Doing Business 2017    Mali




                      Economy Profile 2017
                           Mali
  Doing Business 2017                     Mali                                                                                 2




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DOI: 10.1596/978-1-4648-0948-4
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  Doing Business 2017                          Mali                                                                                           3




CONTENTS


Introduction .................................................................................................................................. 4
Starting a business ..................................................................................................................... 17
Dealing with conustruction permits ........................................................................................ 23
Getting electricity ....................................................................................................................... 35
Registering property .................................................................................................................. 44
Getting credit .............................................................................................................................. 55
Protecting minority investors ................................................................................................... 61
Paying taxes ................................................................................................................................ 69
Trading across borders .............................................................................................................. 75
Enforcing contracts .................................................................................................................... 82
Resolving insolvency .................................................................................................................. 89
Labor market regulation ........................................................................................................... 98
Distance to frontier and ease of doing business ranking .................................................... 104
Resources on the Doing Business website ............................................................................ 107
  Doing Business 2017                  Mali                                                                           4




INTRODUCTION
Doing Business sheds light on how easy or difficult it is     provides data for other selected economies (comparator
for a local entrepreneur to open and run a small to           economies) for each indicator. The data in this report are
medium-size business when complying with relevant             current as of June 1, 2016 (except for the paying taxes
regulations. It measures and tracks changes in                indicators, which cover the period January–December
regulations affecting 11 areas in the life cycle of a         2015).
business: starting a business, dealing with construction
                                                              The Doing Business methodology has limitations. Other
permits, getting electricity, registering property, getting
                                                              areas important to business—such as an economy’s
credit, protecting minority investors, paying taxes,
                                                              proximity to large markets, the quality of its
trading across borders, enforcing contracts, resolving
                                                              infrastructure services (other than those related to
insolvency and labor market regulation. Doing Business
                                                              trading across borders and getting electricity), the
2017 presents the data for the labor market regulation
                                                              security of property from theft and looting, the
indicators in an annex. The report does not present
                                                              transparency       of      government      procurement,
rankings of economies on labor market regulation
                                                              macroeconomic conditions or the underlying strength of
indicators or include the topic in the aggregate distance
                                                              institutions—are not directly studied by Doing Business.
to frontier score or ranking on the ease of doing
                                                              The indicators refer to a specific type of business,
business.
                                                              generally a local limited liability company operating in
In a series of annual reports Doing Business presents         the largest business city. Because standard assumptions
quantitative indicators on business regulations and the       are used in the data collection, comparisons and
protection of property rights that can be compared            benchmarks are valid across economies. The data not
across 190 economies, from Afghanistan to Zimbabwe,           only highlight the extent of obstacles to doing business;
over time. The data set covers 48 economies in Sub-           they also help identify the source of those obstacles,
Saharan Africa, 32 in Latin America and the Caribbean, 25     supporting policy makers in designing regulatory reform.
in East Asia and the Pacific, 25 in Eastern Europe and
                                                              More information is available in the full report. Doing
Central Asia, 20 in the Middle East and North Africa and
                                                              Business 2017 presents the indicators, analyzes their
8 in South Asia, as well as 32 OECD high-income
                                                              relationship with economic outcomes and presents
economies. The indicators are used to analyze economic
                                                              business regulatory reforms. The data, along with
outcomes and identify what reforms have worked, where
                                                              information on ordering Doing Business 2017, are
and why.
                                                              available on the Doing Business website at
This economy profile presents the Doing Business              http://www.doingbusiness.org.
indicators for Mali. To allow useful comparison, it also
  Doing Business 2017                  Mali                                                                          5



CHANGES IN DOING BUSINESS 2017

As part of a three-year update in methodology, Doing         having equal evidentiary weight of women’s testimony in
Business 2017 expands further by adding postfiling           court.
processes to the paying taxes indicator, including a
                                                             Also for the first time this year Doing Business collects
gender component in three of the indicators and
                                                             data on Somalia, bringing the total number of
developing a new pilot indicator on selling to the
                                                             economies covered to 190.
government. Also, for the first time this year Doing
Business collects data on Somalia, bringing the total
                                                             For more details on the changes, see the “”Old and new
number of economies covered to 190.
                                                             factors covered in Doing Business” section in the
The paying taxes indicator is expanded this year to          Overview chapter starting on page 1 of the Doing
include postfiling processes – those processes that occur    Business 2017 report. For more details on the data and
after a firm complies with its regular tax obligations.      methodology, please see the “Data Notes” chapter
These include tax refunds, tax audits and tax appeals. In    starting on page 114 of the Doing Business 2017 report.
particular, Doing Business measures the time it takes to     For more details on the distance to frontier metric,
get a value added tax (VAT) refund, deal with a simple       please see the “Distance to frontier and ease of doing
mistake on a corporate tax return that can potentially       business ranking” chapter in this profile.
trigger an audit and good practices with administrative
appeals process.
This year’s Doing Business report presents a gender
dimension in four of the indicator sets: starting a
business, registering property, enforcing contracts and
labor market regulation. Three of these areas are
included in the distance to frontier score and in the ease
of doing business ranking, while the fourth —labor
market regulation—is not.
Doing Business has traditionally assumed that the
entrepreneurs or workers discussed in the case studies
were men. This was incomplete by not reflecting
correctly the Doing Business processes as applied to
women—which in some economies may be different
from the processes applied to men. Starting this year,
Doing Business measures the starting a business process
for two case scenarios: one where all entrepreneurs are
men and one where all entrepreneurs are women. In
economies where the processes are more onerous if the
entrepreneur is a woman, Doing Business now counts the
extra procedures applied to roughly half of the
population that is female (for example, obtaining a
husband’s consent or gender-specific requirements for
opening a personal bank account when starting a
business). Within the registering property indicators, a
gender component has been added to the quality of
land administration index. This component measures
women’s ability to use, own, and transfer property
according to the law. Finally, within the enforcing
contracts indicator set, economies will be scored on
  Doing Business 2017                  Mali                                                                             6




THE BUSINESS ENVIRONMENT
For policy makers trying to improve their economy’s
regulatory environment for business, a good place to start     ECONOMY OVERVIEW
is to find out how it compares with the regulatory
environment in other economies. Doing Business provides
an aggregate ranking on the ease of doing business
                                                               Region: Sub-Saharan Africa
based on indicator sets that measure and benchmark
regulations applying to domestic small to medium-size          Income category: Low income
businesses through their life cycle. Economies are ranked
from 1 to 190 by the ease of doing business ranking.           Population: 17,599,694
Doing Business presents results for 2 aggregate measures:
the distance to frontier score and the ease of doing           GNI per capita (US$): 790
business ranking. The ranking of economies is determined
by sorting the aggregate distance to frontier scores,          DB2017 rank: 141
rounded to two decimals. An economy’s distance to
frontier score is indicated on a scale from 0 to 100, where    DB2016 rank: 143*
0 represents the worst performance and 100 the frontier.
                                                               Change in rank: 2
(See the chapter on the distance to frontier and ease of
doing business).
                                                               DB 2017 DTF: 52.96
The ease of doing business ranking compares economies
with one another; the distance to frontier score               DB 2016 DTF: 50.71
benchmarks economies with respect to regulatory best
practice, showing the absolute distance to the best            Change in DTF: 2.25
performance on each Doing Business indicator. When
compared across years, the distance to frontier score          * DB2016 ranking shown is not last year’s published
shows how much the regulatory environment for local            ranking but a comparable ranking for DB2016 that
entrepreneurs in an economy has changed over time in           captures the effects of such factors as data revisions
absolute terms, while the ease of doing business ranking       and the changes in methodology. See the data notes
can show only how much the regulatory environment has          starting on page 114 of the Doing Business 2017
changed relative to that in other economies.                   report for sources and definitions.

The 10 topics included in the ranking in Doing Business
2017: starting a business, dealing with construction
permits, getting electricity, registering property, getting
credit, protecting minority investors, paying taxes, trading
across borders, enforcing contracts and resolving
insolvency. The labor market regulation indicators are not
included in this year’s aggregate ease of doing business
ranking, but the data are presented in the economy
profile.
Doing Business 2017              Mali



      THE BUSINESS ENVIRONMENT
      Figure 1.1 Where economies stand in the global ranking on the ease of doing business




      Source: Doing Business database.
   Doing Business 2017                    Mali




 THE BUSINESS ENVIRONMENT
 For policy makers, knowing where their economy                regional average (figure 1.2). The economy’s rankings
 stands in the aggregate ranking on the ease of doing          (figure 1.3) and distance to frontier scores (figure 1.4)
 business is useful. Also useful is to know how it ranks       on the topics included in the ease of doing business
 relative to comparator economies and relative to the          ranking provide another perspective.

Figure 1.2 How Mali and comparator economies rank on the ease of doing business




Note: The rankings are benchmarked to June 2016 and based on the average of each economy’s distance to frontier (DTF) scores
for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to
regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s
distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier.
For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities.
Source: Doing Business database.
   Doing Business 2017                    Mali                                                                               9



THE BUSINESS ENVIRONMENT

Figure 1.3 Rankings on Doing Business topics - Mali
(Scale: Rank 190 center, Rank 1 outer edge)




Figure 1.4 Distance to frontier scores on Doing Business topics - Mali
(Scale: Score 0 center, Score 100 outer edge)




Source: Doing Business database.
Note: The rankings are benchmarked to June 2016 and based on the average of each economy’s distance to frontier (DTF) scores
for the 10 topics included in this year’s aggregate ranking. The distance to frontier score benchmarks economies with respect to
regulatory practice, showing the absolute distance to the best performance in each Doing Business indicator. An economy’s
distance to frontier score is indicated on a scale from 0 to 100, where 0 represents the worst performance and 100 the frontier.
For the economies for which the data cover 2 cities, scores are a population-weighted average for the 2 cities.
   Doing Business 2017                      Mali                                                                                   10




THE BUSINESS ENVIRONMENT
Just as the overall ranking on the ease of doing business             Doing Business introduced the distance to frontier score.
tells only part of the story, so do changes in that ranking.          This measure shows how far on average an economy is
Yearly movements in rankings can provide some indication              from the best performance achieved by any economy on
of changes in an economy’s regulatory environment for                 each Doing Business indicator.
firms, but they are always relative.
                                                                      Comparing the measure for an economy at 2 points in time
Moreover, year-to-year changes in the overall rankings do             allows users to assess how much the economy’s regulatory
not reflect how the business regulatory environment in an             environment as measured by Doing Business has changed
economy has changed over time—or how it has changed                   over time—how far it has moved toward (or away from)
in different areas. To aid in assessing such changes,                 the most efficient practices and strongest regulations in
                                                                      areas covered by Doing Business (figure 1.5).


Figure 1.5 How far has Mali come in the areas measured by Doing Business?




Note: The distance to frontier score shows how far on average an economy is from the best performance achieved by any economy on
each Doing Business indicator. Starting a business is comparable to 2010. Getting credit, protecting minority investors, paying taxes and
resolving insolvency had methodology changes in 2014 and thus are only comparable to 2013. Dealing with construction permits,
registering property, trading across borders, enforcing contracts and getting electricity had methodology changes in 2015 and thus are
only comparable to 2014. The measure is normalized to range between 0 and 100, with 100 representing the best performance (the
frontier). See the data notes starting on page 114 of the Doing Business 2017 report for more details on the distance to frontier score.
Source: Doing Business database.
   Doing Business 2017                        Mali                                                                                                                                                           11




THE BUSINESS ENVIRONMENT
The absolute values of the indicators tell another part of                                            regulation—such as a regulatory process that can be
the story (table 1.1). The indicators, on their own or in                                             completed with a small number of procedures in a few
comparison with the indicators of a good practice                                                     days and at a low cost. Comparison of the economy’s
economy or those of comparator economies in the                                                       indicators today with those in the previous year may
region, may reveal bottlenecks reflected in large numbers                                             show where substantial bottlenecks persist—and where
of procedures, long delays or high costs. Or they may                                                 they are diminishing.
reveal unexpected strengths in an area of business

 Table 1.1 Summary of Doing Business indicators for Mali




                                                                                                                                                                                   Best performer globally
                                                                               Côte d'Ivoire DB2017
                                                         Burkina Faso DB2017




                                                                                                                                          Mauritania DB2017
                                                                                                                          Guinea DB2017
  Indicator
                                                                                                           Ghana DB2017




                                                                                                                                                              Niger DB2017
                             Mali DB2017



                                           Mali DB2016




                                                                                                                                                                                   DB2017
  Starting a Business
                              108           172                72                    50                    110            133                80                 88             1 (New Zealand)
  (Rank)

  Starting a Business (DTF
                             84.12         66.05         88.06                 91.38                      83.73           80.20           86.87               86.16          99.96 (New Zealand)
  Score)

  Procedure – Men
                               5.0           5.0             3.0                    4.0                     8.0            6.0              7.0                4.0            1.0 (New Zealand)
  (number)


  Time – Men (days)            8.5           8.5         13.0                       7.0                   14.0             8.0              8.0               10.0            0.5 (New Zealand)


  Cost – Men (% of
                             61.0          71.3          43.4                  18.9                       19.7            77.7            19.4                32.4              0.0 (Slovenia)
  income per capita)

  Procedure – Women
                               5.0           5.0             3.0                    4.0                     8.0            6.0              7.0                4.0            1.0 (New Zealand)
  (number)


  Time – Women (days)          8.5           8.5         13.0                       7.0                   14.0             8.0              8.0               10.0            0.5 (New Zealand)


  Cost – Women (% of
                             61.0          71.3          43.4                  18.9                       19.7            77.7            19.4                32.4              0.0 (Slovenia)
  income per capita)

  Paid-in min. capital (%
                               5.9         274.4             7.0                    3.3                     2.0           13.6              0.0               48.0           0.0 (127 Economies*)
  of income per capita)

  Dealing with                142           146                61                182                       117            164             118                 179              1 (New Zealand)
  Construction Permits
 Doing Business 2017                         Mali                                                                                                                                                           12




                                                                                                                                                                                  Best performer globally
                                                                               Côte d'Ivoire DB2017
                                                         Burkina Faso DB2017




                                                                                                                                        Mauritania DB2017
                                                                                                                       Guinea DB2017
Indicator




                                                                                                       Ghana DB2017




                                                                                                                                                             Niger DB2017
                            Mali DB2017



                                          Mali DB2016




                                                                                                                                                                                  DB2017
(Rank)


Dealing with
Construction Permits        61.02         59.65          72.87                 44.36                  65.34           54.26            65.17                46.40           87.40 (New Zealand)
(DTF Score)


Procedures (number)          13.0          13.0          14.0                   23.0                   14.0            27.0             13.0                 15.0           7.0 (4 Economies*)


Time (days)                 124.0         124.0          121.0                 347.0                  170.0           173.0            104.0                112.0            28.0 (Korea, Rep.)


Cost (% of warehouse                                                                                                                                                         0.1 (Trinidad and
                              6.5           7.6              5.0                    0.9                 2.9             1.9               4.3                16.6
value)                                                                                                                                                                            Tobago)

Building quality control
                              5.5           5.5          12.0                       7.0                 8.0             8.5               5.5                 5.0           15.0 (Luxembourg*)
index (0-15)

Getting Electricity
                             152           152             181                   132                   120             160              146                  166              1 (Korea, Rep.)
(Rank)

Getting Electricity (DTF
                            50.60         48.95          29.42                 57.78                  60.30           44.81            52.98                43.54           99.88 (Korea, Rep.)
Score)


Procedures (number)           4.0           4.0              4.0                    8.0                 4.0             4.0               5.0                 4.0           3.0 (15 Economies*)


Time (days)                 120.0         120.0          169.0                  55.0                   79.0            69.0             67.0                115.0           18.0 (Korea, Rep.*)


Cost (% of income per
                            2964.7        3498.9        10028.1                2589.5                 1265.8          6636.4           4735.1               5426.8              0.0 (Japan)
capita)

Reliability of supply and
transparency of tariff        0.0           0.0              0.0                    5.0                 0.0             0.0               2.0                 0.0           8.0 (26 Economies*)
index (0-8)

Registering Property
                             135           139             136                   113                     77            140              102                  125             1 (New Zealand)
(Rank)

Registering Property
                            50.37         50.08          50.26                 57.24                  65.99           49.81            59.97                52.98           94.46 (New Zealand)
(DTF Score)


Procedures (number)           5.0           5.0              4.0                    6.0                 5.0             6.0               4.0                 4.0           1.0 (4 Economies*)
 Doing Business 2017                        Mali                                                                                                                                                       13




                                                                                                                                                                             Best performer globally
                                                                             Côte d'Ivoire DB2017
                                                       Burkina Faso DB2017




                                                                                                                                   Mauritania DB2017
                                                                                                                   Guinea DB2017
Indicator




                                                                                                    Ghana DB2017




                                                                                                                                                       Niger DB2017
                           Mali DB2017



                                         Mali DB2016




                                                                                                                                                                             DB2017
Time (days)                29.0          29.0          67.0                  30.0                   46.0           44.0            49.0                35.0            1.0 (3 Economies*)


Cost (% of property
                           11.8          11.9          12.1                       7.6                1.2            8.5              4.6                9.0             0.0 (Saudi Arabia)
value)

Quality of the land
administration index (0-     8.0           8.0         11.5                  10.5                    8.0            5.5              5.5                4.0             29.0 (Singapore)
30)


Getting Credit (Rank)       139           134            139                   139                    44           139             157                 139              1 (New Zealand)


Getting Credit (DTF
                           30.00         30.00         30.00                 30.00                  65.00          30.00           25.00               30.00          100.00 (New Zealand)
Score)

Strength of legal rights
                             6.0           6.0             6.0                    6.0                7.0            6.0              2.0                6.0            12.0 (3 Economies*)
index (0-12)

Depth of credit
                             0.0           0.0             0.0                    0.0                6.0            0.0              3.0                0.0            8.0 (30 Economies*)
information index (0-8)

Credit registry coverage
                             0.1           0.1             0.3                    0.3                0.0            0.0              6.6                0.3           100.0 (3 Economies*)
(% of adults)

Credit bureau coverage
                             0.0           0.0             0.0                    2.3               16.0            0.0              0.0                0.0           100.0 (23 Economies*)
(% of adults)

Protecting Minority
                            145           145            145                   145                    87           145             123                 145              1 (New Zealand*)
Investors (Rank)

Protecting Minority
                           40.00         40.00         40.00                 40.00                  53.33          40.00           45.00               40.00          83.33 (New Zealand*)
Investors (DTF Score)

Strength of minority
investor protection          4.0           4.0             4.0                    4.0                5.3            4.0              4.5                4.0            8.3 (New Zealand)
index (0-10)

Extent of conflict of
interest regulation          4.3           4.3             4.3                    4.3                6.7            4.3              5.3                4.3            9.3 (New Zealand)
index (0-10)

Extent of shareholder        3.7           3.7             3.7                    3.7                4.0            3.7              3.7                3.7               8.3 (Norway)
governance index (0-
 Doing Business 2017                        Mali                                                                                                                                                      14




                                                                                                                                                                            Best performer globally
                                                                             Côte d'Ivoire DB2017
                                                       Burkina Faso DB2017




                                                                                                                                   Mauritania DB2017
                                                                                                                   Guinea DB2017
Indicator




                                                                                                    Ghana DB2017




                                                                                                                                                       Niger DB2017
                           Mali DB2017



                                         Mali DB2016




                                                                                                                                                                            DB2017
10)


                                                                                                                                                                         1 (United Arab
Paying Taxes (Rank)         144           141            150                   175                  122            184             188                 165
                                                                                                                                                                            Emirates)

Paying Taxes (DTF                                                                                                                                                      99.44 (United Arab
                           57.5          57.5          55.77                 43.35                  62.91          24.28           19.69               50.19
Score)                                                                                                                                                                     Emirates)

Payments (number per                                                                                                                                                  3.0 (Hong Kong SAR,
                           35.0          35.0          45.0                  63.0                   33.0           57.0            45.0                41.0
year)                                                                                                                                                                        China*)


Time (hours per year)      270.0         270.0         270.0                 270.0                  224.0          440.0           724.0               270.0           55.0 (Luxembourg)


Total tax rate (% of
                           48.3          48.3          41.3                  51.3                   32.7           68.3            71.3                48.2           26.1 (32 Economies*)
profit)


Postfiling index (0-100)   49.5                        48.9                  44.3                   37.9           12.3            19.0                30.2              98.5 (Estonia)


Trading across Borders
                              89            88           104                   150                  154            162             137                 132             1 (10 Economies*)
(Rank)

Trading across Borders                                                                                                                                                     100.00 (10
                           70.79         70.79         66.58                 54.15                  52.32          46.24           58.82               60.48
(DTF Score)                                                                                                                                                               Economies*)

Time to export: Border
                              48            48               75                110                  108              72               72                 48            0 (18 Economies*)
compliance (hours)

Cost to export: Border
                            242           242            261                   387                  490            778             749                 543             0 (18 Economies*)
compliance (USD)

Time to export:
Documentary                   48            48               84                120                    89           139                51                 51            1 (25 Economies*)
compliance (hours)

Cost to export:
Documentary                   33            33               86                136                  155            128                92                 39            0 (19 Economies*)
compliance (USD)

Time to import: Border
                              98            98           102                   125                    89             91               84                 78            0 (25 Economies*)
compliance (hours)
  Doing Business 2017                         Mali                                                                                                                                                        15




                                                                                                                                                                                Best performer globally
                                                                               Côte d'Ivoire DB2017
                                                         Burkina Faso DB2017




                                                                                                                                       Mauritania DB2017
                                                                                                                     Guinea DB2017
 Indicator




                                                                                                      Ghana DB2017




                                                                                                                                                           Niger DB2017
                             Mali DB2017



                                           Mali DB2016




                                                                                                                                                                                DB2017
 Cost to import: Border
                              298           298            265                   456                  553            909               582                 462            0 (28 Economies*)
 compliance (USD)

 Time to import:
 Documentary                    77            77               96                    89                 76           156                  64               156            1 (29 Economies*)
 compliance (hours)

 Cost to import:
 Documentary                  375           375            197                   267                  474            180               400                 457            0 (30 Economies*)
 compliance (USD)

 Enforcing Contracts
                              156           155            161                   101                  114            115                  83               150              1 (Korea, Rep.)
 (Rank)

 Enforcing Contracts
                             43.73         43.73         41.05                 55.74                  54.00          53.87            58.58                45.55          84.15 (Korea, Rep.)
 (DTF Score)


 Time (days)                 620.0         620.0         446.0                 525.0                  710.0          311.0            370.0                545.0           164.0 (Singapore)


 Cost (% of claim)           52.0          52.0          81.7                  41.7                   23.0           45.0             23.2                 52.6              9.0 (Iceland)


 Quality of judicial
                               5.5           5.5             7.5                    8.5                6.5            5.0                4.0                5.5             15.5 (Australia)
 processes index (0-18)

 Resolving Insolvency
                                99          100            112                       68               155            113               169                 105                1 (Finland)
 (Rank)

 Resolving Insolvency
                             41.46         40.35         39.25                 49.13                  25.27          38.84            0.00                 40.36            93.89 (Finland)
 (DTF Score)

 Recovery rate (cents on
                             24.8          22.7          20.7                  39.0                   23.7           19.9                0.0               22.7             92.9 (Norway)
 the dollar)

                                                                                                                                       no
 Time (years)                  3.6           3.6             4.0                    2.2                1.9            3.8                                   5.0           0.4 (22 Economies*)
                                                                                                                                     practice

                                                                                                                                       no
 Cost (% of estate)          18.0          18.0          21.0                  18.0                   22.0            8.0                                  18.0           1.0 (22 Economies*)
                                                                                                                                     practice

 Strength of insolvency
                               9.0           9.0             9.0                    9.0                4.0            9.0                0.0                9.0           15.0 (6 Economies*)
 framework index (0-16)

Source: Doing Business database.
  Doing Business 2017                      Mali                                                                                     16

Note: DB2016 rankings shown are not last year’s published rankings but comparable rankings for DB2016 that capture the effects of such
factors as data revisions and changes to the methodology. The global best performer on time for paying taxes is defined as the lowest
time recorded among all economies in the DB2017 sample that levy the 3 major taxes: profit tax, labor taxes and mandatory
contributions, and VAT or sales tax. If an economy has no laws or regulations covering a specific area—for example, insolvency—it
receives a “no practice” mark. Similarly, an economy receives a “no practice” mark if regulation exists but is never used in practice or if a
competing regulation prohibits such practice. Either way, a “no practice” mark puts the economy at the b ottom of the ranking on the
relevant indicator. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name
indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business
website (http://www.doingbusiness.org).
    Doing Business 2017                 Mali                                                                 17

    STARTING A BUSINESS
Formal registration of companies has many                  WHAT THE STARTING A BUSINESS
immediate benefits for the companies and for
business owners and employees. Legal entities can          INDICATORS MEASURE
outlive their founders. Resources are pooled as
several shareholders join forces to start a company.       Procedures to legally start and operate a
Formally registered companies have access to               company (number)
services and institutions from courts to banks as well
                                                            Preregistration (for example, name
as to new markets. And their employees can benefit
                                                            verification or reservation, notarization)
from protections provided by the law. An additional
benefit comes with limited liability companies. These       Registration in the economy’s largest
limit the financial liability of company owners to their    business city1
investments, so personal assets of the owners are not
                                                            Postregistration (for example, social security
put at risk. Where governments make registration
                                                            registration, company seal)
easy, more entrepreneurs start businesses in the
formal sector, creating more good jobs and                  Obtaining approval from spouse to start a
generating more revenue for the government.                 business, to leave the home to register the
                                                            company or open a bank account.
What do the indicators cover?
                                                            Obtaining any gender specific document for
Doing Business records all procedures officially
                                                            company registration and operation, national
required, or commonly done in practice, for an
                                                            identification card or opening a bank
entrepreneur to start up and formally operate an
                                                            account.
industrial or commercial business, as well as the time
and cost to complete these procedures and the paid-        Time required to complete each procedure
in minimum capital requirement. These procedures           (calendar days)
include obtaining all necessary licenses and permits        Does not include time spent gathering
and completing any required notifications,                  information
verifications or inscriptions for the company and
employees with relevant authorities. The ranking of         Each procedure starts on a separate day (2
economies on the ease of starting a business is             procedures cannot start on the same day).
determined by sorting their distance to frontier            Procedures that can be fully completed
scores for starting a business. These scores are the        online are recorded as ½ day.
simple average of the distance to frontier scores for       Procedure completed once final document is
each of the component indicators.                           received
To make the data comparable across economies,               No prior contact with officials
several assumptions about the business and the
procedures are used. It is assumed that any required       Cost required to complete each procedure
information is readily available and that the              (% of income per capita)
entrepreneur will pay no bribes. Assumptions about          Official costs only, no bribes
the business:
                                                            No professional fees unless services required
    Is a limited liability company (or its legal           by law or commonly used in practice
     equivalent). If there is more than one type of
     limited liability company in the economy, the         Paid-in minimum capital (% of income
     limited liability form most common among              per capita)
     domestic firms is chosen. Information on the           Deposited in a bank or with a notary before
     most common form is obtained from                      registration (or within 3 months)
     incorporation lawyers or the statistical office.
    Operates in the economy’s largest business city.
                                                              The size of the entire office space is
     For 11 economies the data are also collected for
     the second largest business city.                          approximately 929 square meters (10,000
                                                                square feet).
    Doing Business 2017                Mali                                                                        18

    Is 100% domestically owned and has five owners,           Does not qualify for investment incentives or
     none of whom is a legal entity.                             any special benefits.
    Has start-up capital of 10 times income per               Has at least 10 and up to 50 employees one
     capita                                                      month after the commencement of
                                                                 operations, all of them domestic nationals.
    Performs general industrial or commercial
     activities, such as the production or sale to the         Has a turnover of at least 100 times income per
     public of products or services. The business does           capita.
     not perform foreign trade activities and does not         Has a company deed 10 pages long
     handle products subject to a special tax regime,
     for example, liquor or tobacco. It is not using     The owners:
     heavily polluting production processes.                   Have reached the legal age of majority and are
    Leases the commercial plant or offices and is not           capable of making decisions as an adult. If
     a proprietor of real estate.                                there is no legal age of majority, they are
                                                                 assumed to be 30 years old.
    The amount of the annual lease for the office
     space is equivalent to 1 times income per capita.         Are sane, competent, 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 in
                                                                question (as may be the case in economies
                                                                where there is legal plurality), the answer used
                                                                will be the one that applies to the majority of
                                                                the population.
  Doing Business 2017                    Mali                                                                                 19



STARTING A BUSINESS
Where does the economy stand today?
What does it take to start a business in Mali? According          mandatory for both men and women. Most indicator sets
to data collected by Doing Business, starting a business          refer to a case scenario in the largest business city of an
there requires 5.0 procedures , takes 8.5 days, costs             economy, except for 11 economies for which the data
61.0% of income per capita for men, and requires 5.0              are a population-weighted average of the 2 largest
procedures , takes 8.5 days, costs 61.0% of income per            business cities. See the chapter on distance to frontier
capita for women. A requirement of paid-in minimum                and ease of doing business ranking at the end of this
capital of 5.9% of income per capita (figure 2.1) is legally      profile            for            more              details.

Figure 2.1 What it takes to start a business in Mali
Paid-in minimum capital (% of income per capita): 5.9




Source: Doing Business database.
Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the
total time calculation. For more information on the methodology of the starting a business indicators, see the Doing Business
website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter.
Procedures in light blue for married women only.
  Doing Business 2017                  Mali                                                                       20




STARTING A BUSINESS
Globally, Mali stands at 108 in the ranking of 190           average ranking provide other useful information for
economies on the ease of starting a business (figure 2.2).   assessing how easy it is for an entrepreneur in Mali to
The rankings for comparator economies and the regional       start a business.


Figure 2.2 How Mali and comparator economies rank on the ease of starting a business




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                           21




STARTING A BUSINESS
Economies around the world have taken steps making it             they often are part of a larger regulatory reform
easier to start a business—streamlining procedures by             program. Among the benefits have been greater firm
setting up a one-stop shop, making procedures simpler             satisfaction and savings and more registered businesses,
or faster by introducing technology and reducing or               financial resources and job opportunities.
eliminating minimum capital requirements. Many have
                                                                  What business registration reforms has Doing Business
undertaken business registration reforms in stages—and
                                                                  recorded in Mali (table 2.1)?


Table 2.1 How has Mali made starting a business easier—or not?
By Doing Business report year from DB2011 to DB2017

DB year            Reform

                    Mali made starting a business easier by adding to the services
DB2012
                    provided by the one-stop shop.
                    Mali made starting a business more difficult by ceasing to
DB2014              regularly publish the incorporation notices of new companies
                    on the official website of the one-stop shop.
                    Mali made starting a business less expensive by reducing the
DB2017
                    paid-in minimum capital requirement.
Source: Doing Business database.
Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
  Doing Business 2017                   Mali                                                                          22



STARTING A BUSINESS
What are the details?
Underlying the indicators shown in this chapter for
                                                              STANDARDIZED COMPANY
Mali is a set of specific procedures—the bureaucratic
and legal steps that an entrepreneur must complete
to incorporate and register a new firm. These are              Legal form: Société à Responsabilité Limitée
identified by Doing Business through collaboration             (SARL) - Limited Liability Company
with relevant local professionals and the study of
laws, regulations and publicly available information           Paid-in minimum capital requirement: XOF
on business entry in that economy. Following is a              25,000
detailed summary of those procedures, along with               City: Bamako
the associated time and cost. These procedures are
those that apply to a company matching the                     Start-up Capital: 10 times GNI per capita
standard assumptions (the “standardized company”)
used by Doing Business in collecting the data (see the
section in this chapter on what the indicators
measure).
Table 2.2 Summary of time, cost and procedures for starting a business in Mali

                                                                                    Time to
 No.    Procedure                                                                                Cost to complete
                                                                                   complete
       Deposit the initial capital with a bank or a notary and obtain the
       certification.

       The initial capital must be deposited with a bank, directly or through a
       public notary.                                                               1 day           no charge
   1


       Agency: Bank or Public Notary



       Notarize bylaws, sign an affidavit to certify of no criminal records
       and pay the registration fee at the notary.

       "A notary public is required by law. The notary fee is fixed at XOF
       250,000 if the capital of the SARL is the legal minimum of XOF 1 million.
       The fee includes the drafting of statutes, registration, stamps,
       registration at court, announcement in a legal journal, one stop shop
       administrative fees and administrative fees for notary and assistants.                        XOF 250,000
                                                                                                  (including notary
       Since March 2009, the entrepreneur can sign an affidavit to certify that     1 day       fee and OSS service
   2
       he has no criminal records, and continue the procedures while he waits
                                                                                                         fee)
       to get two copies of the criminal record required for the manager of the
       SARL after registration. A birth certificate is not needed. The criminal
       record must be obtained at the court of the founder's place of birth. A
       photocopy of each shareholder’s identity card is required (instead of a
       birth certificate)."



       Agency: Notary
  Doing Business 2017                     Mali                                                                                 23



                                                                                         Time to
  No.    Procedure                                                                                        Cost to complete
                                                                                        complete




        Purchase legal stamps from the window of the representative of
        the tax administrator at the One-stop-shop for the Authorization
        to operate, application for the Impots (Taxes), application for the
        Tribunal de Commerce, application for the statistical office, proof
        of payment of the patente.

        Purchase fiscal stamps from the window of the representative of the tax                          XOF 9,750 for the
   3    administrator at the One-stop-shop for the Authorization to operate,              1 day            legal stamps
        application for the Impots (Taxes), application for the Tribunal de
        Commerce, application for the statistical office, proof of payment of the
        patente.

        Agency: Agence de Promotion de l'Investissement



        Deposit registration documents at the One-Stop Shop

        The applicant submits all company documents and forms at the front
        desk to register the companies with all the services at the One-stop                             Registration costs
        shop.                                                                                            are included in the
   4                                                                                     5 days
                                                                                                             notary fees

        Agency: Agence de Promotion de l'Investissement



        Publication of the notice of incorporation in a journal
                                                                                                            The cost of
        Since March 2015, the one-stop shop regularly publishes the notice of                              publication is
        incorporation of new companies in their website.                            Less than one day
   5                                                                                                      included in the
                                                                                    (online procedure)
                                                                                                            notary fees.
        Agency: Press



* Takes place simultaneously with another procedure.
Source: Doing Business database.
Note: Online procedures account for 0.5 days in the total time calculation.
Procedures in light blue for married women only.
    Doing Business 2017                 Mali                                                                   24


DEALING WITH CONSTRUCTION PERMITS
Regulation of construction is critical to protect the      WHAT THE DEALING WITH CONSTRUCTION
public. But it needs to be efficient, to avoid excessive
                                                           PERMITS INDICATORS MEASURE
constraints on a sector that plays an important part in
every economy. Where complying with building
regulations is excessively costly in time and money,        Procedures to legally build a warehouse
many builders opt out. They may pay bribes to pass          (number)
inspections or simply build illegally, leading to            Submitting all relevant documents and
hazardous construction that puts public safety at risk.      obtaining all necessary clearances, licenses,
Where compliance is simple, straightforward and              permits and certificates
inexpensive, everyone is better off.                         Submitting all required notifications and
What do the indicators cover?                                receiving all necessary inspections

Doing Business records all procedures required for a         Obtaining utility connections for water and
business in the construction industry to build a             sewerage
warehouse along with the time and cost to complete           Registering and selling the warehouse after its
each procedure. In addition, the building quality            completion
control index evaluates the quality of building
                                                            Time required to complete each procedure
regulations, the strength of quality control and safety
                                                            (calendar days)
mechanisms, liability and insurance regimes, and
professional certification requirements.                     Does not include time spent gathering
                                                             information
The ranking of economies on the ease of dealing with
construction permits is determined by sorting their          Each procedure starts on a separate day—
                                                             though procedures that can be fully
distance to frontier scores for dealing with
                                                             completed online are an exception to this rule
construction permits. These scores are the simple
average of the distance to frontier scores for each of       Procedure considered completed once final
the component indicators.                                    document is received

To make the data comparable across economies,                No prior contact with officials
several assumptions about the construction                  Cost required to complete each procedure (%
company, the warehouse project and the utility              of warehouse value)
connections are used.
                                                             Official costs only, no bribes
Assumptions about the construction company
                                                            Building quality control index (0-15)
The construction company (BuildCo):
                                                             Sum of the scores of six component indices:
    Is a limited liability company (or its legal
                                                             Quality of building regulations (0-2)
     equivalent).
                                                             Quality control before construction (0-1)
    Operates in the economy’s largest business city.
     For 11 economies the data are also collected for        Quality control during construction (0-3)
     the second largest business city.                       Quality control after construction (0-3)
    Is 100% domestically and privately owned.               Liability and insurance regimes (0-2)
    Has five owners, none of whom is a legal entity.        Professional certifications (0-4)
    Is fully licensed and insured to carry out
     construction projects, such as building
     warehouses.
    Has 60 builders and other employees, all of them
     nationals with the technical expertise and
    Doing Business 2017                 Mali                                                                            25


     professional experience necessary to obtain              Is valued at 50 times income per capita.
     construction permits and approvals.
                                                              Will be a new construction (there was no previous
    Has a licensed architect and a licensed engineer,         construction on the land), with no trees, natural
     both registered with the local association of             water sources, natural reserves or historical
     architects or engineers. BuildCo is not assumed           monuments of any kind on the plot.
     to have any other employees who are technical
                                                              Will have complete architectural and technical plans
     or licensed experts, such as geological or
                                                               prepared by a licensed architect. If preparation of
     topographical experts.
                                                               the plans requires such steps as obtaining further
    Has paid all taxes and taken out all necessary            documentation or getting prior approvals from
     insurance applicable to its general business              external agencies, these are counted as procedures.
     activity (for example, accidental insurance for
                                                              Will include all technical equipment required to be
     construction workers and third-person liability).
                                                               fully operational.
    Owns the land on which the warehouse will be
                                                              Will take 30 weeks to construct (excluding all delays
     built and will sell the warehouse upon its
                                                               due to administrative and regulatory requirements).
     completion.
Assumptions about the warehouse
                                                           Assumptions about the utility connections
The warehouse:
                                                           The water and sewerage connections:
    Will be used for general storage activities, such
     as storage of books or stationery. The warehouse         Will be 150 meters (492 feet) from the existing
     will not be used for any goods requiring special          water source and sewer tap. If there is no water
     conditions, such as food, chemicals or                    delivery infrastructure in the economy, a borehole
     pharmaceuticals.                                          will be dug. If there is no sewerage infrastructure, a
                                                               septic tank in the smallest size available will be
    Will have two stories, both above ground, with a
                                                               installed or built.
     total constructed area of approximately 1,300.6
     square meters (14,000 square feet). Each floor           Will not require water for fire protection reasons; a
     will be 3 meters (9 feet, 10 inches) high.                fire extinguishing system (dry system) will be used
                                                               instead. If a wet fire protection system is required
    Will have road access and be located in the
                                                               by law, it is assumed that the water demand
     periurban area of the economy’s largest business
                                                               specified below also covers the water needed for
     city (that is, on the fringes of the city but still
                                                               fire protection.
     within its official limits). For 11 economies the
     data are also collected for the second largest           Will have an average water use of 662 liters (175
     business city.                                            gallons) a day and an average wastewater flow of
                                                               568 liters (150 gallons) a day. Will have a peak
    Will not be located in a special economic or
                                                               water use of 1,325 liters (350 gallons) a day and a
     industrial zone.
                                                               peak wastewater flow of 1,136 liters (300 gallons) a
    Will be located on a land plot of approximately           day.
     929 square meters (10,000 square feet) that is
                                                              Will have a constant level of water demand and
     100% owned by BuildCo and is accurately
                                                               wastewater flow throughout the year.
     registered in the cadastre and land registry.
                                                              Will be 1 inch in diameter for the water connection
                                                               and 4 inches in diameter for the sewerage
                                                               connection.
  Doing Business 2017                    Mali                                                                               26


DEALING WITH CONSTRUCTION PERMITS
Where does the economy stand today?
What does it take to comply with the formalities to build        an economy, except for 11 economies for which the data
a warehouse in Mali? According to data collected by              are a population-weighted average of the 2 largest
Doing Business, dealing with construction permits there          business cities. See the chapter on distance to frontier
requires 13.0 procedures, takes 124.0 days and costs             and ease of doing business ranking at the end of this
6.5% of the warehouse value (figure 3.1). Most indicator         profile for more details.
sets refer to a case scenario in the largest business city of


Figure 3.1 What it takes to comply with formalities to build a warehouse in Mali




Source: Doing Business database.
Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the
total time calculation. For more information on the methodology of the dealing with construction permits indicators, see the
Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the
end of this chapter.
.
  Doing Business 2017              Mali                                                                        27




DEALING WITH CONSTRUCTION PERMITS
Globally, Mali stands at 142 in the ranking of 190      economies and the regional average ranking provide
economies on the ease of dealing with construction      other useful information for assessing how easy it is for
permits (figure 3.2). The rankings for comparator       an entrepreneur in Mali to legally build a warehouse.


Figure 3.2 How Mali and comparator economies rank on the ease of dealing with construction permits




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                         28




DEALING WITH CONSTRUCTION PERMITS
Smart regulation ensures that standards are met while             an effort to ensure building safety while keeping
making compliance easy and accessible to all. Coherent            compliance costs reasonable, governments around the
and transparent rules, efficient processes and adequate           world have worked on consolidating permitting
allocation of resources are especially important in sectors       requirements. What construction permitting reforms has
where safety is at stake. Construction is one of them. In         Doing Business recorded in Mali (table 3.1)?

Table 3.1 How has Mali made dealing with construction permits easier—or not?
By Doing Business report year from DB2011 to DB2017
DB year            Reform

                    Mali eased construction permitting by implementing a
DB2011              simplified environmental impact assessment for noncomplex
                    commercial buildings.
                    Mali made dealing with construction permits easier by
DB2015
                    reducing the time needed to obtain a geotechnical study.
Source: Doing Business database.
Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
  Doing Business 2017                   Mali                                                                           29


DEALING WITH CONSTRUCTION PERMITS
What are the details?
The indicators reported here for Mali are based on a
                                                              BUILDING A WAREHOUSE
set of specific procedures—the steps that a company
must complete to legally build a warehouse—
identified by Doing Business through information              Estimated value of
collected from experts in construction licensing,                                         XOF 21,301,891
                                                              warehouse :
including architects, civil engineers, construction
lawyers, construction firms, utility service providers
                                                              City :                      Bamako
and public officials who deal with building
regulations. These procedures are those that apply
to a company and structure matching the standard            The procedures, along with the associated time and cost,
assumptions used by Doing Business in collecting the        are summarized below.
data (see the section in this chapter on what the
indicators cover).
Table 3.2 Summary of time, cost and procedures for dealing with construction permits in Mali
                                                                                Time to
 No.     Procedure                                                                                 Cost to complete
                                                                               complete
       Obtain a copy of the land title from the Lands Registry
       (Attestation du Titre)

       BuildCo must have legal proof of entitlement to use the land.
   1                                                                             1 day                XOF 5,000
       Agency: Lands Registry (Direction des domaines et du cadastre du
       District )



       Request and obtain an environmental and social impact
       clearance

       A notification of environmental and social impact (notice
       d’impact environnemental et social - NIES) is submitted to the
       National Department of Environment and Hygiene outlining the
       potential hazards of the project on the environment. The
       warehouse falls under the C category and therefore only requires
       an NIES.
       The environmental department will conduct a site inspection to
       determine if this warehouse will not have a negative impact on
   2   the environment. If the inspection reveals that the impact is far        15 days               no charge
       greater than what was described in the NIES, a full environmental
       impact assessment (EIA) may be required.
       Once the inspect is complete, the National Department of
       Environment will give its clearance to proceed requesting the
       building permit.

       Agency: National Department of Environment and Hygiene
       (Direction Nationale de l’Assainissement et du Contrôle des
       Pollutions et des Nuisances)
Doing Business 2017                     Mali                                                              30

                                                                             Time to
No.    Procedure                                                                       Cost to complete
                                                                            complete
      Receive inspection by the National Department of
      Environment and Hygiene

      The National Department of Environment and Hygiene will visit
      the construction site to verify the potential dangers of the
      construction project.                                                  1 day        no charge
3
      Agency: National Department of Environment and Hygiene
      (Direction Nationale de l’Assainissement et du Contrôle des
      Pollutions et des Nuisances)



      Obtain geo-technical survey of the site

      The geotechnical survey is necessary for establishing the cost of
      the new structure. Two public agencies (CNR and ENI) and one
      private company (LABOGEC) carry out the geotechnical survey.
      The survey is done by digging 6 wells in the construction plot.       30 days     XOF 600,000
4
      On average, each well will cost FCFA 70,000.00. An additional
      FCFA 50,000.00 will be charged for the report.

      Agency: Private Laboratory



      Request and obtain building permit

      The application for a building permit will be filed at the City
      Council with jurisdiction for the construction area (Bamako
      District for this case). An agent receives the documents and
      verifies that they are complete. The agent will subsequently issue
      a receipt indicating the day the permit will be ready and the fees
      that should be paid for the certificate (frais d'instruction). This
      same agent has 3 days to forward the application documents to
      the Ministry of Urbanisme.

      Upon receipt of the documents, the Ministry also has 3 days to
      forward the documents to the other agencies involved. One
      week later, the agencies will meet to discuss their comments on
      the documents. The Ministry will then take 3 additional days to
      send the file back to the City Council who will issue the final       27 days      XOF 73,500
5
      decision. If for any reason all the documents needed are not in
      the file, the agent would not accept the file and would request
      that BuildCo complete the file and re-submit it.

      If there is no response within this deadline, BuildCo may file a
      complaint and the City Hall has 8 days to respond. If there is no
      response within this time period, the silence-is-consent rule
      applies.

      The charges related to public buildings, industrial buildings,
      commercial and offices are FCFA 50,000 (processing fee) + FCFA
      5,000 for the Geographical Institute of Mali + FCFA 5,000 for the
      Hygiene Department + FCFA 18,500 for the regional and local
      development tax.
Doing Business 2017                     Mali                                                                31

                                                                               Time to
No.    Procedure                                                                         Cost to complete
                                                                              complete
      Agency: City Hall of the Commune, National Department of Urban
      Planning (Mairie de la Commune, Direction Nationale de
      l’Urbanisme)



      Receive inspection from Regional Urban Planning
      Department - I

      Officials from the Regional Urban Planning Department are
      always on patrol to check projects without building permits. The
      possibility of receiving an inspection is noted in the authorization
      letter of the building permit, but these are conducted randomly.
      There are foundation, elevation and cover inspections. Therefore,
      a construction like the one in the case study would receive at
      least one such inspection whereby officials of the Regional Urban
      Planning Department would check whether or not BuildCo has a
6     building permit.                                                         1 day        no charge

      Given the silence-is-consent rule, some companies begin
      construction without the building permit. In such cases, these
      companies provide the inspectors with a receipt obtained from
      the Urban Planning Department at the moment of application.
      There are three inspector brigades available at Bamako.


      Agency: Regional Urban Planning Department



      Receive inspection from Regional Urban Planning
      Department - II


7                                                                              1 day        no charge
      Agency: Regional Urban Planning Department



      Inform the City Hall upon completion of construction and
      request the certificate of conformity

      BuildCo will inform the Municipality of the end of construction
      and request the certificate of conformity. There will be a site visit
      to confirm that the warehouse was built according to approved            1 day        no charge
8
      plans.

      Agency: City Hall of the Commune, National Department of Urban
      Planning



      Receive inspection from the Urban Planning Department for
      the certificate of conformity

9                                                                              1 day        no charge

      Agency: City Hall of the Commune, National Department of Urban
      Planning
  Doing Business 2017                     Mali                                                              32

                                                                               Time to
  No.    Procedure                                                                       Cost to complete
                                                                              complete




        Obtain certificate of conformity

        The certificate of conformity is delivered by a team of agents
        from the cell of Urban Planning and Construction and the
        hygiene department - Department of Health.
  10                                                                          10 days       no charge
        Agency: City Hall of the Commune, National Department of Urban
        Planning (Mairie de la Commune, Direction Nationale de
        l’Urbanisme)



        Apply for connection to water mains

        BuildCo will make an application to obtain the final water
        connection and meter installation for permanent water
        connection.                                                            1 day        no charge
 * 11

        Agency: Société Malienne de Gestion de l'Eau Potable Sa
        (SOMAGEP Sa)



        Receive inspection for cost estimate for water connection

        A team will visit the site to establish an estimate for the works
        before the final connection is completed.
  12                                                                           1 day        no charge
        Agency: Société Malienne de Gestion de l'Eau Potable Sa
        (SOMAGEP Sa)



        Connect to water mains

        Since 2006, an increasing number of water stations were installed
        throughout the city of Bamako. This has made connection to
        water easier and less expensive. Since March 7, 2012 it is a new
  13    agency that is reponsible for water connection.                       35 days     XOF 700,000

        Agency: Société Malienne de Gestion de l'Eau Potable Sa
        (SOMAGEP Sa)



* Takes place simultaneously with another procedure.
Source: Doing Business database.
Note: Online procedures account for 0.5 days in the total time calculation.
  Doing Business 2017                   Mali                                                                          33

DEALING WITH CONSTRUCTION PERMITS
Building Quality Control Index

The building quality control index is the sum of the     The index ranges from 0 to 15, with higher values
scores on the quality of building regulations, quality   indicating better quality control and safety mechanisms in
control before construction, quality control during      the construction permitting system.
construction, quality control after construction,
                                                         The indicator is based on the same case study
liability and insurance regimes, and professional
                                                         assumptions as the measures of efficiency.
certifications indices.
Table 3.3 Summary of quality control and safety mechanisms in Mali
                                                                              Answer                Score
Building quality control index (0-15)                                                                 5.5

 Which third-party entities are required by law to verify that the
                                                                        Licensed architect;
building plans are in compliance with existing building
                                                                        Licensed engineer.
regulations? (0-1)

Quality of building regulations index (0-2)                                                           1.0

                                                                     Available online; Free of
 How accessible are building laws and regulations in your
                                                                        charge; In official           1.0
economy? (0-1)
                                                                             gazette.

 Which requirements for obtaining a building permit are clearly        List of required
specified in the building regulations or on any accessible website, documents; Fees to be             0.0
brochure or pamphlet? (0-1)                                                  paid.

Quality control before construction index (0-1)                                                       1.0

 Which third-party entities are required by law to verify that the
                                                                        Licensed architect;
building plans are in compliance with existing building                                               1.0
                                                                        Licensed engineer.
regulations? (0-1)

Quality control during construction index (0-3)                                                       0.0

                                                                           Unscheduled
                                                                         inspections; No
 What types of inspections (if any) are required by law to be
                                                                      inspections are legally         0.0
carried out during construction? (0-2)
                                                                         required during
                                                                           construction.

                                                                     Mandatory inspections
 Do legally mandated inspections occur in practice during            are not always done in
                                                                                                      0.0
construction? (0-1)                                                      practice during
                                                                          construction.

Quality control after construction index (0-3)                                                        2.0

 Is there a final inspection required by law to verify that the       Yes, final inspection is
building was built in accordance with the approved plans and          done by government              2.0
regulations? (0-2)                                                            agency.

                                                                      Final inspection does
                                                                       not always occur in
Do legally mandated final inspections occur in practice? (0-1)            practice; Final             0.0
                                                                     inspection occurs most
                                                                           of the time.
  Doing Business 2017                 Mali                                                            34

                                                                            Answer            Score
Liability and insurance regimes index (0-2)                                                    1.5

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   Construction company.    0.5
or Decennial Liability)? (0-1)

Which parties (if any) are required by law to obtain an insurance
policy to cover possible structural flaws or problems in the
                                                                     Construction company.     1.0
building once it is in use (Latent Defect Liability Insurance or
Decennial Insurance)? (0-1)

Professional certifications index (0-4)                                                        0.0

                                                                     Minimum number of
 What are the qualification requirements for the professional
                                                                      years of experience;
responsible for verifying that the architectural plans or drawings                             0.0
                                                                       Being a registered
are in compliance with existing building regulations? (0-2)
                                                                     architect or engineer.

 What are the qualification requirements for the professional who      Being a registered
                                                                                               0.0
supervises the construction on the ground? (0-2)                     architect or engineer.
Source: Doing Business database.
    Doing Business 2017                    Mali                                                                     35


GETTING ELECTRICITY
Access to reliable and affordable electricity is vital for     WHAT THE GETTING ELECTRICITY
businesses. To counter weak electricity supply, many
firms in developing economies have to rely on self-            INDICATORS MEASURE
supply, often at a prohibitively high cost. Whether
electricity is reliably available or not, the first step for   Procedures to obtain an electricity connection
a customer is always to gain access by obtaining a             (number)
connection.
                                                                 Submitting all relevant documents and
What do the indicators cover?                                    obtaining all necessary clearances and permits
Doing Business records all procedures required for a             Completing all required notifications and
local business to obtain a permanent electricity                 receiving all necessary inspections
connection and supply for a standardized warehouse,              Obtaining external installation works and
as well as the time and cost to complete them. These             possibly purchasing material for these works
procedures include applications and contracts with
                                                                 Concluding any necessary supply contract and
electricity utilities, clearances from other agencies
                                                                 obtaining final supply
and the external and final connection works. In
addition, Doing Business also measures the reliability         Time required to complete each procedure
of supply and transparency of tariffs index (included          (calendar days)
in the aggregate distance to frontier score and                  Is at least 1 calendar day
ranking on the ease of doing business) and the price
                                                                 Each procedure starts on a separate day
of electricity (omitted from these aggregate
measures). The ranking of economies on the ease of               Does not include time spent gathering
getting electricity is determined by sorting their               information
distance to frontier scores for getting electricity.             Reflects the time spent in practice, with little
These scores are the simple average of the distance              follow-up and no prior contact with officials
to frontier scores for each of the component                   Cost required to complete each procedure (%
indicators. To make the data comparable across                 of income per capita)
economies, several assumptions are used.
                                                                 Official costs only, no bribes
Assumptions about the warehouse
                                                                 Excludes value added tax
The warehouse:                                                 The reliability of supply and transparency of
    Is owned by a local entrepreneur.                         tariffs index

    Is located in the economy’s largest business city.         Sum of the scores of six component indices:
     For 11 economies the data are also collected for            Duration and frequency of outages
     the second largest business city.
                                                                 Tools to monitor power outages
    Is located in an area where similar warehouses              Tools to restore power supply
     are typically located. In this area a new electricity
     connection is not eligible for a special investment         Regulatory monitoring of utilities’ performance
     promotion regime (offering special subsidization            Financial deterrents aimed at limiting outages
     or faster service, for example).
                                                                 Transparency and accessibility of tariffs
    Is located in an area with no physical constraints.
                                                               Price of electricity (cents per kilowatt-hour)*
     For example, the property is not near a railway.
                                                                 Price based on monthly bill for commercial
    Is a new construction and is being connected to             warehouse in case study
     electricity for the first time.
                                                               *Price of electricity is not included in the
                                                               calculation of distance to frontier nor ease of
                                                               doing business ranking
    Doing Business 2017                  Mali                                                                              36

The warehouse (continued):                                  Assumptions about the monthly consumption
    Has two stories, both above ground, with a total          It is assumed that the warehouse operates 30 days
     surface area of approximately 1,300.6 square               a month from 9:00 a.m. to 5:00 p.m. (8 hours a day),
     meters (14,000 square feet). The plot of land on           with equipment utilized at 80% of capacity on
     which it is built is 929 square meters (10,000             average and that there are no electricity cuts
     square feet).                                              (assumed for simplicity reasons).
    Is used for storage of goods.                             The monthly energy consumption is 26,880
                                                                kilowatt-hours (kWh); hourly consumption is 112
Assumptions about the electricity connection
                                                                kWh.
The electricity connection:
                                                               If multiple electricity suppliers exist, the warehouse
    Is a permanent one.                                        is served by the cheapest supplier.
    Is a three-phase, four-wire Y connection with a           Tariffs effective in March of the current year are
     subscribed capacity of 140-kilo-volt-ampere                used for calculation of the price of electricity for the
     (kVA) with a power factor of 1, when 1 kVA = 1             warehouse. Although March has 31 days, for
     kilowatt (kW).                                             calculation purposes only 30 days are used.
    Has a length of 150 meters. The connection is to
     either the low- or medium-voltage distribution
     network and is either overhead or underground,
     whichever is more common in the area where the
     warehouse is located
    Requires works that involve the crossing of a 10-
     meter road (such as by excavation or overhead
     lines) but are all carried out on public land. There
     is no crossing of other owners’ private property
     because the warehouse has access to a road.
    Includes only a negligible length in the
     customer’s private domain.
    Does not require work to install the internal
     wiring of the warehouse. This has already been
     completed up to and including the customer’s
     service panel or switchboard and the meter base.
  Doing Business 2017                      Mali                                                                                    37

GETTING ELECTRICITY
Where does the economy stand today?
What does it take to obtain a new electricity connection             Most indicator sets refer to a case scenario in the largest
in Mali? According to data collected by Doing Business,              business city of an economy, except for 11 economies for
getting electricity there requires 4.0 procedures, takes             which the data are a population-weighted average of the
120.0 days and costs 2964.7% of income per capita                    2 largest business cities. See the chapter on distance to
(figure 4.1).                                                        frontier and ease of doing business ranking at the end of
                                                                     this        profile        for        more         details.


Figure 4.1 What it takes to obtain an electricity connection in Mali




Source: Doing Business database.
Note: Time shown in the figure above may not reflect simultaneity of procedures. For more information on the methodology of the
getting electricity indicators, see the Doing Business website (http://www.doingbusiness.org). For details on the procedures reflected
here, see the summary at the end of this chapter.
  Doing Business 2017                  Mali                                                                        38



GETTING ELECTRICITY
Globally, Mali stands at 152 in the ranking of 190           average ranking provide another perspective in assessing
economies on the ease of getting electricity (figure 4.2).   how easy it is for an entrepreneur in Mali to connect a
The rankings for comparator economies and the regional       warehouse to electricity.


Figure 4.2 How Mali and comparator economies rank on the ease of getting electricity




Source: Doing Business database.
  Doing Business 2017                     Mali                                                                                  39




GETTING ELECTRICITY
What are the details?
The indicators reported here for Mali are based on a set
                                                                     OBTAINING AN ELECTRICITY CONNECTION*
of specific procedures—the steps that an entrepreneur
must complete to get a warehouse connected to
electricity by the local distribution utility—identified by          Name of utility:               Energie du Mali (EDM)
Doing Business. Data are collected from the distribution
utility, then completed and verified by electricity
                                                                     Price of electricity
regulatory agencies and independent professionals such               (US cents per kWh):            15.3
as electrical engineers, electrical contractors and
construction companies. The electricity distribution utility
                                                                     City:                          Bamako
surveyed is the one serving the area (or areas) in which
warehouses are located. If there is a choice of                    *Price is calculated as a monthly consumption of 26,880 kWh
distribution utilities, the one serving the largest number         for business customers, based on a standardized case study
of customers is selected.                                          adopted by the getting electricity methodology. Doing Business
                                                                   measures the price of electricity but does not include these
The procedures are those that apply to a warehouse and             data when calculating the distance to frontier score for getting
electricity connection matching the standard                       electricity or the ranking on the ease of getting electricity.
assumptions used by Doing Business in collecting the
data (see the section in this chapter on what the
indicators cover). The procedures, along with the
associated time and cost, are summarized below.
Table 4.2 Summary of time, cost and procedures for getting electricity in Mali
                                                                                          Time to
  No.    Procedure                                                                                         Cost to complete
                                                                                         complete
        Submit application to EDM and await estimate

        The client submits an online application to Energie du Mali (EDM) along
        with their ID card and property title.
   1                                                                                  30 calendar days           XOF 0

        Agency: Energie du Mali (EDM), Bamako



        Receive site inspection by EDM

        EDM will then come on site for a feasibility study and prepare an
        estimate of the connection fees.

        If the client chooses to hire a private firm for the external works, then
        they would need to ask that same firm to prepare the estimate for them.        1 calendar day            XOF 0
  *2
        In such case, the estimate will also include: a) the fees to EDM-SA for the
        control and oversee of external works; b) the fees to EDM-SA for
        furnishing and installing the meter; c) the security deposit equivalent to
        11'655 XOF/kvA. The first 100 meters of the cable are at the expense of
        EDM-SA.

        Agency: Energie du Mali (EDM), Bamako
Doing Business 2017                      Mali                                                                          40




                                                                                      Time to
No.    Procedure                                                                                   Cost to complete
                                                                                     complete




      Purchase material for external works

      The distribution department of EDM relies on the supply department for
      transformers. When there is a stock supply issue, EDM helps its clients
      find a transformer in the private sector and deduct it from the bill.

      Importing a transformer takes on average 3 months. Transformers can be
      imported from Europe (often from France) within 13 weeks. Recently,
      new trends have appeared: transformers might be obtained from Ivory    45 calendar days           XOF 0
3
      Coast, Morocco, Tunisia, within one month.

      The client can either wait for the utility to buy the transformer or buy it
      themselves directly to gain time.



      Agency: Store (overseas)



      Obtain external works and meter installation from EDM

      The client can choose to hire either EDM or a private firm for the external
      works. In the latter case, the private firm would need the
      authorization/certification of EDM in order want to install the material.
      In practice, it is assumed EDM will carry out the works because it is less
      expensive and as such, is often the client’s choice. EDM subcontracts
      when it is not able to face the demands of its customers.

      In this case, an expansion (installation of a transformer) of the network is
      necessary.

      • The quotation for the cable and the material:
4     If a company resorts to EDM and uses an overhead cable (not an            45 calendar days   XOF 12,630,681.17
      underground cable), EDM will deduct XOF 2,300,000 from the total
      amount of the works. This explains mainly why EDM is cheaper.
      If the cable is dealt with by a private company, the beneficiary will not
      have this reduction but will be able to charge other customers the use of
      cable. Yet, after 5 years, this cable becomes the property of EDM.
      • The quotation for the transformer
      EDM proposes 2 types of transformers:
      An overhead transformer at 160 kVA costing XOF 4,407,000
      A pad-mounted transformer at 160 kVA costing XOF 4,538, 280
      Private companies tend to charge more for their transformers (higher
      margin).

      The type of service (overhead or underground) depends on the exact
  Doing Business 2017                    Mali                                                                     41




                                                                                     Time to
  No.    Procedure                                                                             Cost to complete
                                                                                    complete
        location of the building. On the left shore of Niger river, part of the
        service is overhead and another is underground (in any case, that side of
        the river is already saturated and cannot accommodate new customers).
        On the right shore, about 90% of installations are overhead, so it is
        assumed the service to connect to will be overhead.
        In this case, the total cost would be about XOF 13 – 13.5M. EDM would
        deduce XOF 2.3M from this, and then the client will need to pay an
        additional 10% of the final cost to EDM.




        Agency: Energie du Mali (EDM), Bamako



* Takes place simultaneously with previous procedure.
Source: Doing Business database.
  Doing Business 2017                     Mali                                                                         42




GETTING ELECTRICITY
Reliability of supply and transparency of tariffs index

The reliability of supply and transparency of tariffs      Doing Business uses the system average interruption
index encompasses quantitative data on the duration        duration index (SAIDI) and the system average
and frequency of power outages as well as                  interruption frequency index (SAIFI) to measure the
qualitative information on the mechanisms put in           duration and frequency of power outages in the largest
place by the utility for monitoring power outages          business city of each economy (for 11 economies the data
and restoring power supply, the reporting                  are also collected for the second largest business city).
relationship between the utility and the regulator for     SAIDI is the average total duration of outages over the
power outages, the transparency and accessibility of       course of a year for each customer served, while SAIFI is
tariffs and whether the utility faces a financial          the average number of service interruptions experienced
deterrent aimed at limiting outages (such as a             by a customer in a year. Annual data (covering the
requirement to compensate customers or pay fines           calendar year) are collected from distribution utility
when outages exceed a certain cap).                        companies and national regulators on SAIDI and SAIFI.
                                                           Both SAIDI and SAIFI estimates include load shedding.
The index ranges from 0 to 8, with higher values
indicating greater reliability of electricity supply and
greater transparency of tariffs.


Table 4.3 Reliability of Supply and Transparency of Tariff Index in Mali
                                                                                  Answer              Score
Reliability of supply and transparency of tariff index (0-8)                                           0.0

Total duration and frequency of outages per customer a year (0-3)                                      0.0

System average interruption duration index (SAIDI)                                   ..

System average interruption frequency index (SAIFI)                                  ..

Mechanisms for monitoring outages (0-1)                                                                0.0

Does the distribution utility use automated tools to monitor outages?               No

Mechanisms for restoring service (0-1)                                                                 0.0

Does the distribution utility use automated tools to restore service?               No

Regulatory monitoring (0-1)                                                                            1.0

 Does a regulator—that is, an entity separate from the utility—monitor
                                                                                    Yes
the utility’s performance on reliability of supply?

Financial deterrents aimed at limiting outages (0-1)                                                   1.0

 Does the utility either pay compensation to customers or face fines by
                                                                                    Yes
the regulator (or both) if outages exceed a certain cap?

Communication of tariffs and tariff changes (0-1)                                                      0.0

Are effective tariffs available online?                                             No

Link to the website, if available online                                            n.a
  Doing Business 2017                     Mali                                                                                   43




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

Price of electricity (US cents per kWh)                                                                         15.3
 Source: Doing Business database.
Note: If data on power outages is not collected or if the SAIFI index or SAIDI index are above the threshold of 100, the
economy is not eligible to obtain a score in the Reliability of Supply and Transparency of Tariff Index. If SAIDI and SAIFI are 12
(equivalent to an outage of one hour each month) or below, a score of 1 is assigned. If SAIDI and SAIFI are 4 (equivalent to an
outage of one hour each quarter) or below, 1 additional point is assigned. Finally, if SAIDI and SAIFI are 1 (equivalent to an
outage of one hour per year) or below, 1 more point is assigned. Doing Business measures the price of electricity but does
not include these data when calculating the distance to frontier score for getting electricity or the ranking on the ease of
getting electricity. The price of electricity is measured in cents per kilowatt-hour. On the basis of the assumptions about
monthly consumption, a monthly bill for a commercial warehouse in the largest business city of the economy is computed for
the month of March. As noted, the warehouse uses electricity 30 days a month, from 9:00 a.m. to 5:00 p.m., so different tariff
schedules may apply if a time-of-use tariff is available.
    Doing Business 2017                 Mali                                                                           44




REGISTERING PROPERTY
Ensuring formal property rights is fundamental.               WHAT THE REGISTERING PROPERTY
Effective administration of land is part of that. If
                                                              INDICATORS MEASURE
formal property transfer is too costly or
complicated, formal titles might go informal again.
And where property is informal or poorly                      Procedures to legally transfer title on
administered, it has little chance of being accepted          immovable property (number)
as collateral for loans—limiting access to finance.             Preregistration (for example, checking for liens,
                                                                notarizing sales agreement, paying property
What do the indicators cover?
                                                                transfer taxes)
Doing Business records the full sequence of                     Registration in the economy’s largest business
procedures necessary for a business to purchase                 city
property from another business and transfer the
property title to the buyer’s name. The transaction is          Postregistration (for example, filing title with
                                                                the municipality)
considered complete when it is opposable to third
parties and when the buyer can use the property,              Time required to complete each procedure
use it as collateral for a bank loan or resell it. In         (calendar days)
addition, Doing Business also measures quality of
                                                                Does not include time spent gathering
the land administration system in each economy.                 information
The ranking of economies on the ease of registering
property is determined by sorting their distance to             Each procedure starts on a separate day—
frontier scores for registering property. These scores          though procedures that can be fully completed
                                                                online are an exception to this rule
are the simple average of the distance to frontier
scores for each of the component indicators. To                 Procedure considered completed once final
make the data comparable across economies,                      document is received
several assumptions about the parties to the                    No prior contact with officials
transaction, the property and the procedures are
used.                                                         Cost required to complete each procedure
                                                              (% of property value)
The parties (buyer and seller):
                                                                Official costs only, no bribes
    Are limited liability companies, 100%
     domestically and privately owned and perform               No value added or capital gains taxes included
     general commercial activities in the economy’s           Quality of land administration index (0-30)
     largest business city.
    Have 50 employees each, all of whom are
                                                               Has no mortgages attached, has been under the
     nationals.
                                                                same ownership for the past 10 years.
The property (fully owned by the seller):
                                                               Consists of 557.4 square meters (6,000 square feet)
    Has a value of 50 times income per capita. The             of land and a 10-year-old, 2-story warehouse of 929
     sale price equals the value and entire property            square meters (10,000 square feet). The warehouse is
     will be transferred.                                       in good condition and complies with all safety
    Is registered in the land registry or cadastre, or         standards, building codes and legal requirements.
     both, and is free of title disputes.                       There is no heating system.

    Is located in a periurban commercial zone, and
     no rezoning is required.
  Doing Business 2017                    Mali                                                                                 45




REGISTERING PROPERTY
Where does the economy stand today?
What does it take to complete a property transfer in              Most indicator sets refer to a case scenario in the largest
Mali? According to data collected by Doing Business,              business city of an economy, except for 11 economies for
registering property there requires 5.0 procedures, takes         which the data are a population-weighted average of the
29.0 days and costs 11.8% of the property value (figure           2 largest business cities. See the chapter on distance to
5.1). The score on the quality of land administration             frontier and ease of doing business ranking at the end of
index is 8.0                                                      this        profile        for        more         details.


Figure 5.1 What it takes to register property in Mali




Source: Doing Business database.
Note: Time shown in the figure above may not reflect simultaneity of procedures. Online procedures account for 0.5 days in the
total time calculation. For more information on the methodology of the registering property indicators, see the Doing Business
website (http://www.doingbusiness.org). For details on the procedures reflected here, see the summary at the end of this chapter.
  Doing Business 2017              Mali                                                              46




REGISTERING PROPERTY
Globally, Mali stands at 135 in the ranking of 190      regional average ranking provide other useful
economies on the ease of registering property (figure   information for assessing how easy it is for an
5.2). The rankings for comparator economies and the     entrepreneur in Mali to transfer property.


Figure 5.2 How Mali and comparator economies rank on the ease of registering property




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                           47




REGISTERING PROPERTY
Economies worldwide have been making it easier for                the time required substantially—enabling buyers to use
entrepreneurs to register and transfer property—such as           or mortgage their property earlier. What property
by computerizing land registries, introducing time limits         registration reforms has Doing Business recorded in Mali
for procedures and setting low fixed fees. Many have cut          (table 5.1)?


Table 5.1 How has Mali made registering property easier—or not?
By Doing Business report year from DB2011 to DB2017

DB year           Reform

                    Mali eased property transfers by reducing the property
DB2011
                    transfer tax for firms from 15% of the property value to 7%.
Source: Doing Business database.
Note: For information on reforms in earlier years (back to DB2005), see the Doing Business
reports for these years, available at http://www.doingbusiness.org.
  Doing Business 2017                    Mali                                                                            48




REGISTERING PROPERTY
What are the details?
The indicators reported here are based on a set of
                                                                 STANDARD PROPERTY TRANSFER
specific procedures—the steps that a buyer and seller
must complete to transfer the property to the buyer’s
name—identified by Doing Business through
information collected from local property lawyers,               Property value:                 XOF 21,301,891
notaries and property registries. These procedures
are those that apply to a transaction matching the               City:                           Bamako
standard assumptions used by Doing Business in
collecting the data (see the section in this chapter on
what the indicators cover). The procedures, along
with the associated time and cost, are summarized
below.
Table 5.2 Summary of time, cost and procedures for registering property in Mali
                                                                                       Time to
 No.     Procedure                                                                                    Cost to complete
                                                                                      complete
       Verify the real identity of the proprietor and the situation of the
       title

       The buyer should perform due diligence before entering into a sale
       agreement with the owner of the property. Due diligence can simply be
       done by requesting from the buyer the number of the property lot. With
       the given number, the buyer can personally go to the Land Registry and
       ask the register clerk to provide him with a certificate called “Réquisition
       Foncière”. This is done very promptly by searching the property lot
       number and making a copy of it. The information included in the                 2 days             3,500 FCFA
   1
       certificate relates to property’s area, its exact location, the name of its
       actual owner (and all previous ones). It also includes all information
       relating to potential mortgages or liens encumbering it. The certificate
       engages the state’s responsibility and is more important than the deed
       of ownership presented by the seller. The deed can be outdated and not
       reflect the actual situation or it might be a fake.

       Agency: Land Registry (“Bureau de la Conservation Foncière”)



       Obtain an assessment of the true value of the property

       It is common practice that the potential buyer hires a price expert to
       assess the true value of the property before the sale agreement. These
       are commonly called “courtiers informels de l’immobilier”. After
       investigating the place and the building these private experts provide a                      0.5 % of property
   2                                                                                   4 days
       range of acceptable prices and charges 0.5% of the property value for                               value
       their fees.

       Agency: Courtier immobilier
Doing Business 2017                      Mali                                                                           49




                                                                                        Time to
No.    Procedure                                                                                   Cost to complete
                                                                                       complete
                                                                                                      Notary fees
                                                                                                   (subject to 18 %
                                                                                                  VAT) according to
                                                                                                     the following
                                                                                                  cumulative scale:


                                                                                                  Property value (in
      Notary prepares sale agreement                                                              FCFA): Notary fees

      The law requires that the sale agreement be notarized. It is common                              Less than
      practice that parties also ask the notary to draft the sale agreement.                       2.500.000: 5.5 %
      Notary’s fees are regulated by decree n°7- 205/P-RM du 22 Juin 2007 ,                         of the property
      following the cumulative schedule shown above. This scheme makes the                               value
      notary very wary to reflect the right price of sale in the sale contract. This    2 days
3
      is because parties may tend to understate the true value of the sale to
                                                                                                       Between
      avoid paying the right amount of tax. The parties should also pay 18% of
                                                                                                    2.500.001 and
      the notary’s fees as a VAT for the state.
                                                                                                  5.000.000: 4 % of
      Agency: Notary                                                                              the property value

                                                                                                  Between 5.000.001
                                                                                                   and 10.000.000:
                                                                                                     2.5% of the
                                                                                                    property value

                                                                                                       More than
                                                                                                  10.000.000: 1.75 %
                                                                                                   of the remaining
                                                                                                    property value
      Register the sale agreement with the Service des domaines et du
      Cadastre

      The sale agreement should be registered with the Service des Domaines
      et du Cadastre. The registration fees are now 7% of the property value                           7 % of the
      following the amendment of the "Loi Nº06-067 du 29 decembre 2006                             property value +
      portant code general des impots" published in the official gazette. The                         14,000 FCFA
4                                                                                       2 days
      parties should also pay stamp duties. Stamps cost CFA3500 per page for                       (stamp duties) +
      approximately 4 pages. The parties should also pay a fixed registry tax of                         12,500
      CFA 12,500.                                                                                 (Registration fees)

      Agency: Service des Domaines et du Cadastre de la zone concernée
  Doing Business 2017                     Mali                                                                         50




                                                                                        Time to
  No.    Procedure                                                                                  Cost to complete
                                                                                       complete
        Final transfer of the property title with the Land Registry (“Bureau
        de la Conservation Foncière”)

        The transfer fees are 1.5% of the value of the property divided as follows:
        1) 1% for the state and 2) 0.50% for the Registry employees as part of
        their salary. *Before doing the final transfer, the land register forwards
        the whole file to the verification commission (“Commission de
        Verification”) that checks whether the price stated in the contract of sale
        corresponds to the commission’s price criteria. In case the commission
        contests the price, the parties are requested to come back to the Land                      1.5 % property
   5                                                                                  7 - 30 days
        Registry and pay the difference in taxes. The parties can choose to                              value
        contest the commission decision by going to court. In the latter case,
        delays are substantial. If the commission does not object to the stated
        price, the application proceeds and the director of the Land Registry
        makes the final transfer of property. The Registry will then issue a final
        deed of property in the name of the new buyer.

        Agency: Land Registry (“Bureau de la Conservation Foncière”)



* Takes place simultaneously with another procedure.
Source: Doing Business database.
Note: Online procedures account for 0.5 days in the total time calculation.
  Doing Business 2017                  Mali                                                                            51




REGISTERING PROPERTY
Quality of land administration

The quality of land administration index is the sum of   If private sector entities were unable to register property
the scores on the reliability of infrastructure,         transfers in an economy between June 2015 and June
transparency of information, geographic coverage,        2016, the economy receives a “no practice” mark on the
land dispute resolution and equal access to property     procedures, time and cost indicators. A “no practice”
rights indices.                                          economy receives a score of 0 on the quality of land
                                                         administration index even if its legal framework includes
The index ranges from 0 to 30, with higher values
                                                         provisions related to land administration.
indicating better quality of the land administration
system.
Table 5.3 Summary of quality of land administration in Mali
                                                                                 Answer              Score
Quality of the land administration index (0-30)                                                       8.0

Reliability of infrastructure index (0-8)                                                             2.0

                                                                              Land Registry
                                                                              (Bureau de la
What is the institution in charge of immovable property registration?
                                                                              Conservation
                                                                                Foncière)

 In what format are the majority of title or deed records kept in the
largest business city—in a paper format or in a computerized format               Paper               0.0
(scanned or fully digital)?

Is there an electronic database for checking for encumbrances (liens,
                                                                                   No                 0.0
mortgages, restrictions and the like)?

 In what format are the majority of maps of land plots kept in the
largest business city—in a paper format or in a computerized format               Paper               0.0
(scanned or fully digital)?

 Is there an electronic database for recording boundaries, checking
plans and providing cadastral information (geographic information                  No                 0.0
system)?

 Is the information recorded by the immovable property registration            Different
agency and the cadastral or mapping agency kept in a single database,        databases but            1.0
in different but linked databases or in separate databases?                      linked

Do the immovable property registration agency and cadastral or
                                                                                   Yes                1.0
mapping agency use the same identification number for properties?

Transparency of information index (0–6)                                                               1.5

 Who is able to obtain information on land ownership at the agency in Anyone who pays
                                                                                                      1.0
charge of immovable property registration in the largest business city? the official fee

Is the list of documents that are required to complete any type of
                                                                             Yes, in person           0.0
property transaction made publicly available–and if so, how?
  Doing Business 2017                  Mali                                                                52




                                                                                 Answer            Score
Link for online access:

 Is the applicable fee schedule for any property transaction at the
agency in charge of immovable property registration in the largest           Yes, in person         0.0
business city made publicly available–and if so, how?

Link for online access:

 Does the agency in charge of immovable property registration commit
to delivering a legally binding document that proves property
                                                                                   No               0.0
ownership within a specific time frame–and if so, how does it
communicate the service standard?

Link for online access:

 Is there a specific and separate mechanism for filing complaints about
a problem that occurred at the agency in charge of immovable property              No               0.0
registration?

Contact information:

 Are there publicly available official statistics tracking the number of
                                                                                   No               0.0
transactions at the immovable property registration agency?

Number of property transfers in the largest business city in 2015:

                                                                           Anyone who pays
Who is able to consult maps of land plots in the largest business city?                             0.5
                                                                            the official fee

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

                                                                           Le grille est à titre
                                                                           indicatif et elle ne
                                                                                  lie pas
                                                                            l'administration
Link for online access:                                                    qui peut effectuer
                                                                                    des
                                                                             redressements
                                                                            même si la grille
                                                                              est respectée

 Does the cadastral or mapping agency commit to delivering an
updated map within a specific time frame—and if so, how does it                    No               0.0
communicate the service standard?

Link for online access:

 Is there a specific and separate mechanism for filing complaints about
                                                                                   No               0.0
a problem that occurred at the cadastral or mapping agency?

Geographic coverage index (0–8)                                                                     0.0
  Doing Business 2017                  Mali                                                               53




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

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

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

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

Land dispute resolution index (0–8)                                                                4.5

 Does the law require that all property sale transactions be registered at
the immovable property registry to make them opposable to third                     Yes            1.5
parties?

Is the system of immovable property registration subject to a state or
                                                                                    Yes            0.5
private guarantee?

 Is there a specific compensation mechanism to cover for losses
incurred by parties who engaged in good faith in a property transaction
                                                                                    Yes            0.5
based on erroneous information certified by the immovable property
registry?

 Does the legal system require a control of legality of the documents
necessary for a property transaction (e.g., checking the compliance of              Yes            0.5
contracts with requirements of the law)?

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

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

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

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

 For a standard land dispute between two local businesses over tenure
                                                                             Le Tribunal de la
rights of a property worth 50 times gross national income (GNI) per
                                                                               Situation de
capita and located in the largest business city, what court would be in
                                                                                l'Immeuble
charge of the case in the first instance?

 How long does it take on average to obtain a decision from the first-       Between 2 and 3
                                                                                                   1.0
instance court for such a case (without appeal)?                                  years

 Are there any statistics on the number of land disputes in the first
                                                                                    No             0.0
instance?

Number of land disputes in the largest business city in 2015:

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

Do unmarried men and unmarried women have equal ownership rights                    Yes            0.0
  Doing Business 2017              Mali                                            54




                                                                  Answer   Score
to property?

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


Source: Doing Business database.
  Doing Business 2017                     Mali                                                                             55




GETTING CREDIT
Two types of frameworks can facilitate access to               WHAT THE GETTING CREDIT INDICATORS
credit and improve its allocation: credit information
                                                               MEASURE
systems and borrowers and lenders in collateral and
bankruptcy laws. Credit information systems enable
lenders to view and consider a potential borrower’s             Strength of legal rights index (0–12)
financial history (positive or negative) when assessing           Rights of borrowers and lenders through
risk and they allow borrowers to establish a good                 collateral laws
credit history that will facilitate their access to credit.       Protection of secured creditors’ rights through
Sound collateral laws enable businesses to use their              bankruptcy laws
assets, especially movable property, as security to
generate capital—while strong creditors’ rights have            Depth of credit information index (0–8)
been associated with higher ratios of private sector              Scope and accessibility of credit information
credit to GDP.                                                    distributed by credit bureaus and credit
                                                                  registries
What do the indicators cover?
                                                                Credit bureau coverage (% of adults)
Doing Business assesses the sharing of credit
information and the legal rights of borrowers and                 Number of individuals and firms listed in largest
lenders with respect to secured transactions through              credit bureau as percentage of adult population
2 sets of indicators. The depth of credit information           Credit registry coverage (% of adults)
index measures rules and practices affecting the
coverage, scope and accessibility of credit                       Number of individuals and firms listed in credit
                                                                  registry as percentage of adult population
information available through a credit registry or a
credit bureau. The strength of legal rights index
measures whether certain features that facilitate
lending exist within the applicable collateral and
bankruptcy laws. Doing Business uses two case
scenarios, Case A and Case B, to determine the scope
                                                              Has up to 50 employees.
of the secured transactions system, involving a
secured borrower and a secured lender and                     Is 100% domestically owned, as is the lender.
examining legal restrictions on the use of movable
                                                              The ranking of economies on the ease of getting credit
collateral (for more details on each case, see the Data
                                                              is determined by sorting their distance to frontier scores
Notes section of the Doing Business 2017 report).
                                                              for getting credit. These scores are the distance to
These scenarios assume that the borrower:
                                                              frontier score for the strength of legal rights index and
Is a domestic limited liability company.                      the depth of credit information index.
Has its headquarters and only base of operations in
the largest business city. For the 11 economies with a
population of more than 100 million, data for a
second city have been added.
  Doing Business 2017                 Mali                                                                         56




GETTING CREDIT
Where does the economy stand today?
How well do the credit information system and collateral    Globally, Mali stands at 139 in the ranking of 190
and bankruptcy laws in Mali facilitate access to credit?    economies on the ease of getting credit (figure 6.1). The
The economy has a score of 0.0 on the depth of credit       rankings for comparator economies provide other useful
information index and a score of 6.0 on the strength of     information for assessing how well regulations and
legal rights index (see the summary of scoring at the end   institutions in Mali support lending and borrowing.
of this chapter for details). Higher scores indicate more
credit information and stronger legal rights for
borrowers and lenders.

Figure 6.1 How Mali and comparator economies rank on the ease of getting credit




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                                57




GETTING CREDIT
One way to put an economy’s score on the getting credit       rights index for Mali and shows the scores for
indicators into context is to see where the economy           comparator economies as well as the regional average
stands in the distribution of scores across economies.        score. Figure 6.3 shows the same for the depth of credit
Figure 6.2 highlights the score on the strength of legal      information index.



Figure 6.2 How strong are legal rights for borrowers          Figure 6.3 How much credit information is shared —
and lenders?                                                  and how widely?
Economy scores on strength of legal rights index              Economy scores on depth of credit information index




Source: Doing Business database.                              Source: Doing Business database.
Note: Higher scores indicate that collateral and bankruptcy   Note: Higher scores indicate the availability of more credit
laws are better designed to facilitate access to credit.      information, from either a credit registry or a credit bureau,
Source: Doing Business database.                              to facilitate lending decisions. If the credit bureau or registry
                                                              is not operational or covers less than 5% of the adult
                                                              population, the total score on the depth of credit
                                                              information index is 0.
  Doing Business 2017                    Mali                                                                          58




GETTING CREDIT
When economies strengthen the legal rights of lenders             information, they can increase entrepreneurs’ access to
and borrowers under collateral and bankruptcy laws, and           credit. What credit reforms has Doing Business recorded
increase the scope, coverage and accessibility of credit          in Mali (table 6.1)?


Table 6.1 How has Mali made getting credit easier—or not?
By Doing Business report year from DB2011 to DB2017

DB year            Reform

                    Access to credit in Mali was improved through amendments to
                    the OHADA Uniform Act on Secured Transactions that broaden
                    the range of assets that can be used as collateral (including
DB2012
                    future assets), extend the security interest to the proceeds of
                    the original asset and introduce the possibility of out-of-court
                    enforcement.
                    Mali improved its credit information system by introducing
                    regulations that govern the licensing and functioning of credit
DB2016
                    bureaus in the member states of the West African Economic
                    and Monetary Union (UEMOA).
                    Mali improved access to credit information by establishing a
DB2017
                    new credit bureau.
Source: Doing Business database.
Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
  Doing Business 2017                  Mali                                                                           59




GETTING CREDIT
What are the details?
The getting credit indicators reported here for Mali are      The data on the legal rights of borrowers and lenders are
based on detailed information collected in that economy.      gathered through a survey of financial lawyers and
The data on credit information sharing are collected          verified through analysis of laws and regulations as well
through a survey of a credit registry and/or credit bureau    as public sources of information on collateral and
(if one exists). To construct the depth of credit             bankruptcy laws. For the strength of legal rights index, a
information index, a score of 1 is assigned for each of 8     score of 1 is assigned for each of 10 aspects related to
features of the credit registry or credit bureau (see         legal rights in collateral law and 2 aspects in bankruptcy
summary of scoring below).                                    law.



Strength of legal rights index (0–12)                                                                 Index score: 6.0

 Does an integrated or unified legal framework for secured transactions that extends to the
creation, publicity and enforcement of functional equivalents to security interests in movable                    1
assets exist in the economy?
Does the law allow businesses to grant a non possessory security right in a single category of
                                                                                                                  1
movable assets, without requiring a specific description of collateral?
 Does the law allow businesses to grant a non possessory security right in substantially all of its
                                                                                                                  1
assets, without requiring a specific description of collateral?
 May a security right extend to future or after-acquired assets, and may it extend automatically to
                                                                                                                  1
the products, proceeds or replacements of the original assets?
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                   1
maximum amount for which the assets are encumbered?
Is a collateral registry in operation for both incorporated and non-incorporated entities, that is
                                                                                                                  0
unified geographically and by asset type, with an electronic database indexed by debtor's name?
 Can banks and financial institutions access borrowers’ credit information online (for example,
                                                                                                                  0
through a web interface, a system-to-system connection or both)?
 Does a modern collateral registry exist in which registrations, amendments, cancellations and
                                                                                                                  0
searches can be performed online by any interested third party?
Are secured creditors paid first (i.e. before tax claims and employee claims) when a debtor
                                                                                                                  0
defaults outside an insolvency procedure?
 Are secured creditors paid first (i.e. before tax claims and employee claims) when a business is
                                                                                                                  0
liquidated?
 Are secured creditors subject to an automatic stay on enforcement when a debtor enters a
court-supervised reorganization procedure? Does the law protect secured creditors’ rights by                      0
providing clear grounds for relief from the stay and/or sets a time limit for it?
  Doing Business 2017                      Mali                                                                                        60




Strength of legal rights index (0–12)                                                                           Index score: 6.0

 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 sell the collateral through public auction and                                 1
private tender, as well as, for the secured creditor to keep the asset in satisfaction of the debt?



Depth of credit information index (0–8)                            Credit bureau         Credit registry        Index score: 0.0

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 and financial institutions -                           No                    No                          0
distributed?
 Are at least 2 years of historical data distributed? (Credit
bureaus and registries that distribute more than 10 years
                                                                          No                    No                          0
of negative data or erase data on defaults as soon as
they are repaid obtain a score of 0 for this component.)
 Are data on loan amounts below 1% of income per
                                                                          No                    No                          0
capita distributed?
 By law, do borrowers have the right to access their data
                                                                          No                    No                          0
in the credit bureau or credit registry?
 Can banks and financial institutions access borrowers’
credit information online (for example, through an online                 No                    No                          0
platform, a system-to-system connection or both)?
 Are bureau or registry credit scores offered as a value-
added service to help banks and financial institutions                    No                    No                          0
assess the creditworthiness of borrowers?
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 adult population, the total score on the depth of credit information index is 0.

Coverage                                                                           Credit bureau              Credit registry

Number of individuals                                                                   4,372                        N/A
Number of firms                                                                           0                          N/A
Total                                                                                   4,372                       11,651
Total percentage of adult population                                                     0.0                          0.1
Source: Doing Business database.
    Doing Business 2017                Mali                                                                               61




PROTECTING MINORITY INVESTORS
Protecting minority investors matters for the ability of
                                                            WHAT THE PROTECTING MINORITY
companies to raise the capital they need to grow,
innovate, diversify and compete. Effective regulations      INVESTORS INDICATORS MEASURE
define related-party transactions precisely, promote
clear and efficient disclosure requirements, require        Extent of disclosure index (0–10)
shareholder participation in major decisions of the           Review and approval requirements for related-party
company and set detailed standards of accountability          transactions; Disclosure requirements for related-party
for company insiders.                                         transactions

What do the indicators cover?                               Extent of director liability index (0–10)
                                                              Ability of minority shareholders to sue and hold
Doing Business measures the protection of minority
                                                              interested directors liable for prejudicial related-party
investors from conflicts of interest through one set of       transactions; Available legal remedies (damages,
indicators and shareholders’ rights in corporate              disgorgement of profits, fines, imprisonment, rescission
governance through another. The ranking of economies          of the transaction)
on the strength of minority investor protections is
                                                            Ease of shareholder suits index (0–10)
determined by sorting their distance to frontier scores
                                                              Access to internal corporate documents; Evidence
for protecting minority investors. These scores are the
                                                              obtainable during trial and allocation of legal expenses
simple average of the distance to frontier scores for the
extent of conflict of interest regulation index and the     Extent of conflict of interest regulation index (0–
extent of shareholder governance index. To make the         10)
data comparable across economies, a case study uses           Simple average of the extent of disclosure, extent of
several assumptions about the business and the                director liability and ease of shareholder indices
transaction.                                                Extent of shareholder rights index (0-10)
The business (Buyer):                                         Shareholders’ rights and role in major corporate
                                                              decisions
    Is a publicly traded corporation listed on the
                                                            Extent of ownership and control index (0-10)
     economy’s most important stock exchange. If the
                                                              Governance safeguards protecting shareholders from
     number of publicly traded companies listed on that
                                                              undue board control and entrenchment
     exchange is less than 10, or if there is no stock
     exchange in the economy, it is assumed that Buyer      Extent of corporate transparency index (0-10)
     is a large private company with multiple                 Corporate transparency on ownership               stakes,
     shareholders.                                            compensation, audits and financial prospects
                                                            Extent of shareholder governance index             (0–10)
    Has a board of directors and a chief executive
     officer (CEO) who may legally act on behalf of Buyer     Simple average of the extent of shareholders rights,
                                                              extent of ownership and control and extent of corporate
     where permitted, even if this is not specifically
                                                              transparency indices
     required by law.
                                                            Strength of minority investor protection index (0–
    Has a supervisory board (applicable to economies       10)
     with a two-tier board system) on which 60% of the
                                                              Simple average of the extent of conflict of interest
     shareholder-elected members have been appointed          regulation and extent of shareholder governance indices
     by Mr. James, who is Buyer’s controlling
     shareholder and a member of Buyer’s board of
     directors.
    Has not adopted any bylaws or articles of
     association that differ from default minimum
     standards and does not follow any nonmandatory
     codes, principles, recommendations or guidelines
    Doing Business 2017                Mali                 62



     relating to corporate governance.

    Is a manufacturing company with its own
     distribution network.


The transaction involves the following details:
    Mr. James owns 60% of Buyer and elected two
     directors to Buyer’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 pur chase Seller’s
     unused fleet of trucks to expand Buyer’s
     distribution of its food products, a proposal to
     which Buyer agrees. The price is equal to 10% of
     Buyer’s assets and is higher than the market value.
    The proposed transaction is part of the company’s
     ordinary course of business and is not outside the
     authority of the company.
    Buyer enters into the transaction. All required
     approvals are obtained, and all required disclosures
     made (that is, the transaction is not fraudulent).
    The transaction causes damages to Buyer.
     Shareholders sue Mr. James and the other parties
     that approved the transaction.
  Doing Business 2017                  Mali                                                                          63



PROTECTING MINORITY INVESTORS
Where does the economy stand today?
How strong are minority investor protections against         protection index (figure 7.1). While the indicator does
self-dealing in Mali? The economy has a score of 4.0 on      not measure all aspects related to the protection of
the strength of minority investor protection index, with a   minority investors, a higher ranking does indicate that an
higher score indicating stronger protections.                economy’s regulations offer stronger minority investor
                                                             protections against self-dealing in the areas measured.
Globally, Mali stands at 145 in the ranking of 190
economies on the strength of minority investor

Figure 7.1 How Mali and comparator economies perform on the strength of minority investor protection index




Source: Doing Business database.
  Doing Business 2017                 Mali                                                                           64




PROTECTING MINORITY INVESTORS
One way to put an economy’s scores on the               A summary of scoring for the protecting minority investors
protecting minority investors indicators into context   indicators at the end of this chapter provides details on
is to see where the economy stands in the               how the indices were calculated.
distribution of scores across comparator economies.
Figure 7.2 highlights the scores on the various
minority investor protection indices for Mali.
Figure 7.2 Summary of the various minority investor protection indices for Mali and comparator economies.




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                          65




PROTECTING MINORITY INVESTORS
Economies with the strongest protections of minority              result, reforms to strengthen minority investor
investors from self-dealing require detailed disclosure           protections may move ahead on different fronts—such
and define clear duties for directors. They also have well-       as through new or amended company laws, securities
functioning courts and up-to-date procedural rules that           regulations or civil procedure rules. What minority
give minority shareholders the means to prove their case          investor protection reforms has Doing Business recorded
and obtain a judgment within a reasonable time. As a              in Mali (table 7.1)?

Table 7.1 How has Mali strengthened minority investor protections—or not?
By Doing Business report year from DB2011 to DB2017

 DB year            Reform

                     Mali strengthened minority investor protections by
                     introducing greater requirements for disclosure of related-
                     party transactions to the board of directors and by making it
 DB2015
                     possible for shareholders to inspect the documents pertaining
                     to related-party transactions and to appoint auditors to
                     conduct an inspection of such transactions.
Source: Doing Business database.
Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for
these years, available at http://www.doingbusiness.org.
  Doing Business 2017                      Mali                                                                            66




PROTECTING MINORITY INVESTORS
What are the details?
The protecting minority investors indicators reported                to disclosure, director liability, shareholder suits,
here for Mali are based on detailed information collected            shareholder rights, ownership and control and corporate
through a survey of corporate and securities lawyers                 transparency in a standard case study (for more details,
about securities regulations, company laws and court                 see the Data Notes section of the Doing Business 2017
rules of evidence and procedure. To construct the six                report). The summary below shows the details underlying
indicators on minority investor protection, scores are               the scores for Mali.
assigned to each based on a range of conditions relating

Table 7.2 Summary of scoring for the protecting minority investors indicators in Mali


                                                                              Answer                        Score
Strength of minority investor protection index (0-10)                                                        4.0
Extent of conflict of interest regulation index (0-10)                                                       4.3
Extent of disclosure index (0-10)                                                                            7.0
Which corporate body is legally sufficient to approve the     Shareholders excluding interested
                                                                                                             3.0
Buyer-Seller transaction? (0-3)                                               parties
Must Mr. James disclose his conflict of interest to the board
                                                               Full disclosure of all material facts         2.0
of directors? (0-2)
Must Buyer disclose the transaction in published periodic      Disclosure on the transaction and
                                                                                                             2.0
filings (annual reports)? (0-2)                                     on the conflict of interest
Must Buyer immediately disclose the transaction to the
                                                                    No disclosure obligation                 0.0
public and/or shareholders? (0-2)
Must an external body review the terms of the transaction
                                                                                No                           0.0
before it takes place? (0-1)
Extent of director liability index (0-10)                                                                    1.0
Can shareholders representing 10% of Buyer's share capital
sue directly or derivatively for the damage the transaction                     Yes                          1.0
caused to Buyer? (0-1)
Can shareholders hold the interested director liable for the
                                                                            Not liable                       0.0
damage the transaction caused to Buyer? (0-2)
Can shareholders hold the other directors liable for the
                                                                            Not liable                       0.0
damage the transaction caused to Buyer (0-2)
Must Mr. James pay damages for the harm caused to Buyer
                                                                                No                           0.0
upon a successful claim by shareholders? (0-1)
Must Mr. James repay profits made from the transaction
                                                                                No                           0.0
upon a successful claim by shareholders? (0-1)
Is Mr. James disqualifed or fined and imprisoned upon a
                                                                                No                           0.0
successful claim by shareholders? (0-1)
Can a court void the transaction upon a successful claim by
                                                               Only in case of fraud or bad faith            0.0
shareholders? (0-2)
Ease of shareholder suits index (0-10)                                                                       5.0
Before suing can shareholders representing 10% of Buyer's
                                                                                Yes                          1.0
share capital inspect the transaction documents? (0-1)
Can the plaintiff obtain any documents from the defendant       Documents that directly prove
                                                                                                             2.0
and witnesses at trial? (0-3)                                 specific facts in the plaintiff’s claim
Can the plaintiff request categories of documents from the                      No                           0.0
  Doing Business 2017                       Mali                                                       67




defendant without identifying specific ones? (0-1)
Can the plaintiff directly question the defendant and
                                                                    Preapproved questions only   1.0
witnesses at trial? (0-2)
Is the level of proof required for civil suits lower than that of
                                                                               No                0.0
criminal cases? (0-1)
Can shareholder plaintiffs recover their legal expenses from
                                                                         Yes if successful       1.0
the company? (0-2)
Extent of shareholder governance index (0-10)                                                    3.7
Extent of shareholder rights index (0-10)                                                        5.0
Does the sale of 51% of Buyer's assets require shareholder
                                                                               No                0.0
approval?
Can shareholders representing 10% of Buyer's share capital
                                                                               Yes               1.0
call for an extraordinary meeting of shareholders?
Must Buyer obtain its shareholders’ approval every time it
                                                                               Yes               1.0
issues new shares?
Do shareholders automatically receive preemption rights
                                                                               No                0.0
every time Buyer issues new shares?
Must shareholders approve the election and dismissal of the
                                                                               Yes               1.0
external auditor?
Are changes to the rights of a class of shares only possible if
                                                                               Yes               1.0
the holders of the affected shares approve?
Assuming that Buyer is a limited company, does the sale of
                                                                               No                0.0
51% of its assets require member approval?
Assuming that Buyer is a limited company, can members
representing 10% call for an extraordinary meeting of                          No                0.0
members?
Assuming that Buyer is a limited company, must all
                                                                               Yes               1.0
members consent to add a new member?
Assuming that Buyer is a limited company, must a member
first offer to sell his interest to the existing members before                No                0.0
selling to a non-member?
Extent of ownership and control index (0-10)                                                     4.0
Is it forbidden to appoint the same individual as CEO and
                                                                               No                0.0
chair of the board of directors?
Must the board of directors include independent and
                                                                               No                0.0
nonexecutive board members?
Can shareholders remove members of the board of
                                                                               Yes               1.0
directors without cause before the end of their term?
Must the board of directors include a separate audit
                                                                               No                0.0
committee exclusively comprising board members?
Must a potential acquirer make a tender offer to all
                                                                               No                0.0
shareholders upon acquiring 50% of Buyer?
Must Buyer pay dividends within a maximum period set by
                                                                               Yes               1.0
law after the declaration date?
Is a subsidiary prohibited from acquiring shares issued by its
                                                                               No                0.0
parent company?
Assuming that Buyer is a limited company, is there a
                                                                               Yes               1.0
management deadlock breaking mechanism?
Assuming that Buyer is a limited company, must a potential
acquirer make a tender offer to all shareholders upon                          No                0.0
acquiring 50% of Buyer?
Assuming that Buyer is a limited company, must Buyer                           Yes               1.0
  Doing Business 2017                    Mali                              68




distribute profits within a maximum period set by law after
the declaration date?
Extent of corporate transparency index (0-10)                        2.0
Must Buyer disclose direct and indirect beneficial ownership
                                                               No    0.0
stakes representing 5%?
Must Buyer disclose information about board members’
other directorships as well as basic information on their      No    0.0
primary employment?
Must Buyer disclose the compensation of individual
                                                               No    0.0
managers?
Must a detailed notice of general meeting be sent 21 days
                                                               No    0.0
before the meeting?
Can shareholders representing 5% of Buyer’s share capital
                                                               Yes   1.0
put items on the agenda for the general meeting?
Must Buyer's annual financial statements be audited by an
                                                               Yes   1.0
external auditor?
Must Buyer disclose its audit reports to the public?           No    0.0
Assuming that Buyer is a limited company, must members
                                                               No    0.0
meet at least once a year?
Assuming that Buyer is a limited company, can members
                                                               No    0.0
representing 5% put items on the meeting agenda?
Assuming that Buyer is a limited company, must Buyer's
annual financial statements be audited by an external          No    0.0
auditor?



Source: Doing Business database.
    Doing Business 2017                      Mali                                                                                        69




PAYING TAXES
Taxes are essential. The level of tax rates needs to be
                                                                    WHAT THE PAYING TAXES INDICATORS
carefully chosen—and needless complexity in tax
rules avoided. Firms in economies that rank better                  MEASURE
on the ease of paying taxes in the Doing Business
study tend to perceive both tax rates and tax                        Tax payments for a manufacturing company
administration as less of an obstacle to business                    in 2014 (number per year adjusted for
according to the World Bank Enterprise Survey                        electronic and joint filing and payment)
research.
                                                                       Total number of taxes and contributions paid,
What do the indicators cover?                                          including consumption taxes (value added tax,
                                                                       sales tax or goods and service tax)
Using a case scenario, Doing Business records the
taxes and mandatory contributions that a medium-                       Method and frequency of filing and payment
size company must pay in a given year as well as                     Time required to comply with 3 major taxes
measures of the administrative burden of paying                      (hours per year)
taxes and contributions and dealing with postfiling
processes. This case scenario uses a set of financial                  Collecting information and computing the tax
                                                                       payable
statements and assumptions about transactions
made over the year. Information is also compiled on                    Completing tax return forms, filing with
the frequency of filing and payments, time taken to                    proper agencies
comply with tax laws, time taken to comply with the                    Arranging payment or withholding
requirements of postfiling processes and time
waiting for these processes to be completed. The                       Preparing separate tax accounting books, if
                                                                       required
ranking of economies on the ease of paying taxes is
determined by sorting their distance to frontier                     Total tax rate (% of profit before all taxes)
scores on the ease of paying taxes. These scores are
                                                                       Profit or corporate income tax
the simple average of the distance to frontier scores
for each of the four component indicators – number                     Social contributions and labor taxes paid by
of tax payments. time, total tax rate and postfiling                   the employer
index – with a threshold and a nonlinear                               Property and property transfer taxes
transformation applied to one of the component
                                                                       Dividend, capital gains and financial
indicators, the total tax rate1. If both VAT (or GST)
                                                                       transactions taxes
and corporate income tax apply, the postfiling index
is the simple average of the distance to frontier                      Waste collection, vehicle, road and other taxes
scores for each of the four components: the time to                  Postfiling Index
comply with a VAT or GST refund, the time to obtain
                                                                       The time to comply with a VAT or GST refund
a VAT or GST refund, the time to comply with a
corporate income tax audit and the time to complete                    The time to receive a VAT or GST refund
a corporate income tax audit. If only VAT (or GST) or                  The time to comply with a corporate income
corporate income tax If onapplies, the postfiling                      tax audit
index is the simple average of the scores for only the                 The time to complete a corporate income tax
two components pertaining to the applicable tax. If                    audit
neither VAT (or GST) nor corporate income tax

1 The nonlinear distance to frontier for the total tax rate is equal to the distance to frontier for the total tax rate to the power of 0.8.
The threshold is defined as the total tax rate at the 15th percentile of the overall distribution for all years included in the analysis up
to and including Doing Business 2015, which is 26.1%. All economies with a total tax rate below this threshold receive the same
score as the economy at the threshold.
    Doing Business 2017                Mali                                                                        70




applies, the postfiling index is not included in the
ranking of the ease of paying taxes.                     Assumptions about the corporate income tax
                                                         audit process:
Taxes and mandatory contributions include
corporate income tax, turnover tax and all labor            An error in the calculation of the income tax
taxes and contributions paid by the company. A
                                                             liability (for example, use of incorrect tax
range of standard deductions and exemptions are
                                                             depreciation rates, or incorrectly treating an
also recorded.
                                                             expense as tax deductible) leads to an incorrect
All financial statement variables are proportional to        income tax return and consequently an
2012 income per capita. To make the data                     underpayment of corporate income tax.
comparable across economies, several assumptions            TaxpayerCo. discovered the error and
are used.                                                    voluntarily notified the tax authority of the error
TaxpayerCo is a medium-size business that started            in the corporate income tax return.
operations on January 1, 2014.
The business starts from the same financial position
in each economy. All the taxes and mandatory
contributions paid during the second year of
operation are recorded.
Taxes and mandatory contributions are measured at
all levels of government.


Assumptions about the VAT refund process:

    In June 2015, TaxpayerCo. makes a large capital
     purchase: one additional machine for
     manufacturing pots.
    The value of the machine is 65 times income per
     capita of the economy.
    Sales are equally spread per month (that is,
     1,050 times income per capita divided by 12).
    Cost of goods sold are equally expensed per
     month (that is, 875 times income per capita
     divided by 12).
    The seller of the machinery is registered for VAT
     or general sales tax (GST).
    Excess input VAT incurred in June will be fully
     recovered after four consecutive months if the
     VAT or GST rate is the same for inputs, sales and
     the machine and the tax reporting period is
     every month.
  Doing Business 2017                  Mali                                                                           71




PAYING TAXES
Where does the economy stand today?
What is the administrative burden of complying with tax      the end of this chapter for details). Most indicator sets
obligations and postfiling processes in Mali—and how         refer to a case scenario in the largest business city of an
much do firms pay in taxes? Globally, Mali stands at 144     economy, except for 11 economies for which the data
in the ranking of 190 economies on the ease of paying        are a population-weighted average of the 2 largest
taxes (figure 8.1). The rankings for comparator              business cities. See the chapter on distance to frontier
economies and the regional average ranking provide           and ease of doing business ranking at the end of this
other useful information for assessing the tax compliance    profile for more details.
burden for businesses in Mali (see table 8.2 and table 8.3
                                                             .
Figure 8.1 How Mali and comparator economies rank on the ease of paying taxes




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                        72



PAYING TAXES
Economies around the world have made paying taxes                 and exemptions. Many have lowered tax rates. Changes
faster, easier and less costly for businesses —such as by         have brought concrete results. Some economies
consolidating payments and filings of taxes, offering             simplifying tax payment and reducing rates have seen
electronic systems for filing and payment, establishing           tax revenue rise. What tax reforms has Doing Business
taxpayer service centers or allowing for more deductions          recorded in Mali (table 8.1)?



Table 8.1 How has Mali made paying taxes easier—or not?
By Doing Business report year from DB2011 to DB2017

DB year            Reform

                   Mali made paying taxes less costly for companies by reducing
                   the corporate income tax rate—though it also introduced a new
DB2013             tax on land. At the same time, Mali simplified the processes of
                   paying taxes by introducing a single form for joint filing and
                   payment of several taxes.
Source: Doing Business database.
Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for
these years, available at http://www.doingbusiness.org.
  Doing Business 2017                   Mali                                                                             73




PAYING TAXES
What are the details?
The indicators reported here for Mali are based on
                                                            LOCATION OF STANDARDIZED COMPANY
the taxes and contributions that would be paid by a
standardized case study company used by Doing
Business in collecting the data (see the section in this     City: Bamako
chapter on what the indicators cover). Tax
practitioners are asked to review a set of financial
statements as well as a standardized list of
assumptions and transactions that the company
                                                           The taxes and contributions paid are listed in table 8.2,
completed during its 2nd year of operation.
                                                           along with the associated number of payments, time
Respondents are asked how much taxes and
                                                           and tax rate.
mandatory contributions the business must pay, how
these taxes are filed and paid, how much time              The postfiling index is based on four components—the
taxpayers spend preparing, filing and paying three         time to comply with a VAT or GST refund, the time to
major taxes (profit taxes, labor taxes including           obtain a VAT or GST refund, the time to comply with a
mandatory contributions and consumption taxes) and         corporate income tax audit and the time to complete a
how much time taxpayers spend complying with               corporate income tax audit. These components are
postfiling processes and waiting for these processes       based on expanded case study assumptions. If only VAT
to be completed.                                           (or GST) or corporate income tax applies for an
                                                           economy, the postfiling index is the simple average of
                                                           the scores for only the two components pertaining to
                                                           the applicable tax. If neither VAT (or GST) nor corporate
                                                           income tax applies, the postfiling index is not included in
                                                           the ranking of the ease of paying taxes.



Table 8.2 Summary of tax rates and administration
                                                                                             Total tax Notes on
Tax or mandatory                  Payments      Notes on       Time      Statutory
                                                                                   Tax base rate (% of total tax
contribution                      (number)      payments      (hours)     tax rate
                                                                                              profit)    rate
                                                                                        gross
Payroll tax                           12                                    3.5%                     3.95
                                                                                       salaries
                                                                                        gross
Social Security contributions         12                        120        21.9%                    24.70
                                                                                       salaries
                                                                          fixed duty
                                                                              and
                                                                        proportiona
                                                                         l 10% duty
Business license tax                   1                                                             2.72
                                                                             of the
                                                                        rental value
                                                                           business
                                                                           premises
  Doing Business 2017                  Mali                                                                   74



                                                                                       Total tax Notes on
Tax or mandatory                   Payments   Notes on    Time     Statutory
                                                                             Tax base rate (% of total tax
contribution                       (number)   payments   (hours)    tax rate
                                                                                        profit)    rate
                                                                                 gross
Tax for youth employment              0        jointly                2%                   2.26
                                                                                salaries
                                                                                 gross
Apprenticeship tax                    0        jointly                2%                   2.26
                                                                                salaries
                                                                                taxable
Corporate income tax                  4                    30        30%                   10.12
                                                                                profits
                                                                                 gross
Accomodation tax                      0        jointly                1%                   1.13
                                                                                salaries
                                                                                horse
Vehicle tax                           1                            fixed fee               0.50
                                                                                power
                                                                               insurance
Insurance tax                         1                              20%                   0.42
                                                                               premium
                                                                               interest
Tax on interest                       1                               9%                   0.23
                                                                               income
                                                                    various                         small
Fuel tax                              1                                                    0.00
                                                                     rates                         amount
                                                                                                    small
Stamp duty                            1                            XOF 1,500 per page      0.00
                                                                                                   amount
 Stamp duty       on    property                                                                    small
                                      1                                                    0.00
transfer                                                                                           amount
Social Security contributions                                                    gross
                                      0                              6.7%                  0.00
on employee                                                                     salaries
                                                                                value                 not
Value added tax (VAT)                 0        jointly    120        18%                   0.00
                                                                                added              included
Totals                               35.0                 270.0                            48.3
Source: Doing Business database.
  Doing Business 2017                 Mali                                                                          75




TRADING ACROSS BORDERS
In today’s globalized world, making trade between      WHAT THE TRADING ACROSS BORDERS
economies easier is increasingly important for
                                                       INDICATORS MEASURE FOR IMPORT & EXPORT
business. Excessive use of paper documents,
burdensome customs procedures, inefficient port
operations and inadequate infrastructure all lead       Documentary compliance
to extra costs and delays for exporters and               Obtaining, preparing and submitting documents
importers, stifling trade potential.                      during transport, clearance, inspections and port
                                                          or border handling in origin economy
What do the indicators cover?
                                                          Obtaining, preparing and submitting documents
Doing Business records the time and cost                  required by destination economy and any transit
associated with the logistical process of exporting       economies
and importing goods. Doing Business measures the
                                                          Covers all documents required by law and in
time and cost (excluding tariffs) associated with
                                                          practice, including electronic submissions of
three     sets    of    procedures—documentary            information as well as non-shipment-specific
compliance, border compliance and domestic                documents necessary to complete the trade
transport—within the overall process of exporting
                                                        Border compliance
or importing a shipment of goods. The ranking of
economies on the ease of trading across borders is        Customs clearance and inspections
determined by sorting their distance to frontier          Inspections by other agencies (if applied to more
scores for trading across borders. These scores are       than 10% of shipments)
the simple average of the distance to frontier
                                                          Port or border handling
scores for the time and cost for documentary
compliance and border compliance to export and            Processing of documents during clearance,
import (domestic transport is not used for                inspections and port or border handling.
calculating the ranking).                               Domestic transport
                                                          Loading and unloading of shipment at warehouse,
To make the data comparable across economies, a
                                                          dry port or border
few assumptions are made about the traded goods
and the transactions:                                     Transport by most widely used mode between
                                                          warehouse and terminal or dry port
Time                                                      Traffic delays and road police checks while
Time is measured in hours, and 1 day is 24 hours          shipment is en route
(for example, 22 days are recorded as 22 × 24 =
528 hours). If customs clearance takes 7.5 hours,
the data are recorded as is. Alternatively, suppose   Cost
that documents are submitted to a customs             Insurance cost and informal payments for which no receipt
agency at 8:00 a.m., are processed overnight and      is issued are excluded from the costs recorded. Costs are
can be picked up at 8:00 a.m. the next day. In this   reported in U.S. dollars. Contributors are asked to convert
case the time for customs clearance would be          local currency into U.S. dollars based on the exchange rate
recorded as 24 hours because the actual procedure     prevailing on the day they answer the questionnaire.
took 24 hours.
    Doing Business 2017                 Mali                                                                            76


Assumptions of the case study                              If government fees are determined by the value of the
                                                            shipment, the value is assumed to be $50,000.
    For each of the 190 economies covered by
     Doing Business, it is assumed that a shipment         The product is new, not secondhand or used
     travels from a warehouse in the largest                merchandise.
     business city of the exporting economy to a
                                                           The exporting firm is responsible for hiring and paying
     warehouse in the largest business city of the
                                                            for a freight forwarder or customs broker (or both)
     importing economy. For 11 economies the
                                                            and pays for all costs related to international shipping,
     data are also collected, under the same case
                                                            domestic transport, clearance and mandatory
     study assumptions, for the second largest
                                                            inspections by customs and other government
     business city.
                                                            agencies, port or border handling, documentary
    The import and export case studies assume              compliance fees and the like for exports. The
     different traded products. It is assumed that          importing firm is responsible for the above costs for
     each economy imports a standardized                    imports.
     shipment of 15 metric tons of containerized
                                                           The mode of transport is the one most widely used for
     auto parts (HS 8708) from its natural import
                                                            the chosen export or import product and the trading
     partner—the economy from which it imports
                                                            partner, as is the seaport, airport or land border
     the largest value (price times quantity) of auto
                                                            crossing.
     parts. It is assumed that each economy exports
     the product of its comparative advantage              All electronic submissions of information requested by
     (defined by the largest export value) to its           any government agency in connection with the
     natural export partner—the economy that is             shipment are considered to be documents obtained,
     the largest purchaser of this product. Special         prepared and submitted during the export or import
     products, such as precious metal and gems,             process.
     live animals and pharmaceuticals are excluded         A port or border is defined as a place (seaport, airport
     from the list of possible export products,
                                                            or land border crossing) where merchandise can enter
     however, and the second largest product
                                                            or leave an economy.
     category is considered as needed.
                                                           Government agencies considered relevant are
 A shipment is a unit of trade. Export shipments           agencies such as customs, port authorities, road
  do not necessarily need to be containerized,              police, border guards, standardization agencies,
  while import shipments of auto parts are                  ministries or departments of agriculture or industry,
  assumed to be containerized.                              national security agencies and any other government
                                                            authorities.
  Doing Business 2017                  Mali                                                                         77



TRADING ACROSS BORDERS
Where does the economy stand today?
The Trading across Borders indicator refers to a case        Globally, Mali stands at 89 in the ranking of 190
study scenario of a warehouse in the largest business city   economies on the ease of trading across borders (figure
of an economy (except for 11 economies for which the         9.1).
data are a population-weighted average of the 2 largest
                                                             While not included in the distance to frontier or ease of
business cities) trading with the main import and export     doing business ranking, data on domestic transportation
partner through the economy’s main border crossing.          is also recorded for all economies and provided in Table
                                                             9.3.


Figure 9.1 How Mali and comparator economies rank on the ease of trading across borders




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                         78



TRADING ACROSS BORDERS
In economies around the world, trading across borders             systems. These changes help improve the trading
as measured by Doing Business has become faster and               environment     and     boost    firms’  international
easier over the years. Governments have introduced                competitiveness. What trade reforms has Doing Business
tools to facilitate trade—including single windows, risk-         recorded in Mali (table 9.1)?
based inspections and electronic data interchange

Table 9.1 How has Mali made trading across borders easier—or not?
By Doing Business report year from DB2011 to DB2017

DB year             Reform

                    Mali eliminated redundant inspections of imported goods,
DB2011
                    reducing the time for trading across borders.

                    Mali reduced the time for documentary compliance for both
DB2016              exporting and importing by introducing an electronic data
                    interchange system.
Source: Doing Business database.
Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for
these years, available at http://www.doingbusiness.org.
  Doing Business 2017                    Mali                                                                                  79




TRADING ACROSS BORDERS
What are the details?
The indicators reported here for Mali are based on a
                                                              LOCATION OF STANDARDIZED COMPANY
set of specific predefined procedures for trading a
shipment of goods by the most widely used mode of
transport (whether sea or land or some combination                 City: Bamako
of these). The information on the time and cost to
complete export and import is collected from local          The details on the predefined set of procedures, and the
freight forwarders, customs brokers and traders.            associated time and cost, for exporting and importing a
                                                            shipment of goods are listed in the summary bellow,
                                                            along with the required documents.

Table 9.2 Summary of export and import time and cost for trading across borders in Mali
                                                                        Mali                     Sub-Saharan Africa

Time to export: Border compliance (hours)                                48                                101
Cost to export: Border compliance (USD)                                 242                                571
Time to export: Documentary compliance (hours)                           48                                91
Cost to export: Documentary compliance (USD)                             33                                225
Time to import: Border compliance (hours)                                98                                141
Cost to import: Border compliance (USD)                                 298                                662
Time to import: Documentary compliance (hours)                           77                                105
Cost to import: Documentary compliance (USD)                            375                                313
Source: Doing Business database.

Table 9.3 Summary of trading details, transport time and documents for trading across borders in Mali
                                                                      Export                             Import

                                                           HS 41: Raw hides and skins
                                                                                            HS 8708: Parts and accessories
Product                                                     (other than fur skins) and
                                                                                                  of motor vehicles
                                                                     leather
Trade partner                                                          China                             France
Border                                                    Diboly-Kidira border crossing Diboly-Kidira border crossing
Distance (km)                                                           708                                708
Domestic transport time (hours)                                          29                                32
Domestic transport cost (USD)                                           429                                932

Source: Doing Business database.
Note: Although Doing Business collects and publishes data on the time and cost for domestic transport, it does not use these
  Doing Business 2017                     Mali                                                                               80


data in calculating the distance to frontier score for trading across borders or the ranking on the ease of trading across
borders.



 Documents to export

    Commercial invoice

    Export intention

    Customs Export Declaration

    Phytosanitary certificate

    Packing list



 Documents to import

    Commercial invoice

    Packing list

    Transit document (T1)

    TRIE

    Import intention

    Customs import declaration

    BIVAC attestation

    Insurance certificate
Source: Doing Business database.
Note: Doing Business continues to collect data on the number of documents needed to trade internationally. Unlike in previous
years, however, these data are excluded from the calculation of the distance to frontier score and ranking. The time and cost
for documentary compliance serve as better measures of the overall cost and complexity of compliance with documentary
requirements than does the number of documents required.
  Doing Business 2017               Mali                                    81


Figure 9.2 Summary of Mali on the ease of trading across borders
                       Export                                      Import




Source: Doing Business database.
    Doing Business 2017                Mali                                                                             82




ENFORCING CONTRACTS
                                                              WHAT THE ENFORCING CONTRACTS
Effective commercial dispute resolution has many
benefits. Courts are essential for entrepreneurs              INDICATORS MEASURE
because they interpret the rules of the market and
protect economic rights. Efficient and transparent            Time required to enforce a contract through
courts encourage new business relationships because           the courts (calendar days)
businesses know they can rely on the courts if a new
customer fails to pay. Speedy trials are essential for          Time to file and serve the case
small enterprises, which may lack the resources to              Time for trial and to obtain the judgment
stay in business while awaiting the outcome of a long
                                                                Time to enforce the judgment
court dispute.
                                                              Cost required to enforce a contract through
What do the indicators cover?                                 the courts (% of claim)
Doing Business measures the time and cost for                   Attorney fees
resolving a standardized commercial dispute through
a local first-instance court. In addition, Doing                Court fees
Business measures the quality of judicial processes             Enforcement fees
index, evaluating whether each economy has
                                                              Quality of judicial processes index (0-18)
adopted a series of good practices that promote
quality and efficiency in the court system. The                 Court structure and proceedings (0-5)
ranking of economies on the ease of enforcing                   Case management (0-6)
contracts is determined by sorting their distance to
frontier scores. These scores are the simple average            Court automation (0-4)
of the distance to frontier scores for each of the              Alternative dispute resolution (0-3)
component indicators.
The dispute in the case study involves the breach of a
sales contract between 2 domestic businesses. The              The seller sues the buyer before the court with
case study assumes that the court hears an expert on            jurisdiction over commercial cases worth 200% of
the quality of the goods in dispute. This distinguishes         income per capita or $5,000.
the case from simple debt enforcement. To make the
                                                               The seller requests a pretrial attachment to secure
data comparable across economies, Doing Business
                                                                the claim.
uses several assumptions about the case:
                                                               The dispute on the quality of the goods requires an
                                                                expert opinion.
    The dispute concerns a lawful transaction
                                                               The judge decides in favor of the seller; there is no
     between two businesses (Seller and Buyer), both
                                                                appeal.
     located in the economy’s largest business city.
     For 11 economies the data are also collected for          The seller enforces the judgment through a public
     the second largest business city.                          sale of the buyer’s movable assets.
    The buyer orders custom-made goods, then fails
     to pay.
    The value of the dispute is 200% of the income
     per capita or the equivalent in local currency of
     USD 5,000, whichever is greater.
  Doing Business 2017                   Mali                                                                          83



ENFORCING CONTRACTS
Where does the economy stand today?
How efficient is the process of resolving a commercial         and ease of doing business ranking at the end of this
dispute through the courts in Mali? According to data          profile for more details.
collected by Doing Business, contract enforcement takes
                                                               Globally, Mali stands at 156 in the ranking of 190
620.0 days and costs 52.0% of the value of the claim.
                                                               economies on the ease of enforcing contracts (figure
Most indicator sets refer to the largest business city of an
                                                               10.1). The rankings for comparator economies and the
economy, except for 11 economies for which the data
                                                               regional average provide other useful benchmarks for
are a population-weighted average of the 2 largest
                                                               assessing the efficiency of contract enforcement in Mali.
business cities. See the chapter on distance to frontier

Figure 10.1 How Mali and comparator economies rank on the ease of enforcing contracts




Source: Doing Business database.
  Doing Business 2017                Mali                                                         84




ENFORCING CONTRACTS
What are the details?
The data on time and cost reported here for Mali are
                                                       ECONOMY DETAILS
built by following the step-by-step evolution of a
commercial sale dispute within the court, under the
assumptions about the case described above (figure     Claim value:           XOF 2,530,670
10.2). The time and cost of resolving the
standardized dispute are identified through study of
                                                                              Bamako Commercial
the codes of civil procedure and other court           Court name:
                                                                              Court
regulations, as well as through questionnaires
completed by local litigation lawyers (and, in a
                                                       City:                  Bamako
quarter of the economies covered by Doing Business,
by judges as well).

Figure 10.2 Time and cost of contract enforcement in Mali and comparator economies




Source: Doing Business database.
  Doing Business 2017                Mali                                              85



Table 10.2 Details on time and cost for enforcing contracts in Mali

                                                                       Sub-Saharan
 Indicator                                                     Mali
                                                                      Africa average

Time (days)                                                    620         655

Filing and service                                              15

Trial and judgment                                             240

Enforcement of judgment                                        365

Cost (% of claim)                                              52.0        44.3

Attorney fees                                                  30.0

Court fees                                                     15.0

Enforcement fees                                                7.0


Source: Doing Business database.
  Doing Business 2017                  Mali                                                                           86




ENFORCING CONTRACTS
Quality of judicial processes index
The quality of judicial processes index measures          The scores reported here show which of these good
whether each economy has adopted a series of good         practices are available in Mali (figure 10.3).
practices in its court system in four areas: court
                                                          This methodology was initially developed by Djankov and
structure and proceedings, case management, court
                                                          others (2003) and is adopted here with several changes.
automation and alternative dispute resolution. The
                                                          The quality of judicial processes index was introduced in
score on the quality of judicial processes index is the
                                                          Doing Business 2016. The good practices tested in this
sum of the scores on these 4 sub-components. The
                                                          index were developed on the basis of internationally
index ranges from 0 to 18, with higher values
                                                          recognized good practices promoting judicial efficiency.
indicating more efficient judicial processes.
Figure 10.3 Quality of judicial processes index in Mali and comparator economies
  Doing Business 2017                  Mali                                                              87



Source: Doing Business database.

Table 10.3 Details of the quality of judicial processes index in Mali
                                                                                  Answer         Score
Quality of judicial processes index (0-18)                                                        5.5

Court structure and proceedings (0-5)                                                             3.0

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

2. Small claims court                                                                             0.0

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

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
                                                                                    Yes           0.0
court as a man's?

Case management (0-6)                                                                             0.0

1. Time standards                                                                                 0.0

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

1.b. If yes, are the time standards set for at least three court events?             No

1.c. Are these time standards respected in more than 50% of cases?                  Yes

2. Adjournments                                                                                   0.0

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

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

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

 3. Can two of the following four reports be generated about the
competent court: (i) time to disposition report; (ii) clearance rate report;         No           0.0
(iii) age of pending cases report; and (iv) single case progress report?

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

 5. Are there any electronic case management tools in place within the
                                                                                     No           0.0
competent court for use by judges?
  Doing Business 2017                   Mali                                                    88



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

Court automation (0-4)                                                                   0.5

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

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

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

4. Publication of judgments                                                              0.5

 4.a Are judgments rendered in commercial cases at all levels made
available to the general public through publication in official gazettes,       No
in newspapers or on the internet or court website?

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

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 or section of the applicable code of civil              Yes
procedure encompassing substantially all its aspects?

 1.b. Are there any commercial disputes—aside from those that deal
with public order or public policy—that cannot be submitted to                  No
arbitration?

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

2. Mediation/Conciliation                                                                0.5

2.a. Is voluntary mediation or conciliation available?                          Yes

2.b. Are mediation, conciliation or both governed by a consolidated law
or consolidated chapter or section of the applicable code of civil              No
procedure encompassing substantially all their aspects?

 2.c. Are there financial incentives for parties to attempt mediation or
conciliation (i.e., if mediation or conciliation is successful, a refund of     No
court filing fees, income tax credits or the like)?
Source: Doing Business database.
    Doing Business 2017                 Mali                                                                 89




RESOLVING INSOLVENCY
A robust bankruptcy system functions as a filter,           WHAT THE RESOLVING INSOLVENCY
ensuring the survival of economically efficient
companies and reallocating the resources of                 INDICATORS MEASURE
inefficient ones. Fast and cheap insolvency
proceedings result in the speedy return of businesses        Time required to recover debt (years)
to normal operation and increase returns to
                                                              Measured in calendar years
creditors. By clarifying the expectations of creditors
and debtors about the outcome of insolvency                   Appeals and requests for extension are
proceedings, well-functioning insolvency systems can          included
facilitate access to finance, save more viable               Cost required to recover debt (% of debtor’s
businesses and sustainably grow the economy.                 estate)
What do the indicators cover?                                 Measured as percentage of estate value
Doing Business studies the time, cost and outcome of          Court fees
insolvency proceedings involving domestic legal               Fees of insolvency administrators
entities. These variables are used to calculate the           Lawyers’ fees
recovery rate, which is recorded as cents on the              Assessors’ and auctioneers’ fees
dollar recovered by secured creditors through                 Other related fees
reorganization, liquidation or debt enforcement
                                                             Outcome
(foreclosure or receivership) proceedings. To
determine the present value of the amount                     Whether business continues operating as a
recovered by creditors, Doing Business uses the               going concern or business assets are sold
lending rates from the International Monetary Fund,           piecemeal
supplemented with data from central banks and the            Recovery rate for creditors
Economist Intelligence Unit.
                                                              Measures the cents on the dollar recovered
To make the data on the time, cost and outcome                by secured creditors
comparable across economies, several assumptions
                                                              Outcome for the business (survival or not)
about the business and the case are used:
                                                              determines the maximum value that can be
    A hotel located in the largest city (or cities) has      recovered
     201 employees and 50 suppliers. The hotel                Official costs of the insolvency proceedings
     experiences financial difficulties.                      are deducted
    The value of the hotel is 100% of the income per         Depreciation of furniture is taken into
     capita or the equivalent in local currency of USD        account
     200,000, whichever is greater.
                                                              Present value of debt recovered
    The hotel has a loan from a domestic bank,
                                                             Strength of insolvency framework index (0-
     secured by a mortgage over the hotel’s real
                                                             16)
     estate. The hotel cannot pay back the loan, but
     makes enough money to operate otherwise.                 Sum of the scores of four component indices:
                                                              Commencement of proceedings index (0-3)
In addition, Doing Business evaluates the adequacy
and integrity of the existing legal framework                 Management of debtor’s assets index (0-6)
applicable to liquidation and reorganization                  Reorganization proceedings index (0-3)
proceedings through the strength of insolvency                Creditor participation index (0-4)
framework index. The index tests whether economies
adopted internationally accepted good practices in         management of debtor’s assets, reorganization
four areas: commencement of proceedings,                   proceedings and creditor participation.
  Doing Business 2017                  Mali                                                                         90



RESOLVING INSOLVENCY
Where does the economy stand today?
Globally, Mali stands at 99 in the ranking of 190            not measure insolvency proceedings of individuals and
economies on the ease of resolving insolvency (figure        financial institutions. The data are derived from
11.1). The ranking of economies on the ease of resolving     questionnaire responses by local insolvency practitioners
insolvency is determined by sorting their distance to        and verified through a study of laws and regulations as
frontier scores for resolving insolvency. These scores are   well as public information on bankruptcy systems.
the simple average of the distance to frontier scores for
the recovery rate and the strength of insolvency
framework index. The resolving insolvency indicator does

Figure 11.1 How Mali and comparator economies rank on the ease of resolving insolvency




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                                 91



RESOLVING INSOLVENCY
Recovery of debt in insolvency
Data on the time, cost and outcome refer to the most              average recovery rate is 24.8 cents on the dollar. Most
likely in-court insolvency procedure applicable under             indicator sets refer to a case scenario in the largest
specific case study assumptions.                                  business city of an economy, except for 11 economies for
                                                                  which the data are a population-weighted average of the
According to data collected by Doing Business, resolving
                                                                  2 largest business cities.
insolvency takes 3.6 years on average and costs 18.0% of
the debtor’s estate, with the most likely outcome being
that the company will be sold as piecemeal sale. The

Figure 11.2 Efficiency of proceedings - time, cost and recovery rate in Mali and comparator economies.




Source: Doing Business database.
Note: The recovery rate is calculated based on the time, cost and outcome of insolvency proceedings involving domestic legal
entities and is recorded as cents on the dollar recovered by secured creditors. The calculation takes into account the outcome:
whether the business emerges from the proceedings as a going concern or the assets are sold piecemeal. Then the costs of the
proceedings are deducted. Finally, the value lost as a result of the time the money remains tied up in insolvency proceedings is
taken into account. The recovery rate is the present value of the remaining proceeds, based on end-2015 lending rates.
  Doing Business 2017                     Mali                                                                           92




Table 11.1 Details of data on efficiency of insolvency proceedings in Mali
 Indicator        Answer                                        Explanation
                          As Mirage will not be able to settle its current liabilities with its available assets,
                           it will file a declaration of cessation of payments (article 25 of the Uniform Act
                           Organizing Collective Proceedings for Wiping Off Debts). In order to continue
                           operating, Mirage will try to obtain the opening of reorganization proceedings
             liquidation    and avoid liquidation. Under article 27, a composition proposal is a proposal
               (after an         lodged no later than 15 days following the declaration of cessation of
Proceeding
             attempt at      payments, specifying the measures and conditions envisaged to redress the
           reorganization) company. According to our information, Mirage will not reach an agreement
                            with its creditors, so the composition proposal will not succeed and the court
                            will convert the proceedings to liquidation some months after the lodging of
                           the proposal (article 33 of the Uniform Act). A reorganization proceeding that
                                is later converted into liquidation is the most likely proceeding in Mali.

                                     According to our estimations, the reorganization attempt will fail and the
                                     proceedings will probably be converted to liquidation. The hotel will stop
Outcome       piecemeal sale
                                     operating and will be dismantled, and the assets of the debtor will be sold
                                                                    separately.

                                   Mirage will file a declaration of cessation of payments to obtain the opening of
                                   reorganization proceedings. The declaration has to be done 30 days following
                                   the cessation of payments. The competent court will then declare cessation of
 Time (in
                      3.6           payments and open reorganization proceedings. The composition proposal
years)
                                    will fail, so the proceedings will be converted to liquidation. According to our
                                     estimations, the complete process of a reorganization attempt that is then
                                                 converted to liquidation takes approximately 43 months.

                                   According to our estimations, a reorganization attempt that is later converted
                                    into liquidation costs approximately XOF 18,500,000 (18% of the value of the
 Cost (% of
                    18.0            estate). Lawyer fees (10%), official receiver and receivers (5%), and bailiffs and
estate)
                                   assignees (3%) appointed under articles 39, 41 and 48 constitute the main cost
                                                                      components.

Recovery rate: 24.8
Source: Doing Business database.
  Doing Business 2017                Mali                                                                             93




RESOLVING INSOLVENCY
Strength of resolving insolvency index

The strength of insolvency framework index is the      with higher values indicating insolvency legislation that is
sum of the scores on the commencement of               better designed for rehabilitating viable firms and
proceedings index, management of debtor’s ass ets      liquidating nonviable ones. Mali’s score on the strength of
index, reorganization proceedings index and creditor   insolvency framework index is 9.0 out of 16. Data on
participation index. The index ranges from 0 to 16,    provisions applicable to judicial liquidation and
                                                       reorganization is based on the current law governing
                                                       insolvency proceedings in each economy.
Figure 11.3 Strength of insolvency framework index (0-16) in Mali and comparator economies




Source: Doing Business database.
  Doing Business 2017                    Mali                                                                              94




Note: Even if the economy’s legal framework includes provisions related to insolvency proceedings (liquidation or
reorganization), the economy receives 0 points for the strength of insolvency framework index, if time, cost and outcome
indicators are recorded as “no practice”.
  Doing Business 2017                Mali                                                               95




Table 11.2 Summary of data for the strength of insolvency framework index in Mali
                                                                            Answer              Score
Strength of insolvency framework index (0-16)                                                    9.0

Commencement of proceedings index (0-3)                                                          2.0

                                                                     (c) Debtor may
What procedures are available to a DEBTOR when commencing insolvency      file for
                                                                                                 0.5
proceedings?                                                         reorganization
                                                                            only

                                                                            (b) Yes, but a
 Does the insolvency framework allow a CREDITOR to file for insolvency of creditor may file
                                                                                                 0.5
the debtor?                                                                for liquidation
                                                                                 only

                                                                       (a) Debtor is
What basis for commencement of the insolvency proceedings is allowed generally unable
                                                                                                 1.0
under the insolvency framework?                                      to pay its debts
                                                                      as they mature

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

 Does the insolvency framework allow the continuation of contracts
                                                                                  Yes            1.0
supplying essential goods and services to the debtor?

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

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

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

Does the insolvency framework provide for the possibility of the debtor
                                                                                  Yes            1.0
obtaining credit after commencement of insolvency proceedings?

                                                                      (a) Yes over all
                                                                            pre-
 Does the insolvency framework assign priority to post-commencement
                                                                     commencement                0.5
credit?
                                                                    creditors, secured
                                                                       or unsecured

Reorganization proceedings index (0-3)                                                           0.5

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 as what they would obtain in a            No             0.0
liquidation?

 Are the creditors devided into classes for the purposes of voting on the         No             0.0
reorganization plan, does each class vote separately and are creditors in
  Doing Business 2017                Mali                                                   96




                                                                           Answer   Score
the same class treated equally?

Creditor participation index (0-4)                                                   1.0

 Does the insolvency framework require approval by the creditors for
                                                                            No       0.0
selection or appointment of the insolvency representative?

Does the insolvency framework require approval by the creditors for sale
                                                                            No       0.0
of substantial assets of the debtor?

 Does the insolvency framework provide that a creditor has the right to
                                                                            No       0.0
request information from the insolvency representative?

Does the insolvency framework provide that a creditor has the right to
                                                                            Yes      1.0
object to decisions accepting or rejecting creditors' claims?
Source: Doing Business database.
  Doing Business 2017                    Mali                                                                      97




RESOLVING INSOLVENCY
A well-balanced bankruptcy system distinguishes                   change. Many recent reforms of bankruptcy laws have
companies that are financially distressed but                     been aimed at helping more of the viable businesses
economically viable from inefficient companies that               survive. What insolvency reforms has Doing Business
should be liquidated. But in some insolvency systems              recorded in Mali (table 11.3)?
even viable businesses are liquidated. This is starting to


Table 11.3 How has Mali made resolving insolvency easier—or not?
By Doing Business report year from DB2011 to DB2017

DB year             Reform

                    Mali made resolving insolvency easier by introducing a new
                    conciliation procedure for companies in financial difficulties
DB2017
                    and a simplified preventive settlement procedure for small
                    companies.
Source: Doing Business database.
Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports
for these years, available at http://www.doingbusiness.org.
  Doing Business 2017                 Mali                                                                   98



LABOR MARKET REGULATION
Doing Business studies the flexibility of regulation of         food retail sector and they apply even to firms
employment, specifically as it relates to the areas of          that are not party to them.
hiring, working hours and redundancy. Doing Business
                                                               Abides by every law and regulation but does not
also measures several aspects of job quality such as the        grant workers more benefits than those
availability of maternity leave, paid sick leave and the        mandated by law, regulation or (if applicable)
equal treatment of men and women at the workplace.              collective bargaining agreements.

Doing Business 2017 presents the data for the labor
market regulation indicators in an annex. The report
does not present rankings of economies on these
indicators or include the topic in the aggregate distance
to frontier score or ranking on the ease of doing
business. Detailed data collected on labor market
regulation are available on the Doing Business website
(http://www.doingbusiness.org). The data on labor
market regulation are based on a detailed questionnaire
on employment regulations that is completed by local
lawyers and public officials. Employment laws and
regulations as well as secondary sources are reviewed to
ensure accuracy.

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

The worker:
       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 business:
       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 11
        economies 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 the
  Doing Business 2017                Mali                                                                        99




LABOR MARKET REGULATION
What are the details?
The data reported here for Mali are based on a detailed    regulations as well as secondary sources are reviewed to
survey of labor market regulation that is completed by     ensure accuracy.
local lawyers and public officials. Employment laws and


Hiring
Data on hiring cover five areas: (i) whether fixed-term    minimum wage to the average value added per worker
contracts are prohibited for permanent tasks; (ii) the     (the ratio of an economy’s GNI per capita to the
maximum cumulative duration of fixed-term contracts;       working-age population as a percentage of the total
(iii) the minimum wage for a cashier, age 19, with one     population).
year of work experience; and (iv) the ratio of the


 Hiring                                                                                    Data
 Fixed-term contracts prohibited for permanent tasks?                                       Yes
 Maximum length of a single fixed-term contract (months)                                24 months
 Maximum length of fixed-term contracts, including renewals (months)                       72.0
 Minimum wage applicable to the worker assumed in the case study
                                                                                           74.2
 (US$/month)
 Ratio of minimum wage to value added per worker                                            0.6
Source: Doing Business database.
  Doing Business 2017                Mali                                                                          100




LABOR MARKET REGULATION
Working hours
Data on working hours cover nine areas: i) the maximum      and nonnursing women can work the same night hours
number of working days allowed per week; (ii) the           as men*; (vii) whether there are restrictions on weekly
premium for night work (as a percentage of hourly pay);     holiday work; (viii) whether there are restrictions on
(iii) the premium for work on a weekly rest day (as a       overtime work; and (ix) the average paid annual leave for
percentage of hourly pay); (iv) the premium for overtime    workers with 1 year of tenure, 5 years of tenure, and 10
work (as a percentage of hourly pay); (v) whether there     years                      of                     tenure.
are restrictions on night work; (vi) whether nonpregnant


 Working Hours                                                                                Data

 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)                                         0.0

 Premium for overtime work (% of hourly pay)                                                  10.0

 Restrictions on night work?                                                                   No
 Whether nonpregnant and nonnursing women can work the same night                              Oui
 hours as men
 Restrictions on weekly holiday?                                                               No

 Restrictions on overtime work?                                                                No

 Paid annual leave for a worker with 1 year of tenure (working days)                          22.0

 Paid annual leave for a worker with 5 years of tenure (working days)                         22.0

 Paid annual leave for a worker with 10 years of tenure (working days)                        22.0
 Paid annual leave (average for workers with 1, 5 and 10 years of tenure, in                  22.0
 working days)
Source: Doing Business database.
  Doing Business 2017                  Mali                                                                        101




LABOR MARKET REGULATION
Redundancy rules

Data on redundancy cover nine areas: (i) the length of       whether the employer needs approval from a third party
the maximum probationary period (in months) for              to terminate one redundant worker; (vi) whether the
permanent employees; (ii) whether redundancy is              employer needs approval from a third party to terminate
allowed as a basis for terminating workers; (iii) whether    a group of nine redundant workers; (vii) whether the law
the employer needs to notify a third party (such as a        requires the employer to reassign or retrain a worker
government agency) to terminate one redundant worker;        before making the worker redundant; (viii) whether
(iv) whether the employer needs to notify a third party to   priority rules apply for redundancies; and (ix) whether
terminate a group of nine redundant workers; (v)             priority     rules     apply    for      reemployment.



 Redundancy rules                                                                                  Data

 Maximum length of probationary period (months)                                                     6.0

 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?                                                                  Yes

 Priority rules for reemployment?                                                                  Yes
Source: Doing Business database.
  Doing Business 2017                Mali                                                                       102




LABOR MARKET REGULATION
Redundancy cost

Redundancy cost measures the cost of advance notice       severance payments applicable to a worker with 1 year of
requirements and severance payments due when              tenure, a worker with 5 years and a worker with 10 years
terminating a redundant worker, expressed in weeks of     is considered. One month is recorded as 4 and 1/3
salary. The average value of notice requirements and      weeks.



Redundancy cost indicator (in salary weeks)                                                     Data

 Notice period for redundancy dismissal for a worker with 1 year of tenure                       4.3

 Notice period for redundancy dismissal for a worker with 5 years of tenure                      4.3

 Notice period for redundancy dismissal for a worker with 10 years of tenure                     4.3
 Notice period for redundancy dismissal (average for workers with 1, 5 and 10 years              4.3
 of tenure)
 Severance pay for redundancy dismissal for a worker with 1 year of tenure                       5.2

 Severance pay for redundancy dismissal for a worker with 5 years of tenure                      8.7

 Severance pay for redundancy dismissal for a worker with 10 years of tenure                    14.1
 Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years              9.3
 of tenure)
Source: Doing Business database.
  Doing Business 2017                  Mali                                                                            103




LABOR MARKET REGULATION

Job quality
Doing Business introduced new data on job quality in         leave receive 100% of wages; (vi) the availability of five
2015. Doing Business 2017 covers eight questions on job      fully paid days of sick leave a year; (vii) whether a worker
quality (i) whether the law mandates equal remuneration      is eligible for an unemployment protection scheme after
for work of equal value; (ii) whether the law mandates       one year of service; and (viii) the minimum duration of
nondiscrimination based on gender in hiring; (iii)           the contribution period (in months) required for
whether the law mandates paid or unpaid maternity            unemployment protection.
leave; (iv) the minimum length of paid maternity leave (in   .
calendar days); (v) whether employees on maternity




Job Quality                                                                                           Data

 Equal remuneration for work of equal value?                                                          Non

 Gender nondiscrimination in hiring?                                                                  Non

 Paid or unpaid maternity leave mandated by law?                                                       Oui

 Minimum length of maternity leave (calendar days)?                                                   98.0

 Receive 100% of wages on maternity leave?                                                             Yes

 Five fully paid days of sick leave a year?                                                            Yes

 Unemployment protection after one year of employment?                                                 No

 Minimum contribution period for unemployment protection (months)?                                     n.a.
Source: Doing Business database.
  Doing Business 2017                  Mali                                                                             104



DISTANCE TO FRONTIER AND EASE OF DOING BUSINESS RANKING
Doing Business presents results for two aggregate             even though it is no longer at the frontier in a
measures: the distance to frontier score and the ease of      subsequent year.
doing business ranking, which is based on the distance
                                                              For scores such as those on the strength of legal rights
to frontier score. The ease of doing business ranking
                                                              index or the quality of land administration index, the
compares economies with one another; the distance to
                                                              frontier is set at the highest possible value. For the total
frontier score benchmarks economies with respect to
                                                              tax rate, consistent with the use of a threshold in
regulatory best practice, showing the absolute distance
                                                              calculating the rankings on this indicator, the frontier is
to the best performance on each Doing Business
                                                              defined as the total tax rate at the 15th percentile of the
indicator. When compared across years, the distance to
                                                              overall distribution for all years included in the analysis
frontier score shows how much the regulatory
                                                              up to and including Doing Business 2015. For the time to
environment for local entrepreneurs in an economy has
                                                              pay taxes the frontier is defined as the lowest time
changed over time in absolute terms, while the ease of
                                                              recorded among all economies that levy the three major
doing business ranking can show only how much the
                                                              taxes: profit tax, labor taxes and mandatory
regulatory environment has changed relative to that in
                                                              contributions, and value added tax (VAT) or sales tax. For
other economies.
                                                              the different times to trade across borders, the frontier is
Distance to Frontier                                          defined as 1 hour even though in many economies the
                                                              time is less than that.
The distance to frontier score captures the gap between
an economy’s performance and a measure of best                In the same formulation, to mitigate the effects of
practice across the entire sample of 41 indicators for 10     extreme outliers in the distributions of the rescaled data
Doing Business topics (the labor market regulation            for most component indicators (very few economies
indicators are excluded). For starting a business, for        need 700 days to complete the procedures to start a
example, New Zealand has the smallest number of               business, but many need 9 days), the worst performance
procedures required (1), and New Zealand the shortest         is calculated after the removal of outliers. The definition
time to fulfill them (0.5 days). Slovenia has the lowest      of outliers is based on the distribution for each
cost (0.0), and Australia, Colombia and 111 other             component indicator. To simplify the process two rules
economies have no paid-in minimum capital                     were defined: the 95th percentile is used for the
requirement (table 14.1 in the Doing Business 2017            indicators with the most dispersed distributions
report).                                                      (including minimum capital, number of payments to pay
                                                              taxes, and the time and cost indicators), and the 99th
Calculation of the distance to frontier score
                                                              percentile is used for number of procedures. No outlier is
Calculating the distance to frontier score for each           removed for component indicators bound by definition
economy involves two main steps. In the first step            or construction, including legal index scores (such as the
individual component indicators are normalized to a           depth of credit information index, extent of conflict of
common unit where each of the 41 component                    interest regulation index and strength of insolvency
indicators y (except for the total tax rate) is rescaled      framework index) and the recovery rate (figure 14.1 in
using the linear transformation (worst − y)/(worst −          the Doing Business 2017 report).
frontier). In this formulation the frontier represents the
                                                              In the second step for calculating the distance to frontier
best performance on the indicator across all economies
                                                              score, the scores obtained for individual indicators for
since 2005 or the third year in which data for the
                                                              each economy are aggregated through simple averaging
indicator were collected. Both the best performance and
                                                              into one distance to frontier score, first for each topic
the worst performance are established every five years
                                                              and then across all 10 topics: starting a business, dealing
based on the Doing Business data for the year in which
                                                              with construction permits, getting electricity, registering
they are established, and remain at that level for the five
                                                              property, getting credit, protecting minority investors,
years regardless of any changes in data in interim years.
                                                              paying taxes, trading across borders, enforcing contracts
Thus an economy may set the frontier for an indicator
                                                              and resolving insolvency. More complex aggregation
                                                              methods—such as principal components and
                                                              unobserved components—yield a ranking nearly
    Doing Business 2017                        Mali                                                                                105



identical to the simple average used by Doing Business2.                  The nonlinear transformation is not based on any
Thus Doing Business uses the simplest method:                             economic theory of an “optimal tax rate” that minimizes
weighting all topics equally and, within each topic, giving               distortions or maximizes efficiency in an economy’s
equal weight to each of the topic components 3.                           overall tax system. Instead, it is mainly empirical in
                                                                          nature. The nonlinear transformation along with the
An economy’s distance to frontier score is indicated on a
                                                                          threshold reduces the bias in the indicator toward
scale from 0 to 100, where 0 represents the worst
                                                                          economies that do not need to levy significant taxes on
performance and 100 the frontier. All distance to frontier
                                                                          companies like the Doing Business standardized case
calculations are based on a maximum of five decimals.
                                                                          study company because they raise public revenue in
However, indicator ranking calculations and the ease of
                                                                          other ways—for example, through taxes on foreign
doing business ranking calculations are based on two
                                                                          companies, through taxes on sectors other than
decimals.
                                                                          manufacturing or from natural resources (all of which are
The difference between an economy’s distance to                           outside the scope of the methodology). In addition, it
frontier score in any previous year and its score in 2017                 acknowledges the need of economies to collect taxes
illustrates the extent to which the economy has closed                    from firms.
the gap to the regulatory frontier over time. And in any
                                                                          Calculation of scores for economies with 2 cities
given year the score measures how far an economy is
                                                                          covered
from the best performance at that time.
                                                                          For each of the 11 economies in which Doing Business
Treatment of the total tax rate
                                                                          collects data for the second largest business city as well
The total tax rate component of the paying taxes                          as the largest one, the distance to frontier score is
indicator set enters the distance to frontier calculation in              calculated as the population-weighted average of the
a different way than any other indicator. The distance to                 distance to frontier scores for these two cities (table
frontier score obtained for the total tax rate is                         13.1). This is done for the aggregate score, the scores for
transformed in a nonlinear fashion before it enters the                   each topic and the scores for all the component
distance to frontier score for paying taxes. As a result of               indicators for each topic.
the nonlinear transformation, an increase in the total tax
rate has a smaller impact on the distance to frontier
score for the total tax rate—and therefore on the
distance to frontier score for paying taxes—for
economies with a below-average total tax rate than it
would have had before this approach was adopted in
Doing Business 2015 (line B is smaller than line A in
figure 14.2 of the Doing Business 2017 report). And for
economies with an extreme total tax rate (a rate that is
very high relative to the average), an increase has a
greater impact on both these distance to frontier scores
than it would have had before (line D is bigger than line
C in figure 14.2 of the Doing Business 2017 report).

2
  See Djankov, Manraj and others (2005). Principal components and
unobserved components methods yield a ranking nearly identical to
that from the simple average method because both these methods
assign roughly equal weights to the topics, since the pairwise
correlations among indicators do not differ much. An alternative to the
simple average method is to give different weights to the topics,
depending on which are considered of more or less importance in the
context of a specific economy.
3
  For getting credit, indicators are weighted proportionally, according
to their contribution to the total score, with a weight of 60% assigned
to the strength of legal rights index and 40% to the depth of credit
information index. Indicators for all other topics are assigned equal
weights
  Doing Business 2017                   Mali                                                                          106



Table 13.1 Weights used in calculating the distance to        the most. First, it selects the economies that in 2015/16
frontier scores for economies with 2 cities covered           implemented regulatory reforms making it easier to do
                                                              business in 3 or more of the 10 topics included in this
    Economy                City                 Weight (%)
                                                              year’s aggregate distance to frontier score. Twenty-nine
                           Dhaka                     78
   Bangladesh                                                 economies meet this criterion: Algeria; Azerbaijan;
                           Chittagong                22
                           São Paulo                 61       Bahrain; Belarus; Brazil; Brunei Darussalam; Burkina Faso;
       Brazil
                           Rio de Janeiro            39       Côte d’Ivoire; Georgia; India; Indonesia; Kazakhstan;
                           Shanghai                  55       Kenya; Madagascar; Mali; Mauritania; Morocco; Niger;
      China
                           Beijing                   45       Pakistan; Poland; Senegal; Serbia; Singapore; Thailand;
                           Mumbai                    47       Togo; Uganda; the United Arab Emirates; Uzbekistan and
       India
                           Delhi                     53
                                                              Vanuatu. Second, Doing Business sorts these economies
                           Jakarta                   78
    Indonesia                                                 on the increase in their distance to frontier score from
                           Surabaya                  22
                           Tokyo                     65
                                                              the previous year using comparable data.
      Japan
                           Osaka                     35
                           Mexico City               83       Selecting the economies that implemented regulatory
      Mexico
                           Monterrey                 17       reforms in at least three topics and had the biggest
                           Lagos                     77       improvements in their distance to frontier scores is
      Nigeria
                           Kano                      23       intended to highlight economies with ongoing, broad-
                           Karachi                   65       based reform programs. The improvement in the
     Pakistan
                           Lahore                    35       distance to frontier score is used to identify the top
                           Moscow                    70
Russian Federation                                            improvers because this allows a focus on the absolute
                           St. Petersburg            30
                                                              improvement—in contrast with the relative improvement
                           New York                  60
  United States
                           Los Angeles               40
                                                              shown by a change in rankings—that economies have
                                                              made in their regulatory environment for business.
Source: United Nations, Department of Economic and Social
Affairs, Population Division, World Urbanization Prospects,
2014 Revision. http://esa.un.org/unpd/wup/CD-
ROM/Default.aspx.
                                                              Ease of Doing Business ranking
                                                              The ease of doing business ranking ranges from 1 to 190.
Economies that improved the most across 3 or more
                                                              The ranking of economies is determined by sorting the
Doing Business topics in 2015/16
                                                              aggregate distance to frontier scores, rounded to 2
Doing Business 2017 uses a simple method to calculate         decimals.
which economies improved the ease of doing business
  Doing Business 2017             Mali                                                                 107




RESOURCES ON THE DOING BUSINESS WEBSITE
Current features                                       Law library
News on the Doing Business project                     Online collection of business laws and regulations
http://www.doingbusiness.org                           relating to business
                                                       http://www.doingbusiness.org/law-library
Rankings
How economies rank—from 1 to 190                       Contributors
http://www.doingbusiness.org/rankings                  More than 12,500 specialists in 190 economies who
                                                       participate in Doing Business
Data                                                   http://www.doingbusiness.org/contributors/doing-
All the data for 190 economies—topic rankings,         business
indicator values, lists of regulatory procedures and
details underlying indicators                          Entrepreneurship data
http://www.doingbusiness.org/data                      Data on business density (number of newly
                                                       registered companies per 1,000 working-age
Reports                                                people) for 136 economies
Access to Doing Business reports as well as            http://www.doingbusiness.org/data/exploretopics/ent
subnational and regional reports, case studies and     repreneurship
customized economy and regional profiles
http://www.doingbusiness.org/reports                   Distance to frontier
                                                       Data benchmarking 190 economies to the frontier in
Methodology                                            regulatory practice and a distance to frontier
The methodologies and research papers underlying       calculator
Doing Business                                         http://www.doingbusiness.org/data/distance-to-
http://www.doingbusiness.org/methodology               frontier

Research                                               Information on good practices
Abstracts of papers on Doing Business topics and       Showing where the many good practices identified
related policy issues                                  by Doing Business have been adopted
http://www.doingbusiness.org/research                  http://www.doingbusiness.org/data/good-practice

Doing Business reforms
Short summaries of DB2017 business regulation
reforms and lists of reforms since DB2008
http://www.doingbusiness.org/reforms

Historical data
Customized data sets since DB2004
http://www.doingbusiness.org/custom-query
Doing Business 2017   Mali   108