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Download the file - United Nations Rule of Law

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Figure 4 Regulatory Environment and InformalityGreater ease <strong>of</strong> doing business is associated with less formalityInformal sector (share <strong>of</strong> GDP)HigherImplied cut in <strong>the</strong> informal sector from improving to<strong>the</strong> top on ease <strong>of</strong> doing business40%30%20%}Implied cutImpliedshare aftercutLower10%Least difficultMost difficultCountries ranked by ease <strong>of</strong> doing business, quintilesLeast difficultNote: Relationships are significant at 1% level and remain significant when controlling for income per capita.Source: World Bank (2005)Most difficulttion costs on businesses. In addition, <strong>the</strong> directcost <strong>of</strong> payments, such as licensing fees, alsorepresents a significant cost <strong>of</strong> doing business.Conversely, payments made to avoid detection<strong>of</strong> non-compliance, or pay<strong>of</strong>fs to government <strong>of</strong>ficialsare <strong>the</strong> costs <strong>of</strong> operating in <strong>the</strong> informalsector. The regulations imposed on business fallinto several categories. Some regulations governingbusiness start-up raise <strong>the</strong> costs <strong>of</strong> entering<strong>the</strong> formal sector, o<strong>the</strong>rs govern ongoing businessactivity, and additional regulations are dictated by<strong>the</strong> central authority or by regional or municipalgovernments. Fur<strong>the</strong>rmore, small businesses facegovernment-imposed costs in <strong>the</strong> areas <strong>of</strong> labourpractices, payroll charges, health and safety standards,taxation, and foreign trade.Governance Issues: In many developing countries,corruption and rent-seeking reduce informationflows and weaken contract enforcement, reducingeconomic activity, especially foreign investment.Every major study on barriers to formalisation andindeed on barriers to growth generally, refers to<strong>the</strong> problem <strong>of</strong> corruption.Often it is not <strong>the</strong> financial cost itself thatcreates <strong>the</strong> largest transaction cost obstacleto setting up a small business, but ra<strong>the</strong>r <strong>the</strong>time and energy required to navigate <strong>the</strong> bureaucraticmaze, along with <strong>the</strong> opportunity costsinvolved. A well-known example was provided byHernando de Soto when he measured <strong>the</strong> cost <strong>of</strong>establishing a small garment manufacturing enterprisein Lima, Peru. He found that it requiredmany different steps over an extended period<strong>of</strong> time to set up a small formal manufacturingcompany. 60 Although Peru has substantially reformedand simplified <strong>the</strong> process <strong>of</strong> setting upa small business, de Soto’s overall conclusionsremain as valid for many o<strong>the</strong>r Latin Americancountries today as <strong>the</strong>y did in Peru in <strong>the</strong> late1980s. This is why entrepreneurs frequentlyresort to bribes or pr<strong>of</strong>essional ‘fixers’ in order toexpedite <strong>the</strong> registration and licensing process.Fixers’ fees to establish a company range fromUS$600 to US$800 to establish a company inmost Latin American countries; <strong>the</strong>y rise quitesharply as <strong>the</strong> size <strong>of</strong> <strong>the</strong> firm increases.225

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