Student Manual - Learning Library Inc.
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Student Manual - Learning Library Inc.
Student Manual Europe & International Real Estate Copyright © 2010, NATIONAL ASSOCIATION OF REALTORS® IMPORTANT NOTE: The National Association of REALTORS®, its faculty, agents, and employees are not engaged in rendering legal, accounting, financial, tax, or other professional services through these course materials. If legal advice or other expert assistance is required, the student should seek competent professional advice. NATIONAL ASSOCIATION OF REALTORS® Global Business and Alliances 430 North Michigan Avenue Chicago, Illinois 60611 USA Telephone: 312-329-8376 Toll-free: 800-874-6500 (U.S.) Fax: 312-329-8358 [email protected] www.Realtor.org/global Contents Introduction .......................................................................................................................... 1 Course Learning Goal ................................................................................................................................ 2 Learning Objectives ................................................................................................................................... 2 Course Overview ....................................................................................................................................... 2 Earning the CIPS Designation .................................................................................................................... 4 Pre Quiz ..................................................................................................................................................... 5 1. Starting Point .................................................................................................................... 7 Map Quiz ................................................................................................................................................. 10 Countries Included in Study .................................................................................................................... 12 Review Key Concepts .............................................................................................................................. 13 Country Assessment Model .................................................................................................................... 14 2. Europe Today .................................................................................................................. 17 Two World Wars ..................................................................................................................................... 19 The Marshall Plan Sets the Stage ............................................................................................................ 20 North Atlantic Treaty Organization (NATO) ............................................................................................ 21 The Cold War........................................................................................................................................... 21 Revitalization of Central and Eastern Europe ......................................................................................... 23 European Union—“United in Diversity” ................................................................................................. 24 Eurozone and the European Central Bank .............................................................................................. 26 European Union Decision Making ........................................................................................................... 28 Council of Ministers and European Council ........................................................................................ 28 European Parliament .......................................................................................................................... 29 European Commission ........................................................................................................................ 30 Court of Justice.................................................................................................................................... 30 The EU Ombudsman ........................................................................................................................... 30 Treaty of Lisbon....................................................................................................................................... 31 Issues, Discussions, Trends for Real Estate Professionals ....................................................................... 33 Future Expansion .................................................................................................................................... 37 European Neighborhood Policy (ENP) ................................................................................................ 37 Turkey’s EU Membership? .................................................................................................................. 38 Russia–EU Common Spaces ................................................................................................................ 41 Council of Europe .................................................................................................................................... 41 3. Market Dynamics............................................................................................................. 43 Demographics ......................................................................................................................................... 44 Immigration a Solution?.......................................................................................................................... 45 Employment ............................................................................................................................................ 48 Europe 2020 ............................................................................................................................................ 50 Real Estate Trends—Residential ............................................................................................................. 52 8 Market Projections to Monitor ............................................................................................................ 54 Real Estate Trends—Commercial............................................................................................................ 55 12 Reasons Why You Need to Know ....................................................................................................... 57 Building Your European Real Estate Business Network .......................................................................... 58 European Real Estate Expositions and Events ........................................................................................ 59 4. Cultural Influences ........................................................................................................... 61 High Context and Low Context Cultures ................................................................................................. 62 Religious Heritage ................................................................................................................................... 63 Cultural Heritage ..................................................................................................................................... 67 Council of Europe Initiatives ................................................................................................................... 69 Cultural Heritage and Real Estate ........................................................................................................... 70 Eurobarometer—Public Opinion ............................................................................................................. 70 5. A Look at France .............................................................................................................. 75 Geography and Structure ........................................................................................................................ 76 Economy.................................................................................................................................................. 77 Real Estate Professionals in France......................................................................................................... 78 Transaction Steps .................................................................................................................................... 80 Mortgage Financing ................................................................................................................................ 83 Residential Real Estate ............................................................................................................................ 84 Commercial Real Estate .......................................................................................................................... 85 Real Estate Data Sources......................................................................................................................... 86 Rental Properties .................................................................................................................................... 86 The French Court System ........................................................................................................................ 88 What the Real Estate Professional Should Know About Government.................................................... 89 French Taxes—Income, Real Estate, Capital Gains, and More ............................................................... 91 Défiscalisation ......................................................................................................................................... 94 Doing Business in France—Beyond the Basics ........................................................................................ 95 Holidays ................................................................................................................................................... 97 Key Contact ............................................................................................................................................. 97 6. A Look at Germany .......................................................................................................... 99 Geography and Structure ...................................................................................................................... 100 The Modern State of Germany ............................................................................................................. 101 Germany—Logistics Center of Europe .................................................................................................. 104 Germany—Unified and Still Divided? ................................................................................................... 104 Economy................................................................................................................................................ 107 Real Estate Professionals in Germany................................................................................................... 108 Transaction Steps .................................................................................................................................. 109 Residential Real Estate .......................................................................................................................... 111 Commercial Real Estate ........................................................................................................................ 113 Real Estate Information Web Sites ....................................................................................................... 115 Court System in Germany ..................................................................................................................... 116 What the Real Estate Professional Should Know About Government.................................................. 117 German Taxes—Income, Real Estate, Capital Gains, and More ........................................................... 119 Beyond the Basics—Doing Business in Germany .................................................................................. 124 Holidays ................................................................................................................................................. 126 Key Contact ........................................................................................................................................... 126 7. A Look at Russia............................................................................................................. 127 Geography ............................................................................................................................................. 128 Dissolution of the Soviet Union ............................................................................................................ 131 Economy................................................................................................................................................ 133 Real Estate Professionals in Russia ....................................................................................................... 137 Buying Real Estate ................................................................................................................................. 138 Residential Real Estate .......................................................................................................................... 139 Commercial Real Estate ........................................................................................................................ 142 Judicial System ...................................................................................................................................... 144 What the Real Estate Professional Should Know About Government.................................................. 145 Russian Taxes—Income, Capital Gains, Real Estate, and More ............................................................ 148 Doing Business in Russia—Beyond the Basics ...................................................................................... 149 Holidays ................................................................................................................................................. 151 Key Contact ........................................................................................................................................... 151 8. Country Profiles ............................................................................................................. 153 Bulgaria ................................................................................................................................................. 154 Czech Republic ...................................................................................................................................... 158 Denmark ................................................................................................................................................ 163 Greece ................................................................................................................................................... 168 Hungary ................................................................................................................................................. 173 Latvia ..................................................................................................................................................... 178 Poland ................................................................................................................................................... 181 Spain ...................................................................................................................................................... 186 United Kingdom .................................................................................................................................... 190 Resources .......................................................................................................................... 196 Web Sites .............................................................................................................................................. 197 Major Newspapers Online .................................................................................................................... 199 Economic Rankings by GDP ................................................................................................................... 200 Post-WWII Economic Organizations ..................................................................................................... 201 Development of the European Union ................................................................................................... 201 Interpreting Country Assessment Model Data ..................................................................................... 202 Europe & International Real Estate Introduction 1 Europe and International Real Estate Course Learning Goal The goals of the CIPS Europe and International Real Estate course are to provide: Knowledge of the European real estate marketplace Methods for researching, analyzing, and applying market information Skills for facilitating real estate transactions in European markets Recommendations for building key contacts in real estate organizations, commerce, and government Learning Objectives Review key concepts for calculating relative values of currency and property Identify the social, political, and geographical characteristics of European countries Recognize how formation and development of the EU impacts member countries economically and culturally Develop market intelligence by researching factors that shape European real estate markets and assessing business opportunities Develop a network of key contacts in real estate, business, and government in order to reach clients and customers and complete property transactions Gain ideas on methods for promoting markets, properties, and services Course Overview Chapter 1: Starting Point Test your European geography IQ and review key concepts from Global Real Estate: Transaction Tools. Chapter 2: Europe Today A configuration of commerce and trade alliances, treaties, and agreements connect European countries to each other and neighbors. 2 Introduction The overview chapter describes how these agreements and institutions shape Europe’s business environment. Chapter 3: Market Dynamics Develop market intelligence by looking at influential trends and forces. The chapter also includes guidance for building a network of key contacts. Chapter 4: Cultural Influences Although united through the European Union and Eurozone, distinct cultural characteristics distinguish European countries—south to north and east to central to west. Plus, two of the countries in this study—Turkey and Russia—span both Europe and Asia. This chapter helps the real estate professional acquire cultural know-how for doing business in Europe. Chapter 5: A Look at France An in-depth look at business, government, and real estate in France. Chapter 6: A Look at Germany An in-depth look at business, government, and real estate in Germany. Chapter 7: A Look at Russia An in-depth look at business, government, and real estate in the Russia. Chapter 8: Country Profiles The concluding chapter provides snapshot views of doing business in the other European countries that are part of NAR’s Cooperating Association network. Exam A 25-question open-book (unless closed-book is required for continuing education credit) multiple-choice exam concludes the course. The exam tests and reinforces achievement of the course’s learning objectives. Successful completion is 80 percent, a total of 20 correct answers. Activities and Class Procedures This course contains a variety of activities designed to involve students, such as work group assignments, exercises, and discussions. Students are strongly encouraged to ask questions and engage in class discussions and 3 Europe and International Real Estate group exercises. The range of experience levels among students offers a rich opportunity for learning from peers. Your active involvement enriches the learning experience for yourself and others. Earning the CIPS Designation The NATIONAL ASSOCIATION OF REALTORS® awards the Certified International Property Specialist (CIPS) designation to REALTORS® who complete the required coursework and demonstrate international real estate experience. The CIPS course curriculum is the foundation for a worldwide network of real estate professionals in 59 countries. Course Requirements Global Real Estate: Local Markets Global Real Estate: Transaction Tools Three of the following elective courses: Europe and International Real Estate Asia/Pacific and International Real Estate The Americas and International Real Estate Africa/Middle East and International Real Estate At Home with Diversity International Real Estate Experience For up-to-date information on experiential requirements and a designation application form, go to www.Realtor.org/global. 4 Introduction Pre Quiz Circle true or false. 1. All European countries use the euro. 2. Although one of Europe’s most influential countries, Switzerland is not a member of the European Union. 3. All of Europe is in the same time zone. 4. Russia is a major supplier of energy for other European countries. 5. Finland experiences 24-hour daylight during the summer months. 6. The Republic of Ireland is part of the United Kingdom. 7. The Berlin Wall divided Germany from Poland. 8. Russia and the United States were allies during World War II. 9. A goal of the Marshall Plan was to revitalize European commerce following World War II. 10. The symbol for the euro is £. 11. The Ural Mountains are generally considered part of the dividing line between Europe and Asia. True False True False True False TrueFalse True False True False True False True False True False True False True False 5 Europe and International Real Estate 12. Benelux refers to the luxury real estate market in Bulgaria, Estonia, and the Netherlands. 13. The European Central Bank controls monetary policy for the Eurozone. 14. In England, real estate professionals are referred to as estate agents. 15. The European Union sets standards for real estate licensing among member countries. 16. The most densely populated country in Europe is Monaco. 17. The largest city in Europe is Berlin. 18. The Iberian peninsula includes Iceland, Ireland, and Italy. 19. About one-quarter of the Netherlands lies below sea level. 20. The 12 stars on the EU flag represent the original 12 member states. 6 True False True False True False True False True False True False True False True False True False Europe & International Real Estate 1. Starting Point 7 Europe and International Real Estate Europe is both a source of and a prime destination for international real estate investment. As we learned in Global Real Estate: Local Markets, Germany, the U.K., and France are leaders in both inbound and outbound international real estate investment—for investment, vacation and retirement homes, and business operations. London and Paris rank high in global cities for real estate investment and the U.K. ranks high for providing the best opportunity for capital appreciation. Western Europe’s orderly markets and property rights protection create the security and stability that investors seek. 35% Ranking of Global Cities for Real Estate Investments 30% 25% 20% 2007 15% 2008 10% 2009 5% 0% London Washington New York DC Paris Tokyo Shanghai Source: Association of Foreign Investors in Real Estate, www.afire.org In contrast, market institutions and real estate practices in former communist and Europe’s neighboring countries are in stages of development. Although risk levels are higher, “ground-floor” opportunities offer large profit potential according to the Association of Foreign Investors in Real Estate (AFIRE). Turkey and Russia, for example, rank as emerging countries investors are considering for future real estate acquisitions. 8 1. Starting Point Emerging Countries Considered for Real Estate Acquisitions Russia Turkey 2010 Mexico 2009 India Brazil China Source: Association of Foreign Investors in Real Estate, www.afire.org Successful participation in the global real estate market requires not only market expertise, but also knowledge of the social, political, cultural, and geographic aspects of countries and regions. In this course, we will use elements from the Country Assessment Model, introduced in the Global Real Estate: Transaction Tools course, to learn about the countries included in this study. If needed, your instructor may review the calculations involved in converting currencies and metric measurements. Let’s begin by testing our knowledge of European geography and facts. 9 Europe and International Real Estate Map Quiz 27 11 6 37 2 3 14 16 9 5 21 20 18 23 38 7 1 34 25 30 22 19 13 33 28 35 12 15 24 8 29 17 26 10 40 10 36 4 31 32 39 1. Starting Point Test your European geography IQ. Match these countries with the corresponding number on the map. Write your answer in the space provided. Albania *Ireland *Austria *Italy Belarus *Latvia *Belgium Lithuania Bosnia & Herzegovina Malta *Bulgaria Moldova Croatia *Netherlands Cyprus *Norway *Czech Republic *Poland *Denmark *Portugal *England *Romania Estonia *Russia *Finland Serbia *France *Slovakia FYROM Slovenia Georgia *Spain *Germany *Sweden *Greece *Switzerland *Hungary *Turkey Iceland *Ukraine * Country included in this study 11 Europe and International Real Estate Countries Included in Study This study concentrates on the 26 European countries where NAR has cooperating agreements with national real estate associations. The cooperating agreement relationships form the foundation for the CIPS Network and put you in touch with real estate professionals around the world. Austria Belgium Bulgaria Czech Republic Denmark Finland France Germany Greece Hungary Ireland Italy Latvia Netherlands Norway * Poland Portugal Romania Russia * Slovak Republic Spain Sweden Switzerland * Turkey * Ukraine * United Kingdom * Non-EU member country Not Included Albania Andorra Armenia Azerbaijan Belarus Bosnia & Herzegovina Croatia Cyprus † † EU member country 12 Estonia FYROM. (Macedonia) Georgia Iceland Kosovo Liechtenstein Lithuania Luxembourg † Malta † Moldova Monaco Montenegro San Marino Serbia Slovenia † Vatican City 1. Starting Point Review Key Concepts Country Assessment Model The Country Assessment Model leads you through the process of compiling a dossier of market data. Information on interpreting the data and identifying favorable characteristics follows. As you use this model to research, organize, and evaluate market information, keep in mind that: Data may not be readily available for each point of the checklist. You can decide how much detail to seek and how much time to spend pursuing it. Ongoing research keeps data up to date. Currency, Area, Time Conversion The quick-reference worksheet on page 15 recaps calculations of exchange rates and metric measures. CIPS designees can download an exclusive customized app for performing these calculations. The app also includes a language translator. Exclusive for CIPS Designees Download this custom widget to a Smartphone or PC for one-stop 140-word translation, currency, area, and time conversion combined in one application. Upon completion and approval of the CIPS designation application , designees receive a link to this app. Or, e-mail NARglobe @realtors.org 13 Europe and International Real Estate Country Assessment Model Geography Economy and Business □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Major cities, states, provinces, colonies Climate, terrain, borders, and coastlines Unique features Environmental issues and agreements Natural resources Real Estate □ □ □ □ □ □ □ □ □ □ □ □ □ □ Market size Private property rights Foreign ownership Acquisition costs, fees, and taxes Transaction support: MLS, records access Rental property: commercial, residential, office Land use regulation, zoning, permits Financing Brokerage practices and agent licensing Forms of ownership Role of the notary Investment returns and value appreciation Commercial trends Home ownership rates and housing trends Economic philosophy and monetary policy Base industries Currency and exchange trends Inflation, recession, and GDP trends Unemployment Major trading partners and alliances Exports and imports Trade balance Trade and capital flow restrictions Wage and price controls Business infrastructure Market access—internal and external Infrastructure □ □ □ □ □ □ □ Electricity and water supplies, waste management Transportation and shipping: airports, ports, waterways, railways, roads Banking, ATMs, credit cards Technology usage Internet access Communications and media Institutions: medical, educational, religious Demographics □ □ □ □ □ Population: size, age, density, trends Consumption and savings rates Per capita income Languages and literacy Labor force composition (service, industry, agriculture) and overall skill level Beyond the Basics Government □ □ □ □ □ □ □ □ □ Networking and Key Contracts □ □ □ □ □ 14 Type, structure, tenure, and stability Tax laws and rates (citizens, foreigners, corporate, capital, inheritance, tax treaties) Legal system and court structure Constitution, legislature, regulatory structure Major political parties and elections Voting rights Administrative structure and bureaucracy □ □ □ □ Ethnic composition Business impact of religion and culture Business and social behavior Traditions Holidays Negotiation and decision-making styles Mistakes to avoid Potential clients and customers: corporate, commercial, individual, local, and foreign Business and professional connections Real estate organizations Real estate expositions and events 1. Starting Point 1. Convert home currency to foreign currency X 1. Convert foreign currency to home currency = = Home currency x exchange rate = foreign currency Foreign currency exchange rate = home currency US dollars to Euros: US$1,500 X .8261 = €1239.15 Chinese Yuan to Euros: Y14,000 X .1174 = €1643.60 Euros to US dollars: €1239.15 .8261= US$1,500 Euros to Chinese Yuan: €1643.60 .1174 = Y14,000 2. Convert square feet to square meters and price per unit of area 2. Convert square meters to square feet and price per unit of area SF 10.7639 = M2 square feet 10.7639 = square meters 12,916 square feet 10.7639 = 1,200 square meters $SF X 10.7639 = $M2 M2 X 10.7639 = SF square meters x 10.7639 = square feet 1,200 square meters X 10.7639 = 12,916 square feet $M2 10.7639 = $SF Price per square foot x 10.7639 = price per square meter 2 US$50 per square foot x 10.7639 = US$538.19 per M Price per square meter 10.7639 = price per square foot 2 $5,374.63 per M 10.7639 =$499.32 per square foot 3. Convert the time period—month to annual 3. Convert the time period—annual to month Price per month X 12 Price per = year Price per month x 12 = price per year 2 2 US$538.20 per M x 12 = $6,458.40 per year per M Price per year 12 Price per = month Price per year 12 = price per month $499.32 12 = $41.61 per month per square foot Put it all together The rental rate on an office space in Paris is quoted at €500 per square meter per month. Your U.S. client would like to know the equivalent price in dollars per square foot per year. 1. Currency €500 .8261 = US$605.25 per M2/month 2. Area US$605.25 10.7639 = US$56.22 per square foot per month 3. Time US$56.22 X 12 = US$674.64 per square foot per year An alternate method for calculating an equivalent currency value is multiplying by the reciprocal. Divide 1 by the exchange rate to calculate the reciprocal. Reciprocal exchange rate 1 = R 1 foreign currency exchange rate = reciprocal Foreign currency x reciprocal = home currency €1 .8261 = $1.21, €500 x 1.21 = US$605 15 Europe and International Real Estate The Next Chapter Now that we have observed Europe’s geography, let’s take a look at how the countries are allied through trade, treaties, and governing structures. In particular, we will examine the composition and influence of the European Union and Eurozone. Notes: 16 Europe & International Real Estate 2. Europe Today 17 Europe and International Real Estate 18 2. Europe Today The boundaries that define Europe are a flexible concept. Geographers generally accept that the Ural Mountains, Ural River, Caspian Sea, Black Sea and Straits of Bosporus, bisecting the city of Istanbul, comprise the Europe-Asia dividing line. Unlike other clearly defined continents, Europe and Asia share a single Eurasian land mass. Russia and Turkey, for example, span both continents. Countries such Armenia, Georgia, and Azerbaijan have European-rooted cultures with little in common with their Asian neighbors. Iceland, a candidate for EU membership, marks the western-most edge. The concept of Europe in the 21st century is perhaps shaped most decisively by its integrating institution—the European Union (EU). Through its commissions and committees, judicial, legislative and regulatory powers, and outreach initiatives, the European Union creates the economic and business environment within which real estate transactions occur. In order to understand 21st century Europe and the development of the EU, we will start with a look at some of the formative events and structures that created today’s Europe. Two World Wars World War I, the “War to end all Wars”, devastated large swaths of Europe along the Western Front from the border of Switzerland to the North Sea, redrew the map of Europe, and set the stage for WWII. When the 1919 Treaty of Versailles brought WWI hostilities to a close, the victorious allies, determined to recoup the costs of warfare as well as punish their defeated foes, demanded harsh reparation payments. In addition to reparation payments, Germany lost portions of its territory to Poland and Czechoslovakia and was prohibited from uniting with Austria. Post-War deprivations and unrest in Russia created fertile ground for the revolution that gave rise to Lenin and the modern communist state of the USSR. Remnants of the defeated Austria-Hungarian Empire—Croatia, Serbia, Montenegro, FYROM (Macedonia), Bosnia and Herzegovina, and Slovenia—were absorbed into the modern state of Yugoslavia only to become a satellite state of the post-WWII Soviet Union. Many historians believe the combination of treaty conditions and punitive war reparations stoked nationalistic fervor that gave rise to Hitler and the Nazi party. At the time of the Versailles Treaty talks, along with many others, noted economist John Maynard Keynes, acting as financial representative to the treaty talks for Great Britain’s Treasury, 19 Europe and International Real Estate warned against the consequences of such severe measures. Indeed, following the 1938 annexation of Austria and the Sudetenland territory ceded to Czechoslovakia, Hitler’s September 1939 invasion of Poland was the tripwire that began WWII. The Marshall Plan Sets the Stage At the conclusion of WWII, the cities and countryside of Europe laid in ruins. Most infrastructure and industrial capacity were destroyed, and a large portion of the civilian population displaced. Across the Atlantic, the United States emerged from the War with its industrial capacity stronger than ever but lacking its primary European export market. The Marshall Plan sought to remedy both challenges and set the stage for European integration. The architect and outspoken advocate of the plan was George Marshall, Secretary of State during the Truman administration. His 1947 Harvard University commencement speech drew a stark picture of Europe, with its cities reduced to rubble and its people homeless and on the brink of starvation. When a Soviet-backed coup replaced Czechoslovakia’s democratically elected government with a communist regime, initial Congressional resistance dissipated. The subsequent introduction of the Truman Doctrine committed “economic and military support to…any country threatened by communism.” Poster created by the U.S. Economic Cooperation Administration to promote the Marshall Plan. Flags of all participating countries are included. The stated goals of the Marshall Plan, which lasted for four years (1948– 1951), were to promote European production, bolster European currencies, and facilitate international trade. Unofficially, the plan aimed to check the spread of Soviet influence and communism in Western Europe. The influx of financial aid enabled participating countries to relax austerity measures, such as food rationing, and rebuild employment, thus lessening the social discontent 20 2. Europe Today that nascent communist movements could exploit. By 1952, the end point of the Marshall Plan, every participating country had rebuilt economic strength surpassing pre-War levels; on average industrial output levels were 35 percent higher than in 1938. The participating European countries formed a coordinating group to administer the plan, the Organization for European Economic Cooperation, the predecessor to today’s Organization for Economic Cooperation and Development (OECD). The experiences of working together to implement the Marshall Plan provided valuable practice for forming the structures that would evolve into the European Union: the European Coal and Steel Community and the Common Market. The Marshall Plan was a prelude to not only to the integration of Europe but also the Cold War. Aid was offered to all major European countries except Spain, under the Franco dictatorship, and Germany; in 1949 West Germany became a recipient of assistance. Russia rejected Marshall Plan aid for itself and also pressured Eastern bloc countries to refuse it. Consequently, these countries’ economies lagged significantly behind those of Western European countries. Rejection of the offer by Russia and Eastern bloc countries presaged Cold War alignments. North Atlantic Treaty Organization (NATO) The NATO mutual defense pact, formed in 1949 by WWII European allies and the United States, links the security of North America and Europe. The treaty states simply “agreed that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all.” NATO remains the principal security instrument of the transatlantic community and expression of its common democratic values. In addition to its traditional defense role, NATO leads the UNmandated International Security Assistance Force (ISAF). Since the disbanding of the Warsaw Pact alleviated the potential for armed conflict in Europe, NATO’s role has evolved to emphasize strengthening transatlantic relations and facilitating further integration among the nations of Europe. It has added new members seven times since the 1949 formation and now comprises 26 members in Europe plus Canada and the United States. The Cold War 21 Europe and International Real Estate Following cessation of WWII hostilities, the Western allies—England, France, and the United States—gradually withdrew from occupied territories and reunited three-quarters of Germany into West Germany. Russia, under the leadership of Stalin, feared future invasions and sought to create a buffer zone of annexed and satellite states. Following the doctrines of Lenin, Stalin viewed the Soviet Union as surrounded by hostile countries whose capitalistic economies and democratic governments would inevitably fail. He viewed diplomacy as a means to drive a wedge between enemies and foment revolutionary upheavals abroad. The allies, in particular the United States, sought to contain the spread of Soviet communism and influence. These two diametrically opposed aims instigated the era of the Cold War. The Iron Curtain, a term coined by Winston Churchill, defined unequivocally the line between Eastern and Western Europe. It enclosed Estonia, Latvia, Lithuania, Poland, East Germany, Czechoslovakia, Hungary, Romania, Yugoslavia, Bulgaria, and Albania. The countries of Georgia, Ukraine, Moldova, and Belarus were absorbed into the Soviet Union. The United States and Russia—the primary opposing countries—never participated directly in armed hostilities. They played out their mutual enmity through proxy wars— Korea, Vietnam, and Afghanistan—threats, espionage, propaganda, arms buildup, the Space Race, and competition for loyalty of nonaligned countries. Although opinions differ on an exact starting date of the Cold War, the series of events November 9, 1989. Berliners gather at the between July and December 1991 brought it Brandenburg Gate to celebrate the fall of the Berlin to a sudden end. In July 1991, the Warsaw Wall. Photo courtesy of European Commission Pact formally dissolved. That same month Audio Visual Services archive. the United States and Russia signed the Strategic Arms Reduction Treaty (START), prompting President George H.W. Bush to declare the end of the Cold War. In December 1991, the Soviet Union officially dissolved and on Christmas Day the Russian Federation’s flag flew over the Kremlin in place of the former Soviet flag. During the Cold War era, Europe united militarily under NATO as well as economically through the EU. When the Soviet Union dissolved and its satellite states broke free of communist-party ideologies, Eastern Bloc countries, including Russia, faced the daunting task of transferring state22 2. Europe Today owned commercial and residential property into private hands as well as developing orderly markets and commerce. A groundswell of pent-up entrepreneurship swept through East and Central Europe. Revitalization of Central and Eastern Europe On November 9, 1989, the Berlin Wall fell and unleashed a transformative cascade of events that would revitalize Central and Eastern Europe. Between 1989 and 1991, a wave of nonviolent revolutions swept through Eastern Bloc states, freeing hundreds of millions of people from Soviet control. Some of the revolutions were won at the ballot box as voters ousted communist regimes. Others were won in the streets by protest demonstration, such as Czechoslovakia’s Velvet Revolution or the Baltic States’ Singing Revolution and Baltic Way—when protesters joined hands to form a 600 kilometer human chain stretching from Tallinn to Vilnius. Within two years, 20 new or revitalized nations emerged, including Russia, a reunified Germany, and 14 newly independent nations created from the dismantled Soviet Union. When Russian President Gorbachev launched the perestroika (reform) and glasnost (transparency) policies, it is unlikely that he intended, or expected, the dissolution of the Eastern Bloc, Warsaw Pact, and ultimately the Soviet Union to follow. When Poland’s 1989 elections ousted the communist party, President Gorbachev refused to use military action to annul the results. This signal, that Russia would not deploy the Red Army to quell opposition, launched popular uprisings in Eastern Bloc countries. Communist regimes collapsed in rapid, acquiescent succession. Only Romania experienced bloodshed on the way to freedom. At the time, popular wisdom held that because no precedent existed for transforming a nation from a communist to a capitalistic economy, gradual reforms were better than scrapping the old system and starting over from scratch. The argument for gradual reform was a legitimate rationale for the growing pains of newly formed democratic nations and market economies. But too often, corrupt bureaucrats-turned-oligarchs used the gradual reform argument to exploit confusion and snatch up state-owned businesses and properties at little or no cost. Two decades later, countries such as the Baltic States and Central Europe that opted for a “big bang” approach to economic transformation have surpassed economically and socially those that chose a path of gradual or limited reform, such as Russia, Albania, Romania, Georgia, and other former 23 Europe and International Real Estate USSR states.1Ultimately, many of the Eastern Bloc and former Soviet states allied with NATO and sought membership in the European Union. European Union—―United in Diversity‖ The European Union is a unique economic and political partnership between 27 democratic European countries. Although not a federation, like the states of the United States or Canada, it is far more than a loose confederation. Its governing structures and decision-making processes continue to evolve. True to its motto, United in Diversity, the European Union strives to provide “peace, prosperity and freedom for its 498 million citizens—in a fairer, safer world.”2 “Four Freedoms” form the fundamental principle of the EU—free movement of goods, capital, services, and people. These freedoms enable the free flow of the economic factors that create prosperity for member countries and wealth for citizens. Poster commemorating Europe Day, May 9. The EU fosters political and economic stability, economic and social balance, and the rule of law. It also facilitates communication channels outside of diplomacy and politics. EU admission requires unanimous approval of the existing member states. Candidates must have: Stable institutions guaranteeing democracy, rule of law, human rights, and respect for and protection of minorities A functioning market economy The ability to take on EU membership responsibilities including public administrative institutions capable of implementing EU laws and regulations 1 OlehHavrylyshyn, “Fifteen Years of Transformations in the Post-Communist World, Rapid Reformers Outperformed Gradualists,” Development Policy Analysis, No.4, Center for Global Liberty and Prosperity, Cato Institute, Washington, D.C., www.cato.org. 2 Europa, Web site of the European Union, www.europa.eu. 24 2. Europe Today European Union Milestones 1951 European Coal and Steel Community (ECSC) established by Belgium, France, Italy, Luxembourg, Netherlands, and West Germany. 1957 The 6 ECSC member nations sign the Treaty of Rome forming the European Economic Community (EEC). 1973 Denmark, Ireland, and the United Kingdom join the EEC. 1979 Direct elections of delegates to the European Parliament replace appointed representatives. 1981, 1986 Greece, Spain, Portugal join the EEC bringing the number of member states to 12. 1993 Establishment of single market based on four freedoms—movement of people, goods, services, and money. 1993 Treaty of Maastricht establishes the European Union. 1995 Austria, Finland, and Sweden join the EU. 2002 Euro currency introduced. 2004 Ten new members—Czech Republic, Cyprus, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia—join the European Union. 2007 Romania and Bulgaria join the EU bringing the total membership to 27 countries. Croatia, FYROM, and Turkey are candidates. 2009 Treaty of Lisbon streamlines decision making and increases citizen and national parliament participation. Professional Services Directive, replacing country of origin principle, mandates recognition of professional qualifications. 2010 Europe 20/20/20 sets new targets for energy efficiency and sustainability. Schengen Agreement—Freedom of Movement Most EU countries participate in the Schengen Agreement, which allows unrestricted travel. Citizens of Schengen Agreement countries do not have to show a passport when crossing borders between signatory states, whether travelling for professional or private reasons. The United Kingdom and Ireland, however, opted out of the Agreement and maintain their own border controls; a Common Travel Area pact between the U.K. and Ireland permits its citizens free movement between these two 25 Europe and International Real Estate countries. All of the Schengen countries are participants in the U.S. Visa Waiver Program except Poland. Eurozone and the European Central Bank Within the European Union, the 16 countries that use the euro currency comprise the Eurozone (see page 27). Estonia will join the Eurozone in 2011. Eurozone monetary policy is determined and implemented by the European Central Bank (ECB) based in Frankfurt. By policy, the ECB seeks to maintain price stability and keep inflation under 2 percent based on its “Harmonised Index of Consumer Prices” (HICP). The role of the ECB is to: Formulate and implement of Eurozone monetary policy Conduct foreign exchange operations Hold and manage foreign reserves of the euro area countries Promote smooth operation of systems and processes for prompt settlement of bank transactions In the spring of 2010, as Greece’s economy teetered on the edge of default, economists around the world wondered about the future of the euro. At that time, the ECB took the unprecedented action of buying up some of Greece’s sovereign debt in an effort to shore up the euro. Each Eurozone country has a representative on the ECB Governing Council which meets twice a month at the Frankfurt headquarters. 26 2. Europe Today Chart Pop. millions EU € NATO NATO Council of Europe Schen -gen Albania * 3.6 P Austria 8.2 EU Belarus* 9.6 Belgium 10.4 EU Bosnia Herz* 4.6 P Bulgaria * 7.1 EU NATO CoE Croatia * 4.4 C NATO Cyprus 1.1 EU Czech Rep* 10.2 EU NATO CoE SCH VWP Denmark 5.5 EU NATO CoE SCH VWP Estonia *† 1.2 EU € NATO CoE SCH VWP Finland 5.2 EU € CoE SCH VWP France 64 EU € NATO CoE SCH VWP FYROM * 2 C Georgia € CoE 4.6 Council of Europe Schen -gen R® VWP 3.5 EU NATO CoE SCH VWP Luxembourg .49 EU € NATO CoE SCH VWP Malta .40 EU € CoE SCH VWP Moldova * 4.3 CoE Monaco .30 CoE SCH VWP CoE Montenegro* .66 P CoE Netherlands 16.7 EU R® Norway 4.6 R® Poland * 38.4 Portugal R® R® CoE SCH VWP VWP R® R® R® CoE CoE € NATO CoE SCH VWP R® NATO CoE SCH VWP R® EU NATO CoE SCH 10.7 EU € NATO CoE SCH Romania * 22.1 EU NATO CoE R® Russia * 139.3 CoE R® CoE Serbia* 7.3 P CoE Slovakia * 5.4 EU € NATO CoE SCH VWP 2 EU € NATO CoE SCH VWP 40.5 EU € NATO CoE SCH VWP R® 9 EU CoE SCH VWP R® CoE SCH VWP EU € NATO CoE SCH VWP R® Slovenia * Greece 10.7 EU € NATO CoE SCH VWP R® Spain Hungary * 9.8 EU NATO CoE SCH VWP R® Sweden Iceland .3 P NATO CoE SCH VWP Ireland 4.2 EU € NATO CoE Italy 58 EU € NATO CoE Latvia * 2.2 EU NATO CoE € = Eurozone € NATO Lithuania * SCH 82 Germany *(east) EU .35 CoE € millions Liechtenstein CoE € NATO Pop. R® C = EU Candidate VWP = U.S. Visa Waiver Program Participant Switzerland 7.6 VWP R® Turkey 77.8 SCH VWP R® Ukraine * 45.5 SCH VWP R® U.K. 66.2 C EU R® VWP R® CoE NATO NATO P = Potential EU Candidate *Former Eastern Bloc or USSR R® = NAR Cooperating Association R® CoE R® CoE R® CoE VWP R® † Eurozone, Jan. 2011 27 Europe and International Real Estate European Union Decision Making EU-27 Population (millions) Council of Ministers Parliament The European Union decision-making process involves three institutions: Council of Ministers, European Parliament, and the European Commission. Germany U.K. France Italy Spain Poland Romania Netherlands Greece Belgium Czech Rep. Portugal Hungary Sweden Austria Bulgaria Denmark Slovakia Finland Ireland Lithuania Latvia Slovenia Estonia Cyprus 82 66.2 64 58 40.5 38.4 22.1 16.7 10.7 10.4 10.2 10.7 9.8 9 8.2 7.1 5.5 5.4 5.2 4.2 3.5 2.2 2 1.2 1.1 29 29 29 29 27 27 14 13 12 12 12 12 12 10 10 10 7 7 7 7 7 4 4 4 99 78 78 78 54 54 35 27 24 24 24 24 24 19 18 18 14 14 14 13 13 9 7 6 4 6 Luxembourg Malta .49 .4 4 3 6 5 495.19 345 785 Totals 28 Council of Ministers and European Council The Council of the European Union, commonly called the Council of Ministers or the Consilium, is the primary decision-making body. It consists of one minister from each member county; which minister attends depends on the agenda topic, such as agriculture, foreign affairs, housing, or environmental issues. Most decisions require a simple or qualified majority (255 votes out of 345), but decisions on new EU members require unanimity. The number of votes per member country is proportional to population. For example, Germany, France, Italy, and the U.K. each have 29 votes while smaller countries, such as Belgium, Hungary, Czech Republic, Greece, and Portugal each have 12 votes. Any member state may ask for confirmation that a favorable vote on a decision represents at least 60 percent of the EU’s total population; for example, the combined populations of Germany, France, Italy, the U.K., and Spain exceed the 60 percent mark. The 2007 Treaty of Lisbon will gradually reapportion and reduce the Parliament to 751 members. When the Council meets at the Head-of-State level, it becomes the European Council. Although the European Council does not have any formal voting power or the ability to propose legislation, it provides impetus for decisions, shapes policies, and settles difficult issues on which the Council of Ministers cannot agree. 2. Europe Today European Parliament Citizens of member states select their European Parliament representatives by direct election, with the number of representatives in proportion to the country’s population. Representatives serve a five-year term. The EU Parliament employs three decision-making procedures: Cooperation: provides its opinion on draft directives proposed by the Commission. Assent: gives its assent to international agreements negotiated by the Commission and any EU enlargement. Co-Decision: can veto, by majority vote, Council-proposed legislation on specific issues such as education, movement of workers, consumer protection, environment, and similar issues. European Parliament delegates sit in political groups, not national delegations. A delegate can belong to only one political group. Although political groups discuss legislation and form a consensus before a Parliamentary vote, individual members cannot be forced to vote in a particular way. Logo Political Grouping of the European Parliament Members European People’s Party/Christian Democrats 265 Progressive Alliance of Socialists and Democrats in European Parliament 184 Alliance of Liberals and Democrats for Europe 85 Greens/Europe Free Alliance 55 European Conservative and Reformists Group 54 Confederal Group of the European Union United Left—Nordic Green Left 36 Europe of Freedom and Democracy Group 30 Non aligned 28 29 Europe and International Real Estate European Commission The European Commission, the third component of the EU’s decisionmaking triangle, functions as the executive arm of the EU. The Commission oversees implementation by member states of the regulations and directives approved by the Council and Parliament and also manages program and policy budgets. A civilservice workforce employed by 46 directorates-general (DG) and services supports the 27-member Commission (one Commissioner from The European Parliament in session. Photo courtesy each member country). of European Commission Audio Visual Services. Most of the EU’s civilservice workforce is based in Brussels or Luxembourg. If needed, the Commission is empowered to take a noncomplying member state to the EU Court of Justice to force implementation. Court of Justice The European Union’s Court of Justice, based in Luxembourg, carries the responsibility for assuring consistent interpretation and implementation of EU legislation by member states. The Court also settles disputes between EU members. Within the Court structure, a Court of First Instance hears complaints brought by individuals and companies and a Civil Service Tribunal adjudicates disputes between the EU and its civilservice workforce. The EU Ombudsman The Maastricht Treaty establishing the European Union also mandated creation of an EU Ombudsman, which is based in Strasbourg. The Ombudsman investigates “complaints of maladministration” on the part of EU bodies, offices, and organizations, in order to assure respect for the rule of law, principles of good administration, and fundamental rights. A complaint can be brought by an individual, business, or company. Most often cases are resolved by working out a friendly, mutually satisfactory solution. 30 2. Europe Today Treaty of Lisbon The Treaty of Lisbon, effective December 2009, is perhaps the most transformative legislation adopted by the EU. The original organizing treaties were developed for a much smaller EU—15 countries instead of 27—than exists today or will in the future. The Treaty of Lisbon anticipates future challenges and EU citizens’ demands and expectations by streamlining decision-making processes, increasing the role of both the European and national parliaments, and giving EU citizens the right of direct petition to the Parliament. The Treaty’s provisions include: Increasing co-decision on policy matters, putting the European Parliament and Council on equal footing and giving Parliament codecision authority on the entire EU budget Expanding the role for national parliaments in monitoring EU legislation and the opportunity to weigh in on proposed legislation before Parliament action Clarifying “who does what”—roles of member states and the EU Capping the number of EU Parliament delegates at 751 to ensure proportional representation and prevent future unbalance (maximum of 96 and minimum of 6 delegates per country) Introducing a procedure for a member state’s withdrawal from the Union Creating the office of President of the European Union, High Representative for Foreign Affairs and Security, and the European External Action Service in order to enhance the EU’s ability to participate with a unified and cohesive voice and promote European interests in global affairs Creating a Citizens Initiative petition process Setting forth the Charter of Fundamental Rights in a single legally binding document to protect the civil, political, economic, and social rights of dignity, freedom, equality, solidarity, citizens’ rights, and justice Addressing the challenges of climate change, energy efficiency, and sustainability 31 Europe and International Real Estate European Union Locations EU Council of Ministers Brussels, Belgium European Commission Brussels, Belgium European Central Bank Eurotower Frankfurt, Germany European Parliament Brussels, Belgium European Parliament & Office of Ombudsman Strasbourg, France Luxembourg European Parliament EU Court of Justice European Investment Bank Photos courtesy of European Commission Audio Visual Services. 32 2. Europe Today Issues, Discussions, Trends for Real Estate Professionals If your real estate practice involves doing business in Europe, you should keep up to date on issue developments and the discussions of key formal and informal groups. Influential groups, even meeting informally, under the expansive EU umbrella, identify and define issues, propose options for action, evaluate initiatives, anticipate future trends, and provide an opportunity for vetting reactions to proposed policies. European Housing Ministers The Housing Ministers of EU countries meet informally but their annual communiqué shapes Commission and Parliamentary thinking about housing policy. At the 2010 meeting, the group of Housing Ministers agreed to give political impetus to the renewal and rehabilitation of the existing housing stock as a means to aid economic recovery, generate employment, and improve residential energy efficiency. Professional Services Directive The EU’s four freedoms call for the free movement of goods, capital, people, and services. But free movement of the first three categories has been more easily accomplished than the last—services. Services account for about 70 percent of Europe’s GDP. Entrepreneurial small- to mediumsized enterprises (SMEs) comprise 98 percent of companies and provide 98 percent of EU employment.3 There is recognition that eliminating burdensome administrative procedures can free up the movement of services and establishment of businesses across member states’ borders, revitalize economies, and create employment. The EU’s Professional Services Directive, effective December 2009, takes aim at obstacles to cross-border delivery of services and movement of service providers. In brief, the Directive requires EU countries to lift legal and administrative barriers to: Establishment of a service-based company or branch, by an individual or business, in another EU country Cross-border provision of services by a company already established in another EU country without setting up a permanent business location in the other country 3 Services Directive, Doing Business Made Easier, Publications Office, European Union, www.europa.eu 33 Europe and International Real Estate The Directive encourages free movement of professionals and skilled labor among EU countries while acknowledging that qualification standards differ. The Directive requires a general system for recognition of professional qualifications so that a worker qualified to purse an occupation in a home country can obtain recognition of qualifications in a host country if the professional is regulated there. If the profession is not regulated in the host country, application for recognition of qualifications is not necessary. The entrepreneur may pursue a professional in the host country under the same conditions and with the same rights and duties as its nationals. If the professional is regulated in Treaty of Lisbon with seals of approval of the host country and substantial differences EU Member States. Photo courtesy of exist between qualifications, the host European Commission Audio Visual Service. country may require a period of training, familiarization, or a proficiency exam. The Directive also requires a member country to establish an online point of single contact (PSC) so that an individual can easily learn about professional requirements in the host country and complete application procedures online. Because each member country can define a specific profession, professional title alone may not be a sufficient basis for a match. Furthermore, a country can maintain a restrictive qualification procedure only if it can be proved necessary for consumer protection and is proportionate. The former country of origin principle, which would allow service providers to sell their services in other countries based on rules applying in their home country, is replaced by the host country principle. The Directive moves from recognition of academic diplomas, which is based on educational institutions’ curricula, to recognition of professional qualifications, which entails assessing the knowledge and skills of a specific individual. The Directive also mandates new consumer protections. For example, the consumer must be given details on the location of the businesses, pricing of services, codes of conduct to which professionals are bound, contact information for complaints, dispute resolution systems, and other facts. The real estate profession falls within purview of the Directive, unlike other specifically exempt professions, such as medical personnel. Almost 34 2. Europe Today all of the countries included in this study have real estate license laws but vary widely in terms of experience and education requirements. As implementation of the Directive proceeds, issues to monitor include determination of equivalent qualifications and definitions of professions, timely response to applications for recognition of qualifications, and definition of proportionate intervention by member countries. Existing businesses that have benefitted from de facto barriers to movement of services are likely to face competitive challenges from lower-priced service providers based in other EU countries. Four Key Policy Challenges A 2007 Consultation Paper presented by the European Commission identified four key areas of challenge which could have far-reaching impact on the EU’s future policy and budget priorities. Globalization: fostering knowledge, mobility, competitiveness, and innovation has the potential to open new markets and opportunities but also challenges Europe’s economy to transition to knowledgeand service-based instead of industrial and agricultural. Demographics: most EU member states’ populations are rapidly aging, which raises issues of workforce structure, economic efficiency, and intergenerational equity. Proximity to some of the world’s youngest and poorest regions, also likely to be most affected by climate change, will have a particularly strong effect on the social and cultural makeup of EU countries. Climate change: efforts to manage climate change and limit increase in greenhouse gas emissions has become a major priority and policymakers will be challenged to initiate mitigating measures within the current EU regulatory and administrative structure. Energy: closely related to climate change, limited global supply and increasing demand make movement toward a low-carbon economy imperative. The Consultation Paper also recognizes the regional income and economic disparities between member countries. The Paper states that Europe’s wealthiest regions are eight times richer than the poorest. It identifies the “primary dimension of regional income disparities in the EU remains East-West with a weaker North-South dynamic and core- 35 Europe and International Real Estate periphery pattern at both EU and national levels.”4 The challenge is whether future economic transformation will lessen, exacerbate, or create new regional disparities. Subsidiarity and Proportionality An issue to monitor is subsidiarity and proportionality. The subsidiarity principle states that because decisions should be made as close as possible to the citizen, the EU will not act unless it is more effective than action taken at a local, regional, or national level. When the EU does take action, the principle of proportionality dictates that the action should not go beyond what is necessary to achieve the objectives of the Lisbon Treaty. As national parliaments take on a watch dog role over proposed EU legislation, the determination of the most effective level for tackling challenges and the extent of EU action will likely produce intense dialogue. Citizens Initiative The Lisbon Treaty created a petition process for citizens to bring proposals directly to the EU Council and Parliament, bypassing their EU representatives and national parliament. The requirements are high, to prevent nuisance petitions, but achievable when a groundswell of public opinion pushes an idea forward. If one million citizens from a minimum of one-third (9) of EU countries back a petition, and the initiative falls within the scope of the EU mandate, the Commission must move the legislation forward, initiate a study, or decline action; whatever course of action selected, the Commission must explain its decision publicly. Under current procedures, the first citizens’ initiatives could be presented as early as 2011. Although the one-million-citizen requirement is less than 1 percent of the EU’s population, any petition that can garner that level and breadth of popular support has the potential to create lively public discourse and shape opinion. 4 Regions 2020: An Assessment of Future Challenges for EU Regions,” Commission Staff Working Document, Commission of the European Communities, Brussels, 2008. 36 2. Europe Today Future Expansion As of 2010, three countries were candidates for future membership: Croatia, FYROM, and Turkey. Countries recognized as potential candidates number five: Albania, Bosnia and Herzegovina, Iceland, Montenegro, and Serbia. Relationships with candidates, potential candidates, and non-candidates are shaped by one of two policies. Stabilization and Association Agreements The collection of agreements leads to candidacy for EU membership. During the period of candidacy, the EU provides aid to candidate countries to enable them to catch up economically. European Neighborhood Policy This policy enables trade and cooperation agreements with nonmember countries in the southern Mediterranean and southern Caucasus as well as former Eastern Bloc countries whose future relationships with the EU remain unclear. European Neighborhood Policy (ENP) The EU has a vital interest in the economic development, stability, and governance of its neighbors. Through its European Neighborhood Policy (ENP) and Euro-Mediterranean Partnership, the EU deepens relationships and expands areas of cooperation across a wide policy spectrum. The approach is country-specific based on the partner’s political situation, EU membership ambitions, and its level of socio-economic development. The ENP is in varied stages of development with 16 countries: Algeria Armenia Azerbaijan Belarus Egypt Georgia Israel Jordan Lebanon Libya Moldova Morocco Palestinian Territory Syria Tunisia Ukraine Cooperation with countries of the former Eastern Bloc, USSR, and Russia focus on: transport, energy, sustainable management of natural resources, border and migration control, social and cultural relations, and dealing with abandoned munitions and landmines. Cooperation with neighboring Mediterranean countries concentrates on spheres of justice, security, migration, sustainable economic development, and cultural exchanges. 37 Europe and International Real Estate Turkey’s EU Membership? Turkey spans Europe and Asia not only geographically but also culturally. The Straits of Bosporus separate European and Asian Turkey and bisect the city of Istanbul. Although its European toehold is quite small—5 percent of its land area—modern urban Turks feel a closer affinity to European culture and outlook than they do to their Asian, Arabic, and Middle Eastern neighbors. Turkey was a founding member of the Council of Europe and participates in the European Customs Union Agreement. Turkey’s constitution, adopted in 1923, established it as a modern, secular, democratic state with fundamental human rights guaranteed to all citizens. Although modern Turkey claims to meet all of the criteria for admission to the European Union, its membership has been stalled for years. Some Turkish politicians contend that membership is blocked because the European Union is a “Christian” club. The practical issues, however, have to do with size, geography, economic performance, human rights, and immigration. Many EU member states feel that not only is the cultural gap between Turkey and Western Europe too wide, but that politically Turkey is moving toward an anti-Western and Islamicfundamentalist state. At a population of close to 78 million, Turkey is second in size only to Germany. Population growth is at 1.2 percent and median age is 28 years. In contrast, European countries have very low or negative population growth and median age levels hovering around 40 years or higher. Given the rate of population growth in Turkey and decline in most EU countries, its population could soon surpass other member states. On the other hand, with rising Istikal Avenue, Istanbul. Photo Wikimedia education levels the youth of Turkey’s workers could revitalize Europe’s aging workforce. Smaller European countries that already feel overshadowed by Europe’s largest countries see Turkey’s membership as further eroding their influence. 38 2. Europe Today EU Membership for Turkey Pro—Crossroads of East and West Con—Too big, too poor, too different Turkey occupies a geographic and cultural position between Europe and Asia. It has the potential to serve as mediator with the Middle East. More than two-thirds of EU countries do not want Turkey to become a member. Germany and France, Europe’s largest countries, strongly oppose its membership. The opinion of the majority must be respected. Many key oil and gas pipelines from Asia cross Turkey. EU membership would allow a wave of immigrants into Europe. Turkey is a main transit point for illegal immigrants for whom entry to Europe also would be eased. The Turkish economy is expanding rapidly, an important market opportunity for European products and services. Despite changes, Turkey still does not measure up to European standards of human rights, women’s rights, treatment of minorities, and religious tolerance. Turkey’s large armed forces could be a military asset for Europe. Turkish military personnel are fighting in Afghanistan alongside NATO allies; this loyalty should be recognized. Turkey’s continued occupation of northern Cyprus, an EU member, is unresolved and a continuing point of conflict. The youth of Turkey’s population could revitalize Europe’s aging workforces. Turkey’s education standards are rising. Turkey is a large country and would exert too much power. The EU balance would be compromised. Many Turkish guest workers already live and work in European countries, particularly Germany. Gross income per person is far below European standards. The level of economic subsidy required is too high and will overburden EU budgets, which are taxpayer supported. Turkey has responded to some EU calls for changes in human rights and treatment of minorities and women. Many EU countries have strict laws against Holocaust denial. To admit Turkey, which refuses to recognize the Armenian genocide of 1915, would be hypocritical. 39 Europe and International Real Estate More Interrelationships Benelux Belgium, Netherlands, and Luxembourg partner to act as one political entity within the EU and counterbalance the larger member states. The Benelux Parliament focuses in particular on intellectual property and trademark protection. European Customs Union Includes all EU members plus Turkey, and the micro states of Monaco, Andorra, and San Marino. No customs are levied on goods travelling within the customs union and a common external tariff is levied on all goods entering from outside of the union. Black Sea Forum The Forum offers a platform for cooperation and commitment to development of a regional strategy and a common vision among countries in the Black Sea region: Armenia, Republic of Moldova, Azerbaijan, Turkey, Bulgaria, Ukraine, Georgia, Romania, Greece, and Russia. European Free Trade Association European Economic Area The agreement enables Iceland, Liechtenstein, and Norway to participate in the EU's single market without conventional EU membership. In exchange, the countries adopt all EU legislation related to the single market, except as related to agriculture and fisheries. Transport Corridor Europe-CaucasusAsia This EU-supported program supports political and economic development in the Black Sea Region, Caucasus, and Central Asia reaching to the borders of China and Afghanistan. The focus is on strengthening and modernizing the transportation infrastructure in order to develop an integrated, reliable, multimodal freight transportation network. Countries include Bulgaria, Romania, Ukraine, Turkey, Georgia, Azerbaijan, Turkmenistan, Kazakhstan, Uzbekistan, Kyrgyzstan, and Tajikistan. EU Eastern Partnership and Civil Society Forum The Forum promotes contacts among nongovernmental organizations (NGOs) and facilitates their dialogue with public authorities in Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova, and Ukraine. 40 Eurasian Economic Community An alliance between Belarus, Kazakhstan, Kyrgyzstan, Russia, and Tajikistan creates a customs union and single market. Collective Security Treaty Organization (CSTO) This regional mutual defense alliance includes Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, and Tajikistan. 2. Europe Today Russia–EU Common Spaces Because of its size and resources, Russian membership would significantly unbalance the EU. At the 2003 St. Petersburg Summit, the EU and Russia, which is not part of the ENP, agreed to reinforce their cooperation by creating four “common spaces” on the basis of shared values and interests: Economic space including the environment Freedom, security, and justice External security, including crisis management and non-proliferation Research, education, and cultural aspects Council of Europe The Council of Europe (CoE), not to be confused with the European Council, is much larger in membership and older than the European Union. The CoE was founded in 1949 out of an early attempt to create a pan-European federation and Parliament. Although the original concept of a federation was not realized, the outgrowth was the Council of Europe. Today, 47 counties, representing 800 million people, belong to the Council of Europe, a much broader organization than the European Union. It provides a neutral ground for dialogue and cooperation among member states outside the official diplomatic and governmental channels. Council of Europe members include countries that have close affinity with the EU but do not want to or cannot achieve full EU membership. For example, member countries include Turkey, Switzerland, Iceland, most former Eastern Bloc and former USSR countries, former Yugoslavia states, plus Europe’s microstates—Monaco, San Marino, Liechtenstein, and Andorra. The only European states that are not members are Belarus, Kazakhstan, Kosovo, and the Vatican. The logo of the Council of Europe as shown on this German postage stamp commemorating th the Council’s 50 Anniversary in 1999. The Council of Europe is headquartered in Strasbourg, France. Similar in structure to the European Union, the Council has a Committee of Ministers and Parliamentary Assembly. A key difference is in the authority of legislation. The EU’s legislation and directives have the full 41 Europe and International Real Estate weight of mandates for member states and compliance can be forced through the Court of Justice. In contrast, Council member countries do not cede any sovereignty. Instead, the Council accomplishes its work by adopting Conventions, which set common standards for law and policy. Member states voluntarily sign the Conventions and non-member countries also receive invitations to sign some Conventions; for example, signatories to the Convention on Cybercrime include Canada, Japan, South Africa, and the United States. The Council of Europe works collaboratively with the European Commission and UNESCO on many areas, especially cultural heritage, education, and human rights. In particular, the Council of Europe takes a lead role in promulgating human rights. Perhaps its greatest accomplishment is the European Court of Human Rights created under the 1950 Convention on Human Rights. The court hears cases brought by member states or individuals alleging violations of human rights. In close cooperation with the European Commission and UNESCO, the Council advocates for Europe’s cultural heritage. As we will see in the next chapter, Conventions adopted by the Council affirm Europe’s cultural heritage—traditions, architecture, landscape, language, and other dimensions—as a dynamic resource for economic development, social cohesion, and inclusiveness. The Next Chapter In the next chapter, the focus is on developing market intelligence by looking at influential trends and forces. The chapter also includes guidance for building a network of key contacts. 42 Europe & International Real Estate 3. Market Dynamics 43 Europe and International Real Estate Demographics As a result of longer lives and low birth rates, the countries of the European Union rank among the oldest populations in the world. Two of the largest EU countries—Germany and Italy—have median ages of 45 years and only four countries (Romania, Slovakia, Ireland, and Cyprus) have median ages of less than 40 years. By comparison, median age in the United States is 38 years, 28 years in Turkey, and 29 years for the world population. (See page 47.) Population growth rates are actually negative in more than a third of EU countries. Looking ahead to EU-27 Population Projections 2050 2050, EU demographers foresee 48 million fewer The Social Situation in the European Union, February 2010, Eurostat, www.europa.eu workers and a rapidly expanding population of retirees, with a ratio of only 15-64 years, two workers to one retiree. 57.1% 0-14 years, 14.1% What does Europe’s gradual demographic decline mean for 65-79 years, the future? A reduced 17.8% workforce implies reductions in 80+ years, productivity and economic 11.0% growth, while a growing retiree population means increasing costs for pension payouts and health care. For real estate, an aging population usually indicates reduced demand for real properties of all types—residential and commercial. In response to these challenges, the European Commission formulated five key directions for demographic renewal5: Family-friendly workplaces that improve the balance between professional, private, and working life, such as parental leave, childcare, and easier job entry for young adults. Flexicurity systems that promote longer working lives, lifelong learning, and transitions to better jobs. Reduced legal, cultural, and administrative barriers to worker mobility such as portable pensions and full recognition of professional skills and academic degrees. Fostering a more innovative and dynamic business environment. 5 “The Demographic Future of Europe—from Challenge to Opportunity,” Commission Communication, October 2006, www.europe.eu/legislation_summaries. 44 3. Market Dynamics Integration of immigrants into society and the workforce. Reforms to achieve sustainable public finances and guarantee social protection as well as generational equity, including promotion of contributions to privately funded pension savings and systems. Immigration a Solution? “For the EU, the impact of immigrants on population aging will depend on how well they integrate into the formal economy, bearing in mind that the employment rate for immigrants is still lower than that of nonimmigrants in many member states. Immigrants may temporarily help to reduce the financial impact of an aging population when legally employed immigrants pay contributions into public pension schemes. However, economically active immigrants will also, over time, accumulate their own pension rights.”6 The above policy statement summarizes the European Commission’s outlook for immigration as a solution to demographic decline. In short, although immigration offers some hope for moderating projected labor shortages, it is not a total solution. But, the issue of immigration encompasses more than economics and demographics. Integration into the society as well as the workforce presents the first and perhaps greatest challenge for immigrants to European countries. Obviously, language ability eases successful integration. Photo Courtesy of European Audio Visual Services. Acceptance of immigrants into European societies has sometimes been the focal point of vehement demonstrations. Although EU studies show that they are no more dependent on social welfare systems than the general public, immigrants are an easy scapegoat for the insecurities in societies. Immigrants who fail to find a foothold in European societies are often stuck in low-paying jobs and live in substandard housing in isolated neighborhoods. Alienation and disaffection can continue to the second and third generations. 6 “The Demographics of Europe—from Challenge to Opportunity,” Commission Communication, Commission of the European Communities, COM(2006), Brussels, October 2006, www.europa.eu. 45 Europe and International Real Estate Overall, about 30 million foreigners live in EU countries, about 6 percent of the total population. Although the popular “face” of immigration in Europe is often a person from Asia, Africa, or Middle East, citizens of other European countries account for more than half (56%) of immigrants in EU-27 countries. Within that group, almost 20 percent are citizens of another EU-27 country. Three-quarters (75%) of all immigrants reside in five EU countries—Germany, Spain, U.K., France, and Italy. These countries’ citizens are among the most numerous immigrants living in another EU country. Non-nationals in EU-27 by Continent of Origin Oceania, 7.0% Unknown, 5.5% America, 10.2% EU, 36.7% Non EU Europe, 19.6% Asia, 12.0% Afica, 15.2% Source: “Population and Social Conditions,” Eurostat, Statistics in Focus, 94/2009, www.europa.eu. Europeans living in the EU-27 by Country of Origin Austria, 2.7% Other, 14.4% Germany, 22.6% Greece, 2.9% Belgium, 3.2% Italy, 11.2% Spain, 17.1% U.K., 13.1% France, 11.9% 46 3. Market Dynamics EU † Symbol Population (millions)* Median Age * Growth Rate % * % Foreign † Residents AT BE BG CY CZ DK EE FI FR DE EL HU IE IT LV LT LU MT NL PL PT RO SK SI ES SE UK 8.2 10.4 7.1 1.1 10.2 5.5 1.2 5.2 64 82 10.7 9.8 4.2 58 2.2 3.5 .49 .4 16.7 38.4 10.7 22.1 5.4 2 40.5 9 66.2 43 43 42 36 42 41 43 44 41 45 43 42 36 45 43 42 40 41 41 40 41 39 38 43 42 42 .04 .08 -.79 1.6 -.1 .26 -.63 .08 .52 -.06 .01 -.26 1.10 .-.07 -.6 -.27 1.15 .39 .39 -.05 .24 -.16 .12 -.14 .04 .16 41 .28 10. 9.1 .3 15.9 3.3 5.5 17.1 2.5 5.8 8.8 8.1 1.8 12.6 5.8 18.3 1.3 42.6 3.8 4.2 .2 4.2 .1 .8 3.4 11.6 5.7 6.6 Turkey Russia U.S. ---- Comparisons * 77.8 139 310 28 41 1.22 -.46 38 .97 China -- 1,330 35 .49 India -- 1,173 26 1.37 Japan -- 126 44 -.24 World -- 6,830 29 1.13 EU-27 Austria Belgium Bulgaria Cyprus Czech Rep. Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden U.K. Most Numerous † Foreign Residents Serbia, Germany Italy, France Russia, Ukraine Sri Lanka, U.K. Ukraine, Slovakia Turkey, Iraq Russia, Ukraine§ Russia, Estonia Portugal, Algeria Turkey, Italy Albania, Ukraine Romania, Ukraine U.K., Poland‡ Romania, Albania FYROM, Russia Russia, Belarus Portugal, France U.K., India Turkey, Morocco Germany, Ukraine Brazil, Cape Verde Moldova, Turkey Czech Rep., Poland Bosnia/Herz., Serbia Romania, Morocco Finland, Iraq Poland, Ireland Sources: * CIA World Factbook † Eurostat ‡ Irish Central Statistic Office § Statistics Estonia 47 Europe and International Real Estate Employment The Lisbon Strategy, launched in 2000 and renewed in 2005, sets forth the EU’s strategic direction for reform and employment expansion. The strategy aims for the EU to “become a more dynamic and competitive knowledge-based economy in the world with increased employment opportunities.”7 It presupposes that the EU must increase productivity and competitiveness in the face of intense global competition, technological advancement, and an aging population. The strategy strives not only to put more people to work in good-paying jobs, but also to integrate young people into the workforce quicker and keep older workers employed longer as life expectancy increases. The Lisbon Strategy introduced the concept of “flexicurity” to the European employment scene. “Rather than protecting a job, which will ultimately disappear, flexicurity starts from the assumption that is it the worker who needs protection and assistance to either transition successfully in an existing job or move to a new job.”8 The concept also encompasses portable pension and social safety nets to enable greater mobility of labor. The strategy lays out four priority areas: Research and innovation Investing in people and modernizing labor markets Unlocking business potential, particularly of small- and medium-sized businesses Energy and climate change Youth unemployment continues to be a troublesome dilemma throughout the EU Member States. Compared to their U.S. peers, young people throughout Europe have a harder time achieving the first rung on the career ladder. On average, only 37.6 percent of EU workers aged 15– 24 are employed; an employment rate about half that of workers aged 25–54, peak employment years. By comparison, 39 percent of U.S. workers aged 16–20 are employed and 62 percent of workers aged 20– 24. Compounding the problem, about 15 percent of European secondary school students drop out of school (early leavers) before gaining any job skills. The Lisbon Strategy calls for providing job training for a new start 7 “Lisbon Strategy Evaluation Document,” Commission Staff Working Document, European Commission, SEC(2010) 114 Final, Brussels, February 2010, www.europa.eu. 8 Ibid. 48 3. Market Dynamics so that an early leaver can acquire job skills. By comparison, the overall U.S. high school dropout rate stands at about 8 percent.9 At the other end of the age-employment spectrum, EU-27 workforce participation drops sharply after age 55 with only 30 percent of workers aged 60–64 still employed. By comparison, 51 percent of U.S. workers aged 60–64 are still in the workforce. European economies struggle to afford promised pension payouts with some trouble economies countries, such as Greece, cutting current pension payments and raising retirement ages. The European Commission’s workforce initiatives include job fairs, the EURES job posting Web site, funds for retraining displaced workers, and youth programs. SALTO-YOUTH (Support for Advanced What is the significance of Europe’s employment Training and Learning Opportunities situation for real estate? Productive and well-paid within the YOUTH programme) employment at all age levels means more income www.SALTO-Youth.net. available for property purchase. Good paying jobs encourage young workers to form independent households and transition from renters to homeowners. When companies succeed in the global, knowledge economy, they increase both productivity and profitability and attract investment from other EU countries (branches) and abroad. A vibrant economy with highly skilled workers draws in foreign investment. European Job Day in Brussels, October 2008, matches workers with employers across the EU. Photo courtesy of European Commission Audio Visual Services. 9 The Condition of Education 2010, U.S. Department of Education, National Center for Education Statistics. 49 Europe and International Real Estate Europe 2020 For the European Union, the financial crisis that started to unfold in 2008 reversed much of the decade’s economic expansion and triggered high unemployment, sluggish growth, and excessive levels of debt. The Europe 2020 strategy, authored by the European Commission, creates a vision of Europe for the 21st century. It provides a roadmap for the EU to recover from the crisis and prepare for the next decade. The strategy redirects priorities toward development of a “smart, sustainable and inclusive economy delivering high levels of employment, productivity and social cohesion.”10 Five quantifiable headline targets support the strategy: 75% of population aged 20–64 employed 3% of the EU’s GDP devoted to research and development (R & D) 20/20/20 climate and energy target—reduce greenhouse gas by 20%, increase use of renewable energy by 20%, increase energy efficiency by 20% Reduce school dropout rates to less than 10%, increase college enrollment so that 40% of youth achieve a college degree 20 million fewer people at risk for poverty 10 “Europe 2020: A Strategy for Smart, Sustainable and Inclusive Growth,” Communication from the Commission, COM(2010) 2020, Brussels, March 2010, www.europa.eu. 50 3. Market Dynamics Europe 2020: A Strategy for Smart, Sustainable, and Inclusive Growth Smart: Developing an economy based on knowledge and innovation Aim: Focus R&D and innovation policy on climate change, energy and resource efficiency, health, and demographic change. Innovation Union Impact on real estate: R&D activities need suitable facilities such as industrial and research parks. Innovative business enterprises boost productivity and attract highincome, educated workers who need housing as well as retail and services. Aim: Improve the performance and international attractiveness of Europe’s higher education institutions and raise the overall quality of all levels of education and training. Promote mobility of student and trainees and improve the employment Youth on the situation of young people. Move Impact on real estate: Enhanced workforce mobility is associated with increased need for housing. Youth employment fosters social cohesion and involvement, formation of independent households, and transition from renters to homeowners. Digital Agenda Aim: Deliver sustainable economic and social benefits from a Digital Single Market based on fast and ultrafast Internet access with broadband access for all by 2013. Impact on real estate: Enhanced Internet access eases communications, speeds up data transfer, and facilitates delivery of services and transactions. Sustainable: Promoting a more resource efficient, greener, and competitive economy Aim: Support the shift to a resource-efficient and low-carbon economy. ResourceEfficient Europe Impact on real estate: New building standards and regulations could increase costs for construction and rehab but provide long-term savings. Aim: Support entrepreneurship, help industry meet new challenges, promote the Industrial Policy competitiveness of Europe’s primary, manufacturing, and service industries. for the Impact on real estate: An improved business environment, especially for small and Globalization Era medium-sized enterprises, fosters entrepreneurship through reduced transaction costs and more accessible and affordable financing. Inclusive: Fostering a high-employment economy of economic, social, and territorial cohesion Aim: Modernize labor markets to raise employment levels thus ensuring Agenda for new sustainability of Europe’s social model. skills and jobs Impact on real estate: Promotion of labor mobility encourages recognition of professional qualifications and licenses as well as academic degrees. Aim: Ensure economic, social, and territorial cohesion enabling all people to live in Platform Against dignity and take an active part in society. poverty Impact on real estate: More buyers for real estate of all types. 51 Europe and International Real Estate Real Estate Trends—Residential The 2007 subprime mortgage crisis that originated in the United States was also felt in European property markets. Parallel to the U.S. market, real estate bubbles developed in some European markets and consequently experienced the greatest price drops. The opening years of the 21st century saw rapid price appreciation in EU countries such as Estonia, Slovakia, Latvia, Ireland, and Spain. Analysis by RICS researchers plot Europe’s real estate “bubble” markets in a horseshoe-shaped area around more stable markets. In particular, Spain and Ireland experienced huge housing construction booms fueled by low interest rates and availability of financing. In 2006, more housing units were under construction in Spain than in Germany, France, Italy, and the U.K. combined.11 When the recession hit, new construction came to a sudden halt. A huge oversupply now weighs on the markets in Ireland and Spain, particularly in the category of vacation homes, along with an army of unemployed construction workers. 11 Trends in European Residential Property Market, 2009, European Council of Real Estate Professionals (CEPI), Brussels, Belgium, www.cepi.eu. 52 3. Market Dynamics In some EU countries an increase in mortgage borrowing paralleled the construction boom, with borrowers in non-Eurozone countries, such as Latvia, Hungary, Bulgaria, and Romania among others, loading up on Swiss franc- and euro-denominated household debt. These borrowers are now doubly impacted by exchange rate fluctuation and loss of value on their properties. Europe, however, unlike the United States, has not experienced a wave of foreclosures. Certainly, some properties have been lost to foreclosure, but several factors in Europe make foreclosure less likely. Specifically12: Social support systems for unemployed workers Job security—labor laws in some countries protect workers from unannounced layoffs and firings With the exception of Spain and Ireland, there is less excess inventory on the market Less impetus and fewer program initiatives to make homeownership possible for low-income groups Penalties for foreclosure are generally more stringent than in the United States By contrast, countries that experienced moderate increases, or even decreases, in home prices avoided the bubble effect of both quick price run-ups followed by precipitous drops. Notably, real estate prices in Germany, France, Austria, Portugal, and Switzerland remained rather stable throughout the “bubble” years. Overall, Europe’s rate of home ownership is high, about 70 percent, and homes account for the largest share of personal wealth. By comparison, the U.S. Census Bureau reports that about 62 percent of U.S. residents own their own homes. But, within Europe’s high home ownership level, individual EU countries vary widely. For example, rates are quite high in Central and Eastern European countries due to the transition to private from state-owned property; at the time of transition residents were able to acquire ownership of their dwellings. Consequently, home ownership rates in Hungary, Slovakia, and Lithuania are in the range of 90 percent. At the other end of the spectrum, Germany is a country of renters; less than half own their own homes. Less than 20 percent of residents in Hamburg and 11 percent of Berliners own their own homes. 12 European Housing Review 2009, Royal Institute of Chartered Surveyors (RICS), London, U.K., www.rics.org/ehr. 53 Europe and International Real Estate EU-27 Percent of Home Ownership Austria 52 * Germany 43 * Netherlands 54 † Belgium 68 † Greece 74 † Poland 58 * Bulgaria No data Hungary 87 * Portugal 75 † Cyprus 68 * Ireland 77 † Romania 96 * Czech Rep. 72 * Italy 80 † Slovakia 89 * Denmark 56 † Latvia 84 * Slovenia 80 * Estonia 83 * Lithuania 88 * Spain 83 † Finland 58 † Luxembourg 67 † Sweden 62 * France 57 † Malta 77 * U.K. 71 † Sources: * Eurostat, Social Inclusion and Living Conditions, EU-SILC † European Mortgage Federation, Brussels, Belgium, www.hypo.org 8 Market Projections to Monitor 1. After relatively modest price falls in most countries there are signs of fragile recoveries across much of Europe, especially in sales levels and prices. 2. Overall, the European housing crash seems to have been relatively short-lived, though several countries’ housing markets are still in deep trouble. 3. Low interest rates and reviving economies have helped to avoid a U.S.-style housing market meltdown across much of Europe. 4. Since hitting bottom, some residential markets are recovering quickly, especially in Norway, Sweden, and the U.K., while Austria and Switzerland never experienced price downturns. 5. House sales are unlikely to reach boom levels when “normal” returns. 6. House building continues at low ebb because difficulties in development finance and land markets. 7. Supply gluts are localized and country-specific but where they exist they are continuing to drive prices down. 8. The worst performing markets lie in a horseshoe shape around the edge of Europe—Ireland, Spain, the Mediterranean, Greece, and much of Central and Eastern Europe (see page 52).13 13 Adapted from European Housing Review 2009, RICS. 54 3. Market Dynamics Real Estate Trends—Commercial Commercial and investment real estate trends have, for the most part, paralleled the residential market. Market researcher Jones Lang LaSalle reports that investors are taking few risks and are focusing on prime, secure markets in Western Europe.14The Central and Eastern Markets offer the potential for higher returns on investment, but the attendant risks are also higher. Europe capital cities still draw in foreign investment, from cash-rich sovereign funds, institutional investors, and high net worth individuals. Across Europe—EU, non-EU countries, Central and Eastern Europe—the post-crisis trend is toward stabilizing prices for office rents, a main commercial indicator. Not surprisingly, Ireland and Spain which overbuilt in the residential market, also continue to experience falling office space rents, although leveling off somewhat. Prime Rent, Office € per M2, Q2010 Country, City Belgium, Brussels € per M2 250 % Yield 6.25 Country, City Netherlands, Amsterdam € per M2 300 % Yield 6.5 Bulgaria, Sofia 264 8.5 Poland, Warsaw 288 6.75 Czech Rep, Prague 252 7.00 Romania, Bucharest 240 9.50 Denmark, Copenhagen 215 5.00 Russia, Moscow 465 15.00 Finland, Helsinki 296 6.25 Slovakia, Bratislava 168 8.00 France, Paris 650 5.5 Spain, Madrid 300 5.75 Germany, Frankfurt 390 5.5 Sweden, Stockholm 365 5.75 Hungary, Budapest 216 8.25 Switzerland, Zurich* 850CHF 4.00 Ireland, Dublin 400 7.00 U.K. (City), London 781 5.75 Italy, Milan 510 6.05 Sources: European Property Indicators, King Sturge Research, London, U.K., www.kingsturge.com * Kuoni Mueller & Partner and Schofield, Swiss Commercial Property Market, 2009, www.s-schofield.com 14 “Global Market Perspective,” Jones, Lang, LaSalle, www.joneslanglasalle.com. 55 Europe and International Real Estate BRIC FDI From and To the EU-27 Eurostat, Economy and Finance, Data in Focus, 2010 10.7% 8.7% 6.9% 3.2% 2.3% 3.7% 1.9% Brazil Russia FDI from EU FDI to EU India China Europe is both a source of and target for BRIC (Brazil, Russia, India, China) country investment. Although investment inward and outward fell substantially from the market highs of 2007, European investors continue to invest in BRIC countries. Brazil, Russia, and India are larger investors in European commercial markets than EU-27 countries. FDI Investment Outward S. America, 1% FDI Investment Inward Asia, 10% Asia, 20% N. America, 19% EU-27, 50% S.America, 3% N. America, 16% Africa, 3% Africa, 1% Non-EU, 11% Non-EU, 15% 56 EU-27, 48% 3. Market Dynamics 12 Reasons Why You Need to Know Why should a real estate professional monitor developments in the European Union and member states? Following are 12 good reasons (not in order of importance) for keeping up to date. 1. If you own property in an EU country, you are subject to the regulatory and economic market environment. Country-specific law determines property transaction requirements and procedures. 2. Despite the push for more mobility of workers and recognition of academic degrees and professional qualifications, each country regulates the real estate profession. The EU’s Professional Services Directive, effective December 2009, is a mandate, but member states’ compliance will vary. The Commission may take action in the Court of Justice against noncomplying countries. 3. As the EU presses toward full implementation of the four freedoms— goods, services, people, and capital—unimpeded movement of services and capital, in particular, will reshape the business environment, but some countries will try to maintain protective measures for their own citizens. 4. The Professional Services Directive sets new standards of transaction transparency for consumers and real estate professionals, particularly concerning disclosure of the identity of enterprise ownership and control. 5. EU will push to integrate mortgage credit markets and establish uniform valuation, foreclosure, and property registration procedures, all of which are currently regulated by each member country. 6. Based on the principles of equality of treatment and the right to establish a business, countries cannot favor their own citizens in establishment or operation of businesses. The same rules must apply to all. 7. The Common Frame of Reference is a long-term European Commission project that aims for greater coherence in European contract law. The issue of contract uniformity will continue to evolve. 8. Value added tax (VAT) on real estate transactions is determined by each country. As governments seek new sources of tax revenue, they may impose or increase tax rates on real estate services. 9. The 1994 Directive on Time shares set precedents for consumer protection legislation regarding sale, resale, and exchange of timeshares. The Commission will adapt consumer protection legislation as new products appear. 57 Europe and International Real Estate 10. Based on the principles of subsidiarity and proportionality, the European Commission is not opposed to all regulation of professions. But restrictive regulations are in order only when they provide beneficial and proportionate means of consumer protection. Determination of proportionality will continue to evolve. 11. Sustainability initiatives will impact both residential and commercial property through policies on energy, land usage, waste management, water supply, natural habitat, and biodiversity. The 20/20/20 energy targets will raise awareness of energy efficiency. 12. The European Housing Ministers have already focused on the benefits of remodeling and retrofitting of the existing housing stock and buildings as a way to achieve the targets. Therefore, real estate professionals must be knowledgeable of energy-efficient and sustainable construction and retrofitting methods and products. Building Your European Real Estate Business Network NAR’s Cooperating Associations in Europe provide a good starting point for building your European real estate network. A REALTOR® with firsthand knowledge of the country and market serves as the NAR President’s Liaison to the partner association. The liaisons can offer assistance with making contacts and understanding the market dynamics. The list of Cooperating Associations and liaisons along with contact information is available at www.realtor.org/global. An effective networking system also includes an up-to-date information file with market-specific dossiers. As referenced in the Global Real Estate: Local Markets Course, a networking information system should include: Networking Information System Market information Spheres of influence Prospects and clients News Reminders Maps Magazines, journals, books, and newspapers Trends 58 3. Market Dynamics European Real Estate Expositions and Events Barcelona Meeting Point Barcelona, www.bmpsa.com Central European Real Estate Associations (CEREAN) Conference www.cereanconference.com Expo Real Germany, www.exporeal.net FIABCI World Congress www.fiabci.com MIPIM Europe Cannes, www.mipim.com OPP Live London, www.propertyinvestor.co.uk RECon Global Retail Real Estate Convention Germany, www.icsc.org SIMA Madrid,www.simaexpo.com Notes: 59 Europe and International Real Estate The Next Chapter Although united through the European Union and Eurozone, distinct cultural characteristics distinguish European countries—south to north and east to central to west. Plus, two of the countries in this study— Turkey and Russia—span both Europe and Asia. The next chapter focuses on how culture impacts doing business in Europe. 60 Europe & International Real Estate 4. Cultural Influences 61 Europe and International Real Estate In this chapter we will look at cultural aspects of Europe in several ways: General characteristics that shape outlook and behavior Religious heritage Cultural heritage as a means of social cohesion and its intersection with sustainable development of the built and natural environment Citizens’ attitudes about the EU’s influence and world standing Let’s begin by looking at cultural characteristics based on the concept of high and low context cultures. High Context and Low Context Cultures The concept of high and low context cultures allows us to generalize about a group’s outlook, attitudes, relationships, mores, and ideas. High Context Values formality, face-saving communication, relationships, and the slower pace needed to develop them. Low Context Values informality, results, fast pace, punctuality, and direct communication. Business conducted through development Relationships are not needed for conduct of relationships. of business. Nonverbal and indirect communication is important. Content of communication, precise verbal agreements, and facts are important Relationships are the basis of contracts. Contracts are binding and exist apart from personal relationships. Time is fluid and schedules are flexible. Hierarchy and elderly are respected. Exchange of favors creates reciprocal obligations. Egalitarian. Rank is respected but subservient to facts and agreements. Time is a commodity and schedules are carefully observed. Based on the concept of high and low cultures, European cultures tend to divide along north/south and east/west lines. Southern and eastern countries tend toward high context, while northern and western European countries tend toward low context characteristics and some in 62 4. Cultural Influences the middle with a blend of high and low. Distinct regional differences are also present between north and south within countries, such as Italy and France. Geographic Location North and West Central South and East Hungary Bulgaria Greece Italy Romania Russia Turkey Ukraine High CONTEXT Portugal Spain Low Belgium France U.K. Denmark Finland Germany Ireland Netherlands Norway Sweden Switzerland Austria Czech Republic Latvia Poland Slovakia Religious Heritage Although Europe is decidedly secular, religious traditions shape customs, mores, value systems, and observances. Within Europe, Christian tradition divides along an east-west axis with Roman Catholicism and Protestantism in Western Europe and Orthodox Christianity in Eastern Europe. 63 Europe and International Real Estate Countries that are predominately… Roman Catholic Protestant Orthodox AustriaT Belgium (south) Czech Republic Croatia France Hungary Irish Republic Italy Poland Portugal Slovakia Spain Switzerland Denmark (Lutheran) T England (Anglican) Finland (Lutheran) T Germany (Lutheran) T Ireland, N. (Anglican) Latvia (Lutheran) Netherlands (Reformed) Norway (Lutheran) T Sweden (Lutheran) Switzerland (Reformed) T Bulgaria Cyprus Finland T GreeceS Romania Russia Ukraine Serbia Islamic TurkeyS T = Church tax, optional tax collected by governments on behalf of churches S = State supported Christian Heritage All of the EU countries observe Easter Monday as a public holiday. Many also celebrate a pre-Lenten carnival season of merriment. Other important days of the Christian calendar that are observed in many EU countries include: Epiphany on January 6, Ascension Day and Pentecost or Whit Monday in May or June, Dormition of the Virgin Mary on August 15, and All Saints Day on November 1. Refer to the Country Profiles in Chapter 8 (page 153) for lists of public holidays. Jewish Heritage “Before the Nazis seized power in 1933, Europe had a richly diverse set of Jewish cultures…that drew from hundreds and, in some areas, a thousand or more years of Jewish life on the continent. The diverse nature of individual Jewish communities in occupations, religious practices, involvement and integration in regional and national life, and other areas made for fruitful and multifarious Jewish life across Europe.”15 According to the Spertus Institute of Jewish Studies, about 1.5 million Jews now live in EU countries, mostly in Western European 15 United States Holocaust Memorial Museum, Washington D.C., www.ushmm.org. 64 4. Cultural Influences countries—France, Switzerland, Germany, Belgium, and the Netherlands. Jewish communities across Europe have unique histories, languages, and traditions. The years since the fall of the Soviet Union have seen a growing revival in Jewish practice, particularly among young people who never experienced the religious repression of communist governments. Scholars tend to agree that what seems to be happening is a process of “identity reconstruction” and redefinition within a new, open environment expressed in growing interest in Jewish history, culture, rituals, Hebrew language studies, music, and traditions.16 Islamic Heritage Islamic religious practice and culture are not new arrivals to Europe. In Europe, Islam hark back to the 8th century, when the Moors gained possession of the Iberian Peninsula, now Spain and Portugal, and remained until the completion of the Reconquista in 1492 by Spain’s King Ferdinand and Queen Isabella. The most visible influence of the Moorish period lives on in distinctive architecture, such as Alhambra of Granada. Much of the Balkans was once incorporated into the Islamic Ottoman Empire. A decisive battle in 1455 between Christian Serbians and Islamic Ottomans at Kosovo Polje brought the Balkans under Ottoman rule. Although a pyrrhic victory for the Ottoman forces, for the Serbs the battle became a potent symbol of patriotism—a Balkan Alamo. The Ottoman Empire broke up in increments, beginning with an 1821 declaration of independence by Greece, and tottered into the early 20th century before complete dissolution. But, as result of 600 years of rule, today’s Balkan states of Albania, Kosovo, and Bosnia/Herzegovina have majority Islamic populations. Overall, about 5 percent of Europe’s population is Muslim.17 Reflective of Europe’s general distribution of population, the largest concentrations live in France (5 million), Germany (3 million), U.K. (1.6 million), and Spain (1 million). 16 st David Graham, “European Jewish Identity at the Dawn of the 21 Century,” Institute for Jewish Policy Research, London, U.K., www.jpr.org.uk 17 “Mapping the Global Muslim Population: A Report on the Size and Distribution of the World’s Muslim Population,” Pew Research Center, October 2009, www.pewforum.org 65 Europe and International Real Estate Heritage Routes Three routes, sponsored by the Council of Europe, trace the history of Christian, Jewish, and Muslim culture in Europe. Santiago de Compostela Pilgrim Route Belgium, France, Germany, Italy, Luxembourg, Portugal, Spain, and Switzerland Following ancient Roman roads, the Pilgrimage route traces the path of medieval pilgrims to the Shrine of the Apostle St. James. Every year thousands of pilgrims from across Europe walk the ancient route. Jewish Heritage Route Belgium, Croatia, Czech Republic, France, Hungary, Italy, Lithuania, Luxembourg, Netherlands, Serbia, Slovakia, Spain, Ukraine, and United Kingdom The route comprises a collection of significant locations, archeological and historical sites, Jewish quarters, monuments, memorials, archives, libraries, and museums. Legacy of Al-Andalus Heritage Route Spain The route, along Spain’s southern coastline, highlights the cities, landscapes, and historic and cultural sites that tell the story of Andalusia, the kingdom of the Muslim Moors in Iberia. 66 4. Cultural Influences Cultural Heritage The Council of Europe (see page 41) fulfills the role of a cultural conservator and advocate, a role specifically eschewed by the European Union’s organizations and administrative departments. The Council and the European Commission, however, work very closely together, along with UNESCO, to assure harmonious goals and implementation. The Council regards Europe’s cultural heritage as a force for fostering social cohesion and inclusion. Instead of a static asset, it is seen as a collection of dynamic resources, tangible and intangible, that encompasses the built environment, natural environment, values, traditions, historic sites, arts, archeology, and languages. The Council has adopted five major Conventions dedicated to identifying, preserving, and fostering cultural heritage. Council of Europe Heritage Conventions European Charter of Architectural Heritage, adopted in Amsterdam, Netherlands, 1975 Convention for Protection of Architectural Heritage of Europe, adopted in Granada, Spain, 1965 Convention for the Protection of Archeological Heritage, adopted in Valletta, Malta, 1992 European Landscape Convention, adopted in Florence, Italy, 2000 Framework Convention on the Value of Cultural Heritage for Society, adopted in Faro, Portugal, 2005 The Faro Framework Convention The Council’s Framework Convention on the Value of Cultural Heritage for Society defines cultural heritage as a “grouping of resources inherited from the past which people regard, irrespective of who owns them, as a reflections and expression of their own constantly evolving values, beliefs, knowledge, and traditions. It includes all aspects of the environment resulting from the interaction between people and place 67 Europe and International Real Estate through time.” The Faro Convention is groundbreaking because it “shifts the focus from objects to people, to their right to participate in cultural life as defined by the Universal Declaration of Human Rights, to the ethics of use rather than to the methods of protection already covered by other laws a various levels. Faro’s aim…is to foster human development and quality of life for all.”18 Key Concepts Key concepts that recur throughout the Conventions and the Council’s discussion of cultural heritage include: Integrated conservation: bringing together of all sectors, professions, partners, public authorities, and stakeholders to integrate and balance environmental and societal needs. Heritage communities: transnational and multidimensional affiliations based shared interest in a subject (such as archeology, cartography, or languages) that is without reference to ethnic groups or communities. Emphasis is placed not on objects but the people who benefit, individually or collectively. Democratic sustainability: the role of cultural heritage in the construction of a democratic society. Interculturalism: in place of ignoring or denying diversity as with assimilation, or emphasizing it, which reinforces differences, interculturalism recognizes the value of diversity, seeks to increase interaction between cultural communities, and openly addresses conflicts and tensions through public dialogue. Transversal themes: cross-cutting issues of priority to the Council of Europe, other international organizations, member countries, and researchers. 18 Graham Fairclough, “The Faro Convention on the Value of Cultural Heritage for Society,” Landscape Character News, Cheltenham, Gloucestershire, U.K., Spring 2010, www.landscapecharacter.org.uk 68 4. Cultural Influences Council of Europe Initiatives European Heritage Days: an annual continent-wide event, held in September, encourages visits to historic sites including many not customarily open to the public. Cultural Corridors: identification of cross-border heritage routes and locations throughout Europe that preserve distinct cultural heritages, such as the Santiago de Compostela Pilgrimage route. Culture Watch Europe: a Council of Europe monitoring group that gathers information on best practices in cultural policy making and links up partner groups from academia, civil society, international organizations, and researchers for exchange of information and policy dialogue. Compendium: an online resource of best practice information. Youth programs: initiatives to encourage youth participation in democracy and public life. Teacher training: programs help teachers incorporate intercultural principles into the classroom to encourage social cohesion and prevent chauvinism. Network of Intercultural Cities: An eleven-city pilot program to identify successful models for governance, policies, and stakeholder partnerships that foster intercultural integration. Pilot program cities are home to large immigrant populations. Berlin, Germany Izhevsk, Russia Lublin, Poland Lyon, France Melitopol, Ukraine Neuchâtel, Switzerland Oslo, Norway Patras, Greece Reggio Emilia, Italy Subotica, Serbia Tilburg, Netherlands 69 Europe and International Real Estate Cultural Heritage and Real Estate What is the relevance to the business and real estate of cultural heritage initiatives and Council of Europe Conventions? Social cohesion is vital to the economic health of a diverse society, particularly in the face of rapid aging. Economic development in successful intercultural cities and along cultural corridors, such as from tourism, enhances property value and creates wealth. Preservation initiatives impact town planning, building standards, and future development. Heritage initiatives encourage continuation of the specialized building skills essential to preservation of historic structures. Preservation of historic sites, towns, and landscapes enhances property values. Eurobarometer—Public Opinion How do EU citizens feel about their place in the world in the face of globalization and new communications technologies? The European Commission’s Eurobarometer,19 an ongoing attitude survey, profiles public opinion. Following are some key findings that shed light on how Europeans feel about the EU’s influence, relationships with other countries, impact of globalization on culture, Euro participation, and the future. The following results, rankings, and response rates represent EU27 trends; results in specific countries may be higher or lower. Influence of the EU The most important determinants of overall power and influence in the world are economic power (81%) and political influence (63%). The elements that best characterize the European Union are its economic power (73%) and political influence (68%). 19 “Public Opinion in the European Union,” Standard Eurobarometer 72, Report (Volume 2), February 2010, http://ec.europa.eu/public_opinion. 70 4. Cultural Influences The top three values that best represent the European Union are democracy, human rights, and peace. Most (61%) feel that the state intervenes too much in their lives. Comparison with Other Countries Opinion is divided (44% agree, 37% disagree) on the question of whether the EU and the United States have the same interests when dealing with globalization. Europeans perceive the EU as behind the United States in the areas of scientific research, innovative technology, and entrepreneurship, but ahead in protecting the environment, healthcare, education, and in fighting social disparity, unemployment, and discrimination. Europeans feel that the EU economy is performing worse than the United States, Japan, China, but better than India, Russia, and Brazil. Globalization and the Economy Most (61%) agree that globalization presents opportunity for economic growth and encourages foreign investment (59%), but is only profitable for large companies (64%). Close to three out of four (74%) Europeans feel that globalization requires some form of worldwide governance. Euro Participation In the Eurozone, opinion is rather evenly divided (45% agree, 47% disagree) on whether keeping a former national currency would have offered protection in the economic crisis. Countries outside of the Eurozone, however, feel that adopting the euro would not have offered better protection (51% agree, 34% disagree). 71 Europe and International Real Estate Globalization and Culture Most Europeans (60%) feel that globalization increases social inequities. Opinion is divided on whether globalization is a threat to national culture (47% agree, 41% disagree). But the majority (66%) feel that globalization encourages openness to other cultures. Preparing for the Future EU citizens are somewhat pessimistic about the impact of the economic crisis of 2009–2010 on the job market; they believe (54%) that the worst is yet to come. EU citizens believe that the best way to face the future challenges of globalization is to emphasize social equality and solidarity and protect the environment. About one third (35%) feel that the economic situation prevents them from planning ahead, but slightly more feel confident that they know what they will be doing in the next six months (39%). Within the financially troubled countries—Bulgaria, Cyprus, Greece, Lithuania, Latvia, Estonia, Hungary, Romania—much higher percentages (50– 65%) of people feel unable to plan ahead. The most confident countries are Germany, Netherlands, Austria, and Sweden. When asked what should be done to improve the EU’s economic performance, the top three actions are: 1. Improve education and training 2. Invest in research and innovation 3. Facilitate the creation of companies When it comes to reforming the financial systems, most (62%) feel that additional financial reforms are needed; the highest priority needs are increasing transparency and accountability along with a stronger EU regulatory role. Most Europeans (71%) are willing to make sacrifices today to benefit future generations. 72 4. Cultural Influences ? Discussion Question How do the Eurobarometer results compare to the European Union’s Europe 2020 goals (see page 51)? How do these survey results influence business planning? 73 Europe and International Real Estate The Next Chapter In the next chapter we will take an in-depth look at business, government, and real estate in France. Notes: 74 Europe & International Real Estate 5. A Look at France 75 Europe and International Real Estate Geography and Structure France is the largest in land areas of the European countries; it is slightly smaller than the U.S. state of Texas. Major cities are Paris, the capital city, and Marseille, Lyon, Toulouse, Nice, Nantes, Strasbourg, and Bordeaux. When the French refer to “Metropolitan France,” they mean the European land area bordered by Germany, Belgium, Italy, Switzerland, and the microstates of Andorra, Luxembourg, and Monaco. As a large country, Metropolitan France incorporates a range of terrains with plains and rolling hills in the north and west, Pyrenees Mountains and Alps in the south and east, and scenic coastlines along the Bay of Biscay and Mediterranean. Climates mirror terrain with cold and damp winters and temperate summers in the north. The Mediterranean coast experiences mild winters and hot summers with occasional cold, dry winds—le Mistral—from the northwest. Metropolitan France is made up of 22 Regions, which are subdivided into 96 Départments and 36,000 municipal Communes. The cities of Paris, Lyon, and Marseille rank as both Départments and Communes and are subdivided into arrondissements each with aConseild’Arrondissment and mayor. Alsace Aquitaine Auvergne Basse (lower) Normandie Bourgogne (Burgundy) Bretagne (Brittany) Centre Champagne-Ardenne Metropolitan France 22 Regions Corsica * Franche-Comté Haute (upper) Normandie Île-de-France (Paris) Languedoc-Roussillon Limousin Lorraine * Territorial Collectivity governed as a region 76 Midi-Pyrénées Nord Pas de Calais Pays de la Loire Picardie Poitou-Charentes Provence Alpes-Côte d’Azur Rhône-Alpes 5. A Look at France Overseas Departments, Collectivités, and Territories 4 Overseas Départments (DOM ROM) Regional status, French and EU laws apply 6 Overseas Collectivities—Collectivités d’outreMer (COM) Territorial laws apply Guadeloupe (Caribbean) Martinique (Caribbean) Guiana (South America) Réunion (Pacific) French Polynesia (Pacific) Wallis and Futuna Islands (Pacific) Saint Pierre et Miquelon (North Atlantic) Saint Martin (Caribbean) Saint Barthélmy (Caribbean) Mayotte (Indian Ocean, DOM as of 2011) Special Status Territory New Caledonia (Pacific, 2014 independence referendum) Terre Australes et Antarctiques Française (TAAF) Terre Adélie (Antarctic), Clipperton Atoll (Pacific), and 9 other uninhabited islands in the Indian Ocean Economy France’s economy ranks second, after Germany, in Europe and fifth in the world.20 It has a blend of agriculture, industrial, and services; the service sector accounts for most of the job growth in recent years. Principal industrial exports include aircraft and engines, beverages, electrical equipment, chemicals, cosmetics, and luxury products. French Economy Source: U.S. State Department, Bureau of European and Eurasian Affairs, www.state.gov Although the smallest sector of the French economy, the Agriculture, 3.8% agricultural sector is the most productive in Europe and Industry, 24.3% second only to the United States as an exporter of agricultural products. Leading Services, exports, 70 percent of which 71.6% go to other EU countries, include wine, wheat, meat, and dairy products. Grain fields cover the north of France. Dairy, poultry, pork, and apple production are centered in the west and beef production in the central area. Fruit, vegetable, and wine production spreads throughout the south and central areas. 20 The World Bank, http://data.worldbank.org. 77 Europe and International Real Estate Despite its economic strength, many economists feel that France’s competitiveness is compromised by the power of its labor unions and lack of workplace flexibility. In a move to encourage work and increase time on the job, in October 2007 national legislation made overtime work beyond the standard 35-hour work week exempt from income and payroll taxes. Legislation allowing more businesses to stay open on Sunday, although approved Vineyards in Provence by the Parliament, French wine producers developed stirred extreme the system of Appellation d’Origine controversy. Controlee (AOC), a designation granted to certain products based on the source; for example, only wines produced in the historic region of Champagne may be rightly called champagne. Private sector wages tend to grow consistently faster than the GDP. For example, from 2001– Wines of Alsace 2007 private sector wages grew at a rate of 3.1 percent while 21 the GDP grew at an average of 1.8 percent. On the other hand, France’s generous unemployment and social benefits softened the impact of the 2008–09 global financial crisis. Real Estate Professionals in France The Federation Nationale de l'Immobilier (FNAIM), France’s national association for real estate professionals, maintains an online database of listed properties. FNAIM also upholds a code of ethics for association members. The organization membership covers about 62 percent of real estate agents and brokers in France. Government statistical sources 21 Background Notes: France, U.S. Department of State, Bureau of European and Eurasian Affairs, www.state.gov. 78 5. A Look at France report that about 45 percent of real estate transactions involve a real estate professional—agent or notary—as an intermediary.22 France requires professional licensing for real estate agents (agence immobilière) and brokers. Agents and brokers must obtain a Business Card (carte professionelle), known as the T Card, which is recorded in the Trade and Companies’ Register. The Business Card entitles the agent to conduct “housing and business premises transactions.” In order to obtain a Business Card, the real estate professional must show proof of vocational aptitude through training or work experience. The agent must also obtain a bond to protect clients’ funds and carry liability insurance. The real estate professional must display the Business Card number, the amount of financial guarantee provided, the name and address of the underwriting organization, and the rates or terms for calculating fees. Commission rates are negotiable and subject to VAT. National law mandates payment of the real estate agent upon completion of the transaction, which means that the agent or brokerage may not receive compensation for any services prior to closing. FNAIM has been working to amend the current law, the Hoguet Law, so that agents can offer a broad range of services and customize remuneration arrangements. Property managers’ fees are fixed according to the terms of the management agreement—usually a percentage of the monthly rent. The real estate agent must hold a written agency agreement in order to represent a client—seller or buyer. Real estate purchase transactions require the services of a notary (notaire). The notary administers most of the aspects of the transaction including preparation of documents, execution of the final deed, and registration of title. Duties are to: Prepare the purchase agreement Hold deposits Conduct required searches for title clearance, liens and encumbrances, zoning compliance, and waiver of municipal preemption rights Prepare and execute the deed of sale Schedule and supervise the transaction closing 22 Institut de la Statistique et des Étude Économique (INSEE), www.insee.fr 79 Europe and International Real Estate Collect registration fees Complete the registration of the property deed The buyer pays the notary fees, usually about one percent of property value plus VAT, at time of closing. Transaction Steps The transaction begins with a purchase agreement (compromis de vente) and 5–10 percent deposit, which is held by a notary. The purchase agreement allows a 7-day cooling-off period during which the buyer can withdraw. The purchase contract can be in the form of an option (promesse unilatérale de vente), which gives the buyer a choice whether or not to proceed with the transaction. Exercising the option commits the buyer to completing the transaction and the seller has the right to retain the deposit, usually 10 percent, if the buyer backs out. Several types of required certifications and searches, many completed online, follow execution of the purchase agreement. The notary performs most of these: Land Registry certificate of non-encumbrance and 30-year title search Cadastral registry certificate (plan catastral) Municipal land use certificate (document d’urbanisme) Waiver of preemption rights from the Municipality, which has right of first refusal exercisable for up to 60 days; the local government agricultural organization (SAFER) may also hold preemptive rights in order to assure proper use of agricultural land Seller furnishes environmental reports, termite and asbestos certifications, and optional energy performance certificate Notary prepares the deed of sale and notifies parties of closing date Buyer and seller meet with the notary to complete the deed of sale (acte de vente authentique) Notary collects registration fees (frais) and applies for registration of the deed at the relevant Land Registry (Conservation des 80 5. A Look at France Hypothèques); the original deed of sale, called the minutes, remain with the notary Upon completion of all transaction paperwork, the notary provides an attestation d’acquisition Closing Costs Transaction fees and taxes average 7.5 percent of the purchase price and represent a major source of revenue for départments VAT of 19.6% is assessed on real estate agent commissions 19.6% VAT on the first sale of a new property within five years of completion but registration fees are reduced ? Discussion Question How do these steps compare to transactions in your market area? 81 Europe and International Real Estate Where do foreigners buy real estate in France? There are no restrictions on foreign ownership of real estate in France. According to the FNAIM, foreign buyers flock to picturesque resorts on the Mediterranean coast, historic villages in the southwest, and mountain resorts in the eastern French Alps. More than half of the transactions involve British buyers. Les Gets–55% Chamonix—58% Valle d’Isere–33% Dordogne–20% Charente–10% 82 Cap Ferrrat–20% Villefranche–55% Ramatuelle–46% 5. A Look at France Mortgage Financing Mortgage financing is a very competitive business in France but also a remarkably stable one. Fixed-rate long-term mortgages with terms of 20– 30 years comprise the majority of loans. Other types of mortgage products—variable rate, flexible payment, and interest only—are available but a small segment of the market. Mortgage Terms Source: Crédit Logement, CSA Observatoire Customarily, maximum de Financement des Marchés Résidentiels 30+ years, 1% loan-to-value is 80 Under 10 years, 4% percent with a 33 percent maximum debt-to10-15 years, 13% income ratio. Because 20-25 years, French mortgage 30% underwriting standards 25-30 years, focus on the borrower’s 27% ability to pay over the life of the mortgage, the incidence of default is quite low—less than 1 percent. Lenders may require mortgage life insurance, the cost is about .5% of mortgage value, to repay the loan in the event of the borrower’s demise. Early payoff of a mortgage usually involves an early redemption fee, which cannot exceed 3 percent. French Mortgage and Banking Terminology Tableau d'amortissement: amortization schedule, monthly repayment schedule Prêt in fine: interest only mortgage Taux: interest rate Taux fixe: fixed interest rate Prêt immobilier: mortgage Prêt modulable: flexible mortgage Taux revisable: variable interest rate TEG—Taux efféctif global: annual percentage rate (APR) Frais: fees Bordereau d’inscription: notary’s description of a mortgage IRA—Indemnités de remboursement anticipé: early payoff fee Capacité d’endettement: maximum DTI ratio Délai Scrivener: 11-day cooling-off period before accepting a mortgage offer ADII—Assurance décès invalidité incapacité: life and disability insurance Expertise: valuation RIB—Relevé d’identité bancaire: bank account information 83 Europe and International Real Estate Residential Real Estate Demand outstripping supply characterizes the French residential real estate market. Long lead time for construction and fast growth in household formation keep the housing supply chronically short of demand. Like the rest of Europe, French house prices increased up to 2008 and then declined. Between 2003 and 2007, house prices increased by about 10 percent annually and then fell about 9 percent in 2009.23 But neither the increases nor decreases were of the magnitude experienced by other countries such as the Baltic states, Spain, or the United States. Housing—A Fundamental Right Among European countries, France has one of the largest sectors of subsidized and public (social) housing—about 20 percent. Netherlands and the U.K. have higher percentages, Germany and Italy have lower. National legislation, the landmark 1990Besson Act, states that housing is a fundamental human right and duty of the state. “Guaranteeing the right to housing is a duty of solidarity incumbent upon the whole nation. Any person or family experiencing peculiar difficulties, in particular owing to inadequate resources or living conditions, shall be entitled to community aid, as provided under this Act, in order to accede to and remain in decent independent housing.” Towns with a population of more than 5,000 must provide 20 percent social housing. The Besson Act mandates Départmental action plans for lodging those most in need. The national Housing Solidarity Fund provides subsidies for those in need. The national government finances social housing but local authorities plan and administer it. Social housing is predominately urban with concentrations in peripheral areas. The Urban Framework Act of 1991 ensures a “right to the city” for all citizens. The Act requires “local bodies to provide living and dwelling conditions which will foster social cohesion and enable conditions of segregation to be avoided.” 23 “Trends in the French Housing Market,” Trésor-Economics, No. 71, January 2010, Direction Générale du Trésor et de la Politique Économique (DGTPE), www.minefe.gouv.fr. 84 5. A Look at France La Rive Droite La Rive Gauche Sixteen arrondissments make up the city of Paris “intra muros,” inside the peripheral ring st th road. The 1 and 8 house the central business district. The River Seine bisects the city into Right and Left Banks—La Rive Droite and La Rive Gauche. Commercial Real Estate Recent trends in commercial and investment property transactions—rentals, sales, and construction—mirror trends in residential real estate. The global financial crisis of 2008–09 put a damper on commercial and investment property transactions. By the first quarter of 2010, the markets appeared to stabilize but well under peak 2007 levels. In Paris, prime commercial space is located on the right bank of the River Seine within the Central Business District (CBD), 1st, and 8th arrondissements and the adjacent 2nd, 9th, 16th and 17th arrondissements..The Boulevard Périphérique ring road divides the city “intra muros” from the suburbs and encompasses all of those business areas. Rental rates for office space, quoted in square meters per year, reflect this distinction. In the first quarter of 2010, average CBD office rents were €543 m2 Photo by Simdaperce, Wikimedia La Défense, west of the central business district, is dominated by modern high-rise office buildings. The Grande Arche de Défense stands as a monument to humanitarian ideals. 85 Europe and International Real Estate per annum with 6.4 percent vacancy rates. In comparison, average rents were €134 m2 per annum and vacancy rate of 6.1 percent in the outer rim. West of the CDB, in La Défense, a modern business district of stylish highrise office buildings, rents were €443m2 per annum with a vacancy rate of 4.6 percent. Overall, average office rents for Île-de-France—Paris and environs—were €318 m2 per annum with an overall vacancy rate 7.1 percent.24 Real Estate Data Sources The most widely quoted sources for data on the residential housing market are INSEE-Notaires index, compiled by the Institut de la Statistique et des Étude Économique in collaboration with the Chambres de Notaires, www.insee.fr FNAIM index compiled by the Federation Nationale de l'Immobilier from members’ real estate transactions, www.fnaim.fr The INSEE-Notaires Index is compiled from registration records of about two-thirds (approximately 850,000 transactions yearly) of all real property transactions in France. The FNAIM draws information from a smaller but timelier data pool, members’ completed transactions and properties under contract (about 150,000 transactions yearly). Consequently, when compared, the two indexes tend to show inconsistencies with the INSEE-Notaires index showing greater percentage increases in property prices and lower percentages of price decreases. But the two indexes follow the same trend lines. Rental Properties Rental laws in France are very pro-tenant. Different regulations apply to furnished and unfurnished properties. Unfurnished properties are subject to the most restrictive regulations. For an unfurnished property, the minimum lease term is three years for an individual or six years for a company. At the end of the lease term, the 24 “Results 2009 and Outlook 2010,” Paris Digest, Newmark Knight Frank Global Real Estate Advisors, London, U.K., Q1, 2010. http://resources.knightfrank.com. 86 5. A Look at France landlord/owner can re-occupy the property only if the owner or a family member intends to live there or if the owner plans to sell, or for some serious reason such as failure to pay rent or obtain house insurance. The owner must provide at least six months’ advance notice of this intention to end the contract, even in the case of nonpayment of rent. If the property is to be sold, the tenant has a right of first refusal at the same price offered by a buyer. Eviction of a tenant for nonpayment of rent entails a lengthy process and requires six-month grace period, which can be extended by up to three years if the tenant will suffer undue harm, such as no alternative housing or children missing school; a tenant cannot be evicted during the winter months—November to March. To avoid a lengthy court proceeding, leases customarily include a resolution clause that allows lease termination, after two months’ notice, for nonpayment of rent or failure to obtain house insurance Rent increases, tied to construction costs, cannot exceed the quarterly INSEE Index of construction costs. The tenant, on the other hand, may leave at any time with two to three months’ notice, or one month in the case of job loss or illness if over age 60. A tenant, however, may not sublet a property without the landlord’s consent. Furnished properties allow much more flexibility and can be rented for one year. The lease automatically renews unless either the owner or tenant gives notice. Notes: 87 Europe and International Real Estate The French Court System Constitutional Council Rules on constitutionality of national legislation before enactment Court System The French legal system, a successor to the Napoleonic Code, is based on civil (codified) law. Prior court cases influence judicial decisions but do not set precedent. Public law involves claims against government, public administrative matters, and criminal matters. Private law involves disputes between citizens or between companies. The French Court Systems consists of two separate streams Judicial Courts adjudicate civil and criminal cases. Administrative Courts rule on citizens’ claims against government offices and agencies. Judicial Courts Administrative Courts Court of Cassation (Supreme Court) Rules on compliance with law, not the merits of the case. Council of State Appeals Court Civil Courts Social Labor Tribunal Social Security Agricultural Land Tribunal Employment Tribunal Commercial Business Tribunal Criminal Courts Civil Tribunal de Grande Instance (divorces, adoptions) Correctional Correctional Tribunal Local Community Courts Tribunal of First Instance Police Court Administrative Appeals Criminal Assize Court (Serious criminal cases, jury trials) Administrative Tribunal Médiateur de la République Attempts to mediate cases before recourse to courts A bailiff (huissier) handles summonses, statements, writs, court seizure of property, and certified copies of documents and reports (constats). 88 5. A Look at France What the Real Estate Professional Should Know About Government Five Republics of France—Liberté, Égalité, Fraternité 1792–1804: First Republic The first republic was ushered in by the French Revolution and ended with the ascendancy of Napoleon as emperor. 1848–1852: Second Republic The Second Republic emerged from the Revolution of 1848, but soon ended with the restoration of the monarchy by Louis-Napoleon. 1870–1940: Third Republic The Third Republic rose from defeat of Louis-Napoleon by Prussian forces and subsequent year-long Siege of Paris. Although it continued for 70 years until 1940, it could not survive WWII. The Third Republic was disbanded by the German occupation of France and replaced by the collaborationist Vichy government. 1946–1958: Fourth Republic The period immediately following WWII was a time of both rapid economic growth and internal political turmoil. The old allegiances crumbled as colonies sought independence through armed conflict. A stunning military defeat at Dien Bien Phu, Vietnam (Indochine), followed by the Algerian uprising of 1958 proved the breaking point. General Charles DeGaulle, a WWII hero, won the presidency and brought the nation out of crisis. 1958–present: Fifth Republic A new constitution ushered in the current republic. In the years of the Fifth Republic, France has been a leader in strengthening the EU and a vigorous participant in global diplomacy. Presidents of the Fifth Republic are: Charles DeGaulle, George Pompidou, Valéry Giscard d’Estaing, François Mitterrand, Jacques Chirac, and Nicholas Sarkozy. National Executive and Legislative Branches The national government consists of the executive and legislative branches. The executive branch is headed by the president as chief of state, and a prime minister, appointed by the president, as head of 89 Europe and International Real Estate government. The term “gouvernment” refers most often to the group of appointed ministers who serve under the prime minister. The legislative branch consists of a bicameral parliament. The lower house, the National Assembly, has 577 members, each of whom represent a constituency of about 100,000 inhabitants. The upper house, the Senate, has 346 (as of 2011) members and is elected by an electoral college (grand électeurs) made up of the members of the municipal, department, and regional councils. Major Political Parties Left Center Right Socialist Party Communist Party New Center (former UDF) Popular Movement Greens Democratic Movement National Front (extreme right) Parliament meets for one nine-month session each year. The president can call an additional session under special circumstances. Although parliamentary powers have gradually diminished under the Fifth Republic, the National Assembly can still cause a government to fall through a no-confidence vote. Regions, Départments, Communes Below the national level, the structure of departmental and municipal governments remains largely unchanged from the Napoleonic era. The authority of regions, départments, and communes frequently overlap. Traditionally, French governance and decision-making was very concentrated at the national level, but the trend in recent years is toward more decision-making at the local levels. Starting at the most local level, 36,000 communes created during the French Revolution, each with a mayor and council, govern the villages and towns. The communes have growing control of local government spending and priorities. But with the migration from rural areas to cities, the populations of some communes have dwindled to a handful of inhabitants; in these cases, the national government has encouraged amalgamation with neighboring communes. The attempt to amalgamate smaller communes has achieved uneven results. By contrast, the United 90 5. A Look at France States has about 19,400 municipal governments and 3,100 counties among the 50 states. The 96 Départments are also a product of the French Revolution. The Départments are configured on the basis of territory, not population, and are roughly equivalent in area. Today the Départments, under supervision of locally elected Councils, function as a representative of the national government under the supervision of the Ministry of Interior. The Départment Conseil Général oversees economic development, infrastructure, and the like. The Départment Préfecture, a parallel structure, acts as the liaison to national government and oversees police, firefighters, passports, driving licenses, vehicle registrations, and similar matters. Traditionally the distance a coach and horse could travel in out and back one day from the capital city determined Départment size; this quaint measure holds little relevance today. In an effort to streamline governance, a system of 22 Regions, each containing several Départments, was introduced in 1964. The Regions, for the most part, echo the historic provinces of France (see page 76). A directly elected Conseil Régional oversees regional affairs. 22 Regions Regional Général and President 96 Départments ConseilGénéral and President 36,000 Communes Municipal Council and Mayors French Taxes—Income, Real Estate, Capital Gains, and More France is a very tax-intense country with a complicated tax code. If your client plans to purchase an income property, buy a second home, start a business, inherit property, or spend an extended period of time in France, the advice of a French tax advisor can help manage a potentially expensive tax bill. Following are highlights of taxation of income, real estate, rental income, capital gains, social charges, social security, and other taxes. 91 Europe and International Real Estate Capital Gains Tax—Impôtsur les Plus Values No capital gains tax on principal residence if owned for 5 years, or for pensioners (65+) and invalids regardless of citizenship or residency Notary withholds applicable taxes at time of transaction closing French and EU Residents, SCIs Société Civile Immobilère (SCI) 16% on net gain A property investment partnership with taxtransparency and limited liability French residents and SCIs pay additional 12.1% social charges Basis adjustments of 7.5% for acquisition costs and 15% for capital improvement Larger deductions available with proof, i.e. invoices After 5 years ownership, 10% per annum discount results in no tax after 15 years Non French or EU Residents 33.3% on net gain After 5 years of ownership, 10% per annum discount results in no tax after 15 years Establishes French residency of ownership entity, qualifies for lower capital gains tax treatment Requires registration and annual accounting reports in French; penalty of 3% market for failure to report. If value exceeds €150,000 requires a French tax representative Not applicable to rentals of furnished properties or for developers, subdividers, and property dealers Social Charges—Cotisations Not withheld, taxpayer receives an annual statement (avis d’imposition) in September/October based on tax return filed previous May 15th About 50% of amount is deductible from income Three rates: 8% on salaries, self-employment income, unemployment benefits —applied to 97% of total 7.1% on retirement income, disability, and pensions—applied to 95% of total 12.1% on investments, annuities, rental income, capital gains—applied to 100% of total Social Security—Sécurité Sociale Typically about 13% contribution by employee 40–50% contribution by employer, about 22% for self-employed Covers pension and healthcare Value Added Tax (VAT)—Taxe sur la Valeur Ajoutée 19.6% tax on consumption (sales tax) including first sale of a new home Applies to real estate commissions 5.5% for improvements, conversions, and repairs of principal residence and second home. Not available for: construction that increases size more than 10%, adds height, reconstructs more than 50%, or adds balconies, terraces, parking areas, swimming pools, and similar features 92 5. A Look at France Taxes on Real Estate Income Rental Income Nonresidents pay 20% on net income for furnished and unfurnished properties; may apply for a lower rate if a French tax resident but must declare worldwide income Residents’ rental income taxed as ordinary income. Two types of rental income: foncier or BIC Foncier Bénéfices Industriels et Commerciaux (BIC) Applicable to rentals of unfurnished Applicable to business and commercial income property and land, developed (bâti) or Income under €32,000, 50% standard undeveloped (non-bâti) deduction for expenses Allows deductions for expenses, under Micro BIC: for furnished rentals allows 71% €32,000 income, 50% flat deduction deduction for expenses up to €80,000 income, Offsets personal income up to €10,700 but cannot show a tax loss Micro-foncier, under €15,000, 30% Can opt for RRS plan, irrevocable for 3 years deduction SCI Ownership: Establishes French tax residency Régime Réel Simplife (RRS) Applicable to furnished rentals, vacation rentals for the entity. Penalty if a “tax haven” company with income of €32,000 + owns the SCI. If SCI owners are tax residents of a Allows deduction for itemized expenses and country without a tax treaty, assessed value is carryover of losses three times the notional value Corporate Real Estate Tax: 3% on market value of French real estate Income Tax French tax residents are taxed on worldwide income. Treaties may prevent double taxation. Tax Residency Criteria: Meeting one of four qualifies an individual as a tax resident of France. Principal residence (foyer) in France Principal place of abode (lieu de séjour principal), 183 days residency in a year, cumulative, not consecutive, or spend more time in France than anywhere else Principal work activity in France Most assets or economic interests based in France Payment: No withholding, individual is responsible for all payments May be paid in 3, 10, or 12 installments May 15th annual filing date Social charges, taxes foncier and d’habitation billed separately in autumn Progressive rates: 5.5%, 14%, 30%, and 40% Income below €5,875 no tax, 40% tax on income over €69,783 18% on bond and bank interest, dividends Deductions: employment expenses, loan interest, aged 65+, disability Exempt income: pensions up to €38,000, profit-sharing plans, portion of selfemployment income up to €32,000 Credits: mortgage interest, childcare, electronic filing, purchase of environmentally friendly auto Parts: Household income is divided into parts based on number of family members and tax applied to parts. Adult = 1 part, minor child = ½ part 1st and 2nd child, 1 part 3rd + child. Adult children up to age 25 can “re-attach” to family 93 Europe and International Real Estate Tax d’Habitation Paid by the occupant, owner or tenant, of a residence as of January 1. Includes annual TV license. Tax due = assessed notional value (valeur locative cadastrale) x local tax rates set by Regions, Départment, and Communes; notional value is usually less than market value Collected by national tax authority on behalf of Region, Départment, and Commune 2.5% additional state collection fee Occupant receives an annual invoice (avis d’imposition) payable in autumn Usually pro-rated between buyer and seller for midyear sales Inheritance and Gift—Droits de Succession et de Donation Recipient pays tax Rates based on the amount received and relationship with the donor or deceased Spouses and partners: 5% to 40% Other relatives: 55% Siblings: 35% to 45% More remote relatives and unrelated persons: 60% Wealth Tax—Impôt de Solidarité sur la Fortune Annual tax on high net worth individuals €720,000+ in assets, applicable to assets in France for nonresidents .55%–1.8%, highest rate for assets of €1.5 million+ Défiscalisation As stated earlier, France suffers from a chronic shortage of housing. In order to alleviate the housing shortage and encourage investment in new housing and rehabbing of existing homes, France instituted several types of tax deductions and exemptions for certain types of investment. Advising taxpayers on these tax plans spurred the growth of a profession of défiscalisation counselors. An Internet search for “défiscalisation immobilère” produces thousands of Web site listings for counseling services. Some of the principal défiscalisation tax laws applicable to real property include: Loi Demessine: encourages development of housing in rural areas. Loi Girardin: promotes housing construction in overseas territories. Loi Malraux: provides tax deductions for rehabbing existing homes. Monuments Historique: provides favorable tax treatment for preservation of historic buildings. 94 5. A Look at France Loi Scellier: provides tax deductions for developing and renting lowincome housing, replaces depreciation amortization with flat deductions up to 37% of investment. LMP-LMNP: offers favorable tax treatment to encourage individuals to purchase and lease-back furnished residential rentals. Allows recovery of VAT, amortization of capital costs, capital gains tax reduction, and full deduction of operating costs. Doing Business in France—Beyond the Basics The French are known for their pride in excellence, whether in traditional products or contemporary creations. The cost of living tends to be high in a country that places such a premium on quality, even in imports, but fortunately even the simpler and cheaper products tend to be good. Although generally polite in business dealings, the French are sometimes perceived as haughty by their European neighbors. But speaking even a little French will go far to overcome barriers. As in the world over, people tend to be more reserved in large cities like Paris than in small towns and provinces. The French tend to be rather private and family-oriented with different codes of conduct for those inside the circle of friends and family and those outside. Families tend to be small and the role of parent is taken very seriously. The extended family can be called on for connections and emotional and sometimes financial support. It is only with the inner circle that they can relax and express individuality. Friendship implies frequent contact and mutual support when needed. When introduced, a handshake is appropriate along with the greeting for the time of day. Close friends may greet each other with a light kiss on both cheeks—left and then right. Business cards are exchanged without a formal ritual though cards should always be treated respectfully; French business cards may be a bit larger than the North American standard format. Business conduct stresses courtesy and formality. Before doing business, the French expect to establish a foundation of mutual respect and trust, which is earned through proper, courteous behavior. Appointments should be made by letter or phone at least two weeks in advance. A secretary may handle appointments for senior executives. Avoid scheduling a meeting during the months of July and August as 95 Europe and International Real Estate these are the traditional vacation periods. Punctuality is important; if delayed, phone immediately and provide an explanation. Business meetings are for the purpose of discussing issues, not making decisions. During discussion, the French may be quite candid and direct in their communications. Usually the upper levels of company hierarchy make business decisions. And many French businesspeople are quite risk averse. When making a presentation, avoid high-pressure tactics—low key is a better approach. Maintain direct eye contact and present information in a detailed, logical progression. Do not be surprised if spirited debate ensues. Although business is conducted slowly, once an agreement is reached, it may be documented by a precisely worded, comprehensive document or contract. Appearances matter, so dress conservatively and in well-tailored clothing. The French appreciation for the finer things in life includes stylish apparel and accessories. If invited to a home, arrive on time and phone ahead if you will be delayed more than 10 minutes. It’s appropriate to bring a gift of flowers (an uneven number of blossoms but not 13) or wine of exceptional quality. Ask the florist for help in selecting the appropriate flowers as certain varieties and colors have symbolic meaning. For example, white lilies and chrysanthemums are associated with funerals, red carnations signify bad will, and white flowers in general are associated with weddings. If invited to a large dinner party, send flowers on the morning of the event so that they can be displayed that evening. 96 5. A Look at France Holidays January 1 New Year’s Day April/May Easter Monday May 1 Labor Day May 8 Victory (1945) Day April/May Ascension (40 days after Easter) April/May Whit Monday (50 days after Easter) July 14 Bastille Day August 15 Assumption of the Virgin Mary November 1 All Saints Day November 11 Remembrance Day December 25 Christmas Key Contact Federation Nationale de l'Immobilier (FNAIM) 129, rue du Faubourg Saint Honoré 75407 Paris France Phone: 33-1-44-20-77-24 Fax: 33-1-42-25-80-84 Email: [email protected] www.fnaim.fr 97 Europe and International Real Estate Notes: 98 Europe & International Real Estate 6. A Look at Germany 99 Europe and International Real Estate Geography and Structure In land area Germany ranks fourth in Europe (France, Spain, and Sweden are larger), but first in terms of population. Germany’s 80 million inhabitants (about one-fourth the U.S. population of 310 million) dwell in an area equivalent to the U.S. state of Montana. Germany borders Denmark, Poland, Czech Republic, Austria, Switzerland, France, Belgium, and the Netherlands. The Baltic and North Sea form its coastlines. Because of its size in relation to the rest of Europe, almost half of Europe’s population lives within 500 kilometers (about 300 miles) of the German borders. Major cities are the capital of Berlin, Dusseldorf, Hamburg, Frankfurt, Munich, Cologne, Essen, Stuttgart, and Bremen. The former West German capital city of Bonn remains an important center for federal administration.Despite densely populated urban centers, Germany enjoys vast swaths of farm and forest land and unspoiled natural environments. Terrains range from low plains in the north, rolling hills and valleys in the center and east, and the mountainous alpine region of the south. Three historic and navigable rivers—Rhine, Danube, and Elbe—cross Germany. The months from May to September offer the best weather. Winters, from November through March, tend to be quite cold and snowy. More than 7 million foreigners reside in Germany, many of whom are the families and descendants of former guest workers. In the ‘50s–‘60s, Germany filled labor shortages by inviting foreign guest workers, mostly from Turkey, and many settled there permanently. Germany also offered asylum to thousands of refugees fleeing the Serbo-Croatian wars and continues to receive economic refugees from developing countries. Before a 2002 reform of immigration laws, German citizenship eluded most foreign residents, even those born and raised in the country. The reforms harmonized citizenship and immigration law with other EU countries. Now, children born in Germany of foreign parents become German citizens at birth if one of the parents was legally in the country for eight years and a permanent resident for three years. Dual citizenship 100 6. A Look at Germany is not recognized. Therefore, between the ages of 18 and 23, the children of foreign parents must affirm Germany citizenship by renouncing foreign citizenship. Immigrants can apply for naturalization after eight years of legal residency provided they speak German adequately and neither receive welfare payments nor have a criminal record. 16 Federal States (Länder) of Germany Baden-Wurttemberg Bayern†‡ Berlin* Brandenburg* Bremen‡ Hamburg‡ Hessen Mecklenburg-Vorpommern* Niedersachsen Nordrhein-Westfalen Rheinland-Pfalz Saarland Sachsen*† Sachsen-Anhalt* Schleswig-Holstein Thuringen*† * Formerly East Germany † Referred to as free states (freistaaten) ‡ City States (stadtstaaten) The Modern State of Germany Although many of its towns and villages are old, some dating back to the Roman Empire, the country that we know today as Germany is a rather recent construction. The modern state of Germany grew from the German Empire, proclaimed in 1871, and its history entwines with other European countries. Before that time, the German-speaking territories were a loosely affiliated collection of duchies, kingdoms, bishoprics, principalities, fiefdoms, and independent towns. 101 Europe and International Real Estate Formation of the State of Germany 1618–1648 The Thirty-Years War splits German-speaking lands along religious lines with the Protestant cause in the northern lands and the Roman Catholic Church in the south and Austria. Two imperial families rise to power—the Protestant Hohenzollern in the north and the Catholic Hapsburgs in the south and Austria. 1806–1814 Napoleon organizes the German states into the Confederation of the Rhine, which collapses with his defeat at Waterloo. 1814 Diplomats from Russia, Prussia, Austria, Britain, France, and other countries meet in Vienna to redraw national borders jumbled by Napoleon’s conquests. German-speaking land are grouped s into a loose confederation. 1834 Prussia, under Hohenzollern rule, becomes the dominant power and rivals Hapsburg-ruled Austria. Prussia leads a group of 18 German states in forming the German Customs Union with a loosely organized federal Diet, the Deutscher Bund. Austria forms its own customs union among Hapsburg territories. 1870 Queen Isabella of Spain, a notorious political schemer but also a great-granddaughter of Louis XIV, abdicates. The vacant throne was offered to a German prince of the Hohenzollern line. In reaction, France declares war on Germany. 1870–1871 1914–1918 102 Franco-Prussian War decides the future of Germany as a united country. Germany defeats France and imposes harsh reparations. The unified German Empire is proclaimed at Versailles in occupied France. William I of the Hohenzollern is declared emperor (Kaiser) of the new empire. Across Europe, a web of mutual defense alliances clicks inexorably into place leading to the devastating First World War. 6. A Look at Germany 1919 Treaty of Versailles ends hostilities. England and France demand harsh reparations. France regains lands lost in 1871. Other portions of German territory are ceded to Austria, Czechoslovakia, Poland, Belgium, and Netherlands. 1919–1939 Weimar Republic in Germany, in place of the monarchy, struggles through two decades of hyperinflation, militant extremists, and the continued hostility of France, England, and Russia. In 1939, Hitler’s political faction, the National Socialist (Nazi) Party, brings about the Weimar Republic’s downfall. 1938–1939 Annexation of Czechoslovakian territory followed by invasion of Poland (lands formerly part of German territory) triggers World War II. 1945 At close of WWII Germany’s territory is divided among the allies— France, Britain, the United States, and Russia. The allied sectors and Berlin are merged into West Germany, but Russia refuses to cede its portion. Berlin, located 110 miles inside the border of East Germany, becomes a flashpoint for Cold War relations but also an escape route. 1961 The Soviet Union under Nikita Khrushchev, fed up with the continuous flow of refugees through Berlin, begins construction of the Berlin Wall in August. Berliners awake to a newly divided city. 1989 A wave of popular uprisings sweeps through former Iron Curtain countries and Soviet Russia. In November the Berlin Wall is opened allowing free movement between east and west. 1990 Germany, East and West, is officially united. 103 Europe and International Real Estate Germany—Logistics Center of Europe The northern seaports of Hamburg and Bremen are an important shipping point for trade with the United Kingdom and Scandinavian and Baltic states. An extensive network of roads, railways, and inland waterways in the Rhine-Ruhr region, centered in Dusseldorf, connects and closely integrates with the trade in the Benelux countries. Land and water links also connect with Switzerland, Austria, and the Balkans. The Rhine-Main-Danube Canal running from Bamberg to Kelheim provides a water route for large barges and ocean-going ships to travel from the North Sea across central Europe to the Black Sea. As the EU expands eastward, Germany’s eastern urban centers— Dresden and Leipzig—are quickly developing as freight hubs to serve Poland, the Czech Republic, and points east. The Port of Hamburg is Germany’s largest logistics center for shipping, warehousing, and freight handling. With the dense network of roads, seaports, railways, and roads, it should come as no surprise that logistics—shipping, freight handling, storage, and warehousing—constitute a major economic sector for Germany. In fact, logistics is the third largest economic sector, more than a quarter of Europe’s total, and produces about 8 percent of the German GDP. Shipping alone accounts for almost half of the logistics activity and shipping and storage companies occupy 60 percent of the warehouse space in Germany. Approximately 60,000 German logistics companies employ 2.5 million workers—about 8 percent of the workforce. The volume of traffic to the Benelux, United Kingdom, and Scandinavia concentrates the logistics workforce along the Rhine to North Sea corridor. Germany—Unified and Still Divided? Remaking Germany into one country, economically and socially, has been a long-term, expensive, and emotional process without precedent. Together, east and west had to devise an orderly way to dismantle a state-operated socialist system and combine it with a capitalistic democratic one. 104 6. A Look at Germany Privatizing Property A first step toward unification was privatizing former state-owned real property and businesses in the East. More than 50 years of Nazi and Soviet expropriations and confiscations left few records of ownership of most properties and businesses. Some prewar owners of properties were able to buy them back; others recovered them through the courts. Mass confusion and numerous lawsuits made investors wary of purchasing properties with murky titles. The easiest properties to dispose of were state-owned apartment buildings. Many were sold to property developers who, with the help of government grants, rehabbed the units or demolished the crumbling buildings and replaced them with upscale row houses and apartment buildings. Twenty years later, affluent families from the west now cluster in Berlin’s trendy enclaves where once stood stacks of dreary Soviet-era apartment blocks. German Postage stamps commemorate the fall of the Berlin Wall. Restarting Private Enterprise The government-established Treuhand (Trust Agency) took over about 8,000 East German enterprises and sold them to bidders. The agency also took control of thousands of hectares of agricultural and forest land and property of the former National People's Army. Despite interest from foreign investors, the Treuhand favored German investors. As a result, more than 95 percent of the investment was from within Germany; a sizeable portion of that was simply expansion of western companies into eastern markets. Uncertain conditions, labor unrest, and parity between the West and former East German mark made investors hesitate to start up business operations. Furthermore, some economists believe that the one-to-one conversion rate between the East and West German mark, although 105 Europe and International Real Estate politically popular, offered little support and actually retarded eastern economic development. The east/west parity meant that goods produced in the east, often inferior quality, quadrupled in price. Parity also meant that in the notoriously underproductive state-owned enterprises workers’ wages far exceeded productivity level. Trade union demands for equal pay, east and west, further exacerbated the wage-work imbalance. In a number of cases, investors bought eastern firms on a wait-and-see basis; they conducted a minimum level of business operations to satisfy Treuhand requirements, but not enough to start up operations or increase employment opportunities. Instead of starting up business operations in the east, West German firms found it easier and cheaper to serve the new eastern markets by expanding production in existing western facilities. Conditions sent eastern Germany into an economic tailspin while the western economy experienced a boomlet resulting from a new market of 16 million consumers and westward migration of thousands of trained, motivated workers. Unemployment and Westward Migration In the transition, shutdown of hundreds of factories and state-run farms put 2.5 million workers (out of 4 million total) out of work and many moved westward. Since unification about 1.7 million people, almost 12 percent of the population, have left the eastern states. Soviet-style factory towns have fared very badly. For example, Eisenhüttenstadt, built by the Soviets in 1950 to house 13,000 steel mill workers, has dwindled to about 2,500 inhabitants; a shutdown of the steel works seems inevitable. Lack of jobs has forced many young people westward and young women make up a disproportionately high number of these migrants. In some regions the number of women aged 20–30 has dropped by more than 30 percent and created an extreme gender imbalance. Solidarity Tax Government stepped in where private enterprise failed to lift the Eastern states out of economic lassitude. Years of neglect left behind crumbling roads, railways, and bridges, unreliable telephone service, and inadequate power supplies. In order to foot the several-trillion-euro bill for rebuilding infrastructure and providing a social safety net, the Germany government introduced a Solidarity Tax (solidaritaetszuschlag) in 1995. Only western taxpayers pay the 5.5 percent surcharge on income taxes; for example, a taxpayer who owes €5,000 in income tax would also 106 6. A Look at Germany own €275 in solidarity tax. The surcharge yields about €11 billion yearly and will continue until 2019. West Germans, who see little result for their tax dollars, are understandably resentful of the surcharge. But not all of the east is locked in economic torpor. For example, as noted earlier, exports to Central and Eastern European countries have made Leipzig and Dresden into thriving logistical centers for shipping and warehousing. Dresden is also developing into a center for chip making and technology development. Jena, a traditional university town, is quickly developing into a center for biotechnology research. Former Hanseatic cities on the Baltic coast are also enjoying a resurgence of shipping activity. The Social Divide One of the few remaining Perhaps the most difficult division to overcome has sections of the Berlin Wall stands been the social one. Despite two decades of unity, out of the European Parliament many Germans see a distinct and enduring social building. Photo courtesy of and cultural divide between east and west—the Ossi European Commission Audio Visual Service. and the Wessi. Some speak of the “wall in the mind” while others, Indulging in “ostalgie,” yearn for the “good old days.” Twenty years after unification, a survey conducted by a leading Berlin newspaper found that only 22 percent of former East Germans (40 percent of under-25s) consider themselves “real citizens of the Federal Republic.” A full 62 percent feel in a kind of limbo, no longer citizens of East Germany but not fully integrated into the unified Germany.25 Economy According to the World Bank, $1.4 trillion in exports makes Germany the world’s second-largest exporter (China and the United States rank first and third). It is also the most export-dependent of the EU countries. A strong euro, however, has reduced exports to non-euro trading partners such as the United States, United Kingdom, and Europe outside of the Eurozone. The global slowdown slowed Germany’s economic growth, 25 "Nochnichtangekommen—Survey of 2,900 adults in the New Länder in summer 2008". Berliner Zeitung. 21 January 2009. www.berlinonline.de/berliner-zeitung/archive. 107 Europe and International Real Estate even though internally it was not experiencing the financial sector imbalances to the same degree as its trading partners.26 Corn, wheat, potatoes, sugar, beets, barley, hops, viticulture, forestry, and fisheries Agriculture, 1% German Economy Source: World Bank www.data.worldbank.org , 0% Industry, 30% Export: 1.498 trillion. Major markets: France, U.S., U.K. Services, 69% Business services, healthcare, information technology, insurances, banking, financial services, retail, tourism and hospitality Imports: $1.232 trillion. Major suppliers: France, Netherlands, Belgium, China Motor vehicles, electrical and precision engineering, iron and steel, petroleum products, chemicals, green technology, apparel, food products, optics, medical technology, biotechnology, aerospace, logistics Mining: lignite, potash, natural gas, iron ore, coal Real Estate Professionals in Germany About half of the real estate transactions in Germany involve a real estate agent or broker. There are no federal or state licensing requirements for real estate agents or brokers. Immobilienverband Deutschland (IVD), the national organization for real estate professionals, requires as a condition of membership successful completion of a qualification exam before an admissions committee as well as proof of professional liability insurance. It is not uncommon for young real estate professionals to have university degrees in real estate. In addition to real estate agents and brokers, IVD membership includes property managers, financial services, valuation experts, and developers. 26 “The German Property Market—an Overview,” Real Estate Market Outlook German, German property market, Aberdeen Property Investors, www.aberdeen propertyinvestors.com. 108 6. A Look at Germany The IVD was established in 2004 as a merger of two former real estate associations: the Ring Deutscher Makler (RDM) and the Verband Deutscher Makler (VDM). Transaction Steps There are no legal restrictions on foreign nationals buying property in Germany. Financing is possible for foreigners, but mortgage loans to foreigners typically cover only 60% of the purchase price. Property Search Because Germans see buying a home as a once-in-a-lifetime event, the search process may take several months or years. But once the right property is found, buyers begin the transaction process by making an offer through the listing agent (makler). Purchase Contract The makler conveys the offer to the seller. When the buyer and seller agree on price and terms, the next steps is for the notary (notar) to prepare the purchase contract. The notar serves as an impartial middleman between buyer and seller. The buyer may choose a notar and, since all legal proceedings are conducted in German, may select a notar who speaks the same language or hire an interpreter. The notar checks the land register to uncover any impediments to the sale of the property and restrictions on its use. The purchase contact states the following: Full names and addresses of the buyer and seller Details of the property including a precise description Purchase price and terms Contingencies and stipulations in case either party fails to fulfill the contract terms The buyer should check the property for any major defects. Although obligated to disclose hidden defects, the seller has no obligation to point 109 Europe and International Real Estate out any easily observable conditions. The notar will verify that there are no outstanding liens on the property, but is not responsible for the condition, or any defects, of the property. The buyer must demonstrate ability to pay for the property by present a mortgage approval—an irrevocable acceptance of loan financing—from a bank of good standing or, for a cash transaction, proof of existing funds. The seller agrees to entry of a priority notice in the land register, which protects the buyer from other sales activity such as a competing offer. Signing Ceremony There is no extended preclosing time period during which inspections are completed and contingencies met. Signing the contract completes the deal. At the signing ceremony, the notar reads the contract aloud, in German, in the presence of the buyer and seller. The proceedings may be interrupted by either party to question a contract point and receive full clarification. It is advisable to obtain a copy of the purchase contact before meeting with the notar, review if carefully, and have it translated if necessary, and prepare any questions to ask during the contract reading. The buyer’s purchase funds are deposited into the notar’s account and paid to the seller upon recording of the transaction in the land register. Notar’s fees, about 1.5–2 percent of the purchase price, cover contract preparation, the signing ceremony, and land register entry. The notar’s fees and the makler’s commission (subject to 19% VAT) are also paid from this account. Real estate transfer tax must be paid by the buyer within four weeks after completing the transaction. Land Register—Grunbuch Following the signing ceremony, the notar applies for registration in the local land registration records—the Grunbuch, usually located at the district courthouse. The land registration is the primary documentation for a piece of property. The transfer of ownership is complete when: The notar has applied for registration An entry has been made in the land register Previous mortgages have been paid The tax office has certified that the seller has no unpaid property taxes 110 6. A Look at Germany On average, it takes about 40 days for completion of property transaction registration procedures and for the seller to receive payment. Residential Real Estate Germany is a nation of renters. Only40 percent of Germans own their own home—the lowest rate of home ownership in the EU. Economists point to several reasons for this condition. The post-War housing shortage continued into the 1970s and need for housing was met by government-subsidized construction of inexpensive apartment blocks. Germans tends to view the purchase of a home as a once-in-lifetime event. Homeowners seldom change residences as life circumstances change. “Once a renter always a renter.” Popular wisdom holds that families who have lived as tenants for many years do not aspire to home ownership. Land is scarce and expensive. As noted earlier, Germany’s large population is densely packed into urban centers making land scarce and the single-family homes that sit on it expensive. Although mortgage rates are low, down payment requirements tend to be high—usually 20 percent or more. Because Germans tend to buy houses for life, they tend not to sell and buy homes as their lifestyles and stages change. As a result, residential market values fluctuate little. Although in 2008–09 house prices fell, the drop was small compared to other EU countries and the demand for choice locations remains high. Consistent with population migration trends, the highes-priced residential properties are concentrated in the south (Munich and Stuttgart) and West (Frankfurt, Cologne, and Dusseldorf). The lowest residential prices cluster in the East (Dortmund, Dresden, and Leipzig). With the exception of Berlin, depressed property prices will likely persist in all of the former eastern German states. Rental Properties In a nation of renters, it’s not surprising that Germany’s laws generally favor the tenant. 111 Europe and International Real Estate Deposit cannot exceed three months’ rent and is held in an interestbearing account. Rent increases are strictly controlled. A landlord must provide a reason for a rent increase and justify it by providing information on rents for similar properties. If increased rent is more than 20 percent above the comparable properties, the landlord can be fined. The lease may contain a graduated rent increase clause, or an index clause. Graduated rent clauses generally do not exceed 20 percent over a three-year term. If not stated in the lease, the landlord is responsible for utilities. The landlord must provide one of two types of notice to remove a tenant. Ordinary—three to nine months: If a landlord needs the premises for his own use, tenant breaches contract such as nonpayment of rent, or the lease contract prevents the landlord from making economically justifiable use of the premises. The tenant can object to the notice and demand a continuation if the removal would cause undue hardship. Immediate: A specific reason must be cited, such nonpayment of rent or serious breach of the contract, for immediate removal. Eviction for non-payment of rent can take up to a year. Energy Efficiency a Top Priority Germany responded quickly to the European Commission’s energy directive and enacted legislation in 2008 requiring energy certificates for existing residential properties. The two types of certificates are: Demand-oriented: analyzes energy usage based on the building envelope, construction materials, and heating system Consumption-oriented: analyzes actual usage based on heating bills for the previous three years 112 6. A Look at Germany The certificates provide potential buyers and occupants with full information on operating costs related to energy consumption. A growing trend in the rental market is energy efficiency as a factor in determining rent indexes—the standard that determines allowable rent increases. In order to prevent conflicts between landlords and tenants and provide incentives for energy efficiency upgrades, municipalities are developing residential-rent indexes that incorporate the energy status of the building. These “ecological indexes” allow higher rents for energy-efficient buildings. In Berlin, trendy row houses replace Soviet-era apartment blocks and gentrify neighborhoods. Commercial Real Estate Five global cities—Berlin, Hamburg, Düsseldorf, Frankfurt, and Munich— contain the concentration of Class A office space. These cities also have highly developed service sectors, which usually generates corresponding demand for office space. Class B office space tends to cluster in regional markets where both the inventory and size of office spaces are smaller scale. In both Class A and B markets, very little construction of office space is done on a speculative basis; most is purpose-built. In regional markets, return relies more on income than value appreciation. The towns of Bonn, Münster, and Wiesbaden are traditionally administrative centers. Bonn is the former capital of West Germany. Following unification, relocation of Bundestag and federal capital to Berlin had little impact on space usage in Bonn. Many federal administrative offices remained in Bonn and vacated offices no longer met modern standards. In addition to federal offices, UN organizations and corporate headquarters of Deutsche Post and Deutsche Telecom headquarter in Bonn. Essen is growing as a center for corporate offices, commerce, and administration and some of Germany’s largest corporate are headquartered there—Aldi Nord, ThyssenKrupp, Hochtief AG, and others. Information and technology companies and administrative offices of 113 Europe and International Real Estate healthcare and insurance companies occupy the largest portion of office space in Essen. Dortmund is also developing as a center for information and communications technology. With the exception of Berlin, the commercial market in eastern Germany lags behind the west. High vacancy rates, low rents, and low appreciation potential combine to depress returns. On a regional basis, western price levels are higher and vacancy rates lower than regional locations in the east. Regional markets have low liquidity requiring a long-term perspective and lower rate of return, with the largest share of return coming from income. Office Space Rents, ROI, and Vacancy Rates27 City Average Class A Office Rent, Monthly per M2 % Rate of Return % Vacancy Rates Berlin €22 5.4 8.1 Dusseldorf €23 5.3 10.4 Hamburg €24 5.1 6.9 Frankfurt €37 5.2 13.6 Munich €32 5.5 8.1 Cologne 21,5 8.3 5.5 Stuttgart €17.5 5.5 6.2 Bonn €9.60–€16.70 6.50–7.50 5.9 Münster €12–13 6.6 5.8 Essen €12.50 6.3 3.6 Dresden €10 6.95 13.6 Leipzig €11 6.65 16.9 Germany’s real estate investment climate and approach generally could be characterized as rather risk-averse and conservative. Overall, a combination of little speculative building and above-average, fixed-rent prices suppresses market dynamics. 27 Thomas Beyerle, “The Regional German Real Estate Markets,” Germany Real Estate Yearbook 2009, www.reman-re.com 114 6. A Look at Germany As stock market volatility pushes capital out of equity markets, it seeks safe investment in high-quality, saleable properties. Consequently, demand remains high for investment grade properties in good locations with predictable rates of return, value appreciation, stable income, and liquidity. Demand is also driven by institutional investors seeking safety and income, and continuing capital formation as a result of high savings levels in emerging eastern and central European countries. Real Estate Information Web Sites Visit the following multi-lingual Web sites for helpful information on real estate and business. www.deutschland.de: main Web site of the Federal Republic of Germany www.bundesbank.de: Central Bank of Germany www.destatis.de: Federal Statistical Office www.germany-re.com: gateway to the German real estate market www.invest-in-germany.de: primary contact for entrepreneurs and companies wanting to start business operations in Germany www.german-business-portal.info: gateway to basic information about foreign trade and investment www.dihlc.de: Association of German Chamber of Industry and Commerce www.bfai.de: German Office for Foreign Trade 115 Europe and International Real Estate Court System in Germany No trial by jury. All verdicts are determined by a judge or panel of judges. Victims may participate in criminal cases as co-prosecutors. Constitutional Court Rules on constitutionality of legislation, resolves disputes between Federal and Länder states, may hear suits of individuals claiming violation of constitutional rights. Specialized Federal Court of Justice (Appeal only on points of law. No further appeal.) Criminal Civil Family Civil Civil Local Criminal Civil Federal Finance (Appeal) Federal Social (Appeal only on points of law) (Appeal only on points of law) Higher Labor (Appeal) Higher Social (Appeal) Administrative Labor Social Hears citizen complaints for compensation when government actions cause harm Hears cases involving labor disputes, collective bargaining, and workplace issues (Appeal only on points of law) Finance Tax Court Family Regional (Trial and appeal) Criminal Federal Labor Higher Administrative (Appeal) Higher Regional (Appeal) Criminal Federal Administrative Family A specialized Patent Court hears cases involving industrial and intellectual property. 116 Hears cases involving social security, workers compensation, unemployment compensation 6. A Look at Germany What the Real Estate Professional Should Know About Government Germany’s constitution is its Basic Law adopted in 1949. Federal governance is the responsibility of two bodies: the directly elected Bundestag and the appointed Bundesrat. The judiciary is independent of the legislative and executive. The top federal leadership positions are the President and the Chancellor. President As head of state, the President’s duties are mainly ceremonial. The President and Chancellor usually represent the same party but during the single five-year term the President puts aside party affiliation. Chancellor The Chancellor, who serves as head of government and the executive branch, is elected by the Bundestag from the majority or leading party. The Chancellor serves a four-year term and may be re-elected but cannot be removed unless a successor has already been identified. The parliament consists of two deliberative bodies: the elected 598member elected Bundestag and the smaller, appointed Bundesrat. Bundestag The Bundestag, selected by a general election, is the most powerful of the two federal legislative bodies. One member is elected from each of 299 districts ina first round of voting. Additional seats are then allocated to the parties on the basis of national share of the vote. If a party is underrepresented in the first round of voting, members can be added The Bundestag, Berlin from party roles. If overrepresented, the parties are allowed to keep the overhang seats, which increase the number of seats in the Parliament. For example, the 2009 parliament 117 Europe and International Real Estate seated 629 members. Because only half of the Bundestag members are elected directly and the rest are appointed from party roles, German voters tend to place more emphasis on party affiliation than individual politicians. A party must receive either 5 percent of the national vote or win at least three directly elected seats in order to claim a place in the Bundestag. This rule prevents fragmentation among minority parties, which can engender a factionalized, ungovernable parliament, such as brought down the Weimer Republic. Furthermore, the Constitutional Court may ban any political parties that advocate goals antithetical to the constitution. German Political Parties in Parliament Left The Left (Die Linke) Left-Center Social Democratic Party (SPD) Greens (Grün) Right-Center Christian Democratic Union (CDU) Christian Social Union (CSU) Free Democratic Party (FDP) The CDU and SPD have been the dominant political parties since 1949. In 2005 Angela Merkel of the CDU made history as the first woman and the first East German elected as Chancellor. The President of the Bundestag (not to be confused with the President of the Republic) presides during legislative sessions. The Bundestag elects its President who is usually a member majority party. Appointment of several vice presidents, one from each parliamentary group (fraktion), fosters Parliamentary harmony. The leadership of each fraktion consists of a parliamentary party leader, several deputy leaders, and an executive committee. Fraktion leaders enforce party cohesion and orchestrate the party's parliamentary activities. The Presidium of the Bundestag consists of the President and a small circle of Vice Presidents who assist in management of parliamentary affairs including public relations and supervision of workforce. The President is also assisted by the Council of Elders who apportions committee appointments and chairmanships, facilitate agreement on legislative matters, and determine daily agenda items. 118 6. A Look at Germany Bundesrat Each of the 16 federal states appoints delegates to the Bundesrat. Constitutional changes and legislation affecting the states require its approval. Because state governments appoint members, and state elections are not coordinated, there can be extensive turnover in the Bundesrat at any time and majority party distributions can change after each election. Each state is assigned a number of votes based on population; the minimum number of votes is three and the maximum is six. The state may send as many delegates as votes or fewer. Sending fewer delegates does not impact the number of the state’s votes. States must cast their votes in a single bloc. Although the voting bloc cannot be split, astate delegation that cannot agree mayabstain; an abstention is in effect is a negative vote because Bundesrat decisions require a super majority. State (Länder) and Municipal (Gemeinden) Governments Most of the states are governed by a cabinet led by a Minister-President (Ministerpräsident). The governments in the city states of Berlin and Bremen and Hamburg are called Senats and are led by a Senatspräsident. A Bürgerschaft and Erster Bürgermeister governs the city state of Hamburg. Municipal governments oversee public services such as water, electricity, and waste management. They also oversee town planning duties of: Land use plan and building plan including dispossession procedures Building approval procedure German Taxes—Income, Real Estate, Capital Gains, and More If your client plans to purchase an income property, buy a second home, start a business, inherit property, or spend an extended period of time in Germany, the advice of a German tax advisor can help manage a potentially expensive tax bill. Following are highlights of taxation of income, real estate, rental income, capital gains, social charges, and other taxes. 119 Europe and International Real Estate Income Tax German tax residents are taxed on worldwide income Treaties may prevent double taxation Lohensteuer—taxes withheld at the source Einkommensteuer—taxes paid by the individual or business Tax Residency: An individual is considered a tax resident if the principal residence is in Germany or time spent in Germany exceeds 183 days over the course of two years All taxpayers must have a Federal Tax ID Nonresidents pay taxes on German-sourced income Payment: Employers withhold from wages Single wage earner with no other income is not required to file a tax return Annual filing date is May 31 Quarterly payments due 3/10, 6/10, 9/10, and 12/10 Progressive rates: 14%, 42%, 45% No tax on income below €8,004 (€16,008 married filing jointly), 45% tax on income over €250,731 Nonresident foreigners pay progressive rates of 25%, 42%, 45%; top rate on income over €250,000 25% tax plus solidarity tax on income from capital assets in excess of €801 (€1,602 married filing jointly) Deductions and Exemptions: insurance, medical expenses, expense of selfemployment, job training, children’s education, charitable contributions, disability, household help, childcare, €920 exemptions for wage earners Credits: foreign taxes paid if applicable tax treaty Dividends 25% tax on income from capital assets 25% tax on dividend 15% tax on royalties Withheld at source Solidarity Tax—Solidaritaetszuschlag 5.5% surcharge on amount of income tax (not taxable income) paid by West Germans Provides funds for social support and rebuilding infrastructure in former East German states Expires in 2019 120 6. A Look at Germany Church Tax—Kirchensteuer Optional for members of Protestant, Roman Catholic, and Jewish congregations 8%–9% surcharge on amount of income tax (determined by Länder) Supports faith institutions Value Added Tax (VAT)—Umsatzsteuer or Mehrwertsteuer 19% tax on consumption (sales tax), 7% reduced rate for food, magazines, books, hotel accommodations 19% on real estate commissions Business that collect VAT pay it quarterly to the federal tax authority, large and new businesses pay monthly Businesses may deduct VAT input tax) paid to other businesses Small enterprises (less than €17,500 revenue) do not pay in VAT but cannot claim a deduction for input tax Social Security—Deutsche Sozialversicherung Contributions split between employer and employee Employees contribute about 18% of salary 4 components: Pension—Rentenversicherung Unemployment insurance—Arbeitslosenversicherung Health insurance—Krankenversicherung Nursing/Care insurance—Pflegeversicherung Capital Gains Tax—Abgeltungsteuer No capital gains tax on real estate held for more than ten years No taxable gain on sale of a personal home occupied as a primary residence for three years Financial instruments (shares, certificates, bonds) purchased after Jan 1, 2009 are subject to capital gains tax Capital gains are taxed at regular income tax rates for individuals Sale of valuables—jewels, art, gold, collectibles—taxable if held for less than one year; if used to generate income, taxable if held less than ten years 121 Europe and International Real Estate Taxes on Real Estate Transfer Fee—Grunderwebsteuer 3.5%–4.5% of the purchase price Rates set by the Länder Paid by the buyer Collected by the Notar at closing Rental Income 15% Nonresidents citizens of EU 25% for citizens of non EU countries Television License—Rundfunkgenuehren €17 monthly fee for TV and radio Also known as GEZ Funds public broadcasting Rates will change in 2013 German Property Taxes—Grundsteuer Rate set by each municipality Basic federal rate of 0.35% x local multiplier (hebesatz) 1.5% average multiplier Property owner receives quarterly notice of tax due Corporate Income Tax—Korperschaftssteuer Applicable to publicly traded stock companies, Aktiengesellschaft (AG), and limited liability companies, Gesellschaftmitbeschränkter Haftung (GmbH) 15% plus solidarity tax and municipal trade tax 95% of dividends paid to a German corporation are tax exempt, 5% are added to profits and taxed. Average total tax of 30% 2%–3% depreciation allowances (straight line or declining balance) on capital assets Small and medium enterprises (SMEs) receive an advance depreciation allowance up to 40% on planned capital expenditures Sole proprietorship and partnership income taxed at ordinary rates, may apply for reduction if rate exceeds corporate rate Three ways for foreign businesses to operate in Germany: Dependent Permanent Establishment Subunit of a foreign company, controlled by parent company Taxed on German-sourced profits Cannot function as a holding company 122 Branch Independent but transactions performed by branch obligate the parent company Taxed on German-sourced profits May function as a holding company Subsidiary Entirely independent of parent company Fully taxable May function as a holding company 6. A Look at Germany Municipal Trade Tax—Gewerbesteuer Rate fixed and collected by local authorities Deductible as a business expense Solidarity surcharge applies Inheritance tax—Erbschaftssteuer Paid by heir 7%–30% for spouse (€500,00 exemption) and children (€400,000 exemption), grandchildren (€200,000 exemption); similar exemptions for gift tax 12%–40% for siblings, parents, in-laws, divorced spouse 17%–50% all others €1,100 exemption if both deceased and heir are nonresidents Contractual rights and obligations of deceased transfer to the heirs A business may be inherited tax-free if the heir continues business operations The Web site for the Federal Tax Office of Germany (Bundeszentralamt für Steuern)—Foreign investors help desk: www.germantaxes.info. 123 Europe and International Real Estate Beyond the Basics—Doing Business in Germany Germans are masters of planning. Careful planning provides security in both personal life and business because it ensures order, structure, and stability. Germans generally want the assurance of knowing what they will be doing at any given point in time. Therefore, rules and regulations are carefully followed because they contribute to an orderly life. Important values are discipline, responsibility, achievement, and education. There is a proper time for everything and business and personal life are kept strictly separate. Working overtime shows a lack of careful planning. Be careful about trying to do business after hours. If you invite a client or a client’s subordinate to dinner, it may be perceived as a conflict of interest. In Germany, although business proceeds without a personal relationship, following established protocol and deferring to authority maintains the business relationship. Establish your standing through academic credentials and company affiliation. Deference to authority is important for Germans, so be clear on your level of authority. When introduced, a firm handshake is appropriate. It is polite to shake hands with everyone present (including children). Shake hands with each person present as you are introduced. Senior executives will offer their hands first. Stand until the senior host invites you to sit down. Use all appropriate titles and forms of address. Use first names only if specifically invited. Titles are very important; address others as Herr or Frau along with the title and surname: for example: Herr Prokurist Jahn. Do not use gestures such as touching or backslapping. Casual greetings and smiles are reserved for close friends and acquaintances. Germans usually do not greet strangers. Maintain a communication distance of 18 inches or more, similar to North Americans. Do not attempt to sit or stand close. Punctuality is essential in both business and social settings. If unforeseen conditions prevent a timely arrival, telephone immediately and explain the reason for the delay. In communications, Germans can be straightforward to the point of bluntness. Exhibiting impatience or confrontational behavior is counterproductive. Maintain direct eye contact while speaking. Expect a 124 6. A Look at Germany great deal of written communication to summarize business discussions and maintain a record of document decisions. Meetings, which begin and end on time, are rather formal and follow a strict agenda. Although business does not rely on personal relationships, first meetings are for getting acquainted. The eldest or highest ranking person enters the room first—men enter before women if their status and age are otherwise about the same. Germans sometimes rap their knuckles on the table to express approval. When making a presentation, dress formally and conservatively. In your presentation, stress shared interests and benefits that appeal to Germans—efficiency, performance, and quality. Be direct, factual, concrete and precise. Neatness is essential in all correspondence and presentations. Avoid using hand gestures when talking. Observe formality in business meetings; visitors should keep ties and jackets on, and refrain from casual behavior. An erect posture and neat appearance are essential for a good impression. After brief small talk, expect to get down to business. Companies tend to be quite hierarchical with decisions made at the top. Respect the chain of command of the German firm. Once a decision is made, it is seldom changed. It may be rendered into a series of detailed action steps that will be accomplished meticulously. Contracts are very important and are followed to the letter. German families tend to be nuclear and small, with the father as the dominant figure. The Germans take great pride in their homes and orderliness is a virtue. In fact, the home is seen as the one place where a German can relax and show individuality. If you are invited to a home, bring a gift such as chocolates, a good-quality French wine (not German), or flowers. Avoid red roses as they are associated with romance; lilies, chrysanthemums, and carnations are associated with funerals. Send a handwritten thank you note the next day. 125 Europe and International Real Estate Holidays January 1 New Year's Day January 6* Epiphany April/May Good Friday, Easter, Easter Monday May 1 Labor Day May/June Ascension (40 days after Easter) May/June Whit Monday (50 days after Easter) May/June* Corpus Christi August 15* Assumption of Virgin Mary October 3 Day of German Unity October 31* Reformation Day November 1* All Saints Day November 17 Repentance Day December 25–26 Christmas *Not official national holidays but observed in some federal states. Key Contact Immobilienverband Deutschland (IVD) Littenstrasse 10 Berlin 10179 Germany Email: [email protected] Phone: 011-49-30-27-57-260 Fax: 011-49-30-27-57-2649 www.ivd.net 126 Europe & International Real Estate 7. A Look at Russia 127 Europe and International Real Estate Geography Russia curves around the Arctic Circle and spans half the globe, including nine time zones, across Europe and Asia. Its territory, about double that of the United States, makes it the world’s largest country in terms of land area. The Asian portion alone equals the land area of India and China combined. European Russia shares borders with the Scandinavian countries Norway, Finland, and the former USSR states of Latvia, Estonia, Ukraine, Azerbaijan, and Georgia. Throughout its history, Russia has been challenged to maintain a yearround warm-water port west of the Urals. Since the breakup of the Soviet Union, the commercial port city of Novorossiysk on the Black Sea serves this purpose. Most of its northern coastline remains icebound almost year round except for Murmansk, on the Kola Peninsula north of Norway, where a wrinkle in the Gulf Stream ocean currents warms the coastal waters. The European coastlines lie along the Baltic and Arctic Ocean in the north and the Black Sea and Sea of Azov in the South. Although Russia has thousands of miles of Pacific coast, a vast emptiness separates these ports from populated western quadrant. Moscow Moscow, the capital, largest city, and the heart of Russia, is home to 10.5 million people. It is the seat of the federal government and also a magnet for foreign investment and businesses. Perhaps the most recognizable landmark in Russia sits at the center of the city, the thousand-year-old Kremlin, which is a UNESCO World Heritage Site. Although the Cold War years made the Kremlin synonymous with repressive Soviet rule, its walls 128 7. A Look at Russia surround the Presidential Palace, museums filled with historic treasures, and historic onion-domed churches including Assumption Cathedral, traditional site for coronation of the tsars. Heroes of the Soviet Union, such as astronaut Yuri Gagarin, and prominent Party leaders lie entombed in the Kremlin Walls. The tomb of John Reed, an American journalist and idealistic socialist, also holds a place of honor along the Kremlin Wall; in his book, Ten Days the Shook that World, he recorded an eye-witness account of the tumultuous events of the Russian Revolution. The famous Trans Siberian Express railway runs from Vladivostok to Moscow, a distance of 9,300 kilometers (5,800 miles). The trip takes eight days. Map courtesy of Stefan Ertmann & Lokal Profil, Wikimedia. St. Petersburg St. Petersburg, on the Baltic coast, is the second largest city and cultural capital of Russia. The city lies far enough to the north to experience 24 hours of daylight in midsummer—St. Petersburg’s white nights. Peter the Great established his namesake city in 1703 as capital of the Russia Empire. Throughout its history, the city has worn several names: Petrograd during the First World War, then Leningrad from 1924 until a 1991 city referendum restored its historic original name. Before the capital was moved to Moscow in 1918, St. Petersburg was the center of court life for the tsars and Russian nobility, a military and naval headquarters, a financial and business center, and the cultural and intellectual center of the country. The galleries of the Hermitage attest to the city’s rich cultural heritage. The Winter Palace, former residence of the tsars, houses one of the world’s finest and largest art collections with more than 3 million items on display. Russians hold a special respect for St Petersburg, Leningrad at the time, as a hero city of World War II: with meager supplies of food or fuel, it endured a grueling 900-day siege by 129 Europe and International Real Estate German forces. Russians are justifiably proud of their national tradition of literature, music, fine arts, and performing arts as well as endurance. Landmark towers of the Kremlin, Moscow. NevskyProspekt, St. Petersburg’s main thoroughfare. Resource Rich, Sparsely Populated Although Russia’s land area is almost twice the size of the United States and dwarfs continental Europe, its population totals only 142 million people, less than half the population of the United States or about equal to the combined populations of Germany and France. A distinctive aspect of Russia’s demographics is that almost 75 percent of the population lives in the western-most quarter of the country. Despite government incentives to settle in remote parts of the country, the eastern lands, including Siberia, remain extremely sparsely populated. The lopsided geographical distribution of population creates a mismatch between resources and needs. In the western quadrant of the country, demand for water and energy surpasses available supplies while Russia’s far eastern sections contain a wealth of resources. Like other European countries, Russia’s population is aging and growth is almost zero. Unfortunately, this is more a consequence of low life expectancy than a low birth rate. Russia has the shortest life expectancy of any developed nation—59 years for men, 73 years for women, and 66 years overall average. Several factors produce this regrettable statistic; cultural acceptance of heavy smoking and alcohol consumption combined with inadequate healthcare lead to extremely high rates of heart disease and cancer. Traffic accidents and violence are also contributors. Outside of its major cities, Russia’s sparsely populated terrain varies from vast prairies in the central sections, rolling hills along the Urals, the 130 7. A Look at Russia Europe-Asia dividing line, and southern Caucasus Mountains, endless expanses of tundra, and dense snow-bound forests. In early autumn, the arid plains of the Russian Steppes send cooling winds whooshing across the Black Sea and into the Mediterranean. The fabled Russian winters provided a natural ally during two wars, vanquishing Napoleon in 1812 and German forces in 1942. The glasnost era opened Russia to global scrutiny of a dismal environmental record. An unfortunate legacy of 70 years of Soviet “industrialization at any cost” policy is multiple environmental catastrophes. Relentless exploitation of resources, without regard of the environmental or human costs, has left behind the irradiated landscapes of Chernobyl, shrinking lakes and wetlands, befouled rivers, and a toxic mixture of pollutants in the urban air. Dissolution of the Soviet Union The Soviet rule of Russia was rather brief—about seven decades from 1918 to 1991. Soviet Russia grew from the turmoil of the Russian revolution. Popular dissatisfaction with Russia’s involvement in World War I, compounded by the monarchy’s uninformed misrule, created fertile ground for the seeds of discontent and revolution. Out of the violent armed conflict between factions, the Bolshevik (maximalist) party headed by Vladimir Lenin rose to power and formed the Union of Socialist Soviet Republics. The idealism of the early socialists was coopted by Joseph Stalin, who plunged Russia into an era of totalitarian rule that made the state the adversary of the people. Following WWII, Stalin, fearing invasion, locked buffer states firmly behind the “iron curtain,” a term coined by Winston Churchill. Following Stalin’s death in 1953, Nikita Khrushchev, a WWII war hero of the Battle of Stalingrad, came to power. From 1957 through 1961, he rejected the Stalinist belief in the inevitability of war and declared a goal of "peaceful coexistence" which would allow capitalism to collapse on its own. The later Brezhnev Doctrine (1964–1982) claimed the right to intervene in any country attempting to replace communism with capitalism. In contrast, Mikhail Gorbachev, the last communist leader of the Soviet Union (1985–1991) envisioned peaceful coexistence as an end in itself rather than a form of ideological struggle. The early perestroika reforms allowed foreigners to invest in joint ventures with Soviet ministries and state enterprises and initiated the replacement of the Soviet command economy with a market economy. 131 Europe and International Real Estate When President Gorbachev withdrew the Brezhnev intervention doctrine and launched his perestroika and glasnost policies, it is unlikely that he intended, or expected, the dissolution of the Eastern Bloc, Warsaw Pact, and ultimately the Soviet Union to follow. The Russian Federation flag, first displayed by President Yeltsin, flies over the Parliament headquarters. Photo courtesy of the Office of President of the Russian Federation Russian postage stamp commemorates the August 1991 “Triumph of Democracy” over a failed communist coup. In March 1989, the Russian voters were given the opportunity to elect representatives to the Congress of People's Deputies, the national legislative body, and the results marked a stunning defeat for the Communist party. In the following months, the Party’s control of the government and economy eroded quickly and the ties that bound together the USSR’s constituent parts frayed with equal speed. On Christmas Day of 1991, the USSR was dissolved and was replaced by the Russian Federation. In the conversion from a state-controlled demand economy to a capitalistic, market-driven system, one of the early challenges was transitioning state-owned real property—residential, commercial, industrial, and agricultural—into private ownership. Large parts of the Russian economy were transferred to private ownership in ways that lacked legitimacy in the eyes of the Russian people. In the ensuing confusion, entrepreneurs, as well as a criminal element, with the insider political connections, were able to amass great personal wealth and become Russia's new class of super-rich oligarchs. Former highly placed Party officials used their personal connections to exploit the situation and gain control of factories, oil production, mineral extraction, manufacturing industries, and other state-owned assets. Real estate 132 7. A Look at Russia professionals who witnessed the transition attest that the government officials, with no experience of real estate as an asset, failed to realize the value of properties. Economy Since the dissolution of the Soviet Union, Russia has experienced two periods of extreme economic duress. The first coincided with the 1998 Asian Financial Crisis which shook investor confidence in developing economies worldwide and sent capital fleeing. The resulting economic tailspin produced a 60 percent drop in the value of the ruble along with delayed payments of both private and sovereign debt, breakdown of transactions through the fledgling banking system, and 85 percent inflation. Chronic inflation dogs the Russian economy. By 2007, inflation stabilized at 7–9 percent. The Central Bank of Russia sees its primary function as maintaining the ruble’s exchange rate; managing domestic inflation ranks second. Between 2000 and 2008, the economy grew at 7–10 percent annually. Both domestic consumption and exports, mainly oil and gas, kept the economy humming along and produced a $600 billion reserve. During the 2008 global economic crisis, as oil prices dropped by half, the reserve fund dwindled and turned negative; accumulating foreign external debt of $540 billion by October 2008. GDP Growth $70 $61 6.8% -10% 2006 2009 2008 2007 2006 2009 2008 11.9% 9% $47 2007 2006 13.3% 5.6% 8.1% Sources: Rosstat, World Bank, Russian Ministry of Finance, Ministry of Economic Development 133 2009 7.7% Inflation 2008 $95 2007 Oil Prices Europe and International Real Estate 2008 Economic Crisis The 2008 economic crisis in Russia started with extreme capital flight, which triggered a stock market collapse. The government responded by pumping liquidity into the banking system, which prevented a bank run and serious ruble devaluation, but depleted its reserve funds. By late 2009 the Russian economy started a modest recovery, due mainly to rising oil prices. But the experience taught Russian leadership a lesson in diversifying the economy and making it less oil dependent. The World Bank estimates that Russia’s GDP will be back in positive territory in 2011–2012 with a growth rate of about 3.5 percent, depending on global oil prices. Some of the foreign capital that fled in 2008 is beginning to return to Russia in the form of loans to Russian companies. Russian Central Bank, wary of the excessive inflows of foreign capital, has sought to impose controls on foreign borrowing by corporations with state participation—a sizeable portion of the manufacturing base. More than half of the FDI inflow into Russia funnels through offshore companies based in tax havens such as Luxembourg, Cyprus, Bermuda, Bahamas, and the British Virgin Islands. Popular wisdom holds that the flow a capital through these offshore companies represents investment by expatriates. Economic Sectors Although industry represents almost a third of economic activity in Russia, much higher than its neighbors in Western Europe, years of low investment in industrial capacity have left much of the industrial capacity antiquated and inefficient. Former collective farms have been privatized but management and adoption of modern methods is uneven. Small plots, urban and suburban gardens, and communal gardens provide more than half of Russia’s food supply. Thanks to the Soviet education system, Russia’s workforce is well-educated and skilled but mismatched with the changing needs of a modern, competitive economy. About one quarter of the population live and work in one of the 1,500 Soviet-era “monotowns,”built to house the workers of a single industrial plant and totally dependent the plant or operation for livelihood. During boom times, no effort was made to disperse or diversify the towns which are now very vulnerable to economic downturns. Wage arrears are a serious and growing problem for the plants. In towns where the plants supply heating, electricity, and water, utility price increases combined with shutdowns, layoffs, and unpaid wages create a volatile situation. 134 7. A Look at Russia Agriculture, 10% Industry, 31.9% Russia's Economy Souce: RosStat Services, 58.1% Russia’s economy remains quite oil-dependent. In 2009, balancing the country’s budget depended on a minimum oil price of $70 a barrel. Oil, natural gas, metals, and timber account for 90 percent of Russian exports. Russia’s economy, GDP, and surplus or deficits are closely linked to world oil prices. The location of Russia’s rich deposits of minerals and petroleum are far removed from most of the population. Extraction processes—mining and drilling—must cope with extreme climatic conditions and isolated locations. Despite these challenges, Russia’s oil and natural gas industry is booming and Western Europe depends on its pipelines for energy supplies. Using energy supplies as a diplomatic bargaining chip makes dependent European countries wary of Russia as a reliable supplier. The Banking Sector The banking sector is dominated by large Moscow-based banks. There is little competition for deposits or incentive to lower interest rates for borrowers, although large, politically connected borrowers usually receive favorable treatment. In 2004, Russia enacted a deposit insurance law to protect deposits up to 700,000 rubles but banks and the public generally distrust each other. Entrepreneurs struggle to obtain financing from banks that generally perceive small business operations as high risk. A mishmash of banking and securities market regulations obstruct transfer from capita-rich sectors, such as oil, to areas in need of capital investment, like manufacturing and agriculture. Furthermore, conflicting, overlapping, and changing laws, decrees, and regulations, as well as 135 Europe and International Real Estate inconsistent enforcement, impede the business environment. The result is an ad hoc and unpredictable approach to doing business with frequent political pressures and everyday “under-the-table” dealing. In an effort to facilitate foreign investment, the federal Ministry of Economic Development created a central point of contact (www.economy.gov.ru/wps/wcm/connect/economylib4/en/home) to improve customs services, cut red tape, and fight corruption. The American Chamber of Commerce, the Association of European Businesses, and the Russian Union of Industrialists are lending their collective expertise to foster a better business climate. When the associations petition on behalf of their members, the most frequent complaints deal with “problems with administrative barriers,” a euphemism for willful delays imposed by local officials. The Ruble Although credit and debit cards are becoming more common, Russian commerce runs on cash. ATMs, called bankomats, dispense cash at the current bank rates plus a service fee. The ruble is the official, and only legal, currency but is virtually unconvertible outside of Russia. Consequently, euros and dollars circulate freely. Prices in retail stores and restaurants may be presented in Y.E.s (equivalent units) corresponding to euros or dollars, although the customer is expected to pay in rubles. Many Russians maintain their personal savings in dollarand euro-dominated accounts and these currencies pass freely, although unofficially, particularly in the informal economy. Renationalization of Industries? In the 1990s the Russian conglomerates acquired control of companies through a “loans for shares” arrangement. Private banks loaned money to the cash-strapped government with shares in the state-owned companies as collateral. Government default on the loans resulted in a de facto privatization as lenders took control of pledged collateral and auctioned it off—often the bank itself purchased the shares through rigged bidding. But some of the industries, privatized in the free-for-all following the dissolution of the Soviet Union, are gradually being renationalized—by plan or loan default. The impetus to regain control of certain economic sectors combined with default on loans is renationalizing certain 136 7. A Look at Russia industries. For example, recent high-profile renationalizations have occurred with Gazprom, the state gas monopoly, and the Yukos oil company. Some of the renationalization trend resulted from defaults on loans made by state-owned banks. When certain of Russia’s high-profile oligarchs pledged their personal stakes in companies in order to obtain short-term loans from state-owned banks and defaulted on the loans, the banks took possession of pledged collateral. There is, however, a growing realization that building up another behemoth of inefficient state-owned enterprises will stifle innovation and impede economic development. In 2010, speaking at a forum of Gulf sovereign wealth funds and private investment companies, Prime Minister Putin reinforced Russia’s commitment to privatization and reduced intervention in the national economy.28 Real Estate Professionals in Russia Government licensing of real estate agents and brokers was dropped in 2002. Fortunately, the Russian Guild of Realtors (RGR) stepped in to provide standards for professionalism and competency. The RGR is a national real estate association representing more than 2,000 companies and 59 regional associations throughout Russia. The RGR’s Voluntary Brokerage Services Certification System establishes standards of practice for real estate brokerages and provides a way for consumers to evaluate the reliability of a company. Activities of the RGR include: Education services for real estate professionals through the National Realtor Education Center Certification and standardization of professional real estate services Mediation for resolution of disputes Legislative activity Gathering and reporting data on real estate market conditions Maintaining an integrated database of properties listed by RGR member companies 28 “Russian Economy: Privatisation—Here We Go Again,” EIU ViewsWire, Economists Intelligence Unit, Ltd., New York, Sep 30, 2009. 137 Europe and International Real Estate DOMEXPO International Real Estate Exhibition sponsored by the Russian Guild of Realtors, Moscow Association of Realtors, and the City of Moscow. Buying Real Estate Foreigners enjoy the same private property rights and protections as Russian citizens and may freely own real estate with two exceptions. Foreigners are not permitted to own agricultural land or land near state borders or sensitive areas. A foreigner who acquires restricted lands through inheritance must dispose of it within one year. Russia’s mortgage lending market is not well-developed and escrow accounts and wire transfers are viewed as unreliable. Therefore, most real estate transactions—up to 90 percent—are cash deals and, for security reasons, take place at a bank. Transaction Steps The buyer and seller execute a preliminary purchase agreement with the assistance of the real estate agents. The agreement outlines the terms and conditions of the deal. A down payment accompanies the agreement. 138 7. A Look at Russia The agreement is witnessed by the real estate agents and a notary. The buyer places the full amount of cash for the purchase in a bank safe deposit box on the condition that the funds will be released to the seller only upon the presentation of completed paperwork. The buyer’s attorney conducts an investigation to ensure that there are no encumbrances on the property and the privation procedure was properly completed making the property legally available for sale. If all conditions of the property are in order, the buyer and seller meet at the bank or notary’s office to complete the final contract. The notary fee of 1.5 percent of the contract cost is paid by the buyer. The signed purchase agreement is sent for state registration, after which the actual transfer of ownership takes place. Registration takes about 30 days and costs about $50; expedited registration is possible for an extra fee. An Acceptance Act is signed by buyer and seller on the date of transfer, certifying that the property is being transferred to the buyer in an acceptable condition. When all of the paperwork and registration are complete, the safe deposit box funds are released to the seller. Russia maintains a country-wide unified State Register. Apart from this register, the main technical and legal information about a property, such as measurements and boundaries, is on record with the state land cadastre. Residential Real Estate Except for agricultural and land in border and sensitive areas, the Land Code of the Russian Federation does not specifically bar foreigners from land. But most of the land outside of the cities is designated as agricultural land and much of it is still owned by the state. Land designated for agriculture must be reclassified before it can be used for industrial or residential development. State or municipal authorities can refuse the reclassification or co-opt the sale. The 1991 Law of Privatization enabled people to gain possession of their living quarters and almost three quarters of residences are now privately 139 Europe and International Real Estate owned. Privatization is optional and some prefer to continue living on the old social rental contract. There are very few single-family homes in Russia and most people, about 80 percent, live in apartments. Consequently most of the residential property transactions involve sales of apartments. The Land Code integrates property ownership and the right-to-use, which is an important distinction. Much of the housing stock dates from the Soviet era. It was poorly constructed and now is in need of repair or replacement. Under the Soviet system, maintenance and repairs were the responsibility of the government. As apartment blocks were privatized, it was assumed that the resident owners, many with very limited means, would take over responsibility for maintenance and repairs but generally this has not happened. Some of the newer apartment developments, however, now have homeowners’ associations. Communal apartments are a holdover from the Soviet system. These are usually large multi-room apartments that are shared by several families. Each family has one or two private rooms and all share bathroom and kitchen facilities. Tenants within the communal may sell rooms to others, but the nonliving spaces cannot be owned by any individual. Ownership of the land is frequently a murky issue. An investor who purchases a building of communal residences for redevelopment must relocate those living in the apartments. Russia is Pro-Tenant Residential rentals tend to be pro-tenant in Russia. A one-month security deposit is standard practice. Leases are usually for one year; a lease exceeding one year must be registered with the State Registration Office. The landlord cannot evict a tenant early, but a tenant can terminate the lease with a one- to three-month advance notice. A tenant must be at least six months behind in payment of rent before the landlord can begin eviction proceedings. Payment of rent in cash is common. In the high-end market, rents may be quoted and paid in euros or dollars. The Dacha—A Country Retreat Despite the decades of government ownership of real property, one enduring tradition—the country dacha—makes Russians the world’s foremost owners of second homes. As early as the Stalin era, Russian 140 7. A Look at Russia citizens were allowed private ownership of a small plot of land with a rustic cottage as a way to ease urban pressures and supplement the food supply. Today, an estimated 1 in 4 Russian families own one of these country retreats for the stressed-out city dweller. During the Soviet era, limits on size and fittings restricted dachas to one-room cottages without indoor plumbing, electricity, or year-round heating. Most of the cottages are still quite simple but newly constructed and refurbished ones are fully-equipped and some are luxurious, country homes. Russia’s growing real estate resale market makes the high-quality new or refurbished dacha a financial asset as well as a haven from urban life. A dacha settlement near St. Petersburg. A famous dacha—author Boris Pasternak’s country retreat at Peredelkino. The small plots of land still provide space for city dwellers to grow fruits and vegetables and the May Day holiday marks the traditional time for planting the dacha garden and tending the fruit trees. “Dachnik” (literally gardener), as year-round dacha residents are called, implies a low-key, frugal lifestyle. 141 Europe and International Real Estate Commercial Real Estate Almost all of Russia’s investment-grade real estate is located in Moscow and St. Petersburg. As the political and business capital of Russia, Moscow leads in quantity and quality of investment property as well as opportunities. More than half Investor Origin of investment deals center on Austria, 7% Other, 2% Moscow (57%), and about a third in (35%) on St. Petersburg.29 Confidential, 20% Russia, 71% In 2008, when investors and their capital fled the country, the real estate market dropped sharply and the credit market ground to a halt. In 2010, some signs of recovery emerged but high yields evidence investors’ perceptions of risk levels. Investment by Sector Industrial, 1% Residential, 40% Office, 37% Hotel, 9% Retail, 11% Mixed, 6% Source: “Russian Economic and Investment Market Commentary, The credit market is recovering after coming to an almost complete standstill in 2008. As a result of the dearth of bank lending, financing through bond issues remains a popular method of financing for commercial projects. The majority of investment capital originates inside of Russia with a significant amount of expatriate capital funneling through tax-haven countries such as Luxembourg and Bahamas. On.Point, Q2 2010, Jones Lang LaSalle, www.joneslanglasalle.ru 29 “Russian Economic and Investment Market Commentary,” On.Point, Q2 2010, Jones Lang LaSalle, www.joneslanglasalle.ru. 142 7. A Look at Russia Panorama of Moscow Moscow Prime location for Moscow office space traditionally is inside the Garden Ring but new development is beginning to push out of the city center. High vacancy rates have shifted the rental market from a landlord’s market to a tenant’s market. Vacancy rates in Moscow for Class A office space are in the range of 30 percent and 16 percent for Class B space. 33% Commercial Real Estate, Prime Yields (2010) Source: Jones Lang LaSalle www.joneslanglasalle.ru 20% 12% 30% 10% 12.5% 16% 11% 13.5% 12.25% St. Petersburg Moscow St. Petersburg Few new companies are moving into space so most demand is currently driven by relocation. The most popular districts of the city are the outlying areas of Primorsky and Vasileostrovsky; least popular locations 143 Europe and International Real Estate are the Admiralteysky district overlooking the Neva River and the Nevsky district along the city’s main thoroughfare. Vacancy rates for Class A space is about 33 percent and about 20 percent for Class B. A substantial portion of the vacant space, however, is subpar and lacks adequate support for technology and communications or is located in less desirable areas. Judicial System The court system of Russia is divided into three branches: regular courts, arbitration courts, and a constitutional court. Commercial disputes between companies move through the arbitration court system. Regular courts hear criminal cases and civil disputes between individuals. There is no trial by jury. The progression of court jurisdiction for both the regular and arbitration courts flows from local to district or regional to Supreme Court. Court cases do not set precedent but the Supreme Courts do issue guiding instructions, which are binding on lower courts. The guiding instructions are meant to ensure consistency but, without setting case precedent, they have become the main source of law in the Russian Federation. Judges of the Constitutional Court, the Supreme Court and the Higher Arbitration Court are appointed by the upper house of parliament, the Federation Council. Courts of General Justice Criminal cases, civil disputes between individuals Arbitration Courts Commercial disputes between companies Supreme Court Higher Arbitration Court Courts of Federal Subjects Federal District Courts District Courts Appellate Courts Municipal Courts Justices of the Peace 144 Federal Subject Courts Constitutional Court Determines constitutionality of laws 7. A Look at Russia What the Real Estate Professional Should Know About Government Considering its vast size and diversity, governance of the Russian Federation presents some unique challenges. It is important to remember that after more than 70 decades of centralized, top-down Soviet rule, governance structures at all levels are still evolving as is the balance of powers among the federal, oblast and republic, and municipal levels. The federal government is challenged to find ways to govern and administer consistently while respecting the autonomy of a collection of republics, regions, territories, and states. Federation Structure The Russian Federation structure is made up of 83 Federal Subjects, which includes oblasts, republics, krais, okrugs, and federal cities. 46 oblasts: provinces 21 republics: based on a non-Russian ethnicity, somewhat autonomous with its own constitution and official language, 9 krais: territories 4 okrugs: semi-autonomous regions of distinct ethnicity, falling under the jurisdiction of another Federal Subject 2 federal cities: Moscow and St. Petersburg 1 autonomous oblast The Federal Subjects, and particularly the republics, each have state- and municipal-level governments. A federal law passed in 2000 prescribed streamlined and standardized local governing structures. Although there are variations, most include the following structures: Administrative districts called raions Municipal districts (urban settlements, rural settlements, and intrasettlement territories) Urban okrugs (unincorporated areas within urban settlements) Municipal okrugs Intra-city territories of a federal city The Moscow federal district is divided into raions The St. Petersburg federal district contains districts, municipal okrugs, towns, and settlements 145 Europe and International Real Estate Federal Districts For purposes of administration, the country’s Federal Subjects are grouped into eight Federal Districts. A presidentially appointed Plenipotentiary Representative overseas each district, acts as liaison between federal and state-level governments, and oversees the work of federal agencies. Federal Administrative Districts Administrative Center Central Federal District.................. Moscow Southern Federal District .............. Rostov-on-Don Northwestern Federal District....... St. Petersburg Far Eastern Federal District ........... Khabarovsk Siberian Federal District ................ Novosibirsk Urals Federal District ..................... Yekaterinburg Volga Federal District .................... Nizhny Novgorod North Caucasian Federal District ... Pyatigorsk Economic Regions For the purposes of statistical and economic planning purposes, the Federal Subjects are grouped into 12 economic regions. Federal Subjects within a zone have similar economic development goals and potential as well as climates and ecology. The Economic Regions are defined differently from the Federal Districts and may overlap district boundary lines. 12 Economic Zones When economic data is reported it may be grouped according to these zones. Central (Tsentralny)* West Siberian (Zapadno Central Black Earth Sibirsky) (Tsentralno-Chernozyomny) Urals (Uralksy) East Siberian (Vostochno Far Eastern Sibirsky) (Dalnevostochny) North Caucasus Volga-Vyatka (Volga Northern (Severny) (Severo-Kavkazsky) Vyatsky) Volga (Povolzhsky) Northwestern (Severo Kaliningrand Zapadny) ** (Kaliningradsky) * Moscow ** St. Petersburg 146 7. A Look at Russia Federal Government The leader of the Russian Federation is the president, who serves as head of state. The president is elected directly and can serve a maximum of two six-year terms. The prime minister serves as head of government and is appointed by the president. Constitutionally, the president is more powerful than the prime minister and overall more power is vested in the executive branch than in the legislature. The federal parliament is made of two houses: the Federation Council and the Duma. Federation Council: The upper house is made up of two deputies from each Federal Subject. One deputy is elected by the Federal Subject’s legislature and the other is appointed by the entity’s head. Because the deputies are elected and appointed based on the Federal Subject’s election cycle, terms of office and turnover of deputies in the Federation Council happens at various times. No political factions or parties are to exist in the upper house. Duma: The 450 deputies of the Duma, the lower house, are elected directly from party lists and serve five-year terms. All legislation, including bills proposed by the Federal Council, must be approved by a majority of the Duma. A bill approved by the Duma is sent to the Federation Council for approval. If the two houses disagree, they form a commission to work out a compromise. Political Parties Represented in the Duma In order to prevent splintering into factions, a political party must receive a minimum of 7 percent to be seated in the Duma. Left Center Right Communist Party Liberal Democratic United Russia Party Just Russia Party Party 147 Europe and International Real Estate Russian Taxes—Income, Capital Gains, Real Estate, and More Income Tax Russian tax residents are taxed on worldwide income, nonresident foreigners are taxed on Russiansourced income Treaties may prevent double taxation Tax Residency: An individual whose stay in Russia Individuals: exceeds 183 days within a consecutive 12-month Tax residents pay a flat rate of 13% period is considered a resident for tax purposes. A Nonresident foreigners pay 30% permanent domicile or established place of Deductions allowed for medical and education business is not required. expenses One-time deduction for home purchase Dividends: 9% for residents, 15% for Payment: foreigners Employers withhold from wages Interest: 20% Single wage earner with no other income is Royalties: 20% not required to file a tax return Self-employed make three advance payments Corporations: throughout year based on previous years’ Standard rate is 20% income (July 15, August 15, November 15) (2% federal, 18% regional) and must file a complete return by the end of 9% on dividends April of following year Value Added Tax (VAT) Standard rate of 18% tax on consumption (sales tax), 10% on food and medicines Leasing and sales of real property is exempt Unified Social Tax Flat rate of 34% paid by employer Employer pays entire amount, employee pays nothing Taxes on Real Estate Land Tax 3.5%–4.5% of the value Determined locally 148 Rental Income 30% on rental income received by nonresident foreigners 7. A Look at Russia Capital Gains Tax Individuals Standard rate of 13% for individuals, 30% for foreign residents (same as regular tax) Gain on sale of real estate held for more than three years is exempt Maximum deduction for expenses on sale of residential real estate held for less than three years is one million rubles, on other assets maximum deduction is 250,000 rubles Corporations Standard rate of 20% (same as regular income tax) Losses offset other income and may be carried over and spread over remaining useful life of the asset Inheritance, Gift, Wealth Tax No inheritance or gift tax for family members 13% on gifts to unrelated individuals of real estate and other high-value property Doing Business in Russia—Beyond the Basics Russians are quite proud of their rich cultural history and want others to esteem it too. You will win the respect of Russian colleagues if you show sincere admiration for Russian culture. They also pride themselves on flourishing in challenging conditions, such as frigid Siberia. Russians do not need a personal relationship to do business, but a network of personal connections can smooth the way. Connections are known as svyasi, which implies friends in high places—essential for cutting through bureaucratic red tape. A network of trustworthy contacts can facilitate making connections and doing business. A request to perform a favor is a sure sign that a relationship has been successfully established. When introduced, a firm handshake and direct eye contact are appropriate. Business cards are exchange without ritual; if someone does not have a card, make a note of the name, title, and contact information. Close female friends and associates may exchange air kisses on both cheeks (left cheek first) and male friends may exchange a hug or pat on the back. 149 Europe and International Real Estate Russian names consist of three names: a first name, a patronymic formed by adding –ovich for a man, –ovna or –avna for a woman, and a surname; for example, Anna Ivanova (daughter of Ivan) Borodin. In formal address all three names are used, but close friends and associates may use only the first name and patronymic, or first name only. Appointments for meetings are necessary and should be made as far in advance as possible. Expect a six to eight week wait for an appointment with a government official. Be on time for meetings but be prepared to wait. Russian schedules are constantly changing and appointments may be cancelled on short notice. Initial meetings are for getting acquainted and evaluating if you and your company are worthwhile business associates. Expect a long period of socializing and conversation as a way to get acquainted. Be prepared for a slow pace of business. Be patient and let your Russian contacts set the pace. During a presentation, be prepared with a comprehensive treatment of the subject. Russians are accustomed to detailed presentations that include a project’s history and precedents. Do not show disapproval or impatience if the discussion is interrupted by unrelated side conversations. Decisions are made outside of meetings and at the upper levels of the hierarchy. Hierarchy is quite important and Russian businesspeople prefer to meet with those of similar rank and authority. At the conclusion of a meeting, you may be asked to sign a protocol summarizing the discussion. But, nothing is final until an agreement is signed. Even after signing, contracts are viewed as rather elastic and modifiable. Russians are tough negotiators and view negotiations as a win-lose proposition. They may use raised voices, threats to walk out, and displays of temper to coerce an opponent into compromising, which is viewed as a sign of weakness. If invited to a home, arrive on time and dress in business clothes to show respect for the host. Bring a modest gift, which will be refused at first; you can ease acceptance by saying the gift is “just a little something.” 150 7. A Look at Russia Holidays January 1–6 New Year January 7 Russian Orthodox Christmas Day February 21 Day of the Defenders of the Motherland May 1–2 Labor Day May 9 Victory in Europe Day June 12 Russia Day November 4 National Unity Day December 12 Constitution Day December 25-26 Christmas Key Contact Russian Guild of Realtors 4th Floor 14/1, Radio Street Moscow 105005 Russia Phone: 7-495-261-9680 Fax: 7-495-261-0398 e-mail: [email protected] www.rgr.ru 151 Europe and International Real Estate The Next Chapter The following chapter contains “snapshots” of European countries in which NAR has a real estate association partner. Your instructor may divide the class into learning teams and assign one or two country profiles to each team. Read the assigned profile(s) and answer the following questions. Maximize use of the time allotted by dividing the profile so that each team member reads and reports on a designated portion. You may add your personal knowledge and refer to information presented earlier in the course. What important facts should the real estate professional know about: Geography? Foreign ownership of real estate? Real estate practice? Economy and business? Business and social etiquette? 152 Europe & International Real Estate 8. Country Profiles 153 Europe and International Real Estate Bulgaria Bulgaria lies in the far southeastern corner of Europe. It shares borders with Greece, FYROM, Romania, Serbia, Greece, and Turkey. Two great bodies of water also define its borders: the Danube River defines most of Bulgaria’s northern border (Romania lies on the opposite bank) and the Black Sea marks its eastern border. Bulgaria is subdivided into 28 provinces called oblasts, or oblasti. In land area, Bulgaria is about the size of the U.S. state of Tennessee. The capital city of Sofia lies in the westernmost quadrant of the country. Bulgaria occupies a very strategic location. Its border with Turkey connects it to the land routes between Europe, the Middle East, and Asia. Broad, fertile plains stretch along the banks of the Danube. The rugged Balkan mountain range bisects the country east to west and the Rhodope mountain range marks the border with Greece. The mountain ranges lie atop fault lines that make Bulgaria susceptible to strong earthquakes. Since ancient Roman times, Bulgaria has been renowned for its mineral springs and has become a popular spa destination for Eastern Europe. The Black Sea coast enjoys a Mediterranean-like climate; inland the climate is more temperate with cold, damp winters and hot, dry summers. Snow caps the highest mountain ranges year round. Real Estate Bulgaria’s real estate market has been on a roller-coaster ride between 2008 and 2010. Foreign investment coming into the country mostly went into real estate and construction and overheated the market causing house prices to increase up to 300 percent. Toward the end of 2008, as the global financial crisis reached Bulgaria, foreign capital beat a hasty retreat. The direct foreign investment that drove the boom dropped by half in 2009, and even more in 2010. Investment in real estate fell by more than two-thirds, and house prices tumbled by 50 percent or more. Foreign Ownership of Real Estate Foreigners are allowed to own structures, like condominiums, but cannot own land directly. The Bulgarian government has approved a change to this regulation that will take effect seven years after Bulgaria’s membership in the EU, in 2014. EU citizens are exempted from this sevenyear waiting period if they reside continuously in Bulgaria or have a permanent residence there and are engaged in agricultural activity. 154 8. Country Profiles Foreigners can own land through a Bulgarian corporation with the buyer as the sole owner and director of the company. Bulgarian real estate agents may offer setting up the corporation as part of their service package. A real estate transaction is an expensive proposition for the buyer due to 20 percent VAT on purchases. When combined with other fees and taxes, the buyer’s transaction costs can reach more than 25 percent of the property value. Real estate owners are liable for taxes on their Bulgarian properties. The assessed property values and tax rates, about .01–.25 percent, are set by local tax authorities. Agriculture, 7.5% Services, 56.1% Bulagarian Economy Source: CIA Worldfactbook Industry, 36.4% Economy Bulgaria’s main exports included clothing, footwear, iron and steel, machinery and equipment, and fuels. Main trading partners are Germany, Greece, Italy, Romania, Turkey, Belgium, and France. Bulgaria, a former Communist country that entered the EU on January 1, 2007, averaged more than 6 percent growth from 2004 to 2008, driven by significant amounts of foreign direct investment. Successive governments have demonstrated a commitment to economic reforms and responsible fiscal planning, but the global downturn is reducing exports, capital inflows, and industrial production. In 2009, the GDP contracted by approximately 5 percent. Corruption in the public administration, a weak judiciary, and the presence of organized crime remain significant challenges.30 30 CIA World Factbook 155 Europe and International Real Estate Doing Business in Bulgaria Relationship building is very important to successful business conduct in Bulgaria. After establishing a face-to-face relationship, communication can proceed by e-mail and phone. It may, however, be necessary to make repeated trips to Bulgaria to maintain the relationship. When introduced, offer a firm handshake with eye contact and the appropriate greeting for the time of day. Only close friends and family members embrace. Business cards are exchanged without formal ritual. If your company has been in business for a long time, it will enhance your standing to feature this on your business card, such as ‘’Founded in (year).” List you academic degrees too. July and August are the most popular vacation periods so it is best to avoid scheduling appointments during that time. The first meetings are for getting acquainted. After the initial meeting, subsequent meetings can get down to business after exchanging some small talk. Presentations should emphasize facts with the statistics to back them up. Bulgarians are wary of “big talk” and too much of it; succinct and low key are better approaches. Don’t be surprised if meetings move slowly. Proceedings are not bogging down, but just following the tendency to make sure all details are thoroughly explored. Deadlines do not hold much meaning so it is wise to resist any urge to rush discussion or proceedings. Because Bulgarians are guarded about saying anything that could be detrimental, discussions may seem circumspect or meandering, and meetings may last beyond scheduled time frames. If responses to questions seem evasive or vague, try rephrasing the question. Hierarchy is very important in business and lower ranking members of the team will usually defer to the most senior for decisions. But group consensus is important too. Remember that Bulgaria Is a former communist country and older business people may have retained an old-style bureaucratic mindset toward business and management. Maintaining a formal demeanor and tone demonstrates professionalism and serious intent. Until invited to proceed on a first-name basis, address business contacts as Mr. or Mrs. followed by the surname or by title if you know it. Eye contact is important because it shows trust and sincerity. Punctuality is appreciated in both business and social settings. Be on time for business appointments and call ahead if you are delayed to apologize and offer an explanation. Beyond the Basics The extended family is the fundamental, and most important, social unit. Several generations may live in the same household. The network of family connections provides mutual assistance and support. The elders of the family are revered. The oldest members of the family are 156 8. Country Profiles greeted first, seated first at meals, and offered the tastiest morsels on the table. In return for this deference, the family elders are expected to take responsibility for making wise decisions for the group. Gifts should be selected with more thought for meaning than extravagance. A gift that is too expensive may embarrass the recipient who will feel obligated to reciprocate. If invited to a home, it’s appropriate to bring a gift for the hostess, flowers (an odd number of stems and not chrysanthemums, lilies, or gladiolas) or bottle of spirits are good choices. Gifts are usually opened when received. Name days as well as birthdays are celebrated. Name days are celebrated on the day of commemoration for the Saint for whom the individual is named. For example, men named Vasil celebrate their name day on the first day of January—the day of commemoration for St. Basil. Although table manners tend to be somewhat informal there are a few do’s and don’ts. When dining at a home, wait for the hostess to indicate where to sit. Even if you are the guest of honor, it is customary for the oldest person to be served and begin the meal first. Unless others place their napkin in their laps (usually a formal dinner), leave the napkin folded next to the plate. Although elbows on the table are improper, both hands should always be visible, the free hand can rest on the table next to the plate. A small initial serving of each dish allows room for a second helping—a sure way to compliment the hostess. Holidays January 1 New Year’s Day March 3 National Day of Liberation April/May Easter (Orthodox) May 1 Labor Day May 6 St. Cyril and St. Methodius September 6 Unification of Bulgaria September 22 Independence Day November 1 Bulgarian Revival Leaders Commemoration December 24–25 Christmas December 31 New Year’s Eve 157 Europe and International Real Estate Key Contact National Real Property Association (NRPA) LachezarIskrov 36-A, Patriarh Evtimii Blvd., Floor 1, Ste. 3 1000 Sofia Bulgaria Phone: 359 2 30 988 68 90 Fax: 359 2 30 988 68 91 E-mail: [email protected] www.nsni.bg Czech Republic The landlocked Czech Republic, slightly smaller than the U.S. state of South Carolina, occupies a central strategic point in central Europe. It borders Austria, Germany, Poland, and its compatriot state, Slovakia. Following the First World War, the Czechs and Slovaks, both remnants of the former Austro-Hungarian Empire, merged to form Czechoslovakia. The presence of a German-speaking population in the Sudetenland served as a pretext for invasion by German forces, an event that led to the outbreak of WWII. Czechoslovakia was enclosed behind the iron curtain until the collapse of Soviet Union. In 1989, Czechoslovakia was among the first of the Soviet satellite countries to regain its freedom through a peaceful "velvet revolution." Then, on New Year’s Day of 1993, a "velvet divorce" separated the two national components into the Czech Republic and Slovakia. The Czech Republic joined NATO in 1999 and the European Union in 2004. The terrain of the Czech Republic varies from lowlands, susceptible to flooding, to heights. In the west, the area of Bohemia is marked by rolling hills, plains, and plateaus. The eastern area of Moravia is surrounded by steep hills and low mountains. 158 8. Country Profiles Economy Maintaining an open investment climate has been a key element of the Czech Republic's transition from state control to a functioning market economy. The country’s central location, export-driven economy, and well-trained labor force attract high levels of foreign investment. The Czech Republic approach to economic management is conservative and cautious. After years of sustainable growth, the economy contracted by about 4 percent in both 2008 and 2009 along with other EU countries. These contractions resulted more from the distress of trading partners than the Czech Republic’s economic fundamentals. But conservative fiscal policy helped the economy weather the crisis in better shape than its neighbors. Agriculture, 2.3% Industry, 37.2% Czech Republic Economy Source: CIA Worldfactbook Services, 60.5% Main export products include machinery and transport equipment, raw materials and fuel, chemicals, armaments, glassware, and beers. The region of Bohemia is renowned for the production of fine crystal and glassware. The pilsner style of beer takes its name from the city of Plzen (Pilsen). Almost a third of all exports are to Germany. Other major trading partners include Slovakia, Poland, France, U.K., Austria, and Italy. Foreign Ownership of Real Estate Real estate professionals in the Czech Republic must be licensed although there is a movement, supported by banks and attorneys, to cancel license requirements. Like its EU neighbors, property prices fell, about a 7 percent decrease, in the last quarter of 2008. The decline was further worsened by frozen credit markets. Overall, however, the real estate market did not experience the bubble effect of other overheated markets. 159 Europe and International Real Estate Since the Czech Republic joined the EU, citizens of EU countries and the United States, and legal entities headquartered in the Czech Republic face few obstacles to purchasing real property. Foreign individuals must obtain permission to reside in the Czech Republic in order to purchase real estate there. Permission is readily granted upon presentation of a passport or an ID-card, a certificate of health insurance, and an affidavit attesting to sufficient funds to avoid becoming a burden on the social security system. U.S. citizens may purchase a second home by obtaining a visa allowing a stay of more than 90 days. The process for all other foreigners (non-EU or -U.S. citizens) is more complicated. They must obtain a visa allowing them remain in the Czech Republic for seven years or marry a Czech citizen; this qualifies them to obtain a green card which allows purchase of property. Alternatively they can buy property through a limited liability company (known as an S.R.O.), but an EU citizen must control the company. Consequently, a Czech or EU citizen, or someone holding a long-term visa, must serve as the company’s executive director. The company representative (Jendnatel), normally a Czech citizen or permanent resident, must be granted full access to the company bank account as well as full power of attorney over business decisions; needless to say the representative must be selected carefully. A shell company can be purchased “off the shelf” and required documentation completed within about 24 hours. There are, however, ongoing requirements for filing tax returns and financial reports. Doing Business in the Czech Republic Appointments are mandatory and should be made in advance. Avoid scheduling meetings on Friday afternoons because many Czechs leave for their country cottages after lunch. It is also best to avoid scheduling meetings during August which is the traditional vacation period. When introduced, offer a handshake with direct eye contact and the appropriate greeting for the time of day. Wait to be invited before using someone's first name or an informal greeting. The oldest or highest-ranking person will signal when it is appropriate to move to an informal or first-name basis. Rushing the transition to informality may be interpreted as a humiliating insult. Punctuality is taken extremely seriously for both business and social occasions. Czechs use initial meetings for getting acquainted and evaluating if you are trustworthy; a first meeting may be with a company “gatekeeper” instead of anyone in authority. After introductions and some small talk, expect to get down to business. Maintaining direct eye contact when speaking conveys trustworthiness and seriousness of purpose. Lowered eyes may 160 8. Country Profiles signal disapproval or discomfort. The tone of meetings is usually formal and it will take several meetings before Czech colleagues relax a bit and show a friendly demeanor. Czechs are formal and somewhat indirect in their communication. They try to avoid confrontation and may substitute statements such as, “we’ll see,” or “it is difficult” for saying no. Business is hierarchical and formal. It moves slowly and according to strict protocol. Decisions are made at the highest levels and may ascend through several levels of authority. Attempts to rush the process or circumvent protocol will likely derail a deal. Likewise, it is best to avoid high-pressure tactics in negotiations. Czechs generally state their expectations up front and do not make counteroffers. Beyond the Basics Czechs are private people until they get to know you. Once you develop a personal relationship they may open up a bit, but may always be a bit reserved. Although always polite, they tend not to acknowledge people whom they do not know as they walk along the street or ride the train. If you are invited to home, bring a gift, such as good quality chocolates or spirits. Flowers are an acceptable gift for the hostess but may be misconstrued as romantic intentions. If giving a gift of flowers give an odd number of stems (not 13) and avoid lilies as they are associated with funerals. Ask a florist for help in making the right choice. Dressing modestly but well shows respect for the host. In return, guests are treated with great honor and respect. When entering the home, remove your shoes if others do so. Czechs keep business and personal life quite separate so discussing business during a social occasion is inappropriate. Table manners are rather formal in Czech Republic. Remain standing until invited to sit down and shown to a particular seat. The oldest woman or honored guest is generally served first but do not begin eating until the hostess starts. Unless the meal is formal, the napkin remains folded next to the plate; napkins are placed in the lap for formal dinners. Always refuse second helpings the first time they are offered but accept when the hostess insists. Compliment the meal is a compliment to the hostess and allows her discuss the food and the preparation. 161 Europe and International Real Estate Holidays December 31–January 1 New Year’s Holiday April/May Easter, Easter Monday May 1 Labor Day May 8 Liberation Day July 5 Sts. Cyril and Methodius Day July 6 Commemoration of Jan Huls September 28 Czech Statehood Day October 28 Independence Day November 17 Freedom and Democracy Day December 25–26 Christmas Key Contact The Association of Real Estate Offices of the Czech Republic (ARKCR) Na Chodovci 2880/3 Praha 4 - Sporilov 141 00 Czech Republic Phone: 42-02-727-762953 Fax: 42-02-727-766401 Email: [email protected] 162 8. Country Profiles Denmark Denmark is the smallest and most southern of the Scandinavian countries. It occupies the Jutland peninsula north of Germany, with which it shares its only land border. Denmark’s coastlines lie along the North Sea on the West and the Baltic on the East. It is about twice the size of the U.S. state of Massachusetts. Its maritime climate, created by the surrounding seas, is temperate, damp, and often overcast. Flooding is a chronic threat and some areas of the country and outlying islands are protected by systems of dikes. The country offers an interesting mix of lively cities and rural countryside. Denmark’s thoroughly modern economy generates one of the highest standards of living in the world; GDP per person stands at about $62,500 and is well distributed amongst the population of about 5.5 million. The well diversified economy includes hightech industries, agriculture, maritime shipping, renewable energy technologies, pharmaceuticals, and medical equipment. Denmark is one of the leading exporters of wind-driven turbines. The Danish economy is also marked by high levels of government spending on social programs. Danish Economy Source: CIA Worldfactbook Agriculture, 1.2% Industry, 23.8% Services, 74.9% 163 Europe and International Real Estate Domestic consumption and exports produced a healthy budget surplus for many years, until 2008, when the budget dipped to a deficit level. Loss of consumer confidence, higher borrowing costs, and reduced export demand from trading partners began slowing the Danish economy in 2007 and pushed it into negative territory for the first time in many years. Although Denmark’s economy meets the criteria to join the European Monetary Union, it has so far declined to adopt use of the euro. The Danish krone is, however, pegged to the euro. Denmark’s healthy industrial section produces iron, steel, nonferrous metals, chemicals, processed foods, machinery and transportation equipment, textiles and clothing, electronics, construction materials, furniture and wood products, shipbuilding and refurbishment, windmills, pharmaceuticals, and medical equipment. Its main trading partners are Germany, Sweden, U.K., United States, Norway, Netherlands, and France. Foreign Ownership of Real Estate There are significant barriers for non-resident foreigners to own real estate in Denmark. Nonresident foreigners may not purchase real property unless they have resided in Denmark for at least five years, are EU citizens working in Denmark, or have a valid residence or business permit. Popular vacation-home areas along the coasts have more stringent restrictions. These regulations are sometimes called “anti-German” rules because of the objective of preventing Germans from buying too many second homes in the areas. A non-resident foreigner can purchase real property by forming a Danish limited company, an ApS (Anpartsselskab). A company can be set up, off the shelf, in a few days, but keep in mind that there are ongoing tax and financial reporting requirements. Danish real estate agents must receive authorization from the Danish Enterprise and Construction Authority in order to conduct business. Doing Business in Denmark Danes believe that there is a proper and acceptable way to act in any given situation and someone who does not conform to this expectation will likely be admonished by co-workers. Modest, courteous behavior is expected at all times. Danish business, like society, is very egalitarian, but there are protocols and norms of courteous behavior that everyone is expected to follow. Women are highly respected in business and generally receive equal pay and have access to senior positions. Working mothers can easily arrange flexible hours so that they can maintain both a career and a family. 164 8. Country Profiles Appointments are necessary and should be made in advance and reconfirmed in writing. Initial correspondence should be addressed to the company and not an individual. Scheduling a meeting during June through August, may be difficult as those are the traditional vacation months and most Danish workers enjoy up to 5 week of vacation time. Some Danish companies close for extended periods during the summer months. Punctuality is very important and more than a five-minute holdup is cause for a telephone call to explain the delay. When arriving for a meeting, a handshake with a smile and direct eye contact is appropriate. You should shake hands with everyone present, women first, when both arriving and departing. Although Danes tend to introduce themselves by first name, it is appropriate to use their professional title or Mr. (Herr), Mrs. (Fru), or Miss (Froken) and surname until invited to move to a first-name basis. Business cards are exchanged without ritual. Danes do not need to develop a personal relationship before doing business. Expect a minimum amount of small talk before getting down to business. Plan to send an agenda of discussion items in advance and stick to it without deviation. Going off the agenda may be seen as a lack of preparation and in conflict with expected protocol. Presentations should be well-organized, factual, and supported by data. A moderate, low-key presentation style is the appropriate demeanor as is avoiding any attempt at a hard sell. Maintaining eye contact while speaking communicates trust and seriousness about the matter at hand. Danes are straightforward, but always courteous, communicators. With the emphasis on egalitarian society, in many Danish companies, bosses often take the role of team leader and, before making a decision, encourage everyone to express an opinion. Nevertheless, final decision making is done at the upper levels of the company. Customary social distance for Danes is wider than most any other European culture. Danes prefer to stand at least two arm lengths apart. Gestures to avoid include: circling the temple with the index finger used to insult other motorists, the thumb and forefinger okay sign which is considered vulgar, and the two-finger victory sign if done with the palm facing inward which is a very rude insult. When ascending a flight of stairs, men precede women. When descending, women precede men. If you must pass between chairs in a restaurant, meeting room, or theater, it is considered quite rude to turn your back toward those you are trying to press pass. Beyond the Basics All foreigners traveling to Denmark must register with the local police within 24 hours of their arrival. Hotels usually take care of this procedure for their guests, but you must do it yourself if you are not staying in a hotel. Forms can be obtained from the local police or at the post office. The Danes are rather reserved in public. For example, they generally do not strike up a conversation with a stranger and are wary of anyone who does. Modest, low-key behavior that does not call attention to oneself is the appropriate demeanor. The key to being accepted and 165 Europe and International Real Estate respected in Denmark is to blend in rather than be conspicuous. Denmark has a very homogeneous population without ethnic, social, or class differences. Although there are certainly wealthy and poor people amongst the Danes, an ostentatious show of wealth is inappropriate. Danes strive to minimize social differences and discourage giving preferential treatment to anyone, regardless of rank or wealth. Most Danes are modest about their own accomplishments and expect others to be equally self effacing. The small, nuclear family is the center of social structure, as well as the focus of governmentsupported social programs. Marriage is not a prerequisite to starting a family and many couples live together and raise children without legalizing the arrangement. Children are raised to be independent from an early age. With the highest percentage of working mothers in Europe, most one-year-olds are enrolled in day care centers. If you are invited to a Danish home, arrive on time; punctuality is expected in both social and business occasions. Bring a gift for the hostess such as flowers, good quality chocolates, or a good quality wine. If you know that there are children in the home, small gifts for them are appreciated. If the occasion is a dinner party or large gathering, send flowers in advance so that they can be displayed during the event. Contacting the hostess ahead of time to see if she would like you to bring a dish is considerate. When you enter the home, check if others remove their shoes at the door and follow suit. Danes enjoy showing off their homes; since many of them do the decorating themselves and are proud of their accomplishments. If asked, they will gladly give you a tour of the house. At the table, wait for the hostess to tell you where to sit. Table manners are continental, so you should keep elbows off the table, but keep both hands visible with wrists resting on the table edge. The meal begins with the host offering a toast—“skol.” When toasting others during the meal, raise your glass to eye level and make eye contact with those seated closest to you. At the end of the meal, usually during dessert, the man seated to the left of the hostess offers a toast of thanks complimenting the hospitality. Danes do not like to waste food. Try everything that is offered and finish everything on your plate. Although second helpings will be offered, you may refuse with causing offense. Offer to help with meal preparation and the cleaning up. Do not discuss business. 166 8. Country Profiles Holidays January 1 New Year’s Day Apr/May Good Friday, Easter Monday April Common Prayer Day May Ascension Day May Pentecost June 5 Constitution Day December 24-26 Christmas Key Contact Danish Association of Chartered Estate Agents (DACEA) Islands Brygge 43 2300 Copenhagen S Denmark Phone: 45-70 25 09 99 Fax: 45-32-64-45 99 Email: [email protected] www.de.dk 167 Europe and International Real Estate Greece Greece lies in the southern Balkans surrounded by seas: the Aegean, Ionian, and Mediterranean. About half of the country consists of islands spread around the mainland in a wide arc from Corfu to Samos. Although the country is small, about the size of the U.S. state of Alabama, is has more than 14,000 kilometers of coastlines. The Corinthian canal bisects Greece into two portions: the northern mainland and the Peloponnesus peninsula. The terrain of Greece is crisscrossed with rugged mountains extending into the sea. The 160 permanently inhabited islands tend to be rocky and arid. An extensive system of ferryboats connects the islands and mainland ports. Greece shares land borders with Bulgaria, Albania, Turkey, and the Former Yugoslavian Republic of Macedonia (FYROM). The flow of illegal immigration from Albania and Turkey is a chronic social and political issue as well as a drain on Greek resources. Earthquakes are a hazard throughout the country and some of the most populated areas—Corinth and Sparta—have been leveled at one time. Government-mandated building standards require new construction to withstand earthquakes. Economy and Business Greece was an early member of the European Community and in 2001 joined the eurozone. In 2010, f eroding finances, chronic economic underperformance, and lax collection of taxes, exacerbated by a credibility gap in reporting government borrowing, pushed Greece to the brink of bankruptcy. Before the International Money Fund and other EU countries shored up Greece’s economy with $147 billion in loans and guarantees, the rancorous debate strained the unity of the EU and monetary union. Worldwide, economists speculated that Greece might withdraw from the eurozone and questioned the EU’s commitment to backing the euro. Greece responded with spending cuts, stepped-up tax collections, reduction in the civil-service workforce, and deep cuts in pensions and social programs. The austerity measures have cost many Greeks their jobs and caused social and labor unrest throughout the country. 168 8. Country Profiles Real Estate in Greece Foreigners and citizens of EU countries can purchase property in Greece without restrictions. Importation of funds for real estate acquisition must be documented and requires permission of the Bank of Greece. The buyer must also obtain a Tax Registry Number from the Internal Revenue Service. Acquiring property in sensitive areas near military installations, national borders, and on some islands close to Turkey requires permission of the Local Council; non-EU citizens seldom receive such permission. Despite Greece’s economic problems, it remains a popular location for second-home buyers from northern countries, especially the United Kingdom and Germany. Greek real estate agents are not licensed but the most professional are members of the Hellenic Association of Realtors. Transfer tax on the sale of real property ranges from 7–11 percent; areas covered by fire protection, a chronic hazard, pay the highest rates. Municipal tax is a 3 percent surcharge on the amount of transfer tax. New properties constructed after January 2006 are subject to 19 percent VAT on first sale, in place of 7–11 transfer tax. State real estate tax is imposed on the assessed value of a property based on square meters. The state does not tax private, primary residences of less than 200 m2 and €300,000. Local authorities, however, do levy an annual real estate tax. Residential rentals have a minimum duration of three years. A lease of less than three years obligates the landlord more than the tenant. Leases do not automatically renew. When renting a property for a shorter length of time, such as for a vacation rental, the lease must stipulate that the premises will be used as a short-term holiday rental or temporary residence and reality must match the statement. Doing Business in Greece Doing business in Greece means making personal connections and nurturing relationships. First meetings are for getting acquainted and evaluating trustworthiness. Developing the relationship requires several meetings and may take place outside of the business setting, over lunches, dinners, coffee breaks, or social occasions—always accept the invitation. Greeks prefer to conduct business face-to-face instead of by phone, but once the relationship is established it is acceptable to maintain contact by phone or e-mail. Discussions may veer from a set agenda and participants may talk at the same, interrupt, and hold side conversations. Be patient and maintain an unruffled demeanor. Showing irritation or imposing a deadline will derail the relationship. An attempt to conclude a matter too quickly will likely raise suspicions. Greeks tend to be quite expressive so if a colleague becomes quiet and withdrawn, something has gone awry in the relationship. 169 Europe and International Real Estate Although the pace of business is relaxed, it is not casual. Business discussions follow a logical progression and Greeks are very shrewd negotiators. Because hierarchy is respected and authority is concentrated at the top of organizations, decisions are made at the highest levels. Presentations should be directed at the most senior people present as they are the likely decision makes. Matters involving government bureaucracies move at a snail’s pace and often involve decisions and approvals at multiple levels of authority. As an accommodation to the hot climate, traditional business hours are from 8:00 a.m. to 2:00 p.m. and 5:00 p.m. to 8:00 p.m. Businesses may observe these traditional hours during the summer months, but most now operate year-round on a nine-to-five schedule. Stores are usually open from 9:00 am to 9:00 pm. Banks typically close for the day at 2:00 pm. Business appointments are necessary and should be made a couple of weeks in advance, although short-notice appointments may be possible. Confirm the time and location the day before. Avoid scheduling appointments between 1 p.m. and 3 p.m., the typical lunch time, or during the traditional vacation month of August. Greeks appreciate punctuality but are rather relaxed in their approach to time. It is acceptable to arrive up to 30 minutes late for a social occasion, but not for a business appointment. A firm handshake and direct eye contact is appropriate when introduced. Business cards are exchanged without ritual. Do not move to a first-name basis unless invited to do so. Many Greeks speak English, particularly younger people who study it in high school or language academies. Greek business attire is conservative but, due to the hot climate, somewhat less formal than other European countries. Nevertheless, senior-ranking business people tend to dress conservatively; men in dark-colored business suits and women in business suits or tasteful dresses. Dressing well shows respect for colleagues and sets a serious tone for business conduct. Challenging a colleague’s honor, integrity, or veracity, or causing a loss of face is a sure way to end a relationship. Greeks may show disapproval with a sharp upward nod of the head. Never show an open palm toward another, as this is a serious insult. Beyond the Basics The family, particularly the extended family, is the basic social unit and provides both emotional and financial support. The extended family is expected to help its members make connections for jobs and business, and nepotism is accepted. Friendship and family connections implies the exchange of favors. The wrongdoing of one family member can compromise the reputation of the entire family, particularly in villages and the countryside. Greeks tend to be warm and hospitable. Close friends often greet each other with embraces, pats on the back, and kisses on the cheek. Close female friends and relatives may walk together arm in arm. 170 8. Country Profiles Because Greek children are almost always named after their grandparents, it is not uncommon for several cousins in the family to share the same first name. Greek names honor Orthodox saints and observances. Name days, which are usually shared with several members of the family, are much more commonly celebrated than birthdays. The appropriate wish is “kro-nia po-lah” (many years). The traditional name day celebration is an open house for family and friends. Greek Orthodox religious tradition is deeply interwoven into the life in Greece, even for the non-observant. Most holidays and festivals are religious; Christian observances of Epiphany, beginning of Lent, Easter, and the Dormition of the Virgin Mary are major public holidays. Younger people tend to be less devout than their elders but still turn to the church to observe important rituals such as baptisms, marriages, and funerals. Easter is the highpoint of the Greek calendar, eclipsing Christmas traditions which are regarded as northern customs. Although Greece is becoming more secular, the Greek Orthodox Church maintains an influential role in political, civic, diplomatic, and governmental affairs. If invited to a Greek home, bring a modest gift—flowers, fine chocolates, and pastries, are good choices. Because gifts are usually reciprocated, giving a gift of high value could create a burden for the recipient. Dressing well and complimenting the house shows respect for the host family. Remain standing until invited to sit down by the hostess. Family elders are respected and the oldest person may be served first, even if you are the guest of honor. Table manners are continental—keep elbows off the table but both hands visible. Finish everything on your plate and accept a second helping, which honors the hostess. People often share food from their plates. Cyprus—Small Island, Complicated Situation The republic of Cyprus, a former British colony that gained independence in 1960, lies in the eastern Mediterranean. In 1963–64, long-simmering tension between the Greek majority and Turkish minority erupted in violent demonstrations in the capital of Nicosia, which were brought to an uneasy cessation by UN peacekeeping troops. A decade later, an ill-conceived attempt by the Greek government, under the Papadopoulos dictatorship, to seize control of Cyprus sparked military intervention by Turkey. A UN-brokered cease fire divided the island between the northern third occupied by Turkish troops and the southern sector by Greek Cypriots. The northern zone declared itself the “Turkish Republic of Northern Cyprus” and received recognition only by Turkey. The entire island entered the European Union in 2004, but EU rights, obligations, and citizenship apply only to the Greek Cypriot sector. The division remains a thorny, divisive issue between Greece and Turkey. Recent thawing in diplomatic relations has eased tensions enough to allow some opening of the fortified line between the northern and southern sections. The border opening, however, brought a contentious real property issue to light. Some Greek Cypriots who traveled north to visit their 171 Europe and International Real Estate former homes found that the properties they were forced to abandon had been confiscated and sold at bargain prices to foreigners, primarily British, for holiday homes. European courts have consistently favored the former Greek Cypriot owners and forced the new “owners” to the vacate properties without compensation. Because Cyprus is a former British protectorate, U.K. second-home buyers feel an affinity with the island and a large population of expatriate retirees has settled there. Relations with Turkey and FYROM Greece won independence from the Turkish Ottoman Empire, in 1832 after 400 years of subjugation. Greeks have never forgotten, or seldom forgiven, the harsh treatment of the former Ottoman rulers. Despite centuries-old enmity, Greece supports EU membership for Turkey. If Turkey becomes a full EU member it must abide by EU principles of human rights protection; the Greek minority in Turkey and the Greek Orthodox Ecumenical Patriarchate located in a tiny enclave of Istanbul would be assured freedom of religion and accorded greater protection. Turkey’s membership would also force a resolution to the Cyprus division—an ongoing flashpoint between Greece and Turkey. The controversy with the Former Yugoslavian Republic of Macedonia (FYROM) originates from that country’s claim to the name of a traditional Greek province. The issue, however, runs deeper than a title or claim to the legacy of Alexander the Great. Greeks fear that FYROM, if recognized as Macedonia, will soon make territorial claims on Greece’s northern province of the same name. Holidays December 31–January 1 New Year’s Holiday January 6 Epiphany Feb/March Clean Monday (first day of Lent) March 25 Greek Independence Day April/May Easter (Orthodox), Easter Monday May 1 Labor Day May/June Pentecost August 15 Dormition of the Virgin Mary October 28 Oxi (Oh-hee) Day December 24–25 Christmas 172 8. Country Profiles Key Contact Hellenic Association of Realtors (HAR) Odos Kerkyras 47 Athens 11362 Greece Phone: 30-210-823-2931 Fax: 30-210-881-0936 Email: [email protected] www.sek.gr Hungary Although landlocked, Hungary occupies a strategic connection point for land routes to Ukraine, the Balkans, and Mediterranean. Two great rivers, the Danube and the Tisza, flow north to south through the country and divide it into three large regions. The capital city of Budapest—actually two cities of Buda and Pest—is a cosmopolitan, sophisticated European city picturesquely arranged on opposite banks of the Danube. The city’s architecture is a distinctive mix of styles from Baroque to Art Nouveau. T The climate is temperate with hot summers, cold winters, and many days of overcast skies. The terrain is mostly flat rolling hills and plains which open into the largest grassland in Europe. Low mountains mark the northwestern border with Slovakia. Spa culture is a unique and distinctive part of Hungarian life. The thermal spas of Hungary were well known even to the ancient Romans. Today there are close to 500 public baths throughout the country and natural thermal springs and lakes dot the landscape. The modern state of Hungary was created out of the post-WWI breakup of the AustroHungarian Empire. It was enclosed behind the iron curtain during the Soviet years but was also the first to liberalize its economy. Early liberalization measures, “goulash communism,” were introduced in the late 1960s. Hungary held the first multiparty democratic elections in 1990. It joined NATO in 1999 and the EU in 2004. 173 Europe and International Real Estate The Roma Hungary hosts a large population of Roma, preferable to the term gypsy which has a negative connotation. The Roma are nomadic people who live outside the boundaries and regulations of any country and make a livelihood through itinerant trades. They are a protected minority under the aegis of the United Nations. Never make the mistake of confusing Hungarian and Roma culture or nationality. It is the gravest insult. Economy Hungary made a quick and almost total transition to a market economy. Increasingly affluent consumers, a strategic location in the heart of Europe, and logistics infrastructure connections with its 7 neighboring countries made it a magnet for foreign direct investment. In fact, Hungary consistently attracts more foreign investment than any other Central or Eastern European country. Between 2000 and 2006, Hungary’s economy grew at a very fast pace of 4–5 percent a year and its quick expansion eased the way for full membership in the EU. But when the global economic crisis hit in 2008, a huge amount of external debt, substantial budget deficits, and heavy borrowing in Swiss franc- and euro- denominated loans produced a very hard landing for the Hungarian economy. Foreign investors quickly pulled capital out of the country and trading partners cut back sharply on exports. By mid-2010, inability to service its debt, and subsequent downgrading of its bond rating, brought the Hungarian government to the crisis point. The result was a sharp economic contraction with little positive growth anticipated for the near future. The government introduced measures to cut spending and raise tax revenue. But by the end of 2010, as new leadership took office, the IMF, the European Commission, and business interests were all pressing the Hungarian government to impose deeper spending cuts. Agriculture, 2.8% Industry, 34.7% 174 Hungarian Economy Source: CIA Worldfactbook Services, 62.5% 8. Country Profiles Privatization of housing pushed Hungary’s homeownership rate over 90 percent. But much of the formerly state-owned housing stock is substandard with many residences lacking central heating and adequate plumbing. In response to widespread discontent with substandard housing, the government introduced generous subsidies for new housing such as mortgage interest rate subsidies, construction grants for young families with children, VAT relief for new housing, energy subsidies, and stamp duty waivers. Within a couple of years, more than two thirds of new housing loans were government subsidized and close to 90 percent of housingrelated expenditures were government financed. More than half of mortgages were Swissfranc or euro-denominated loans. Interest rates on these foreign-currency loans were significantly lower, almost by half, than Hungarian forint denominated loans. Withdrawal of housing subsidies, loss of value of the forint against the Swiss franc and euro, and rising levels of unemployment produced a triple threat for Hungary’s homeowners. Swiss franc mortgages were withdrawn from the market in late 2008. The program of subsidies and availability of inexpensive, subsidized mortgages overheated the housing market, particularly in the capital city of Budapest. When the recession hit, house prices fell sharply. Foreign Ownership of Real Estate There are few restrictions on foreigners buying property in Hungary except for the purchase of arable land. Foreigners need the approval of the Administrative Office (AOB) before they can buy property, which takes two to three months to receive. Most lawyers advise foreign nationals to set up a company registered in Hungary in order to purchase property, which does not require a permit to purchase property. A shell company can be set up in one or two days. Doing Business in Hungary Although a personal relationship is not essential for doing business in Hungary, an introduction through a mutual contact, someone known and trusted, can help with making the right contacts. Remember that many older managers and government workers rose through the ranks of communist-era organizations. The right connection can cut through red tape and delays. Appointments are necessary and should be made two or three weeks in advance and in writing. It is best to avoid scheduling an appointment on a Friday afternoon or during the traditional vacation months of July and August or around the Christmas and New Year’s holidays. Canceling a scheduled appointment at the last minute without a very good reason is seen as bad manners and could derail the possibility of future business. Hungarians pride themselves on observing proper etiquette in all situations and appreciate it when others make the same effort. When introduced, a handshake with eye contact is appropriate. Business cards are exchanged without ritual. If you have an academic degree, 175 Europe and International Real Estate include it on your business card. If you company has been in business for a long time, include the founding date on your business card. With the emphasis on formality, it is best to address others by their titles and surnames. Business dress is conservative for both men and women. Gifts are not usually expected or exchanged when visiting a business contact. Hungarians associate direct eye contact with sincerity and trustworthiness. They may be suspicious of someone who cannot look them in the eye as well as a person who is too reticent in sharing their thoughts. Initial meetings are usually for getting acquainted. At subsequent meetings expect some small talk and getting-acquainted conversation before getting down to business; it is best to let your Hungarian contact initiate discussion of business. The pace of business is rather slow and concluding a deal may entail a lot of eating and drinking. But it would be a mistake to view this socializing as less than serious. Socializing is part of the relationship-building process. If invited to share a meal or attend a cultural event, always accept the invitation and reciprocate. Hungarians tend to be skilled negotiators and want to know every detail before reaching an agreement. Emphasis on maintaining polite demeanor makes confrontation or high-pressure tactics a bad idea. Contracts are viewed more as a statement of intent than a hard and fast agreement; if circumstances change, a renegotiation of terms is expected. Hungarians are rather emotive speakers and may use stories and anecdotes to illustrate and emphasize points. They are, however, straightforward in sharing their thoughts, feelings, and details about their lives and expect others to do the same. Beyond the Basics The family is the center of the Hungarian social structure and members of the extended family often live together with grandparents playing an important role in raising grandchildren. It is expected that the family will provide emotional and financial support in times of need. If you are invited to a Hungarian home arrive punctually. A handshake is an appropriate greeting. Close friends may embrace and kiss one another lightly on both cheeks left cheek first. If it is a large gathering or party, you may arrive up to half an hour after the scheduled start time without offending the host, but not for a sit-down dinner. When entering the home you may be asked to remove your outdoor shoes. The home is a very private domain so do not expect, of ask, to tour the house. Bring a gift such as a box of good-quality chocolates or flowers. It is best to avoid gifts of wine as Hungary produces its own fine wines and is justifiably proud of them. If you choose flowers as a gift, give an odd number of stems (not 13) and avoid chrysanthemums and lilies which are associated with funerals and red roses which signal romantic intentions. Gifts are usually opened when received; open a gift if you are a recipient and compliment the giver. 176 8. Country Profiles Table manners are continental and rather formal in Hungary. Elbows are kept off the table, but both hands should be kept visible. At the start of each course, the hostess will wish guests a hearty appetite. When the hostess begins eating it is the signal for others to start. Usually the guest of honor will offer a toast of good health to the host, hostess, family, and guests at the start of the meal. The meal should conclude with another toast complimenting the meal and thanking the host and hostess for their hospitality. When participating in a toast, never clink beer glasses. Holidays December 31–January 1 New Year’s Holiday March 15 Commemoration of 1848 uprising April/May Easter, Easter Monday May 1 Labor Day May/June Pentecost May 8 Liberation Day August 20 National Day October 23 Republic Day November 1 All Saints Day September 28 Czech Statehood Day December 24-25–26 Christmas Key Contact Hungarian Real Estate Association (HREA) Margit krt. 43-45 H-1024 Budapest Hungary Phone: 36-1-336-0072 or 36-1-315-1039 Fax: 36-1-336-0073 Email: [email protected] 177 Europe and International Real Estate Latvia Latvia is one of three Baltic countries that emerged from the breakup of the Soviet Union. It shares land borders with Estonia to the north, Lithuania to the south, and Russia and Belarus to the east. A longstanding dispute with Belarus over the location of the border was recently settled. Latvia lies in an arc around the Bay of Riga, named for its capital city, with the western most coastline facing the Baltic Sea. Because of its strategic location, large contingents of Russian army and naval forces were stationed in Latvia during the Soviet years. Soviet troops were withdrawn when Latvia re-established itself as an independent nation in 1991, but a large Russian population, about 30 percent, remained in the country. Discrimination against the Russian minority is an ongoing controversy between the two countries. As one of the countries that make up the eastern external border of the EU, Latvia maintains strict border controls with Russia and Belarus. The terrain of the country is dominated by low plains and coastlines; the highest point in the country is only 312 meters in elevation. Latvia has a temperate, maritime climate, which moderates the winters despite its northern location. Economy Despite its small size, Latvia has a diversified economy with healthy manufacturing and agricultural sectors. Manufacturing includes buses, street and railroad cars, appliances, radios, and electronics. The agricultural sector produces grains, vegetables, meat, fish, and dairy products. Almost half of its exports go to its neighbors: Lithuania, Estonia, and Russia. Most companies, banks, and real estate have been privatized, although the state still holds sizable stakes in a few large enterprises Latvia, along with its Baltic neighbors, took a very hard economic hit in 2008. During the boom years up to 2007, low interest rates combined with an annual 10 percent growth rate, overheated the economy and the housing market. Latvian banks were lending money to consumers at interest rates lower than the inflation rate. When the worldwide economic downturn hit, Latvia’s economy contracted by almost 18 percent within one year; one out five Latvians lost their jobs. By 2010, the economy had started to recover and growth rates moved back into the positive range but at more modest, sustainable levels. 178 8. Country Profiles Industry, 21.9% Agriculture, 3.8% Latvian Economy Source: CIA Worldfactbook Services, 74.3% Although Latvia is a member of the EU, it has not adopted the euro as its currency. However, Latvia’s currency, the lat, is pegged to the euro and this exacerbated the economic crisis. As the euro gained value, product prices increased and inflation rates started to climb. Because the currency peg effectively took away the central bank’s ability to lessen inflationary pressures by managing currency value, it resorted to restricting credit and raising interest rates. When combined with sharply reduced consumer spending the result was a very severe and sudden economic contraction. Foreign Ownership of Real Estate The real estate market echoed the boom and bust economic phases. In the run up to the 2008 economic crisis, real estate prices had zoomed upward fueled by speculative buying and mortgage interest rates below the inflation rate. The central bank’s actions to bring down inflation by stopping the flow of credit and raising interest rates also pulled the plug on an overheated real estate market. In 2007, inflated property prices fell by almost 70 percent. By 2010, the real estate market showed signs of modest revival with property values increasing by 2–3 percent. Foreigners can freely buy, develop and sell buildings, termed movable property but not the land (immovable property) it occupies. Direct acquisition of land by foreigners is subject to permission of the local municipality. Foreigners may, however, lease the land for up to 99 years. Ownership of land and buildings is registered separately in official property records, the Land Book. VAT of 18 percent is imposed on the sale of newly built real estate (or for properties sold within one year of construction or reconstruction), but used real estate is exempt. 179 Europe and International Real Estate Doing Business in Latvia When introduced, handshakes with all present are appropriate. Latvian business is rather formal in tone and others should be addressed with their professional or academic title if they have one or Mr. (kungs) or Mrs. (kundze). Business cards are exchanged without ritual and with those you are meeting for the first time. For younger business people, appropriate attire trends toward business casual, but dressing conservatively is the accepted norm and shows serious intent toward the conduct of business. Many senior managers rose through the ranks of state-controlled enterprises and continue to manage by old command and control methods. When the meeting begins, the most senior Latvian attendee will typically make an opening speech. The most senior member of the visiting team should respond with an opening speech. As the meeting gets down to business, the senior member of the Latvian team will direct the meeting and manage the decision making process, which can be a lengthy process since decisions are made at the highest levels. Expect meetings to stick to the planned agenda. Latvians tend to be reserved and somewhat austere in their aspect and verbal communications. They do not let their emotions show and are quite comfortable with long periods of silence. But do not rush to fill in an awkward silence with words. Latvians value concise communication and are put off by “too much talk.” Although sparing in their words, Latvians are extremely courteous in interpersonal interactions and do not interrupt others when they are speaking. During business meetings it is best to emulate this economy of speech and focus presentations on essential information. When Latvians do speak, they tend to be quite succinct and candid in their comments, but negative comments will be moderated or understated so as not to give offense. Holidays December 31–January 1 New Year’s Holiday April/May Good Friday April/May Easter, Easter Monday May 1 Labor Day May 4 Declaration of Independence Day June 23 Ligo (Midsummer Eve) June 24 Jani (Midsummer Day/St. John Day) November 18 Latvian National Day December 25–26 Christmas 180 8. Country Profiles Key Contact Latvian Real Estate Association (LANIDA) 45/47 Elizabetes Street Riga LV-1010 Latvia Phone: 371-7-332-034 Fax: 371-7-332-034 Email: [email protected] www.lanida.lv Poland The nation of Poland traces its roots to the mid-10th century and reached its golden age in the mid-16th century. Over the centuries, neighboring countries played out conflicts and invaded repeatedly testing Poland’s resolve to endure. In the late 18th century, Russia, German Prussia, and Austria divided up the country amongst themselves and Poland remained a divided state until after the First World War. A newly constituted Poland gained its independence in 1918 only to be invaded two decades later by German Nazi forces. Poland’s central location and its flat terrain have made it an historic field of battle. Its cities suffered great destruction in WWII clashes between Nazi forces and the Red Army. The capital city of Warsaw was virtually leveled. Following WWII, Poland became a satellite state of the Soviet Union. It was among the first to loosen the hold of communist rule and, following the breakup of the Soviet Union, moved quickly to institute a market economy. Labor turmoil in 1980 led to the formation of the independent trade union Solidarity that over time became a political force and by 1990 swept parliamentary elections and the presidency. In land area Poland is about the same size as Norway, slightly smaller than the U.S. state of New Mexico. The climate is temperate with cold, snowy winters and humid summers with frequent rain and thunderstorms. Two major rivers, the Vistula and the Oder, flow from low-lying mountains along the southern border north to the Baltic; flooding, particularly during the spring, is a chronic problem. 181 Europe and International Real Estate Poland shares borders with Belarus, Czech Republic, Germany, Lithuania, the Russian oblast of Kaliningrad, Slovakia, and the Ukraine. It has a long coastline along the Baltic and the largest coastal city, Gdansk, is a center for shipping and shipbuilding. Poland became a member of NATO in 1999 and the European Union in 2004. It had targeted 2012 to become a member of the European Monetary Union, but economic troubles as a result of the global economic downturn, will likely push back that date. As an eastern-most border of Europe, it is charged with strict enforcement of the Schengen border and intercepting illegal trade and immigration transiting Ukraine and Belarus Economy A "shock therapy" program during the early 1990s enabled the country to transform its economy into one of the most robust in Central Europe, but Poland still faces the lingering challenges of high unemployment, underdeveloped and dilapidated infrastructure, and a poor rural underclass. Poland's economic performance could improve over the longer term if the country addresses some of the remaining deficiencies in its road and rail infrastructure and its business environment. An inefficient commercial court system, a rigid labor code, bureaucratic red tape, burdensome tax system, and persistent low-level corruption keep the private sector from performing up to its full potential.31 Agriculture , 4.6% Polish Economy Source: CIA Worldfactbook Industry, 28.1% Serivces, 67.3% 31 U.S. State Department Country Briefings, www.state.gov 182 8. Country Profiles Poland’s industries include machine building, iron and steel, coal mining, chemicals, shipbuilding, food processing, glass, and textiles, its largest trading partner is Germany which accounts for about one quarter of all exports. Foreign Ownership of Real Estate Foreigners can freely buy condominium units in Poland but there are restrictions on ownership of land. EU and EEA citizens, however, must obtain permission from the Ministry of Internal Affairs and Administration to purchase land for commercial or recreational purposes. There are limits on the amount of land that can be purchased for the purpose of permanent residence. Foreigners who are not citizens of EU or EEA countries must obtain permission to purchase any type of land. Land sales are subject to 22 percent VAT. The permit is allowed if the foreign buyer can show proof of substantive connections with Poland such as a residence. Land can be leased without restriction Non-EEA citizens need MIA permits to buy any kind of land, residential or commercial. The MIA permit will only be issued if the foreigner can prove links with Poland such as temporary or permanent residence in Poland. Real estate agents in Poland must be licensed. Doing Business in Poland When introduced, and greeting business colleagues, a firm handshake with good eye contact is appropriate. A woman should extend her hand first. It is polite to address each person in group individually when meeting and departing. A group greeting or wave would be inconsiderate. Appointments should be made about five days in advance and reconfirmed the day before. Many Poles take vacation time during February, July, and August, so it is best to avoid these time periods. The business day is usually 8:00 a.m. to 4:00 pm. Punctuality is important. Business conduct is formal and hierarchical. Colleagues rarely use first names; addressing people as Mr. (Pan) or Mrs. (Pani) along with the surname is customary. Do not move to a firstname basis unless your Polish contact indicates that it is acceptable, which will probably be well after a relationship has been established. Gifts may be presented at the beginning of a partnership, but be careful that the gift is not misconstrued as an attempt at bribery. Gifts are also exchanged at the end of a collaboration. Doing business in Poland relies on relationships of trust and mutual benefit. Relationship building often involves informal get-togethers, eating and drinking, outside of the office. A sure 183 Europe and International Real Estate way to get to know business contacts better is to invite them out for lunch, a coffee break, or a beer at a pub. As the host, you should pick up the check although your guests may offer. Wait for your guests to bring up the subject of business and don’t be disappointed if they do not; you have still made progress in developing the relationship. Business is usually not conducted over breakfast or evening meals. Poles are rather intuitive decision-makers. Presentations should include factual information, backed with data, as well as information about you as a person, your experience, and provide a picture of the proposed business relationship. Maintaining eye contact helps to develop a feeling of trust. Because business and decisions follow hierarchy and protocol, first meetings are for getting acquainted, information sharing, and discussion. Do not expect decisions to be made during meetings unless a decision maker is present. Conservative, low key, tasteful, and modest are the key words for dressing for success in Poland. Appearances matter. Even if the accepted dress standard is business casual, as it is in some small- and medium-sized companies, clothing should always be in good condition and well pressed. Poles do not like ostentatious displays of wealth, so jewelry and accessories should be good quality, but modest. Beyond the Basics Sincere trust does not usually extend beyond the family circles. The family will usually take precedence over work. If invited to a home, bring a gift. Something representative of your culture is a good choice, but a bottle of wine or flowers for the hostess are good choices too; ask a florist for help in selecting appropriate blossoms. You will make a very good impression if you send a handwritten note the day after the occasion thanking your host and hostess for the invitation and complimenting the hospitality. Arrive on time for a formal occasion, but you can arrive up to a quarter of an hour late for an informal event, which allows time for unhurried preparation. Do not, however, be late by more than half an hour. Your host or hostess will indicate where to sit at the dinner table. Meals usually begin with toasts proposed by the host to everyone at the table. If you propose a toast it is important to maintain eye contact. Do not begin eating or drinking until the toasts are concluded and your host and hostess begin. Table manners are continental. During meals, you should keep elbows off the table but your hands should be visible. Conversation at the table should include everyone in the discussion, avoid conducting private conversations. 184 8. Country Profiles Making an effort to learn some basic Polish words is always appreciated and received as a friendly gesture. Time outside of work is for family and friends, so it would be inappropriate to call a business colleague after work hours. Poland is an intensely Roman Catholic country and Sundays are off limits for work too. Holidays January 1 New Year's Day Apr/May Easter Monday May 1 Labor Da May 3 National Day May 13 Ascension June 3 Corpus Christi August 15 Assumption November 1 All Saints Day November 11 Independence Day December 25–26 Christmas Key Contact Polish Real Estate Federation (PREF) Swietokrzyska 36,Suite 8, 5th floor 00-116 Warsaw Poland Phone: 48 22 654-58-69 Fax: 48 22 825-34-95 email: [email protected] www.pref.pl 185 Europe and International Real Estate Spain Spain shares the Iberian Peninsula, and a land border with Portugal. The Pyrenees Mountains define the northern land border separating Spain from France. The rest of Spain’s boundaries are formed by seas: the Mediterranean, Atlantic, and the Bay of Biscay. It shares the island of Gibraltar with the Britain, a small but contentious land dispute. Two small enclaves in Morocco give Spain the distinction of the only European country to share land borders with an African country. In addition to the mainland, Spanish territory includes the Canary Islands and Balearic Islands. The islands and Mediterranean coastline are favorite destinations for vacationers from the U.K. and Northern European countries. Until 2007, the Spanish economy racked up fifteen straight years of above average-GDP growth, making it the fifth largest economy in Europe. The economy, however, began losing buoyancy in 2007 and by 2008 slipped into a deep recession. The ingredients of the 2008 recession, from which Spain is struggling to emerge, included an over-heated real estate market, with almost a million new housing units on the market, significant decline in construction jobs, faltering consumer confidence, and declining export markets. Although conservative fiscal management sheltered the banking system from serious blows, high levels of exposure to construction and real estate loans are a significant source of risk. In 2010, unemployment in Spain was the highest of any European country, reaching almost 20 percent, largely as a result of the disintegration of the housing market. Economy Agriculture, 3.3% Spanish Economy Source: CIA Worldfactbook Industry, 26.8% Services, 70.0% 186 8. Country Profiles Spain’s industrial section produces textiles, apparel and footwear, processed foods, metals, chemicals, ships, automobiles, machine tools, ceramic products, pharmaceuticals, and medical equipment. Tourism is a major source of revenue, particularly for the coastal resort areas. Spain’s major trading partners are France, Germany, Portugal, Italy, and the U.K. A glut of new homes, estimated at more than one million units, weigh on Spain’s real estate market. Buyers from the U.K. are the largest percentage of foreign buyers, particularly for holiday homes on the Mediterranean coast, as well as buyers from the Netherlands, Scandinavia, and Eastern Europe. With the U.K. weathering its own economic downturn, the real estate market in Spain went into a steep decline and wiped out thousands of construction jobs. Foreign Ownership of Real Estate There are no restrictions for foreigners to buy and resell real property—residential, commercial, or land—in Spain. The purchase of a house is subject to a lower tax rate than land or commercial premises. New homes are subject to a 7 percent VAT and vacant land, commercial premises, and parking spaces are subject to 16 percent VAT; it can be more economical to buy land with an existing building on it than vacant land. All property owners are subject to a flat tax of 24% on gross rental income. A special annual 3% tax is levied on the cadastral value of real estate owned by non-residents and property owners are also liable to Net Wealth Tax and real estate tax levied by the municipal government. Nonresidents pay a flat rate of 18 percent capital gains tax. The government of Spain abolished real estate licensing laws in 2000. The industry is currently unregulated and licenses titled “API” (Agente Profesional Inmobiliario) are no longer valid but are recognized by the public as a high education standard for real estate. Doing Business in Spain The Spanish prefer to do business with those they know and trust. Therefore, it is important to take the time to develop a relationship before doing business. The quality of a person’s character is crucial to sustaining a business relationship. Loyalty is to the individual, not the company; relationships are between individuals and move if an individual moves to another company. Face-to-face communication is preferred and, in business, follows rules or protocol. Hierarchy and rank are respected. Spaniards prefer to deal with people of similar rank and you should try to do the same. You should, however, present yourself modestly without bragging about your company or your accomplishments. 187 Europe and International Real Estate Appointments are mandatory and should be made in advance. An appointment may be made by phone, but is best reconfirmed in writing. Arrive on time. First meetings tend to be formal in tone and are for the purpose of getting acquainted. You may supply an agenda of discussion items, but do not be surprised or distressed if the discussion wanders off the agents. Decisions are not made during meetings. Participants generally do not express opinions during a meeting, which makes observance of body language all the more important. Because decisions are made at the highest levels of a company, you may never meet the actual decision makers if they rank higher than you. When introduced, a handshake is appropriate along with the greeting for the time of day. Close friends may embrace; men may pat each other on the shoulder and use a two-handed shake, placing the left hand on the forearm of the other. Close women friends may kiss each other on both cheeks, left cheek first. Unless invited to proceed on a first-name basis, address business contacts as Mr. (Don) or Mrs. (Dona) along with surname. Saving face is important and Spaniards do not like to publicly admit error. Consequently, they will not always admit to not understanding something. Agreements usually originate from an oral understanding before being captured in detail in a written contract. Expect your Spanish colleague to study all details of a contract and strictly adhere to its terms. Beyond the Basics The family, nuclear and extended, is the basic social structure in Spain. However, as families have become smaller, the traditional networks have somewhat loosened. Nepotism is acceptable, but it is less common today for individuals, particularly those with university degrees, to work in a family business Spain is an intensely Roman Catholic country and many of its traditions, observances, and cultural events are anchored in Christian tradition. If invited to a Spanish home, you should bring a gift for the hostess; good quality chocolates, pastries, wine or spirits, or flowers are all appropriate gifts. A small gift for children in the home is an appreciated gesture, too. When invited to the dining table, remain standing until the hostess indicates where you should sit. Table manners are continental with both hands visible when eating. Do not begin eating until the hostess begins. Utensils are used to consume almost all foods; even fruits are eaten using a knife and fork. At the beginning the meal, the host usually gives the first toast and the guest of honor should return the toast later in the meal. 188 8. Country Profiles One of the most intense rivalries in the world of sports is between the football teams of Barcelona and Madrid. This intense rivalry spills over into other areas of life too. Therefore, it is best to avoid making any comparisons between the two cities. Holidays January 1 New Year's Day January 6 Epiphany March 19 San Jose Apr/May Maundy Thursday, Good Friday May 1 Labor Day August 15 Assumption October 12 National Day November 1 All Saints' Day December 6 Constitution Day December 8 Immaculate Conception December 25 Christmas Key Contact Asociacion Empresarial Gestion Inmobiliaria (AEGI) Lopez de Aranda, 35 28027 Madrid Spain Phone: 34-91-320-8070 Email: [email protected] www.aegi,org 189 Europe and International Real Estate United Kingdom The United Kingdom encompasses four distinct component regions: England, Wales, Scotland, and Northern Ireland (sometimes referred to by its historic provincial name of Ulster). Although, any citizen of the U.K. may be referred to as British, only people from England are referred to as English. Each of the four component regions maintains a strong sense of nationalistic identity. Through a process of devolution, Scotland, Wales, and Northern Ireland have achieved a degree of home rule. Each has its own legislative and executive bodies but there is a wide variation in the extent of powers of the devolved governments. Perhaps the most distinct is Scotland which has its own systems of law, education, local government, and state church, the Church of Scotland. The United Kingdom's population totals 66.2 million which makes it the second largest country, after Germany, in the EU. It is also one of the most densely populated countries in Europe with more than a third of the population concentrated in the southeastern sector. London alone is home to 7.5 million people and ranks as the largest city in Europe. The United Kingdom is as island nation sharing a short land border only with Ireland. Surrounding waters, the Atlantic, North Sea, Irish Sea, and English Channel, create its temperate climate and cloudy skies (more than half the days of the year). The terrain of the U.K. varies from craggy hills and low mountains in the north, especially the Scottish Highlands and the England’s Lake District, to the rolling hills and plains of the southeast. Because of the deeply inset coastline, the farthest distance from any point in England to the coast is only 150 kilometers. Some of England’s landmarks are also Europe’s most recognizable sites, such as Stonehenge, cliffs of Dover, Tower Bridge, Big Ben, and Buckingham Palace. Although it is an island high-speed rail service through the undersea Channel Tunnel, or Chunnel, connects it to the continent. The Chunnel runs through Folkestone in southeastern England to Calais on the French coast. High speed Eurostar trains carry passengers from London and Paris in 2 hours, 15 minutes via the Chunnel. The undersea portion of the rail journey lasts about 20 minutes. Special shuttle trains, Le Shuttle, carry cars and Lorries (semitrailer trucks). 190 8. Country Profiles Colonies and Overseas Territories The land area of the United Kingdom is slightly smaller than the U.S. state of Oregon, but British territory once circled the globe and hence the saying that “the sun never sets on the British Empire.” In the United States and throughout Europe, grammar school students during the ‘50s and ‘60s remember well the map of the British Empire with one fifth of the world’s countries highlighted in red. The British Empire reached its zenith during the long reign of Queen Victoria (1837–1901). Its far-flung colonies enriched the United Kingdom, produced a period of tremendous economic prosperity and industrial development as well as accumulation of national and personal wealth, and provided an influential position in world affairs. The gradual loosening of the imperial ties, and transition from tightly held colonies to the loosely joined Commonwealth, began between the two World Wars with independence for Australia, Canada, and New Zealand; these countries became the first members of the British Commonwealth of Nations. India and Pakistan gained independence in 1947, and in 1948 the modern state of Israel was created out of the former British protectorate of Palestine. Within the next decade the British Empire was almost completely dissolved and most of the former colonies became members of the Commonwealth, as it is now know, headed by England’s Queen Elizabeth. About a dozen islands scattered through the Caribbean, Pacific, and southern Atlantic continue close ties with England as British Overseas Territories; these include Bermuda, Cayman Islands, Falkland Islands, and Pitcairn to name a few. The islands of Jersey and Guernsey and the Isle of Man are Crown Dependencies. Economy The U.K. is part of the European Union but is not a member of the euro currency union. The Bank of England, however, does coordinate interest rate moves with the European Central Bank. The U.K. is one of five trillion-dollar European Union economies (Germany, France, Italy, and Spain are the others) ranking second only to Germany. Services, particularly banking and financial services, make up 80 percent of the economy. Although the agricultural sector is quite small, (less than 2 percent of the GDP and labor force) it is remarkably productive and provides more than half of food needs. Because of the emphasis on financial services, the U.K. economy took a very hard hit during the in global economic slowdown. In the U.K., the crisis played out in high levels of consumer debt, bank runs, a credit freeze, growing unemployment, and sharply declining home values. 191 Europe and International Real Estate United Kingdom Economy Agriculture, Source: CIA Worldfactbook 1.4% Industry, 18.2% Services, 80.4% The United States and the United Kingdom share the world's largest foreign direct investment partnership. U.S. investment in the United Kingdom reached $421 billion in 2008, while U.K. direct investment in the U.S. totaled $454 billion. This investment sustains more than one million American jobs. The U.S. is also the leading trade partner of the U.K., accounting for close to 15 percent of exports. It is hoped that the flagging economy will receive a boost from preparing for the 2012 Olympic Games. Infrastructure improvement plans include refurbishment of London’s public transportation system and redevelopment of East London, a former industrial area. Foreign Ownership of Real Estate Real estate professionals and brokers, known as estate agents, are not licensed but the National Association of Estate Agents (NAEA) requires completion of various levels of real estate certification (diploma) programs as membership qualifications. There are no restrictions or barriers for foreign ownership of U.K. real estate. The process of acquiring real property involves the following basic steps. The process begins with making an offer through the estate agent. The offer is not a legally binding on either the buyer or seller, except in Scotland where offers are legally binding. It is not uncommon for an offer to be withdrawn; the seller is free to accept a better offer, known as gazumping, before the deal progresses to the contract stage. The next step in the process is arranging for the legal transfer of the property, known as conveyancing. Between the offer and conveyancing stage is the time to arrange for property inspections, or surveys. Conveyancing proceeds through the attorneys (solicitors) for the buyer 192 8. Country Profiles and seller who prepare a draft contract setting forth the price, terms of the transaction, and information about the seller’s deeds of title. The requirement for the seller to provide a Home Information Pack (HIP) was suspended in May, 2010 but an energy performance certificate is still required. When both buyer and seller have agreed, through their attorneys, on the terms of the transactions, a final contract is signed and the buyer makes a deposit, usually 10 percent. Both parties are now legally bound to go through with the transaction. A date is set for transfer of the title to complete the sale. Between the contract signing and title transfer, arrangements are made to record the transfer with the Land Registry and pay the stamp duty and other fees. The transaction is completed by signing a transfer document and arranging payment to the seller. The U.K. housing market is chronically undersupplied and consequently high priced. In the precrises years, it was fairly common for young couples to purchase a home abroad, in Spain or the United States, in order to build enough equity to eventually purchase a U.K. home. A stagnated pace of homebuilding, aging housing stock, and accumulated pent-up demand keep prices high. Nevertheless, the global economic crisis hit the housing section hard. In London and its environs, the U.K.’s bellwether market, house prices fell by more than 20 percent in 2008–09. Price declines in Northern Ireland dropped by 40 percent, and up to 17 percent in Scotland. Doing Business in the U.K When introduced, a handshake with eye contact is appropriate. Other touching such as back pats, hugs, and air kisses are inappropriate. The British tend to maintain a wide social distance and direct eye contact is minimal. When making introductions, a younger person is introduced to an elder and a junior colleague is introduced to a senior; when introducing people of equal age or seniority, introduce the person you know best to the other. Courtesy titles—Mr. or Ms.—are used along with last names unless invited to proceed on a first-name basis. Business cards are exchanged without ritual. Arrive on time for meetings and appointments; the Scots in particular are sticklers for punctuality. Meetings involving colleagues of equal rank tend to be open discussions; when present, a senior or high-ranking participant usually leads the discussion. The English in particular tend to be masters of understatement although they can be quite candid and direct. When making a presentation, persuade with objective facts and solid 193 Europe and International Real Estate evidence and avoid a hard-sell approach. Although not needed to conduct business, the British like to develop long-term business relationships. A business appointment may include a visit to the pub for a light meal and a pint. It is common practice to pay for a round of drinks for everyone in the group. Beyond the Basics Multiculturalism in the U.K. reflects the colonial history of the British Empire with threads from India, the Middle East, Caribbean, Asia, and other countries woven into the modern social fabric. Cultural background may greatly influence personal behavior but, like in the United States, first and second generation children of immigrants tend to bridge the cultures. Both personal and business behavior is quite conservative, reserved, and formal. The British are extremely guarded of their personal privacy and even friends may avoid discussions of personal or family matters. There is a long-standing tradition of “keeping a stiff upper lip” in the face of adversity or embarrassment. Observance of proper protocol is a core value for the British. Although the old system of social classes is increasingly an anachronism, it is still present and observed in subtle ways. Younger generations may, however, be more relaxed about protocol and informal in demeanor and interpersonal interactions. Avoid the use of slang expressions and gestures which will likely be perceived as too familiar. An extremely rude gesture to avoid is the two-finger “V” for victory sign with the palm facing inward. Holidays January 1 New Year’s Day March 17 St. Patrick’s Day (Northern Ireland Only) Apr/May Good Friday, Easter Monday (except Scotland) May, 1st Monday Bank Holiday May, Last Monday Bank Holiday July 12 Orangemen’s Day (Northern Ireland Only) August, last Monday Bank Holiday (except Scotland) November 30 St. Andrew’s Day (Scotland Only) December 25-26 Christmas and Boxing Day 194 8. Country Profiles Key Contact National Association of Estate Agents (NAEA) Arbon House 6 Tournament Court, Edgehill Drive , Warwick, Warwickshire, CV34 6LG United Kingdom Phone: 0844 387 0555 [email protected] www.naea.co.uk 195 Europe and International Real Estate Resources 196 Resources Web Sites NAR Web Sites National Association of REALORS® Global www.Realtor.org/global Realtor.com (U.S. real properties) wwww.realtor.com World Properties www.worldproperties.com FIABCI World Congress www.fiabci.com European Union Web Sites European Union Gateway www.Europa.eu SALTO-YOUTH (Support for Advanced Training and Learning Opportunities within the YOUTH) www.SALTO-Youth.net Black Sea Forum www.blackseaforum.org CEREAN Conference www.cereanconference.com Central Bank of Germany www.bundesbank.de Collective Security Treaty Organization www.dkb.gov.ru Council of Europe www.coe.int Entrepreneur and Business Gateway www.invest-in-germany.de EU Eastern Partnership and Civil Society Forum www.eeas.europa.eu/eastern/civil_society Eurasian Economic Community www.eurasianhome.org European Free Trade Association www.efta.int/eea International Web Sites Association of Foreign Investors in Real Estate www.afire.org Association of German Chamber of Industry and Commerce www.dihlc.de Barcelona Meeting Point www.bmpsa.com Benelux www.bwnwlux.be European Mortgage Federation www.hypo.org European Property Indicators King Sturge Research www.kingsturge.com Expo Real www.exporeal.net Federal Republic of Germany www.deutschland.de 197 Europe and International Real Estate Federal Statistical Office www.destatis.de Global Property Guide www.globalpropertyguide.com Federal Tax Office of Germany Foreign investors help desk www.germantaxes.info INSEE-Notaires Index www.insee.fr FNAIM Index Federation Nationale de l'Immobilier www.fnaim.fr. Jones Lang LaSalle www.joneslanglasalle.ru NATO www.nato.int Gateway to basic information about foreign trade and investment www.german-business-portal.info Transport Corridor Europe-Caucasus-Asia www.traceca-programme.eu Gateway to the German real estate market www.germany-re.com MIPIM Europe www.mipim.com German Office for Foreign Trade www.bfai.de RECon Global Retail Real Estate Convention www.icsc.org Russian Ministry of Economic Development www.economy.gov.ru/wps/wcm/connect/e conomylib4/en/home SIMA www.simaexpo.com 198 Resources Major Newspapers Online International International Herald Tribune http://global.nytimes.come Spain El Pais www.elpais.com/global Financial Times www.ft.com Ireland Irish Times www.irishtimes.com BBC News www.bbc.co.uk/news Germany Der Spiegel Online International www.speigel.de/international United Kingdom The Times www.timetimes.co.uk France Le Monde www.lemonde.fr/international Italy La Stampa www.lastampa.it Greece Ekathimerini www.ekathimerini.com Poland Warsaw Voice www.sarsawvoice.pl Hungary The Budapest Times www.budapesttimes.hu Russia Pravda http://english.pravda.ru 199 Resources Economic Rankings by GDP US $ GDP Germany United Kingdom Russia France Italy Spain Turkey Poland Netherlands Belgium Greece Sweden Austria Switzerland Ukraine Norway Romania Czech Republic Portugal Denmark Hungary Finland Ireland Slovakia Bulgaria Latvia Source: CIA Worldfactbook 200 2,810, 000,000,000 2,128, 000,000,000 2,100,000,000,000 2,097,000,000,000 1,739,000,000,000 1,302,000,000,000 875,000,000,000 689,000,000,000 660,000,000,000 383,000,000,000 338,400,000,000 331,400,000,000 321,800,000,000 314,700,000,000 290,100,000,000 267,500,000,000 254,700,000,000 254,100,000,000 232,600,000,000 197,800,000,000 186,000,000,000 178,800,000,000 172,500,000,000 115,700,000,000 90,100,000,000 32,220,000,000 US $ GDP European Union United States China Japan India Brazil South Korea Canada 14,430,000,000,000 14,140,000,000,000 8,748,000,000,000 4,150,000,000,000 3,570,000,000,000 2,013,000,000,000 1,364,000,000,000 735,000,000,000 Resources Post-WWII Economic Organizations 1948 General Agreement on Tariffs and Trade 1947-1951 Marshall Plan 1995 World Trade Organization 1948 Organization for European Economic Development (OEED) 1961 Organization for Economic Cooperation and Development (OECD) Development of the European Union 1951 European Coal and Steel Cooperative: Belgium, France, W. Germany, Italy, Luxembourg, Netherlands 1951 Euratom 1957: ECSC becomes European Economic Community (EEC) The 6 1967 EEC becomes European Community (EC) Belgium, France, W. Germany, Italy, Luxembourg, Netherlands The 9 1971: U.K., Ireland, and Denmark join EC 1981: Greece joins EC The 12 1986: Spain and Portugal join EC 1993: EC becomes European Union (EU) 15 EU Members 1995: Austria, Finland,and Sweden join EU 2002: European Monetary Union—Euro 25 EU Members 2004: 10 new EU members: Cyprus, Malta, Hungary, Poland, Slovakia, Latvia, Estonia, Ukraine, Czech Republic, and Slovenia 27 EU Members 2007: Bulgaria and Romania join EU 201 Resources Interpreting Country Assessment Model Data Geography Knowledge of a country’s geography provides a context for understanding the structure of the market. Locations of major cities, capitals, ports, industrial areas, and resort areas usually coincide with the most active real estate markets and largest population centers. Divisions of a country into states, provinces, or administrative districts can indicate an organized approach to regulation and governance and development of civic institutions. The day-to-day governance of the country, however, must be examined to determine if administrative structures delegate regulatory authority to local governments or facilitate centralized control. Knowledge of climate, terrain, coastlines, and borders helps the researcher understand how the natural world shapes the way of life as well as the economy and business. For example, India’s monsoon season is a closely watched economic indicator; Mexico’s miles of coastline offer development opportunities for shipping facilities, such as the Punta Colonet port project and Fonatur resort destinations. In most cases, bordering countries are likely trading partners. Natural resources create and sustain a country’s wealth. A country poor in natural resources is import-dependent for resources such as the minerals necessary for modern industrial development. A country must, however, have the ability to access and use or export natural resources in order to create wealth; for example, the 202 Central African Republic possesses rich mineral deposits but ranks as one of the world’s least-developed countries, with most of the population engaged in subsistence farming. Favorable Characteristics Several population centers with a variety of industrial, commercial, housing, and resort development Tourism Provincial or state administrative organization Borders with friendly trading partners Accessible natural resources Signatory to environment agreements Real Estate The real estate market’s size indicates both the volume and variety of transactions and the potential commission income. In the rental market, vacancy rates quantify the balance between supply and demand. Thus, increasing rents and decreasing vacancy rates indicate a landlord’s market. Lease terms also provide important comparison data. Notary fees, commissions, stamp duties, land registration fees, transfer taxes, acquisition taxes, and value-added taxes all add to the cost of acquiring a property in a particular market. These costs vary widely between countries, states or provinces, and cities. Favorable Characteristics Rational land use regulations Accessible and reliable property title records Resources Market support: title, finance, property management, construction, insurance, engineering, architectural, appraisal, and brokerage Laws favoring private property rights and unrestricted ownership Balanced landlord-tenant laws and leasing terms Availability of affordable financing Good investment returns and value appreciation trends Market name recognition Availability of investment-grade properties Balanced leasing absorption and occupancy rates Competitive capitalization rates Real estate agents’ professionalism and licensing Demographics Population growth drives demand for real estate, particularly for residential properties. Most economists, however, consider a growth rate of more than 2–3 percent too rapid for sustainable development. Population density influences the makeup of an economy and the types of real estate properties that serve it. Aging rates impact housing demand, too. A young population correlates to demand for housing, schools, retail, and jobs. Conversely, an aging population usually means less demand for all types of real estate. For example, South Korea, one of the world’s oldest populations, has a median age of 36 years: the Global Property Guide projects that by 2012 the ratio of households to housing units in Korea will be 100 to 116.32 The size and composition of the labor force indicate the market’s attractiveness to foreign companies who hire local workers. The unemployment rate reveals an economy's actual compared to potential output. Distribution of the labor force among industry, agriculture, and services in comparison to productivity is another signal of economic balance. For example, the 60 percent of India’s labor force employed in agriculture produces only 17 percent of the country’s GDP; by contrast the service section employs 28 percent of the labor force and produces 54 percent of the GDP. Favorable Characteristics Sustainable population growth rate of 1–3 percent and a young population Reasonable consumption-to-savings ratio and increasing per capita income An educated, skilled workforce and high rates of literacy Job creation rate proportionate to population growth Low levels of unemployment and underemployment Government The powers, attitudes, structures, and stability of a government can determine the success or failure of the economy. Democracy, open markets, structural stability, tax incentives, and rational regulation are positive characteristics. Membership in trade agreements and alliances denotes a cooperative approach to international trade and foreign investment. 32 Global Property Guide, www.globalpropertyguide.com. 203 Resources A strong central government can be a benefit or a hindrance. Laws and regulations that emanate from a strong central government create country-wide standards, although implementation at provincial and local levels can be uneven. On the other hand, centralized regulation allows little adaptation to local conditions. Favorable Characteristics Laws that preserve free markets and allow foreign-owned assets Few restrictions on ownership, capital flow, wages, and prices Anti-inflationary monetary policies Conservative fiscal policy and balanced budget Reasonable tax laws and rates on income, gains, sales, imports/exports, and corporations, for both domestic and foreign taxpayers Promotion of trade agreements and alliances History of stability Few government subsidies or tariffs Economy and Business A country’s economic philosophy shapes its business environment. Business, however, needs adequate infrastructure— communication systems, banking, corporate structures, and distribution systems—to support its functions. A survey of base industries, level of development, and the untapped potential indicate competitive standing in world markets. Ultimately, the resources, products, and industries of an economy describe its unique character and convey its level of advancement. 204 Inflation rates, including historical periods of recession or hyperinflation, measure the loss or gain of consumer purchasing power. Exchange rate trends show economic performance compared to other countries. Developed economies have a mix of advanced manufacturing, agriculture, services, technology, and communications. Less developed economies, on the other hand, tend to have a large portion of the workforce engaged in agriculture and laborintensive industries. Exports indicate the economy’s strengths and base industries. Imports point to the country’s shortcomings, needs, and wants. Trading partners can reveal the country’s economic alliances and dependencies. A positive trade balance between imports and exports means the production of exports outpaces the cost of imports. Favorable Characteristics Internationally traded currency Stable banking system and oversight of the money supply Stable or strengthening exchange rates values Steady growth of GDP Positive trade balance Existing foreign investment History of consistently low inflation rates Stable, competitive base industries, services, and distribution systems Availability of competent management Technological advancement Developed business infrastructure including communication systems and corporate structures Resources Infrastructure A country cannot easily sustain economic growth in the absence of essential infrastructure. Favorable Characteristics Civic institutions, colleges, universities, hospitals, and medical facilities Reliable (and operating below capacity) water, power, and waste disposal systems Adequate supply of potable water Paved roads and highways Reliable transportation systems for people and goods Beyond the Basics A country’s ethnicities, languages, religions, traditions, and history create its unique identity. Understanding a nation’s culture facilitates working with its people. Favorable Characteristics Favorable cultural attitudes toward business, industry, and trade Informed views of world events, other nationalities, and cultures Religious and cultural norms that do not preclude open trade with other countries Women’s rights Cooperation, mutual respect, and harmonious relations between ethnic and religious groups 205