Provide the maximum fee for a company incorporated before the 1st April 1981 shall be $500. For a company with start up share capital of AUD 25,645 per Doing Business case study, the incorporation fee would be AUD 613 (AUD 300 for the first $10,000 and AUD 313 for subsequent 15,645). As such, in total the company would pay AUD 713. 4 Register for taxes 2 days on average no charge Agency : Ministry for Finance and Economic Planning Under the Income Tax Act, companies operating locally must register for taxes. 5 Register with the Kiribati Provident Fund (KPF) 1 day no charge Agency : Kiribati Provident Fund (KPF) Companies are required to register with KPF to avoid duplication of numbers given to each applicant. 6 Apply for a business license from the relevant licensing authority 11 days on average AUD 100-600 Agency : Betio Town Council The Company must apply for a business license from the relevant licensing authority (e.g., a council) in each jurisdiction in which business activities are carried out. The license is renewable annually. A retail business license must be obtained from the local government. The application process takes about a day and about 1 – 2 weeks to obtain the actual license. Three people will be visiting the business location (the Betio Town Council Clerk, the Mayor and the Vice Major. In addition to the cost of the license, an executive fee of AUD 90 is charged (AUD 30 per person). 7 Make a company seal 4 days on average AUD 25-30 Agency : Sealmaker Although doing so is not compulsory, companies customarily make a company seal by ordering it from a manufacturer in Australia or another Pacific country. No authorization is required to make a seal. Takes place simultaneously with previous procedure. Page 8
Doing Business 2019 Kiribati Dealing with Construction Permits This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications, requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the building quality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professional certification requirements. The most recent round of data collection was completed in May 2018. See the methodology for more information What the indicators measure Case study assumptions Procedures to legally build a warehouse To make the data comparable across economies, several assumptions about the (number) construction company, the warehouse project and the utility connections are used. • Submitting all relevant documents and obtaining The construction company (BuildCo): all necessary clearances, licenses, permits and certificates - Is a limited liability company (or its legal equivalent) and operates in the economy’s largest business city. For 11 economies the data are also collected for the second • Submitting all required notifications and receiving largest business city. all necessary inspections - Is 100% domestically and privately owned; has five owners, none of whom is a • Obtaining utility connections for water and legal entity. Has a licensed architect and a licensed engineer, both registered with sewerage the local association of architects or engineers. BuildCo is not assumed to have any • Registering and selling the warehouse after its other employees who are technical or licensed experts, such as geological or completion topographical experts. - Owns the land on which the warehouse will be built and will sell the warehouse Time required to complete each procedure upon its completion. (calendar days) The warehouse: • Does not include time spent gathering information - Will be used for general storage activities, such as storage of books or stationery. - Will have two stories, both above ground, with a total constructed area of • Each procedure starts on a separate day— approximately 1,300.6 square meters (14,000 square feet). Each floor will be 3 though procedures that can be fully completed meters (9 feet, 10 inches) high and will be located on a land plot of approximately online are an exception to this rule 929 square meters (10,000 square feet) that is 100% owned by BuildCo, and the • Procedure is considered completed once final warehouse is valued at 50 times income per capita. document is received - Will have complete architectural and technical plans prepared by a licensed architect. If preparation of the plans requires such steps as obtaining further • No prior contact with officials documentation or getting prior approvals from external agencies, these are counted Cost required to complete each procedure (% of as procedures. income per capita) - Will take 30 weeks to construct (excluding all delays due to administrative and regulatory requirements). • Official costs only, no bribes The water and sewerage connections: Building quality control index (0-15) - Will be 150 meters (492 feet) from the existing water source and sewer tap. If there • Quality of building regulations (0-2) is no water delivery infrastructure in the economy, a borehole will be dug. If there is • Quality control before construction (0-1) no sewerage infrastructure, a septic tank in the smallest size available will be installed or built. • Quality control during construction (0-3) - Will have an average water use of 662 liters (175 gallons) a day and an average • Quality control after construction (0-3) wastewater flow of 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day and a peak wastewater flow of 1,136 liters (300 • Liability and insurance regimes (0-2) gallons) a day. • Professional certifications (0-4) - Will have a constant level of water demand and wastewater flow throughout the year; will be 1 inch in diameter for the water connection and 4 inches in diameter for the sewerage connection. Page 9
Doing Business 2019 Kiribati Dealing with Construction Permits - Kiribati Standardized Warehouse Estimated value of warehouse AUD 194,268.40 City Covered Tarawa Indicator Kiribati East Asia & OECD high Best Regulatory Pacific income Performance Procedures (number) 15 15.1 12.7 None in 2017/18 Time (days) 150 133.5 153.1 None in 2017/18 Cost (% of warehouse value) 0.3 1.9 1.5 None in 2017/18 Building quality control index (0-15) 6.0 9.1 11.5 15.0 (3 Economies) Figure – Dealing with Construction Permits in Kiribati and comparator economies – Ranking and Score DB 2019 Dealing with Construction Permits Score 0 100 73.60: Solomon Islands (Rank: 53) 71.23: Marshall Islands (Rank: 73) 70.71: Regional Average (East Asia & Pacific) 68.38: Palau (Rank: 95) 65.73: Kiribati (Rank: 117) 61.05: Micronesia, Fed. Sts. (Rank: 137) Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scores are the simple average of the scores for each of the component indicators. Figure – Dealing with Construction Permits in Kiribati – Procedure, Time and Cost Time (days) Cost (% of warehouse value) 0.3 140 0.25 Cost (% of warehouse value) 120 100 0.2 Time (days) 80 0.15 60 0.1 40 0.05 20 0 0 1 2 3 4 *5 *6 *7 *8 9 10 11 12 13 14 15 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 10
Doing Business 2019 Kiribati Figure – Dealing with Construction Permits in Kiribati and comparator economies – Measure of Quality 15 Index score 10 9.1 8.0 7.0 6.0 5 1.0 0.0 0 Kiribati Marshall Islands Micronesia, Fed. Sts. Palau Solomon Islands East Asia & Pacific Details – Dealing with Construction Permits in Kiribati – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Apply for land use sublease at the Land Management Department 1 day no charge Agency : Land Management Department Land in South Tarawa is leased to the government for 90 years. The type of warehouse featured in the Doing Business case study is most likely to be built in South Tarawa's Betio, Bikenibeu, or Bairiki areas, where land must be subleased from the government. BuildCo writes an expression of interest for a sublease to the Land Management Department (LMD) at the Ministry of Environment, Land and Agriculture Development (MELAD). LMD will then inspect the site and determine any constraints and opportunities for land use. 2 Receive inspection from the Land Management Department 1 day no charge Agency : Land Management Department The application form outlines all requirements for the submission of construction plans. 3 Request and obtain approval from the Public Utility Board (PUB) 7 days AUD 1 Agency : Public Utility Board BuildCo must submit the site plan and location to PUB so it can visit the site and confirm that there is no danger to underground electricity cables and water pipes and the plot is safe to excavate. PUB must then stamp BuildCo's building permit application. 4 Obtain land use sublease approval from the Sublease Advisory Allocation 90 days no charge Committee (SAAC) Agency : Sublease Advisory Allocation Committee The Sublease Advisory Allocation Committee (SAAC) must approve the sublease. Meetings of SAAC are chaired by the Secretary of MELAD and are supposed to take place once a month. Once approved by SAAC, the request is submitted to the Cabinet of Ministers for approval. The final document is then signed by the Minister. 5 Request and obtain environmental license 15 days AUD 10 Agency : Environment and Conservation Department According to the Environmental Act 2007, BuildCo must obtain an environmental license to determine whether its activities will have an environmental impact. BuildCo must complete an environment license application form and file it, along with the site plan, zoning certificate, and proof of ownership, with the Environment and Conservation Department (ECD) of MELAD. ECD will prepare a report and determine whether a full Environmental Impact Assessment (EIA) is required. However, the type of warehouse featured in the Doing Business case study would most likely not require a full EIA. 6 Request approval from the Public Works Department 1 day no charge Agency : Public Works Department BuildCo must submit the following documents: • Site plan • Building layout plan • Building views • Building sectional views • Building details (such as footing, doors and windows) • Plumbing • Elevation The application must be accompanied by plans certified by a qualified engineer. In practice, the same architects or engineers who prepare the plans are also responsible for approving them. The plans are returned with a list of building conditions. Several departments will be approving the plans. Since the plans are completed by an employee at the Public Work Department, approval of the plans does not take a long time. Also, it is done in parallel with obtaining all the other clearances, as there is no need to provide those clearances to the Ministry to obtain the approval of the plans. Page 11
Doing Business 2019 Kiribati 7 Receive inspection from the Public Works Department before construction 1 day no charge begins Agency : Public Works Department According to the Environmental Act, the Environment Minister’s consent is required for all commercial developments. The application must be accompanied by the environmental impact assessment. The time to obtain the consent varies from weeks to several months. 8 Obtain approval from the Public Works Department 14 days no charge Agency : Public Works Department 9 Request and receive approval from the Local Land Planning Board and pay 30 days AUD 486 the building permit fee Agency : Local Land Planning Board The Local Land Planning Board reviews all submitted documents and assesses whether: • The site is free for development • The development is in line with a detailed land use plan • All clearances from relevant authorities have been collected The Board is supposed to meet once a month. Another possibility is to call an immediate meeting, which means that BuildCo must pay for the time and transportation of all 18 members of the Board. The normal cost is 0.25% of the project value. 10 Receive site setout inspection from the Public Works Department 1 day no charge Agency : Public Works Department According to the Second Schedule of the Building Act 2006, there are four phased at which any building must be inspected and work cannot proceed further if each inspection does not take place. 11 Receive completion of the structural framework and before the placement 1 day no charge of any internal lining inspection Agency : Public Works Department 12 Receive completion of water supply piping, waste lines, septic tanks and 1 day no charge soakways and electrical conduits prior to concealment inspection Agency : Public Works Department 13 Receive completion of placement of form work, and placement of steel 1 day no charge reinforcing Agency : Ministry of Public Works According to Schedule II of the Building Act 2006, an inspection for the completion of placement of form work, and placement of steel reinforcing must be conducted prior to continuation of work 14 Receive final inspection and obtain certificate of occupancy 7 days no charge Agency : Public Works Department According to Article 12 of the Building Act, after a construction is completed, the owner must request a certificate of occupancy. 15 Request and obtain water and sewage connection from Public Works 10 days AUD 30 Department Agency : Public Works Department As there is no sewage system, a septic tank is installed. Takes place simultaneously with previous procedure. Page 12
Doing Business 2019 Kiribati Details – Dealing with Construction Permits in Kiribati – Measure of Quality Answer Score Building quality control index (0-15) 6.0 Quality of building regulations index (0-2) 1.5 How accessible are building laws and regulations in your economy? (0-1) Free of charge; 0.5 Not easily accessible. Which requirements for obtaining a building permit are clearly specified in the building List of required 1.0 regulations or on any accessible website, brochure or pamphlet? (0-1) documents; Fees to be paid; Required preapprovals; Available only on request. Quality control before construction index (0-1) 1.0 Which third-party entities are required by law to verify that the building plans are in Licensed 1.0 compliance with existing building regulations? (0-1) architect; Licensed engineer. Quality control during construction index (0-3) 1.0 What types of inspections (if any) are required by law to be carried out during construction? Inspections at 1.0 (0-2) various phases. Do legally mandated inspections occur in practice during construction? (0-1) Mandatory 0.0 inspections are not always done in practice during construction; Mandatory inspections are done most of the time during construction. Quality control after construction index (0-3) 2.0 Is there a final inspection required by law to verify that the building was built in accordance Yes, final 2.0 with the approved plans and regulations? (0-2) inspection is done by government agency. Do legally mandated final inspections occur in practice? (0-1) Final inspection 0.0 does not always occur in practice; Final inspection occurs most of the time. Liability and insurance regimes index (0-2) 0.5 Which parties (if any) are held liable by law for structural flaws or problems in the building Construction 0.5 once it is in use (Latent Defect Liability or Decennial Liability)? (0-1) company; Owner or investor. Which parties (if any) are required by law to obtain an insurance policy to cover possible No party is 0.0 structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance required by law or Decennial Insurance)? (0-1) to obtain insurance . Professional certifications index (0-4) 0.0 What are the qualification requirements for the professional responsible for verifying that the University degree 0.0 architectural plans or drawings are in compliance with existing building regulations? (0-2) in architecture or engineering. Page 13
Doing Business 2019 Kiribati What are the qualification requirements for the professional who supervises the construction University degree 0.0 on the ground? (0-2) in engineering, construction or construction management. Page 14
Doing Business 2019 Kiribati Getting Electricity This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally, the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to obtain an electricity connection To make the data comparable across economies, several assumptions about the (number) warehouse, the electricity connection and the monthly consumption are used. • Submitting all relevant documents and obtaining The warehouse: all necessary clearances and permits - Is owned by a local entrepreneur and is used for storage of goods. • Completing all required notifications and - Is located in the economy’s largest business city. For 11 economies the data are receiving all necessary inspections also collected for the second largest business city. • Obtaining external installation works and possibly - Is located in an area where similar warehouses are typically located and is in an purchasing material for these works area with no physical constraints. For example, the property is not near a railway. - Is a new construction and is being connected to electricity for the first time. • Concluding any necessary supply contract and obtaining final supply - Has two stories with a total surface area of approximately 1,300.6 square meters (14,000 square feet). The plot of land on which it is built is 929 square meters Time required to complete each procedure (10,000 square feet). (calendar days) The electricity connection: • Is at least 1 calendar day - Is a permanent one with a three-phase, four-wire Y connection with a subscribed • Each procedure starts on a separate day capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 • Does not include time spent gathering kilowatt (kW). information - Has a length of 150 meters. The connection is to either the low- or medium-voltage distribution network and is either overhead or underground, whichever is more • Reflects the time spent in practice, with little common in the area where the warehouse is located and requires works that involve follow-up and no prior contact with officials the crossing of a 10-meter road (such as by excavation or overhead lines) but are all Cost required to complete each procedure (% of carried out on public land. There is no crossing of other owners’ private property income per capita) because the warehouse has access to a road. - Does not require work to install the internal wiring of the warehouse. This has • Official costs only, no bribes already been completed up to and including the customer’s service panel or • Value added tax excluded switchboard and the meter base. The reliability of supply and transparency of The monthly consumption: tariffs index (0-8) - It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 • Duration and frequency of power outages (0–3) p.m. (8 hours a day), with equipment utilized at 80% of capacity on average and that • Tools to monitor power outages (0–1) there are no electricity cuts (assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours (kWh); hourly consumption is 112 kWh. • Tools to restore power supply (0–1) - If multiple electricity suppliers exist, the warehouse is served by the cheapest • Regulatory monitoring of utilities’ performance supplier. (0–1) - Tariffs effective in January of the current year are used for calculation of the price of electricity for the warehouse. Although January has 31 days, for calculation • Financial deterrents limiting outages (0–1) purposes only 30 days are used. • Transparency and accessibility of tariffs (0–1) Price of electricity (cents per kilowatt-hour)* • Price based on monthly bill for commercial warehouse in case study *Note: Doing Business measures the price of electricity, but it is not included in the ease of doing business score nor the ranking on the ease of getting electricity. Page 15
Doing Business 2019 Kiribati Getting Electricity - Kiribati Standardized Connection Price of electricity (US cents per kWh) 39.4 Name of utility Public Utilities Board City Covered Tarawa Indicator Kiribati East Asia & OECD high Best Regulatory Pacific income Performance Procedures (number) 6 4.3 4.5 3 (25 Economies) Time (days) 97 65.0 77.2 18 (3 Economies) Cost (% of income per capita) 3196.1 625.1 64.2 0.0 (3 Economies) Reliability of supply and transparency of tariff 0 4.0 7.5 8.0 (27 Economies) index (0-8) Figure – Getting Electricity in Kiribati and comparator economies – Ranking and Score DB 2019 Getting Electricity Score 0 100 75.06: Regional Average (East Asia & Pacific) 72.58: Solomon Islands (Rank: 92) 64.49: Micronesia, Fed. Sts. (Rank: 117) 59.47: Marshall Islands (Rank: 132) 54.83: Palau (Rank: 149) 44.05: Kiribati (Rank: 170) Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of the scores for all the component indicators except the price of electricity. Page 16
Doing Business 2019 Kiribati Figure – Getting Electricity in Kiribati – Procedure, Time and Cost Time (days) Cost (% of income per capita) 3500 3000 Cost (% of income per capita) 80 2500 Time (days) 60 2000 40 1500 1000 20 500 0 0 1 2 *3 4 5 6 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Figure – Getting Electricity in Kiribati and comparator economies – Measure of Quality 8 7 6 Index score 5 4.0 4 3 3 2 1 0 0 0 0 0 Kiribati Marshall Islands Micronesia, Fed. Sts. Palau Solomon Islands East Asia & Pacific Page 17
Doing Business 2019 Kiribati Details – Getting Electricity in Kiribati – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Submit application to Public Utilities Board and await approval 16 calendar days AUD 1,500 Agency : Public Utilities Board Either an electrician doing the internal wiring or an applicant (Business owner) submits an application for a connection. The applicant may have to submit the application before construction work for the building starts. The application should include details of the wiring schedules, details of circuits, main switch board and sub switchboards, details of circuit breakers and their outgoing circuits and other information relevant for the supply. Credentials of Electrical Supervisor (person who is in charge of electrical wiring) would be also required when submitting the application. Where a substation site selected by the applicant and the utility agrees to its location remote from the street alignment boundary, the cost of all the utility high and medium voltage within the site may be charged to the owner of the premises. There is no practice of signing a supply contract. Once electricity is flowing a customer is paying a fixed fee for consumption and there is no need to sign a supply contract. 2 Await purchase of substation and accessories by contractor 30 calendar days AUD 0 Agency : Electrical Contractor In case installation of a transformer is required either the customer and his electrical contractor or the utility can order the transformer with the specifications given by the PUB. 3 Obtain excavation permit 19 calendar days AUD 679 Agency : Ministry of Works for Public Roads and at High Way Authority To excavate the road first an electrician collects a form at the Ministry of Communication Transport & Tourism Development. The electrician will complete the form providing the location where the excavation will be done. The Highway Authority at the Ministry of Communications, Transport and Tourism Development will authorize the work. Meetings to look into excavation permit applications happen only when there are 20 applications for a new connection. The applicant can schedule a special meeting, for a fee to issue his excavation permit. Several other agencies must sign on the excavation permit (Water, Electricity, Telecom and Police department). This form must be deposited at the Ministry of Works with a map of the exact work. An engineer will do a site visit to determine what kind of works are involved. In addition, a police approval is required to temporarily close the road as well as a police presence to control traffic flow during the trench digging and filling. 4 Await completion of external works by Public Utilities Board 45 calendar days AUD 122,000 Agency : Public Utilities Board If a transformer is required then by law PUB are required to supply such equipment. They must also provide cabling, meters and other equipment that may be required to connect the power. However, in practice the customer provides the necessary material. The applicant’s contractor is responsible for the work from the transformer to the warehouse. 5 Await inspection of external works and internal wiring 3 calendar days AUD 0 Agency : Public Utilities Board At the completion of the work, the completion form (filled by the electrician or Supervisor) is submitted to the utility. Before a connection to supply is made, all equipment shall be capable of complying to the tests set out in AS/NZS 3000 and furthermore the installation shall satisfy to AS/NZS 30007:2007: The contractor should forward the results of these tests to the utility. Only basic tests of the internal wiring are performed by the utility. The basic test includes a visual inspection and overall insulation resistance etc, using basic equipment. 6 Obtain meter installation by Public Utilities Board and then electricity flow 3 calendar days AUD 0 Agency : Public Utilities Board The meter is installed after the inspection. A meter is installed by the utility at a time convenient for the applicant. After receiving a notification that the building is ready to be hooked up and test results for the building are given to the utility. In the utility there is a separate unit which deals only with final electricity connections. The electricity starts flowing immediately provided that everything is in order. Takes place simultaneously with previous procedure. Page 18
Doing Business 2019 Kiribati Details – Getting Electricity in Kiribati – Measure of Quality Answer Reliability of supply and transparency of tariff index (0-8) 0 Total duration and frequency of outages per customer a year (0-3) 0 System average interruption duration index (SAIDI) .. System average interruption frequency index (SAIFI) .. What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI N/A Mechanisms for monitoring outages (0-1) 0 Does the distribution utility use automated tools to monitor outages? No Mechanisms for restoring service (0-1) 0 Does the distribution utility use automated tools to restore service? No Regulatory monitoring (0-1) 0 Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of No supply? Financial deterrents aimed at limiting outages (0-1) 1 Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages Yes exceed a certain cap? Communication of tariffs and tariff changes (0-1) 0 Are effective tariffs available online? No Link to the website, if available online n.a Are customers notified of a change in tariff ahead of the billing cycle? No Note: If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index. If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index. If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index. Page 19
Doing Business 2019 Kiribati Registering Property This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The quality of land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal access to property rights. The most recent round of data collection for the project was completed in May 2018. See the methodology for more information. What the indicators measure Case study assumptions Procedures to legally transfer title on To make the data comparable across economies, several assumptions about the immovable property (number) parties to the transaction, the property and the procedures are used. • Preregistration procedures (for example, The parties (buyer and seller): checking for liens, notarizing sales agreement, paying property transfer taxes) - Are limited liability companies (or the legal equivalent). - Are located in the periurban area of the economy’s largest business city. For 11 • Registration procedures in the economy's largest economies the data are also collected for the second largest business city. business city. - Are 100% domestically and privately owned. • Postregistration procedures (for example, filling - Have 50 employees each, all of whom are nationals. title with municipality) - Perform general commercial activities. Time required to complete each procedure The property (fully owned by the seller): (calendar days) - Has a value of 50 times income per capita, which equals the sale price. • Does not include time spent gathering - Is fully owned by the seller. information - Has no mortgages attached and has been under the same ownership for the past • Each procedure starts on a separate day - 10 years. though procedures that can be fully completed - Is registered in the land registry or cadastre, or both, and is free of title disputes. online are an exception to this rule - Is located in a periurban commercial zone, and no rezoning is required. - Consists of land and a building. The land area is 557.4 square meters (6,000 • Procedure is considered completed once final square feet). A two-story warehouse of 929 square meters (10,000 square feet) is document is received located on the land. The warehouse is 10 years old, is in good condition, has no • No prior contact with officials heating system and complies with all safety standards, building codes and legal requirements. The property, consisting of land and building, will be transferred in its Cost required to complete each procedure (% of entirety. property value) - Will not be subject to renovations or additional construction following the purchase. • Official costs only (such as administrative fees, - Has no trees, natural water sources, natural reserves or historical monuments of duties and taxes). any kind. - Will not be used for special purposes, and no special permits, such as for • Value Added Tax, Capital Gains Tax and illicit residential use, industrial plants, waste storage or certain types of agricultural payments are excluded activities, are required. - Has no occupants, and no other party holds a legal interest in it. Quality of land administration index (0-30) • Reliability of infrastructure index (0-8) • Transparency of information index (0–6) • Geographic coverage index (0–8) • Land dispute resolution index (0–8) • Equal access to property rights index (-2–0) Page 20
Doing Business 2019 Kiribati Registering Property - Kiribati Indicator Kiribati East Asia & OECD high Best Regulatory Pacific income Performance Procedures (number) 5 5.4 4.7 1 (4 Economies) Time (days) 513 72.6 20.1 1 (New Zealand) Cost (% of property value) 0.0 4.5 4.2 0.0 (Saudi Arabia) Quality of the land administration index (0-30) 9.0 16.3 23.0 None in 2017/18 Figure – Registering Property in Kiribati and comparator economies – Ranking and Score DB 2019 Registering Property Score 0 100 75.16: Palau (Rank: 43) 57.56: Regional Average (East Asia & Pacific) 49.13: Kiribati (Rank: 149) 47.38: Solomon Islands (Rank: 154) 0.00: Micronesia, Fed. Sts. (Rank: 187) 0.00: Marshall Islands (Rank: 187) Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average of the scores for each of the component indicators. Figure – Registering Property in Kiribati – Procedure, Time and Cost Time (days) Cost (% of property value) 0.025 500 Cost (% of property value) 0.02 400 Time (days) 300 0.015 200 0.01 100 0.005 0 0 1 2 3 4 5 Procedures (number) * This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure. Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows the time for women. For more information on methodology, see the Doing Business website (http://doingbusiness.org/en/methodology ). For details on the procedures reflected here, see the summary below. Page 21
Doing Business 2019 Kiribati Figure – Registering Property in Kiribati and comparator economies – Measure of Quality 30 25 Index score 20 16.3 15 12.5 11.0 10 9.0 5 0 No Practice No Practice Kiribati Marshall Islands Micronesia, Fed. Sts. Palau Solomon Islands East Asia & Pacific Details – Registering Property in Kiribati – Procedure, Time and Cost No. Procedures Time to Complete Associated Costs 1 Acquire proof of previous ownership at the Land Information Department 1 day no charge Agency : Land Information Department (Ministry of Environment, Land and Agriculture Development) The buyer will search the title to see if the seller is the rightful owner of this property. 2 Property is surveyed and any changes made on the property are recorded 31 days AUD 30 Agency : Survey and Mapping Technical Department If the land is freehold, and was not rented to the government, this formality of sub-leasing from the government is not necessary. But in the case of sub-leased land, then this land is given back to the government and then it is sub-leased again to the new owner. In this case, the applicant has to lodge an application with the Land Plannning Department within Land Management Division and fill out the required form and follow the procedure stated in the form. Then the Sublease Allocation Advisory Committee (SAAC) will have to go through the application and decide. Then submitted for Cabinet's final approval and return to Land Manangement Division for final actions. 3 Both parties appear at the Magistrate Court to endorse the transfer 115 days AUD 8; (AUD 3 the Agency : Magistrates' Court court summon + AUD There is a waiting period between each phase of the process: the application is filed, the 5 the land boundary) decision is made, appeals are allowed, then final review of the case, and finally the name of the new owner is inscribed. 4 Magistrate court reviews case to endorse transfer 365 days no charge Agency : Magistrates' Court If after the wait period there were no appeals to the transfer then there is a final review of the case and the transfer is endorsed. There are still a lot of land disputes in Kiribati as land belongs to families rather than an individual. If all owners have not agreed and sign on the sale agreement, then disputes will arise. Land disputes are varied but in general, most fall into two main categories, being either a registration of land, claiming an interest in the land from an ancestor (ownership) or a boundary determination dispute. Often, after these proceedings have been finalized, and a judgment given, the dispute may continue as a result of either a party entitled to be summoned, not being summoned to the original proceedings to be heard on the question of ownership, a party arguing that there was no entitlement for another party to have the land registered in their name or to be heard, or simply that the boundary outlined by the Magistrate was inconsistent with the original boundary. 5 Magistrate Court issues a certificate of ownership 1 day AUD 5 Agency : Land Information Department (Ministry of Environment, Land and Agriculture Development) The Magistrates' Court provides court minutes and updates of the new registered owners after the final decisions made by the Magistrates. Then the Land Management Division updates the Kiribati Land Information & Management System by entering the information about the new registered landowner and issues the certificate of ownership. Takes place simultaneously with previous procedure. Page 22
Doing Business 2019 Kiribati Details – Registering Property in Kiribati – Measure of Quality Answer Score Reliability of infrastructure index (0-8) 2.0 What is the institution in charge of immovable property registration? Land Management Division In what format are the majority of title or deed records kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions No 0.0 and the like)? Institution in charge of the plans showing legal boundaries in the largest business city: Survey and Mapping Technical Department In what format are the majority of maps of land plots kept in the largest business city—in a Paper 0.0 paper format or in a computerized format (scanned or fully digital)? Is there an electronic database for recording boundaries, checking plans and providing No 0.0 cadastral information (geographic information system)? Is the information recorded by the immovable property registration agency and the cadastral Different 1.0 or mapping agency kept in a single database, in different but linked databases or in separate databases but databases? linked Do the immovable property registration agency and cadastral or mapping agency use the Yes 1.0 same identification number for properties? Transparency of information index (0–6) 0.0 Who is able to obtain information on land ownership at the agency in charge of immovable Only 0.0 property registration in the largest business city? intermediaries and interested parties Is the list of documents that are required to complete any type of property transaction made Yes, in person 0.0 publicly available–and if so, how? Link for online access: Is the applicable fee schedule for any property transaction at the agency in charge of Yes, in person 0.0 immovable property registration in the largest business city made publicly available–and if so, how? Link for online access: Does the agency in charge of immovable property registration commit to delivering a legally No 0.0 binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the agency in charge of immovable property registration? Contact information: Are there publicly available official statistics tracking the number of transactions at the No 0.0 immovable property registration agency? Number of property transfers in the largest business city in 2017: Who is able to consult maps of land plots in the largest business city? Only 0.0 intermediaries and interested parties Is the applicable fee schedule for accessing maps of land plots made publicly available— Yes, in person 0.0 and if so, how? Link for online access: Page 23
Doing Business 2019 Kiribati Does the cadastral or mapping agency commit to delivering an updated map within a No 0.0 specific time frame—and if so, how does it communicate the service standard? Link for online access: Is there a specific and separate mechanism for filing complaints about a problem that No 0.0 occurred at the cadastral or mapping agency? Contact information: Geographic coverage index (0–8) 2.0 Are all privately held land plots in the economy formally registered at the immovable property No 0.0 registry? Are all privately held land plots in the largest business city formally registered at the Yes 2.0 immovable property registry? Are all privately held land plots in the economy mapped? No 0.0 Are all privately held land plots in the largest business city mapped? No 0.0 Land dispute resolution index (0–8) 6.0 Does the law require that all property sale transactions be registered at the immovable Yes 1.5 property registry to make them opposable to third parties? Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5 Is there a specific compensation mechanism to cover for losses incurred by parties who No 0.0 engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? Does the legal system require a control of legality of the documents necessary for a property Yes 0.5 transaction (e.g., checking the compliance of contracts with requirements of the law)? If yes, who is responsible for checking the legality of the documents? Registrar; Does the legal system require verification of the identity of the parties to a property Yes 0.5 transaction? If yes, who is responsible for verifying the identity of the parties? Registrar; Is there a national database to verify the accuracy of identity documents? No 0.0 For a standard land dispute between two local businesses over tenure rights of a property Kiribati worth 50 times gross national income (GNI) per capita and located in the largest business Magistrates' city, what court would be in charge of the case in the first instance? Court How long does it take on average to obtain a decision from the first-instance court for such a Less than a year 3.0 case (without appeal)? Are there any statistics on the number of land disputes in the first instance? No 0.0 Number of land disputes in the largest business city in 2017: Equal access to property rights index (-2–0) -1.0 Do unmarried men and unmarried women have equal ownership rights to property? Yes Do married men and married women have equal ownership rights to property? No -1.0 Page 24
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