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IDB support for STR in Jamaica (2008 – 12). Context: STR initiative is part of “Jamaica Competitiveness Enhancement Program” to improve business climate Initiatives include: Tax policy and tax administration reform Divestment of State Owned Enterprises SME access to finance

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Idb support for str in jamaica 2008 12
IDB support for STR in Jamaica (2008 – 12)

  • Context: STR initiative is part of “Jamaica Competitiveness Enhancement Program” to improve business climate

    • Initiatives include:

      • Tax policy and tax administration reform

      • Divestment of State Owned Enterprises

      • SME access to finance

        • Secured Transactions Reforms

        • Credit bureaus

        • Mobile banking

      • Reduction in business costs through expedited land titling

  • Modality: Sequence of four Policy Based Loan operations

    • Program targets (conditionality) for STR (and all other initiatives) based on diagnostic of country specific problems, best international practice tempered by feasibility of reforms in Jamaica.

Prior diagnostic study 2005 06
Prior Diagnostic Study (2005/06)

  • Multi-sector “Private Sector Assessment”

  • In financial sector found that:

    • Domestic Credit low - around 20% of GDP

    • Laws governing collateral are outdated:

      • They require lawyers to draw up individual instruments and examine the law to ascertain what is permissible

      • Banks rarely lend to sole proprietors (vast majority of Jamaica Businesses)

4 pbls sequence of str targets
4 PBLs: Sequence of STR Targets

  • 1st loan (2008): Time-bound action plan to build consensus

  • 2nd loan (2010): ST position paper submitted to Cabinet & Cabinet approval of “concept of reforming laws… and commencement on reform process”

  • 3rd loan (2011): Consultations w/ stakeholders & STR law drafting instructions approved by Cabinet

  • 4th loan (2012): STR law and implementing regs. in effect -- Central Registry fully operational.

Parallel technical cooperation consultation tailored briefing papers
Parallel Technical Cooperation:Consultation & Tailored briefing papers

  • “Private Sector Assessment”: dissemination & public dialogue (2006/07)

  • “Legal diagnostic & action plan” (2007)

  • “Implementing STR in Jamaica: Issues and Policy Options” (2008)

  • STR stakeholder workshop (early 2009)

  • Cabinet briefing papers & further stakeholder consultation (2009/10)

  • Preparation of Discussion Bill (2010)

  • Close collaboration during legislative process & Registry design & startup (2011 – 12)

  • Continuous support from PIOJ & Bank country office

Political support resistance
Political Support & Resistance

  • Main Champion: Minister and PS - Ministry of Industry Investment and Commerce

    • Also support from Minister of Finance and PIOJ

  • Resistance from CPC, Registrar General, & MoF Fin. Institutions Unit

    • CPC resents outsourcing of legal drafting

    • Registrar General worried about losing current Bill of Sale and Company Charge registration fees.

    • MoF worried about consequential amendments

Different approaches to ta
Different Approaches to TA

  • IFC (incomplete listing)

    • Well developed Toolkit adaptable to countries worldwide

    • Strong in-house STR practice group w/ dedicated funding

    • Teams ready to work with countries on implementation

  • IDB

    • Permanent in-country presence & dialogue at all levels w/ counterparts

    • Tailored advice & program design, based on in-depth, country-specific diagnostics

    • PBL (and parallel TA) is very useful tool in raising profile & providing incentives

    • Synergies of packaging STR w/ other reforms

Peru case a brief review

Peru Case: A Brief Review

Basic Approach: Three Policy Based Loan Operations supported by Technical Assistance

1999: 1st Operation: Consensus building workshops

2000/03: Internalization process: Book published, MEF white paper, SBS trans cost study

2003/07: 2nd Operation: ST law in effect & Moveable Property registry nominally functioning

Quasi legal registry instead of notice registry – applications frequently denied on legalistic formality

Unnecessary but mandated use of notary public services

Law permits, but regulations deny, pledging of future assets (goods not yet in possession of borrower)

Law does not allow preference for creditors financing new equipment vs. those financing inventory or the fixed assets to which the equipment is attached

Lack of norms for repossessing collateral in the event of default.

2008/09: Further diagnostic work and consensus building on shortcomings of first STR law

2010/12: 3rd Operation:

- Reform of the legal framework to correct errors and shortcomings of the first law and regulations

- Improvement of the Registry to convert it to a true notice registry.