Further information has now been given on the several investment and prudential
reforms announced by the Minister of Finance, Pravin Gordhan, during his Medium
Term Budget Policy Statement on October 25, 2011, which are aimed at promoting
investment into South Africa by encouraging the development of its capital markets.
A statement issued by the National Treasury said that the approach is “aimed
at further improving market efficiencies, whilst at the same time managing potential
risks from foreign exposure and the volatile international environment.”
For example, with the purpose of improving South Africa’s position as
a financial gateway into Africa and facilitating cross-border transactions,
and following public comments received on the ‘Prudential Regulation of
Foreign Exposure for Institutional Investors’ discussion document, Gordhan
announced that all listed shares on the Johannesburg Stock Exchange (JSE), traded
and settled in rand shall be classified as ‘domestic assets’, for
the purpose of trading on the JSE and inclusion in its indices.
In a further note subsequently issued by the JSE, it welcomed the indication
that local investors will be able to trade in foreign domiciled companies where
they were previously restricted by prudential limits and that the exchange will
be able to include these companies in domestic indices.
In the past, the amount of local activity in the foreign companies on the JSE
was limited, and this, it was said, limited the JSE's ability to position itself
as an investment destination. “Once effect has been given to today’s
policy direction,” the JSE added, “South African asset managers
will be able to invest more freely in these companies, using the JSE to do so.”
“We very much appreciate the thoughtful and careful manner in which the
National Treasury and the Financial Services Board have engaged on this issue,
which clearly has an important impact on the markets," says JSE Chief Executive
Officer, Russell Loubser. “The positive move provides a further boost
for the reputation of the country’s markets, by enabling the JSE to more
aggressively pursue a wider range of investment possibilities.”
Details on the revision of indices will be provided by the JSE in due course
as it “will take time to work through the practical steps to implement
this,” and the National Treasury also confirmed that further work is in
progress to modernise the foreign direct investment framework.
The National Treasury also announced that steps will be taken to simplify procedures
and reduce the cost of cross-border money remittances, particularly to neighbouring
countries and the rest of Africa. Ownership restrictions on international participation
in foreign exchange bureaus, will be removed, and the requirement for money
remittance agencies to partner existing authorised dealers in order to do remittance
business will no longer be obligatory.
Barriers to trade are also eased by allowing corporates to cover forward (using
forward exchange contracts) up to 75% of budgeted import commitments or export
accruals in respect of the forthcoming financial year without an application
to the SARB. Advance payments for capital goods will now be allowed for up to
50% of ex-factory cost of goods to be imported, from the current 33.3%. Furthermore,
regulations to enable more modern cross-border payments will also be implemented
(for example, on internet payments).
However, in order to balance between capital market growth and development
and the objective of managing exposure to foreign risk, prudential institutions
will still be required to report their foreign exposure to regulatory authorities,
subject to criteria that will be developed by the National Treasury, the South
African Reserve Bank (SARB) and the Financial Services Board.
In addition, in order to cut red-tape, simplify and reduce the administrative
costs of doing business, corporates will be able to top up capital in their
offshore business from South Africa. Criteria will also be relaxed for corporates
wishing to invest outside their current line of business.
With regard to individuals, the annual ZAR4m (USD517,800) foreign investment
allowance plus the ZAR1m current single discretionary allowance will be consolidated
into one ZAR5m foreign investment allowance per year.
Furthermore, in order to eliminate the bias against residents compared to non-residents,
the SARB will consider investments by residents (and estates) for applications
in excess of the ZAR5m allowance, subject to strict criteria related to appropriate
disclosure requirements (on foreign assets and income), tax compliance and market
conditions.