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EXECUTIVE SUMMARY

Guyana is located on South America’s North Atlantic coast, bordering Venezuela, Suriname, and Brazil. Guyana is an upper middle-income country according to the World Bank. In 2019, estimated inflation was below 2.5 percent with a 4.4 percent growth Gross Domestic Product (GDP). With the advent of first oil, the Guyanese economy is poised to become one of the best performing economies in the Western Hemisphere with an optimistic projected GDP growth rate in 2020 exceeding 50 percent. In response to COVID-19, the Bank of Guyana anticipated a 10 percent contraction in non-oil sectors for 2020. Guyana’s economy is driven primarily by commodities such as gold, bauxite, rice, and sugar. The United States was Guyana’s largest trading partner in 2019.

Guyana’s medium-term prospects remain positive with the discovery of vast oil reserves in Guyana’s waters that will provide decades of substantial oil revenues. The Government of Guyana (GoG) created a sovereign wealth fund for the oil revenues and plans to spend most of the near-term revenue on education, health, and infrastructure.

Outside the oil industry, Guyana’s economy has been hampered by political uncertainty that started in December of 2018 when the ruling administration fell to a no-confidence vote. Elections were finally held on March 2, but due to various legal and political delays, results were delayed, leaving many foreign investors in a holding pattern. In addition to the political uncertainty, the COVID-19 pandemic resulted in the government closing the airport to international flights, closing non-essential businesses, and implementing a curfew from 6 a.m. until 6 p.m. that resulted in a further contraction of the economy. Despite these challenges, Guyana is still projected to lead the Caribbean in GDP growth for 2020.

The Government of Guyana (GoG) actively encourages foreign direct investment (FDI) and offers tax concessions for priority projects through its Guyana Office for Investment (GO-INVEST). According to the Bank of Guyana’s Half -Year Report for 2019, Guyana’s FDI increased from $514.8M to $826.4M, an increase of 60.5 percent. This growth in FDI was fuelled mainly by developments within the oil and gas sector and all the industries that support it. Guyana recently developed a local content policy to help local companies take advantage of this business sector. Legislation to enforce the preliminary local content policy is still forthcoming, so the impact on oil and gas companies investing in Guyana is unknown.

Guyana offers both foreign and domestic potential investors a broad spectrum of investment choices, including agriculture, petroleum, construction, wholesale and retail, health, transportation, and agro-processing. Furthermore, opportunities exist within the services sector such as renewable energy, business process outsourcing (BPO), call centers, information technology services, hospitality, and tourism. Guyana is the only English-speaking country in South America and has a sizeable labor market, creating unique potential for call centers and other industries. The construction, wholesale and retail, transportation, and storage sectors experienced notable growth in 2019.

In 2015, ExxonMobil began exploratory drilling off Guyana’s coast, investing nearly $4 billion into the project thus far. ExxonMobil found recoverable oil in 16 out of 18 attempts and increased its estimate of recoverable oil to 8 billion barrels of -equivalent, with ongoing exploration from several international oil companies.

Guyana’s Green State Development Strategy, which was finalized in May 2019, serves as the guiding document for government priorities under the administration of President David Granger. These priorities include a focus on agriculture, supporting emerging and value-added industries, improving business climate, investing in sea defence, and transitioning to nearly 100 percent renewable energy.

Perceptions of corruption persist in Guyana. Transparency International’s 2019 report scored Guyana at 85 out of 180 ranked economies. One key concern was the insufficient response to a high crime rate. Guyana also ranked 134 out of 190 countries in the World Bank’s 2019 report on Ease of Doing Business. The major shortcomings included a weak judicial system, lack of intellectual property protection, corruption, and bureaucracy.

Guyana continues to benefit from official development assistance from multiple donors with projects focused on health care, education, economic development, climate change adaptation, disaster mitigation, and citizen security.

Table 1: Key Metrics and Rankings
Measure Year Index/Rank Website Address
TI Corruption Perceptions Index 2019 85 of 180 https://www.transparency.org/cpi2019
World Bank’s Doing Business Report 2019 134 of 190 http://www.doingbusiness.org/en/rankings
Global Innovation Index N/A N/A https://www.globalinnovationindex.org/
analysis-indicator
U.S. FDI in partner country ($M USD, stock positions) N/A N/A http://apps.bea.gov/
international/factsheet/
World Bank GNI per capita 2018 USD 4,770 https://data.worldbank.org/
country/guyana?view=chart

1. Openness To, and Restrictions Upon, Foreign Investment

Policies toward Foreign Direct Investment

The Government of Guyana (GoG) recognizes foreign direct investment (FDI) as a critical part of growing the economy. In 2019, the GoG published its Green State Development Strategy (GSDS) which highlights the priority areas over the next 20 years. These priorities include investment in agriculture, agro-processing, light manufacturing, renewable energy, tourism, and Information and Communications Technology (ICT).

The Government of Guyana promotes FDI through its Guyana Office for Investment (GO-INVEST). There are no laws and practices that discriminate against foreign investors. Companies willing to invest in Guyana may negotiate tax concessions with the GoG through its investment facilitation agency GO-INVEST.

GO-INVEST focuses primarily on agriculture and agro-processing, tourism, manufacturing, ICT, seafood and aquaculture, and wood processing. Potential investors should note that GO-INVEST is the first point of contact to obtain necessary permits and tax concessions upon which an investment agreement is prepared by GO-INVEST and sent to the Guyana Revenue Authority (GRA). GO-INVEST has been targeted by Guyana’s Ministry of Business for capacity-building assistance to help improve its operations in support of interested investors.

In January of 2020, the GoG released its local content policy framework which is intended to provide a guideline for future legislation on the subject. Criticism of the policy within Guyana’s business community emphasizes the absence of first preference to local companies. Presently, the policy focuses on upstream oil and gas activities. The GoG intends to develop the policy further to include skills development of Guyanese nationals and supplier development of Guyanese companies.

Limits on Foreign Control and Right to Private Ownership and Establishment

Guyana’s constitution specifically protects the rights of foreigners to own property or land in Guyana. Foreign and domestic firms possess the right to establish and own business enterprises and engage in all forms of remunerative activity. Private entities are governed by the Companies Act and are free to acquire or dispose of interest in accordance with the law.

Foreign and domestic firms have the right to establish and own business enterprises and engage in all forms of remunerative activity. Some key sectors like aviation, forestry, banking, and tourism are heavily regulated and require licensing. The process to obtain licenses can be time consuming and may in some instances require approval by subject minister.

According to GO-INVEST’s “Investor’s Roadmap,” the estimated processing time to obtain the approvals to lease state or government-owned lands is about one year. Some investors report much longer processing times. Restrictions on foreign ownership of property exist in the mining sector for small-and-medium-scale mining concessions. Foreign investors interested in participating in the industry at those levels may establish joint ventures with Guyanese nationals, under which the two parties agree to jointly develop a mining property. This type of relationship can carry a high level of risk because arrangements are governed only by private contracts and the sector’s regulatory agency, Guyana Geology and Mines Commission, does not oversee them. The U.S. Embassy strongly encourages investors to exercise due diligence when exploring their options.

Other Investment Policy Reviews

Guyana’s macro-economic fundamentals have remained stable over the past decade. The current administration has articulated its policy focus through the Green State Development Strategy. The developmental policies include incentives for priority areas including renewable energy, agriculture, and agro-processing. The Ministry of Finance published its Public Private Partnership framework to finance such priority areas.

Guyana remains of key economic significance to the Caribbean region with its exceptional growth rate attributed to its oil discoveries. Government policy focuses on attracting inward FDI. The GoG applies national treatment to all economic activities, except for certain mining operations, though some foreign-owned companies conduct large-scale mining operations in the country. During the past year, the GoG took actions to improve the business environment, such as lowering corporate income tax rates. Incentives for FDI include income tax holidays, and tariff and value-added tax (VAT) exemptions.

The World Trade Organization (WTO) published a trade policy review in 2015.

  • WTO –

Business Facilitation

All companies operating in Guyana must register with the Registrar of Companies.  Registration fees are lower for companies incorporated in Guyana than those incorporated abroad.  Locally incorporated companies are subjected to a flat fee of approximately $300 and a company incorporated abroad is subject to a fee of approximately $400. Businesses in the sectors requiring specific licenses, such as mining, telecommunications, forestry, and banking must obtain operation licenses from the relevant competent authorities before commencing operations.

GO-INVEST also advises the GoG on the formulation and implementation of national investment policies and provides facilitation services to foreign investors, particularly in completing administrative formalities, such as commercial registration and applications for land purchases or leases.  Under the Status of Aliens Act, foreign and domestic investors have the same rights to purchase and lease land. However, the process to access licensing can be complex and many foreign companies have opted to partner with local companies which may assist with acquiring a license. The Investment Act specifies that there should be no discrimination between private foreign and domestic investors, or among foreign investors from different countries. The authorities maintain that foreign investors have equal access to opportunities arising from privatization of state-owned companies.

Outward Investment

The GoG is focused on attracting inward investment into Guyana.  GO-INVEST also supports Guyanese investors and exporters looking to operate overseas.  In 2019, the Natural Resource Fund act was passed for the creation of a sovereign wealth fund. The act provides the Minister of Finance with the responsibility and overall management of the fund.  The act provides for the minister to enter into an agreement with the Bank of Guyana for the operational management of the fund.  This fund is currently held at the Federal Reserve Bank of New York and received its first US $55M deposit from oil revenue in March, along with the country’s first 2% royalty payment from the total sale of the oil.

2. Bilateral Investment and Taxation Treaties

Guyana does not have a bilateral investment treaty with the United States.  Guyana has bilateral investment treaties with the United Kingdom, Germany, Cuba, China, Switzerland, South Korea, and Indonesia.  Double taxation treaties are in force with Canada (1987), the United Kingdom (1992), and CARICOM (1995). The United States and the GoG signed the Foreign Account Tax Compliance Act (FATCA) in October 2016, and implementation began in June 2017.

3. Legal Regime

Transparency of the Regulatory System

Legal, regulatory, and accounting systems are consistent with international norms. Guyana is a democratic state and a separation of powers exists among the executive, legislative, and judiciary.

As captured in the World Bank’s Doing Business Report, bureaucratic procedures are cumbersome, often requiring the involvement of multiple ministries. Investors report having received conflicting messages from various officials, and difficulty determining where the authority for decision-making lies.  In the absence of adequate legislation, much decision-making remains centralized. An extraordinary number of issues continue to be resolved in the presidential cabinet, a process that is commonly perceived as opaque and slow. Attempts to reform Guyana’s many bureaucratic procedures have not succeeded in reducing red tape.

Draft pieces of legislation are available in the Parliament Library and on the National Assembly website (http://parliament.gov.gy/ ) for public review.

International Regulatory Considerations 

Guyana has been a World Trade Organization (WTO) member since 1995 and adheres to Trade-Related Investment Measures (TRIMs) guidelines. Guyana is a member of the Caribbean Community (CARICOM) and seeks to harmonize its regulatory systems with the rest of the members. The Forest Stewardship Council, Verification and Legal Origin, Reduce Emissions from Deforestation and Forest Degradation (REDD+), are some of the norms incorporated in the regulations.

Guyana has laws on intellectual property rights and patents. However, the lack of enforcement allows for the spread of illegally obtained content.

Laws and Regulations on Foreign Direct Investment 

Legislation exists in Guyana to support foreign investment in the country, but the implementation of relevant legislation continues to be inadequate. The objectives of the Investment Act of 2004 and Industries and Aid and Encouragement act 1951 are to stimulate socio-economic development by attracting and facilitating foreign investment. Other relevant laws include: the Income Tax Act, the Customs Act, the Procurement Act of 2003, the Companies Act of 1991, the Securities Act of 1998, and the Small Business Act. Regulatory actions are still required for much of this legislation to be effectively implemented. The Companies Act provides special provisions for companies incorporated outside of Guyana called “external companies.”

Guyana has no known examples of executive interference in the court system that have adversely affected foreign investors. The judicial system is generally perceived to be slow and ineffective in enforcing legal contracts. The 2020 World Bank’s Doing Business Report, states that it takes 581 days to enforce a contract in Guyana.

Competition and Anti-Trust Laws 

The Competition Commission of Guyana was established under the Competition and Fair Trading Act of 2006. The Competition and Fair Trading act seeks to promote, maintain, and encourage competition; to prohibit the prevention, restriction, or distortion of competition and the abuse of dominant positions in trade; and, to promote the welfare and interests of consumers. The Competition Commission and Consumer Affairs Commission (CCAC) is responsible for investigating complaints by agencies and consumers, eliminating anti-competitive agreements, and may institute or participate in proceedings before a Court of Law.

Expropriation and Compensation 

The government can expropriate property in the public interest under the Acquisition of Land for Public Purposes Act 2001. There is adequate legislation to promote and protect foreign investment. However, the effectiveness of implementation remains cumbersome. Many reports view the judicial system as being slow and ineffective in enforcing legal contracts. There have been no recent cases of expropriation.  All companies are encouraged to conduct due diligence and seek appropriate legal counsel for any potential questions prior to doing business in Guyana.

Dispute Settlement 

Guyana is a party to the International Centre for Settlement of Investment Disputes (ICSID Convention). Additionally, Guyana has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention), which went into force in December of 2014.

Investor-State Dispute Settlement 

Guyana does not have a bilateral investment treaty with the United States. Negotiations began in 1993 but broke down in 1995. Since then, the two countries have not conducted subsequent negotiations.

Double taxation treaties are in force with Canada (1987), the United Kingdom (1992), and CARICOM (1995). Other double taxation agreements remain under negotiation with India, Kuwait, and the Seychelles. The CARICOM-Dominican Republic Free Trade Agreement provides for the negotiation of a double taxation agreement, but no significant developments have occurred since March 2009.

There are two ongoing investment disputes involving U.S. interests in Guyana. U.S. company Atlantic Tele-Networks owns 80 percent of Guyana Telephone and Telegraph (GTT). The current administration would like to end GTT’s monopoly on international data transmissions and increase competition. GTT’s competitor, Digicel, is allegedly sending data to a satellite facility in Suriname, illegally bypassing GTT’s international data link. Despite GTT’s protests to the government, Digicel has continued to operate, apparently in violation of the monopoly agreement. GTT is also accused of owing $44 million in outstanding taxes since 1991, which could be used to negotiate out the monopoly. All three issues are linked, and negotiations between the government and GTT are proceeding. U.S. company Caribbean Telecommunications Ltd. has filed a lawsuit against Guyana Telephone and Telegraph (GTT), alleging that GTT engaged in unfair trade practices to cancel the company’s license to provide cellular services in Guyana.

International Commercial Arbitration and Foreign Courts 

International arbitration decisions are enforceable under the Arbitration Act of British Guiana of 1931, as amended in 1998. The Act is based on the Geneva Convention for the Execution of Foreign Arbitral Awards of 1927. The GoG enforces foreign awards by way of judicial decisions or action, and such awards must be in line with the policies and laws of Guyana.

According to the 2020 World Bank’s Doing Business Report, resolving disputes in Guyana takes 581 days, and costs 27 percent of the value of the claim on average. According to many businesses, suspected corrupt practices and long delays make the courts an unattractive option for settling investment or contractual disputes, particularly for foreign investors unfamiliar with Guyana.

The GoG has set up the Commercial Court has been set up to expedite commercial disputes, but this court only has one judge presiding, and companies have reported that it is overwhelmed by a backlog of cases.  The Caribbean Court of Justice, based in Trinidad and Tobago, is Guyana’s court of final instance.

Bankruptcy Regulations 

The 1998 Guyana Insolvency Act provides for the facilitation of insolvency proceedings.  The Financial Institutions Act of 2004, gives the Central Bank power to take temporary control of financial institutions in trouble.  This Act provides legal authority for the Central Bank to take a more proactive role in helping insolvent local banks.

According to data collected by the World Bank Doing Business Report, resolving insolvency in Guyana takes three years on average and costs 28.5 percent of the debtor’s estate, with the most likely outcome being that the company will be sold piecemeal.  The average recovery rate is 18 cents on the dollar. Globally, Guyana stands at 163 in the ranking of 190 economies on the Ease of Resolving Insolvency Report.

4. Industrial Policies

Investment Incentives 

Investment Incentives are designed to advance broader policy goals, such as boosting research and development or promoting regional economies. Guyana’s economy is undergoing economic transformation. The current administration identified a green agenda through its Green State Development Strategy which seeks to develop a “green economy” through supporting sustainable sectors such as renewable energy, agriculture, and manufacturing. The GoG provides tax concessions for these priority sectors.

Guyana offers an array of incentives to foreign and domestic investors alike in the form of exemption from various taxes, accelerated depreciation rates, full and unrestricted repatriation of capital, profits, and dividends. The first point of contact in applying for tax concessions is the Guyana Office for Investment (GO-INVEST). The purpose of GO-INVEST is to promote and encourage investment in Guyana. The GoG encourages investment in the following industries: agriculture and agro-processing, light manufacturing, and services.   Guyana was awarded the “Best Eco-Tourism Award at the ITB global travel fair in Berlin, Germany. Conde Nast Traveller magazine listed Guyana as one of its suggested 20 destinations to visit in 2020.  Research and Development

Research and Development

The GoG’s research and development is decentralized. For the rice industry, the Guyana Rice Development Board creates new variants of rice and the Guyana Sugar Corporation has an extensive program to create various variations of sugar cane. The Ministry of business has a business incubator program which supports the development of new entrepreneurs. University of Guyana is widely viewed as a major stakeholder in research and development. Foreign firms are encouraged to initiate research and development initiatives. ExxonMobil has developed partnerships with the University of Guyana and Conservation International for research and development.

Opportunities can be found on the following websites:

Guyana Office for Investment:  http://goinvest.gov.gy/investment/investment-guide/

The National Procurement & Tender Administration (NPTA):  http://www.npta.gov.gy/

National Industrial & Commercial Investment Limited: http://www.privatisation.gov.gy/

Ministry of Finance : https://finance.gov.gy/procurements/

Foreign Trade Zones/Free Ports/Trade Facilitation

Guyana does not operate free trade zones. However, consideration is ongoing for establishing such zones in Lethem, a Guyanese town on the Brazilian border that relies heavily on commerce in both countries. The GoG announced plans to build a road from Lethem to Georgetown to provide a cheaper and faster method for transporting goods from Brazil to the Guyanese coast.

Guyana became the 53rd WTO member and first South American country to ratify the new Trade Facilitation Agreement (TFA).  The WTO Secretariat received the country’s instrument of acceptance on November 30, 2015. 

Performance and Data Localization Requirements

There are no data localization requirements.  Foreign investors are not required to establish or maintain a certain amount of data storage within the country.

A requirement to hire locally at least 80 percent of employees is applied equally to domestic and foreign investment projects.  Although no explicit government policy regarding performance requirements exists, some are written into contracts with foreign investors and could include the requirement of a performance bond.  Some contracts require a certain minimum level of investment. Investors are not required to source locally, nor must they export a certain percentage of output.   Foreign exchange is not rationed in proportion to exports, nor are there any requirements for national ownership or technology transfer.

5. Protection of Property Rights

Real Property

Guyana ranks 128 out of 190 countries in the 2020 World Bank ranking for Ease of Business registering property. Guyana has a dual registry system of property rights with distinct requirements, processes, and enforcement mechanisms.  The two types of registry systems are deeds (Deeds and Commercial Registry) and title (Land Registry) registries that operate in separate jurisdictions, which in theory helps avoid the problem of double entry and dual registration.   Companies have complained about Guyana’s property rights being overly bureaucratic and complex, with opaque regulations that overlap and compete. Some report that this affects the proper allocation, enforcement, and effectiveness of property rights, as well as the efficiency of property-based markets, such real estate and financial markets (especially primary ones, such as mortgage markets).  The judicial system is generally perceived to be slow and ineffective in enforcing legal contracts. The World Bank’s Doing Business report 2020 reports it takes 581 days to enforce such contracts. 

Intellectual Property Rights

Upon independence in 1966, Guyana adopted British law on intellectual property rights (IPR). Guyana’s Copyright Act is dated 1956, and its Trademark Act and Patents and Design Act are dated 1973.  Local contacts report that numerous attempts to pass comprehensive legislative updates to this legislation have been unsuccessful. Piecemeal modernization amendments contained in the Geographic Indication Act of 2005, the Competition and Fair Trading Act 2006, the Business Names Registration Act 2000, and the Deeds Registry Authority Act 1999 have offered additional protection to local products and companies.

No modern legislation exists to protect the foreign-registered rights of investors. Guyana joined the World Intellectual Property Organization (WIPO) and acceded to the Berne and Paris Conventions in late 1994. Guyana has not ratified a bilateral intellectual property rights agreement with the United States. The Granger administration has drafted intellectual property rights legislation which has yet to be tabled in Parliament.

Many businesses reported registration time for a patent or trademark may take in excess of six months. However, there is a lack of effective enforcement to protect intellectual property rights. Patent and trademark infringement are common, as is evident among local television broadcasts of pirated and rebroadcasted TV satellite signals. Media sources reported that piracy of foreign academic textbooks is common. Guyana’s laws have not been amended to fully conform to the requirements of the Trade Related Intellectual Property Rights (TRIPS) Agreement.

Guyana is not listed on USTR’s Special 301 Report to congress or the Notorious Markets List.

For additional information about treaty obligations and points of contact at local IP offices, please see WIPO’s country profiles at http://www.wipo.int/directory/en/ .

6. Financial Sector

Capital Markets and Portfolio Investment

Guyana has its own stock market, which is supervised by the Guyana Association of Securities Companies and Intermediaries (GASCI).   Guyana’s local stock market has performed well in 2019 with a year on year increase of 20 percent market capitalization.  Guyana’s financial services sector is estimated to have grown by 4.1 percent at mid-year 2019. Credit is available on market terms. The prime lending rate as at half year was 10.5 percent.  There continues to be significant interest in Guyana’s financial sector. 

Money and Banking System

Monetary policy remains accommodative, aimed at achieving price stability and controlling liquidity within the economy.  The financial sector is regulated by the Bank of Guyana (BOG), the country’s central bank.  The BOG is empowered under the Financial Institutions Act 1995 and Bank of Guyana Act to regulate the financial sector.   Regulation highlights include high levels of liquidity, a strong deposit and asset base, and profitable financial institutions.  Liquidity in the banking system increased by 16.8 percent on account of higher excess reserves and higher balances due from banks abroad.  Net domestic credit of the banking system expanded by 12.8 percent to $1.33M from the December 2018 level of $1.2M on account of higher credit to both the public and private sectors.

Nevertheless,  private sector contacts report that access to finance remains an issue for conducting business.  The prime lending rate contracted by 2.5 percent to 10.5 percent from 13.0 percent as of the third quarter 2019.  The BOG maintains a floating exchange rate.  According to the BoG half-year report, monetary aggregates of broad money expanded by 3.3% while that of reserve money contracted by 1.6%.

Guyana has six commercial banks.  Foreign banks provide domestic services or enter the market with the applicable license from the BoG.  Foreigners may establish a bank account without restrictions.

Guyana continues to strengthen its financial system through implementation of its Anti Money Laundering/Counter Financing of Terrorism (CFT) program and the passage of the National Payments Act 2018.  

Foreign Exchange and Remittances

Foreign Exchange

The Guyana dollar (GYD) is fully convertible and transferable.  The Guyanese dollar is also generally stable and its value against the U.S. dollar. The Guyana dollar weighted mid-rate, relevant for official transactions, remained constant at GYD208.50. The un-weighted average mid-rate was GYD214.04 compared with GYD215.78 for the corresponding period in 2018. Foreign exchange transactions increased by 23.0 percent to $4,646.5 million on account of higher turnovers at banks, private trading houses known as cambios, foreign currency accounts, and hard currency transactions. Aggregate purchases were higher than sales, resulting in a net purchase of $4.9M.

No limits exist on inflows or repatriation of funds. However, regulations require that all persons entering and exiting Guyana declare all currency in excess of $10,000 to customs authorities at the port of entry. It is common practice for foreign investors to use subsidiaries outside of Guyana to handle earnings generated by exports.

Remittance Policies 

There is no limit on the acquisition of foreign currency, although the government limits the amount that several state-owned firms may keep for their own purchases.  Regulations on foreign currency denominated bank accounts in Guyana allow funds to be wired in and out of the country electronically without having to go through cumbersome exchange procedures.  Foreign companies operating in Guyana have not reported experiencing government-induced difficulties in repatriating earnings in recent years.

Sovereign Wealth Fund

The Natural Resources Fund (NRF) Act was passed in the National Assembly in January 2019, providing the framework for the establishment of a sovereign wealth fund.  Shortly after the enactment of the NRF,  Guyana became an associate member of the International Forum of Sovereign Wealth Funds (IFSWF).  The Bank of Guyana manages the NRF, which is held at the Federal Reserve Bank of New York. The opposition party has signalled its intent to repeal the NRF Act based on concerns that the bill was passed after the government was defeated by a vote of no confidence without sufficient input from the political opposition.

7. State-Owned Enterprises

Guyana has ten state-owned enterprises (SOEs) including: National Industrial and Commercial Investments Ltd. (NICIL), Guyana Sugar Corporation (GUYSUCO), MARDS Rice Complex Ltd., National Insurance Scheme (NIS), Guyana Power and Light (GPL), Guyana Rice Development Board (GRDB), Guyana National Newspapers Ltd.(GNNL), Guyana National Shipping Corporation (GNSC), and Guyana National Printers Ltd. (GNPL).

The private sector competes with (SOEs) for market share, credit, and business opportunities.  It is common for (SOEs) in Guyana to have political interventions.  This is driven through the board of directors which are filled with political appointees.  Furthermore, procurement on behalf of SOEs may be passed through the National Procurement and Tender Administration.

The Public Corporation Act requires public corporations to publish an annual report no later than six months after the end of the calendar year. These reports must be audited by an independent auditor.

Privatization Program

In the 1990s, Guyana underwent significant privatization with the divestment of many sectors.  In 1993, the Privatisation Policy Framework Paper known as the “Privatisation White Paper” was tabled in Parliament and made way for the creation of the Privatisation Unit (PU). Its function was to co-ordinate the implementation of the Government of Guyana’s (GoG’s) privatization program. The Privatisation Unit was tasked with:

  • Combining the functions of the Public Corporations Secretariat (PCS) and the National Industrial & Commercial Investments Limited (NICIL);
  • Preparing for Cabinet’s approval, the programme strategy and annual programme targets for privatization or liquidation;
  • Implementing the privatization of State-Owned-Enterprises (SOEs) and assets selected for inclusion in the program;
  • Participating in negotiations for the privatization of SOEs;
  • Reviewing offers and make recommendations to Cabinet on the terms and conditions for the sale of SOEs;
  • Preparing financial and administrative audits of SOEs not selected for privatization;
  • Developing a strategy to build public understanding and support for privatization;
  • Ensuring that transparency of the privatization programm is strictly respected and followed;
  • Monitoring operations of privatised entities in accordance with the terms and conditions of each respective contract;
  • Preparing for Cabinet, broad guidelines on operating policies for privatization, develop action plans for implementation, conduct a public relations campaign and help to build national consensus in support of government’s program.

Foreign investors have an equal access to privatization opportunities. However, there are many reports that the process lacks transparency. Currently, the government is seeking to divest from the sugar industry.

U.S. firms are generally given equal access to these projects through a public bidding process. In some cases, allegations have been made that this bidding process has been less than transparent.  In cases where international financial institution (IFI) funding has been involved in the project, such allegations have been credibly addressed. In cases where the project relied solely on GoG funds, redress has been more problematic to achieve.

8. Responsible Business Conduct

Compared to responsible business conduct (RBC) norms in North America and Europe, Guyana-based businesses lag in adopting RBC policies and activities. Local companies have improved RBC as firms react to increased levels of competition, partly to compete or subcontract with companies in the oil and gas sector that emphasize it.  Guyanese consumers are growing in awareness to RBC principles as the population becomes better sensitized. The GoG has expressed hope that large multinational companies will lead the way on RBC practices, setting an example for smaller local firms to follow, particularly in the extractive industries sector.

With Guyana’s major petroleum discovery, and anticipated production, Guyana joined the Extractive Industries Transparency Initiative (EITI) as a candidate country in October 2017.

9. Corruption 

The law provides criminal penalties for corruption by officials, but the government generally does not enforce the law effectively or uniformly. The relevant laws enacted include: the Integrity Commission Act, State Assets Recovery Act, and the Audit Act. Officials appear to engage in corrupt practices at times with impunity. Several media outlets reported on government corruption in recent years and it remains a significant public concern.  Media and civil society organizations continued to criticize the government for being slow to prosecute corruption cases.  Although the government passed legislation in 1997 that requires public officials to disclose their assets to an Integrity Commission prior to assuming office, media reports suggest that a significant section of public officials did not honor this requirement in 2019.

Widespread concerns remain about inefficiencies and corruption regarding the awarding of contracts, particularly with respect to concerns of collusion and non-transparency.  In his annual report, the Auditor General noted continuous disregard for the procedures, rules, and the laws that govern public procurement system.  There were reports on overpayments of contracts and procurement breaches.  Nevertheless, the country has made some improvements.  According to Transparency International’s 2019 Corruption Perceptions Index (CPI), Guyana is ranked 85 out of 180 countries for perceptions of corruption, advancing 8 spots in comparison to 2018.

10. Political and Security Environment 

Guyana is categorized as a “flawed” democracy according to the Economist Intelligence Unit (EIU). In December 2018 the Government of Guyana fell following the passing of the “no confidence” motion. Subsequently, a series of court cases and eventually the dissolution of Parliament at the end of 2019 allowed for national and regional elections to be held on March 2, 2020. However, ten weeks after elections the results are still unknown. Observers reported that polling on the day of elections were well administered and reflected international standards for democratic elections. Observers reported that the credibility of the process deteriorated during the tabulation of votes. The security environment has further deteriorated following the elections impasse. The security environment in the country continues to be a concern for many businesses. Businesses which are considering investing in Guyana are strongly encouraged to develop adequate security systems.  11. Labor Policies and Practices

11. Labor Policies and Practices

Local legislation governing labor in Guyana includes the National Insurance Act, Guyana Labour Act, Occupation Health and Safety Act, and the Termination of Severance and Pay Act.

According to a 2017  survey by the Guyana Bureau of Statistics, the local labor force was estimated at 299,000 with an unemployment rate of 12.2 percent  and youth unemployment of 22.9 percent .  Rural unemployed population represents the vast majority of the total unemployed (72.9 %), and the unemployment rate for women appears to be substantially higher than that for men (15.6 percent vs. 9.9 percent ).  The survey estimates that between 48.6 percent and 52.7 percent of the employed labor force is holding informal jobs. The percentage of male workers holding informal jobs is higher than that of female workers.  Most Guyanese are employed in the agriculture, wholesale and retail trade sectors.  Given the abundance of unskilled labor following divestment of the sugar industry, the economy is undergoing a structural change with retraining programs and structural changes with the preferred skillset of workers.  Guyana’s HDI for 2018 increased to 0.67 from 0.537, an increase of 24.8 percent.  Guyana’s literacy rate is estimated at 90 percent. There is an ongoing push for Information and Communications Technology (ICT) development within schools which has created a talent pool for this industry.  Recently, there has been a focus on ICT and attracting BPOs.

Guyana has one of the highest emigration rates of tertiary educated nationals. A significant number of businesses report having challenges with staff recruitment and retention.  These issues are linked to a small pool of semi-skilled and skilled workers.  Companies entering Guyana should consider training of employees.

The Trade Union Recognition Act of 1997 requires businesses operating in Guyana to recognize and collectively bargain with the trade union selected by a majority of its workers.  The government, on occasion, has unilaterally imposed wage increases. Guyana adheres to the International Labour Organization (ILO) Convention, protecting worker rights.  Labor dispute mechanisms, such as arbitration, are commonplace. In 2019, the minimum wage of the public sector workers increased to approximately $50 monthly. The private sector has a minimum wage of approximately $210.

12. U.S. International Development Finance Corporation (DFC) and Other Investment Insurance Programs

The Overseas Private Investment Corporation (OPIC) renewed its support for U.S. investors in Guyana in 2000, following the settlement of a long-standing dispute between an OPIC client and the GoG.

The Export-Import Bank of the United States (EX-IM) offers insurance and financing to support U.S. firms exporting to Guyana.  EX-IM will consider financing projects in which the total term of the financing is one to twelve months or one to seven years.

13. Foreign Direct Investment and Foreign Portfolio Investment Statistics

Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/Economy

Host Country Statistical Source USG or International Statistical Source USG or International Source of Data:BEA; IMF; Eurostat; UNCTAD, Other
Economic Data Year Amount Year Amount
Host Country Gross Domestic Product (GDP) ($M USD) N/A N/A 2016 $3,504 www.worldbank.org/en/country 
Foreign Direct Investment Host Country Statistical Source USG or International Statistical Source USG or International Source of Data:BEA; IMF; Eurostat; UNCTAD, Other
U.S. FDI in partner country ($M USD, stock positions) N/A N/A N/A N/A BEA data available at
https://www.bea.gov/international/
direct-investment-and-multinational-
enterprises-comprehensive-data
 
Host country’s FDI in the United States ($M USD, stock positions) N/A N/A 2017 $3,185 BEA data available at
https://www.bea.gov/international/
direct-investment-and-multinational-
enterprises-comprehensive-data
 
Total inbound stock of FDI as % host GDP N/A N/A 2017 88.7% UNCTAD data available at
https://unctad.org/en/Pages/DIAE/
World%20Investment%20Report/
Country-Fact-Sheets.aspx
 

Table 3: Sources and Destination of FDI
Data not available.

Table 4: Sources of Portfolio Investment
Data not available.

14. Contact for More Information

Alexandra King Pile
Political and Economic Counselor

Richard Leo
Economic and Commercial Specialist
Embassy of the United States of America
100 Duke and Young Streets, Kingston
Georgetown, Guyana
Telephone: + (592) 225-4900-9 Ext. 4220 and Ext. 4213
Fax: + (592) 225-8597
Email: commercegeorgetown@state.gov
https://gy.usembassy.gov

2020 Investment Climate Statements: Guyana
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