Archive for the ‘Joint Ventures’ Category

Kaesong Industrial Zone output update

Monday, September 15th, 2008

The South Korean Ministry of Unification has reports on economic output at the Kaesong Industrial Zone.  Below are the highlights from Yonhap:

The total output by South Korean factories operating in North Korea has exceeded US$400 million, Seoul’s Unification Ministry said Monday.

Companies at the Kaesong industrial complex produced goods worth a total of US$410 million between January 2005, when the compound was opened, and July this year. One-fifth of all goods produced were exported, according to the ministry handling inter-Korean affairs.

The output in the first seven months of this year amounted to $140 million, up 51 percent from the same period last year.

As of August, 79 firms operated in the area, employing more than 32,000 North Korean workers, mostly women.

Read the full article here:
Production in inter-Korean business town tops $400 million
Yonhap
9/15/2008

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Interview Blog: Felix Abt, European Business Association

Wednesday, September 10th, 2008

Interview Blog
How a hopeless pharmaceutical joint venture was turned into a success story, why and how humanitarian aid and economic development mostly follow conflicting interests, how foreign business people challenge and survive an environment overshadowed by heavy geopolitical influences including arbitrary sanctions imposed by foreign powers, how North Korean managers prepare themselves to get fit for export and international competition, and what the dos and don’ts are for those who want to successfully start a business in this very special country.

(click here for other North Korea-related interviews)

Klaus-Martin Meyer: Felix Abt, you came as country director for the ABB group to North Korea in 2002 where you have been resident since. ABB closed its representation just about 2 years after your arrival but you have successfully been involved in a number of other businesses since then. What happened?

Felix Abt: At the time the Swiss-Swedish ABB, a global leader in power and automation technologies, not only faced huge asbesto claims in the United States but also large debts versus a tiny equity that culminated then into a matter of life or death for the group. To survive it decided to immediately save 800 million USD cash expenses, making the closure of a number of factories and offices around the globe unavoidable.

Though we at ABB Pyongyang fully covered our cost through sufficient sales with a good margin the funds and other resources necessary to set up the planned joint ventures I had been negotiating, however promising they may have become, were definitely not available any longer. In addition the pre-contracts I secured for ABB – including one for a 9-digit USD infrastructure project I signed at the dismay of the competitors in presence of the Swiss foreign minister, the Swedish ambassador and the North Korean minister of power and coal industries – would have required even more substantial funding. Given ABB’s critical financial condition that I, far from the headquarters, grew aware of only later, neither ABB could have provided this in the form of supplier credits nor commercial banks in the absence of sufficient export risk cover nor institutions like the Asian Development Bank or the World Bank from which North Korea remained excluded as a member due to US and Japanese opposition.

It led ABB to shut down its country representation. The speculations put into circulation suggesting political rather than economic reasons or the failure of its local business operation for the shutdown were all wrong. ABB’s case also drew more attention than it deserved because this company and British tobacco giant BAT were then the only multinational groups active with resident expatriate staff in North Korea.

After the closure of ABB’s offices I continued to work in Pyongyang as an agent for ABB and added other firms to a strategic agency portfolio which comprised first-rated companies in promising key sectors like mining (e.g. Sandvik) and light industries (e.g. Dystar). On behalf of the companies represented by me I realized multi million USD sales in the following years. I was also involved in setting up mining operations.

Klaus-Martin Meyer: From heavy involvement in infrastructure and mining business to raising a North Korean pharmaceutical factory to world standard – how come?

Felix Abt: The PyongSu Pharma J.V. Co. Ltd. in Pyongyang is the first pharmaceutical joint venture between North Korean and foreign investors and the largest operational European investment at present. The foreign investors that had been holding the majority equity stake sent first a Philippino production pharmacist to Pyongyang to build up and run the joint venture. After he had been in Pyongyang for some time he decided some day not to return to Pyongyang from a holiday. The project suffered a setback and got stuck until a second one from Germany was found who stayed some years until he decided to retire. Both of them were excellent production experts and successfully set up and run pharmaceutical operations elsewhere before. And yet, PyongSu’s situation still looked desperate when the second one left and when I was asked to become managing director and the third one to, so to speak, try his luck: A WHO-sponsored international inspection had just come up with 75 objections, rejecting Good Manufacturing Practices (GMP) acknowledgement, a universally recognized production quality standard in the pharmaceutical industry as defined by the WHO. In addition from being far from reaching the necessary standards, the company had no sales but only expenses, large quantities of Aspirin and Paracetamol nearing their expiry dates were stockpiled at its warehouse, and last but not least both investors, unwilling to give the company any more support, and staff were discouraged and they had little confidence left in the company’s future.

Having had the unique chance of getting to know North Korea and gaining, unlike other foreign business people, a pretty good insight and understanding of the way business is done here during the previous years of my stay thanks to my multi-faceted business activities and having worked and survived for a large multinational pharmaceutical group as country director and regional director before in no much less challenging places in the Middle East and in Africa, I thought I should dare it. At the beginning I felt really lonely in the belief that PyongSu had a fair chance of succeeding and many told me straightforward I was a day dreamer. But already recognizing the impressive potential of the Korean staff when I was a member of the board of directors before taking over as chief executive and the ability to recruit more of the industry’s best talents I believed that with proper management that included coaching and training in all business aspects good results were achievable.

The results of the new approach are quickly told: PyongSu did become the first North Korean pharmaceutical factory to reach international GMP-level confirmed by the World Health Organisation. It also became the first ever North Korean company to participate in tender competitions and to win contracts against foreign competitors from Germany, China, India, Thailand and elsewhere. With an increasing cash-flow generated by ourselves, we have even become able to add significant value to the company by buying and profitably operate pharmacies and other sales outlets in the country.

Being recognized as a model pharmaceutical company PyongSu has, at the request of the government, also made itself socially useful by sharing know-how with other pharmaceutical companies to help raise their standards.

Klaus-Martin Meyer: You have been the initiator and the first president of the European Business Association (EBA) in Pyongyang, the equivalent of a European chamber of commerce. What was the motivation for its foundation and what has been the result of it so far?

Felix Abt: I always felt that there are plenty of misconceptions about North Korea and the way business is done here. Not only was the country underreported and often misunderstood but when Western media did report about it they tended to repeat old, mostly negative stereotypes. Thus, I saw a need to provide the business world with more accurate information, ideally by competent business people on the ground themselves. I also thought an entity should be created that could serve as a bridge between European and North Korean enterprises to accelerate investment and trade between them and to break the isolation the country was pushed into by the powers who have been trying to overthrow it ever since the DPRK or, in full, the Democratic People’s Republic of Korea (North Korea’s official denomination) was founded 60 years ago. I also thought it could some day become a welcome medium for European businesses and North Korean authorities to hold dialogues in order to learn to understand one another’s problems, concerns and thinking which would strongly benefit both sides. I could, by the way, also imagine a larger meeting and communication platform not just limited to few European businesses but open for enterprises around the globe interested in investing and doing business in North Korea.

Since its foundation the EBA Pyongyang made some headway into the direction described before. However, my presidency was marked and overshadowed by an avalanche of arbitrary economic and financial “sanctions” imposed on the host country which kept me busy to find ways and means to keep (legitimate) business going.

As things have stabilized and as we have learnt how to deal with obstacles to our businesses in the meantime and, last but not least, in order to save time for existing business projects as well as new business opportunities in North Korea and Vietnam including those your readers may approach me with I decided a few months ago that I would no longer be available as president or committee member for a second several-year-term.

But having closely experienced Vietnam’s economic adjustment process and the way it so successfully attracted foreign investment where I have been living and working for many years before I moved to Pyongyang I would still be prepared to spend time and share experience and know-how with the competent North Korean authorities should they be interested in it.

Klaus-Martin Meyer: One of the many hats you are wearing is the one as director of the Pyongyang Business School. Is capacity building for enterprises a better alternative to sending rice bags in order to prevent hunger and starvation in North Korea?

Felix Abt: Let me explain you first that with the exception of Sweden and Switzerland all European countries, invited by the North Korean government to do development projects in North Korea, have refused to do so until now for political reasons (following largely US-policies) and provide only humanitarian assistance, particularly in times of disaster. It is mainly the United States plus European and certain Asian countries that have been donating rice and other food items instead either directly or through the World Food Programme (WFP) each and every year for more than a decade and they are continuing to do so. This not only allowed donors to get a glimpse into North Korea through the eyes of WFP-food distributors but it also created a culture of dependency which I suspect was not entirely without political intentions by the donor countries and which economists and development experts claim to also have prevented necessary economic adjustment measures that would have allowed the DPRK to get on its own feet faster.

Recently, for example, I saw that an NGO bought a large quantity of cookies fortified with vitamines in China with taxpayers’ money from a European country for malnourished kids in North Korea. They thought that European hygiene, safety and quality standards of food items can be met in China but not in North Korea. Instead of helping the North Korean food companies with some capacity building reach these standards they were in fact undermining the efforts that the North Korean food processing industry is undertaking to catch up with the rest of the world. How do these do-gooders imagine that domestic factories can thrive and feed their workers and their families if they place their orders with competing industries just across the border? I can illustrate my point also with PyongSu’s example. Some organizations like the WHO and the IFRC have supported and sincerely honored PyongSu’s efforts to reach international quality and safety standards and competitive prices. They were fully aware of the fact that by purchasing quality pharmaceuticals made in the DPRK they would help raise the quality and safety of pharmaceuticals and save additional lives! And yet there are still many NGO’s and countries that prefer to buy pharmaceuticals to be donated abroad rather than from us, directly undermining efforts of PyongSu and the rest of the North Korean pharmaceutical industry to reach and maintain high international standards. This proves that there is a lot of politics, self-interest and hypocrisy involved in what I would call the foreign aid industry which literally beats the domestic manufacturing industry.

A former country director of the Swiss governmental Development and Cooperation Agency (SDC) and I thought food security could only be established by promoting adequate economic development leading to increasing income in domestic and hard currency, job creation etc. Since, of course, we would not have been able to mobilize finance for the upgrading of the infrastructure, or to buy spare parts and raw materials for enterprises, we thought that a very cost-effective means of helping North Korean companies is capacity building for senior officials and managers to enable them to make the best out of their existing enterprises and to prepare them to get fit for export and international competition.

I made a concept for approval by the sponsor SDC and the DPRK-government and then I started organizing the business school seminars (including some essential elements of an MBA-course) with lecturers from different countries with an outstanding theoretical knowledge and practical international experience. Having gained a good idea of the state of North Korean enterprises, their environment and a fair understanding of the needs of their managers when doing business with them I was not only able to select the most suitable lecturers but also brief them in such a way as to have their lectures tailored to the students’ real needs – something other foreign economic training organizers have failed to do. The students at the seminars are North Korean senior officials and company executives. It was therefore not surprising that they expressed great satisfaction with what they learnt and with the practical benefits they drew from it for their businesses. Since SDC did not pay my work and my expenses during the first two years I was not only a co-initiator but also a co-sponsor. In addition I could convince some large foreign companies to send senior executives and experts to hold seminars in Pyongyang at their own expense.

Western media like The Financial Times were quick at speculating that we were about to challenge the socialist system but that, of course, is non-sense. It’s very simple: If a country, regardless of whether it is capitalist or socialist, wants its enterprises to successfully export they need to get to know and apply the corresponding marketing tools. Or irrespective of whether an enterprise is privately or state-owned it needs to have a strategy and a business plan. So the company managers have learnt such basics at our seminars and, to stay with the example, know that if they fail to plan they plan to fail.

This year most of the lecturers have been coming from Hong Kong. They have an academic teaching background and, in addition, international management experience of 20 years on average. A further asset they have, and that’s another reason why I have chosen them, is that most of them also built up subsidiary companies in mainland China on behalf of Western companies. Thus, they are not just teaching knowledge acquired from books but have a lot of highly useful hands-on experience and are also well aware of the different business worlds and of the very different economic, cultural and political aspects in East and West, which is essential to know when interacting with businesses of other countries. Needless to say that they can understand and empathize with North Korea better than European and other Western lecturers who would have to overcome much more than just a wide geographical distance.

Klaus-Martin Meyer: With your unique and large wealth of experience in North Korea what do you recommend to business people who want to start a business in North Korea.

Felix Abt: This is your toughest question since it would take me at least a full evening to give some really useful reply.

Perhaps I would summarily try to answer that if you want to understand why and how certain companies succeed you have to know first why certain other foreign companies fail. Those who fail are quick at blaming North Korea, its system and so on, and, of course, never recognize their own shortcomings.

But it’s worthwhile having a closer look at them to learn how to avoid costly errors. From my observations these are the five main causes of their failure:

– lack of basic knowledge of the country due to a lack of due diligence (no or little home work done before traveling to Pyongyang)
– advice by ignorant and/or biased advisors and sponsors (all advisors belong to this category to at least a certain extent)
– choice of random, suboptimal business partner based on a recommendation (see above) rather than a systematic selection (i.e. asking for a range of alternative business partners from which to choose the most suitable one)
– no identification of a leverage for a long-term joint venture (e.g. lasting technological advance, ownership of unique loyal customer base etc.)
– appointment of unsuitable project manager (with lack of technical and/or social and/or cultural competence as well as lacking patience, stamina and flexibility and/or a background difficult to accept for the North Koreans)

A larger number of Chinese but also some European business people have successfully started businesses in North Korea in recent years. Readers of yours may join the growing foreign business community and I wish them good luck and success, too!

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DPRK statute smorgasbord

Wednesday, September 3rd, 2008

On this page, I will keep a list of DPRK statutes and summaries:

1. Foreign Investment Law
2. Free Economic and Trade Zone Law
3. Equity Joint Venture Law
4. Contractual Joint Venture Law
5. Foreign Enterprises Law
6. Taxation of Foreign Invested Enterprises
7. Relevant Labor Laws
8. Leasing Land 
9. Dispute Resolution
10. Domestic Sales Tax Regulations
11. Manufacturing & Export Operations
12. External Economic Arbitration Law
13. Commercial Joint Venture Law
14. Constitutions (x2)
15. Customs Law
16. Law on Economic Plans
17. Fisheries Law
18. Foreigners in FEZs
19. Intellectual Property

Click “read the rest of this entry” below to see summaries and statute text.

(more…)

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Download glitch fixed: North Korea Google Earth (version 11)

Thursday, August 14th, 2008

The most authoritative map of North Korea on Google Earth
Download it here

This map covers North Korea’s agriculture, aviation, cultural locations, markets, manufacturing facilities, railroad, energy infrastructure, politics, sports venues, military establishments, religious facilities, leisure destinations, and national parks. It is continually expanding and undergoing revisions. This is the eleventh version.

Additions include: Mt. Paegun’s Ryonghung Temple and resort homes, Pyongyang’s Chongryu Restaurant, Swiss Development Agency (former UNDP office), Iranian Embassy, White Tiger Art Studio, KITC Store, Kumgangsan Store, Pyongyang Fried Chicken Restaurant, Kilju’s Pulp Factory (Paper), Kim Chaek Steel Mill, Chongjin Munitions Factory, Poogin Coal Mine, Ryongwun-ri cooperative farm, Thonggun Pavilion (Uiju), Chinju Temple (Yongbyon), Kim il Sung Revolutionary Museum (Pyongsong), Hamhung Zoo, Rajin electrified perimeter fence, Pyongsong market (North Korea’s largest), Sakju Recreation Center, Hoeryong Maternity Hospital, Sariwon Suwon reservoir (alleged site of US massacre), Sinpyong Resting Place, 700 Ridges Pavilion, Academy of Science, Hamhung Museum of the Revolutionary Activities of Comrade Kim Il Sung, South Hamgyong House of Culture, Hamhung Royal Villa, Pork Chop Hill, and Pyongyang’s Olympic torch route. Additional thanks go to Martyn Williams for expanding the electricity grid, particularly in Samjiyon, and various others who have contributed time improving this project since its launch.

Disclaimer: I cannot vouch for the authenticity of many locations since I have not seen or been to them, but great efforts have been made to check for authenticity. These efforts include pouring over books, maps, conducting interviews, and keeping up with other peoples’ discoveries. In many cases, I have posted sources, though not for all. This is a thorough compilation of lots of material, but I will leave it up to the reader to make up their own minds as to what they see. I cannot catch everything and I welcome contributions.  Additionally, this file is getting large and may take some time to load.

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Interview with Ken Frost, CFO, Phoenix Commerical Ventures

Monday, July 28th, 2008

Interview Blog, Germany
(click here for all their North Korea-related interviews)

Phoenix Commercial Ventures Ltd is a venture capital company that offers investors business and investment opportunities in the DPRK” – Interview with Ken Frost (CFO of Phoenix)

Klaus-Martin Meyer: Mr. Frost, you are member of the Board of Phoenix Commercial Ventures Ltd, a company that offers investors business and investment opportunities in the Democratic People’s Republic of Korea (DPRK) otherwise known as North Korea. Would you mind introducing yourself and your company as well to our readers?

Ken Frost: Phoenix Commercial Ventures Ltd is a venture capital company that offers investors business and investment opportunities in the DPRK, enabling them to take advantage of the economic reforms that are taking place there.

Phoenix is owned and run by four experienced professionals, who are based in London, Paris and the DPRK. The Board has between them many years of international business experience, and an invaluable network of well placed contacts. Phoenix offers a unique service, by being able to offer direct access to the DPRK.

Phoenix Commercial Ventures Ltd specialises in project finance in the DPRK. As is well known, the business environment is difficult, and the company targets very specific investment projects; these are small enough to manage and have the capacity to generate foreign currency, either through export or import substitution.

Phoenix Commercial Ventures Ltd maintains an office in Pyongyang, almost the only European company to do so, and operates with the following specific aims:

• Identify commercially viable investment projects in the DPRK, on a case by case basis
• Identify reliable local partners for all forms of business in the DPRK, either trade or investment
• Seek overseas investment sources for such projects
• Minimise the risk in such projects, by taking responsibility for supervision of the local set-up procedures and management of the projects

The Board of Phoenix Commercial Ventures Ltd consists of nationals of the UK, France and the DPRK. The European flavour is enhanced by the fact that most of the counterparties and suppliers in the various projects are also European, and the DPRK government views Phoenix Commercial Ventures as a prime conduit for European business and investment in the DPRK.

One of the directors of Phoenix Commercial Ventures is also General Manager and CEO of the Daedong Credit Bank, the only western-invested foreign bank in the DPRK. Based in Pyongyang, this is a 70-30 joint venture between a UK financial management company based in Hong Kong and the Korea Daesong Bank, one of the main DPRK banks.

Phoenix Commercial Ventures is unique in having this connection with a reliable, locally based financial institution. The synergy benefits include a wider exposure to local business contacts in differing fields; as well as an additional degree of control, made possible by the fact that the various joint venture projects have to maintain their accounts with the bank.

We have a number of projects within DPRK, including two 50/50 joint ventures:

– Hana Electronics JVC, a consumer electronics company now ranked as one of the top three best performing joint ventures in DPRK, as assessed by the Ministry of Finance.

– Sinji JVC, whose main areas of operations are retail, software and bonded processing.

Full details about our company can be found on our website www.pcvltd.com

I am the CFO of Phoenix and am a chartered accountant with over twenty years international experience of FMCG industries, consumer electronics, rough diamond distribution and the Internet. I have worked in KPMG, Philips Electronics, De Beers and run my own Internet company. I am also a Scholar on Gerson Lehrman Group Councils.

In November 2007 I reached the finals of Accountant of the Year held by the Association of International Accountants at the President’s Awards Dinner 2007. This award is designed to recognise organisations’ accountancy stars.

In January 2007 I was awarded, based on recommendations from fellow members of the ICAEW, a New Year’s Honour by AccountingWeb. The award was for my services to the accountancy profession in opposing the merger of the ICAEW with other accountancy bodies.

In November 2006 I was awarded an honorary fellowship of the Institute of Professional Financial Managers (IPFM), for my services to the accountancy profession.

In January 2006 Accountancy Age placed me on their Financial Power List for 2006. I was 11th on their list of the top 50 of “The Ones To Watch”. The list identified the “most influential names to look out for” in the world of finance for 2006.

Klaus-Martin Meyer: We read on your website “offers investors business and investment opportunities in the Democratic People’s Republic of Korea (DPRK), enabling them to take advantage of the economic reforms that are taking place there.” Can you tell us what kind of opportunities this could be?

Ken Frost:There are three main areas of investment opportunities open to investors, which we can facilitate within the DPRK:

1 Small scale investments ($500K or less) yielding good levels of return (20% or more).

These investment opportunities are in local production (consumer goods, bonded processing, software etc) for domestic market consumption and export. These utilise the advantages that DPRK has over all the other countries in the region namely:

– 99% literacy
– skilled/disciplined/hard working workforce
– well educated workforce, many speak a good level of English
– lowest wage rates in the region

Phoenix has a number of opportunities that it can offer investors in this area; eg bonded processing, consumer manufacturing, clothing manufacturing and software development.

2 Natural resources

DPRK has proven abundant natural resources worth several trillion dollars; eg coal, gold, copper, titanium, lead, zinc, nephelite, nickel, magnesia, graphite etc.

The investment required would be of a higher order than the small scale investments above, $1M plus. The money would be used to bring existing mines back to production, by pumping out flood water and renewing worn out capital equipment.

Phoenix has, via its working relationship with CPEEC, a number or opportunities in the natural resource sector that it can offer genuine investors.

3 Infrastructure development

Clearly investment in infrastructure is the costliest form of investment. However, given the dilapidated state of the roads, railways, ports, electricity grid etc it is necessary if the economy is to be revived.

DPRK also has a keen interest in infrastructure development focussed on green/renewable energy areas.

Phoenix has on it books a profitable renewable energy project that would suit a serious, well financed and experienced green energy investor.

The DPRK is the final economic frontier and is a “green field” site. Its primary advantages are:

– Location (physical position between Russia, South Korea, China and in AP)
– Location (historical, all the major players now want to move forward)
– Location (resources, it has abundant rich resources both mineral and human capital – high literacy, well educated etc)

Klaus-Martin Meyer: What are the main differences between your company and a conventional venture capital company that is investing for example in internet our biotech companies?

Ken Frost: Companies such as those you mention are industry-specific, whereas ours is location-specific. Our company is relevant to people who might want to invest in the DPRK.  We work in the DPRK and have a physical presence in the DPRK, other “conventional” venture capital companies do not.

Klaus-Martin Meyer: Are there any differences to other investment companies?

Ken Frost: We apply the same principles to potential investments as any other professional investment company, we look at:

– the risk
– the returns
– the quality of the local management
– the quality of the business plan
– the size of investment
– the share offered for that investment etc

We also pay very close attention to corporate governance issues such as; financial reporting, management structure and ethics etc. We have a code of conduct which can be seen on our website.

Phoenix Commercial Ventures Ltd is committed to being a responsible corporate citizen and to the pursuit of a sustainable future, both economic and social.

Phoenix Commercial Ventures Ltd adheres to three fundamental ethical principles:

– Integrity
– Competence
– Courtesy

To this end Phoenix Commercial Ventures Ltd has developed a Code of Conduct, which sets out to ensure that these principles are followed in its operations. The Code of Conduct governs Phoenix’s business decisions and actions. The Code applies equally to corporate actions, and to the behaviour of individual employees when conducting business on behalf of Phoenix.

We work very hard with our local management teams and business partners to ensure that international standards re reporting, corporate governance and ethics are understood and followed.

Klaus-Martin Meyer: What are your plans for the company’s future? How do you see Phoenix Commercial Ventures in five years time?

We see the coming period for Phoenix as that of being continued growth.

In our view there will be a major upswing in economic relations between the DPRK and other countries over the coming months/years. Phoenix Commercial Ventures is uniquely placed to take advantage of, and to respond to, that upswing.

We are one of the very few organisations to have made successful joint ventures in the DPRK. We are also one of the very few organisations to have people with many years’ experience, and cultural sensitivity, actually on the ground in Pyongyang. You cannot run a business by email!

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Working as a Lawyer in Pyongyang

Sunday, July 27th, 2008

Brendan Carr over at Korea Law Blog dug up some information on law firms operating in the DPRK.  All the information he posts is worth reading, but here are some highlights:

[T]he prospect of working as a foreign lawyer in Pyongyang has been on my list since I’ve been a lawyer.

Michael Hay, a foreign legal consultant in Seoul since 1990, actually did this—striking out from “Big Four” firm Bae, Kim, & Lee in 2001 [domain lapsed] to focus on being a full-time North Korea consultant. He established KoreaStrategic Inc. as a consultancy (its domain lapsed in June 2006, though), then with a splash announced the formation of Hay, Kalb & Associates as the first foreign/North Korean joint venture law firm in Pyongyang. The Hay, Kalb website, too, disappeared sometime in 2005, and I lost touch with Mike Hay around the same time. I remain curious to know about his adventure up North; I’m sure it’s been fascinating. However, he was always extremely tight-lipped about what he was doing there. Other than that he was focusing on North Korea “full-time, all the time” it was hard to get any specifics out of him.

There are two other law firms advertising their services and office presence in North Korea: Italy’s Birindelli e Associati (now Chiomenti after being acquired) and Singapore’s Kelvin Chia Partnership

But today I found that the International Financial Law Review’s IFLR Legalwire, to which I hadn’t previously subscribed, recently (May 2008) reported on Birindelli partner Sara Marchetta’s experiences in Pyongyang. It’s fascinating stuff, published in two parts—go read Part 1 and Part 2. The article gave the impression that Hay, Kalb was still trading, which is promising, but Marchetta says that Birindelli kept no expatriate lawyer there year-round, because there were only four or five clients a year needing legal services, mostly in resource-extraction and processing ventures.

From Marchetta’s interview, I thought the following observations were worth noting:

Obtaining copies of laws: 

The first issue is looking for legal resources  – the law- as it is extremely complicated to get them.  Even if you are a law firm and have people who are well-connected, its still a very long process to get a copy of a law.  Even if the law has already been enacted and should be public, you still need special permission.  If the law has not yet officially been translated into English, then you need to obtain special permission to get it and translate it.

The second thing is that the intended implementation of the law in a western sense does not exist.  Especially when you go out of Pyongyang and Kaesong [North Korea’s special economic zone], everything is pretty much left up to political decision: whether you can stay here or there, what you do and cannot do…

Just to give you an example: in terms of a corporate tax, you go to a place, make an investment and you pay a corporate tax even if you don’t profit.  It’s sort of a tax for being there.  Corporate tax ends up being interpreted as a presence tax , which is paid independently of whether you make profits or not.  In a few cases, we did find this type of interpretation, which is obviously extremely bizarre.    So it is really a matter of general legal culture – which is totally lacking – and education of the administrative middle to low levels.

Does [this environment] hinder getting things done?  Yes and no. Yes in the sense that getting a deal done takes more time because you do not have all of the information available at the beginning.  No in the sense that once there is the intention of getting the deal done, there is a lot of facilitation from the bureaucratic and governmental point of view.  If they say yes, its basically yes and it will happen.

How big is your office in Pyongyang:

It is currently staffed with two people.  We have no expatriates.  It is a joint venture as we are there in cooperation with a DPRK government entity called the Korean Justice Committee [KJC].  It is equivalent to the Chinese Ministry of Justice.

Are your lawyers at the office North Koreans?

Yes, they are North Korean lawyers. One of them is a pure lawyer, the other one is more someone who is well-connected in the government and has also PR and English capabilities.  One side has the legal knowledge, and on the other side, fluent in English that they use to work with foreigners.

Does your JV status with the KJC give you an advantage over foreign firms?

As a matter of fact, from an operational point of view: yes.  From the client’s point of view, I don’t know.  I have no idea.  I don’t think this is something that is hindering the expansion of our client base in Pyongyang, but I am not sure if it enhancing it.

What types of clients do you serve?

We serve companies looking at setting up a presence in the DPRK.  These are large companies that deal with natural resources, like mining or consumer goods, and most of them have already a presence in China.

What are teh key sectors of Work?

Well we deal with mining projects.  This means that yo go there, you test the product and if it’s okay then you give the technology to be extracted in a proper way.  You do part of the processing of the mineral and export it.  This is one deal.  On the other side, before advising on an investment we advise our clients on precessing contracts.  Obviously this can be done not just for mining, but for shoes, clothes, and any other product that can be exported.  The deal structure is basically these two.

Looking forward, is there enough going on to fairly classify the DPRK as an “emerging market”?

Not in terms of a domestic market.  I don’t think that the domestic market is going to develop very much, but the DPRK is a good place for processing contracts.  I mean, you send raw materials and they send back the finished product.  There is also a strong market for natural resources and low-to-medium technology projects.  There, you can produce basic chemicals, basic pharmaceutical products and some consumer goods.  The Chinese are doing clothing here, doing shoes, and a lot of other things.

Do you predict enough work growth to expand?

Not for the time being for a number of reasons.  One, we do not see an increase in DPRK-related work.  We have two, three, four, maximum five clients a year and that’s basically it.  So this is the main reason.  Then you have always the political issue.  It’s always there.  The political wind is really swinging a lot and it changes by the season and is very much affected by the situation of the six-party talks.  So for the time being, we are looking at what is happening and we are doing what we can do, but we do not have plans to enlarge our presence in the DPRK for the time being.

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Lankov and Kim on North Korean market vendors

Wednesday, July 23rd, 2008

“North Korean Market Vendors: The Rise of Grassroots Capitalists in a Post-Stalinist Society”
Andrei Lankov and Kim Seok-hyang
Pacific Affairs, Vol. 81 Iss.1 
(subscription required)

Abstract:
The article deals with the social changes that have taken place in North Korea [from 1994-2002], when the collapse of the centrally planned economy led to the growth of private commercial activity.  This activity remains technically illegal, but the relevant bans and restrictions have rarely been enforced due to endemic corruption and disorganization of the state bureaucracy.  The article is largely based on in-depth interviews with North Korean black market operators [who have defected to South Korea].  It traces their origins, the type and scale of their business, and changes in their mode of operation.

The article demonstrates that the “second economy” came to dominate North Korean economic life by the late 1990s, since authorities’ attempts to limit its scale were largely ineffective.  The growth of the “second economy” produced new grassroots capitalists who sometimes came from underpriveledged social groups, but more typically represented people with good official connections.  It is also remarkable that foreign connections (usually with China) played a major role: to a large extent, merchandise sold at the North Korean markets either came from overseas or was exported overseas eventually, and in many cases the merchants’ initial capital was also provided by relatives residing overseas.

Some highlights:
1. Changsa is the North Korean word for “dealings in the marketplace.” Tonju is the word for money changers/lenders meaning “master of money”. 
2. Public Distribution System (PDS) rations were cut for the first time in 1973.
3. The DPRK system restricted market activity primarily through three mechanisms: limited size of family farming plots, inminban surveillance system, and travel permits.
4. Before the arduous march, North Koreans were not inclined to resort to market trade.  These transactions were seen as ethically suspect.  Once the famine hit, people took up market trading remarkably quickly.
5. Before the arduous march, bribery was rare, even though patronage and indirect forms of corruption were rampant.  Mid-level bureaucrats had to vie for preferred access to poor-quality consumer goods, better schools, and study trips abroad.
6. At the height of the arduous march (1997), production was at 46% of capacity.
7.  North Korean traders seldom if ever have to deal with the protection racket.  When asked directly, respondents did not mention threats from mobsters as one of their security concerns (I wonder if this is still the case).
8. Pyongsong market is reputed to be the largest in the country.  It is just outside Pyongyang, making it accessible to citizens inside the capital as well as those who cannot get permits to enter the city (Pictured below with Google Earth coordinates).

pyongsongmarket.JPG

Click on image for larger view

9. Financial services such as money-changers and private loan sharks offer loans at 5%-30%/month.
10. Most North Korean merchants know South Korea is a rich country.  They also avoid surveillance since these activities are done at state-owned enterprises and study sessions.

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GPI Consultancy: Economic Mission to North-Korea

Wednesday, July 16th, 2008

Netherlands Centrum voor Handelsbevordering
27 September – 4 October 2008  
View the information flyer with more information here: it-tour_dprk.pdf

For the past decades, the Democratic People’s Republic of Korea (DPRK) also known as North-Korea has been one of the most isolated countries in the world. Until recently, foreign companies could hardly enter this country. Inspired by the economic successes of its neighbouring country China, North-Korea has since a few years opened its doors for foreign enterprises. The DPRK established several free trade zones to attract foreign investors. In 2002 North Korea started to experiment with the Kaesong Industrial Region, near the South-Korean border. Moreover, other areas were designated as Special Administrative Regions, such as Sinŭiju near the border with China.
 
Currently, China and South-Korea are the most important trade partners of North-Korea; their mutual trade is growing fast. Also for European companies there are many opportunities to trade with North-Korea. During the recent seminar: ‘Doing Business with North-Korea’ (The Hague, 30 May) the representative from North-Korea highlighted that there are business opportunities in several fields, including Textile Industry, Shipbuilding, Agro Business, Logistics and Information Technology.

DPRK finds itself at the beginning of a new era of openness. In North-Korea there is a need for many foreign products and investments. The Chamber of Commerce Amsterdam, GPI Consultancy and the Netherlands Council for Trade Promotion are organizing an economic mission to investigate the business opportunities for foreign companies in this country. This unique economic mission to North-Korea will take place from 27 September to 4 October 2008. Our partner in North-Korea is the Pyongyang Chamber of Commerce. Mr. Renze Hasper, Member of the Board of the Chamber of Commerce Amsterdam, will be the mission leader of this economic mission. 
 
The program includes individual matchmaking, company visits, network receptions and dinners. Furthermore, a visit is being planned tot the Kaesong Industrial Region.

GPI Consultancy is responsable for the IT-program of the mission. As an example, the program for the IT-delegates has been attached; they will visit firms in Pyongyang in the field of software development, animation, cartoons, computer games and BPO (Business Process Outsourcing). Similar matchmaking visits will be arranged for delegates from other business sectors.
  
The mission is open for participants from other countries as well.
If you are interested in joining this trade mission, please contact:

Paul Tjia
GPI Consultancy
P.O. Box 26151,
3002 ED Rotterdam,
The Netherlands
E-mail: [email protected]
tel: +31-10-4254172 
fax: +31-10-4254317
Website: www.gpic.nl 

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Noko Jeans

Tuesday, July 8th, 2008

Some enterprising Swedes are attempting to manufacture and export jeans from North Korea.  As far as western countries go, Sweden has been one of the leaders in commercial interaction with the DPRK.  Although, according to Erik Cornell, they were frequently burned. 

The project, Noko Jeans, would be the first jeans manufacturer in North Korea.  Here is some info from their website:

Noko Jeans – jeans from North Korea

Noko Jeans began with an e-mail sent to North Korea, fueled by the enthusiasim of being able to contact the country directly. We thought Noko Jeans would end there, before it even began. It didn’t. Instead, and despite our lack of experience in international trading, it swiftly grew to a much more serious level.

Initiated and managed by three Swedes with a background in advertising and PR, Noko Jeans is our attempt to approach and get closer to North Korea, and it is our attempt to answer the question: is it possible to do what no one has ever done before? Is it possible to design, produce and import jeans from North Korea?

Greetings from North Korea!

After months of research, loads of headache and, lastly, several meetings with North Korean government representatives, we are finally allowed into the country. As official visitors, and by invitation of the state. Take off: 27th of July.

We are just now beginning to sense that this experiment actually might come true. Please stay with us as we tell you the unique process – and story – that is Noko Jeans.

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Pyongyang Autumn International Trade Fair announced

Tuesday, July 8th, 2008

From the European Business Association (EBA) web site:

4th Pyongyang Autumn International Trade Fair
September 22nd – 25th, 2008, 9:30am-6:00pm
Further details here

Information flyer here: eba.pdf
Registration flyer here: registration.doc

The European Business Association (EBA) in Pyongyang issues this bulletin in order to inform about special conditions for participation by European businesses in the upcoming international trade fair in Pyongyang.

EBA Pyongyang and Korea International Exhibition Corporation (KIEC) will co-organise a special collective booth to host European businesses for the third time.

European companies interested in taking advantage of this opportunity are invited to visit the EBA website www.eba-pyongyang.org to see reports about the EBA booths in October 2007 and May 2008, which both were very successfull. Please also click through to membership and consider becoming a member of EBA.

The collective EBA booth has proven to be a convenient and cost-effective way to introduce European companies to the North Korean market. The participation fee is 600 or 700 Euro.

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