The evolution of the Peruvian economy

Peru has long since been the quietest of the emerging South American powerhouses. Without an eccentric leader or an upcoming World Cup, it has quietly developed into a modern and efficient democracy

Nestled between the cold waters of the Pacific, the foothills of the northern Andes and the southern seat of the Amazon, lies the country of Peru. With less than 30 million inhabitants, it is one of the smaller South American nations. But over the past decade, Lima has been diligently reforming its structures, emerging as both a fast-growing economy and a desirable business centre.

Merely 20 years ago, Peru was virtually a failed state. After years of protectionism, price controls, expropriation of foreign companies and restrictions on foreign direct investment, the country was plagued with hyperinflation. The economy was in turmoil and Maoist guerrillas like the Shinning Path (Sendero Luminoso) brutalised the population on a regular basis. But after 1990, the government worked diligently to reverse restrictive policies, and to contain the terrorising guerrillas.

The country has experienced a fruitful economic boom over the last decade. It also managed to capitalise on its fast growth and transform it into long-term sustainable development through intelligent and moderate legislation. Though there is still ample opportunity for growth, particularly in the building and tourism industries, many foreign companies are turning to Peru as a safe and desirable investment. In fact, as the IMF busies itself slashing the growth forecasts for almost every other country, it has raised Peru’s growth prospect to six percent this year, miles ahead of the 1.5 percent growth predicted for Brazil, the region’s biggest economy.

Attorneys at Marroquín and Merino law firm have been observing developments on their home turf with cautious enthusiasm. The company is a boutique law centre, catering exclusively to international corporations of the Fortune 500 variety and to high-net-worth families in Peru and other parts of Latin America. Victor Marroquín, a Partner at the firm, believes that while Peru has managed to sustain phenomenal growth for a long period of time, it is still a nation in flux, and some of the old enemies, like terrorism and civil unrest, are never far from the surface. But Peru is full of potential, and if anything the decades of hardship have yielded an unparalleled preparedness for tough times and crisis. There is little doubt that Peru will continue to grow; the only question is how fast it will happen. Victor Marroquín, Partner at the company, spoke to World Finance about regulation and investment.

How do you feel the Peruvian economy has benefited from recent regulatory changes?
Immensely. For a long time now, Peru has resisted the temptation to over-regulate that is so typical of fast-growing economies. Instead, it has streamlined old regulations to make them more efficient and enacted new statutes in areas where regulation did not exist before, or was deficient. Clear examples are Peru’s very modern financial and insurance regulations, as well as the significant progress made in consumer protection and tax legislation.

What other changes do you think should be made in future?
Peru’s bankruptcy system is the country’s regulatory Achilles heel. It needs emergency repairs. There is only one Bankruptcy Commission made up of four members that deals with all restructurings and liquidations. The result is grave regulatory inefficiency and public distrust. As an example, if one needs to file a civil or commercial lawsuit there are over 80 civil courts in Lima, the capital, alone. Cases are assigned to any one of these courts by random computer lottery. Thus, forum shopping is restricted.

Conversely, if one has a bankruptcy case, it always goes to the same Bankruptcy Commission with the same four individual members, who have not been renewed for many years. Peru’s Bankruptcy Commission at INDECOPI is part of the Executive Branch, so debtors and creditors waste precious time, sometimes even years, trying a case before the Bankruptcy Commission, only to appeal it all over again to the Peruvian judiciary at several levels of review. This needs to change. A developed economy cannot afford to have an inefficient bankruptcy system.

Why is Peru an appealing destination for international investors?
The country’s economy is growing faster than almost all other Latin American countries. While Peru is still a small market with a population of only 30 million people, purchasing power has increased considerably in the last 10 years. A new middle class is being formed that spurs demand for goods and services, many of them imported. Additionally, there is a construction boom most visible in Lima that creates new opportunities for many types of new businesses, from decorator houses to construction crane importers and lessors. And we cannot ignore the role that Peruvian gastronomy is playing in attracting many tourists from all over the world. Peru’s hospitality industry is still in its infancy; anyone building a good hotel in Peru these days is bound to receive an excellent return on his investment.

Have you altered your operations and the way you deal with clients since the global financial crisis began?
Yes. We have tried to adapt our services and legal products to new, pressing client needs and timetables. We also have helped our clients by developing a very efficient corporate compliance service, which is tailored to each client’s specific needs. This service is much appreciated by our foreign clients.

How have recent mergers and acquisitions (M&A) trends affected your business?
There has been a marked increase in the number and quality of M&As in Peru, and this has led to new business for our firm. The number of countries from which investments originate also has increased. This has been very positive for the Peruvian M&A market.

Do you think 2013 will present as much business as 2012 for your firm?
I do, but at the same time I am very much concerned with the growing trend of political unrest that is returning to Peru rather quickly. In the 1990s, the Fujimori administration captured all terrorist leaders and pacified the country. That’s when the wave of new foreign investment began. Just 12 years later, at the beginning of October 2012, we have medical doctors and public school teachers on national strikes that are lasting weeks, and terrorists have just destroyed three helicopters belonging to the company that exploits the Camisea gas field. Investors are alarmed, and some large mining projects have been cancelled. Unless the government shows itself able to revert this trend and to ensure a peaceful environment for business, what we gained as a country in the last 20 years may go away very fast.

What do you offer clients that your competition does not?
We are a highly specialised corporate and litigation boutique. As such we offer our clients the unique individual care and attention no other firm can deliver. Our firm creates interdisciplinary teams and designs creative legal strategies that go beyond the usual. And we do not shy away from bringing the best talent from outside the firm if the case requires it. In a small country like Peru, no firm has all the best minds, the best specialists, under one roof. We bring them together as a team when the client needs them; our competitors do not.

Finally, what are your aspirations for the firm going forward?
To continue being the leading corporate and litigation boutique firm in Peru; to improve the quality of our services – thus helping our clients to reach their goals; and to contribute – through our legal work – to the social and economic development of our country.

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The May – June 2013 Issue

Highest corporate tax
rates in Europe

European countries are scrambling to raise every last penny of funds through taxes. But some countries may have gone too far...

Belgium

Though all business taxes in Belgium can be paid online with little effort and preparation, the rates are still sky-high at 57.7 percent, including a staggering 50.8 percent total rate on profits only in social security contributions.

Belarus

In Belarus, a company spends up to 338 hours annually preparing for and paying ten different taxes and duties. The total tax rate has incredibly been lowered to 60.7 percent, from 117.5 percent in 2008.

France

A company in France pays seven different taxes and duties, the sum of which can amount to 65.7 percent of profits; though President François Hollande has announced a wave of business tax rate cuts coming up.

Estonia

A business in Estonia pays 67.3 percent of profits in tax, 37.2 percent exclusively in social security contributions. The country has gone against the grain in Europe by raising businesses taxes from 48.6 percent in 2008 to the current rates.

Italy

While corporate income tax (IRES) in Italy is limited to 38 percent of taxable profit, a company operating in Italy can expect to pay 14 other taxes and duties, including social security contributions, bringing their total payable tax to 68.7 percent of profits, according to the World Bank.

Norway

Norway taxes motor fuels twice, with a road use tax and a CO2 emissions tax. Combined with strikes in the energy sector that have curbed output, the price of gas at a local pump has soared to $10.12 per gallon.

Turkey

Though Turkey sits on the Suez Canal and neighbours many oil rich countries, the price of a gallon of average gas clocks in at $9.41 in Turkish pumps, because of a 60 percent share of taxes. 

Israel

Like Turkey, Israel is surrounded by oil-rich neighbours, but drills very little itself. Gas prices are controlled by the government, so about half of the $9.28 per gallon goes to taxes.

Hong Kong

There are few gas stations in Hong Kong, but the ones available charge up to 76 percent more per gallon than mainland China, where the government caps the cost of fuel. A gallon at the pumps will cost around $8.61 on the island.

Netherlands

Expensive labour costs make the Dutch petrol prices the dearest in Europe, at $8.26 per gallon; though the 57 percent tax add-ons don’t help.

The credit crisis

8 February 2007
HSBC warns of subprime mortgage losses

2 April 2007
New Century goes bus

14 September 2007
Wholesale markets have dried up

17 March 2008
Rescue of Bear Stearns

7 September 2008
Rescue of Fannie Mae

15 September 2008
Lehman Brothers file for bankruptcy

3 October 2008
US congress approves $700bn bailout

14 February 2009
$787bn stimulus approved by congress

 

The effects of the current financial crisis are global and irrefutable. With the collapse of Lehman Brothers, the domino effect of irresponsible public monetary policies, huge levels of unsustainable debt, and a deregulated financial sector, has escalated to the point where no corner of the globe has been left untouched.

1973 oil crisis

October 1973
Syria and Egypt launch an attack on Israel on Yom Kippur and set off a twenty day war;

1977
US President Carter creates Department of Energy, which develops the US strategic petroleum reserve

 

The Organisation of Petroleum Exporting Countries (OPEC) used their oil reserves as a weapon with the Arab Oil Embargo against those who supported Israel. By January 1974, world oil prices were four times higher than they were at the start of the crisis, especially in the US, and the shock led to a huge drop in the stock market with NYSE losing $97bn in just six weeks.  The embargo lasted five months, and the effects are still seen today.

German hyperinflation

1922-1923

Hyperinflation
1923 – 1924
Stabilisation

 

The trouble began when Germany missed a repatriation payment, worth about one third of the German deficit in this period. Inflation was already high but by 1923 it was raging. Prices doubled within hours, and by late 1923, it cost 200bn marks to buy a single loaf of bread. People burned money as it was cheaper than buying firewood. Germany eventually regained control of its economy when it introduced the Rentenmark into circulation in 1923, and then the Reichmark in 1924.

The Great Depression

1929-1933
The Great Crash
1934-1939
Recovery and Recession

 

After the decadence of the Roaring Twenties, the 1930s saw the biggest economic slump of all time. The stock market crashed on 29 October 1929, and optimism and decadent living tumbled along with the figures. The GDP fell from $103.6bn in 1929, to $66bn in 1934 and the subsequent years of recovery were the most dramatic in US history.

1907 bankers’ panic

1907
Otto Heinze and his brother Augustus Heinze bought shares of United Copper.

 

The stock market was already cautious over the tight money supply, but the US was thrown into a depression after the stock market fell nearly 50 percent from its peak in 1906. The Heinze brothers thought they could influence market shares but ended up bankrupting lenders that provided the financing to buy the stock. A chain reaction left nine institutions bankrupt. By February 1908, the panic was over and the government created the Federal Reserve system, to prevent banks from exercising too much control over the economy.