AGRI_Annex_2_Final_Surveys_DRAFT.pdf

Annex 2: AGRI Surveys by Topic

Table of Contents

Indicators and Contributors by Topic

Obtaining Inputs Survey – Seed

Obtaining Inputs Survey – Fertilizer

Starting and Operating a Farm Survey

Accessing Rural Land Survey

Accessing Finance Survey

Trading Agricultural Goods Survey

Enabling Contact Farming ………………

Scoring Guidelines and Indexes……………………………………………………………………………………………….58

Case Study Data and Sources…………………………………………………………………………………………………..67

Indicators and Contributors by Topic

Topic Indicators Contributors Obtaining Seed

(1) Procedures, time, and cost for operational licenses for seed suppliers and (2) new seed variety registration

- Seed Supplier (Importer, Distributor, Retailer)

- Ministry Official

- National Seed Agency and/or

- Ministry of Agriculture

- National Agricultural Research Organization

- Agro-Input Dealers Association

- Seed Association

Obtaining Fertilizer

(1) Procedures, time, and cost for operational licenses for fertilizer suppliers and (2) index on legal framework for fertilizer

- Fertilizer Supplier (Importer, Distributor, Retailer)

- Ministry Official

- Fertilizer Authority -Ministry of Agriculture -Fertilizer procurement/subsidy program

- Fertilizer Dealer/Industry Association

- Agro-Input Dealer Association

Starting and Operating a Farm

Procedures, time, and cost to register a medium-sized farm as a business and to obtain other licenses (including trading licenses, environmental impact assessment, agro-input storage, employee safety/health, water permits, etc.)

- Agribusiness – Farm

- Agribusiness Association

- Farmers’ Union

- Companies Registrar

- Ministry of Agriculture Official

- Chamber of Commerce

- Investment Authority

- Attorney – Agribusiness

- Commodity-specific Producer/Trader Association

Accessing Rural Land

(1) Procedures, time, and cost to transfer rural land, (2) index on access to property registration information, and (3) index on leasing land.

- Land Attorney

- Ministry Official – Land

- Academic Land Rights Experts -Notary

Accessing Finance

(1) Index on types of agriculture-specific collateral allowed by legal and regulatory framework, (2) index on access to and functioning of movables collateral registries, and (3) index on legal framework for warehouse receipts systems.

- Banker/Loans Officer

- Finance Attorney

- Collateral manager

- Movables registry official

- Non-Bank Financial Institution/Microfinance Institutions

- Farmers’ Union

- Development Bank

- Warehouse Receipts System/ Commodities Exchange

- Regulator

- Warehouse operator

- Trader

- Bank partnering with WRS or Commodities Exchange

Trading Agricultural Goods

(1) Documentation, time, and cost to export a widely-traded agricultural commodity, (2) index on the legal framework for phytosanitary certificates, (3) documentation, time and cost to import hybrid seed, and (4) index on trade facilitation measures.

-Import/Export Agribusiness

- International Freight Forwarder

- Customs Broker

- Exporters/Trade Association

- Government Official

- National Plant Protection Organization (NPPO)

- Customs/Revenue Authority

- Trade Promotion Agency

- Seed Importer

- Seed Association

Enabling Contract Farming

(1) Index on the legal framework for contract farming, (2) index on the system of grades and standards for a widely-traded commodity, and

(3) index on access to alternative dispute resolution (ADR) mechanisms, small claims court, or expedited court procedures.

- Contracts Lawyer

- Arbitrators

- Mediators

- Government Official

- National Plant Protection Organization (NPPO)

- Ministry of Agriculture -Bureau of Standards

- Ministry of Commerce

-Private Agribusiness Involved with Grades and Standards -Crops Associations -Farmer Associations -Codex Alimentarius point of contact

Multiple - NGO

- Research Organization

- Industrial Group/Large Agribusiness

- Government – Ministry of Commerce

- Government – Regulatory Strategy

- Farmers’ Cooperative

- Investment Promotion Agency -Agribusiness Consultants

USAID-Enabling Agricultural Trade (EAT) program 1405 Rhode Island Ave NW, Washington D.C. 20005, Tel: 202-621-7349, eat@fintrac.com

Obtaining Inputs Survey – Seed – [COUNTRY]

Dear Contributor, Thank you for participating in the Agribusiness Regulation and Institutions (AGRI) Index pilot project. Your input and expertise in the agricultural sector is critical to the success of the AGRI Index, a USAID-funded pilot being implemented by the Enabling Agricultural Trade (EAT) project.

The AGRI Index is a cross-country benchmarking tool to identify and measure key regulatory and administrative burdens faced by agribusinesses. The index will provide an objective basis for understanding and improving the enabling environment for agribusinesses through discrete, quantifiable indicators that capture the impact of regulations that apply throughout the lifecycle of an agribusiness. The AGRI Index is intended to be used by governments around the world to inform policy and regulatory reform in the agricultural sector.

The “Obtaining Inputs” survey is one of 6 topics of the AGRI Index. The following survey evaluates the official procedures, time and cost required to obtain the licenses necessary to fully operate as a seed supplier, to register a new seed variety, and to import hybrid seed. The intent of gathering this information is to identify areas where regulatory and administrative procedures can be improved and streamlined, based on real-world data provided by experts such as yourself.

For the AGRI Index survey, we ask that you please:

• Carefully review the assumptions of the case study before completing the survey

• Respond to the survey questions based on your experiences working with agribusinesses

• Provide any necessary explanations and references to applicable laws and regulations

We would greatly appreciate if you could return the completed survey by [DATE] to nrindler@fintrac.com and ydonahoe@fintrac.com.

Thank you again for your important contribution towards improving the agribusiness enabling environment.

Best regards, Nate Kline, Chief of Party USAID-Enabling Agricultural Trade (EAT) project mailto:eat@fintrac.com mailto:nrindler@fintrac.com mailto:ydonahoe@fintrac.com

Primary Contributor Information

Please provide the following information for the primary contributor completing this survey. We may publish the name, title and organization of contributors in the AGRI Index report. If you do not want your name published, please let us know.

Name Title (Mr., Mrs., Ms., etc.):

First Name:

Last Name:

Position (e.g. manager, associate, partner):

Profession (e.g. lawyer, judge, association member):

Contact Details Company name:

E-mail address:

Phone:

Fax:

Website:

Company Address Street:

City:

P.O. Box:

State/Province:

Zip/Postal Code:

Country:

Additional Contributors

Please provide the following information for any additional contributors who assisted in completing this survey.

Name Occupation Email Phone Address (if different from above)

[Title] [First Name] [Last Name]

[Firm] [Position] [Profession]

[Street] [State/Province] [City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

Case Study Assumptions

Please provide responses to the survey questions based on the case study assumptions below.

Seed Supplier

Engages in the import, storage, wholesale and/or retail sale of hybrid seed of the most widely traded staple grain in the country. Does not engage in seed growing or multiplication.

Registers a new proprietary staple grain variety of the most widely traded staple grain in the country. The variety has not been registered in another country.

Operates in [COMMERCIAL CAPITAL OF THE COUNTRY].

Domestic, non state-owned enterprise.

Import Product

– Hybrid Seed

Hybrid seeds imported in a standard 40-ft container, packed into 20-kg sacks, 400 such sacks (on pallets of 20 sacks each) per container, and valued at

US$20,000.

The shipment is imported from [COUNTRY]’s largest trading partner through the main point of entry for seed imports. The point of entry may be a seaport or an inland border post.

Most commonly used point of entry in [COUNTRY] for import of hybrid seed:

Definitions

Procedure: Any interaction of the seed supplier’s owner, manager or employees with external parties, including any relevant government agencies, lawyers, auditors, notaries, public and private inspectors and technical experts. Interactions among the owner, manager or employees of the seed supplier are not counted as procedures. All procedures that are legally or in practice required for the seed supplier to operate within its respective normal business functions are counted.

Time: Recorded in calendar days and captures the median duration of each procedure. The time span for each procedure starts with the first filing of an application or request or the start of a required activity, and ends once the seed supplier has received a final document or completed the required activity. For example, it includes the time to make an appointment with a notary or any waiting time once documents are filed. Where the time required to complete a procedure is highly unpredictable, provide a range from low to high in addition to the median. The minimum time for a procedure is 1 day.

Costs: In local currency [LCU] unless otherwise specified. Only include official fees and taxes. Bribes are excluded. If possible, please indicate the relevant fee schedule or calculation formula – for example, as a percentage of the company’s capital. Professional fees (notaries, lawyers or accountants) are only included if the seed supplier is required to use such services by law.

Agency: Indicate name and level of agency (Municipal/City, Regional/State, National, or Private Professional).

A. Licenses and Permissions for Seed Supplier

Please describe every procedure required for the seed supplier described in the case study to obtain all necessary licenses and permissions to be fully operational and appropriately registered. For example, this may include licenses to import, distribute, store, and sell hybrid seed, environmental impact assessments, local trading licenses, and health and safety licenses. This also includes any applicable inspections. Where inspections are required as a separate procedure, please list separately and note any waiting times for inspectors.

Please include references to applicable laws and regulations (including fee schedules), information on renewal periods for licenses, and any other necessary explanatory details or additional assumptions required. Please add boxes for additional procedures as needed.

1. Procedures to Obtain Licenses/Permissions to Import & Trade

Procedure 1 [ Name of Procedure ] Time [ ] days Cost [ ] Agency [ ] Agency Level [ ] Details [ ]

Procedure 2 [ ] Time [ ] days Cost [ ]

Procedure 3 [ ]

2. Procedures to Obtain Licenses/Permissions to Distribute & Sell (national and local)

Time [ ] days Cost [ ]

3. Procedures to Obtain Other Licenses/Permissions

Time [ ] days Cost [ ]

B. Registering a Proprietary Staple Grain Variety

Please describe the full sequence of procedures necessary for the company described in the case study to properly register the new proprietary staple grain variety. These typically include application, field testing, technical review, and approval and official release of the variety. Please include references to applicable laws and regulations and any necessary explanatory details or additional assumptions

Application

Agency [ ] Agency Level [ ]

(Please specify documentation and technical analysis requirements)

Field Testing Is the Distinctness, Uniformity, and Stability (DUS) test required? [ ] YES [ ] NO Number of Seasons [ ] Number of Testing Locations [ ]

Is the Value for Cultivation and Use (VCU) test required? [ ] YES [ ] NO Number of Seasons [ ] Number of Testing Locations [ ]

Other field testing requirements (please list) [ ] Total time for field testing [ ] days Total cost for field testing [ ] Can VCU test be undertaken simultaneously with the DUS test? [ ] YES [ ] NO

Technical Review [ ] days Cost [ ]

[ ] Agency Level [ ]

Approval and Official Release

Listing in National Catalog or Gazette (only if required to market the new seed variety)

Other procedures [ Name of Procedure ]

Please respond to the following questions on plant variety registration and protection. Please include references to applicable laws and regulations and any necessary explanatory comments.

Question Response Comments

Does the authority in charge of seed variety registration accept testing data from the breeder as the official test? (e.g. breeder conducts DUS and VCU trials and seed authority audits the process)

[ ] YES

[ ] NO

Do current regulations allow for a faster or facilitated registration process for seed varieties that have already been registered or field-tested in another country?

[ ] YES

[ ] NO

a. If YES, with which country(s) and what is the facilitated process?

Is [COUNTRY] party to a regional agreement with respect to common procedures for variety testing, registration, and/or release?

[ ] YES

[ ] NO

a. If YES, is the regional agreement effectively implemented in practice?

[ ] YES

[ ] NO

C. Import of Hybrid Seed

Please provide details on the procedures, time, cost, and documentation for the import of hybrid seed as described in the case study. Please list costs in US dollars. If significant delays are typically experienced, please note the cause of such delays in the “Comments” sections – for example, import shipments are sent to another location for testing for customs clearance or there is a lack of trained inspectors or laboratory facilities.

1. License and Document Preparation

Please include all applicable documentation required for customs clearance by customs authorities, port or border authorities, health and technical control agencies, and other government ministries. List each necessary document separately, such as phytosanitary certificate, certificate of origin, certificate of conformity, packing list, road manifesto, commercial invoice, import permit or customs import declaration, inspection results, terminal handling receipts, or bill of lading.

Import Documents and Licenses

Document Obtained from:

Submitted to:

Time (days) Specify if in hours

Cost (US$) Doc. fees

EXAMPLE: Import permit Chamber of Commerce

Customs official

2 10

1.

2.

3.

4.

5.

6.

7.

8.

Total time and cost for document preparation [ ] days [ ] USD

• Which documents can be obtained simultaneously?

Comments: [ ]

2. Customs clearance

Please describe the typical customs clearance procedures, including any relevant cargo inspections.

For inspections, list the total average time and cost in practice, including wait time for inspectors and payment time. Please list the government agency(s) involved for each procedure, as applicable.

Please elaborate on each customs procedure in the Comments box, as needed.

Customs Clearance Procedure Time Agency

1. Time from arrival of goods to lodgment of customs declaration (includes queue/wait time, unloading time, and time to deliver goods to temporary storage)

2. Lodgment of customs declaration and customs documentary control

3. Inspections – please list only if the inspection typically occurs.

a. Customs tax/duty valuation inspection

b. Quality/standards inspections (including laboratory analysis, if required)

c. Health & safety inspection

d. Security inspections and pre-shipment inspection

e. Other inspections, please specify: [ ]

4. Payment of duties/taxes

5. Release of goods and removal from the seaport or land border post premises

6. Average TOTAL time for customs clearance (from arrival of goods to cargo release)

7. Minimum and maximum TOTAL time for customs clearance (from arrival of goods to cargo release)

8. Which activities above are carried out simultaneously? [ ]

Import Cost (USD)

9. Administrative charges for customs clearance

10. Customs brokers charges

11. Inspection fees

12. Other, please specify:

13. TOTAL cost for all the above

14. Are informal facilitation payments (e.g. bribes) common for clearing import goods?

D. Trade Facilitation Index

Please respond to the following survey questions on the extent to which the legal framework facilitates the international trade of agricultural goods. Please include references to applicable laws and regulations and any necessary explanatory comments.

Can the documents required to import/export agricultural goods be submitted in advance of the consignment’s arrival at Customs? Please specify which documents.

☐ All documents ☐ Some documents ☐ No documents

Can the documents required to import/export agricultural goods be submitted electronically? Please specify which documents.

☐ All documents ☐ Some documents ☐ No documents

Do Customs and other agencies utilize a risk management system to screen goods for physical inspection?

☐ YES

☐ NO

If YES, is the risk management system electronic? ☐ YES

☐ NO

Does Customs use audit-based controls to reduce the frequency of cargo inspections for trusted traders?

☐ YES

☐ NO

Are all required physical inspections of goods (by ☐ YES [ ]

Customs and any other relevant agencies) carried out at the same place and time?

☐ NO

Are consignments of imported seed allowed to enter [COUNTRY] (and remain in storage) while samples undergo laboratory analysis?

☐ YES

☐ NO

Referrals

Please help us gather additional data for this pilot by referring us to other experts in the private and public sector that are well-suited for completing the “Obtaining Inputs” survey for the agricultural sector.

First Name Last Name Company Position Phone Email Agro-Input Dealer Associations

Seed Suppliers (Importers, Distributors, Retailers)

Lawyers [ ]

Chambers of commerce

Government officials – national seed agency, national agriculture research organization

Others: [ ]

Thank you very much for completing the survey!

Your participation in the AGRI Index pilot to gather important information on the regulatory environment for agribusinesses is greatly appreciated.

Obtaining Inputs Survey – Fertilizer– [COUNTRY]

Thank you for participating in the Agribusiness Regulations and Institutions (AGRI) Index pilot project.

Your input and expertise in the agricultural sector is critical to the success of the AGRI Index, a USAID-funded pilot being implemented by the Enabling Agricultural Trade (EAT) project.

The AGRI Index is a cross-country benchmarking tool to identify and measure key regulatory and administrative burdens faced by agribusinesses. The index will provide an objective basis for understanding and improving the enabling environment for agribusinesses through discrete, quantifiable indicators that capture the impact of regulations that apply throughout the lifecycle of an agribusiness. The AGRI Index is intended to be used by governments around the world to inform policy and regulatory reform in the agricultural sector.

The “Obtaining Inputs” indicator topic is one of 6 topics of the AGRI Index. The following survey evaluates the official procedures, time and cost required to obtain the licenses necessary to fully operate as a fertilizer supplier and the legal framework for fertilizer distribution. The intent of gathering this information is to identify areas where regulatory and administrative procedures can be improved and streamlined, based on real-world data provided by experts such as yourself.

For the AGRI Index survey, we ask that you please:

• Carefully review the assumptions of the case study before completing the survey

Thank you again for your important contribution towards improving the agribusiness enabling mailto:eat@fintrac.com publish the name, title and organization of contributors in the AGRI Index report. If you do not want your name published, please let us know.

Last Name:

Position (e.g. manager, associate, partner):

Profession (e.g. lawyer, judge, association member):

Contact Details Company name:

E-mail address:

Phone:

Fax:

Website:

Company Address Street:

City:

P.O. Box:

State/Province:

Zip/Postal Code:

Country:

Please provide the following information for any additional contributors who assisted in completing this

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

Fertilizer Supplier

• Engages in the import, storage, wholesale and/or retail sale of chemical fertilizer for plants.

• Does not manufacture or repackage fertilizer.

• Operates in [COMMERCIAL CAPITAL OF COUNTRY].

• Domestic, non-state-owned enterprise (unless there is a state monopoly).

Procedure: Any interaction of the fertilizer supplier’s owner, manager or employees with external parties, including any relevant government agencies, lawyers, auditors, notaries, public and private inspectors and technical experts. Interactions among the owner, manager or employees of the fertilizer supplier are not counted as procedures. All procedures that are legally or in practice required for the fertilizer supplier to operate within their respective normal business functions are counted.

Time: Recorded in calendar days and captures the median duration of each procedure. The time span for each procedure starts with the first filing of an application or request or the start of a required activity, and ends once the fertilizer supplier has received a final document or completed the required activity. For example, it includes the time to make an appointment with a notary or any waiting time once documents are filed. Where the time required to complete a procedure is highly unpredictable, provide a range from low to high in addition to the median. The minimum time for a procedure is 1 day.

Costs: Only include official fees and taxes. Bribes are excluded. If possible, please indicate the relevant fee schedule or calculation formula – for example, as a percentage of the company’s capital.

Professional fees (notaries, lawyers or accountants) are only included if the fertilizer supplier is required to use such services by law.

A. Licenses and Permissions for Fertilizer Supplier

Please describe every procedure required for the fertilizer supplier described in the case study to obtain all necessary licenses and permissions to be fully operational and appropriately registered. This also includes any applicable inspections. Where inspections are required as a separate procedure, please list separately and note any waiting times for inspectors.

Please include references to applicable laws and regulations (including fee schedules), information on renewal periods for licenses, and any other necessary explanatory details or additional assumptions

1. Procedures to Obtain Licenses/Permissions to Import

Time [ ] days Cost [ ]

Agency [ ] Agency Level [ ] Details [ ]

2. Procedures to Obtain Licenses/Permissions to Distribute & Sell (national and local)

Procedure 1 [ Name of Procedure ] Time [ ] days Cost [ ]

3. Procedures to Obtain Licenses/Permissions to Store & Dispose of Product

Time [ ] days Cost [ ]

Agency [ ] Agency Level [ ] Details [ ]

4. Procedures to Obtain Other Licenses/Permissions Procedure 1 [ Name of Procedure ] Time [ ] days Cost [ ]

Agency [ ] Agency Level [ ] Details [ ]

Procedure 3 [ ] Time [ ] days Cost [ ]

B. Legal Framework for Fertilizer Distribution

Please respond to the following survey questions on the extent to which the legal framework and policy/institutional environment facilitates the development of a private sector fertilizer industry that provides timely, affordable, and quality fertilizer. Please include references to applicable laws and regulations and any necessary explanatory comments.

Question Response Comments

1. Is there a fertilizer law(s) and regulations? If YES, please list the names of all laws/regulations in the Comments box. If NO, please skip to Question 3.

☐ YES

☐ NO

2. Does the fertilizer law or regulations specify the following:

a. Set truth-in-labeling guidelines? (e.g. fertilizer bag labels must include [COUNTRY] official language(s), net weight or volume, “guaranteed analysis” of minimum levels of nutrients claimed, directions for use, and health and safety precautions)

☐ YES

☐ NO

b. Prohibit the sale of open, mislabeled, or adulterated bags of fertilizer?

☐ YES

☐ NO

c. Establish rules to accredit third parties to certify fertilizer quality? (e.g. an accredited private laboratory)

☐ YES

3. Is there a regulatory body (such as the Ministry of Agriculture) with the mandate to enforce the law and regulations by punitive action? If YES, please provide the name of the relevant regulatory body(s) in the Comments box. If NO, skip to Question 7.

☐ YES

☐ NO

4. Does the regulatory body(s) have the authority to inspect:

a. Fertilizer production and storage facilities? ☐ YES

☐ NO

b. Fertilizer at the point of sale (e.g. at retail shops)? ☐ YES

☐ NO

5. Does the regulatory body(s) have the authority to take fertilizer samples and conduct laboratory analysis ? (e.g. to measure nutrient content)

☐ YES

☐ NO

a. Do sampling and analysis methods follow international standards? (e.g. ISO standards or International Fertilizer Association guidelines) If YES, please list the international standards followed in the Comments box.

☐ YES

☐ NO

6. Is there a tiered licensing system for fertilizer suppliers that sets license and fee requirements in proportion to the activities and risks of businesses in each stage of the supply chain? (e.g. importers, distributors, and retailers)

☐ YES

☐ NO

7. Is there a government monopoly or major public sector role in procurement, importation, or distribution of fertilizer?

☐ YES

Please help us gather additional data for this pilot by referring us to other experts in the private and public sector who are well-suited for completing the “Obtaining Inputs” survey for the agricultural sector.

First Name Last Name Company Position Phone Email Fertilizer Dealer or Industry Associations

Fertilizer Suppliers (Importers, Distributors, Retailers)

Licensing officials [ ]

Starting and Operating a Farm Survey– [COUNTRY]

Thank you for participating in the Agribusiness Regulation & Institutions (AGRI) Index pilot project. Your input and expertise in the agricultural sector is critical to the success of the AGRI Index, a USAID-funded pilot being implemented by the Enabling Agricultural Trade (EAT) project.

The AGRI Index is a cross-country benchmarking tool to identify and measure key regulatory and administrative burdens faced by agribusinesses. The AGRI Index will provide an objective basis for understanding and improving the enabling environment for agribusinesses through discrete, quantifiable indicators that capture the impact of regulations that apply throughout the lifecycle of an agribusiness. The AGRI Index is intended to be used by governments around the world to inform policy and regulatory reform in the agricultural sector.

The “Starting and Operating a Farm” survey is one of 6 topics of the AGRI Index. The following survey evaluates the official procedures, time and cost required to register and obtain the licenses necessary to acquire a medium-sized farm. The intent of gathering this information is to identify areas where regulatory and administrative procedures can be improved and streamlined, based on real-world data provided by experts such as yourself.

For the AGRI Index survey, we ask that you please:

• Carefully review the assumptions of the case study before completing the survey

Thank you again for your important contribution towards improving the agribusiness enabling mailto:eat@fintrac.com publish the name, title and organization of contributors in the AGRI Index report. If you do not want

Last Name:

Position (e.g. manager, associate, partner):

Profession (e.g. lawyer, judge, association member):

Contact Details Company name:

E-mail address:

Phone:

Fax:

Website:

Company Address Street:

City:

P.O. Box:

State/Province:

Zip/Postal Code:

Country:

Please provide the following information for any additional contributors who assisted in completing this

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

You are acquiring the following farm described below. Please always refer to the case study when describing a procedure.

The Farm • [HECTARE-WEIGHTED MEDIAN FARM SIZE IN COUNTRY]-hectare farm located in a peri-rural area (i.e. a rural area within 100km of and with relatively easy access to [MAIN COMMERCIAL CENTER IN TARGET REGION]) in [REGION/PROVINCE], the main province producing the most widely traded staple grain in the country.

• Produces the most widely traded staple grain in the country, with an annual turnover of

[US$1,000*HECTARE-WEIGHTED MEDIAN FARM SIZE IN COUNTRY].

• Sells all crop either at the farm gate or at the local market.

• Owner holds a 50-year lease on the land, as well as all farm equipment and out-buildings needed to support the operation, including storage for agricultural chemicals.

• Land has already been zoned for agriculture.

• No new building construction is necessary at the time of purchase.

Ownership and Employees

• Limited liability company. Owned by a single individual, the owner of the farm.

• Employs 1 local manager who oversees 5 full-time laborers. The farm employs an additional 10 seasonal workers during planting and harvesting seasons.

Definitions

Procedure: Any interaction of the Farm’s owner, manager or employees with external parties, including government agencies, lawyers, auditors, notaries, the land registry, the cadastre, public and private inspectors and technical experts. Interactions among the owner, manager or employees of the Farm are not counted as procedures. All procedures that are legally or in practice required for the Farm to operate within its normal business functions are counted.

Time: Recorded in calendar days and captures the median duration of each procedure. The time span for each procedure starts with the first filing of an application or request or the start of a required activity, and ends once the Farm has received a final document or completed the required activity. For example, it includes the time to make an appointment with a notary or any waiting time once documents are filed. Please also include any time required to travel back and forth from [MAIN COMMERCIAL CENTER IN TARGET REGION] to the appropriate administrative office, including if multiple trips are required. Where the time required to complete a procedure is highly unpredictable, provide a range from low to high in addition to the median. The minimum time for a procedure is 1 day.

Costs: Only include official fees and taxes. Bribes are excluded. If possible, please indicate the relevant fee schedule or calculation formula – for example, as a percentage of the Farm’s capital. Professional fees (notaries, lawyers or accountants) are only included if the Farm is required to use such services by law.

1. The Start-Up Process and Operations

Please describe every procedure required for the farm described in the case study to obtain the necessary licenses and permissions required to begin operations, such as completing any required notifications, verifications or inscriptions for the farm and employees with relevant authorities.

Please include references to applicable laws and regulations (including fee schedules) and any necessary explanatory details or additional assumptions required, including where delays typically arise and the cause of such delays (ex. travelling to administrative offices, lack of staff in administrative offices). Add boxes for additional procedures as needed.

A. Procedures for Company Registration (ex. name search and registration, obtaining tax identification number, registering employees for national pension plan)

Agency [ ] Agency Level [ ] Details [ ]

B. Procedures to Obtain Licenses and Permissions for Agricultural Use (ex. farm registration, production licenses, land surveying, environmental impact assessment, water use permits)

C. Procedures to Obtain Licenses & Permissions to Operate Farm and Engage in Local Trading (ex.

national or local business or trade licenses, inspections of chemical storage facilities, workplace registration certificates)

Agency [ ] Agency Level [ ]

D. Procedures to Obtain Other Licenses & Permissions

2. Access to Business Registration Index

Please respond to the following survey questions on access to business registration. Please include references to applicable laws and regulations and any necessary explanatory comments.

1. Are registration documentation and information on fees published in print?

☐ YES

☐ NO

2. Are registration documentation and information on fees available on the internet?

☐ YES

☐ NO

3. Is registration possible in every state/province?

☐ YES

☐ NO

4. Are registration steps the same regardless of business size (measured by size of workforce or revenue)?

☐ YES

☐ NO

5. Are registration steps the same regardless of the nationality of ownership?

☐ YES

Please help us gather additional data for this pilot by referring us to other experts in the private and public sector that are well-suited for completing the “Starting and Operating a Farm” survey for the agricultural sector.

First Name

Last Name Company Position Phone Email

Farmers/Agribusiness associations

Farms/Agribusinesses [ ]

Licensing officials [ ]

Companies Registrar [ ]

Investment Authority [ ]

Accessing Rural Land Survey – [COUNTRY]

Dear Contributor, Thank you for participating in the Agribusiness Regulation and Institutions (AGRI) Index pilot project.

Your input and expertise in the agricultural sector is critical to the success of the AGRI Index, a USAID-funded pilot being implemented by the Enabling Agricultural Trade (EAT) project.

The goal of the AGRI Index is to develop a cross-country benchmarking tool to identify and measure key regulatory and administrative burdens faced by agribusinesses. The AGRI Index will provide an objective basis for understanding and improving the enabling environment for agribusinesses through discrete, quantifiable indicators that capture the impact of regulatory and administrative burdens that apply throughout the lifecycle of an agribusiness. The AGRI Index is intended to be used by governments around the world to inform policy and regulatory reform in the agricultural sector.

The “Accessing Rural Land” survey is one of 6 topics of the AGRI Index. The following survey evaluates the official procedures, time and cost required to register the transfer of a mid-sized farm from a seller to a buyer. In addition, two indices measure access to property registration information and services and the ability to lease rural land. The intent of gathering this information is to identify areas where regulatory and administrative procedures can be improved and streamlined, based on real-world data provided by experts such as yourself.

For the AGRI Index survey, we ask that you please:

• Carefully review the assumptions of the case study before completing the survey to nrindler@fintrac.com or ydonahoe@fintrac.com.

Thank you again for your important contribution towards improving the agribusiness enabling mailto:eat@fintrac.com publish the name, title and organization of contributors in the AGRI Index report. If you do not want

Last Name:

Position (e.g. manager, associate, partner):

Profession (e.g. lawyer, judge, association member):

Contact Details Company name:

E-mail address:

Phone:

Fax:

Website:

Company Address Street:

City:

P.O. Box:

State/Province:

Zip/Postal Code:

Country:

Please provide the following information for any additional contributors who assisted in completing this

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

Measuring the time, cost and procedures to transfer a farm between two individuals

• Buyer and Seller are both limited liability companies (LLCs). Seller has accepted Buyer’s offer to purchase the Farm and the terms of the contract between both parties has been agreed. The purchase price for the property is [50*GDP PER CAPITA]. The parties are ready to proceed to fulfill all the common requirements in order to complete the transfer.

• The Farm is [HECTARE-WEIGHTED MEDIAN IN COUNTRY] hectares, located in a peri-rural area

(i.e. a rural area within 100 km and with relatively easy access to [MAIN COMMERCIAL CENTER IN TARGET REGION]) in [REGION/PROVINCE], the main agricultural-producing province in the country. The Farm includes all farm equipment and out-buildings needed to support its operations. The Farm employs 1 local manager who oversees 5 full-time laborers. The farm employs an additional 10 seasonal workers during planting and harvesting seasons. The land is zoned for agricultural use, and no rezoning is required.

• The Seller has owned the Farm for the past 10 years (or has held a long-term lease that acts as the closest equivalent to ownership). The property has already been properly registered in the land registry and/or cadastre by the current owner (the Seller) and is free of title disputes and all encumbrances.

Procedure: Any interaction of Buyer or Seller, their agents or the property with external parties; for example, government agencies, inspectors, lawyers or notaries. Interactions between the Buyer, Seller and their agents are not considered separate procedures.

Time: Recorded in calendar days and captures the median duration of each procedure. The time span for each procedure starts with the first filing of an application or request, and ends once the party has received the final document. For example, it includes the time to make an appointment with the notary or any waiting time once documents are filed. Please also include any time required to travel back and forth from [MAIN COMMERCIAL CENTER IN TARGET REGION/PROVINCE] to the appropriate administrative office, including if multiple trips are required. Where the time required to complete a procedure is highly unpredictable, provide a range from low to high in addition to the median. The minimum time for a procedure is 1 day.

Costs: Only include official fees and taxes. Bribes are excluded. If possible, please indicate the relevant fee schedule or calculation formula. Professional fees (notaries, lawyers or accountants) are only included if it is required to use such services by law.

A. Registering Rural Land

Please describe the full sequence of procedures necessary for the Buyer to properly register the Farm indicated in the case study. For example, these may include verifying title and obtaining a non-encumbrance certificate (from local, regional and/or national-level agencies), obtaining a property valuation by a government valuer, submitting an application to the property registry, transferring land use rights, payment of stamp duty or registration fee, and issuance of new certificate of title.

Please include references to applicable laws and regulations (including fee schedules) and any necessary explanatory details, including what documents are required to complete each procedure, where delays typically arise, and what are the main causes of delays (ex. travelling between local/regional/national administrative offices, lack of staff in administrative offices). Please add boxes for additional procedures as needed.

Procedure 1 [Name of procedure] Time [ ] days Cost [ ] Agency [ ]

Agency level:

Procedure 2 [Name of procedure] Time [ ] days Cost [ ] Agency [ ]

Agency level:

Procedure 3 [Name of procedure]

Cost [ ] Agency [ ]

Agency level:

Procedure 4 [Name of procedure]

Cost [ ] Agency [ ]

Agency level:

B. Access to Property Registration Index

Please respond to the following survey questions on ease of access to property registration. Please include references to applicable laws and regulations and any necessary explanatory comments.

1. Is real property registration possible in every state/province?

☐ YES

☐ NO

2. Can real property registration be accomplished via an automated, online process?

☐ YES

☐ NO

3. Is information and documentation about the process of real property registration available on the Internet?

☐ YES

☐ NO

4. Are the steps and timeframes required for real property registration clear?

☐ YES

☐ NO

5. Are the steps for real property registration the same regardless of property size?

☐ YES

☐ NO

6. Are the steps for real property registration the same regardless of the nationality of ownership?

☐ YES

☐ NO

7. Is the quality of data in the land registry reliable, with few cases of dual or fake titles?

☐ YES

C. Leasing Rural Land Index

Please respond to the following survey questions on the extent to which a formal entity can legally obtain and register a long-term leasehold interest in land and utilize leased land without undue restrictions. Please include references to applicable laws and regulations and any necessary explanatory comments.

If the majority of land in [COUNTRY] is customary land, please respond to these questions based on whether a formal entity outside of an indigenous community can lease and utilize customary land.

Customary land is defined as land which is owned by indigenous communities and administered in accordance with their customs.

Check here if responses are based on customary land: ☐

1. Do formal domestically-owned entities

(i.e. corporations, partnerships, cooperatives, sole proprietorships) have a legal right to lease land?

☐ YES

2. Do formal entities have a de facto right to lease land?

☐ YES

☐ NO

3. Is approval required from a governor or similarly high-level ministerial official to enter into a lease for land?

☐ YES

☐ NO

4. What is the statutory maximum duration, if any, for a lease of land?

[ ] years [ ]

5. What is the statutory maximum amount of land, if any, that a formal entity can acquire?

[ ] hectares [ ]

6. Are there often statutory restrictions (beyond any contractual restrictions that may be in the lease agreement itself) on the right to produce on the land based on the leaseholder’s own preferences that impede the leaseholder’s ability to undertake agricultural production?

☐ YES

☐ NO

7. Are there often statutory restrictions (beyond any contractual restrictions that may be in the lease agreement itself) on the leaseholder’s ability to subdivide, sublease or rent the land?

☐ YES

☐ NO

8. Can a long-term (50+ years) leasehold interest in land be transferred to another formal entity?

☐ YES

☐ NO

8.a. Without lessor approval? ☐ YES

☐ NO

9. Can a long-term (50+ years) leasehold interest in land be registered and recorded in a manner that protects such registered interests?

☐ YES

☐ NO

10. Does the legal framework allow long-term leaseholders (50+ years) to obtain mortgages on land?

☐ YES

☐ NO

10.a. Do such mortgages occur in practice? ☐ YES

Please help us gather additional data for this pilot by referring us to other experts in the private and public sector who are well-suited for completing the “Accessing Rural Land” survey for the agricultural

Property lawyers [ ]

Academic experts in land rights

Ministry of Land officials

Accessing Finance Survey – [COUNTRY]

Thank you for participating in the Agribusiness Regulation and Institutions (AGRI) Index pilot project.

Your input and expertise in the agricultural sector is critical to the success of the AGRI Index, a USAID-funded pilot being implemented by the Enabling Agricultural Trade (EAT) project.

The goal of the AGRI Index is to develop a cross-country benchmarking tool to identify and measure key regulatory and administrative burdens faced by agribusinesses. The AGRI Index will provide an objective basis for understanding and improving the enabling environment for agribusinesses through discrete, quantifiable indicators that capture the impact of regulations that apply throughout the lifecycle of an agribusiness. The AGRI Index is intended to be used by governments around the world to inform policy and regulatory reform in the agricultural sector.

The “Accessing Finance” survey is one of 6 topics of the AGRI Index. The following survey assesses the degree to which collateral and secured transactions laws and institutions facilitate lending to the agricultural sector via three indexes: the Agricultural Collateral Index, the Movable Collateral Registry Index, and the Warehouse Receipts System Index. The intent of gathering this information is to use real-world data provided by experts such as yourself to identify areas where legal, regulatory and administrative reform can allow agribusinesses to fully utilize their movable assets as collateral and increase access to finance.

For the AGRI Index, we ask that you please:

to nrindler@fintrac.com or ydonahoe@fintrac.com.

Thank you again for your important contribution towards improving the agribusiness enabling publish the name, title and organization of contributors in the AGRI Index report. If you do not want

Last Name:

Position (e.g. manager, associate, partner):

Profession (e.g. lawyer, judge, association member):

Contact Details Company name:

E-mail address:

Phone:

Fax:

Website:

Company Address Street:

City:

P.O. Box:

State/Province:

Zip/Postal Code:

Country:

Please provide the following information for any additional contributors who assisted in completing this

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

[City/Country]

[Title] [First Name] [Last Name]

[Firm] [Position]

A. Agricultural Collateral Index

Please indicate whether the law allows for the use of the following assets as collateral (i.e. for securing a loan). If the law allows for or is silent about a type of collateral or security interest, but such collateral or security interest is not commonly used or accepted in practice by financial institutions with respect to agricultural assets or goods, please indicate this in the third column.

Please include references to applicable laws and regulations and any necessary explanatory comments in the “Comments” section, such as whether fixed, floating, or general charges are used, whether security interests must be registered, and whether there are any restrictions to the use of a particular asset as collateral (i.e. limited to certain legal entities).

Type of Collateral Response Accepted in

Practice?

Comments

1. Farm equipment (ex. tractors, combines, milling equipment, dryers, etc.)

☐ YES

☐ NO

☐ LAW IS

SILENT

Type of charge (fixed, floating, chattel mortgage, etc.): [ ]

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

2. Crop in the field (pre-harvest advances as planted crops approach harvest)

☐ YES

☐ NO

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

3. Crop in the warehouse (crops which have been harvested and are being held in storage awaiting sale)

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

4. Livestock ☐ YES

☐ NO

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

5. Inventory (ex. on-farm supplies, such as fuel, fertilizer, crop protection products, seed)

☐ YES

☐ NO

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

6. Patented plant variety (based on the variety’s future earning capacity)

☐ YES

☐ NO

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

7. Futures contract (exchange- ☐ YES ☐ YES Type of charge (fixed, floating, chattel based commitment to buy a given volume of a given commodity at a pre-determined price at a specified future date)

☐ NO

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

8. Accounts receivable (ex. value remaining to be paid for a crop transaction where the crop has already been delivered to the buyer)

☐ YES

☐ NO

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

9. Buy/sell agreements (contractual commitment between buyer & seller specifying the volume, value and time frame at which a commodity will be delivered)

☐ YES

☐ NO

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

10. Land ☐ YES

☐ NO

☐ LAW IS

SILENT

Is security interest registered?

☐ YES ☐ NO

Other comments: [ ]

B. Movable Collateral Registry Index

Please respond to the following survey questions assessing the existence and functionality of a movable collateral registry with respect to improving the ability to translate valuable agricultural assets into productive use to access capital. Please include references to applicable laws and regulations and any necessary explanatory comments.

Question

11. What type of registry exists for registering movable collateral?

Check here if there is a single, unified collateral registry for all types of movables, OR Check here if there are multiple registries for different types of assets (i.e. accounts receivable registry, machinery registry, vehicles registry, intellectual property registry)

Please specify the name of the movable collateral registry(ies): [ ]

If a single, unified movable collateral registry exists, please answer Questions 2-11 for such movable collateral registry. If no single, unified movable collateral registry exists, please answer Questions 2-11 for the registry or multiple registries most commonly used to register movable collateral.

1. Can security rights for a broad range of tangible and intangible movables (i.e. equipment, crops, livestock, accounts receivable, inventory, futures, etc.) be registered in the movable collateral registry?

☐ YES

☐ NO

2. Can security rights for all types of debtors, including sole proprietors, be registered in the movable collateral registry?

☐ YES

☐ NO

3. Does the movable collateral registry have a centralized database that consolidates information on all types of security interests (charges, chattel mortgages, etc.) and all types of debtors from registry branches across all geographic regions of the country?

☐ YES

☐ NO

4. Does the movable collateral registry operate a fully electronic database system (as opposed to paper-based)?

☐ YES

☐ NO

5. Can registration and searching in the movable collateral registry be performed online?

☐ YES

☐ NO

6. Is data from the movable collateral registry reliable?

☐ YES

☐ NO

7. Is real-time information from…