When will investors arrive, and what will they invest in: the “What’s up with the economy?” podcast with Serhii Budkin

During wartime, the share of state ownership in the economy always increases, allowing governments to more effectively manage resources and meet the needs of society. However, in Ukraine, this indicator exceeds even the high levels seen during World War II, such as in the United Kingdom. After the nationalization of Sens Bank, the government’s share in the banking sector stands at 53%.

However, there can be a positive aspect to the dominance of state-owned banks, and that is the development of innovation. Under normal circumstances, the banking sector is highly competitive, and when an innovation (such as Monobank) enters the market, it is quickly copied. As a result, small innovative projects often don’t have a chance to grow into profitability. When large banks are state-owned, they tend to be somewhat relaxed, allowing small innovative projects an opportunity to “gain traction” before they are noticed.

Furthermore, if in the lending market, private banks are unlikely to compete with state-owned ones, in the business lending sector, especially for SMEs, they have a competitive advantage.

About the main obstacle to investment

Over the past 20 years, there has been little change in terms of property rights protection in Ukraine. This is the main problem that restricts access to credit resources.

In Ukraine, you can only be creditworthy if you (alone or with your friends) own your business 100%, unlike countries like the Czech Republic, Slovakia, and Poland, where you can have 100 shareholders, a shareholder agreement among them, a board of directors, and so on. In Ukraine, shareholder agreements and corporate governance are mandated by law but not effectively implemented in practice. Therefore, we have a relatively low complexity in the corporate sector and, consequently, limited opportunities for both lending and investments.

The main problem faced by those developing recovery programs for Ukraine is quite simple. It’s not about where to find the money, as there will be plenty of funds available. The question is where to invest them because there simply aren’t enough investment opportunities. In Ukraine, it’s not possible to invest in 5% or 10% of a company. By making such an investment, in practice, you won’t gain anything because minority shareholders are not adequately protected. This lack of investment opportunities and protection for minority shareholders hinders the effective allocation of resources and investment in the country.

About the impact of the tax system on investment

Countries that receive the most investments often do not have the world’s best tax regimes, such as the United States, China, and Brazil. Therefore, high taxes are not necessarily the problem.

The first issue is competition inequality. If everyone is underreporting taxes, then if I pay taxes, I will definitely be non-competitive. The second issue is the risks associated with the state since any enterprise that demonstrates reasonably good financial results is likely to face inspections from tax authorities, the ESBU, or other government agencies. 

About the privatization of banks after the war

For a successful privatization, it’s necessary to address “legacy issues,” meaning the issues inherited by banks from their previous owners. The simplest example is PrivatBank, which constitutes 25% of Ukraine’s banking sector and, by some parameters, even more. The state has declared its intention to privatize this bank. However, as long as issues with Kolomoisky and other former shareholders are unresolved, privatizing it is impossible.

The likelihood of privatizing UkrEximBank is nearly zero because banks like these are extremely difficult to privatize. It has so much state-related risk on its balance sheet (loans to state-owned companies) that it can only be sold to someone with political ambitions for using these assets. From a banking business perspective, these loans do not hold significant value, and consequently, the bank’s value is low.

In the modern banking market, large retail businesses are most highly valued. Following them are small and medium-sized businesses since the risk associated with them is diversified and can be forecasted based on statistics rather than political decisions. Only after considering these options do investors look at large corporate projects. 

About the privatization of state-owned companies

It’s best to actively prepare for privatization after the war ends so that, amidst the general enthusiasm and uplift, auctions can be immediately held. When everyone is talking about the country’s recovery, assets will be worth much more than when the narrative is that everything is bad, nothing is working, there’s corruption, and why invest money there at all. Such assessments significantly influence investors’ willingness.

To facilitate this, a change in the approach of the State Property Fund is necessary. Its primary function should be to maximize the sale of state-owned assets. The SPF should be motivated to sell these assets at the highest possible prices. It should function as a normal state investment bank that sustains itself through the proceeds generated from asset sales rather than relying on budget funds. 

About investors’ attention towards the real sector

There are three major groups of companies closely monitoring Ukraine today.

The first group are construction companies. There are many of these companies, and to put it simply, they want to know when large-scale construction projects funded by the European Union will begin. They are highly interested in knowing in advance what will be done and when so they can plan and seek subcontractors.

The second category comprises manufacturers of construction-related goods, such as cement, plaster, wooden products, and windows (during Ukraine’s reconstruction, there will likely be a demand for at least a million new windows – a significant volume). Most of these products are not transported over long distances. For example, cement, like many basic materials, is produced on-site. Glass can be transported, but it’s often more cost-effective to manufacture it locally. Many of these companies are not yet ready to invest and are waiting for the war to end. However, some are already prepared to come in, and we can expect non-public investments in 2024 (likely not publicly announced to avoid attracting unwanted Russian Shahed attacks).

The third category includes agricultural enterprises and agro-processing businesses. In the last 3-4 years, this has been a relatively high-margin business. For instance, it takes 20-25 kg of wheat to produce 1 kg of chicken meat. Exporting 1 kg of chicken meat is much easier than transporting 20-25 kg of wheat. Plus, from a security standpoint, when we’re talking about hectares of land far from the frontlines, the losses from a potential Shahed attack are generally lower compared to industrial enterprises.

Source – https://voxukraine.org/en/when-will-investors-arrive-and-what-will-they-invest-in-the-whats-up-with-the-economy-podcast-with-serhii-budkin

Work plan upon the project of infrastructure renewal in Odesa Region 

Recovery Ukraine project has been launched in Interlegal nearly a year ago. As an Ukrainian company, we have faced the current events very hard, and we are doing all the best efforts to make Ukraine bloom even brighter after our victory. 

In the framework of such project, our team has held meetings aimed to discuss potential investments into restoration of our motherland. 

Let us share news about such a meeting. 

On October 26, 2023, Interlegal associate attorney Dmytro Ochkolias jointly with Japanese colleagues (Padeco) held a meeting with Mustafa Naiem, Director of the State Agency for Reconstruction and Development of Ukraine’s Infrastructure. The discussion concerned work plan upon the project of infrastructure renewal in Odesa Region. 

State Agency supported the urgency and the need to implement projects whereon we worked. Next stages will concern prefeasibility study, feasibility study and implementation of infrastructure project itself (i.e. construction). 

We have been cooperating with Padeco and other international consultants (Royal HaskoningDHV, MTBS) upon the issues of construction, development and restoration of infrastructure, in particular, shipping complexes wherein Ukraine and international financial institutions (EBRD, World Bank, IFC, JICA etc.) are concerned. 

We express gratitude to Padeco and Mustafa Naiem for effective cooperation: it’s just start but a significant step. 

If you have any ideas or if you wish to join our investment projects upon recovery of Ukraine – you’ll have a nice meeting with Interlegal partners Arthur Nitsevych and Artem Skorobogatov and associate attorney Dmytro Ochkolias. 

European Parliament greenlights €50 bln Ukraine Facility

Members of the European Parliament at a plenary session in Strasbourg today, October 17, supported the committee’s proposals for the creation of the Ukraine Facility, according to the European Parliament’s press release.

In a vote, Parliament improved and endorsed a proposal for a €50 billion facility to support Ukraine’s recovery, reconstruction, and modernization for 2024-2027.

It was adopted with 512 votes in favor, 45 against, and 63 abstentions, with “MEPs making the Facility more democratically accountable, encouraging multiparty democracy and Ukraine’s alignment with the requirements for EU accession.”

Why is it necessary

The Ukraine Facility is part of the ongoing revision of the EU’s long-term budget, for which adjustments are needed, as “it has been severely depleted following the multiple crises that have occurred since 2021.”

MEPs insist that the Facility, along with the entire budgetary revision, should be agreed as soon as possible, as there will be no provisions for assistance to Ukraine from 2024. The package should be integrated also into next year’s annual budget, to be negotiated in November.

Ukraine Facility

On 20 June 2023, the Commission proposed to set up a dedicated Ukraine Facility, with up to €50 billion for the period from 2024 to 2027 in the form of grants and loans.

The facility will replace the bilateral support currently provided by the EU under the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI) and the €18 billion MFA+ program, which will run out at the end of 2023.

It will integrate the support Ukraine would have received under the Instrument for Pre-accession Assistance (IPA).

EU financial aid

In June, the President of the European Commission, Ursula von der Leyen, announced the allocation of financial aid of approximately €50 billion for Ukraine.

Later, the EU Council for Economic and Financial Affairs considered the proposals of the EC to review the EU’s multi-year budget for 2024-2027, which includes the establishment of the Ukraine Facility with a budget of €50 billion.

To obtain this funding, Ukraine must present a recovery plan consisting of investment directions and the implementation of reforms, including transformations related to Ukraine’s integration into the EU.

On October 3, the European Parliament approved the review of the EU budget for 2021-2027, which includes provisions to create a special Ukraine Facility with €50 billion.

Source – RBC-Ukraine

Denmark will open an office in Mykolaiv, which will be involved in reconstruction 

This week, a new office of the Danish representation will start operating in Mykolaiv, Ukraine, which has taken on the responsibility of reconstruction efforts in the region affected by Russia’s aggression. 

Danish Minister of Foreign Affairs Lars Løkke Rasmussen made this announcement while speaking to journalists in Kyiv on Monday before an informal meeting of EU foreign ministers. 

“We will open a new embassy office in Mykolaiv. At the request of President Zelensky, we have taken on special responsibility for the reconstruction of Mykolaiv and this specific region,” he stated. 

The minister noted that the new office of the Danish diplomatic mission will start its work in Mykolaiv later this week. 

“I hope this meeting will demonstrate strong support for Ukraine’s legitimate struggle for freedom and the full return of its territories,” the minister added while commenting on the meeting of EU foreign ministers in Kyiv, which took place outside the EU for the first time. 

Denmark and the Mykolaiv region signed a memorandum on reconstruction in March of this year. 

Denmark will open an office in Mykolaiv, which will be involved in reconstruction 

This week, a new office of the Danish representation will start operating in Mykolaiv, Ukraine, which has taken on the responsibility of reconstruction efforts in the region affected by Russia’s aggression. 

Danish Minister of Foreign Affairs Lars Løkke Rasmussen made this announcement while speaking to journalists in Kyiv on Monday before an informal meeting of EU foreign ministers. 

“We will open a new embassy office in Mykolaiv. At the request of President Zelensky, we have taken on special responsibility for the reconstruction of Mykolaiv and this specific region,” he stated. 

The minister noted that the new office of the Danish diplomatic mission will start its work in Mykolaiv later this week. 

“I hope this meeting will demonstrate strong support for Ukraine’s legitimate struggle for freedom and the full return of its territories,” the minister added while commenting on the meeting of EU foreign ministers in Kyiv, which took place outside the EU for the first time. 

Denmark and the Mykolaiv region signed a memorandum on reconstruction in March of this year. 

Source – The Odessa Journal

The World Bank insured the first private investor in Ukraine against war risks 

The Multilateral Investment Guarantee Agency of the World Bank (MIGA) provided the first investment guarantee for private investors of Ukraine, as reported by press service of the Ministry of Finance. 

The Ministry explains, MIGA guarantee gives an important signal to international investors regarding activation of war risk insurance in Ukraine. 

Insurance amounting up to $9.1 million was provided for the M10 Industrial Park project in Lviv owned by UIPH, the majority shareholder of Dragon Capital. 

The guarantee is provided for financing construction and operation of the warehouse complex and related infrastructure in the M10 industrial park. The insurance covers war risks for the period of 10 years. 

Yulia Svyrydenko, the Minister of Economy, comments, “Many Ukrainian and foreign companies will be able to submit the bids and to receive new guarantees”. 

  • On April 18, 2023, Japan was the first to contribute costs to cover war risks when investing in Ukraine. 
  • On June 21, the German bank increased its insurance guarantees for war risks in Ukraine. 
  • On August 7, Germany extended guarantees to its companies investing in Ukraine. 

Source – Finance.liga.net

Expansion of Solidarity Pathways: EU granted Ukraine direct access to funding

 The European Union allowed Ukraine to independently submit applications for financing infrastructure projects related to expansion of the main export routes (so-called Solidarity Routes, as reported by the Recovery Agency press service. 

Previously Ukraine could receive funds from the EU for modernization of Solidarity Pathways only by means of participation in the project of one of the EU member states. 

Adina-Ioana Vălean, the EU Transport Commissioner, explains, “For the first time, Ukraine will be able to apply for financing of infrastructure projects along the Solidarity Pathways without the need for EU partners. It can do this independently as an equal partner within the Connecting Europe Facility (CEF). Ukraine can apply on the same grounds as any other EU member state”. She adds that such new opportunities also apply to Moldova. 

Back in May 2022, the European Commission published a set of measures under the Solidarity Pathways initiative which include, inter alia, providibg to checkpoints equipment and other technical facilities and updating maps of the Trans-European Transport Network (TEN-T). 

In June 2023, Ukraine signed an agreement with the EU on participation in the CEF program, which allowed us to participate in competitions for transport infrastructure development jointly with partners – the EU member states with the EU financial support. 

In the framework of the CEF program, the Recovery Agency is already participating in joint projects with Poland, Hungary and Romania – all of them aimed at improving capacity of crossing points with the EU member states. 

Connecting Europe Facility (CEF) is the EU fund created in 2014 for infrastructure investments (in particular, Trans-European Networks TEN-T) across the EU in transport, energy, digital and telecommunication projects aimed to expand connections between the EU member states. It provides funds through grants, financial guarantees and project bonds. 

Source – Finance.liga.net

EXTENTION OF TRANSPORT VISA-FREE REGIME BETWEEN UKRAINE AND MOLDOVA 

Simplified transportation regime will be valid for the next two years.

Ukraine and Moldova extended transport visa-free regime till late 2025.

TTS writes, the Ministry of Development of Communities, Territories and Infrastructure of Ukraine reported on joint decision with the Ministry of Infrastructure and Regional Development of the Republic of Moldova to extend the Agreement on the Liberalization of Road Freight Transportation between the countries till late 2025.

This agreement provides the possibility of bilateral and transit transportation by road without special permits. The protocol jointly with decision to extend the effect of liberalization was signed following the results of the meeting of the Ukrainian-Moldovan Joint Commission on international road transport on September 13-14.

We remind that previously the protocol was signed with the Ministry of Transport of Norway on the possibility of cargo transportation without the need to obtain permits. Transport visa-free regime will apply to trucks of the Euro-5 standard and above.

Today, liberalization cargo transportations is valid in 35 countries.

Interlegal’s comment (Dmytro Ochkolyas, leading lawyer, attorney):

Now, it is possible to transport cargo across the continental Ukraine to Reni Sea Port solely by car. However, from the logistic aspect it is possible to transport cargo through Moldova. It is facilitated by geographic features of Bessarabia, as well as by logistic priorities in ex-USSR. Although independent Ukraine drafted several projects of railways to Reni Sea Port, non of them was implemented. Therefore, safe and cheap railway transportation through Moldova – that’s one of the ways to facilitate Ukrainian grain export in the wartime!
Please do not hesitate to apply to Interlegal upon any issues concerning specifications of Ukrainian infrastructure. 

Poland will insure Polish and other foreign investors concerned in reconstruction of Ukraine 

Andrzej Duda, the President of Poland, signed an amendment to the law on export insurance, which allows the state-owned Insurance Corporation KUKE to provide more effective assistance to private business entities concerned in reconstruction of Ukraine, as reported by the Ministry of Economy of Ukraine. 

Yuliya Svyridenko, Minister of Economy, notes, “This is the first such comprehensive insurance tool supporting investments and activities of Polish companies in Ukraine. We hope that such a crucial step taken by Poland will be an impetus for the insurance market and other countries to more actively provide guarantees to companies operating in Ukraine. As the result, it will contribute to attraction of more investments and entry of new players into the Ukrainian private sector”. 

The law serves as grounds for Ukrainian Reconstruction Program with Polish business involved. It cover three aspects: 

• Safe trade with Ukraine. Insurance covers a wide range of risks, in particular, it protects Polish companies against losses caused by non-payment for delivered goods or services. There is also transport reinsurance and a guarantee that protects the banks that issue letters of credit. 

• Investment support of Polish companies. It guarantees support for entrepreneurs in financing investments implemented in Poland for export to Ukraine, as well as investments to be implemented directly in Ukraine, First of all, in the form of new absorption and acquisition projects. 

• Support for development of Ukraine. It provides security of financing of investment projects of Polish or foreign entrepreneurs for investors from Ukraine (both private and state-owned). 

New solutions include, inter alia, reinsurance by other insurers in cases where the risk is above average or if it is impossible to obtain reinsurance on the commercial market, related mainly to transport risks. Therefore, Polish entrepreneurs will be able to carry out transportation to Ukraine and to participate in the reconstruction process, the Ministry highlights. 

The new Polish law also facilitates insurance of Polish branches of foreign companies on a par with local companies. This will allow Ukrainian companies to expand their business on better terms. 

Source – hromadske.ua

A step towards logistic and export development: Ukraine is associated member state of the Three Seas Initiative 

Ukraine received the status of an associated member state of the Three Seas Initiative, which will contribute to development of logistics in the region and facilitate export of the Ukrainian goods, including foodstuff, as reported by the Ministry of Economy based on the results of the summit of the Three Seas initiative held in Bucharest on September 6, 2023. 

Yuliya Svyridenko, First Deputy Prime Minister & Minister of Economy, notes, “It means that our country has gained access to all the tools that have been developed as part of the initiative”. 

She adds, “Partners called us to participate in the restructuring of the region’s architecture, which is the need of the hour due to russian gostilities”. 

For Ukraine, as well as for (associate) member states the Three Seas initiative, key direction of efforts shall be development of logistics and trade in the region. 

Yuliya Svyridenko highlights, “For our partners, outbreak of the war served as grounds to think about the need to change global approaches, such as updating infrastructure, transport systems, food supply, attraction of investments in energy and other strategic sectors, in order to completely get rid of russian oil and gas”. 

At the summit, Ukraine drew attention to the need to solve problems in trade relations between the countries. First of all, it concerns removing barriers to trade and restoring the export of Ukrainian grain and other crops. At the summit, Yuliya Svyridenko discussed all these issues in her report. 

First Deputy Prime Minister & Minister of Economy emphasizes, “the states participating in this initiative are already developing transport capacities to facilitate exports from Ukraine. Therefore, despite the war and regular shelling, trade in the Danube and trade routes that go to the ports of Romania, Bulgaria, Croatia and Greece will develop rapidly”. 

Yuliya Svyridenko mentions, “With the victory and restoration of full freedom of navigation in the Black Sea, we will see a new reality of trade in the region of the Three Seas Initiative, i.e. free and efficient, thanks to the developed infrastructure”. 

A step towards logistic and export development: Ukraine is associated member state of the Three Seas Initiative 

Ukraine received the status of an associated member state of the Three Seas Initiative, which will contribute to development of logistics in the region and facilitate export of the Ukrainian goods, including foodstuff, as reported by the Ministry of Economy based on the results of the summit of the Three Seas initiative held in Bucharest on September 6, 2023. 

Yuliya Svyridenko, First Deputy Prime Minister & Minister of Economy, notes, “It means that our country has gained access to all the tools that have been developed as part of the initiative”. 

She adds, “Partners called us to participate in the restructuring of the region’s architecture, which is the need of the hour due to russian gostilities”. 

For Ukraine, as well as for (associate) member states the Three Seas initiative, key direction of efforts shall be development of logistics and trade in the region. 

Yuliya Svyridenko highlights, “For our partners, outbreak of the war served as grounds to think about the need to change global approaches, such as updating infrastructure, transport systems, food supply, attraction of investments in energy and other strategic sectors, in order to completely get rid of russian oil and gas”. 

At the summit, Ukraine drew attention to the need to solve problems in trade relations between the countries. First of all, it concerns removing barriers to trade and restoring the export of Ukrainian grain and other crops. At the summit, Yuliya Svyridenko discussed all these issues in her report. 

First Deputy Prime Minister & Minister of Economy emphasizes, “the states participating in this initiative are already developing transport capacities to facilitate exports from Ukraine. Therefore, despite the war and regular shelling, trade in the Danube and trade routes that go to the ports of Romania, Bulgaria, Croatia and Greece will develop rapidly”. 

Yuliya Svyridenko mentions, “With the victory and restoration of full freedom of navigation in the Black Sea, we will see a new reality of trade in the region of the Three Seas Initiative, i.e. free and efficient, thanks to the developed infrastructure”. 

https://www.epravda.com.ua/news/2023/09/7/704034/

Investment nanny: a strategy for foreign investors in view of the war in Ukraine

In the context of the ongoing war between Ukraine and the russian federation, it is more difficult for foreign investors to assess risks and find successful investment opportunities. In such a dangerous and unpredictable environment, investment nanny can become an indispensable partner, providing support and expertise aimed at capital safety and growth.

What is an investment nanny?

Investment nanny is a financial professional acting as a consultant and manager for foreign investors having their interests in Ukraine. In wartime conditions, an investment nanny has in-depth knowledge of local financial market, economy and political situation, which allows him/her to identify opportunities and to mitigate risks.

Role of investment nanny.

Risk analysis: Investment nanny conducts a comprehensive analysis of risks correlated to investments in Ukraine in wartime conditions. (S)he assesses political and geopolitical situation, economic effects of the conflict and possibility of regulatory changes.

Portfolio Management: Investment nanny helps a foreign investor to develop and to manage a diversified investment portfolio in wartime conditions. (S)he recommends asset allocation, with regards to sustainability and potential returns of various sectors and companies.

Market Monitoring: Investment nanny monitors dynamics of the financial market and changes in legislation related to the war. (S)he provides regular updates to clients regarding the current situation and impact on their investments.

Safety Advice: Investment nanny develops safety strategies for foreign investors aimed at reducing their risks in wartime conditions. (S)he may consult upon the issues of asset protection, use of insurance tools and additional security measures.

Advantages of cooperation with investment nanny.

Expertise and market understanding: Investment nanny has deep knowledge of the Ukrainian financial market and understands its peculiarities in wartime conditions. This allows foreign investors to receive informed advice and strategic decisions.

Risk mitigation: Due to risk analysis and security strategy development, investment nanny helps to reduce the impact of military conflict on investments. (S)he understands potential threats and provides to his/her clients the tools aimed to protect themselves.

Individual approach: Investment nanny develops strategies with regards tp individual needs and goals of each client. This allows you to create investment solutions that meet their unique requirements.

Conclusion

In view of the war between Ukraine and Russia, there are extremely difficult conditions for foreign investors. Investment nanny can be an indispensable partner, providing expert knowledge and support aimed aimed at capital safety and growth. Cooperation with investment nanny will help foreign investors to effectively manage risks and to find opportunities in the Ukrainian financial market even in wartime conditions.

However, procedure of obtaining investment nanny for the relevant investor is a bureaucratic and complex procedure with lots of formalities. INTERLEGAL lawyers are ready to assist investors by representing and lobbying their interests in order to obtain such a tool as investment nanny.