FUNDING
Contributions received in FY11 from the following donors and clients are gratefully acknowledged:
Direct contributions to FIAS trust funds (core donors are in bold):18 Austria European Commission France Ireland Kauffman Foundation Korea Luxembourg the Netherlands Norway Sweden Switzerland
the United Kingdom
the United States
17 Annual contributions from IFC, MIGA, and the World Bank are treated in the same manner as core donor funds and are co-mingled with other donor funds in the FIAS Master Trust Fund account, as terms and conditions allow. Contributions from the IFC Investment Climate Business Line are treated as an additional source of project-specific funding.
18 The FIAS program received financial contributions in FY08–10 from other donor countries including Australia, Iceland, Italy, and New Zealand to
Contributions for FIAS projects received via IFC’s
Technical Assistance Trust Funds (TATF) program:
Japan Spain Client contributions: Asia-Pacific Economic Cooperation Denmark Mexico Poland
Core and Programmatic Funding
In FY11, FIAS donors, clients, and the World Bank Group contributed a total of $32.1 million (net of trust fund administration fees of $1.2 million) to the various FIAS trust funds, supporting the implementation of a broad-based investment climate reform program under the FIAS umbrella (see details in Tables 1 and 2). This amount is roughly equal to the total contributions received for FIAS in FY10 ($32.7 million) and reflects the strong and continued com- mitment by donors to support investment climate reform at the global level, despite severe budget constraints
FINANCIAL RESULTS AND
experienced by many donor partners due to the global financial crisis.
World Bank Group core contributions totaled $8.3 million in FY11, including $4.0 million from IFC, $2.7 million from MIGA, and $1.6 million from the World Bank. Core contributions received from donors amounted to $4.6 million in FY11 (significantly down from $6.7 million in FY10). These contributions include an alloca- tion of $1.5 million from the Netherlands earmarked for activities in IDA countries. Overall, the amount of core funding for FIAS dropped from $18.3 million in FY08 to $12.8 million in FY11, a significant decrease which seriously limited the flexibility of the FIAS program over the FY08–11 strategy cycle.
Programmatic contributions from donors, made available through thematic and regional FIAS Trust Funds, totaled $7.4 million in FY11, slightly down from donor contribu- tions of $8.6, $8.8, and $7.5 million in FY08, FY09, and FY10, respectively.
Project-Specific Funding
Reduced levels of core and programmatic contributions were offset in FY11 by increased project-specific contribu- tions received from clients, donors, and the World Bank Group including the World Bank Group’s Trade Facilitation Facility and Gender Action Plan. Project-specific contribu- tions from IFC, donor partners, and clients amounted to $11.3 million in FY11, including $8.2 million from donors, $0.3 million from clients, and $2.8 million from IFC’s Investment Climate Business Line.
Client contributions received from four clients ($0.3 mil- lion) were significantly down from contributions received from clients in FY09 and FY10 ($1.1 million and $1.8 million, respectively). The potential to generate significant cash contributions from clients remains modest given the high concentration of FIAS activities in IDA as well as fragile and conflict-affected countries.
Project-specific contributions from donors remained con- sistent at $8.3 million in FY11 and $8.8 million in FY10, reflecting strong donor interest in client-facing investment climate reform interventions and an ongoing trend among some donors to decentralize their aid budgets to the field. Project specific contributions from IFC, received in the form of project-specific FMTAAS allocations,19 amounted
to $1.9 million in FY11. These allocations primarily supported a range of global knowledge management and product design and development initiatives implemented under the FIAS umbrella. In addition, the Investment Climate Department received IFC Advisory Service contingency funds in the amount of $0.9 million to finance FIAS-related advisory and technical assistance activities (see Table 2). Other contributions from IFC, amounting to $1.7 million in FY11, supported non-project activities including portfolio management, monitoring and evalua- tion, and knowledge sharing associated with the global portfolio implemented under the FIAS umbrella.
Contributions Outside FIAS’ Regular Financial
Structure
A range of indirect contributions for FIAS-related advisory activities were made available to the Investment Climate Department via non-FIAS specific funding mechanisms and are listed in Table 3. These contributions include project- specific financial support from Japan and Spain, made available via the IFC’s Technical Assistance Trust Funds (TATF) program (a total of $1.0 million).
Moreover, a range of World Bank and IFC regional advisory services units helped leverage FIAS-funded activi- ties through “cross support,” a mechanism under which Bank or IFC units cover the costs of Investment Climate Department staff working on investment climate projects managed by these units. The level of cross-support
19 FMTAAS is IFC’s Funding Mechanism for Technical Assistance and Advisory Services.
received throughout FY11 from World Bank and IFC units and related to FIAS-funded activities amounted to approximately $3.0 million. Funding from TATF, World Bank supplemental budget allocations, and cross-support are managed outside the regular FIAS trust fund structure and thus are not included in Table 1.
Shift Away from Core to Project-Specific
Contributions
The composition of funding for FIAS has changed signifi- cantly over the past two to three years and is negatively affecting the degree of flexibility the program has to respond quickly to new demands for investment climate reform support. FIAS core funding has been steadily shrink- ing from $18.3 million in FY08 to $12.8 million in FY11. On the other hand, project-specific funding has increased from $9.4 million in FY08 to $11.3 million in FY11. The shift towards project-specific funding is even more dramatic if funding components managed outside the Investment Climate Department are taken into account (in particular TATF funding and cross-support from Bank and IFC units). As a result, the FIAS program is increasingly driven by specific project activities for which donors are willing to provide funding, and less by overall client needs and a global strategic investment climate reform agenda. Also, core funding is typically used to fund the knowledge management and learning agenda under FIAS, as well as new, innovative approaches and products that are under development. Given the ongoing scarcity of core funds, there is a risk that such activities will have to be scaled back significantly over the coming years.
In-Kind Support Via Staff Exchanges and
Secondments
The FIAS program has continued to benefit from in-kind resources that several donors have made available in the form of secondees and staff exchanges. Throughout the year, senior staff members from Agence Francaise de Developpement (AfD), the United Kingdom’s Department for International Development, the Italian Ministry of Foreign Affairs, the Korean Ministry of Knowledge Economy, the Norwegian Ministry of Foreign Affairs, and the Spanish Institute for Foreign Trade have been sec- onded to the Investment Climate Department where they
have been working on FIAS-funded activities. In return, one Investment Climate Department staff member was on a long-term assignment with AfD. Such staff exchanges and secondments offer an attractive way for FIAS partners to be directly involved in the program and establish direct connections between their respective private sector development programs and FIAS.
USE OF FUNDS
FIAS trust fund expenditures for investment climate reform activities reached $30.3 million in FY11, an increase of 10 percent over FY10 expenditures of $27.6 million (Table 1, Uses of Funds). The increase in FY11 expendi- tures is due in large part to expenditures associated with the additional contingency funding received from IFC ($0.9 million) and a conscious effort to use earmarked donor funds to the fullest extent possible to close the FIAS FY08–11 funding cycle. As a result, staff and consultant costs as well as travel costs increased, whereas indirect costs (infrastructure, office space, rent) remained relatively flat.
Administration fees are collected by IFC to cover trust fund administration costs and are deducted from donor contributions at the time of receipt. In FY11 IFC collected trust fund administration fees of $1.2 million from FIAS donor contributions.20
At the end of FY11, fund balances in the various FIAS trust funds totaling $18.4 million21 were carried over into FY12.
This amount is relatively large as it includes $8.0 million of core funds and about $10.4 million of program- and project-specific funds received under multi-year donor agreements. In line with prudent financial management principles, FIAS resources are strategically managed to avoid liquidity and cash-flow issues as experienced at the beginning of the FY08–11operational cycle. In this context, the transition into the new FIAS FY12–16 strategy cycle presents specific challenges which required the carry-over of core funds to ensure FIAS operations into FY12.
20 FIAS trust funds established after July 1, 2009 are subject to the standard IFC trust fund administration fee of 5 percent. Since most of FIAS trust funds were established prior to July 2009, a 3.5 percent trust fund administration fee applies. Trust fund administration fees collected by IFC are included in Table 1, Sources of Funds for FY08–11.
Project-related expenditures (both direct and indirect) accounted for 88 percent of total FIAS expenditures and general and administration expenditures (rent, communica- tions, equipment, and other non-overhead costs such as administrative and back-office support staff) accounted for 12 percent of total expenditures (see Table 4). In July 2010 IFC introduced a new cost allocation methodology for Advisory Services which resulted in a re-distribution
between direct and indirect project costs. Due to this change, some figures in Table 4 are not consistent with figures reported in FIAS Annual Reports/Reviews for FY08–10. Although general and administration expen- ditures are not affected by this change in methodology, FY08–10 general and administration expenditures are restated to exclude trust fund administration fees previously reported as expenditures.
TABLE 1: SOURCES AND USES OF FUNDS 1 — In US$ Thousands
FY08 FY09 FY10 FY11
SOURCES OF FUNDS
WORLD BANK GROUP CORE CONTRIBUTIONS
IFC 2 8,000 2,000 2,000 4,000
IBRD 2,000 1,600 1,600 1,600
MIGA 4,000 3,500 3,000 2,700
Subtotal World Bank Group Core Contributions 14,000 7,100 6,600 8,300
WORLD BANK GROUP PROJECT-SPECIFIC AND OTHER CONTRIBUTIONS
IFC IC Business Line—Project-Specific 3,800 2,672 1,862 1,915
IFC IC Business Line—Administration — — — 1,687
IFC Advisory Services Contingency — — — 880
IFC Global Fund — 150 400 —
SUBTOTAL WORLD BANK GROUP CONTRIBUTIONS 17,800 9,922 8,862 12,782
CORE DONOR CONTRIBUTIONS
Australia 800 676 1,502 — Austria 368 373 355 331 France — 1,281 1,403 — Iceland 45 — — — Ireland 735 — — — Italy — 1,414 — — Luxembourg 273 539 — 829
Netherlands (Global Program) 3 559 2,350 1,950 1,550
New Zealand 399 276 384 —
Norway 475 475 475 1,138
Sweden 406 285 345 396
Switzerland 250 240 — —
United Kingdom — 494 332 309
Subtotal Core Donor Contributions 4,310 8,401 6,746 4,552
PROGRAMMATIC DONOR CONTRIBUTIONS
Austria (Investment Generation) 2,571 2,608 2,489 2,287
Austria (Crisis Response) 280 307 —
Luxembourg (Crisis Response) — 750 — 263
Netherlands (Trade Logistics) 503 400 400 —
Netherlands (Secured Lending) — 450 — 600
Norway (Business Entry) — — 154 428
Norway (Trade Logistics) 300 340 150 500
Ireland (Africa) 735 — 724 531
Italy (Africa) 508 — — —
Sweden (Africa) 628 630 1,122 —
Switzerland (Secured Lending) — 500 400 400
Switzerland (Tax) — 500 300 200
Switzerland (Western Balkans) 820 600 600 500
United Kingdom (Western Balkans) 497 440 — —
United Kingdom (Tax) 1,426 183 96 —
United States (Doing Business) 632 1,150 724 1,704
Subtotal Programmatic Donor Contributions 8,620 8,830 7,466 7,413
DONOR CONTRIBUTIONS (PROJECT SPECIFIC) 4 5,525 4,436 8,868 8,267
TOTAL DONOR CONTRIBUTIONS 18,455 21,667 23,080 20,231
TOTAL WORLD BANK GROUP AND DONOR CONTRIBUTIONS 36,255 31,589 31,941 33,013
CLIENT CONTRIBUTIONS 129 1,093 1,830 283
TABLE 1: SOURCES AND USES OF FUNDS — In US$ Thousands (continued)
FY08 FY09 FY10 FY11
USES OF FUNDS STAFF COSTS
Staff 9,961 11,636 11,181 13,128
Consultants and Temporaries 9,322 10,268 7,634 8,101
Total Staff Costs 19,283 21,905 18,815 21,229
TRAVEL 6,217 6,488 5,229 5,678
INDIRECT COSTS
Office Occupancy 683 1,071 1,018 1,073
Office Equipment 116 53 57 47
Other Operating Costs 214 863 242 528
Other Costs 108 1,693 2,256 1,718
Total Indirect Costs 1,122 3,681 3,573 3,366
TOTAL USES OF FUNDS 26,622 32,073 27,616 30,273
1 FIAS Annual Review is prepared as a reporting tool for FIAS Donors and Management, utilizing management accounting principles. 2 IFC contribution of $4.0 milllion per annum, front-loaded as follows: FY08: $4.0 million; FY09: $2.0 million.
3 The Netherlands’ core contributions are earmarked for activities in IDA countries. 4 For details of FY11 project specific contributions, see Table 2.
5 Administration fees collected by IFC to cover cost of trust fund administration.
TOTAL FIAS FY11 DONOR CONTRIBUTIONS
Percentage of FY11 Source of Funding—(Gross) Receiptsa CORE CONTRIBUTIONS
■ World Bank Group Core Contributions [25% of Total]
■ Core Donor Contributions [14% of Total] PROGRAMMATIC CONTRIBUTIONS
■Programmatic Donor Contributions [22% of Total]
CLIENT CONTRIBUTIONS
■ Client Contributions [1% of Total]
PROJECT SPECIFIC DONOR CONTRIBUTIONS
■ Project Specific Donor Contributions [38% of Total]
100% = $33,296,000 a. Includes Administration fees of $1,212,000
TABLE 2: PROJECT-SPECIFIC DONOR AND CLIENT CONTRIBUTIONS — In US$ Thousands
PROJECT DONOR1 AMOUNT
WORLD BANK GROUP CONTRIBUTIONS (IFC IC BUSINESS LINE AND IFC AS CONTINGENCY)
Crisis Response (Insolvency) IFC IC BL 392
Impact Measurement IFC IC BL 224
Agribusiness IFC IC BL 200
Trade Logistics IFC IC BL 199
Doing Business Reform Advisory in Conflict-Affected Countries IFC IC BL 191
Green Investment Climate IFC IC BL 140
Public-Private Dialogue IFC IC BL 116
Tax Haven, Transfer Pricing IFC IC BL 106
Subnational Doing Business IFC IC BL 101
Tourism IFC IC BL 97
Donor Committee for Enterprise Development IFC IC BL 70
Tax Transparency IFC IC BL 49
Business Regulation Deep Dive IFC IC BL 30
Advisory Services Tax Transparency IFC AS Contingency 500
Investing Across Borders IFC AS Contingency 280
Central Asia: Investment Services /Advisory Services Investment Climate Agribusiness Tax IFC AS Contingency 100
Subtotal World Bank Group Contributions 2,795
DONOR CONTRIBUTIONS
Kenya: Investment Climate Program (formerly, Regulatory Performance/Capacity Building) European Commission 2,353
Global Investment Promotion Benchmarking (GIPB) European Commission 1,461
Subnational Doing Business in Russia European Commission 259
OHADA Business Law Reform Program France 1,324
Entrepreneurship Project Kauffman Foundation 32
Low Carbon Green Economic Zones Korea 300
Kenya: Investment Climate Program (formerly, Regulatory Performance/Capacity Building) Netherlands 676
Regulatory Reform Netherlands 86
Agribusiness USAID 483
Impact and Knowledge Management USAID 154
Mali Investment Climate Program USAID 676
Subnational Doing Business (Sao Tome) U.S. Treasury 63
Alternative Dispute Resolution (ADR) Gender Action Plan
(multidonor Trust Fund) 50
Developing/Building Trade Logistics Trade Facilitation Facility
(multidonor Trust Fund) 350
Subtotal Donor Contributions 8,267
CLIENT CONTRIBUTIONS
Investing Across Borders Asia-Pacific Economic Cooperation 120
Regulatory Reform Review Denmark 32
Doing Business Reform Mexico 105
Doing Business Reform Poland 26
Subtotal Client Contributions 283
TOTAL FY11 PROJECT–SPECIFIC DONOR AND CLIENT CONTRIBUTIONS 11,345
TABLE 3: OTHER FUNDING – INDIRECT SUPPORT TO FIAS PROGRAM — In US$ Thousands
OTHER FUNDING – INDIRECT SUPPORT TO FIAS PROGRAM DONOR AMOUNT
PROJECT-SPECIFIC FUNDING – IFC TECHNICAL ASSISTANCE PROGRAM
Commercial Mediation Product Development and Knowledge Management Japan 385
Global Investment Promotion Benchmarking Spain 226
Global Trade Logistics Advisory Program Spain 206
Public-Private Dialogue Product Development and Knowledge Management Spain 220
TOTAL FY11 OTHER FUNDING 1,038
TABLE 4: EXPENDITURES BY ADVISORY SERVICES ACTIVITY
STANDARD ACTIVITY EXPENDITURES 4 ACTUAL FY08 ACTUAL% FY08 ACTUAL FY09 ACTUAL% FY09 ACTUALFY10 ACTUAL % FY10 ACTUAL FY11 ACTUAL% FY11 PROJECT-RELATED EXPENDITURES
Direct Project Expenditures 1 17,620,579 66% 21,993,742 69% 18,988,606 69% 19,057,472 63% Indirect Project Expenditures 2 4,117,228 15% 3,734,697 12% 3,322,980 12% 7,679,623 25% TOTAL PROJECT-RELATED EXPENDITURES 21,737,807 82% 25,728,439 80% 22,311,586 81% 26,737,095 88% GENERAL & ADMINISTRATION COSTS 3 4,883,706 18% 6,344,667 20% 5,304,256 19% 3,535,986 12% TOTAL STANDARD ADVISORY SERVICES
ACTIVITY EXPENDITURES 26,621,513 100% 32,073,106 100% 27,615,842 100% 30,273,081 100%
1 Direct Project Expenditures include project preparation, implementation, and supervision costs.
2 Indirect Project Expenditures include program management and operational support, including new business development, product development, monitoring and evaluation, knowledge sharing and staff development, donor relations, and public relations previously reported separately and consolidated under the new IFC cost allocation methodology introduced in July 2010.
3 General & Administration includes overheads (rent, communications, equipment, etc.) and other non-overhead costs such as administrative and back-office support staff. 4 Due to a change in IFC’s cost allocation methodology, some figures in Table 4 are not consistent with figures reported in FIAS Annual Reports/Reviews, FY08–10. The new cost allocation methodology redistributes expenditures between direct and indirect project costs. Although General & Administration expenditures are not affected by the change in the cost allocation methodology, FY08–10 G&A expenditures are restated to exclude trust fund administration fees previously reported as expenditures. FY08–11 trust fund administration fees are reported as a reduction to receipts in Table 1: Sources and Uses of Funds.
TOTAL FIAS FY11 EXPENDITURES
Percent of Total FIAS FY11 Expenditures
PROJECT-RELATED EXPENDITURES Direct Project Expenditures
■ Client-Facing [47% of Total]
■ Non-Client-Facing [16% of Total] Indirect Project Expenditures
■Indirect Project Expenditures [25% of Total]
GENERAL & ADMINISTRATION EXPENDITURES
■ General & Administration Expenditures [12% of Total]
100% = $30,273,081
TOTAL FIAS FY11 PROJECT IMPLEMENTATION EXPENDITURES
Percent of FIAS FY11 Direct Project Expenditures
■ 50% IDA
■ 24% Non-IDA
■26% Knowledge Management/Product Development
ANNEX 1: REFORMS AND RESULTS
SUPPORTED BY FIAS IN FY11
The following tables summarize the reforms and results supported by the FIAS program in FY11 across the various investment climate topics. They are summarized by type of reform or result and include a brief description of the achievements. The results that have contributed to a particular reform are shaded together with the reform in the same background color.
COUNTRY TOPIC REFORM DESCRIPTION RESULT INDICATOR RESULT DESCRIPTION
RESULT TYPE (National/
Subnational) REFORM RESUL
T
AFRICA REGION Access to
finance On December 13 and 14, 2010, the Organization for the Harmonization of Business Law in Africa (OHADA) amended the Uniform Act on Secured Transactions. The amended Act was published in the of- ficial gazette on February 15, 2011 and entered into force on May 15, 2011. The revised Act on Secured Transactions allows for the creation of possessory and non- possessory security interests on all types of movable property, present and future, and guarantees all kinds of obligations (future, conditional, monetary, or non-monetary). In addition, it harmonizes the legal frame- work of mechanisms such as the “gage” (Art. 92 to Art.124) and the “nantisse- ment” (Art. 125 to Art. 179). Furthermore, new types of security interests such as the “nantissement de compte de titre financiers” and the “cession de créances à titre de garantie” were introduced in the revised version of the Act. The amended Act also simplifies and establishes a gen- eral publicity regime for security interests on movable property (Art. 52 to Art. 66). Finally, the amendments also allow out-of- court enforcement of security interests on some movable property (Art. 104).
Enactment of new/ revised secured lending legislation
OHADA’s member states adopted in December 2010 two amended laws and three new regulations for the moderniza- tion of the registries for companies and secured transactions, which will signifi- cantly improve the legal and institutional framework for private sector activities in the 16 countries. The law includes acceptance of a much wider range of as- sets as collateral, such as future movable goods including accounts receivable, cash flow, and equipment.
National 1 1
Starting a business
On December 15, 2010, the OHADA Council of Ministers amended the Uniform Act on General Commercial Law. The Uniform Act was published in the OHADA official journal on February 15, 2011 and took effect on May 16, 2011. According to Article 45 of the General Commercial Law, entrepreneurs are required to provide a sworn declaration stating that they have not committed any crime and are not subject to any restriction on carrying out commercial activities (Article 10 of the Uniform Act on General Commercial Law). They are required to obtain copies of their criminal records within 75 days after incor- poration of their companies. In addition, the amendments created a new business category, “entreprenant,” that will simplify procedures for micro and small business owners by allowing them to register a busi- ness without hiring a lawyer.
Enactment of new/ revised business entry related legislation
OHADA’s Council of Ministers adopted the revised OHADA General Commercial Law in December 2010. The law creates a new business cat- egory, “entreprenant,” which will simplify procedures for micro and small business owners who cannot afford to hire law- yers to register their businesses.
National 1 1
COUNTRY TOPIC REFORM DESCRIPTION RESULT INDICATOR RESULT DESCRIPTION
RESULT TYPE (National/
Subnational) REFORM RESUL
T
BENIN Enforcing
contracts Enactment of new/revised civil
procedural rules
In October 2011 the Parliament adopted the new civil, commercial, administrative, and social procedure code, which is expected to reduce the time for contract enforcement. The code is expected to reduce the length of proceedings (by limiting the number of hearing postpone- ments), facilitate case filing, and acceler-