Mongolia’s
main economic and political challenges
Both the International Monetary Fund (IMF)
and World Bank estimate 2014 GDP to decline to 9.5%; and 2015, depending on
Mongolian policy decisions, may range from a high of 12% to as low as 2%.
The IMF cites loose fiscal and monetary
policies as likely causes for negative economic adjustment. (For IMF:
http://www.imf.org/external/pubs/ft/scr/2014/cr1464.pdf;
For WB:
http://www.worldbank.org/en/news/feature/2014/07/03/mongolia-economic-update-july-2014.)
As with GDP, Foreign Direct Investment (FDI) has steadily declined,
constraining development of the mining and infrastructure sectors.
In 2012, FDI invested in Mongolia (mostly
in the mining sector) reached USD $3.9 billion, which amounted to approximately
40% of that year’s GDP. In 2013, FDI had contracted by nearly 45%. In the first
five months of 2014, Mongolia’s central bank reported that FDI through May was
US $402.3 million compared to US $1.11 billion a year ago—a 64% year-on-year
decline. Two factors have and will continue to affect Mongolia’s economic
condition.
First, more than 90 percent of Mongolia’s
exports consistently go to China; and so, any slowing of China’s growth affects
Mongolia. Second, economic policies designed to protect Mongolia’s sovereign
interests and to respond to the expectations of the Mongolian public have
discouraged FDI – despite statements from Mongolia’s senior politicians that
the government is committed to improving the business environment, reigniting
foreign direct investment flows, and fostering Mongolian growth. Recent policy
decisions have been influenced by the political realities of a coalition government
representing multiple platforms, which has complicated reaching consensus on
politically sensitive issues. There are a range of views represented within
parliament on what constitutes an appropriate legal and regulatory framework
for mining and other activities. Statutes and regulations are thus often
crafted in a manner which incorporates multiple approaches and political
imperatives. Investors have told us that this approach to legislation and
regulation can give the impression that laws are hastily passed and that
regulations are slowly created and partially implemented.
Some investors are concerned that criticism
from some political quarters of current investment agreements and statutory
obligations undertaken by past governments portends that commitments may not be
fully respected. Investors and companies may likely encounter bumpy short-run
trends as Mongolia continues to come to terms with its mining endowments and
how to bring them to the outside world, while satisfying domestic expectations that
the mining sector should benefit the public. Investors may perceive, and have
to accept that, the current political process creates an unclear policy
environment that may increase investment risk, while Mongolian politicians see
the process as yielding the necessary level of political comity. However, in
the medium to long term, those willing to manage these issues and relationships
with local partners with open eyes may find attractive opportunities in the
aforementioned industries and sectors. Chapter 1: Openness to, and Restrictions
upon, Foreign Investment 1.1. Attitude toward FDI The Government of Mongolia
(GOM) has consistently said that it supports foreign direct investment (FDI) in
all sectors.
Throughout 2013 and well into 2014, the
President of Mongolia, Ts. Elbegdorj, and other senior officials have publicly
stated in a variety of international and domestic venues that the GOM will keep
key foreign investment commitments and pass investor-friendly legislation,
because they recognize the value of FDI for Mongolia. On May 8, Parliament
passed a resolution on “measures to spur economic activities” identifying steps
to improve foreign currency flows, lower risk, and improve the business and
investment environment; and on July 1, passed long-awaited amendments to the
Minerals and Petroleum Laws respectively.
However, some investors assert that
Mongolia’s support for FDI remains more aspiration than reality. Specifically,
they report that, reform of a key investment law and resource laws
notwithstanding, resolving disputes with Rio Tinto expeditiously according to
the terms of the Investment and Share Holders Agreements and then moving to
complete development of the Oyu Tolgoi (OT) project will explicitly demonstrate
the GOM’s commitment to the transparent rule of law, sanctity of contracts, and
free market principles. Settling the outstanding issues with respect to OT will
do much to convince hesitant investors that the GOM is able and willing to
translate positive intentions into a welcoming and productive environment for
investment.