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Improving the Business Environment through Reducing Costs of
Doing Business and Strengthening Legal Framework
Overall objective: to support implementation of policy
measures intended to improve the business environment and
reduce the cost of doing business. This Component will
comprise the following subcomponents:
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Subcomponent A – Company
Registration and Licensing Reform |
Company registration
Objective: Strengthen the capacity of the Company
Registry to improve the effectiveness of its role in the
establishment of businesses and as an information resource
for the public and private sectors by supporting the
consolidation of business registration processes.
Activities: The following activities will be supported by
the project:
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Implementation assistance for the trade and industrial
licensing reform
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Design and installation of an integrated and computerized
system for business Licensing, notification and company
registration
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Purchase of computer equipment and associated software
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Design and conduct of training programs for MCTIM staff to
support new licensing regimes
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Design and conduct of training programs for the staff of
the Registrar General’s Office
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Operation and maintenance of the installed IT systems; and
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Costs of publishing and printing of laws and regulations
Expected Results
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A modern and efficient Company Registry established and
consolidates all business registration processes;
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The time required for registration significantly reduced;
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The costs to businesses lowered below that of its regional
competitors; and
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Businesses and the public access company information in an
efficient manner.
Business licensing
Objective: Streamline the industrial and trading
licensing regimes so as to reduce significantly the time and
costs to both the public and private sectors, and to
restrict the licensing process to essential regulatory
purposes. In the area of trade licensing, the mandatory
trade license will be converted into a reporting
requirement, while in the area of industrial licensing, the
procedures will be redesigned to reduce drastically the
duration and burden of the licensing process.
Activities: The following activities will be
supported by the project:
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Redrafting of the legislation and regulations referring to
industrial and trade licensing (e.g., the Industrial
Licensing Act (1969); Pioneer Industries Encouragement Act
(1969)).
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Redesigning application forms and procedures, including
developing transparent criteria for decision-making and
job descriptions for MTICM staff.
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Computerization of data processing and its integration
into the broader computerization program within MTICM.
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Designing and supporting the implementation of an
efficient appeal mechanism.
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Developing procedures and M&E procedures to support
performance targets.
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Staff training to support the new licensing process.
Expected Results
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The time and costs to both the public and private sectors
or obtaining trade license reduced;
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The duration and burden of the industrial licensing
process reduced
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Subcomponent B – Immigration and
Passport Service (IPS) Reform |
Objectives: (i) streamline and simplify the
procedures to issue basic documents, such as visas, work
permits and residency permits; (ii) improve the public
perception of the IPS by instilling the principals of
improved productivity, courteousness and efficiency in IPS
officers; and (iii) reduce corruption during border crossing
activities and in the dispensation of immigration benefits.
Activities: The project will upgrade and enhancement of
Lesotho’s IPS operations and staff capacity and will support
the following:
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Pilot project for Visa Pre-Clearance and Port of Entry
(POE) Visa Issuance.
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Pilot project to partially computerize adjudication and
information services within the Ministry of Home Affairs
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Pilot project to computerize operations at selected ports
of entry enabling them to communicate electronically with
each other and IPS headquarters.
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Development and implementation of a historical baseline
database capable of providing information and generating
periodic management status reports for the GOL.
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Analytical Studies.
Pilot project for Visa Pre-Clearance and POE Visa
Issuance
Objective: to simplify and streamline admission
protocol and accelerate the entry of tourists, guest workers
and investors to Lesotho.
Activities:
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Design and implementation of a program for establishing
visa pre-clearance and visa issuance procedures at four
selected POE’s – Maseru Bridge, Ficksburg Bridge, Maseru
Airport, Sani pass and Caledonsport. The activities will
be undertaken in close collaboration between the
Ministries of Home Affairs; and Tourism, Culture and
Environment.
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Training of staff to carry out these new responsibilities.
Pilot project to partially computerize adjudication and
information services
Objective: to upgrade and expand the computerization
of its adjudication, benefits and information services, and
to make it more difficult to misuse the immigration system.
Activities: Upgrade and computerization of the
existing adjudication and information services at IPS
headquarters within the Ministry of Home Affairs, including
procurement and installation of new hardware and software as
well as providing capacity building of staff to increase
their ability to effectively operate the new equipment.
Pilot project to computerize operations at selected ports
of entry
Objectives: To computerize the IPS inspection and
admission services at the selected five ports of entry
(Maseru Bridge, Ficksburg Bridge, Maseru Airport, Sani pass
and Caledonsport), markedly improve IPS service delivery as
the ports will be able to communicate electronically with
each other and IPS headquarters and to provide better
service to citizens, tourists, guest workers and investors.
Activities:
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Development and implementation of an integrated and
enhanced management information system.
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Procurement and installation of hardware and software
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Staff capacity building required to operate the new system
Development of a historical baseline database
Objective: To develop a historical IPS baseline
database to assist in the management of day to day IPS
operations by automatically generating periodic reports.
Activities: Computerize the manual data records for
services provided during 2004-06.
Development of a training and certification program for
Consular Officers
Presently, Consular Officers are permitted to issue visas
and travel documents with little or no training. Within
embassies internal policies and procedures for securing the
visa issuance process are seriously deficient.
Objective: To provide training to consular officers
issuing visa and travel documents and improve the procedures
for securing visa issuance.
Activities: The activities will be conducted in close
collaboration with the Ministries of Home and Foreign
Affairs:
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Design and implementation of a program leading to the
training and certification of consular officers authorized
to issue visas.
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Creation of a staff training program intended to develop
their skill and capacity to administer this program.
Analytical studies
Objective: To provide guidance to the Government on
the most efficient way to issue residency/work permits and
on how an intra governmental communication channel and a
National Identification Program can be implemented.
Activities: Three studies designed to compliment and
enhance the pilot projects and to provide guidance for
action in pertinent operational areas of IPS will be
financed:
Feasibility study for the creation of intra governmental
communication channel.
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Develop a strategic blueprint for incorporating an intra
governmental communication channel capability into the
existing IPS information management system.
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The goal is to create inter-ministerial interoperability
permitting other ministries, which operate off of
different systems, to access the IPS database.
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The results of this study will guide the GOL in designing
appropriate information management enhancements to IPS
operating systems in order to bring them into line with
international “best practices”. This work will need to be
coordinated with IT managers in the affected ministries.
(Feasibility study and design of a National ID card System
utilizing a public-private sector approach.
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A well structured national identification system, which
restricts everyone to a single unique identity number,
could reap significant benefits for the GOL.
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An
identity number, which can be used as a key to identify
individuals in numerous systems that are currently
employed within Lesotho’s public and private sectors is
urgently needed.
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This verification system will be used extensively whenever
entitlement to government benefits or other services are
called into question.
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The study will contain recommendations for design,
advertisement, coordination, funding, development and
implementation of the project, recommendations for use of
a possible private-public funding modality, as well as
recommendations for the type of ID card production system
best suited for use in Lesotho. The costs associated with
establishing the system would be provided under the
Compact Program funded by the Millennium Challenge
Corporation.
(iii) A study to determine whether a front loaded or back
loaded Residency/Work Permit Issuance policy is best for
Lesotho. The issuance of work and residency permits
represents the culmination of a number of important
decisions. How and when these decisions are made determines
whether the process will yield commercially sensible and
efficient outcomes for investors. Two approaches to issuance
of these documents exist; each can provide worthy outcomes.
To determine which approach offers the most consistent
advantages this activity will:
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Conduct an in depth analysis of each approach to determine
which is better suited for use in Lesotho,
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With the aim to reduce the number of decisions required at
the recruitment level, which helps to reduce the number of
bottlenecks and thus delays.
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Determine whether or not the use of features such as the
key worker scheme and/or open lists for foreign
recruitment can facilitate investment in priority sectors.
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Subcomponent C – Improving Access to Finance |
Banks typically require well secured collateral from
applicants and are ill-suited to serve the needs of MSMEs
due to informal asymmetries on project quality between the
bankers and entrepreneurs, the lack of adequate collateral
and inadequate lending instruments.
Objective: The objective of this subcomponent is to
assist the Government in addressing the issue of the limited
access to finance by SMEs from commercial banks facilitated
by two actions:
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Technical assistance to help the Lesotho National
Development Corporation (LNDC) to design and set up an
Enterprise Development Facility (EDF) which would provide
guarantee to SME’s to unlock loanable funds from the
commercial banks.
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Technical assistance to develop a well functioning leasing
industry in Lesotho.
Activities: The project will provide support to
complement some of the activities already ongoing, such as:
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Training of LNDC staff in commercials risk assessment and
credit risk guarantee, and in assets/liability management
to build LNDC expertise and familiarizing them with
assets/liability management and operational issues, to
take into account the new line of business in the form of
contingent liability carried off the balance sheet.
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Revision of LNDC Investment Committee’s procedures to
align LNDC decision making process to respond to demand
from SME’s for guarantee.
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TA to develop leasing industry activities under this
sub-component are designed to complement each other in
order to create a suitable environment to attract leasing
firm in Lesotho. They will be implemented by LNDC under
the aegis of MFDP. They include the following activities:
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Develop Leasing Industry for Lesotho. The project will fund
short term consultancy to develop a leasing industry for
Lesotho including the drafting, for adoption and
promulgation of a Leasing Act consistent with the
corresponding Act in South Africa, which will indicate the
rights, duties and obligations of participants including
those related to the adjudication of cases etc.
• Design a tax regime applicable to leasing. Short term
consultancy services will be provided to the Government for
designing a tax regime applicable to the leasing industry,
by (i) studying the existing tax regime, (ii) consulting
with the Government to design the appropriate tax regime
including definition of possible tax incentives to be
conceded by the Government to the leasing industry and (iii)
other actions and regulatory reform needed to attract
leasing institutions in Lesotho.
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Subcomponent D – Lesotho Enterprise Assistance
Program |
Activities: The Lesotho Enterprise Assistance Program
(LEAP) will address these issues, using a mix of four
separate interventions:
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Direct assistance to individual firms, providing the
direct mentoring assistance; and also the provision of
cost-sharing grants to firms, for the use of specialized
services.
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Cost-sharing grant assistance to representative business
and professional associations and chambers, to build their
capacity to better serve their members.
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Grant financing for the first five years to support
regular public-private sector dialog.
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Cost-sharing
grant assistance to firms, for on-site HIV/AIDS testing.
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The
project will fund measures to promote public-private
dialog through support to private sector apex
organization.
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Further, a small proportion of funds will be earmarked to
conduct strategic studies supporting the public-private
sector dialogue, corporate governance agenda, and building
critical institutions supporting PSD (i.e., setting up the
Commercial Court, development of the Alternative Dispute
Resolution (ADR) and a small claims court, development of
an investment strategy for Lesotho, etc.).
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Funding will be provided to co-finance workshops and
seminars for distribution and discussion of the findings
and recommendations.
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