djibouti - doing businessdjibouti region middle east & north africa income category lower middle...

64
Economy Profile Djibouti Djibouti Doing Business 2020 Page 1

Upload: others

Post on 08-Oct-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Economy Profile

Djibouti

DjiboutiDoing Business 2020

Page 1

Page 2: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Economy Profile of Djibouti

Doing Business 2020 Indicators(in order of appearance in the document)

Starting a business Procedures, time, cost and paid-in minimum capital to start a limited liability company

Dealing with construction permits Procedures, time and cost to complete all formalities to build a warehouse and the quality control and safetymechanisms in the construction permitting system

Getting electricity Procedures, time and cost to get connected to the electrical grid, and the reliability of the electricity supply and thetransparency of tariffs

Registering property Procedures, time and cost to transfer a property and the quality of the land administration system

Getting credit Movable collateral laws and credit information systems

Protecting minority investors Minority shareholders’ rights in related-party transactions and in corporate governance

Paying taxes Payments, time, total tax and contribution rate for a firm to comply with all tax regulations as well as postfilingprocesses

Trading across borders Time and cost to export the product of comparative advantage and import auto parts

Enforcing contracts Time and cost to resolve a commercial dispute and the quality of judicial processes

Resolving insolvency Time, cost, outcome and recovery rate for a commercial insolvency and the strength of the legal framework forinsolvency

Employing workers Flexibility in employment regulation and redundancy cost

DjiboutiDoing Business 2020

Page 2

Page 3: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

About Doing Business

The project provides objective measures of business regulations and their enforcement across 190 economies and selected cities at the subnational andregional level.

Doing Business

The project, launched in 2002, looks at domestic small and medium-size companies and measures the regulations applying to them through their lifecycle.

Doing Business

captures several important dimensions of the regulatory environment as it applies to local firms. It provides quantitative indicators on regulation forstarting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading acrossborders, enforcing contracts and resolving insolvency. also measures features of employing workers. Although does not present rankingsof economies on the employing workers indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business, it doespresent the data for these indicators.

Doing Business

Doing Business Doing Business

By gathering and analyzing comprehensive quantitative data to compare business regulation environments across economies and over time, encourageseconomies to compete towards more efficient regulation; offers measurable benchmarks for reform; and serves as a resource for academics, journalists, private sectorresearchers and others interested in the business climate of each economy.

Doing Business

In addition, offers detailed , which exhaustively cover business regulation and reform in different cities and regions within a nation.These studies provide data on the ease of doing business, rank each location, and recommend reforms to improve performance in each of the indicator areas. Selectedcities can compare their business regulations with other cities in the economy or region and with the 190 economies that has ranked.

Doing Business subnational studies

Doing Business

The first study, published in 2003, covered 5 indicator sets and 133 economies. This year’s study covers 11 indicator sets and 190 economies. Mostindicator sets refer to a case scenario in the largest business city of each economy, except for 11 economies that have a population of more than 100 million as of 2013(Bangladesh, Brazil, China, India, Indonesia, Japan, Mexico, Nigeria, Pakistan, the Russian Federation and the United States) where also collected datafor the second largest business city. The data for these 11 economies are a population-weighted average for the 2 largest business cities. The project has benefited fromfeedback from governments, academics, practitioners and reviewers. The initial goal remains: to provide an objective basis for understanding and improving theregulatory environment for business around the world.

Doing Business

Doing Business

To learn more about please visitDoing Business doingbusiness.org

DjiboutiDoing Business 2020

Page 3

Page 4: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Ease of Doing Business in

DjiboutiRegion Middle East & North Africa

Income Category Lower middle income

Population 958,920

City Covered Djibouti Ville

112

DB RANK DB SCORE

60.5

Rankings on Doing Business topics - Djibouti

123

87

121 117132

103

133147 144

44

Startinga

Business

Dealingwith

ConstructionPermits

GettingElectricity

RegisteringProperty

GettingCredit

ProtectingMinorityInvestors

PayingTaxes

TradingacrossBorders

EnforcingContracts

ResolvingInsolvency

Topic Scores

84.3 69.4 64.6 58.3 40.0 52.0 62.7 59.4 48.4 65.9

(rank)Starting a Business 123Score of starting a business (0-100) 84.3Procedures (number) 6Time (days) 14Cost (number) 39.7Paid-in min. capital (% of income per capita) 0.0

(rank)Dealing with Construction Permits 87Score of dealing with construction permits (0-100) 69.4Procedures (number) 16Time (days) 146Cost (% of warehouse value) 4.8Building quality control index (0-15) 12.0

(rank)Getting Electricity 121Score of getting electricity (0-100) 64.6Procedures (number) 4Time (days) 52Cost (% of income per capita) 831.2Reliability of supply and transparency of tariff index (0-8) 0

(rank)Registering Property 117Score of registering property (0-100) 58.3Procedures (number) 6Time (days) 24Cost (% of property value) 5.6Quality of the land administration index (0-30) 7.0

(rank)Getting Credit 132Score of getting credit (0-100) 40.0Strength of legal rights index (0-12) 8Depth of credit information index (0-8) 0Credit registry coverage (% of adults) 0.4Credit bureau coverage (% of adults) 0.0

(rank)Protecting Minority Investors 103Score of protecting minority investors (0-100) 52.0Extent of disclosure index (0-10) 8.0Extent of director liability index (0-10) 8.0Ease of shareholder suits index (0-10) 10.0Extent of shareholder rights index (0-6) 0.0Extent of ownership and control index (0-7) 0.0Extent of corporate transparency index (0-7) 0.0

(rank)Paying Taxes 133Score of paying taxes (0-100) 62.7Payments (number per year) 35Time (hours per year) 76Total tax and contribution rate (% of profit) 37.9Postfiling index (0-100) 25.2

(rank)Trading across Borders 147Score of trading across borders (0-100) 59.4Time to export

Documentary compliance (hours) 60Border compliance (hours) 72Cost to export

Documentary compliance (USD) 95Border compliance (USD) 605Time to export

Documentary compliance (hours) 50Border compliance (hours) 118Cost to export

Documentary compliance (USD) 100Border compliance (USD) 1,055

(rank)Enforcing Contracts 144Score of enforcing contracts (0-100) 48.4Time (days) 695Cost (% of claim value) 34.0Quality of judicial processes index (0-18) 5.5

(rank)Resolving Insolvency 44Score of resolving insolvency (0-100) 65.9Recovery rate (cents on the dollar) 44.0Time (years) 1.5Cost (% of estate) 11.0Outcome (0 as piecemeal sale and 1 as goingconcern)

0

Strength of insolvency framework index (0-16) 13.5

DjiboutiDoing Business 2020

Page 4

Page 5: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Starting a Business

This topic measures the number of procedures, time, cost and paid-in minimum capital requirement for a small- to medium-sized limited liability company to start up andformally operate in each economy’s largest business city.

To make the data comparable across 190 economies, uses a standardized business that is 100% domestically owned, has start-up capital equivalent to10 times the income per capita, engages in general industrial or commercial activities and employs between 10 and 50 people one month after the commencement ofoperations, all of whom are domestic nationals. Starting a Business considers two types of local limited liability companies that are identical in all aspects, except that onecompany is owned by 5 married women and the other by 5 married men. The ranking of economies on the ease of starting a business is determined by sorting theirscores for starting a business. These scores are the simple average of the scores for each of the component indicators.

Doing Business

The most recent round of data collection for the project was completed in May 2019. .See the methodology for more information

What the indicators measure

Procedures to legally start and formally operate a company(number)

Preregistration (for example, name verification or reservation,notarization)

Registration in the economy’s largest business city•Postregistration (for example, social security registration,company seal)

Obtaining approval from spouse to start a business or to leavethe home to register the company

Obtaining any gender specific document for companyregistration and operation or national identification card

Time required to complete each procedure (calendar days)

Does not include time spent gathering information•Each procedure starts on a separate day (2 procedures cannotstart on the same day)

Procedures fully completed online are recorded as ½ day•Procedure is considered completed once final document isreceived

No prior contact with officials•Cost required to complete each procedure (% of income percapita)

Official costs only, no bribes•No professional fees unless services required by law orcommonly used in practice

Paid-in minimum capital (% of income per capita)

• Funds deposited in a bank or with third party before registrationor up to 3 months after incorporation

Case study assumptions

To make the data comparable across economies, several assumptions about the business and theprocedures are used. It is assumed that any required information is readily available and that theentrepreneur will pay no bribes.

The business:

-Is a limited liability company (or its legal equivalent). If there is more than one type of limitedliability company in the economy, the limited liability form most common among domestic firms ischosen. Information on the most common form is obtained from incorporation lawyers or thestatistical office.-Operates in the economy’s largest business city. For 11 economies the data are also collected forthe second largest business city.-Performs general industrial or commercial activities such as the production or sale to the public ofgoods or services. The business does not perform foreign trade activities and does not handleproducts subject to a special tax regime, for example, liquor or tobacco. It is not using heavilypolluting production processes.-Does not qualify for investment incentives or any special benefits.-Is 100% domestically owned.-Has five business owners, none of whom is a legal entity. One business owner holds 30% of thecompany shares, two owners have 20% of shares each, and two owners have 15% of shareseach.-Is managed by one local director.-Has between 10 and 50 employees one month after the commencement of operations, all of themdomestic nationals.-Has start-up capital of 10 times income per capita.-Has an estimated turnover of at least 100 times income per capita.-Leases the commercial plant or offices and is not a proprietor of real estate.-Has an annual lease for the office space equivalent to one income per capita.-Is in an office space of approximately 929 square meters (10,000 square feet).-Has a company deed that is 10 pages long.

The owners:

-Have reached the legal age of majority and are capable of making decisions as an adult. If thereis no legal age of majority, they are assumed to be 30 years old.-Are in good health and have no criminal record.-Are married, the marriage is monogamous and registered with the authorities.-Where the answer differs according to the legal system applicable to the woman or man inquestion (as may be the case in economies where there is legal plurality), the answer used will bethe one that applies to the majority of the population.

DjiboutiDoing Business 2020

Page 5

Page 6: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Starting a Business - Djibouti

Figure – Starting a Business in Djibouti – Score

Procedures

70.6

Time

86.4

Cost

80.2

Paid-in min. capital

100.0

Figure – Starting a Business in Djibouti and comparator economies – Ranking and Score

DB 2020 Starting a Business Score

0 100

93.5: Oman (Rank: 32)

87.8: Egypt, Arab Rep. (Rank: 90)

84.3: Djibouti (Rank: 123)

84.0: Regional Average (Middle East & North Africa)

71.7: Ethiopia (Rank: 168)

52.9: Eritrea (Rank: 185)

Note: The ranking of economies on the ease of starting a business is determined by sorting their scores for starting a business. These scores are the simple average ofthe scores for each of the component indicators.

Standardized Company

Legal form Limited Liability Company

Paid-in minimum capital requirement No minimum

City Covered Djibouti Ville

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Procedure – Men (number) 6 6.5 4.9 1 (2 Economies)

Time – Men (days) 14 19.7 9.2 0.5 (New Zealand)

Cost – Men (% of income per capita) 39.7 16.7 3.0 0.0 (2 Economies)

Procedure – Women (number) 6 7.1 4.9 1 (2 Economies)

Time – Women (days) 14 20.3 9.2 0.5 (New Zealand)

Cost – Women (% of income per capita) 39.7 16.7 3.0 0.0 (2 Economies)

Paid-in min. capital (% of income per capita) 0.0 8.9 7.6 0.0 (120 Economies)

DjiboutiDoing Business 2020

Page 6

Page 7: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Starting a Business in Djibouti – Procedure, Time and Cost

This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.*

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the website ( ). For details on the proceduresreflected here, see the summary below.

Doing Business http://doingbusiness.org/en/methodology

Procedures (number)1 2 3 * 4 5 6

0

2

4

6

8

10

12

14

Tim

e (d

ays)

0

5

10

15

20

25

30

Cost

(% o

f inc

ome

per c

apita

)

Time (days) Cost (% of income per capita)

DjiboutiDoing Business 2020

Page 7

Page 8: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Starting a Business in Djibouti – Procedure, Time and Cost

Takes place simultaneously with previous procedure.

No. Procedures Time to Complete Associated Costs

1 Deposit the initial capital at the bank and obtain a receipt: BankAgency

The bank must check the origin of the funds and the purpose of the initial capital. The parties mustsubmit a document stating their intent to start a new business.

2 days no charge

2 Draft the company's articles of association with a lawyer: Notary or lawyerAgency

There is no legal obligation to draft the company statutes with a lawyer and since February 2014,statute templates are available online at the ODPIC website (www.odpic.info). However, mostentrepreneurs still draft the company statutes with a lawyer.Lawyers and notaries charge approximately FCFA 90,000 to draft the statutes.

3 days DJF 100,000

3 Reserve the company name with ODPIC, register with the Companies Registry, publish thenotice of commencement of activity, register the articles of association with the Hôtel desImpôts, register for taxes

: Guichet UniqueAgencyDjibouti implemented a new Guichet Unique in 2017. In order to register a new company at theGuichet Unique, the following documents are required:- forms CN1 and RC1- 2 certified copies of the articles of association- 2 copies of the bank deposit receipt- 2 sworn statement copies or 2 copies of the criminal record.

The information provided by the entrepreneur is then transferred internally to the Guichet Unique’sinstitutional partners, namely the ODPIC, the Hôtel des Impôts, and the CNSS. Entrepreneurs canask to register the company’s articles of association, obtain the reservation of the company name,register with the Companies Registry and obtain a professional license (patente) during theirregistration at the Guichet Unique.

The Guichet Unique is also in charge of the publication of the notice of commencement of activityin its website (http://www.guichet-unique.dj/annonces-legales).

The registration fees are: DJF 18,000 registration fees (immatriculation), DJF 5000 namereservation, DJF 1000 service fee of the Guichet Unique, DJF 10,000 for the registration of thearticles of association and DJF 1000 per page for the stamp duty

5 days See procedure comments

4 Pay the fees with the payment agent: Guichet UniqueAgency

After his/her interaction with front desk, the user then interacts with the payment agent, to whomhe/she pays the fees for all agencies (ODPIC, the Hôtel des Impôts, and the CNSS)

1 day (simultaneous withprevious procedure)

No cost

5 Create a company seal, letterhead and books: Seal-making shopAgency

Creating a company seal, letterhead and books can be done at the Seal-maker for DJF 2000 -3000 (for seal and letterhead) + DJF 5000 - 7000 (books).

3 days DJF 2,000 - 3,000 (for sealand letterhead) + DJF5,000 - 7,000 (books)

6 Register employees with the Caisse Nationale de la Sécurité Sociale: Caisse Nationale de la Sécurité SocialeAgency

1 day 0

DjiboutiDoing Business 2020

Page 8

Page 9: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Dealing with Construction Permits

This topic tracks the procedures, time and cost to build a warehouse—including obtaining necessary the licenses and permits, submitting all required notifications,requesting and receiving all necessary inspections and obtaining utility connections. In addition, the Dealing with Construction Permits indicator measures the buildingquality control index, evaluating the quality of building regulations, the strength of quality control and safety mechanisms, liability and insurance regimes, and professionalcertification requirements. The most recent round of data collection was completed in May 2019. See the methodology for more information

What the indicators measure

Procedures to legally build a warehouse (number)

Submitting all relevant documents and obtaining all necessaryclearances, licenses, permits and certificates

Submitting all required notifications and receiving all necessaryinspections

Obtaining utility connections for water and sewerage•Registering and selling the warehouse after its completion•

Time required to complete each procedure (calendar days)

Does not include time spent gathering information•Each procedure starts on a separate day—though proceduresthat can be fully completed online are an exception to this rule

Procedure is considered completed once final document isreceived

No prior contact with officials•Cost required to complete each procedure (% of income percapita)

Official costs only, no bribes•Building quality control index (0-15)

Quality of building regulations (0-2)•Quality control before construction (0-1)•Quality control during construction (0-3)•Quality control after construction (0-3)•Liability and insurance regimes (0-2)•Professional certifications (0-4)•

Case study assumptions

To make the data comparable across economies, several assumptions about the constructioncompany, the warehouse project and the utility connections are used.

The construction company (BuildCo):

- Is a limited liability company (or its legal equivalent) and operates in the economy’s largestbusiness city. For 11 economies the data are also collected for the second largest business city.- Is 100% domestically and privately owned; has five owners, none of whom is a legal entity. Has alicensed architect and a licensed engineer, both registered with the local association of architectsor engineers. BuildCo is not assumed to have any other employees who are technical or licensedexperts, such as geological or topographical experts.- Owns the land on which the warehouse will be built and will sell the warehouse upon itscompletion.

The warehouse:

- Will be used for general storage activities, such as storage of books or stationery.- Will have two stories, both above ground, with a total constructed area of approximately 1,300.6square meters (14,000 square feet). Each floor will be 3 meters (9 feet, 10 inches) high and will belocated on a land plot of approximately 929 square meters (10,000 square feet) that is 100%owned by BuildCo, and the warehouse is valued at 50 times income per capita.- Will have complete architectural and technical plans prepared by a licensed architect. Ifpreparation of the plans requires such steps as obtaining further documentation or getting priorapprovals from external agencies, these are counted as procedures.- Will take 30 weeks to construct (excluding all delays due to administrative and regulatoryrequirements).

The water and sewerage connections:

- Will be 150 meters (492 feet) from the existing water source and sewer tap. If there is no waterdelivery infrastructure in the economy, a borehole will be dug. If there is no sewerageinfrastructure, a septic tank in the smallest size available will be installed or built.- Will have an average water use of 662 liters (175 gallons) a day and an average wastewater flowof 568 liters (150 gallons) a day. Will have a peak water use of 1,325 liters (350 gallons) a day anda peak wastewater flow of 1,136 liters (300 gallons) a day.- Will have a constant level of water demand and wastewater flow throughout the year; will be 1inch in diameter for the water connection and 4 inches in diameter for the sewerage connection.

DjiboutiDoing Business 2020

Page 9

Page 10: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Dealing with Construction Permits - Djibouti

Figure – Dealing with Construction Permits in Djibouti – Score

Procedures

56.0

Time

65.4

Cost

76.2

Building quality control index

80.0

Figure – Dealing with Construction Permits in Djibouti and comparator economies – Ranking and Score

DB 2020 Dealing with Construction Permits Score

0 100

75.2: Oman (Rank: 47)

71.2: Egypt, Arab Rep. (Rank: 74)

69.4: Djibouti (Rank: 87)

61.7: Regional Average (Middle East & North Africa)

59.7: Ethiopia (Rank: 142)

0.0: Eritrea (Rank: 186)

Note: The ranking of economies on the ease of dealing with construction permits is determined by sorting their scores for dealing with construction permits. These scoresare the simple average of the scores for each of the component indicators.

Standardized Warehouse

Estimated value of warehouse DJF 19,230,342.20

City Covered Djibouti Ville

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Procedures (number) 16 15.7 12.7 None in 2018/19

Time (days) 146 123.6 152.3 None in 2018/19

Cost (% of warehouse value) 4.8 4.4 1.5 None in 2018/19

Building quality control index (0-15) 12.0 12.5 11.6 15.0 (6 Economies)

DjiboutiDoing Business 2020

Page 10

Page 11: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Dealing with Construction Permits in Djibouti – Procedure, Time and Cost

This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.*

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the website ( ). For details on the proceduresreflected here, see the summary below.

Doing Business http://doingbusiness.org/en/methodology

Procedures (number)1 2 3 4 5 6 7 8 9 10 11 12 * 13 * 14 15 * 16

0

20

40

60

80

100

120

140

Tim

e (d

ays)

0

0.5

1

1.5

2

2.5

3

Cost

(% o

f war

ehou

se v

alue

)

Time (days) Cost (% of warehouse value)

DjiboutiDoing Business 2020

Page 11

Page 12: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Dealing with Construction Permits in Djibouti and comparator economies – Measure of Quality

Djibouti Egypt,ArabRep.

Eritrea Ethiopia Oman MiddleEast

&NorthAfrica

02468

10121416

Inde

x sc

ore 12.0

14.0

No Practice

11.0 11.012.5

Details – Dealing with Construction Permits in Djibouti – Procedure, Time and Cost

No. Procedures Time to Complete Associated Costs

1 Obtain lot plan and a certificate of registration: Cadastre - Direction des Domaines et Conservation foncièreAgency

BuildCo must obtain a certified zoning map and a certificate of registration in order to apply for apermis de remblai.

2 days no charge

2 Apply and obtain a "permis de remblai" (embankment) at the Direction de l'Habitat etl'Urbanisme

: Department of Housing and Urban Development (Direction de l'Habitat et l'Urbanisme)AgencyTo apply and obtain an embankment permit, BuildCo must submit:• A letter• A registration certificate issued by the Direction des Domaines et de la Conservation Fonciere• A location plan/urbanisme plan issued by the cadastre service at the Direction des Domaines etde la Conservation Fonciere

Upon this request, the Direction de l'Habitat et l'Urbanisme will issue a "permis de remblai" and itsvolume.

7 days no charge

3 Apply for the certificate of compliance for embankment: Direction de l'Habitat et l'UrbanismeAgency

Once the works for the embankment are authorized, BuildCo must request the certificate ofcompliance from the Direction de l'Habitat et l'Urbanisme (DHU). In order to do so, BuildCo mustfile a copy of the permis de remblai and an application letter.

DHU will inspect the site to verify that the specifications for the embankment were respected. Ifsatisfied, the request for a certificate of compliance is transmitted to the Laboratoire Central duBâtiment et de l'Equipement (LCBE). LCBE will verify the compactness of the soil.

1 day no charge

4 Receive inspection to verify the compactness of the embankment from the LBCE: LBCE- Laboratoire Central du Bâtiment et de l'EquipementAgency

The LBCE -- Laboratoire Central du Bâtiment et de l'Equipement -- will inspect the embankment.If LBCE is satisfied that the compactness is adequate, they will transmit the signed request toDHU for the issuance of the certificate of compliance for the embankment.

1 day DJF 90,000

5 Obtain certificate of compliance for the embankment (certificat de conformite de remblai): Direction de l'Habitat et l'UrbanismeAgency

Once the signed document from LBCE is received, the Direction de l'Habitat et l'Urbanisme willissue the certificate of compliance (certificat de conformité de remblai) for BuildCo.

14 days no charge

6 Request and obtain final ground plans (plan de masse cadastral): Sous Direction de la Conservation Foncière (de la Direction des Domaines et de la

Conservation Foncière)Agency

After obtaining the permit and certificate of compliance for the embankment, BuildCo must requestand obtain the final ground plans at the Sous Direction de la Conservation Foncière (de laDirection des Domaines et de la Conservation Foncière). A tax on embankment must be paid.

This map defines the boundaries of the land and must be attached to the application for thebuilding permit, or else the application will not be accepted by the DHU. Sub-Directorate of Landsand Land Conservation will identify a date to issue the Plan de Masse Cadastral and the finalpegs installation on the lot.

7 days DJF 83,610

7 Obtain building permit: Direction de l'Habitat et l'UrbanismeAgency

BuildCo must submit 6 copies of the file for the building permit request to the DHU (Direction del'Habitat et l'Urbanisme).

The 2.5% tax that the company must pay is divided as follows:• 1.5% for analysis of the request for the building permit• 1.0% for the surveillance of the concrete structure (study and works)

15 days DJF 480,759

DjiboutiDoing Business 2020

Page 12

Page 13: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Takes place simultaneously with previous procedure.

8 Request and receive foundation inspection from the Direction de l'Habitat et l'Urbanisme,Sous-direction Contrôle et Réglementation

: Direction de l'Habitat et l'Urbanisme, Sous-direction Contrôle et RéglementationAgencyThe works begin when the concrete plans are accepted by the Sous-direction Contrôle etRéglementation. An inspection takes place when slabs are laid. This procedure is not mandatorybut is standard practice.

14 days no charge

9 Receive first concrete test from the LBCE- Laboratoire Central du Bâtiment et del'Equipement (at foundation level)

: LBCE- Laboratoire Central du Bâtiment et de l'EquipementAgencyConstruction testing occurs at each phase of the building process. Concrete crushing test is doneat 7 days, then at 14 days and final one at 21 days.

7 days DJF 172,800

10 Receive second resistance test from the LBCE- Laboratoire Central du Bâtiment et del'Equipement (for the ground level)

: LBCE- Laboratoire Central du Bâtiment et de l'EquipementAgencyThis is the second concrete crushing test done 7 days after the first one.

7 days no charge

11 Receive final resistance test from the LBCE- Laboratoire Central du Bâtiment et del'Equipement (for the first level)

: LBCE- Laboratoire Central du Bâtiment et de l'EquipementAgencyThis is the final concrete crushing test done 7 days after the second test was done.

7 days no charge

12 Request and receive an electrical certificate of compliance: Direction de l'Habitat et l'UrbanismeAgency

To obtain the certificate of conformity after construction is complete, it is mandatory to obtain anelectrical certificate of compliance issued by the Department of Housing and Urban Development.The electrical certificate of compliance can be requested once the internal wiring is done incompliance with the standards.

Officers from the Sous-Direction de l'Urbanisme will conduct a site visit and the electrician willexplain the internal wiring to the officers. The inspection takes place one day after the request forthe certificate of compliance. After 1-2 days, the Sous-Direction de l'Urbanisme issues theelectrical certificate of compliance.

4 days no charge

13Request and receive an earthquake certificate issued by the Direction de l'Habitat etl'Urbanisme

: Direction de l'Habitat et l'UrbanismeAgencyTo obtain the certificate of conformity after construction is complete, it is mandatory to obtain anearthquake certificate issued by the Direction de l'Habitat et l'Urbanisme. BuildCo can request thiscertificate by visiting the agency in person. The earthquake certificate is obtained as soon as thedifferent slabs have been casted from the Sous-Direction Contrôle de la Direction de l'Habitat etde l'Urbanisme on the basis of "good casting." The certificate is issued the next day afterverification of compliance with seismic standards. BuildCo does not have to wait for thecompletion of the construction to request this certificate.

2 days no charge

14Request and receive an alignment certificate

: Direction des Domaines et de la Conservation FoncièreAgencyTo obtain the certificate of conformity after construction is complete, it is mandatory to obtain analignment certificate issued by the Direction des Domaines et de la Conservation Foncière.

2 days no charge

15 Request and receive water and sewage connection: Office Nationale des Eaux de Djibouti (ONED)Agency

BuildCo is responsible for laying the pipes and connecting them to the main line. The watercompany provides the meter at no charge.

60 days USD 500

16Submit all certificates of compliance and obtain final certificate of compliance (certificat deconformité)

: Ministry of Housing (Ministère de l’Habitat)AgencyCompliance of new construction is confirmed by the issuance of a Certificate of GeneralConformity issued by the Department of Housing and Urban Development at the end of the work.This certificate attests the conformity of the building in accordance to the approved buildingpermit. Several compliance certificates must be submitted: earthquake, sanitation, alignment,foundation and electrical

14 days no charge

DjiboutiDoing Business 2020

Page 13

Page 14: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Dealing with Construction Permits in Djibouti – Measure of Quality

Answer Score

Building quality control index (0-15) 12.0

Quality of building regulations index (0-2) 2.0

How accessible are building laws and regulations in your economy? (0-1) Available online; Freeof charge; In officialgazette.

1.0

Which requirements for obtaining a building permit are clearly specified in the building regulations or on anyaccessible website, brochure or pamphlet? (0-1)

List of requireddocuments; Fees tobe paid; Requiredpreapprovals.

1.0

Quality control before construction index (0-1) 1.0

Which third-party entities are required by law to verify that the building plans are in compliance with existingbuilding regulations? (0-1)

Licensed engineer. 1.0

Quality control during construction index (0-3) 3.0

What types of inspections (if any) are required by law to be carried out during construction? (0-2) Inspections at variousphases; Risk-basedinspections.

2.0

Do legally mandated inspections occur in practice during construction? (0-1) Mandatoryinspections arealways done inpractice; Mandatoryinspections are donemost of the timeduring construction.

1.0

Quality control after construction index (0-3) 3.0

Is there a final inspection required by law to verify that the building was built in accordance with the approvedplans and regulations? (0-2)

Yes, in-houseengineer submitsreport for finalinspection.

2.0

Do legally mandated final inspections occur in practice? (0-1) Final inspectionalways occurs inpractice.

1.0

Liability and insurance regimes index (0-2) 1.0

Which parties (if any) are held liable by law for structural flaws or problems in the building once it is in use(Latent Defect Liability or Decennial Liability)? (0-1)

Architect or engineer;Professional incharge of thesupervision;Constructioncompany.

1.0

Which parties (if any) are required by law to obtain an insurance policy to cover possible structural flaws orproblems in the building once it is in use (Latent Defect Liability Insurance or Decennial Insurance)? (0-1)

No party is requiredby law to obtaininsurance .

0.0

Professional certifications index (0-4) 2.0

What are the qualification requirements for the professional responsible for verifying that the architectural plansor drawings are in compliance with existing building regulations? (0-2)

Minimum number ofyears of experience;University degree inarchitecture orengineering.

1.0

What are the qualification requirements for the professional who supervises the construction on the ground? (0-2)

Minimum number ofyears of experience;University degree inengineering,construction orconstructionmanagement.

1.0

DjiboutiDoing Business 2020

Page 14

Page 15: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Getting Electricity

This topic measures the procedures, time and cost required for a business to obtain a permanent electricity connection for a newly constructed warehouse. Additionally,the reliability of supply and transparency of tariffs index measures reliability of supply, transparency of tariffs and the price of electricity. The most recent round of datacollection for the project was completed in May 2019. .See the methodology for more information

What the indicators measure

Procedures to obtain an electricity connection (number)

Submitting all relevant documents and obtaining all necessaryclearances and permits

Completing all required notifications and receiving all necessaryinspections

Obtaining external installation works and possibly purchasingmaterial for these works

Concluding any necessary supply contract and obtaining finalsupply

Time required to complete each procedure (calendar days)

Is at least 1 calendar day•Each procedure starts on a separate day•Does not include time spent gathering information•Reflects the time spent in practice, with little follow-up and noprior contact with officials

Cost required to complete each procedure (% of income percapita)

Official costs only, no bribes•Value added tax excluded•

The reliability of supply and transparency of tariffs index (0-8)

Duration and frequency of power outages (0–3)•Tools to monitor power outages (0–1)•Tools to restore power supply (0–1)•Regulatory monitoring of utilities’ performance (0–1)•Financial deterrents limiting outages (0–1)•Transparency and accessibility of tariffs (0–1)•

Price of electricity (cents per kilowatt-hour)*

Price based on monthly bill for commercial warehouse in casestudy

*Note: measures the price of electricity, but it isnot included in the ease of doing business score nor in the rankingon the ease of getting electricity.

Doing Business

Case study assumptions

To make the data comparable across economies, several assumptions about the warehouse, theelectricity connection and the monthly consumption are used.

The warehouse:

- Is owned by a local entrepreneur and is used for storage of goods.- Is located in the economy’s largest business city. For 11 economies the data are also collected forthe second largest business city.- Is located in an area where similar warehouses are typically located and is in an area with nophysical constraints. For example, the property is not near a railway.- Is a new construction and is being connected to electricity for the first time.- Has two stories with a total surface area of approximately 1,300.6 square meters (14,000 squarefeet). The plot of land on which it is built is 929 square meters (10,000 square feet).

The electricity connection:

- Is a permanent one with a three-phase, four-wire Y connection with a subscribed capacity of 140-kilo-volt-ampere (kVA) with a power factor of 1, when 1 kVA = 1 kilowatt (kW).- Has a length of 150 meters. The connection is to either the low- or medium-voltage distributionnetwork and is either overhead or underground, whichever is more common in the area where thewarehouse is located and requires works that involve the crossing of a 10-meter road (such as byexcavation or overhead lines) but are all carried out on public land. There is no crossing of otherowners’ private property because the warehouse has access to a road.- Does not require work to install the internal wiring of the warehouse. This has already beencompleted up to and including the customer’s service panel or switchboard and the meter base.

The monthly consumption:

- It is assumed that the warehouse operates 30 days a month from 9:00 a.m. to 5:00 p.m. (8 hoursa day), with equipment utilized at 80% of capacity on average and that there are no electricity cuts(assumed for simplicity reasons) and the monthly energy consumption is 26,880 kilowatt-hours(kWh); hourly consumption is 112 kWh.- If multiple electricity suppliers exist, the warehouse is served by the cheapest supplier.- Tariffs effective in January of the current year are used for calculation of the price of electricity forthe warehouse. Although January has 31 days, for calculation purposes only 30 days are used.

DjiboutiDoing Business 2020

Page 15

Page 16: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Getting Electricity - Djibouti

Figure – Getting Electricity in Djibouti – Score

Procedures

83.3

Time

85.2

Cost

89.7

Reliability of supply and transparency oftariff index

0.0

Figure – Getting Electricity in Djibouti and comparator economies – Ranking and Score

DB 2020 Getting Electricity Score

0 100

87.1: Oman (Rank: 35)

77.9: Egypt, Arab Rep. (Rank: 77)

72.4: Regional Average (Middle East & North Africa)

64.6: Djibouti (Rank: 121)

60.1: Ethiopia (Rank: 137)

0.0: Eritrea (Rank: 187)

Note: The ranking of economies on the ease of getting electricity is determined by sorting their scores for getting electricity. These scores are the simple average of thescores for all the component indicators except the price of electricity.

Figure – Getting Electricity in Djibouti – Procedure, Time and Cost

This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.*

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the website ( ). For details on the proceduresDoing Business http://doingbusiness.org/en/methodology

Procedures (number)1 2 3 4

0

10

20

30

40

50

Tim

e (d

ays)

0

100

200

300

400

500

600

700

800

Cost

(% o

f inc

ome

per c

apita

)

Time (days) Cost (% of income per capita)

Standardized Connection

Name of utility Electricité de Djibouti (EDD)

Price of electricity (US cents per kWh) 26.2

City Covered Djibouti Ville

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Procedures (number) 4 4.4 4.4 3 (28 Economies)

Time (days) 52 63.5 74.8 18 (3 Economies)

Cost (% of income per capita) 831.2 419.6 61.0 0.0 (3 Economies)

Reliability of supply and transparency of tariff index (0-8) 0 4.4 7.4 8 (26 Economies)

DjiboutiDoing Business 2020

Page 16

Page 17: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

reflected here, see the summary below.

Figure – Getting Electricity in Djibouti and comparator economies – Measure of Quality

Djibouti Egypt,ArabRep.

Eritrea Ethiopia Oman MiddleEast

&NorthAfrica

012345678

Inde

x sc

ore

0

5

No Practice0

7

4.4

DjiboutiDoing Business 2020

Page 17

Page 18: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Getting Electricity in Djibouti – Procedure, Time and Cost

Takes place simultaneously with previous procedure.

No. Procedures Time to Complete Associated Costs

1 Submit application to Electricité de Djibouti and await inspection: Electricité de Djibouti (EDD)Agency

The application is typically submitted to Electricité de Djibouti (EDD) in person at the singlewindow or one of their agencies. A detailed load schedule should be attached to the application.The applicant will also need to show the original building permit and property title - for which theutility will immediately make a copy.

Once the application is lodged, it is sent to the design and planning office of EDD. They willproceed to send a technician on-site to determine the specifications of the connection.

10 calendar days DJF 0

2 Receive external inspection by Electricité de Djibouti and await estimate: Electricité de Djibouti (EDD)Agency

Electricité de Djibouti (EDD) inspects the site to determine (i) the feasibility and specifications ofthe connection and (ii) the amount the customer will need to pay for the connection fees.Following the inspection, the quote is transferred internally - from the secretariat to the servicemanager to, finally, the customer service department. The client will, in turn, be notified that theestimate is ready, which he/she needs to pay directly on-site.

5 calendar days DJF 0

3 Pay estimate and obtain external works from Electricité de Djibouti: Electricité de Djibouti (EDD)Agency

It is preferable to apply Tariff 3 (Low Voltage) which is more advantageous than Tariff 11 (MT).

After paying the connection fees, EDD will proceed to carry-out the external connection works.And for an electricity connection for the warehouse considered in this case study, an overheadconnection to the low voltage is most likely.

30 calendar days DJF 2,777,274

4 Sign supply contract and obtain final connection: Electricité de Djibouti (EDD)Agency

When the external works are completed, the client needs to sign a supply contract and deposithis/her "avance sur consommation" (security deposit) at one of the agencies of EDD. After this,EDD can proceed with the electricity supply turn-on.

7 calendar days DJF 419,546.52

DjiboutiDoing Business 2020

Page 18

Page 19: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Getting Electricity in Djibouti – Measure of Quality

Note:

If the duration and frequency of outages is 100 or less, the economy is eligible to score on the Reliability of supply and transparency of tariff index.

If the duration and frequency of outages is not available, or is over 100, the economy is not eligible to score on the index.

If the minimum outage time considered for SAIDI/SAIFI is over 5 minutes, the economy is not eligible to score on the index.

Answer

Reliability of supply and transparency of tariff index (0-8) 0

Total duration and frequency of outages per customer a year (0-3) 0

System average interruption duration index (SAIDI) ..

System average interruption frequency index (SAIFI) ..

What is the minimum outage time (in minutes) that the utility considers for the calculation of SAIDI/SAIFI N/A

Mechanisms for monitoring outages (0-1) 1

Does the distribution utility use automated tools to monitor outages? Yes

Mechanisms for restoring service (0-1) 1

Does the distribution utility use automated tools to restore service? Yes

Regulatory monitoring (0-1) 0

Does a regulator—that is, an entity separate from the utility—monitor the utility’s performance on reliability of supply? No

Financial deterrents aimed at limiting outages (0-1) 0

Does the utility either pay compensation to customers or face fines by the regulator (or both) if outages exceed a certain cap? No

Communication of tariffs and tariff changes (0-1) 1

Are effective tariffs available online? Yes

Link to the website, if available online https://www.edd.dj/assets/upload-docs/tarifs.pdf

Are customers notified of a change in tariff ahead of the billing cycle? Yes

DjiboutiDoing Business 2020

Page 19

Page 20: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Registering Property

This topic examines the steps, time and cost involved in registering property, assuming a standardized case of an entrepreneur who wants to purchase land and abuilding that is already registered and free of title dispute. In addition, the topic also measures the quality of the land administration system in each economy. The qualityof land administration index has five dimensions: reliability of infrastructure, transparency of information, geographic coverage, land dispute resolution, and equal accessto property rights. The most recent round of data collection for the project was completed in May 2019. .See the methodology for more information

What the indicators measure

Procedures to legally transfer title on immovable property(number)

Preregistration procedures (for example, checking for liens,notarizing sales agreement, paying property transfer taxes)

Registration procedures in the economy's largest business city.•Postregistration procedures (for example, filling title withmunicipality)

Time required to complete each procedure (calendar days)

Does not include time spent gathering information•Each procedure starts on a separate day - though proceduresthat can be fully completed online are an exception to this rule

Procedure is considered completed once final document isreceived

No prior contact with officials•Cost required to complete each procedure (% of propertyvalue)

Official costs only (such as administrative fees, duties andtaxes).

Value Added Tax, Capital Gains Tax and illicit payments areexcluded

Quality of land administration index (0-30)

Reliability of infrastructure index (0-8)•Transparency of information index (0–6)•Geographic coverage index (0–8)•Land dispute resolution index (0–8)•Equal access to property rights index (-2–0)•

Case study assumptions

To make the data comparable across economies, several assumptions about the parties to thetransaction, the property and the procedures are used.

The parties (buyer and seller):

- Are limited liability companies (or the legal equivalent).- Are located in the periurban (that is, on the outskirts of the city but still within its official limits)area of the economy’s largest business city. For 11 economies the data are also collected for thesecond largest business city.- Are 100% domestically and privately owned.- Perform general commercial activities.

The property (fully owned by the seller):

- Has a value of 50 times income per capita, which equals the sale price.- Is fully owned by the seller.- Has no mortgages attached and has been under the same ownership for the past 10 years.- Is registered in the land registry or cadastre, or both, and is free of title disputes.- Is located in a periurban commercial zone (that is, on the outskirts of the city but still within itsofficial limits), and no rezoning is required.- Consists of land and a building. The land area is 557.4 square meters (6,000 square feet). A two-story warehouse of 929 square meters (10,000 square feet) is located on the land. The warehouseis 10 years old, is in good condition, has no heating system and complies with all safety standards,building codes and legal requirements. The property, consisting of land and building, will betransferred in its entirety.- Will not be subject to renovations or additional construction following the purchase.- Has no trees, natural water sources, natural reserves or historical monuments of any kind.- Will not be used for special purposes, and no special permits, such as for residential use,industrial plants, waste storage or certain types of agricultural activities, are required.- Has no occupants, and no other party holds a legal interest in it.

DjiboutiDoing Business 2020

Page 20

Page 21: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Registering Property - Djibouti

Figure – Registering Property in Djibouti – Score

Procedures

58.3

Time

89.0

Cost

62.6

Quality of the land administration index

23.3

Figure – Registering Property in Djibouti and comparator economies – Ranking and Score

DB 2020 Registering Property Score

0 100

73.0: Oman (Rank: 52)

63.4: Regional Average (Middle East & North Africa)

58.3: Djibouti (Rank: 117)

55.0: Egypt, Arab Rep. (Rank: 130)

50.9: Ethiopia (Rank: 142)

35.3: Eritrea (Rank: 178)

Note: The ranking of economies on the ease of registering property is determined by sorting their scores for registering property. These scores are the simple average ofthe scores for each of the component indicators.

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Procedures (number) 6 5.4 4.7 1 (5 Economies)

Time (days) 24 26.6 23.6 1 (2 Economies)

Cost (% of property value) 5.6 5.6 4.2 0.0 (Saudi Arabia)

Quality of the land administration index (0-30) 7.0 14.6 23.2 None in 2018/19

DjiboutiDoing Business 2020

Page 21

Page 22: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Registering Property in Djibouti – Procedure, Time and Cost

This symbol is shown beside procedure numbers that take place simultaneously with the previous procedure.*

Note: Online procedures account for 0.5 days in the total time calculation. For economies that have a different procedure list for men and women, the graph shows thetime for women. For more information on methodology, see the website ( ). For details on the proceduresreflected here, see the summary below.

Doing Business http://doingbusiness.org/en/methodology

Procedures (number)1 2 3 4 5 6

0

5

10

15

20

Tim

e (d

ays)

0

1

2

3

4

5

6

Cost

(% o

f pro

pert

y va

lue)

Time (days) Cost (% of property value)

DjiboutiDoing Business 2020

Page 22

Page 23: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Registering Property in Djibouti and comparator economies – Measure of Quality

Djibouti Egypt,ArabRep.

Eritrea Ethiopia Oman MiddleEast

&NorthAfrica

02468

1012141618

Inde

x sc

ore

7.09.0

6.5 5.5

17.014.6

Details – Registering Property in Djibouti – Procedure, Time and Cost

Takes place simultaneously with previous procedure.

No. Procedures Time to Complete Associated Costs

1 Buyer and seller go to the notary with the title to draft the sale-purchase agreement: NotaryAgency

The property folder (dossier foncier) is already in possession of the seller. The folder contains thefollowing documents: the property title, a cadastral plan of the property, the acquisition price of theprevious sale, the names of the owners, and the surface area of the land. The Notary must draftthe sale and purchase agreement. The costs for any property transfer is 3% of the property value(law n°005/ AN/18/8èmeL modifying the General Fiscal Code).

1 day DJF 1,077,517.11; (2% ofproperty value (mutationfee) + 3% of propertyvalue (transfer fee) +40,000 F to 180,000 F(notary fees) + 1000 F perpage (x 6, stamp duties))

2 Notary checks for mortgages or liens on the property: Conservation de la propriété foncièreAgency

The Notary check that the property has no liens or charges at the land Registry (Service desDomaines - Conservation de la Propriété Foncière) and asks for a complete list of documentsaffecting the property (fiche de renseignement sur un titre foncier).

3 days DJF 2,500

3 Notary proceeds to tax authorities to check status of the property and capital gains: Tax AuthorityAgency

The Notary submits a copy of the sale-purchase agreement to the Tax Authority to determine thecapital gain. After receiving the capital gains tax (if there any to be paid), the notary could convenethe parties for the signature of the sale-purchase agreement.

Tax Authority must always be consulted to determine the capital value as a requirement before thesigning of the sale agreement. In the majority of cases, the tax authorities re-estimate the sellingprice (70% of cases) for the payment of the additional amount of capital gain, and this step cantake up to a week.

7 days no charge

4 Parties return to the notary to sign the sale-purchase agreement: NotaryAgency

Once the Capital Gains Tax (CGT) has been determined by the tax authority, the notary convenesthe two parties to finalize the deed of sale by signing it in front of him. Once this is accomplished,the notary will also sign the deed of sale. The cost of any transfer of ownership is 3% of the valueof the property (Law No. 005 / AN / 18 / 8th amending the General Tax Code).

At this point, the buyer only remits a portion of the amount (a deposit) to the seller and if there is again, the seller will pay 5% of the amount of the gain.

1 day (already paid in Procedure1)

5 Notary registers the sale agreement with the tax authority.: Tax AuthorityAgency

The sale-purchase agreement is notarized (acte de vente) and then it's registered with the TaxAuthority (bureau de l’Enregistrement et du Timbre). The notary pays the registration fees directlyat l’Hôtel des Impôts.Documents needed for the registration at the Tax Authority:- Taxes clearance certificate (Certificat liberatoire)- Sale-purchase agreement- Proof of payment property transfer fee (3% property value)

3 days 3% property value (alreadypaid in Procedure 1) +1000 F per page (x 6,stamp duties already paidin Procedure 1)

6 Notary requests a name change on behalf of the new owner at the Conservation de lapropriété foncière

: Conservation de la propriété foncièreAgencyThe notary can now request the transfer of the title in the name of the new owner. He will deliverthe authenticated deed of sale, a copy of the old title deed, a copy of the identity documents of thebuyer and seller, and finally the proof of payment of the transfer tax of 2% of the value of theproperty. The procedure involves checking all paper records and transaction history for theproperty. The director of the land registry must sign the papers to make them official. The buyerwill obtain the title of ownership with a new page with the details of the last transaction and thechange of ownership.

9 days 2% property value (alreadypaid in Procedure 1)

DjiboutiDoing Business 2020

Page 23

Page 24: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Registering Property in Djibouti – Measure of Quality

Answer Score

Quality of the land administration index (0-30) 7.0

Reliability of infrastructure index (0-8) 3.0

Type of land registration system in the economy: Title RegistrationSystem

What is the institution in charge of immovable property registration? Service desDomaines et de laConservationFonciere

In what format are past and newly issued land records kept at the immovable property registry of the largestbusiness city of the economy —in a paper format or in a computerized format (scanned or fully digital)?

Computer/Scanned 1.0

Is there a comprehensive and functional electronic database for checking for encumbrances (liens, mortgages,restrictions and the like)?

No 0.0

Institution in charge of the plans showing legal boundaries in the largest business city: Service desDomaines et de laConservationFonciere

In what format are past and newly issued cadastral plans kept at the mapping agency of the largest businesscity of the economy—in a paper format or in a computerized format (scanned or fully digital)?

Paper 0.0

Is there an electronic database for recording boundaries, checking plans and providing cadastral information(geographic information system)?

No 0.0

Is the information recorded by the immovable property registration agency and the cadastral or mapping agencykept in a single database, in different but linked databases or in separate databases?

Single database 1.0

Do the immovable property registration agency and cadastral or mapping agency use the same identificationnumber for properties?

Yes 1.0

Transparency of information index (0–6) 1.5

Who is able to obtain information on land ownership at the agency in charge of immovable property registrationin the largest business city?

Only intermediariesand interested parties

0.0

Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how?

Yes, online 0.5

Link for online access: http://www.ministerebudget.gouv.dj/index.php/acceuil

Is the applicable fee schedule for any type of property transaction at the agency in charge of immovable propertyregistration in the largest business city made publicly available–and if so, how?

Yes, in person 0.0

Link for online access:

Does the agency in charge of immovable property registration agency formally commit to deliver a legallybinding document that proves property ownership within a specific timeframe –and if so, how does itcommunicate the service standard?

Yes, online 0.5

Link for online access: http://www.ministerebudget.gouv.dj/index.php/acceuil

Is there a specific and independent mechanism for filing complaints about a problem that occurred at the agencyin charge of immovable property registration?

No 0.0

Contact information:

Are there publicly available official statistics tracking the number of transactions at the immovable propertyregistration agency?

No 0.0

Number of property transfers in the largest business city in 2018:

Who is able to consult maps of land plots in the largest business city? Only intermediariesand interested parties

0.0

Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, in person 0.0

DjiboutiDoing Business 2020

Page 24

Page 25: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Link for online access:

Does the cadastral/mapping agency formally specifies the timeframe to deliver an updated cadastral plan—andif so, how does it communicate the service standard?

Yes, online 0.5

Link for online access: http://www.ministerebudget.gouv.dj/index.php/acceuil

Is there a specific and independent mechanism for filing complaints about a problem that occurred at thecadastral or mapping agency?

No 0.0

Contact information:

Geographic coverage index (0–8) 0.0

Are all privately held land plots in the largest business city formally registered at the immovable propertyregistry?

No 0.0

Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0

Are all privately held land plots in the largest business city mapped? No 0.0

Are all privately held land plots in the economy mapped? No 0.0

Land dispute resolution index (0–8) 2.5

Does the law require that all property sale transactions be registered at the immovable property registry to makethem opposable to third parties?

Yes 1.5

Legal basis: Article 13 of the Lawn°006/ AN/18/8èmeLmodifying the article60 of the law n°177/AN/91/2èmeL.

Is the system of immovable property registration subject to a state or private guarantee? No 0.0

Type of guarantee:

Legal basis:

Is there a is a specific, out-of-court compensation mechanism to cover for losses incurred by parties whoengaged in good faith in a property transaction based on erroneous information certified by the immovableproperty registry?

No 0.0

Legal basis:

Does the legal system require a control of legality of the documents necessary for a property transaction (e.g.,checking the compliance of contracts with requirements of the law)?

Yes 0.5

If yes, who is responsible for checking the legality of the documents? Registrar; Notary;Lawyer;

Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5

If yes, who is responsible for verifying the identity of the parties? Registrar; Notary;Lawyer;

Is there a national database to verify the accuracy of government issued identity documents? No 0.0

What is the Court of first instance in charge of a case involving a standard land dispute between two localbusinesses over tenure rights for a property worth 50 times gross national income (GNI) per capita and locatedin the largest business city?

Tribunal civil

How long does it take on average to obtain a decision from the first-instance court for such a case (withoutappeal)?

More than 3 years 0.0

Are there publicly available statistics on the number of land disputes at the economy level in the first instancecourt?

No 0.0

Number of land disputes in the economy in 2018:

Equal access to property rights index (-2–0) 0.0

Do unmarried men and unmarried women have equal ownership rights to property? Yes

Do married men and married women have equal ownership rights to property? Yes 0.0

DjiboutiDoing Business 2020

Page 25

Page 26: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Getting Credit

This topic explores two sets of issues—the strength of credit reporting systems and the effectiveness of collateral and bankruptcy laws in facilitating lending. The mostrecent round of data collection for the project was completed in May 2019. .See the methodology for more information

What the indicators measure

Strength of legal rights index (0–12)

Rights of borrowers and lenders through collateral laws (0-10)•Protection of secured creditors’ rights through bankruptcy laws(0-2)

Depth of credit information index (0–8)

Scope and accessibility of credit information distributed bycredit bureaus and credit registries (0-8)

Credit bureau coverage (% of adults)

Number of individuals and firms listed in largest credit bureauas a percentage of adult population

Credit registry coverage (% of adults)

Number of individuals and firms listed in credit registry as apercentage of adult population

Case study assumptions

assesses the sharing of credit information and the legal rights of borrowers andlenders with respect to secured transactions through 2 sets of indicators. The depth of creditinformation index measures rules and practices affecting the coverage, scope and accessibility ofcredit information available through a credit registry or a credit bureau. The strength of legal rightsindex measures the degree to which collateral and bankruptcy laws protect the rights of borrowersand lenders and thus facilitate lending. For each economy it is first determined whether a unitarysecured transactions system exists. Then two case scenarios, case A and case B, are used todetermine how a nonpossessory security interest is created, publicized and enforced according tothe law. Special emphasis is given to how the collateral registry operates (if registration of securityinterests is possible). The case scenarios involve a secured borrower, company ABC, and asecured lender, BizBank.

Doing Business

In some economies the legal framework for secured transactions will allow only case A or case B(not both) to apply. Both cases examine the same set of legal provisions relating to the use ofmovable collateral.

Several assumptions about the secured borrower (ABC) and lender (BizBank) are used:

- ABC is a domestic limited liability company (or its legal equivalent).- ABC has up to 50 employees.- ABC has its headquarters and only base of operations in the economy’s largest business city. For11 economies the data are also collected for the second largest business city.- Both ABC and BizBank are 100% domestically owned.

The case scenarios also involve assumptions. In case A, as collateral for the loan, ABC grantsBizBank a nonpossessory security interest in one category of movable assets, for example, itsmachinery or its inventory. ABC wants to keep both possession and ownership of the collateral. Ineconomies where the law does not allow nonpossessory security interests in movable property,ABC and BizBank use a fiduciary transfer-of-title arrangement (or a similar substitute fornonpossessory security interests).

In case B, ABC grants BizBank a business charge, enterprise charge, floating charge or anycharge that gives BizBank a security interest over ABC’s combined movable assets (or as much ofABC’s movable assets as possible). ABC keeps ownership and possession of the assets.

DjiboutiDoing Business 2020

Page 26

Page 27: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Getting Credit - Djibouti

Figure – Getting Credit in Djibouti – Score

Score - Getting Credit

40.0

Figure – Getting Credit in Djibouti and comparator economies – Ranking and Score

DB 2020 Getting Credit Score

0 100

65.0: Egypt, Arab Rep. (Rank: 67)

41.8: Regional Average (Middle East & North Africa)

40.0: Djibouti (Rank: 132)

35.0: Oman (Rank: 144)

15.0: Ethiopia (Rank: 176)

0.0: Eritrea (Rank: 186)

Note: The ranking of economies on the ease of getting credit is determined by sorting their scores for getting credit. These scores are the sum of the scores for thestrength of legal rights index and the depth of credit information index.

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Strength of legal rights index (0-12) 8 3.1 6.1 12 (5 Economies)

Depth of credit information index (0-8) 0 5.3 6.8 8 (53 Economies)

Credit registry coverage (% of adults) 0.4 15.8 24.4 100.0 (2 Economies)

Credit bureau coverage (% of adults) 0.0 16.3 66.7 100.0 (14 Economies)

DjiboutiDoing Business 2020

Page 27

Page 28: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Legal Rights in Djibouti and comparator economies

Djibouti Egypt,ArabRep.

Eritrea Ethiopia Oman MiddleEast

&NorthAfrica

0123456789

Inde

x Sc

ore

8

5

0

3

1

3.1

DjiboutiDoing Business 2020

Page 28

Page 29: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Legal Rights in Djibouti

Strength of legal rights index (0-12) 8

Does an integrated or unified legal framework for secured transactions that extends to the creation, publicity and enforcement of functional equivalentsto security interests in movable assets exist in the economy?

Yes

Does the law allow businesses to grant a non possessory security right in a single category of movable assets, without requiring a specific descriptionof collateral?

Yes

Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a specific description ofcollateral?

Yes

May a security right extend to future or after-acquired assets, and does it extend automatically to the products, proceeds and replacements of theoriginal assets?

Yes

Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties;and can the collateral agreement include a maximum amount for which the assets are encumbered?

Yes

Is a collateral registry in operation for both incorporated and non-incorporated entities, that is unified geographically and by asset type, with anelectronic database indexed by debtor's name?

Yes

Does a notice-based collateral registry exist in which all functional equivalents can be registered? Yes

Does a modern collateral registry exist in which registrations, amendments, cancellations and searches can be performed online by any interested thirdparty?

No

Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor defaults outside an insolvency procedure? Yes

Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is liquidated? No

Are secured creditors subject to an automatic stay on enforcement when a debtor enters a court-supervised reorganization procedure? Does the lawprotect secured creditors’ rights by providing clear grounds for relief from the stay and sets a time limit for it?

No

Does the law allow parties to agree on out of court enforcement at the time a security interest is created? Does the law allow the secured creditor to sellthe collateral through public auction or private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt?

No

Figure – Credit Information in Djibouti and comparator economies

Djibouti Egypt,ArabRep.

Eritrea Ethiopia Oman MiddleEast

&NorthAfrica

0123456789

Inde

x Sc

ore

0

8

0 0

65.3

DjiboutiDoing Business 2020

Page 29

Page 30: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Credit Information in Djibouti

Note: An economy receives a score of 1 if there is a "yes" to either bureau or registry. If the credit bureau or registry is not operational or covers less than 5% of the adultpopulation, the total score on the depth of credit information index is 0.

Depth of credit information index (0-8) Credit bureau Credit registry Score

Are data on both firms and individuals distributed? No No 0

Are both positive and negative credit data distributed? No No 0

Are data from retailers or utility companies - in addition to data from banks andfinancial institutions - distributed?

No No 0

Are at least 2 years of historical data distributed? (Credit bureaus and registriesthat distribute more than 10 years of negative data or erase data on defaults assoon as they are repaid obtain a score of 0 for this component.)

No No 0

Are data on loan amounts below 1% of income per capita distributed? No No 0

By law, do borrowers have the right to access their data in the credit bureau orcredit registry?

No No 0

Can banks and financial institutions access borrowers’ credit information online(for example, through an online platform, a system-to-system connection orboth)?

No No 0

Are bureau or registry credit scores offered as a value-added service to helpbanks and financial institutions assess the creditworthiness of borrowers?

No No 0

Coverage Credit bureau Credit registry

Number of individuals 0 1,731

Number of firms 0 1,043

Total 0 2,774

Percentage of adult population 0.0 0.4

DjiboutiDoing Business 2020

Page 30

Page 31: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Protecting Minority Investors

This topic measures the strength of minority shareholder protections against misuse of corporate assets by directors for their personal gain as well as shareholder rights,governance safeguards and corporate transparency requirements that reduce the risk of abuse. The most recent round of data collection for the project was completedin May 2019. .See the methodology for more information

What the indicators measure

: Disclosure, review, andapproval requirements for related-party transactions

• Extent of disclosure index (0–10)

: Ability of minorityshareholders to sue and hold interested directors liable forprejudicial related-party transactions; Available legalremedies (damages, disgorgement of profits, disqualificationfrom managerial position(s) for one year or more, rescission ofthe transaction)

• Extent of director liability index (0–10)

: Access to internalcorporate documents; Evidence obtainable during trial andallocation of legal expenses

• Ease of shareholder suits index (0–10)

Sum ofthe extent of disclosure, extent of director liability and ease ofshareholder suits indices

• Extent of conflict of interest regulation index (0-30):

: Shareholders’ rightsand role in major corporate decisions

• Extent of shareholder rights index (0-6)

: Governancesafeguards protecting shareholders from undue board controland entrenchment

• Extent of ownership and control index (0-7)

: Corporatetransparency on ownership stakes, compensation, audits andfinancial prospects

• Extent of corporate transparency index (0-7)

: Sum of theextent of shareholders rights, extent of ownership and controland extent of corporate transparency indices

• Extent of shareholder governance index (0–20)

: Sumof the extent of conflict of interest regulation and extent ofshareholder governance indices

• Strength of minority investor protection index (0–50)

Case study assumptions

To make the data comparable across economies, a case study uses several assumptions aboutthe business and the transaction.

- Is a publicly traded corporation listed on the economy’s most important stock exchange.- Has a board of directors and a chief executive officer (CEO) who may legally act on behalf ofBuyer where permitted, even if this is not specifically required by law.- Has a supervisory board in economies with a two-tier board system on which Mr. Jamesappointed 60% of the shareholder-elected members.- Has not adopted bylaws or articles of association that go beyond the minimum requirements.Does not follow codes, principles, recommendations or guidelines that are not mandatory.- Is a manufacturing company with its own distribution network.

The business (Buyer):

- Mr. James owns 60% of Buyer, sits on Buyer’s board of directors and elected two directors toBuyer’s five-member board.- Mr. James also owns 90% of Seller, a company that operates a chain of retail hardware stores.Seller recently closed a large number of its stores.- Mr. James proposes that Buyer purchase Seller’s unused fleet of trucks to expand Buyer’sdistribution of its food products, a proposal to which Buyer agrees. The price is equal to 10% ofBuyer’s assets and is higher than the market value.- The proposed transaction is part of the company’s principal activity and is not outside theauthority of the company.- Buyer enters into the transaction. All required approvals are obtained, and all required disclosuresmade—that is, the transaction was not entered into fraudulently.- The transaction causes damages to Buyer. Shareholders sue Mr. James and the executives anddirectors that approved the transaction.

The transaction involves the following details:

DjiboutiDoing Business 2020

Page 31

Page 32: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Protecting Minority Investors - Djibouti

Figure – Protecting Minority in Djibouti – Score

Score - Protecting Minority Investors

52.0

Figure – Protecting Minority Investors in Djibouti and comparator economies – Ranking and Score

DB 2020 Protecting Minority Investors Score

0 100

64.0: Egypt, Arab Rep. (Rank: 57)

56.0: Oman (Rank: 88)

52.0: Djibouti (Rank: 103)

51.9: Regional Average (Middle East & North Africa)

16.0: Eritrea (Rank: 185)

10.0: Ethiopia (Rank: 189)

Note: The ranking of economies on the strength of minority investor protections is determined by sorting their scores for protecting minority investors. These scores arethe simple average of the scores for the extent of conflict of interest regulation index and the extent of shareholder governance index.

Stock exchange information

Stock exchange

Stock exchange URL

Listed firms with equity securities 0

City Covered Djibouti Ville

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Extent of disclosure index (0-10) 8.0 6.4 6.5 10 (13 Economies)

Extent of director liability index (0-10) 8.0 4.8 5.3 10 (3 Economies)

Ease of shareholder suits index (0-10) 10.0 4.7 7.3 10 (Djibouti)

Extent of shareholder rights index (0-6) 0.0 3.2 4.7 6 (19 Economies)

Extent of ownership and control index (0-7) 0.0 3.6 4.5 7 (9 Economies)

Extent of corporate transparency index (0-7) 0.0 3.5 5.7 7 (13 Economies)

DjiboutiDoing Business 2020

Page 32

Page 33: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Protecting Minority Investors in Djibouti and comparator economies – Measure of Quality

Djibouti

Egypt, Arab Rep.

Eritrea

Ethiopia

Oman

OECD high income

Middle East & North Africa

0 5 10 15 20 25 30 35 40Sub-Indicator Score

0 8 8 00 10

6 3 8 6 6 3

00 3 00 5

00 3 00 2

3 5 8 5 4 3

5.6 5.6 6.6 4.3 4.5 7.4

3.5 4.8 6.4 3.6 3.2 4.7

Extent of corporate transparency index (0-7) Extent of director liability index (0-10) Extent of disclosure index (0-10) Extent of ownership and control index (0-7)Extent of shareholder rights index (0-6) Ease of shareholder suits index (0-10)

DjiboutiDoing Business 2020

Page 33

Page 34: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Protecting Minority Investors in Djibouti – Measure of Quality

Answer Score

Extent of conflict of interest regulation index (0-30)

Extent of disclosure index (0-10) 8.0

Whose decision is sufficient to approve the Buyer-Seller transaction? (0-3) Shareholdersexcluding interestedparties

3.0

Must an external body review the terms of the transaction before it takes place? (0-1) Yes 1.0

Must Mr. James disclose his conflict of interest to the board of directors? (0-2) Full disclosure of allmaterial facts

2.0

Must Buyer disclose the transaction in periodic filings (e.g. annual reports)? (0-2) Disclosure on thetransaction and onthe conflict of interest

2.0

Must Buyer immediately disclose the transaction to the public? (0-2) No disclosureobligation

0.0

Extent of director liability index (0-10) 8.0

Can shareholders representing 10% of Buyer's share capital sue for the damage the transaction caused toBuyer? (0-1)

Yes 1.0

Can shareholders hold Mr. James liable for the damage the transaction caused to Buyer? (0-2) Liable if unfair orprejudicial

2.0

Can shareholders hold the other directors liable for the damage the transaction caused to Buyer? (0-2) Not liable 0.0

Must Mr. James pay damages for the harm caused to Buyer upon a successful claim by shareholders? (0-1) Yes 1.0

Must Mr. James repay profits made from the transaction upon a successful claim by shareholders? (0-1) Yes 1.0

Is Mr. James disqualified upon a successful claim by shareholders? (0-1) Yes 1.0

Can a court void the transaction upon a successful claim by shareholders? (0-2) Voidable if unfair orprejudicial

2.0

Ease of shareholder suits index (0-10) 10.0

Before suing, can shareholders representing 10% of Buyer's share capital inspect the transaction documents?(0-1)

Yes 1.0

Can the plaintiff obtain any documents from the defendant and witnesses at trial? (0-3) Any relevantdocument

3.0

Can the plaintiff request categories of documents from the defendant without identifying specific ones? (0-1) Yes 1.0

Can the plaintiff directly question the defendant and witnesses at trial? (0-2) Yes 2.0

Is the level of proof required for civil suits lower than that of criminal cases? (0-1) Yes 1.0

Can shareholder plaintiffs recover their legal expenses from the company? (0-2) Yes regardless ofoutcome

2.0

Extent of shareholder governance index (0-20)

Extent of shareholder rights index (0-6) 0.0

Does the sale of 51% of Buyer's assets require shareholder approval? Yes 1.0

Can shareholders representing 10% of Buyer's share capital call for a meeting of shareholders? Yes 1.0

Must Buyer obtain its shareholders’ approval every time it issues new shares? No 0.0

Do shareholders automatically receive preemption rights every time Buyer issues new shares? Yes 1.0

Do shareholders elect and dismiss the external auditor? Yes 1.0

Are changes to the rights of a class of shares only possible if the holders of the affected shares approve? Yes 1.0

Extent of ownership and control index (0-7) 0.0

DjiboutiDoing Business 2020

Page 34

Page 35: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Is it forbidden to appoint the same individual as CEO and chairperson of the board of directors? Yes 1.0

Must the board of directors include independent and nonexecutive board members? Yes 1.0

Can shareholders remove members of the board of directors without cause before the end of their term? Yes 1.0

Must the board of directors include a separate audit committee exclusively comprising board members? Yes 1.0

Must a potential acquirer make a tender offer to all shareholders upon acquiring 50% of Buyer? Yes 1.0

Must Buyer pay declared dividends within a maximum period set by law? Yes 1.0

Is a subsidiary prohibited from acquiring shares issued by its parent company? Yes 1.0

Extent of corporate transparency index (0-7) 0.0

Must Buyer disclose direct and indirect beneficial ownership stakes representing 5%? Yes 1.0

Must Buyer disclose information about board members’ primary employment and directorships in othercompanies?

Yes 1.0

Must Buyer disclose the compensation of individual managers? Yes 1.0

Must a detailed notice of general meeting be sent 21 days before the meeting? Yes 1.0

Can shareholders representing 5% of Buyer’s share capital put items on the general meeting agenda? Yes 1.0

Must Buyer's annual financial statements be audited by an external auditor? Yes 1.0

Must Buyer disclose its audit reports to the public? Yes 1.0

DjiboutiDoing Business 2020

Page 35

Page 36: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Paying Taxes

This topic records the taxes and mandatory contributions that a medium-size company must pay or withhold in a given year, as well as the administrative burden ofpaying taxes and contributions and complying with postfiling procedures (VAT refund and tax audit). The most recent round of data collection for the project wascompleted in May 2019 covering for the Paying Taxes indicator calendar year 2018 (January 1, 2018 – December 31, 2018). See the methodology for more information.

What the indicators measure

Tax payments for a manufacturing company in 2018 (numberper year adjusted for electronic and joint filing and payment)

Total number of taxes and contributions paid or withheld,including consumption taxes (value added tax, sales tax orgoods and service tax)

Method and frequency of filing and payment•Time required to comply with 3 major taxes (hours per year)

Collecting information, computing tax payable•Preparing separate tax accounting books, if required•Completing tax return, filing with agencies•Arranging payment or withholding•

Total tax and contribution rate (% of commercial profits)

Profit or corporate income tax•Social contributions, labor taxes paid by employer•Property and property transfer taxes•Dividend, capital gains, financial transactions taxes•Waste collection, vehicle, road and other taxes•

Postfiling Index

Time to comply with VAT refund (hours)•Time to obtain VAT refund (weeks)•Time to comply with a corporate income tax correction (hours)•Time to complete a corporate income tax correction (weeks)•

Case study assumptions

Using a case scenario, records taxes and mandatory contributions a medium sizecompany must pay in a year, and measures the administrative burden of paying taxes,contributions and dealing with postfiling processes. Information is also compiled on frequency offiling and payments, time taken to comply with tax laws, time taken to comply with therequirements of postfiling processes and time waiting.

Doing Business

To make data comparable across economies, several assumptions are used:- TaxpayerCo is a medium-size business that started operations on January 1, 2017. It producesceramic flowerpots and sells them at retail.

Taxes and mandatory contributions are measuredat all levels of government.

- In June 2018, TaxpayerCo. makes a large capital purchase: the value of the machine is 65 timesincome per capita of the economy. Sales are equally spread per month (1,050 times income percapita divided by 12) and cost of goods sold are equally expensed per month (875 times incomeper capita divided by 12). The machinery seller is registered for VAT and excess input VAT incurredin June will be fully recovered after four consecutive months if the VAT rate is the same for inputs,sales and the machine and the tax reporting period is every month. Input VAT will exceed OutputVAT in June 2018.

All taxes and contributions recorded are paid in thesecond year of operation (calendar year 2018).

The VAT refund process:

- An error in calculation of income tax liability (for example, use of incorrect tax depreciation rates,or incorrectly treating an expense as tax deductible) leads to an incorrect income tax return and acorporate income tax underpayment. TaxpayerCo. discovered the error and voluntarily notified thetax authority. The value of the underpaid income tax liability is 5% of the corporate income taxliability due. TaxpayerCo. submits corrected information after the deadline for submitting the annualtax return, but within the tax assessment period.

The corporate income tax audit process:

DjiboutiDoing Business 2020

Page 36

Page 37: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Paying Taxes - Djibouti

Figure – Paying Taxes in Djibouti – Score

Payments

46.7

Time

95.8

Total tax and contribution rate

83.3

Postfiling index

25.2

Figure – Paying Taxes in Djibouti and comparator economies – Ranking and Score

DB 2020 Paying Taxes Score

0 100

90.2: Oman (Rank: 11)

75.1: Regional Average (Middle East & North Africa)

63.3: Ethiopia (Rank: 132)

62.7: Djibouti (Rank: 133)

55.9: Eritrea (Rank: 153)

55.1: Egypt, Arab Rep. (Rank: 156)

Note: The ranking of economies on the ease of paying taxes is determined by sorting their scores for paying taxes. These scores are the simple average of the scores foreach of the component indicators, with a threshold and a nonlinear transformation applied to one of the component indicators, the total tax and contribution rate. Thethreshold is defined as the total tax and contribution rate at the 15th percentile of the overall distribution for all years included in the analysis up to and including DoingBusiness 2015, which is 26.1%. All economies with a total tax and contribution rate below this threshold receive the same score as the economy at the threshold.

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Payments (number per year) 35 16.5 10.3 3 (2 Economies)

Time (hours per year) 76 202.6 158.8 49 (3 Economies)

Total tax and contribution rate (% of profit) 37.9 32.5 39.9 26.1 (33 Economies)

Postfiling index (0-100) 25.2 53.3 86.7 None in 2018/19

DjiboutiDoing Business 2020

Page 37

Page 38: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Paying Taxes in Djibouti and comparator economies – Measure of Quality

Djibouti Egypt,ArabRep.

Eritrea Ethiopia Oman MiddleEast

&NorthAfrica

0102030405060708090

100

Inde

x sc

ore

25.236.3

93.1

51.6

85.3

53.3

DjiboutiDoing Business 2020

Page 38

Page 39: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Paying Taxes in Djibouti

Tax ormandatorycontribution

Payments(number)

Notes onPayments

Time (hours) Statutory taxrate

Tax base Total tax andcontributionrate (% ofprofit)

Notes on TTCR

Social securitycontributions

12.0 36.0 15.7% gross salaries 17.71

Corporateincome tax

4.0 24.0 25% of profits or1% of turnover(whichever ishigher)

17.68

Business license(patente)

1.0 FD 144,000 fixed fees 0.96

Unbuilt propertytax

1.0 25% rental value 0.84

Tax on insurancecontracts

1.0 20% Value ofinsurance

0.42

Vehicle tax 1.0 FD 35,000 fixed fees 0.22

Local tax (trashcollection etc)

1.0 4.5% built propertyrental value

0.12

Employee paid -Social securitycontributions

0.0 jointly 6% gross salaries 0.00 withheld

Fuel tax 1.0 included in priceof fuel

0.00 small amount

Stamp duty 1.0 various rates per page ortransaction

0.00 small amount

Value Added Tax(VAT)

12.0 16.0 10% value added 0.00 not included

Totals 35 76 37.9

DjiboutiDoing Business 2020

Page 39

Page 40: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Paying Taxes in Djibouti – Tax by Type

Taxes by type Answer

Profit tax (% of profit) 17.7

Labor tax and contributions (% of profit) 17.7

Other taxes (% of profit) 2.6

DjiboutiDoing Business 2020

Page 40

Page 41: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Paying Taxes in Djibouti – Measure of Quality

Names of taxes have been standardized. For instance income tax, profit tax, tax on company's income are all named corporate income tax in this table.The hours for VAT include all the VAT and sales taxes applicable.The hours for Social Security include all the hours for labor taxes and mandatory contributions in general.The postfiling index is the average of the scores on time to comply with VAT refund, time to obtain a VAT refund, time to comply with a corporate income tax correctionand time to complete a corporate income tax correction.N/A = Not applicable.

Notes:

Answer Score

Postfiling index (0-100) 25.2

VAT refunds

Does VAT exist? Yes

Does a VAT refund process exist per the case study? No

Restrictions on VAT refund process none

Percentage of cases exposed to a VAT audit (%) Not applicable

Is there a mandatory carry forward period? No

Time to comply with VAT refund (hours) No VAT refund percase study scenario

0.0

Time to obtain VAT refund (weeks) No VAT refund percase study scenario

0.0

Corporate income tax audits

Does corporate income tax exist? Yes

Percentage of cases exposed to a corporate income tax audit (%) 50% - 74%

Time to comply with a corporate income tax correction (hours) 15.0 75.2

Time to complete a corporate income tax correction (weeks) 23.9 25.4

DjiboutiDoing Business 2020

Page 41

Page 42: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Trading across Borders

records the time and cost associated with the logistical process of exporting and importing goods. measures the time and cost (excludingtariffs) associated with three sets of procedures—documentary compliance, border compliance and domestic transport—within the overall process of exporting orimporting a shipment of goods. The most recent round of data collection for the project was completed in May 2019. .

Doing Business Doing Business

See the methodology for more information

What the indicators measure

Documentary compliance

Obtaining, preparing and submitting documents duringtransport, clearance, inspections and port or border handling inorigin economy

Obtaining, preparing and submitting documents required bydestination economy and any transit economies

Covers all documents required by law and in practice, includingelectronic submissions of information

Border compliance

Customs clearance and inspections•Inspections by other agencies (if applied to more than 20% ofshipments)

Handling and inspections that take place at the economy’s portor border

Domestic transport

Loading or unloading of the shipment at the warehouse orport/border

Transport between warehouse and port/border•Traffic delays and road police checks while shipment is enroute

Case study assumptions

To make the data comparable across economies, a few assumptions are made about the tradedgoods and the transactions:

Time is measured in hours, and 1 day is 24 hours (for example, 22 days are recorded as22×24=528 hours). If customs clearance takes 7.5 hours, the data are recorded as is. Alternatively,suppose documents are submitted to a customs agency at 8:00a.m., are processed overnight andcan be picked up at 8:00a.m. the next day. The time for customs clearance would be recorded as24 hours because the actual procedure took 24 hours.

Time:

Insurance cost and informal payments for which no receipt is issued are excluded from thecosts recorded. Costs are reported in U.S. dollars. Contributors are asked to convert local currencyinto U.S. dollars based on the exchange rate prevailing on the day they answer the questionnaire.Contributors are private sector experts in international trade logistics and are informed aboutexchange rates.

Cost:

- For all 190 economies covered by , it is assumed a shipment is in a warehouse inthe largest business city of the exporting economy and travels to a warehouse in the largestbusiness city of the importing economy.- It is assumed each economy imports 15 metric tons of containerized auto parts (HS 8708) fromits natural import partner—the economy from which it imports the largest value (price timesquantity) of auto parts. It is assumed each economy exports the product of its comparativeadvantage (defined by the largest export value) to its natural export partner—the economy that isthe largest purchaser of this product. Shipment value is assumed to be $50,000.- The mode of transport is the one most widely used for the chosen export or import product andthe trading partner, as is the seaport or land border crossing.- All electronic information submissions requested by any government agency in connection withthe shipment are considered to be documents obtained, prepared and submitted during the exportor import process.- A port or border is a place (seaport or land border crossing) where merchandise can enter orleave an economy.- Relevant government agencies include customs, port authorities, road police, border guards,standardization agencies, ministries or departments of agriculture or industry, national securityagencies and any other government authorities.

Assumptions of the case study:Doing Business

DjiboutiDoing Business 2020

Page 42

Page 43: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Trading across Borders - Djibouti

Figure – Trading across Borders in Djibouti – Score

Timeto

export:Border

compliance

55.3

Costto

export:Border

compliance

42.9

Timeto

export:Documentarycompliance

65.1

Costto

export:Documentarycompliance

76.3

Timeto

import:Border

compliance

58.1

Costto

import:Border

compliance

12.1

Timeto

import:Documentarycompliance

79.5

Costto

import:Documentarycompliance

85.7

Figure – Trading across Borders in Djibouti and comparator economies – Ranking and Score

DB 2020 Trading Across Borders Score

0 100

84.1: Oman (Rank: 64)

61.8: Regional Average (Middle East & North Africa)

59.4: Djibouti (Rank: 147)

56.0: Ethiopia (Rank: 156)

42.2: Egypt, Arab Rep. (Rank: 171)

0.0: Eritrea (Rank: 188)

Note: The ranking of economies on the ease of trading across borders is determined by sorting their scores for trading across borders. These scores are the simpleaverage of the scores for the time and cost for documentary compliance and border compliance to export and import.

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Time to export: Border compliance (hours) 72 52.5 12.7 1 (19 Economies)

Cost to export: Border compliance (USD) 605 441.8 136.8 0 (19 Economies)

Time to export: Documentary compliance (hours) 60 66.4 2.3 1 (26 Economies)

Cost to export: Documentary compliance (USD) 95 240.7 33.4 0 (20 Economies)

Time to import: Border compliance (hours) 118 94.2 8.5 1 (25 Economies)

Cost to import: Border compliance (USD) 1055 512.5 98.1 0 (28 Economies)

Time to import: Documentary compliance (hours) 50 72.5 3.4 1 (30 Economies)

Cost to import: Documentary compliance (USD) 100 262.6 23.5 0 (30 Economies)

DjiboutiDoing Business 2020

Page 43

Page 44: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Trading across Borders in Djibouti – Time and Cost

Export-

BorderCompliance

Export-

DocumentaryCompliance

Import-

BorderCompliance

Import-

DocumentaryCompliance

0

20

40

60

80

100

120

140

Tim

e (h

ours

)

0

200

400

600

800

1000

1200

Cost

(USD

)

72 60560

95

118 1055

50

100

Time (hours) Cost (USD)

DjiboutiDoing Business 2020

Page 44

Page 45: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Trading across Borders in Djibouti

Characteristics Export Import

Product HS 09 : Coffee, tea, matï and spices HS 8708: Parts and accessories of motor vehicles

Trade partner Egypt United Arab Emirates

Border Djibouti port Djibouti port

Distance (km) 11 11

Domestic transport time (hours) 2 2

Domestic transport cost (USD) 163 165

Details – Trading across Borders in Djibouti – Components of Border Compliance

Time to Complete (hours) Associated Costs (USD)

Export: Clearance and inspections required bycustoms authorities

24.0 175.0

Export: Clearance and inspections required byagencies other than customs

24.0 186.0

Export: Port or border handling 48.0 244.3

Import: Clearance and inspections required bycustoms authorities

72.0 430.0

Import: Clearance and inspections required byagencies other than customs

0.0 0.0

Import: Port or border handling 48.0 625.0

DjiboutiDoing Business 2020

Page 45

Page 46: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Trading across Borders in Djibouti – Trade Documents

Export Import

Bill of lading Bill of Lading

Commercial invoice Commercial invoice

Packing list Customs import declaration

Customs export declaration Electronic cargo tracking note (BESC)

Certificate of origin Packing list

Gate pass Gate pass

Cargo release order SOLAS certificate

SOLAS certificate Proof of insurance

DjiboutiDoing Business 2020

Page 46

Page 47: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Enforcing Contracts

.

The enforcing contracts indicator measures the time and cost for resolving a commercial dispute through a local first-instance court, and the quality of judicial processesindex, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system. The most recent round of datacollection was completed in May 2019. See the methodology for more information

What the indicators measure

Time required to enforce a contract through the courts(calendar days)

Time to file and serve the case•Time for trial and to obtain the judgment•Time to enforce the judgment•

Cost required to enforce a contract through the courts (% ofclaim value)

Average attorney fees•Court costs•Enforcement costs•

Quality of judicial processes index (0-18)

Court structure and proceedings (-1-5)•Case management (0-6)•Court automation (0-4)•Alternative dispute resolution (0-3)•

Case study assumptions

The dispute in the case study involves the breach of a sales contract between two domesticbusinesses. The case study assumes that the court hears an expert on the quality of the goods indispute. This distinguishes the case from simple debt enforcement.

To make the data on the time and comparable across economies, several assumptions about thecase are used:- The dispute concerns a lawful transaction between two businesses (Seller and Buyer), bothlocated in the economy’s largest business city. For 11 economies the data are also collected for thesecond largest business city.- The Buyer orders custom-made furniture, then fails to pay alleging that the goods are not ofadequate quality.- The value of the dispute is 200% of the income per capita or the equivalent in local currency ofUSD 5,000, whichever is greater.- The Seller sues the Buyer before the court with jurisdiction over commercial cases worth 200% ofincome per capita or $5,000 whichever is greater.- The Seller requests the pretrial attachment of the defendant’s movable assets to secure theclaim.- The claim is disputed on the merits because of Buyer’s allegation that the quality of the goodswas not adequate.- The judge decides in favor of the seller; there is no appeal.- The Seller enforces the judgment through a public sale of the Buyer’s movable assets.

DjiboutiDoing Business 2020

Page 47

Page 48: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Enforcing Contracts - Djibouti

Figure – Enforcing Contracts in Djibouti – Score

Time

52.9

Cost

61.9

Quality of judicial processes index

30.6

Figure – Enforcing Contracts in Djibouti and comparator economies – Ranking and Score

DB 2020 Enforcing Contracts Score

0 100

62.8: Ethiopia (Rank: 67)

61.9: Oman (Rank: 69)

56.0: Regional Average (Middle East & North Africa)

55.9: Eritrea (Rank: 107)

48.4: Djibouti (Rank: 144)

40.0: Egypt, Arab Rep. (Rank: 166)

Note: The ranking of economies on the ease of enforcing contracts is determined by sorting their scores for enforcing contracts. These scores are the simple average ofthe scores for each of the component indicators.

Standardized Case

Claim value DJF 903,722

Court name Djibouti First Instance Court, Commercial Division

City Covered Djibouti Ville

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Time (days) 695 622.0 589.6 120 (Singapore)

Cost (% of claim value) 34.0 24.7 21.5 0.1 (Bhutan)

Quality of judicial processes index (0-18) 5.5 6.6 11.7 None in 2018/19

DjiboutiDoing Business 2020

Page 48

Page 49: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Enforcing Contracts in Djibouti – Time and Cost

Djibouti Egypt,ArabRep.

Eritrea Ethiopia MiddleEast

&NorthAfrica

OECDhigh

income

Oman

0

200

400

600

800

1000

1200

Tim

e (d

ays)

0510152025303540

Cost

(% o

f cla

im v

alue

)

695

34.0 1010

26.2

490 16.6 530 15.2622.0

24.7589.6 21.5 598

15.1

Time (days) Cost (% of claim value)

DjiboutiDoing Business 2020

Page 49

Page 50: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Enforcing Contracts in Djibouti and comparator economies – Measure of Quality

Djibouti

Egypt, Arab Rep.

Eritrea

Ethiopia

Oman

OECD high income

Middle East & North Africa

0 2 4 6 8 10 12 14Sub-Indicator Score

2 0.5 0 3

2 00 2

1.5 00 1.5

1.5 1 0 4.5

2.5 1 0 4

2.5 3.2 2.4 3.6

2.2 1.1 0.5 2.9

Alternative dispute resolution (0-3) Case management (0-6) Court automation (0-4) Court structure and proceedings (-1-5)

Details – Enforcing Contracts in Djibouti

Indicator

Time (days) 695

Filing and service 30

Trial and judgment 365

Enforcement of judgment 300

Cost (% of claim value) 34.0

Attorney fees 17

Court fees 10

Enforcement fees 7

Quality of judicial processes index (0-18) 5.5

Court structure and proceedings (-1-5) 3.0

Case management (0-6) 0.5

Court automation (0-4) 0.0

Alternative dispute resolution (0-3) 2.0

DjiboutiDoing Business 2020

Page 50

Page 51: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Enforcing Contracts in Djibouti – Measure of Quality

Answer Score

Quality of judicial processes index (0-18) 5.5

Court structure and proceedings (-1-5) 3.0

1. Is there a court or division of a court dedicated solely to hearing commercial cases? Yes 1.5

2. Small claims court 0.0

2.a. Is there a small claims court or a fast-track procedure for small claims? No

2.b. If yes, is self-representation allowed? n.a.

3. Is pretrial attachment available? Yes 1.0

4. Are new cases assigned randomly to judges? Yes, but manual 0.5

5. Does a woman's testimony carry the same evidentiary weight in court as a man's? Yes 0.0

Case management (0-6) 0.5

1. Time standards 0.5

1.a. Are there laws setting overall time standards for key court events in a civil case? Yes

1.b. If yes, are the time standards set for at least three court events? Yes

1.c. Are these time standards respected in more than 50% of cases? No

2. Adjournments 0.0

2.a. Does the law regulate the maximum number of adjournments that can be granted? No

2.b. Are adjournments limited to unforeseen and exceptional circumstances? No

2.c. If rules on adjournments exist, are they respected in more than 50% of cases? n.a.

3. Can two of the following four reports be generated about the competent court: (i) time to disposition report; (ii)clearance rate report; (iii) age of pending cases report; and (iv) single case progress report?

No 0.0

4. Is a pretrial conference among the case management techniques used before the competent court? No 0.0

5. Are there any electronic case management tools in place within the competent court for use by judges? No 0.0

6. Are there any electronic case management tools in place within the competent court for use by lawyers? No 0.0

Court automation (0-4) 0.0

1. Can the initial complaint be filed electronically through a dedicated platform within the competent court? No 0.0

2. Is it possible to carry out service of process electronically for claims filed before the competent court? No 0.0

3. Can court fees be paid electronically within the competent court? No 0.0

4. Publication of judgments 0.0

4.a Are judgments rendered in commercial cases at all levels made available to the general publicthrough publication in official gazettes, in newspapers or on the internet or court website?

No

4.b. Are judgments rendered in commercial cases at the appellate and supreme court level madeavailable to the general public through publication in official gazettes, in newspapers or on the internetor court website?

No

Alternative dispute resolution (0-3) 2.0

1. Arbitration 1.5

1.a. Is domestic commercial arbitration governed by a consolidated law or consolidated chapter orsection of the applicable code of civil procedure encompassing substantially all its aspects?

Yes

1.b. Are there any commercial disputes—aside from those that deal with public order or public policy—that cannot be submitted to arbitration?

No

1.c. Are valid arbitration clauses or agreements usually enforced by the courts? Yes

DjiboutiDoing Business 2020

Page 51

Page 52: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

2. Mediation/Conciliation 0.5

2.a. Is voluntary mediation or conciliation available? No

2.b. Are mediation, conciliation or both governed by a consolidated law or consolidated chapter orsection of the applicable code of civil procedure encompassing substantially all their aspects (forexample, definition, aim and scope of application, desig

Yes

2.c. Are there financial incentives for parties to attempt mediation or conciliation (i.e., if mediation orconciliation is successful, a refund of court filing fees, income tax credits or the like)?

n.a.

DjiboutiDoing Business 2020

Page 52

Page 53: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Resolving Insolvency

studies the time, cost and outcome of insolvency proceedings involving domestic legal entities. These variables are used to calculate the recovery rate,which is recorded as cents on the dollar recovered by secured creditors through reorganization, liquidation or debt enforcement (foreclosure or receivership) proceedings.To determine the present value of the amount recovered by creditors, uses the lending rates from the International Monetary Fund, supplemented withdata from central banks and the Economist Intelligence Unit. The most recent round of data collection was completed in May 2019.

.

Doing Business

Doing BusinessSee the methodology for more

information

What the indicators measure

Time required to recover debt (years)

Measured in calendar years•Appeals and requests for extension are included•

Cost required to recover debt (% of debtor’s estate)

Measured as percentage of estate value•Court fees•Fees of insolvency administrators•Lawyers’ fees•Assessors’ and auctioneers’ fees•Other related fees•

Outcome

Whether business continues operating as a going concern orbusiness assets are sold piecemeal

Recovery rate for creditors

Measures the cents on the dollar recovered by securedcreditors

Outcome for the business (survival or not) determines themaximum value that can be recovered

Official costs of the insolvency proceedings are deducted•Depreciation of furniture is taken into account•Present value of debt recovered•

Strength of insolvency framework index (0- 16)

Sum of the scores of four component indices:•Commencement of proceedings index (0-3)•Management of debtor’s assets index (0-6)•Reorganization proceedings index (0-3)•Creditor participation index (0-4)•

Case study assumptions

To make the data on the time, cost and outcome comparable across economies, severalassumptions about the business and the case are used:

- A hotel located in the largest city (or cities) has 201 employees and 50 suppliers. The hotelexperiences financial difficulties.- The value of the hotel is 100% of the income per capita or the equivalent in local currency of USD200,000, whichever is greater.- The hotel has a loan from a domestic bank, secured by a mortgage over the hotel’s real estate.The hotel cannot pay back the loan, but makes enough money to operate otherwise.

In addition, evaluates the quality of legal framework applicable to judicialliquidation and reorganization proceedings and the extent to which best insolvency practices havebeen implemented in each economy covered.

Doing Business

DjiboutiDoing Business 2020

Page 53

Page 54: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Resolving Insolvency - Djibouti

Figure – Resolving Insolvency in Djibouti – Score

Recovery rate

47.3

Strength of insolvency framework index

84.4

Figure – Resolving Insolvency in Djibouti and comparator economies – Ranking and Score

DB 2020 Resolving Insolvency Score

0 100

65.9: Djibouti (Rank: 44)

44.0: Oman (Rank: 97)

42.2: Egypt, Arab Rep. (Rank: 104)

34.5: Regional Average (Middle East & North Africa)

30.3: Ethiopia (Rank: 149)

0.0: Eritrea (Rank: 168)

Note: The ranking of economies on the ease of resolving insolvency is determined by sorting their scores for resolving insolvency. These scores are the simple averageof the scores for the recovery rate and the strength of insolvency framework index.

Indicator Djibouti Middle East &North Africa

OECD highincome

Best RegulatoryPerformance

Recovery rate (cents on the dollar) 44.0 27.3 70.2 92.9 (Norway)

Time (years) 1.5 2.7 1.7 0.4 (Ireland)

Cost (% of estate) 11.0 14.0 9.3 1.0 (Norway)

Outcome (0 as piecemeal sale and 1 as going concern) 0 .. .. ..

Strength of insolvency framework index (0-16) 13.5 6.3 11.9 None in 2018/19

DjiboutiDoing Business 2020

Page 54

Page 55: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Resolving Insolvency in Djibouti – Time and Cost

Djibouti Egypt,ArabRep.

NoPracticeEritrea

Ethiopia MiddleEast

&NorthAfrica

OECDhigh

income

Oman

00.5

11.5

22.5

33.5

Tim

e (y

ears

)

0

5

10

15

20

25

Cost

(% o

f est

ate)

1.5 11.0

2.5

22.0 3.0

14.5

2.7

14.01.7

9.3

3.0

7.0

Time (years) Cost (% of estate)

DjiboutiDoing Business 2020

Page 55

Page 56: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Figure – Resolving Insolvency in Djibouti and comparator economies – Measure of Quality

Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for thestrength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.”

Djibouti

Egypt, Arab Rep.

Eritrea

Ethiopia

Oman

OECD high income

Middle East & North Africa

0 2 4 6 8 10 12 14 16Sub-Indicator Score

5.5 2.5 4 1.5

4 2.5 2 1

2 2 1 0

2 2 1 0

4 2 1 0

5.3 2.8 2.1 1.9

3.7 2.3 1.3 0.6

Management of debtor's assets index (0-6) Commencement of proceedings index (0-3) Creditor participation index (0-4) Reorganization proceedings index (0-3)

Figure – Resolving Insolvency in Djibouti and comparator economies – Recovery Rate

Djibouti Egypt, Arab Rep. Eritrea Ethiopia Oman Middle East & North Africa

05

101520253035404550

Reco

very

rate

(cen

ts o

n th

e do

llar)

44.0

23.3

No Practice

27.3

41.1

27.3

DjiboutiDoing Business 2020

Page 56

Page 57: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Resolving Insolvency in Djibouti

Indicator Answer Score

Proceeding foreclosure Mirage cannot repay the money owed to BizBank, so the bank will start foreclosure proceedings at the First InstanceCourt. At the end of the procedure, the hotel building will be sold and BizBank will obtain payment.

Outcome piecemeal sale Mirage's assets will be sold piecemeal after the foreclosure procedure to reimburse creditors and the Hotel will ceaseto exist.

Time (in years) 1.5 The foreclosure proceedings will take approximately 18 months in Djibouti. This estimate includes summoning Mirage,the foreclosure proceedings and the organization of the sale by the bailiff. The estimate also takes into account thatthere can be challenges during the procedure.

Cost (% of estate) 11.0 Foreclosure proceedings will cost approximately 11% of the value of Mirage. The fees of bailiffs in charge of the publicsale (7%) and lawyer fees (4%) constitute the main components of the procedure.

Recovery rate(cents on the dollar)

44.0

DjiboutiDoing Business 2020

Page 57

Page 58: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Details – Resolving Insolvency in Djibouti – Measure of Quality

Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or reorganization), the economy receives 0 points for thestrength of insolvency framework index, if time, cost and outcome indicators are recorded as “no practice.”Note:

Answer Score

Strength of insolvency framework index (0-16) 13.5

Commencement of proceedings index (0-3) 2.5

What procedures are available to a DEBTOR when commencing insolvency proceedings? (c) Debtor may file forreorganization only

0.5

Does the insolvency framework allow a CREDITOR to file for insolvency of the debtor? (a) Yes, a creditormay file for bothliquidation andreorganization

1.0

What basis for commencement of the insolvency proceedings is allowed under the insolvency framework? (a)Debtor is generally unable to pay its debts as they mature (b) The value of debtor's liabilities exceeds the valueof its assets

(a) Debtor isgenerally unable topay its debts as theymature

1.0

Management of debtor's assets index (0-6) 5.5

Does the insolvency framework allow the continuation of contracts supplying essential goods and services to thedebtor?

Yes 1.0

Does the insolvency framework allow the rejection by the debtor of overly burdensome contracts? Yes 1.0

Does the insolvency framework allow avoidance of preferential transactions? Yes 1.0

Does the insolvency framework allow avoidance of undervalued transactions? Yes 1.0

Does the insolvency framework provide for the possibility of the debtor obtaining credit after commencement ofinsolvency proceedings?

Yes 1.0

Does the insolvency framework assign priority to post-commencement credit? (a) Yes over all pre-commencementcreditors, secured orunsecured

0.5

Reorganization proceedings index (0-3) 1.5

Which creditors vote on the proposed reorganization plan? (a) All creditors 0.5

Does the insolvency framework require that dissenting creditors in reorganization receive at least as much aswhat they would obtain in a liquidation?

No 0.0

Are the creditors divided into classes for the purposes of voting on the reorganization plan, does each class voteseparately and are creditors in the same class treated equally?

Yes 1.0

Creditor participation index (0-4) 4.0

Does the insolvency framework require approval by the creditors for selection or appointment of the insolvencyrepresentative?

Yes 1.0

Does the insolvency framework require approval by the creditors for sale of substantial assets of the debtor? Yes 1.0

Does the insolvency framework provide that a creditor has the right to request information from the insolvencyrepresentative?

Yes 1.0

Does the insolvency framework provide that a creditor has the right to object to decisions accepting or rejectingcreditors' claims?

Yes 1.0

DjiboutiDoing Business 2020

Page 58

Page 59: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Employing Workers

presents detailed data for the employing workers indicators on the website ( ). The study does not presentrankings of economies on these indicators or include the topic in the aggregate ease of doing business score or ranking on the ease of doing business.Doing Business Doing Business http://www.doingbusiness.org

The most recent round of data collection was completed in May 2019. .See the methodology for more information

What the indicators measure

(i) whether fixed-term contracts are prohibited for permanenttasks; (ii) maximum cumulative duration of fixed-term contracts;(iii) length of the maximum probationary period; (iv) minimumwage;(v) ratio of minimum wage to the average value added perworker.

Hiring

(i) maximum number of working days allowed per week; (ii)premiums for work: at night, on a weekly rest day and overtime;(iii) whether there are restrictions on work at night, work on aweekly rest day and for overtime work; (iv) length of paid annualleave.

Working hours

(i) whether redundancy can be basis for terminating workers; (ii)whether employer needs to notify and/or get approval from thirdparty to terminate 1 redundant worker and a group of 9 redundantworkers; (iii) whether the law requires employer to reassign orretrain a worker before making worker redundant; (iv) whetherpriority rules apply for redundancies and reemployment.

Redundancy rules

(i) notice period for redundancy dismissal; (ii) severancepayments, and (iii) penalties due when terminating a redundantworker. Data on the availability of unemployment protection for aworker with one year of employment is also collected.

Redundancy cost

Case study assumptions

To make the data comparable across economies, several assumptions about the worker and thebusiness are used.

- Is a cashier in a supermarket or grocery store, age 19, with one year of work experience.- Is a full-time employee.- Is not a member of the labor union, unless membership is mandatory.

The worker:

- Is a limited liability company (or the equivalent in the economy).- Operates a supermarket or grocery store in the economy’s largest business city. For 11economies the data are also collected for the second largest business city.- Has 60 employees.- Is subject to collective bargaining agreements if such agreements cover more than 50% of thefood retail sector and they apply even to firms that are not party to them.- Abides by every law and regulation but does not grant workers more benefits than thosemandated by law, regulation or (if applicable) collective bargaining agreements.

The business:

DjiboutiDoing Business 2020

Page 59

Page 60: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Employing Workers - Djibouti

Details – Employing Workers in Djibouti

Answer

Hiring

Fixed-term contracts prohibited for permanent tasks? Yes

Maximum length of a single fixed-term contract (months) 12.0

Maximum length of fixed-term contracts, including renewals (months) 24.0

Minimum wage applicable to the worker assumed in the case study (US$/month) 198.4

Ratio of minimum wage to value added per worker 0.7

Maximum length of probationary period (months) 2.0

Working hours

Standard workday 8.0

Maximum number of working days per week 6.0

Premium for night work (% of hourly pay) 0.0

Premium for work on weekly rest day (% of hourly pay) 50.0

Premium for overtime work (% of hourly pay) 0.0

Restrictions on night work? No

Restrictions on weekly holiday? No

Restrictions on overtime work? Yes

Paid annual leave for a worker with 1 year of tenure (working days) 30.0

Paid annual leave for a worker with 5 years of tenure (working days) 30.0

Paid annual leave for a worker with 10 years of tenure (working days) 30.0

Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in working days) 30.0

Redundancy rules

Dismissal due to redundancy allowed by law? Yes

Third-party notification if one worker is dismissed? Yes

Third-party approval if one worker is dismissed? No

Third-party notification if nine workers are dismissed? Yes

Third-party approval if nine workers are dismissed? No

Retraining or reassignment obligation before redundancy? No

Priority rules for redundancies? No

Priority rules for reemployment? Yes

Redundancy cost

Notice period for redundancy dismissal for a worker with 1 year of tenure (weeks of salary) 4.3

Notice period for redundancy dismissal for a worker with 5 years of tenure (weeks of salary) 4.3

Notice period for redundancy dismissal for a worker with 10 years of tenure (weeks of salary) 4.3

Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure, in weeks of salary) 4.3

Severance pay for redundancy dismissal for a worker with 1 year of tenure (weeks of salary) 0.0

Severance pay for redundancy dismissal for a worker with 5 years of tenure (weeks of salary) 0.0

DjiboutiDoing Business 2020

Page 60

Page 61: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Severance pay for redundancy dismissal for a worker with 10 years of tenure (weeks of salary) 0.0

Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure, in weeks of salary) 0.0

Unemployment protection after one year of employment? No

DjiboutiDoing Business 2020

Page 61

Page 62: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

Business Reforms in Djibouti

From May 2, 2018 to May 1, 2019, 115 economies implemented 294 business regulatory reforms across the 10 areas measured by Doing Business. Reforms inspired byhave been implemented by economies in all regions. The following are reforms implemented since 2008.Doing Business Doing Business

DB2020

Getting Credit: Djibouti strengthened access to credit by implementing a functional secured transactions system and a unified notice-based collateral registry.

Protecting Minority Investors: Djibouti strengthened minority investor protections by increasing corporate transparency.

Resolving Insolvency: Djibouti made resolving insolvency easier by facilitating the commencement of proceedings and increasing the effectiveness of court processes.

Employing Workers: Djibouti introduced a minimum wage of 35,000 francs ($198) per month.

DB2019

Starting a Business: Djibouti made starting a business easier by creating a one-stop shop for business start-up.

Registering Property: Djibouti made property transfer easier and more transparent by reducing registration fees, implementing strict deadlines to register the saleagreement with the tax authority, scanning the majority of land titles for Djibouti-Ville and by requiring by law that all property sales transactions be registered at theland registry to become opposable to third parties.

Getting Credit: Djibouti strengthened access to credit by introducing the possibility of granting a nonpossessory security right in a single category of movable assetswithout requiring a specific description of the collateral. Future assets can now be used to secure a loan and security interests automatically extend to the products,proceeds and replacements of the original assets. All debts and obligations can be secured between parties and described in general. Secured creditors are now givenabsolute priority over other claims, such as labor and tax, outside of bankruptcy proceedings.

Protecting Minority Investors: Djibouti strengthened minority investor protections by requiring greater disclosure of transactions with interested parties,strengthening remedies against interested directors, extending access to corporate information before trial, increasing shareholder rights and role in major corporatedecisions, clarifying ownership and control structures and requiring greater corporate transparency.

Enforcing Contracts: Djibouti made enforcing contracts easier by establishing a dedicated division within the court of first instance to resolve commercial cases and byadopting a new Code of Civil Procedure that regulates voluntary conciliation and mediation proceedings, as well as time standards for key court events.

Resolving Insolvency: Djibouti made resolving insolvency easier by making insolvency proceedings more accessible for creditors and granting them greaterparticipation in the proceedings.

DB2018

Starting a Business: Djibouti made starting a business less costly by exempting new companies from professional license fees and reducing fees to register a businessand publish the notice of commencement.

Dealing with Construction Permits: Djibouti made obtaining a construction permit easier by reducing the cost of concrete inspections and by implementing decennialliability for all professionals involved in construction projects.

Registering Property: Djibouti made registering property easier by increasing the transparency of the land administration system.

Getting Credit: Djibouti improved access to credit information by adopting a law that creates a new credit information system.

Protecting Minority Investors: Djibouti strengthened minority investor protections by requiring greater disclosure of transactions with interested parties,strengthening remedies against interested directors, extending access to corporate information before trial, increasing shareholder rights and role in major corporatedecisions, clarifying ownership and control structures and requiring greater corporate transparency.

DB2015

Dealing with Construction Permits: Djibouti made dealing with construction permits less time-consuming by streamlining the review process for building permits.

DB2014

Starting a Business: Djibouti made starting a business easier by simplifying the company name search and by eliminating the minimum capital requirement as well asthe requirement to publish a notice of commencement of activities.

Getting Credit: Djibouti strengthened its secured transactions system by adopting a new commercial code, which broadens the range of movable assets that can beused as collateral.

Resolving Insolvency: Djibouti made resolving insolvency easier through its new commercial code, which allows an insolvent debtor to file for preventive settlement,legal redress or liquidation and sets out clear rules on the steps and procedures for each of the alternatives available.

= reform making it easier to do business. = Change making it more difficult to do business.Doing Business

DjiboutiDoing Business 2020

Page 62

Page 63: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

DB2012

Dealing with Construction Permits: Djibouti made dealing with construction permits costlier by increasing the fees for inspections and the building permit and adding anew inspection in the preconstruction phase.

Trading across Borders: Djibouti made trading across borders faster by developing a new container terminal.

DB2010

Paying Taxes: Djibouti made paying taxes more complicated for companies by introducing a value added tax on the supply of goods and services.

DB2009

Trading across Borders: Djibouti reduced documentation requirements for exporting and importing, and time for importing, by improving port administration andeliminating some health and technical formalities.

DB2008

Registering Property: Djibouti made property registration faster by improving efficiency at the Service des Domaines.

Trading across Borders: Djibouti made trading across borders easier by implementing an electronic manifest system.

DjiboutiDoing Business 2020

Page 63

Page 64: Djibouti - Doing BusinessDjibouti Region Middle East & North Africa Income Category Lower middle income Population 958,920 City Covered Djibouti Ville 112 DB RANK DB SCORE 60.5 Rankings

DjiboutiDoing Business 2020

Page 64