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Doing Business with Martinique

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    Doing Business with Martinique Doing Business with Martinique Document Transcript

    • DOING BUSINESS WITH MARTINIQUE May 2007 Caribbean Export Development Agency P.O.Box 34B, Brittons Hill St. Michael BARBADOS Tel: 246-436-0578; Fax: 246-436-9999 E-mail: info@carib-export.com Website: www.carib-export.com
    • DOING BUSINESS WITH MARTINIQUE TABLE OF CONTENTS1. GENERAL INFORMATION ............................................................................................................... 32. THE ECONOMY ................................................................................................................................. 5 2.1 Economic Indicators......................................................................................................................... 5 2.2 Structure of the Economy............................................................................................................ 5 2.3 Prices and Income ............................................................................................................................ 6 2.4 Economic Outlook....................................................................................................................... 7 2.5. Overview of Trade....................................................................................................................... 7 2.6 Exports ............................................................................................................................................. 7 2.7 Imports ........................................................................................................................................ 83. GENERAL MARKET FACTORS ....................................................................................................... 9 3.1 Distributions and Sales Channels ..................................................................................................... 9 3.2 Retail Sector..................................................................................................................................... 9 3.3 Agents and Distributors............................................................................................................. 10 3.4 Transport and Communication....................................................................................................... 114. MARKET ACCESS............................................................................................................................ 13 4.1 Customs Tariffs.............................................................................................................................. 13 4.2 Taxation ......................................................................................................................................... 13 4.3 Non Tariff Barriers.................................................................................................................... 14 4.4 Labelling and Marking Requirements ....................................................................................... 15 4.5 Patents, Trademarks and Copyrights ......................................................................................... 155 INVESTMENT PROFILE.................................................................................................................. 17 5.1 Business Facilities ..................................................................................................................... 19 5.2 Telecommunications ................................................................................................................. 196. CULTURAL PRACTICES................................................................................................................. 20 6.1 Business Hours .......................................................................................................................... 20 6.2 Visa Requirements .................................................................................................................... 20 2
    • DOING BUSINESS WITH MARTINIQUE Head of State: President Nicolas1. GENERAL INFORMATION Sarkozy Head of Regional Council: PresidentOfficial Name: Department of Alfred Marie-JeanneMartinique. Head of General Council: PresidentNickname: Lîle aux fleurs Claude Lise.Capital: Fort-de-France Prefect: Ange Mancini (appointedArea: 1,128 sq. km. July 2007) Political Parties: Rally for theMajor towns: Fort-de-France, Le Republic (RPR), Federation Socialist ofFrancois, Lamentin, Le Robert, Saint- Martinique (FSM), MartiniqueMarie, Schoelcher. Progressive Party (PPM), Martinique Communist Party (PCM), Union forOfficial language: French; French Democracy (UDF), MartiniqueIndigenous language: Creole Patois. Independence Movement (MIM), Union for a Popular Movement (UMP),Nationality: Martiniquais Martinique Forces of Progress (FMP), Build the Martinique Country (BPM),Government: Martinique is a French Martiniquan Democratic Rally (RDM),Overseas Department. France is Oson Oser, Modemas.represented there by a perfect who isappointed by the French Government on Population: 400,229 (2007 est.).the advice of the French Minister ofInterior. Two bodies, the 45-member Pop. Density: 358km2 per sq. km.General Council and the 41-member (2005 est.)Regional Council have local power andare elected by universal adult suffrage Median age: Total population 34.1for six-year periods. After these yearselections, the members of each council Male: 33.4 yearschoose its president. Four deputies Female: 34.8 years (2006 est.)represent Guadeloupe in the FrenchNational Assembly; it also has two Sex ratio: Birth 1.02senators in the French Senate and a males/females (m/f)councilor in the Economic and Social Under 15 1.03 m/fCouncil. It is also represented at the 15-64 1 (m/f)European Parliament. 65 years and older 0.82 m/f Total population 0.99 (2006 est.)Elections: General Council electionswere last held in 2006 and Regional Life expectancy at birth: TotalCouncil on March 2004 population = 79.18 years Male = 79.5 year 3
    • DOING BUSINESS WITH MARTINIQUEFemale= 78.85 (2006 est.) Climate: The climate is tropical moderated by the trade winds andTotal Fertility Rate: 1.79 children maritime influences. The annual meanborn/woman (2006 est.) temperature is 25°C (77°F). Annual rainfall averages from very heavy in theEthnic Composition: Black and northern mountains and moderate in theMulatto: 90%; White: 5%; East Indian, south central plain of Lamentin, to theLebanese and Chinese: less than 5%. very light on the semi arid southwest coast. From June to October, the countryReligion: Roman Catholic: 95%; is susceptible to hurricanes.Hindu and Pagan African: 5%. Geography andEducation: Education is compulsory Topography: One of the Windwardthrough to the primary and secondary Islands in the Eastern Caribbean,levels. There are 269 primary schools Martinique lies about 360 miles ofand 77 secondary schools. The southeast Puerto-Rico, with Dominica toenrolment in the 2005/2006 term was the north and St. Lucia to the south. It is99451 pupils. The University Antilles- 6,850 kms from Paris; 3,200 kms fromGuyana in Martinique focuses on New York. The Caribbean Sea is on itseconomics, politics, law and the western coast and the Atlantic Ocean onhumanities. There is also a Master its east. The island consists of manyFormation University Institute (IUFM) volcanic peaks, dense rain forest in thefor teachers’ training; as well as an mountains and narrow fertile valleys;informatics school and an international coastline formed by numerous coves andbusiness and management school run by harbors with many small islets off thethe Chamber of Commerce and Industry east coast.of Martinique. Other organisationsprovide job specific and other vocation 6.6.2 Public Holidaystraining. New Year’s Day January 1Adult Literacy: 92%; Male: 90%; Lenten Carnival February 23-24Female: 90%. Good Friday April 6 Easter Monday April 9Health: There is one University Labour Day May 1hospital; 6 private hospitals; two clinics 1945 Victory Day May 8with a total of 1, 739 beds; 871 doctors Ascension Day May17and 145 pharmacies. Abolition of Slavery May 22 National Day July 14Land Use: Arable land: 8%; Assumption Day August 15Permanent crops: 8%; Permanent All Saints’ Day November 1pastures: 17%; Forest and woodland: All Souls’ Day November 244%; Other: 23%. Armistice Day November 11 Christmas Day December 25Irrigated Land: 40 sq. km 4
    • DOING BUSINESS WITH MARTINIQUE with tourism as the leading foreign2. THE ECONOMY exchange earner supported by agriculture (bananas, sugar cane and2.1 Economic Indicators pineapples) which traditionally was the key sector. The tertiary sector contributes about 80% of value-added,National currency: Euro (€). mainly non-market services andExchange Rate: US$ 1.35 = € 1.00 wholesale and retail trade.(floating rate) The economy is made up of many smallBalance of Payments 2006: Exports: companies. In 2005, some 17,244US$ 818 million; Imports: US$3,483 enterprises were registered and it ismillion estimated that some 1 500 business are created annually. Most of theseGross National Product 2005: S$ 7.4 businesses are in the service sector. Seebillion Table 1.Composition: Agriculture: 6%; 2.2.1 TourismIndustry: 15%; Services: 72% In 2006, the Martiniquan tourismGDP per Capita 2002: US$21,174.75 industry reported a 2.5% increase in tourist arrivals but this followed an 8.2Inflation Rate 2005: 2.4 %. % decline in 2005 and is a far cry from 2000 when 928 000 people visited theUnemployment rate: 25.2% (June country and 2002 when arrivals reached2005) 785,709. However long stay visitors have been on the increase, most of them slept at hotels with three stars or higher2.2 Structure of the Economy status. Consequently, the smaller establishments saw a 26 % in theirMartinique’s economy is marked by a customers but the occupancy rate in thatchronic balance of trade deficit, heavy section of accommodation did not fall bydependency on Metropolitan France and as much as would have been expectedthe European Union for financial support since the number of rooms had beenand specialisation in few sectors which reduced from the 2005 figure.suggests the need for diversification. Itsper capita income is the highest among At the end of 2006, Martinique had 99the French Overseas Departments registered hotels with 4,747 rooms, an(DOMs) and ranks about third in the increase of one hotel and 74 rooms onCaribbean, after the Bahamas and the 2005 figures. Spending by touristsBarbados. rose by 7.1 per cent in 2006 over 2005 to reach €242.5 million as long stayThe country has a demand economy spending grew by 3.3 %. In 2004, touristwhich is somewhat propelled by expenditure was €234.4 million, a 7.2 %household consumption. The economy is increase on 2003’s €218.6 million.fast becoming a service-based economy Mainland France, the Caribbean and the 5
    • DOING BUSINESS WITH MARTINIQUErest of Europe are the main sources of 7.3 % decline on the 4,349 tonnestourists followed by the United States. In produced in 2005.2006, 90% of the visitors were frommainland France. See Table 2. Martinique also produced notably quantities of melons, avocados, other2.2.2 Agriculture fruits and vegetables, and flowers. The country’s agriculture sector has goodAgriculture was the key source of potential judging from its fertile soilsincome for the country but it now and its wet tropical climate.accounts for only about 6% of thecountry’s gross domestic product. This 2.2.3 Manufacturingchange in fortunate can be linked to thedecline in sugar and bananas which has The light industry employed about 13.9been taking place over time. per cent of the population. It includesRecent changes in the preferential food processing, building materials,treatment which Europe extended to its chemical plants, printing, and petroleumformer colonies have negatively affected refining. The agro-food sector is theMartinique’s agriculture sector. Sugar largest and includes sugar and runand banana producers have been facing production as well as fruit and vegetablestiff competition for market share from processing. In 2006, there was a 7.3%more price efficient overseas producers decline in rum production with 74,824but they remain import sources of gallons produced. Generally most of theforeign exchange and local employment. rum is exported to Mainland France.See Table 3. The country has been encouragingNot only has the level of bananas industrial development under a specialexports fallen (5%) but the average price tax system called “dispositif depaid to producers experienced a 39% defiscalisation” since 1986. In additiondrop. The exported quantities fell from five industrial zones are in operation.€432.70 a tonne in 2005 to €264.80 atonne in 2006. However plantersreceived compensatory financing which 2.3 Prices and Incomehelped to relieve some of the stress inthat section. Exports in 2006 stood at Generally prices in Martinique are216, 827 tonnes falling from 228,538 higher than those in metropolitan France.tonnes in 2005. This fact is evident from an examination of retail prices between January 1990Sugar is still very important to and December 2005. During that period,Martinique’s economy providing direct prices in Martinique grew by abenefits from the production of rum and cumulative 36% compared to 33% forsugar. There are also indirect benefits the metropolis and in 2006, Martinique’sthrough its by-products, such as the prices rose by 2.4 % compared withmolasses or the straw, which can be used Metropolitan France’s 1.7%. This priceas a source of energy, animal feed or increase was linked to the rising price ofnatural fertilizers. An estimated 4,073 oil. Martinique’s minimum wage set attonnes of sugar was produced in 2006, a €8.44 or about US$11.39 per hour at 6
    • DOING BUSINESS WITH MARTINIQUEJuly 1, 2007 represents an increase of intelligence and knowledge industries to2.1% from the 2006 level. However the improve the lot of disadvantagedunemployment rate is high about 25.2 % communities and improve the country’sand a large number of people are competitiveness.receiving benefits via the RMI(minimum income paid by the welfarestate) system. 2.5. Overview of Trade Exports grew in 2006 by 29.5% to reach2.4 Economic Outlook €489.1 million, marking a return to the growth trend which had started in 1996The Martinique economy is continuing but was briefly interrupted in 2005.to grapple with the challenges brought Imports also rose but by a smalleron by international calls to end amount (8.9%) to reach €2.5 billion. Thepreferential treatment granted by France trade deficit reached the €2 billion markto its overseas departments. Bananas, and the rate of 19.5 % which was therum and sugar are especially facing this best cover for the three French overseasup hill task and given the small size of departments (Guadeloupe was 7.18%their operation vis-à-vis their and French Guyane, 14.9%). See Tableinternational competitors, these 4.industries will have a difficult futurewithout this special support from France. 2.6 ExportsEven competing in the EuropeanCommunity (EC) market without special In 2006, with the exception ofsupport is hard. An example is the rum agriculture, all categories of exportsindustry which is under strain from an increased. Re-exports of petroleumEC request for France to decrease a products increased by more than 50%special tax arrangement granted since because of rising prices and a 25%1995 on “traditional rum”. However, increase in volume. However the otherproduction and labour costs have been exports grow slightly, by 1.2%. Exportsgrowing even as the industry has to were made up primarily of refined oilincrease spending to comply with the EC (60%), banana (14%) and rum (9%).regulatory standards, which calls forimportant non-productive investment to Banana exports decreases but afterconserve the environment. Tourism too 2005’s strong fall, equipment suppliershas its challenges but is trying to registered a 19.7% in sales whichupgrade its plant and improve accounted for a 5.3% of total exports.competitiveness. This equipment included shipbuilding and aeronautical engineering products.Programmemes are being put in place by Other exports included pineapples andthe European Community, France, flowers.Martinique’s Regional Council andGeneral Council to put a development Over the years, Metropolitan France hasstrategy in place. This strategy will add been the main source and destination ofdynamism to the economy, develop the Martinique’s goods and services and 7
    • DOING BUSINESS WITH MARTINIQUE2006 continued this trend. An estimated20% of the goods exports went toMetropolitan France which was also thesource of 56% of the imports. Nearly allof the bananas exported from Martiniqueas well as more from 43% of rum (thebalance is exported in Guadeloupe andGuyana) went to the mainland.2.7 ImportsThe 8.9% growth in imports registeredin 2006 was somewhat in keeping withthe trend observed at the start of thedecade for a 6% annual increase. Morethan 60% of the 2006 growth can beattributed to imports of oil, industryelectric components, and agriculturalproduce.Imports were made up of 60%manufactured goods, 21% energy-generating products and 15% of agro-processed products. Imports ofagricultural produce accounted for ameager 1.7%.Martinique imported approximately 70%of its intermediate imported goods; 79%of its consumption imports; 75% of itsagro-processed imported products andover 60% of its imported agro-processedproducts and over 60% of theagricultural produce, from the mainland. 8
    • DOING BUSINESS WITH MARTINIQUE the French distributing giant, Promodes that also operates in French Guiana and3. GENERAL MARKET Guadeloupe.FACTORS Sogedial has many subsidiaries:Martinique has a sophisticated Berthier, Martinique Frais, Sofrima,distribution and retail system which Promo Cash and Fabre, S.A. Its closestdisplays trends, historical and current, competitors are Rene Lancry, S.A. andsimilar to Guadeloupe’s. Competition in Multigros which supplies other retailers.the distribution sector is intense George de Negri and Sodicar are smallerespecially among the five large wholesalers.influential importers. The retail networkis comprehensive and includes small and The four larger wholesalers havemedium sized family-owned firms that extensive facilities for storage, handlingtraditionally were the dominant players and distributing food products,in the local wholesale and retail trade.They are losing their dominance toincreasingly popular larger outlets like 3.2 Retail Sectorsupermarkets and hypermarkets whichare providing stiff competition with Hypermarkets command more thanrespect to price and variety of items on 32,000 sq. ft. of floor space and are ablesale. These new players have influenced to offer cheaper prices and a widera change in consumer buying patterns. variety of items than other outlets. Euromarché (Carrefour), Hyper U,This is evident by the tendency to buy in Primistéres Reynoird and Le Phare arelarge quantities, to seek opportunities for the major ones in Martinique. The costdiscounts and to use credit cards, debit leaders are Groupe Primistéres Reynoirdcards or cheques as a means of payment. retail outlets Ecomax, Match, and CoraSpecialized chain stores are also as well as Leader Price.becoming very prevalent. Needless tosay in such competitive environment Martinique also has a number ofadvertising is very popular and a supermarkets - retailers with over 8,000necessity. sq. ft. of floor space- and several small country shops, green grocers, and butchers. Especially in the rural areas, fresh produce, fish, meat and poultry are3.1 Distributions and Sales sold in open markets and covered publicChannels markets but prices at these outlets are usually higher than those offered by theThere are five major food importers: supermarkets and hypermarkets.Sogedial Martinique, Rene Lancry, S.A.,Multigros, and Ets. George de Negri and The other retail outlets include largeSodicar. specialized stores which offer wide choices of a special type of goods andSeveral small wholesalers were bought emphasize competitive prices andand merged by Sogedial, a franchise of customer service. The most popular 9
    • DOING BUSINESS WITH MARTINIQUEexamples in Martinique are furniture and social security and retirement/pensiondo-it-yourself equipment stores. benefits. Salaried Representative: These operate3.3 Agents and Distributors on employment contracts and their employers pay payroll taxes as well asConsidering the distribution options contribute to social security,available, it is important that prospective unemployment compensation andexporters select the method best suited to retirement/pension plans on their behalf.his product. Local buyers generallyprefer to purchase through an Statutory Representative: They benefitintermediary, making sales directly to from labour law protection and havethe end-user. French rules allow for special rights to indemnification if theythree primary forms of intermediaries; are unfairly dismissed fromdistributors, agent and salaried employment. This indemnity depends onrepresentatives. the size and importance of the clientele created by the statutory representative.Distributor: (Concessionaire) buys goods These are sustained independentfor resale directly from a producer. This profession who:individual or legal entity operatesindependently according to the written • Act as a sales representative for oneprovisions of a distribution agreement. or more employers;At the end of the contract period, either • Do not conduct commercialparty may end the distribution operations on their own behalf;agreement, without notice or • Institute mutual commitments withindemnification. If the termination employers with respect to the natureoccurs before the contract period ends, of the goods or services offered forthe terminating party may be sued for sale, location of activity or thebreach of contract. After a fair period of category of clients, and the rate ofnotice, usually six months, either party compensation.may terminate a distribution agreementwithout indemnification. If the producerterminates the contract without fair Non-Statutory Salaried Representative:notice, the distributor may have grounds These do not fulfill the conditions to befor damage claims. statutory representative status and are considered regular employees.Agent: Commercial agents and personsacting thought not fulfilling the 3.3.1 Sales service/Customer Supportrequisites for commercial agent statuscan be considered agents. They match Local businesses provide all kinds ofbuyers and sellers for a commission. services such after sale service, homeAgents are independent operators and delivery and maintenance contacts,their principals do not pay payroll taxes warehousing facilities, hot line or tollon their behalf. In fact agents pay their free numbers for technical assistance.own business licence tax and VAT andtake care of their own health insurance, 10
    • DOING BUSINESS WITH MARTINIQUEAs a French Overseas Territory, the many seaport facilities. Among themEuropean Commission directives are are Pointe des Grives, a containerfollowed with regards to consumer terminal with a 450 metre (m) long quayprotection. There are safety requirements and water height of 14 metres and thefor consumer products such as sports and Old Terminal which caters exclusivelyplayground equipment, childcare to non-container traffic and is 418m longarticles, lighters and most household with a water depth of 12m. Cruise trafficproducts such as textiles and furniture. has access to three quays; Quay ofIn addition, France has laws to protect Tourelles (North and South) which ispublic health and the consumer interests 325m long and 11m deep; Annexesand to deal with fraudulent practices and Quay, 180m long and 9m deep; and theinfringement of economic regulations. Cruise Terminal of Pointe Simon (EastMartinique generally follows France’s and West) that is 270 m long and 10mlead. deep. The other facilities include The Wharf which is the deepest harbour at3.3.2 Payment Terms 17m, West Quay, Radoub Basin, Cargo Boat Quay, Hydro-base Quay andThe usual terms of payment are: Tourelles Board. La Trinite is another important port. • Commercial letters of Credit • Sight and time draft Some of the maritime cargo lines which • Bank transfers stop at Martinique are Compagnie • Certified checks Generale Maritime (CGM) Bermuth Lines, Chargeurs Delmas, Columbus3.3.3 Sales Promotions and Facilities Lines, Crowley American Transport, Louis Dreyfus, Marseille Fret, NedloydConsumers’ choices are influenced by Lines, Nippon Yusen Kaisha, Seaboardprice, quality and after-sale service but Marine, Suriname Line, Tecmarinethey are also swayed by advertisements Lines, Tropical Shipping, and UIM.and lured by promotions and lifestyles CGM has links to Europe, Cuba and thedepicted by the mass media. All Caribbean and Latin America.advertising, labelling, instructions andpromotional programmemes must be in In 2003, an estimated 2,750,000 metricFrench. Selling products or services in tonnes of goods traffic passed throughGuadeloupe is similar to what obtains in the port as well as 587 000 passengersother Caribbean countries. including 292 000 inter-island passengers. Ferry services link Fort-de- France with main resort areas, Troise- Ilets and Sainte-Anne.3.4 Transport and Communication 3.4.2 Air Transport3.4.1 Shipping In 2007, Martinique’s only internationalAs suggested by its name, Port de Fort- airport was renamed Martinique-Aimede-France is located in the capital. It is Cesaire Airport in honour of poet, Aimealso the major port on the island with Cesaire who was also a deputy in the 11
    • DOING BUSINESS WITH MARTINIQUElower house of Frances parliament foralmost 50 years. The internationalairport, which was formerly called theFort-de-France/Lamentin Airport, islocated about 7.5 miles from the capitaland ranks ninth among French airportsfor passenger traffic and third for jumbojet traffic. The airport has an air terminalwhich is 24,000m2 and an air freightterminal of 9,400m2. In 2004, 13,003metric tonnes of freight traffic and1,615,561 passengers passed through theairport.Air Canada, Air France, AirGuadeloupe, Air Martinique, AirCaraibe, Air Outremer, AmericanAirlines, American Eagle, Take AirAirline, Corsair and LIAT are among theairlines which provide service to theairport.3.4.3 Land TransportIn 2003, €25 million was spent onupgrading roads in Martinique. It nowhas an extensive road network (2,142km), most of which was recently built. Itis used by an inexpensive bus service butmost of the public transport is done bycollective taxis, eight-passengerlimousines which carry the sign “TC”. 12
    • DOING BUSINESS WITH MARTINIQUE The following documents are generally required by Martinique’s customs for4. MARKET ACCESS imports: • Bill of lading or Airway bill • Commercial invoice – written in4.1 Customs Tariffs French or carrying a translation • Certificate of originAs an Overseas Department of France, • Transit document (T1 or T2) ifMartinique’s import policy agrees with the goods passed through athat operating within the European European Union country.Union (EU). Imports from non-EU • EUR 1 circulation certificate (forcountries are therefore subjected to a exemption of certain taxes as anCommunity Integrated Tariff (TARIC) ACP member)system, and the tariff schedule is based • Proof of compliance with Frenchon the Harmonized Commodity standardsDescription and Coding System (HS). • Phyto-sanitary, fumigation or disinfection, zoo-sanitaryThe taxes which are applied include certificate where relevant.General Customs Tax, the Octroi de MerTax (OM), Additional Tax to the Octroi Most goods are liberalisation but a fewde Mer Tax (DAOM) and Value Added require an import licence which can beTaxes which are applied on a product- obtained from the office of the Prefect ofby-product basis. Goods coming from Martinique. Goods must be shippedAfrican Caribbean and Pacific countries before the expiry date.are exempted from general Customs Taxbecause Martinique is a fellow ACPcountry. These exempted countries must 4.2 Taxationhowever complete an EUR1 form (forpostage) to be allowed to enter duty-free. 4.1.1 Internal TaxesImport duties are calculated on an ad The “Octroi de Mer” (O.M): Allvalorem basis, i.e. expressed as a products whether imported or producedpercentage of the value of imported in French Overseas Departments aregoods. This dutiable value is the generally subjected to these dock taxes.“transaction value” plus freight, However, there are some exceptions:insurance, commissions, and all other undertakings whose turnover is less thancharges and expenses incidental to the French Francs 3.5 million are not liable;sale and delivery of goods to the point of Regional Councils can determined thatentry into the EU customs territory certain transactions relating to categories(including the French Overseas of local products will be totally orDepartments). The invoice price is used partially exempted by applying a zero oras the transaction value providing there reduced rate. This tax is 2.5% plus anis no relationship between the seller and 8.5% VAT. The VAT is reduced to 2.1%the buyer. on food and medical products. 13
    • DOING BUSINESS WITH MARTINIQUEThe value-added tax: This is applied on when they are being imported intothe “tax excluded price”. All imports, Martinique. If they are being sent via theexcept cigarettes, have an “overseas tax” parcel post, the types of samples must beof between 5 % and 25% of duty value. clearly identified.Cigarettes attract a tax of 73 %. VATmust be added to the price of all goods Samples of commercial value can alsoand services sold. enter duty free and tax free, however a bond or deposit of the total amount ofAdditional levies: These are used to duties and taxes must be supplied. Thisprotect national industries, for example, money is refunded if the samples are re-fishing and textile. Imports of these exported within a year. An ATA Carnetproducts are subjected to a special levy. can be used instead of this deposit.Excise taxes are charged on alcohol andoil products. An ATA Carnet is an international customs document which simplifies andThe quay tax: Corresponds to a tax for streamlines customs entry procedures forthe unloading of goods. There are two merchandise imported to participatingrates, according to the size container countries for a year. They may be usedused for transportation: US$6 for 20 ft for commercial samples, professionalcontainers and US$11 for 40 ft equipment, and goods destined forcontainers. exhibitions and fairs. They are accepted in Martyinique as a guarantee that all4.1.2 Import Licensing customs duties and excise taxes will be paid if any of the items covered by theAs part of the European Union, imports carnet are not re-exported within thefrom third countries (non-European time period allowed. Advertising matterUnion countries) are subjected to attracts duties.regulation. Liberalized imports may beimported without an import license. Alimited number of products consideredto be sensitive may require a specific 4.3 Non Tariff Barriersimport licence. These non-liberalizedgoods need a specific import licences 4.3.1 Foreign Exchange Controlswhich is issued by the Office of thePrefect of Martinique. Such licences are Martinique does not place restrictions onusually valid for six months from the the repatriation of profits, service fees,date of issuance and can be extended for interest or royalties. However, anan additional 30 days if a justifiable approved bank must be used and thereason is provided. investment must be one which was authorized by the government officials.4.1.3 Samples and Carnets Bank transfers are generally used for the transfer of money overseas or intoSamples that carry no commercial value Martinique and through approveddo not attract duties and taxes. Shipping banking intermediaries by bankdocuments must specify that such transfers.samples are of “No commercial value” 14
    • DOING BUSINESS WITH MARTINIQUE4.4 Labelling and Marking 4.5 Patents, Trademarks andRequirements CopyrightsAs can be expected Martinique’s 4.5.1 Patentsregulations with regards to labelscomply with those of the European An invention is protected if it is anUnion. Labels must therefore: absolute novelty; has a non-obvious procedure and can be applied to an • Be written in the language of the industrial or agriculture process. To country where the products is obtain a patent an application must be being sold - in this case French. made to the French National Institute for This does not preclude having a Industrial Property (INPI, that is, the label in more than one language. Institut National de la Propriete The writing must be clear and Industrielle,). To register a patent, the non-promotional. inventor must have a local address. • Be used to properly identify the product. After approval, the patent should be • Specify the ingredients or registered. It becomes the property of its material constituting the product owner who can transfer, or sell it, or starting with the one with the grant a licence to those wanting to use it, highest content. but no one is permitted to use it without • State the net quantity of product the owner’s authorization. Patents for (in metric units). inventions last 20 years, before • Carry the product’s date of becoming public. manufacture; recommended ‘best used before’ date; and expiry 4.5.2 Trademarks date. • Include instructions on usage and The INPI also handles applications for care. trademarks. After registration, a trademark must be used for five • State the name of the producer, consecutive years, if not all rights are manufacturer or distributor. lost. They are renewable every ten years. Registered brand names and trademarks must be used. Trademarks must be novel for the • State the country of origin and specific product. They can be written or the lot number. designed; sonorous such as jingles and • Inform of any special sales slogans but they must be recognizable by conditions or limitations of the sound or sight. product. • Carry tax-included prices for all 4.3.3 Copyrights pre-packaged goods except those sold by mail order. Copyrights include artistic works, • Barcode price labelling generally literary works and software. Copyright use the GENCOD that is the usually last up to 50 years after the French system. author’s death with two main exceptions. A composer’s copyright lasts 70 years 15
    • DOING BUSINESS WITH MARTINIQUEafter the owner’s death while softwarecopyright is valid for 25 years aftercreation. It must be noted that softwaredesigned by a salaried employee isowned by the employer. 16
    • DOING BUSINESS WITH MARTINIQUE However, Martinique has a range of5 INVESTMENT PROFILE financial incentives aimed at encouraging companies to invest andThe French Agency for International create jobs. These include grants forInvestment is responsible for promoting tangible investments, job creation andinvestment. The French investment the recruitment of local managers; taxpolicy is considered among the least credits for professional training; reducedrestrictive in the world. There is little charges on wages; temporary corporatescreening of investment. However, income tax exemptions and localacquisitions which have bearing on authority guarantees.health sector, public order and nationalsecurity are subjected to a review within All new businesses are likely to bea month. In Martinique, the French eligible for some type of incentivesregulations generally apply. Some which will depend on the type of activityinvestors see the dis-incentives to and the number of employees. Priorityinvestment as high payroll; income taxes sectors include agriculture; tourism andand corporate tax of about 33 %; and industry. See Table 5 for the types ofpervasive regulation of labour. Incentives.Table 5: Type of incentives*TYPE OF INCENTIVE REFERENCE DESCRIPTIONSummary of the Main Tax Incentives Granted to CompaniesIncome tax reduction Article 197.3 of the French Tax-payers residing in a DOM benefit from a General Code of Taxes (CGI) 30% allowance deductible from taxable income, up to a certain limitDeduction of business Article 238 bis HA of the CGI Contrary to the provisions of the 1996deficit from global income Finance Law in effect in mainland France, the charging of business deficits to global income remains possible in the Overseas Departments for investments made within the framework of the “Pons Law”.Exemption from real- Article 150 D 7∆ of the CGI Real-estate capital gains made on the sale ofestate capital gains building land in the French Overseas Departments are tax exempt if the land is intended for the building of tourist facilities.Medium-term tax relief Article 208 quarter of the CGI Start-up companies in a DOM can, upon approval, be exempt from corporate tax for 10 years.Reduction on taxable Article 217 bis of the CGI Companies subject to corporate tax forprofits operations situated in the DOMs benefit from a 33% allowance deductible from their taxable profits.Payroll tax Article 231 of the CGI The normal rate of 4.25% is reduced to 2.95% 17
    • DOING BUSINESS WITH MARTINIQUE in Martinique. This tax is not applicable to Sociale Integration through Activity Contracts (CIAs) nor to agricultural companies in the DOMs.Exemption from social Law No 94–638 of 25 July 1994 Five-year exemption from employer’ssecurity contributions – Articles 4 and 5 contributions, family income support, socialaccording to sector security and industrial injury insurance for all pay up to the minimum wage (SMIC). This measure is limited to industry, catering, agriculture and audiovisual production.Exemption from social Emergency plan for In order to compensate for the considerablesecurity contributions on employment (July 1995) Article increase in the SMIC in the DOMs in thelow wages 113 of the 1996 Finance Law second half of 1995, the measure in effect in Decree of 20 September 1995 mainland France (coverage by the government of health insurance payments and family income support up to 1.33 times the SMIC) has been extended, in the DOMs, to sectors which were not included in the law of 25 July 1994 (building and public works, trade, transport, communications).Summary of Other Incentives Granted to CompaniesEmployment grant Law of 24 July 1984-Article 40 Payment of a sliding scale grant over 10 years Decree of 2 May 1995 for every new job created in an activity geared to the opening up of the economy. This grant is subject to approval. Basic condition: the company or the new activity must derive 70% of its turnover from exports. Tertiary activities are eligible only when they are located in a free zone.Job access contract Article L.832-2 of the Labour For recruitment of an RMI (Minimum Social(Contract d’accès à Code Income) welfare recipient, of the long-terml’emploi) Article R. 831-2 to 831-9 of the unemployed, of a youth under a social worker Labour Code or of an ex-prisoner, employer contributions are exempted for the duration of the contract when it is a term contract, or for up to 2 years if it is a permanent appointment. This exemption is longer if the beneficiary is at least 50 years old when entering into the contract. Moreover, he benefits from a monthly grant of FF2, 000 and the coverage of training costs for up to 1,000 hours.Service job checks Article 208 quarter of the CGI Maintenance of the specific advantages for(Chèque emploi-service) DOMs since 1st January 1997.Increased support for Decree 96-493 of 6 June 1996 In the DOMs, the financial help granted toapprenticships employers with apprentices to cover training costs is increased by FF2, 000 per year. 18
    • DOING BUSINESS WITH MARTINIQUEN.B This was taken from Doing Business with Martinique 2001-2006 produced by CaribbeanExport Development Agency are Zone de Gros de La Jambette at Fort- de-France; Place d’Armes industrialAmong the opportunities which exist for zone and La Lezarde industrial zone atinvestment are: Lamentin; Petite-Cocotte industrial zone • Industry - food processing and at Ducos and La Laugier industrial zone manufacturing PVC sections; at Riviere-Salee. • Tourism - diversifying supply and development of related business, for example, by modernizing existing hotels, 5.2 Telecommunications creating adventure parks, recreational villages and theme- The country boosts an ISDN network type restaurants and museums; with international dialing, local access to • Cottage industries, for example, Internet with high speed connection small scale paper manufacturing through ADSL and SL as well as a from banana industry recycling cellular phone network which provides and soap manufacturing; 99% of population with mobile signal. • Services - tertiary services for Some important statistics are: individuals, assistance for the elderly, day nursery and, • Fixed line phones per 100 people • Service provision for businesses 44.47 (2001) like pooled services including • Mobile cell phone per 100 people marketing and human resource 74.78 (2004) development. • Computers per 100 people 20.76 (2004) • Internet users per 100 people5.1 Business Facilities 32.83 (2005)The Martinique Chamber of Commerce Source: Internationaland Industry is in charge of the port, Telecommunication Unionairport, industrial zones and WorldTrade Center. The center employs The metric system of weights andforeign trade specialists to inform measures is used in Martinique.business people on regulations; set up Electricity is A.C. 220 volts, 50 cycles.meetings between local and foreignbusiness people. It also employsinterpreters to effect adequatecommunications at these meetings.At the industrial zones, factory space forrent and in-bond facilities are among thespecial benefits available. These zones 19
    • DOING BUSINESS WITH MARTINIQUE proof of lodging when staying6. CULTURAL PRACTICES with friends or relatives) or rental agreement • Emergency medical insurance for6.1 Business Hours the duration of stay.Commercial: Monday – Friday Persons who have to send their8:00/9:00 a.m. to 12:00/1:00 p.m. documents to an overseas consulate to be2:30/3:00 p.m. to 5:00/6:00 p.m. processed should guarantee the security and quick return of these documents byGovernment: Monday – Friday using a parcel delivery service (FedEx,7:30 a.m. to 1:00 p.m. Star Pack, Quick Pack or DHL). They2:00 p.m. to 5:30 p.m. should also provide for the return of(Some Government Offices close at 1:30 documents using the same means byp.m. at specific days of the week) including a prepaid return coupon when sending the package. The fee for the visa application is Trinidad and Tobago$1006.2 Visa Requirements and it usually takes about five days to process the application.To enter Martinique, nationals of somecountries require a visa. For a stay of Barbados’ nationals and residents shouldless than 90 days forms can be use the French embassy in Trinidad anddownloaded from the French Consulate Tobago. All Organisation of Easternassigned to their country. Caribbean States nationals except theAmong the documents which are holders of St. Lucian passports need agenerally required are: visa to enter into the French Overseas Départements. Bearers of a Saint Lucian • Two identical passport-sized passport can spend 15 days or less in the photographs on a white French Overseas Départements without background any visa. • Valid passport (validity exceeding six months and with at OECS nationals applying for a visa must least one full blank page to place pay the following: the visa) • Proof of residency status in • Transit visa -10 € Barbados for holders of non- • Stay between 1 and 30 days - 25 Barbadian passports € • Proof of return ticket • Stay between 31 and 90 days, • Documentary evidence of single entry - 30 € professional/ financial situation: • Stay between 31 and 90 days, job letter, bank statement under multiple entries - 35 € three months old or bank letter • One year visa with multiple • Documentary evidence of entries - 50 € accommodation during your visit: confirmed hotel booking or Payment has to be done in Eastern “attestation d’accueil” (official Caribbean currency at the rate in force. 20
    • DOING BUSINESS WITH MARTINIQUENational of Trinidad and Tobago mustapply in person for visas Interviews areby appointment on Mondays, Tuesdays,Wednesdays and Fridays between 8 and11 a.m. at the French consular section,Port-of-Spain. Appointments should bemade at least two weeks before thedeparture date. The minimum visaprocessing time is 48 hours but can bemuch longer according to individualcases and destinations 21
    • DOING BUSINESS WITH MARTINIQUE Apse Gouraud7. CONTACTS 97233 Schoelcher Tel: (596) 61 61 777.1 BUSINESS AND Fax: (596) 61 22 72GOVERNMENT ORGANISATIONS • Agence pour le Développement • Office Departemental du Economique de la Martinique Tourism Tel: (596) 73 45 81 20, rue Ernest Deproge BP. 520 Website: www.adem- 97206 Fort-de-Francemartinique.org Tel. (596) 63 79 60 E-mail: Fax. (596) 73 66 93b.marimoutou@adem.mq • World Trade Center • Chamber of Commerce of 50 Rue Ernest Deproge BP. 478 Martinique 97241 Fort-de-France (Chambre de Commerce et Tel: (596) 55 28 52/19d’industrie de la Martinique) Fax: (596) 71 66 80 50 Rue Ernest Deproge BP. 478 97241 Fort-de-France • Centre d’Affaires International Tel. (596) 55 28 00 55 Rue Ernest Deproge BP. 478 Fax. (596) 60 66 68 97241 Fort-de-France E-mail: cai@martinique.cci.fr Tel. (596) 55 28 62 Fax. (596) 71 66 80 • Martinique Chamber of Trade • A.D.E.X.M.A (Association des (Chambre des Métiers de la Exportateurs de la Martinique)Martinique) (Exporters Association) 2, Rue du Temple 55 Rue Ernest Deproge Morne Tartenson BP 1194 97241 Fort-de-France 97200 Fort-de-France Tel. (596) 55 29 50 Tel: (596) 71 32 22 Fax. (596) 71 66 80 Fax: (596) 70 47 30 • M.P.I (Association des Petites et • Martinique Chamber of Moyennes Industries) Agriculture (Small Industry Association) (Chambre d’Agriculture de la Bat. Pierre Lot TrompeuseMartinique) 97232 Lamentin Place d’Armes, BP 312 Tel. (596) 50 74 00 97286 Le Lamentin Fax. (596) 50 74 37 Tel: (596) 51 75 75 Fax: (596) 51 76 77 • Tax Authority (Direction des Services Fiscaux • Agence Regional pour le de la Martinique) Development de la Martinique 22
    • DOING BUSINESS WITH MARTINIQUE Hotel des Finances de Forte-de- • Association Martiniquaise pourFrance la Promotion de l’Industrie Route de cluny-BP605 Centre d’Affairs de la Martinique 97261 Fort-de-France Bat Pierre Tel: (596) 59 55 00 2ème étage Fax: (596) 63 00 66 Californie 97232 Le Lamentin • Regional Council of Martinique Tel: (596) 50 74 00 (Conseil Regional de la Fax: (590) 50 74 37Martinique) Rne Gaston Deferre-cluny 97262 Fort-de-France -BP 601 Tel: (596) 59 63 00 7.2 SHIPPING AGENTS Fax: (596) 72 68 10 Website: www.cr-martinque.fr • Antilles Trans Express E-mail: servicecooperation@cr- Bassin Radoub Quai Ouestmartinque.fr 97200 Fort-de-France Tel: (596) 63 21 11 • Customs Department Fax: (596) 63 34 47 (Direction Inter-régionale desDouanes) • C.A.M.A (Compagnie d’Agence Cluny Quartier Plateau Roy BP Multiples Antillaises)630 44 Rue Garnier Pages 97200 Fort-de-France 97200 Fort-de-France Tel: (596) 63 04 82 Tel. (596) 713100 Fax: (596) 63 61 80 Fax. (596) 635440 • General Council of Martinique • C.T.S (Caribbean Trading (Conseil General de la Shipping Services)Martinique) Bld. General Francois Reboul Bd Chevalier Sainte-Marthe 97200 Fort-de-France 97200 Fort-de-France -BP 679 Tel. (596) 60 32 67 Tel: (596) 55 26 00 Fax: (596) 73 59 32 • C.G.M Sud (Compagnie General Maritime) • French National Institute of Av. Maurice Bishop Statistics & Economic Surveys 97200 Fort-de-France (Institut-National de la Tel: (596) 5532 00Statistique & des Etudes Economiques Fax: (596) 63 69 20Center Delgrés Entrée C, 3èmeétage – Bd de la Pointe des sables Les Hauts de Dillon-BP 641 Tel: (596) 60 73 73 7.3 INDUSTRIAL BUSINESS Fax: (596) 60 73 60 CONSULTANTS • Europe Caraibe Consultant 23
    • DOING BUSINESS WITH MARTINIQUE 9 Resid. La Sylve rue Gardenia (Staff training consultant) 97232 Fort-de-France Tel. (596) 60 49 00 • Gidef Martinique Fax. (596) 60 51 70 Jeanne d’Arc Quartier Petit-Pre (Foreign trade consultant) 97232 Lamentin Tel: (596) 506811 • G.M Conseil Fax: (596) 506901 57 Avenue Condorcet (Staff training consultant) 97200 Fort-de-France Tel: (596) 60 56 86 • Colagest Fax: (596) 71 66 40 Z.I Petite Cocotte (Foreign trade consultant) 97224 Ducos Tel: (596) 56 37 66 • Millon-Devignes Michelle Fax: (596) 56 37 56 76 bis rue Devard Ambroisine (Consultant in organization 97200 Fort-de-France administration & management) Tel: (596) 75 59 19 (Business and Management • Kappa Consultantconsultant) Resid. Beau Pre 3 Rte. Du Phare 97200 Fort-de-France • K.P.M.G (Fiduciaire de France) Tel: (596) 61 07 92 Centre d’Affaire de Dillon Fax: (596) 61 91 74Valmeniere Bat. D (Consultant in organization 97200 Fort-de-France administration & management) Tel. (596) 50 16 30 Fax. (596) 50 55 49 • Top Management (Auditor) Resid. Allende Morne Dillon 97200 Fort-de-France • Janvier Romain (Auditor) Tel: (596) 73 10 38 Bat. A Centre d’Affaire Fax: (596) 73 10 46Californie (Consultant in organization 972232 Lamentin administration and management) Tel: (596) 50 96 00 Fax: (596) 50 96 01 • Sogestrat 4 Rue Anatole France • C.G.F (Comptabilite Gestion 97200 Fort-de-France Fiduciaire) Tel: (596) 60 17 09 Voie 5 rue Prof. Garcin Fax: (596) 60 17 10 97200 Fort-de-France (Market research) Fax: (596) 64 22 24 (Auditor) • M Consultant-Groupe IPSOS • J.P.P Formation et Conseil Hab. Desfourneaux 36 lot. La Moville Balata 97212 St. Joseph 97200 Fort-de-France Fax: (596) 57 93 20 Tel: (596) 647676 (Market Research) Fax: (596) 647666 24
    • DOING BUSINESS WITH MARTINIQUE • Infoplus Telemedias (Market Tel: (596) 79 95 45 research) Fax: (596) 79 95 11 Morne Boyer 26 Cite Pinel (Advertising publisher) 97233 Schoelcher Tel: (596) 61 61 34 • Les Editeurs Locaux Fax: (596) 61 61 92 126 Rue Victor Hugo 97200 Fort-de-France Tel: (596) 71 82 007.4. ADVERTISING AND Fax: (596) 71 83 38PUBLICITY (Advertising publisher) • C’Direct Stracom • Pams Choubouloute Lot. Acajou Californie 32 Rue Perrinon 97232 Lamentin 97200 Fort-de-France Tel: (596) 50 85 60 Tel: (596) 63 23 02 Fax: (596) 50 85 70 Fax: (596) 60 57 66 (Advertising consultant) (Advertising publisher) • Despointes Claude Centre Dillon Valmeniere 97200 Fort-de-France 7.4 BANKING INSTITUTIONS Tel: (596) 60 35 24 Fax: (596) 60 41 02 •Central Bank (Advertising consultant) Caisse Centrale de Cooperation Economique • Havas Martinique BP 804, 12 Bld. Du General de Rue Pietonne ZAC Riviere GaulleRoche 97200 Fort-de-France 97200 Fort-de-France Tel: (596) 73 31 02 Tel: (596) 42 56 78 Fax: (596) 42 56 60 • Commercial Banks (Advertising consultant) Banques des Antilles Francaises (B.D.A.F) 28 rue Lamartine 97200 Fort-de-France Tel: (596) 60 72 72 • Crea Com 20 Rue Robespierre 97200 Fort-de-France Tel: (596) 70 52 21 • Banque National de Paris (BNP) Fax: (596) 70 52 22 Cite Artisanale Dillon (Advertising publisher) 97200 Fort-de-France Tel: (596) 75 08 18 • Kromwell Jean-Marc 20 lot. Alizes Redoute • Caisse Regionale du Credit 97200 Fort-de-France Agricole Mutuel 25
    • DOING BUSINESS WITH MARTINIQUE Place d’Armes rue Case-Negres 97232 Lamentin Tel: (596) 66 59 39 Fax: (596) 51 51 37• Societe Generale de Banque aux Antilles (SGBA) 19 Rue de la Liberte 97200 Fort-de-France Tel: (596) 63 11 00 Fax: (596) 73 85 57• Caisse Federal de Credit Mutuel Antilles Guyane Rue Prof. Raymond Garcin 97200 Fort-de-France Tel: (596) 63 53 00 Fax: (596) 71 49 58 26
    • DOING BUSINESS WITH MARTINIQUE8. APPENDICESTable 1: Commercial Firms –Distribution by Sector (2005) 0-9 workers 10 workers 10 & more Total Trade 5,813 60 274 6,147 Industry 2,096 51 308 2,455 Services 8,180 58 268 8,506 Other 133 3 136 Total 16,222 169 853 17,244Source: CCIM Fichier des EntreprisesTable 2: Tourist Arrivals 2003 2004 2005 2006 05/04 %1 06/05%2Long stay 453 160 470 890 484 127 503 475 2.8 4 SouCruising 268 542 159 416 93 063 96 089 -41.6 3.3 rce:Pleasure 39 777 44 572 29 759 31 975 -33.2 7.4 CoOther 24 230 21 423 32 111 23 674 49.9 -26.3 mitéExcursionists MarTOTAL 785 709 696 301 636 060 655 213 -8.2 2.5 tini quais du TourismeN.B - 05/04 %1 denotes percentage growth in 2005 over 2004 06/05 %2 denotes percentage growth in 2006 over 2005Table 3: Number of active workers 2005 SourType Total Banana % of Total Sugar % of Total ce:Family 5,182 1,197 23 374 7 AgrPermanent 4,328 3,491 81 814 19 esteemployees -Paid seasonal 2,790 1,378 49 426 15 EnqTotal 12,300 6,066 49 1,614 13 uêteAnnual work Unit 8,347 4,647 56 1,196 14 Stru cture 2005 27
    • DOING BUSINESS WITH MARTINIQUETable 4: Balance of TRADE (€ millions) 2003 2004 2005 2006 Imports 1,914.5 2 010.5 2,253.8 2,500.0 Exports 340.7 314.3 392.3 498.1 Trade deficit 1,573.8 1 696.2 1,861.5 2,000.0 Cover rate 17.8% 15,6% 17.4% 19.5%Source: Directorate-General of the CustomsN.B 2006 numbers are estimates from information provided by INSEE. 28
    • DOING BUSINESS WITH MARTINIQUETable 6: Hotel stock Martinique Area/Metropolitan Sour France (%) ce: 2006 2007 2007 INS EE,Classified hotels 99 92 0,5 Dire ctio 0 star 33 30 1,5 n of 1 star 4 4 0,3 Tour 2 stars 28 21 0,2 isme 3 stars 30 31 0,8 4 stars and luxury 4 6 0,7 TablNot classified hotels of chain 0 0,0 e 7: Agri cultA number of rooms classified 4 747 4 846 0,8 urehotels Lan 0 star 750 728 1,1 d 1 star 66 65 0,2 use 2 stars 949 640 0,2 3 stars 2 585 2 670 1,5 4 stars and luxury 397 743 1,2A number of rooms not 0 0 0,0classified hotels of chain Land use 2004 2005 Production 2005 (ha) (ha) tonnes Aromatic and medicinal crops, condiments 80 70 377 Sugar cane 3,690 3,780 214,144 Fruit bear crops excluding bananas 315 270 5,048 Banana 8,600 7,650 260,361 Vegetable culture* 2,682 2,2238 41,120 Total arable land 18,154 17,024N.B. This includes tubers, roots and bulbs; Fresh and dry vegetablesSource : Agreste - Statistique Agricole Annuelle 29