POLITICAL
– ECONOMIC SECTION
2002 TRADE ACT REPORT: URUGUAY
URUGUAY
Key Economic Indicators
(Billions of U.S. dollars unless otherwise indicated) 1/
2/
2000
2001
2002
Nominal GDP
20.1
18.7
12.0
Real GDP Growth (pct)
-1.4
-3.1
-11.0
GDP Growth by Sector (pct):
Agriculture
-3.2
-5.0
2.0
Manufacturing
-2.1
-6.2
-11.0
Services
0.1
-0.5
Government
-0.2
-1.4
-2.0
Per Capita GDP (US$)
6
5,6
3,7
Labor Force (000s)
1,2
1,3
1,3
Unemployment Rate (pct)
13.4
15.2
16.0
Money and Prices (annual percentage
Money Supply Growth (M2)
2.8
-3.0
-8.0
Consumer Price Inflation
5.1
3.6
35.0
Exchange Rate (annual average)
12.1
13.3
Balance of Payments and Trade:
Total Exports FOB
2.3
2.1
1.9
Exports to U.S. (US$ millions)
180
171
137
Total Imports CIF
3.5
3.1
2.5
Imports from U.S. (US$ millions)
336
271
165
Trade Balance (FOB-CIF)
-1.2
-1.0
-0.6
Balance with U.S. (US$ millions)
-156
-100
-28
External Public Debt (Gross)
8.9
8.9
11.0
Fiscal Deficit/GDP (pct)
4.1
4.2
3.4
Current Account Balance/GDP (pct)
-2.8
-2.7
1.5
Debt Service Payments/GDP (pct)
4.7
6.7
9.3
Gold and Foreign Exchange Reserves (net)
2.4
2.6
2.7
Aid from U.S. (US$ millions)
2.8
1.2
1.5
Militar Aid from U.S. (US$ millions)
2.6
0.9
1.4
Aid from All Other Sources (US$ millions)
N/A
N/A
N/A
1/ Data in Uruguayan Pesos was converted
into dollars at the average interbanking selling rate for
each year.
2/ 2002 figures are all U.S. Embassy Montevideo
estimates based on available data as of October 2002.
Sources: Uruguayan Central Bank and Uruguayan
National Institute of Statistics (INE)
1. General Policy Framework
Uruguay is a market-oriented economy in
which the State still plays a certain role. The economy
performed well in the nineties but has been shrinking since
1999 as a result of regional instability (including the
1999 Brazilian devaluation and the 2001/2002 Argentine crisis),
low commodity prices, the dissemination of foot-and-mouth
disease, and poor economic expectations. Moreover, in early
2002 a massive withdrawal of Argentine deposits helped trigger
a banking crisis that forced the Government of Uruguay (GOU)
to reschedule dollar-denominated time deposits in public
banks and to suspend the operations of four banks. Through
substantial support from international financial institutions
(i.e. IMF, Inter-American Development Bank, World Bank)
and the U.S. Government, the GOU was able to weather the
crisis. The banking situation appears to be improving gradually.
Uruguay’s sovereign debt was rated Investment Grade
between 1997-2001, but was downgraded five notches by the
major risk rating agencies beginning in early 2002. Negative
growth of about 11.0 percent is expected for CY2002, and
future economic recovery will largely depend on conditions
in Argentina and Brazil. Nevertheless, despite the ongoing
economic crisis, social indicators are still outstanding
by Latin American standards.
Uruguay is a founding member of MERCOSUR
(the Southern Cone Common Market composed of Argentina,
Brazil, Uruguay, and Paraguay, with Chile and Bolivia as
Associate Members) and the geographical center of the bloc’s
most densely populated and richest zone. Uruguay’s
capital, Montevideo, is also the administrative capital
of MERCOSUR. Although MERCOSUR integration fostered regional
trade in the nineties, the bloc has faced harsh problems
since late 1998. Uruguayan exports to bloc members fell
from 55 percent of overall exports in 1998 to 40 percent
in 2002. The economic crunch in Argentina, the imposition
of protectionist measures in Argentina and Brazil, a war
of incentives among bloc members to attract foreign investment,
and unilateral changes in the MERCOSUR common external tariff
all call into question MERCOSUR’s future.
The United States is Uruguay’s fourth
largest trading partner after Argentina, Brazil and the
European Union. The U.S. purchased eight percent of Uruguay's
exports in 2001 and provided nine percent of its imports.
The U.S. share of Uruguay's imports has increased slightly
over the last decade and the Batlle administration vigorously
favors expanding trade with the U.S. and the rest of NAFTA.
According to a 1999 GOU study, the U.S. is the largest foreign
investor in Uruguay, accounting for 32 percent of overall
foreign direct investment.
The budget deficit remained high at roughly
4.0 percent of GDP from 1999-2001. As of July 2002, the
fiscal imbalance grew to 5.3 percent of GDP as a consequence
of reduced tax revenues, higher public expenditures and
a lower GDP. The government passed three budget adjustment
laws in CY2002 in an effort to meet the 3.4 percent fiscal
target agreed upon with the IMF. Uruguay enjoyed fluid access
to the international capital market in the nineties and
financed its fiscal imbalances with sovereign debt. However,
in 2002 the government had to seek assistance from international
financial institutions (i.e. IMF, World Bank, etc.) due
to difficulties it faced in selling additional debt in international
markets.
Uruguay’s tax burden stands at over
30 percent of GDP. The tax system is highly dependent on
a Value Added Tax that accounts for over half of overall
tax revenues. As of October 2002, the government is gathering
political support to launch major reforms that seek to simplify
the tax system. There is no personal income tax, and the
corporate income tax rate is 30 percent. There are certain
tax benefits for local and foreignnvestment. The GOU grants
equal treatment to national and foreign investors.
2. Exchange Rate Policy
From 1991-2002, the government pursued an
exchange rate policy whose objective was to lower inflation.
During this period, the government allowed the peso/dollar
exchange rate to float within a certain range and kept the
peso’s depreciation under set parameters. In June
2002, the government allowed the peso to float freely against
the dollar, and the local currency depreciated 50 percent
through October. Although the sharp depreciation is expected
to foster exports, it is also hurting debtors’ ability
to honor their obligations and driving up inflation. Inflation,
which was 3.6 percent in 2001, is expected to rise to about
35 percent in CY2002. There are no restrictions on the purchase
of foreign currency or the remittance of profits abroad,
and foreign exchange can be freely obtained.
3. Structural Policies
Uruguay switched from an import-substitution
model to an export-led one in the early seventies, when
it launched tax reforms, liberalized foreign trade and the
financial sector, and opened the economy to foreign investment.
The three administrations that ruled in the nineties implemented
tight monetary and fiscal policies which slashed the size
and scope of the public sector, reduced inflation, and reformed
the pension system in a way that would lower the structural
government deficit in the long run.
The government owns, outright or partially,
companies in insurance, water supply, electricity, telephone
service, petroleum refining, airlines, postal service, railways,
and banking. These activities generate about 18 percent
of GDP and employ about 17 percent of the labor force. Privatization
is widely opposed by large segments of the population. In
December 1992, 72 percent of voters overturned the privatization
of the state-owned telephone company, ANTEL. Notwithstanding,
the government privatized various port services in 1992
and the natural gas company in 1994. In 1993 it allowed
for competition in insurance coverage (except for worker
compensation insurance). However, government regulation
of this sector remains uneven and the government-owned provider
still holds a large market share. The Batlle Administration
announced its intent to demonopolize worker compensation
insurance in the short-term. Water and sewage services are
almost entirely provided by the state-run company (OSE).
The Batlle Administration intends to foster
economic efficiency through demonopolization and the removal
of bureaucratic red tape. A budget law approved in February
2001 provides for the demonopolization of telecommunications
except for basic telephony, which remains a state monopoly.
The law also created the legal framework for the establishment
of regulatory agencies for telecommunications and electricity,
and levels the tax treatment of public and private firms.
In 2001, the GOU transferred operation of the country’s
sole container terminal to the private sector on a 30-year
build, operate and transfer system (BOT) basis. In September
2002, the government announced that it would permit the
private sector to build and operate 770 miles of road.
4. Debt Management Policies
Uruguay has a long-standing tradition of
prompt service of its external debt obligations. The only
exceptions to this practice occurred in the 1930s, when
the worldwide economic contraction led to the delay of some
payments, and in mid-1965, when the government-owned Banco
de la Republica went into arrears for a few months.
Net external debt decreased steadily as
a percentage of GDP from 1988-1998. However, the need to
finance higher budget deficits and the decline in GDP have
driven it upwards since 1999. As of June 2002, gross and
net external debt had amounted to 84 and 68 percent of GDP,
respectively. External debt is mostly public and dollar-denominated.
While all private sector debt is short-term (less than one
year), public sector debt generally has a longer maturity
(i.e. 57 percent of the total public debt matures after
the year 2007). Public debt is growing at an unsustainable
pace (22 percent from 1999 through June 2002), and some
analysts believe that, unless Uruguay cuts its public expenditures
drastically, the government may have to reschedule its debt
repayment.
In March 2002, the GOU signed a new stand-by
agreement with the IMF for US $800 million. The agreement,
which is valid until March 2004, was revised in June and
August and assistance was raised by US $2.0 billion. The
IMF hopes that the augmented assistance will help restore
confidence, ensure debt sustainability, and lay the foundation
for a resumption of growth and employment. Also in 2002
the Inter-American Development Bank and the World Bank disbursed
US$1.1 billion. The U.S. Government provided the Uruguayan
Central Bank with US $1.5 billion in bridge financing while
the international financial institutions’ assistance
packages were being set up.
5. Significant Barriers to U.S.
Exports
Certain imports require special licenses
or customs documents. Among these are pharmaceuticals, some
types of medical equipment and chemicals, firearms, radioactive
materials, fertilizers, vegetable products, frozen embryos,
livestock, bull semen, anabolics, sugar, seeds, hormones,
meat and vehicles. To protect Uruguay’s important
livestock industry, imports of bull semen and embryos also
face certain numerical limitations and must comply with
animal health requirements, a process that can take a long
time. Bureaucratic delays also add to the cost of imports,
although importers report that a “de-bureaucratization”
commission has improved matters.
Few significant restrictions exist in services.
The three U.S. banks that operate in Uruguay continue to
be very active. Restrictions on professional services such
as law, medicine or accounting are similar to most countries.
Persons with non-Uruguayan credentials who wish to practice
their profession in Uruguay must prove equivalent credentials
to those required of locals. Travel and ticketing services
are unrestricted.
There have been significant limitations
on foreign equity participation in certain sectors of the
economy. Investment areas regarded as strategic require
government authorization. These include electricity, hydrocarbons,
banking and finance, railroads, strategic minerals, basic
telephony and the press. Uruguay has long owned and operated
state monopolies in petroleum, railways, telephone service
and port administration. However, since 1991 the GOU has
demonopolized/privatized a number of activities (please
refer to Section 3).
Government procurement practices are well
defined, transparent, and closely followed. Bid awards,
however, often are drawn out and caught up in controversy.
Tenders are generally open to all bidders, foreign and domestic.
A government decree, however, establishes that local products
or services of equal quality to, and no more than ten percent
more expensive than foreign goods or services, shall be
given preference in government tenders. Among foreign bidders,
preference will also be given to those who offer to purchase
Uruguayan products. Uruguay has not signed the GATT/WTO
government procurement code.
Reference prices and a few remaining minimum
export prices were eliminated in 1994 and 2002, respectively.
In 2002, Uruguay imposed countervailing duties on some goods
to discourage imports from neighboring Argentina, whose
products had fallen dramatically in price following that
country’s December 2001 economic/political crisis.
6. Export Subsidies Policies
Uruguay adopted the WTO agreement on Subsidies
and Countervailing Measures by law but has not yet implemented
the agreement. The government provides a nine percent subsidy
to wool fabric and apparel producers using funds from taxes
on certain wool exports.
Enterprises that export vehicles (or motor
parts) wholly or partly constructed in Uruguay may benefit
from a customs concession, applicable to the importation
of motor vehicles assembled abroad.
7. Protection of U.S. Intellectual
Property
Uruguay is a member of the World Intellectual
Property Organization (WIPO) and a party to the Bern and
Universal Copyright Conventions. It is also a member of
the Paris Convention for the Protection of Industrial Property.
Uruguay adhered to the WIPO Copyright Treaty (WCT) and the
WIPO Performances and Phonograms Treaty (WPPT) in 1997 but
has not yet ratified them. Uruguay is presently at fault
before the World Trade Organization because of its failure
to upgrade its IPR regime before the January 1, 2000, deadline
provided to developing countries.
Currently, the most serious lack of IPR
protection comes from Uruguay’s failure to pass a
new, TRIPs-compatible copyright law. Uruguay’s copyright
law dates to 1937, and every administration in the past
15 years has sought to get a new copyright law approved.
As a consequence, Uruguay was downgraded to USTR’s
Special 301 Priority Watch List in 2001 and remains in that
position as of October 2002. The government presented a
new bill to Parliament in June 2002 and is striving harder
than ever to pass a new law since the lack of adequate copyright
legislation is the largest stumbling block in the U.S.-Uruguayan
trade and investment-related talks in which it has high
expectations. The latest bill meets most of U.S. industry’s
concerns.
Uruguay affords copyright protection to
artistic works, including movies, books, records, videos,
and software. Enforcement of copyright-related legislation
seems acceptable, albeit slow. Although the 1937 law does
not provide specific protection for software, jurisprudence
has consistently protected software and compilations of
data. The copyright industry has launched an aggressive
anti-piracy campaign and is working diligently to educate
judges who have already imprisoned a number of people. 2001
IIPA data estimate that about 66 percent of business application
and entertainment software (with an approximate value of
$6.4 million) is pirated. IIPA also calculated trade losses
of over US$8.0 million in 2001 from the piracy of videotapes,
records, music, and books. IIPA statistics show that piracy
levels for videotapes and music are 65 and 50 percent, respectively.
Patents are protected by law no. 17164,
which was passed in 1999. Invention patents have a twenty-year
term of protection from the date of filing. Patents of utility
models and industrial designs have a ten-year term of protection
from the date of filing and may be extended once for five
more years. The law provides for a lax definition of compulsory
licensing and a vague determination of the "adequate
remuneration" to be paid to the patent holder. Some
U.S. industry groups are unhappy with the law and believe
that its compulsory licensing requirements are not TRIPs-consistent.
The government approved a law in 1998 that
upgrades trademark legislation to TRIPs standards. Under
this law, the registration of a trademark lasts ten years
and can be renewed as many times as desired. It also provides
prison penalties of six months to three years to lawbreakers.
Registering a foreign trademark without proof of a legal
commercial connection with the trademark is no longer possible.
Enforcement of trademark rights is appropriate, and has
improved during the current administration as a result of
an intensive anti-smuggling campaign.
8. Worker Rights
a. The Right of Association: The constitution
guarantees the right of workers to organize freely and encourages
the formation of unions. Labor unions are independent of
government control.
b. The Right to Organize and Bargain Collectively:
Collective bargaining takes place on a plant-wide or sector-wide
basis, with or without government mediation, as the parties
wish.
c. Prohibition of Forced or Compulsory Labor:
Forced or compulsory labor is prohibited by law and in practice.
d. Minimum age for employment of children:
Children as young as 12 may be employed if they have a special
work permit. Children under the age of 15 may not perform
industrial jobs. Children under the age of 18 may not perform
dangerous, fatiguing, or night work apart from domestic
employment.
e. Acceptable Conditions of Work: There
is a legislated minimum monthly wage (US$40 as of October
2002). The minimum wage functions, however, more as an index
for calculating wage rates than as a true measure of minimum
subsistence levels, and it would not provide a decent standard
of living for a worker and his family. This wage is not
binding for the vast majority of economic sectors that pay
significantly higher salaries. The industrial and commercial
standard workweeks are 48 and 44 hours, respectively, with
overtime compensation. Workers are protected by health and
safety standards which appear to be adhered to in practice.
There are tax incentives for companies that hire young people.
f. Rights in Sectors with U.S. Investment:
Workers in sectors in which there is U.S. investment are
provided the same protection as other workers. In many cases,
the wages and working conditions for those in U.S.-affiliated
industries appear to be better than average.
Extent of U.S. Investment in Selected Industries
-U.S. Direct Investment Position Abroad on an Historical
Cost Basis- 1999
Category
Amount(Millions
of U.S. dollars)
Petroleum
(1)
Total Manufacturing
154
Food & Kindred Products
32
Chemicals & Allied Products
37
Primary & Fabricated Metals
0
Industrial Machinery and Equipment
1
Electric & Electronic Equipment
0
Transportation Equipment
3
Other Manufacturing
82
Wholesale Trade
67
Banking
231
Finance/Insurance/Real Estate
120
Services
(1)
Other Industries
16
TOTAL ALL INDUSTRIES
614
(1) Suppressed to avoid disclosing data
of individual companies. Source: U.S. Department of
Commerce, Bureau of Economic Analysis.