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Summary of Investment Conclusions
The Peace Accords signed in 1992 marked the beginning of a new road towards development for El Salvador. Three democratically-elected governments promoted reforms in the political, economic and social areas to achieve levels of stability centered within a healthy economy, a growing financial system and a judicial security frame favoring domestic and international investments. The operations potential for any Salvadoran company grows in importance given the specifications of its geographical location, extension of the Central American market, taking advantage of the free trade conditions within the area and the advantages granted by Trade Agreements with third countries.
Conditions strengthened by the human ingredient, one of the main treasures of the Country. Salvadorans are hard working people, whose working capacities are well-known at world-wide levels
El Salvador has based its development on aggressive processes on the following:
• Commercial Opening leading to tax reduction
on final goods imports at 15% as ceiling, with an average
tariff of 7%; raw materials and capital goods pay no
taxes
• Modernization of the Government through diverse
privatizations, such as banks, power companies, telecommunications
and pensions systems, which translates into offering
highly competitive services in the country
• Customs Modernization, giving flexibility to
all procedures through the offices of TELEDESPACHO,
being able to carry out on line operations.
• Tax Reforms, which reduced the income tax payments
for corporations to 25% and established the Added Value
Tax (IVA, VAT) at 13%.
• Monetary integration, which gives the U.S. dollar
free circulation and set the exchange rate at 8.75 colones
per US dollar
Negotiations Process:
Different operating options are necessary in order to market products in Salvadoran territory::
A) Dependant
Agent
According to Art. 384 of the Commerce Code, the Dependant
Agent is defined as the person in charge of promoting
business on behalf of a principal, in a determined area
or region, domiciled in El Salvador or in another country,
and to inform this principal all the proposals for his
acceptance. The dependant agent is subordinated to the
principal.
B) Representative or Distributor
El Art. 392. of the Commerce Code defines the representative or distributor agent as the individual or company who continuously with or without legal representation and by contract has been designated by a principal to become the agent, representative or distributor of determined products or services in the country.
Whenever the agent, representative or distributor should not act by own account, but following instructions from its principal, he will not be liable if case of non-compliance; in this case, his responsibilities are limited to strict compliance of instructions received from the principal.
The agency-representation or distribution could be exclusive
or of any other type agreed upon by the parties..
C) Agente Intermediario
The intermediary agents do not oblige the parties between themselves. Those contracts entered into with their intervention will be proven and executed in accordance with their nature, without attributing any public function whatsoever to the intermediaries. These could be individuals or companies.
The customary exercise of intermediation requires the authorization by the Superintendence of Societies and Mercantile Companies, or of the office designated for these matters and the intermediary will be subject to the observance of special laws and regulations on these issues. The intermediary will present a guarantee before the referred to Superintendence or office in charge of responding to customers and third parties of damages that might be caused, as prior requirement to be authorized.
D) Franquicias
This has been a very successful modality; it initially began with the fast food line, however this has grown in other fields as well.
E) Alianzas estratégicas
y Licencias
In El Salvador, globalization has brought on this operating
alternative, in which they enter into the domestic or
regional market by means of an alliance between a foreign
company and a local one.
F) Oficina
de ventas (sucursal)
Establishing a sales office in El Salvador requires its registration at the National Registration Center of the Firm's Name, as well as at the Contributors Registry Office (VAT), Tributary Identification Number (NIT for its initials in Spanish), etc. This process is simplified by the National Investments Office (ONI for its initials in Spanish) of the Ministry of Economy, which centralizes the different matters and speeds the authorizations for start-up of the company.
The Salvadoran market is open to
products coming in from other countries; a highly dynamic
importing sector has developed, offering the consumers
a broad variety of products with highly competitive prices
and quality.
These products move based on the information they offer
the consumers; the mass media in country, such as ratio,
press and television, are widely used for this purpose.
Depending on the market niche to be penetrated, in this
same manner will the information resource be used. For
example, for mass consumption products, radio and television
would be used
The distribution of the different products in the Salvadoran market will be carried out using several mechanisms:
- Establishing a sales office that
will be in charge of promoting, selling and distributing
the products with its own labor force.
- Distributing the products through
agents or local distributors with whom links have
been established.
- Distributing the products through wholesalers or tradesmen established in the local markets.
In general, mass consumption goods are
efficiently distributed using a local importer (distributor
or wholesaler) who takes advantage of its established
contacts and business networks to channel the products
into the Salvador market, at a national level.
Regarding industrial goods, these are mainly handled
by an Agent/ Distributor who works on specific commission
basis. There are importers / distributors as well, who
may be working with some of these lines.
The purchase of machinery and equipment is generally
made directly through the suppliers in foreign countries.
Mention must be made to the fact that sales and distribution
of foreign products in the Salvadoran market is done
directly between the importer and final consumer and/or
buying agents at institutional levels, for which they
have specialized sales staff.
The following recommendations are made, for those entrepreneurs who wish to establish commercial relations in El Salvador:
Business
luncheons and breakfasts are very common activities
in the businessmen's agendas.
Appointments
must be made in advance and it is expected they are
met with an acceptable margin of punctuality. Should
there be any type of delay or inconvenience, it would
be expected that the persons you are meeting with, be
informed.
Whenever going to a business appointment it is recommended
to bring along business cards. Business meetings usually
begin with the exchange of personal business cards.
Hand shake is the usual greeting between men and women..
It is important to have a local lawyer who will offer
advisory services and to follow-up on all proceedings
particularly at the time of formalizing its operations
in the country.
It is quite frequent that in El Salvador the business
executives speak English, however, it is preferable
to be assured if it is necessary to be accompanied by
an interpreter in order not to have any delays in communications
at the moment of attending meetings.
It is advisable to bring samples of the products, to
facilitate the presentation of the goods and talk about
its advantages.
On dress code matters, casual wear is customary for
day wear and formal suit for some special meetings;
it is indispensable to use suits for evening events,
unless otherwise mentioned.
As part of the Salvadoran culture, it is very important
to cultivate interpersonal relations and in the business
environment, it facilitates keeping a very satisfactory
business link.
| Arrangements for company operations |
If a company is to be established in the country, there are a series of procedures which are obligatory to be put in place in order for them to operate commercially. Hiring the services of a local lawyer is recommended to give guidance and advice on the different procedures necessary to establish a company, creation and registration of the company, authorization of the accounting system, legalization of accounting books, commerce license, requesting the Tax Identification Number (NIT) and VAT Identification card, among others. To facilitate all of these arrangements, there is the unique window at the National Investments Office, ONI, of the Ministry of Economy, where these can be quickly obtained.
Regarding import and export arrangements, these can be
made on line, through the services of a customs broker,
as the TELEDESPACHO System is already working.
More information may be found regarding necessary procedures for the establishment and operation of a company, under section of this Business Guide.
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