Administrator’s Weekly Report Economy February 28 – March 5, 2004 HIGHLIGHTS -- The CPA Administrator signed the Company Law and the Central Bank Law this past week. -- The New Iraqi Dinar (NID) has been stable the past three weeks, depreciating only 0.4 percent against the U.S. dollar this past week. I. BUILD FINANCIAL MARKET STRUCTURES Modernize the Central Bank; Commercial Banking System; Re-establish Baghdad Stock Exchange; Restructure National Debt The CPA Administrator signed the order for a new Central Bank Law that replaces the Central Bank Law of 1976. The new law sets the primary goals of the central bank as being to achieve long-term growth and prosperity through maintaining domestic price stability, and fostering and maintaining a stable and competitive market-based financial system. The Central Bank Law empowers the central bank to Develop and implement monetary policy, including exchange rate policy Operate as banker and lender of last resort for the commercial banks Provide financial advisory and fiscal agent services to the government of Iraq Operate an interbank payment system, and supervise other payment systems License and supervise commercial banks, as well as other lending and money transmission companies, and foreign exchange bureaus Issue currency Represent Iraq in international fora The Central Bank Law provides for a Board of the Central Bank, comprising of the Governor, two Deputy Governors, and six other members. These six positions will be filled by three senior managers and three individuals with suitable monetary, banking, or legal expertise. CPA advisors completed a detailed report of the Rasheed Bank’s balance sheet from August 2003 through January 2004. Assets equaled liabilities each month, indicating that Rasheed Bank is carrying out its system monthly, though manual, in a thorough and correct manner. CPA continues preparations for the Iraq Stock Exchange: training for stock exchange staff, renovations of the site, coordination for additional technical experts, meeting with the future Board of Directors, revising job descriptions for the department heads, and finishing equipment installation. The Iraq Stock Exchange is expected to open in early April. The New Iraqi Dinar (NID) has been stable the past three weeks. At the NID auction on March 4, the settlement price was 1,425 dinars per dollar. The value of dollars sold at the auction varied over the week, from $11.6 to $19.3 million. The exchange rate on the Baghdad streets was 1,435 dinars per dollar on March 4. The CBI auction was closed March 2-3 for the mourning period after the Ashura tragedy. During the past week, February 28 – March 4, the NID depreciated 0.4 percent against the U.S. dollar. New Iraqi Dinar monthly fluctuation: December 5 – January 4: NID appreciated 13.4 percent January 5 – February 4: NID appreciated 17.3 percent February 5 – March 4: NID depreciated 5.5 percent Source: CPA Senior Advisor to the Central Bank of Iraq The annualized weekly volatility of the new Iraqi dinar from February 28 – March 4 was 2.8 percent. Source: CPA Senior Advisor to the Central Bank of Iraq II. DEVELOP TRANSPARENT BUDGETING AND ACCOUNTING ARRANGEMENTS Redrafting and Execution of 2004 Budget At a donor committee meeting in Abu Dhabi on February 28-29, over thirty countries responded to Iraq’s presentation of its reconstruction and development priorities with commitments to place more than one billion dollars of pledged funds into the UN and World Bank trust funds. This should soon allow the trust funds to begin making disbursements to finance projects from the Iraqi plan, in coordination with the UN and the World Bank. As of March 4, the balance in the Development Fund for Iraq (DFI) was $8.1 billion, comprised of $6.9 billion in the original Federal Reserve Bank of New York (FRBNY) account, and $1.1 billion on deposit in DFI-Baghdad. Of this, $4.4 billion is already committed to projects, and the remaining $3.7 billion is slated for projected 2004 budget items. Since establishment, the DFI investment program at FRBNY earned $14 million in interest. As of March 4, the total payments out of the DFI amounted to $5.3 billion. State Department and U.S. Agency for International Development (USAID) assistance to Iraq disbursed in FY 2003/2004 totals $2.6 billion as of February 27, 2004: USAID/ Asia and Near East (ANE): $1.9 billion USAID/ Office of Foreign Disaster Assistance (OFDA): $87 million USAID/ Food for Peace (FFP): $426 million USAID/ Office of Transition Initiatives (OTI): $104 million State Department/ Bureau of Population, Refugees, and Migration (PRM): $39 million The Program Management Office (PMO) intends to commit $10.4 billion (56 percent of the $18.4 billion supplemental) toward contracts by July 1, 2004. $3.4 billion dollars are currently committed to Iraq relief and reconstruction efforts, 32 percent of the July 1 goal. Currently, $1.3 billion of funds are obligated with contractors (12 percent of the committed fund’s goal). The following two charts show the money committed by sector for construction and non-construction projects as of March 5. Source: CPA Program Management Office Source: CPA Program Management Office III. PRIVATE SECTOR INITIATIVES Streamline existing commercial code/regulations; Facilitate lending to private businesses; Technical Assistance for Small and Medium Enterprises (SMEs); Iraqi Participation in Reconstruction Subcontracts; Business Development The CPA Administrator signed the Company Law Order, thereby amending Company Law Number 21 of 1997. The new company law reduces the steps and time necessary to form companies and requires the Registrar of Companies (Ministry of Trade) to act within set time periods in processing company formations and recapitalizations. The new order conforms the Company Law to Order 39, including with respect to ensuring equal national treatment for foreign investors. Highlights of Order 39 include Establishing protection for the rights and property of foreign investors in Iraq. Creating transparency and regulation in foreign investment matters. Regulating the equal treatment of foreign investors and the registration of foreign investment representation offices. Allowing foreign investment in all areas of the Iraqi economy except ownership of natural resource extraction and processing. The Company Law Order also Reduces the steps and time necessary to form companies and requires the Registrar of Companies (Ministry of Trade) to act within set time periods in processing company formations and recapitalizations. Allows individuals to form single member limited liability entities and removes limits on the percentage of shares that a single shareholder can hold with respect to Iraqi private sector joint stock companies. Eliminates conformity with state planning goals as a condition for approvals under the Company Law (including, for example, company formation, capitalization, reorganization, and liquidation). Reduces, and in most instances eliminates, the ability of state sectoral authorities to prevent approvals or otherwise control development of the Iraqi economy. Adds a prohibition against harming a company at the expense of other owners or decapitalizing a company in anticipation of insolvency, and strengthens conflict-of-interest provisions applicable to company officials. Eliminates the requirement to have trade union appointees on the board of private companies. Updates penalties in light of the New Iraqi Dinar’s current value. The Minister of Trade signed the regulation regarding the establishment of foreign branches and representation offices in Iraq this week. This regulation implements CPA Order 39 with regard to the ability of branches and trade representation offices of entities organized under laws of foreign countries to do business in Iraq. CPA has issued over 1,400 micro and small business loans worth approximately $3 million. Microfinance operations are underway in six of eighteen governorates: Najaf, Karbala, Babil, Basra, Baghdad, and At Tamim. Offices will open soon in Qadisiyah, Muthanna, Maysan, and Ninawa. In the North, CPA partner ACDI / VOCA has outstanding loans now valued at over $114,000 (2 percent of total expected deployment). In the South, CPA partner CHF has outstanding loans worth $2.8 million (56 percent of total expected deployment). Loan repayment rates for both ACDI and CHF are 100 percent. IV. DESIGN OIL TRUST FUND Proposal for Oil Trust Fund As of February 28, 2004, estimated crude oil export revenue reached $2.3 billion for 2004 (crude oil export revenue for 2003 [June - December] was $5.1 billion). V. LAY FOUNDATIONS FOR AN OPEN ECONOMY Provide IG Staff Capability; Trade Bank; WTO Observer Status; Draft Intellectual Property law to IGC by April 15, 2004; Develop Framework for Collateralizing Movable and Immovable Property On March 1, the Minister of Trade issued a proposal to auction export licenses for scrap metal. The draft calls for a minimum fee to become a registered wholesaler, and establishes a competitive bidding process for export licenses. The Minister solicited comments from interested parties by March 10, and published the proposal in the local press and posted it on the CPA website. MOT will finalize the rule after considering these comments. As of March 7, the Operating Consortium has issued 109 letters of credit on behalf of the Trade Bank of Iraq totaling $482 million. CPA previously reported the letters of credit sent by the Trade Bank to the Consortium for issuance. However, this number reported by the Trade Bank is higher than the number reported by JP Morgan, the Consortium coordinator, because of processing delays and, on occasion, letters of credit withdrawn before issuance. Beginning with this report, CPA will use the JP Morgan number to avoid this discrepancy and more accurately reflect letters of credit issued. VI. PURSUE NATIONAL STRATEGY FOR HUMAN RESOURCES DEVELOPMENT Begin to employ workers in Public Works programs around the country The National Employment Program came to a close at the end of February after creating nearly 77,000 public works jobs throughout the country. The numbers have been removed from the totals shown below, although regional jobs programs are still operating. A new employment program for 2004 will begin in April. Combined Joint Task Force 7 (CJTF-7) Civil Affairs units estimate that the CPA has created 378,333 jobs for Iraqi citizens (45 percent of the CJTF-7 target of 850,000): Security/National Defense employs 218,194 Regional Jobs Programs employ 37,421 CJTF-7 employs 51,673 Civilian contractors working under CPA contracts employ 69,495 Governorate Teams employ 1,550 VII. INITIATE PUBLIC SECTOR MANAGEMENT REFORM Civil Service Salary Review As of March 4, the CPA Administrator had appointed Inspectors General in 13 Ministries (half the total), and another 5 Ministries had submitted nominations. All Ministries (with the exception of Defense) are expected to have Inspectors General appointed by the end of March. CPA is holding an initial training seminar for those now appointed on March 8. PAGE PAGE 7 FOUO Prepared by the Information Management Unit FOUO Prepared by the Information Management Unit