#Budget2017: Are exchange controls an issue?

Finance Minister Pravin Gordhan

Finance Minister Pravin Gordhan

Published Feb 13, 2017

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Pretoria - South

Africa first introduced exchange control in 1939 in the form of the emergency

finance regulations. Major strides have been made, especially post 1994 to

relax, to simplify and streamline exchange control regulations.

However, a

recurring question is why the country has retained a set of rules and

regulations which regulate the flow of capital in and out of the country in a

time of peace and relative low financial threats.

Exchange controls

the inflow and outflow of local currency and other local assets. They are

mainly imposed to control outflows and to preserve foreign currency reserves.

Andrew Wellsted,

head of tax at Norton Rose Fulbright, believes it has been retained in South

Africa partly for legacy reasons, but predominantly because there is still a

fear that there could be “large and uncontrolled” cash flows out of the country

if it is suddenly withdrawn.

Finance Minister

Pravin Gordhan will deliver the 2017 Budget on 22 February. Wellsted says there

may still be an announcement relating to the export of intellectual property.

Some of the major

changes since 1995 include the increase of an annual foreign capital allowance

to R10 million and an additional discretionary allowance of R1m for

individuals.

Carwyn Rhode, Standard

Bank’s senior exchange control expert, says amendments to exchange control

regulations for companies and institutional investors have been “substantial”

over the last decade.

These amendments include

allowing South African companies to make foreign direct investments up to R1 billion

per company, per year. International headquarter companies who meet prescribed

shareholding and asset criteria are allowed to invest offshore without

restrictions.

Listed and

unlisted companies are allowed to establish one subsidiary to hold African and

offshore operations which will not be subject to any exchange control

restrictions.

Since 2013, companies

listed on the JSE were allowed to secondary list on foreign exchanges to

facilitate both local and offshore foreign direct investment expansions.

According to the

South African Reserve Bank (SARB) website unlisted technology, media,

telecommunications, exploration and other research and development companies

may apply for approval for a primary offshore listing, or to raise foreign

loans and capital for their operations since 2014.

Rhode says the

positive side of retaining exchange controls is the ability to protect the

country from crises such as the 2008 US prime mortgage crisis which left many

other banks – incorporated globally – reeling from the losses incurred.

The negative side

is that South Africa is viewed as protecting its income and labour force from

external competitors and inadvertently becoming less competitive.

Wellsted says the

benefits of retaining exchange control is to keep control over capital flows,

something which regulators generally like.

“The downside is

regulatory barriers to cross border cash flows. Foreign investors, in

particular, struggle with the concept. It is a hurdle to investing in South

Africa as people are scared it means their investments may be trapped,” Wellsted

says.

Rhode says one of

the concerns about scrapping exchange controls is that it will open up the

foreign exchange market to various players, increasing the risk of unfair

market practices such as foreign exchange rate riggings.

Rhode adds the recently

introduced Currency and Exchanges Manuals setting out what is allowed and what

not in terms of foreign exchanges for banks, companies and individuals have “liberalised”

South Africans from previous rules and regulations.

These manuals were

only introduced in August last year. It will require time to become accustomed

to the changes, he says.

Only then it will

become clear if the changes have been positive or negative for South Africa,

its businesses and its people.

Wellsted says the

ideal will be to move to a reporting of transactions, rather than pre-approval.

“However, in these volatile economic and political times, it is unlikely they

(National Treasury) will significantly relax controls further.”

According to Keith

Engel, CEO of the South African Institute of Tax Professionals, the big remaining

issue is how to further liberalise exchange control for South African

multinationals to make them more competitive globally.

South African

multinationals still need exchange control approval in order to shift local

funds for investment into new offshore opportunities or to grow pre-existing

ones. 

“Cross-border

loans also remain a problem. Even South African subsidiaries of foreign

companies face challenges when seeking to repatriate funds back to their home

countries through mechanisms other than straight dividends such as share

buy-backs.”

Government has

held back on further exchange control liberalisation out of fear that it could

inadvertently allow South African multinationals to shift their headquarters

into other locations. 

Hence, a

“go-slow" approach has been adopted to ensure that openings are not

created that could lead to a sudden outflow. 

BUSINESS REPORT ONLINE

 

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