1. General Policy Framework

Despite virtual full employment and one of the European Community (EC)'s highest growth rates in recent years (an estimated 4.3 percent average from 1986 through 1991), the Portuguese economy is still characterized by structural imbalances and low general development. Labor productivity is considerably lower than that of other EC countries, particularly in the agricultural sector, and wide gaps separate upper socio-economic groups from those at the bottom. Contrasts are marked also between the more developed and industrialized coastal regions and the rural hinterland, as well as between modern and traditional economic sectors. The most important manufacturing sector is textiles and apparel, responsible for about one third of total manufacturing employment and about 30 percent of total Portuguese exports. The external trade of this increasingly open economy is conducted mostly (about 74 percent) with other EC member countries.

Medium term economic policy has the objective of approaching EC average development levels. Its principal goals are modernization of the Portuguese economy and preparation for the European economic and monetary union (and particularly for the European Single Market of 1993), by increasing productivity and external competitiveness, and by upgrading quality standards.

The main macroeconomic problem is a high inflation rate (which at 12 percent is triple the average of members of the European Monetary System Exchange Rate Mechanism (ERM). Other problems include: a chronic trade deficit (compensated by substantial foreign capital inflows and emigrant remittances) and a significant fiscal deficit.

To cool the economy, overheated by demand and foreign capital inflows, the Government has relied on a restrictive monetary policy, while fiscal policy has tended to accommodate inflation. The fiscal deficit is mainly due to public debt interest repayments, a large bureaucracy, increased civil service salaries, and infrastructure investments (mostly as counterpart of EC financing). To date, monetary control measures and commercial lending interest rates ten points above the inflation rate have proved ineffective in bringing inflation down to targeted figures.

The combined effects of slower growth internationally and the appreciation of the escudo, have led to a stagnation of Portuguese exports in 1991. As a result, textiles and other export oriented industries are experiencing increased unemployment and in some cases actual bankruptcies. Prime Minister Cavaco Silva's party won a renewed absolute majority in the October 1991 general election. Although Cavaco Silva reappointed most of his cabinet, many observers expect tighter fiscal policy and a deepening of structural reforms as Portugal prepares for increased integration with its EC partners.

2. Exchange Rate Policies

For many years the exchange rate policy was used as a means to maintain export competitiveness. The policy was changed in October 1990 in order to simulate the future entry of the escudo in the ERM. The rate is now keyed to a basket of five major European currencies. The Bank of Portugal (central bank) repeatedly intervened on the exchange markets during the September 1990 to August 1991 period to limit the appreciation of the escudo against main European currencies to three percent.

The timing of the entry of the escudo into the ERM has been a key issue in economic policy debate. For the time being, policymakers consider that the current inflation differential vis-a-vis ERM member countries prevents such a move, because a significant part of Portuguese industry would not survive enhanced competition. This makes inflation reduction the highest priority on the economic policy agenda.

3. Structural Policies

Portuguese economic structures are being liberalized in order to modernize the country and to approach EC standards. A program of privatization of State-owned industrial and financial firms is being undertaken with the goal of reducing the size of the public sector. The backward and decapitalized agricultural sector, where markets have seldom played an important role, is being submitted to important changes and challenges. Portuguese agriculture is increasingly governed by EC Common Agricultural Policy rules which has led to increased agricultural imports from EC partners. EC structural funds are available for investments by more progressive farmers.

In order to help Portugal narrow its overall development lag vis-a-vis other EC countries and reduce structural imbalances, several major European Community assistance programs were designed for Portuguese agriculture, industry, commerce, regional development and education. These programs are financed by EC structural funds and require significant Portuguese counterpart funding. In 1991, EC structural funds totaled almost two billion dollars or 1.8 percent of GDP.

4. Debt Management Policies

External debt is decreasing in both absolute and relative terms. In 1985, outstanding external debt totaled almost 17 billion dollars or 80 percent of GDP. By June 1991, external debt was reduced to slightly more than 15 billion dollars or approximately 22 percent of GDP. Most of this is medium and long term debt owed by the Government and public companies. Government policy is to prepay as much external debt as possible and transfer it to the domestic monetary market. Monetary authorities have taken steps to discourage domestic companies from utilizing external credits which are attractive due to much lower interest rates. These measures have enjoyed limited success.

5. Significant Barriers to U.S. Exports

As a result of Portuguese membership in the European Community in 1986, the economy has experienced rapid liberalization and restructuring. Under the terms of EC accession, Portugal agreed to a seven-year transition period, ending in December 1992, after which all barriers to trade, capital flows, and labor mobility to EC partners are to be eliminated. Portugal has only a few remaining quantitative restrictions applied to the following products: articles of rubber, paper and paperboard; special fabrics and nets; parts of footwear; iron and steel tubes and pipes; weaving machines and parts; and certain electrical goods such as fuses, plugs, lampholders and switches. Import quotas also apply to automobiles. Specific import levels are reviewed annually.

Since the re-opening of the banking system to the private sector in 1984, the Portuguese financial system has been rapidly moving towards greater liberalization and deregulation. Several foreign banks, including three U.S. banks, operate in Portugal. For the most part, U.S. banks report that they receive national treatment with their domestic competitors. In order to expand an existing network, all banks must obtain prior Central Bank approval and meet some negotiated requirements.

Since 1985, the insurance business has been open to the private sector and several local and foreign companies, including three U.S. companies, share the market. State-owned insurance firms are being privatized on a case-by-case basis.

In transportation, a new law permits Portuguese companies to compete with the state-owned airway company (TAP) on scheduled international flights. Recent reforms also permit concessions for private railway operation.

Private participation is restricted or excluded in certain sectors. These are: water, sewage, postal, main trunkline telecommunication and harbors.

The Portuguese Quality Institute (IPQ) establishes national standards and implements EC directives. The National Laboratory of Civil Engineering (LNEC) is responsible for construction standards in coordination with IPQ. The Portuguese Communications Institute (ICP) sets standards for telecommunications products.

Portugal follows EC safety regulations regarding low voltage electrical and electronic equipment. To import these products Portuguese regulations require the presentation of a certificate of conformity from the manufacturer, identifying the manufacturer, the importer and the equipment. It should also state that the equipment meets requirements set forth by EC Directive No. 73/23/EEC. Product labeling includes the applicable International Electrical Commission standards and certifications.

Imported textiles, apparel and leather goods must carry a mark or label identifying country of origin. Textile products and apparel made from a combination of fibers must identify composition by percentage of content on the label. Since 1990 labeling on detergents and cleansing products must specify composition by percentage of its contents.

Foreign direct investment in Portugal has risen dramatically due to the fact that it is an EC member and certain projects receive incentives financed by special EC grants. Foreign investments have access to all the incentives provided for in Portuguese legislation but must legally incorporate in Portugal first. Foreign investors can own up to 100 percent of an entity and are allowed to establish themselves in all economic sectors open to the private sector. Ownership restrictions apply only to activities in the controlled sectors or in some newly privatized enterprises which limit foreign participation. Priority areas for investment, especially hi-tech activities, receive preferential financial and tax treatment.

Legislation covering government procurement makes no distinction based on nationality or source of goods and services. Portuguese government procurement follows EC directives. However, Portugal has not yet submitted to the GATT a list of agencies covered by the code. Tenders are announced in the EC journal, in the Portuguese Government's Official Gazette and in the two daily newspapers with largest circulation. All terms and conditions are included in the announcements and bidders receive adequate time to express interest. Bids from all participants meeting the established conditions are accepted. Official international tenders do not distinguish between foreign and domestic suppliers. The Portuguese Government claims that it does not require offset offers and tender documents do not include such requirements either. However, particularly in the procurement of defense equipment, offset offerings exist. The Portuguese Government claims they are unsolicited offers initiated by suppliers.

Both freely imported goods and goods subject to import restrictions require an import declaration necessary for tax purposes (imposed on CIF value of all imports). Goods subject to import restrictions need an import license which is usually granted in about 24 hours.

6. Export Subsidies Policies

Portugal does not have a program designed to subsidize exports. Current Government support for some public firms, which might be considered a form of indirect export subsidization, is primarily designed to assist these firms either in restructuring to make them attractive for privatization or to cover operating losses of some high priority public service companies. Some indirect export subsidization may also occur through the utilization of EC grants intended to modernize selected Portuguese industries. Agricultural products also continue to receive some EC subsidies related to the Common Agricultural Policy.

7. Protection of U.S. Intellectual Property

Portugal is a member of the World Intellectual Property Organization and is a party to the Bern and Universal Copyright Conventions and the Paris Convention for the Protection of Industrial Property. Portugal grants intellectual property protection to domestic and foreign firms and favors negotiation of strong international enforcement in the GATT Uruguay Round.

Patents are granted for 15 years and are not renewable. Enforcement is sometimes weak, but the Government is concerned about violations. In 1991, Portugal enacted patent protection for chemical products, pharmaceuticals, and foodstuffs. Portugal's Patent Law also contains compulsory licensing provisions for insufficient use.

Trademarks are granted for 10 years and are renewable. Duration of copyright is life-of-the-author plus 50 years. Computer programs are not explicitly protected under copyright. The Government has taken measures to prevent unauthorized copying of video and audio cassettes and software. Nevertheless, illegal, small-scale copying is fairly widespread.

8. Worker Rights

a. The Right of Association

The Constitution ensures the right to establish unions by profession and industry and this right is respected in practice. There are two principal labor confederations, the democratic General Union of Labor (UGT), and the Communist-led Confederation of Portuguese Labor (CGTP-IN), as well as a recently organized grouping of non-affiliated unions, the Independent Labor Convention (CSI). Unions function without government interference and exercise their right to strike freely and often.

b. The Right to Organize and Bargain Collectively

Unions are free to organize without government or employer interference. Collective bargaining is guaranteed by the Constitution and practiced extensively in the public and private sectors. When collective bargaining disputes lead to prolonged strike action in key sectors (for example, health and transportation), the Government is empowered to order the workers back to work for a specific period. The Government has rarely done so in practice. When collective bargaining fails, the Government, at the request of either management or labor, may appoint a mediator. Union officials and members are protected by law against antiunion discrimination, and this law is observed in practice.

c. Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is prohibited and does not exist in Portugal.

d. Minimum Age for the Employment of Children

By statute, children under the age of 15 may not work. Minimum age for employment laws are generally respected in practice, but there are reports of abuses in the textile and shoe industries.

e. Acceptable Conditions of Work

Differentiated national minimum wage levels are set. The statutory maximum workweek is 44 hours. Workers are guaranteed 15 days of paid leave per year. Compliance with these regulations by employers is good and is monitored by regional inspectors of the Employment and Social Security Ministry. Employers are legally required to carry accident insurance and are responsible for accidents at work. Legislation concerning safety and health is considered inadequate by unions. The General Inspectorate for Labor lacks sufficient funds and inspectors to enforce existing laws effectively, and the ability of workers to remove themselves from hazardous situations is limited.

f. Rights in Sectors with U.S. Investment

U.S. capital investment is significant in the following goods-producing sectors: chemicals and related products; electric and electronic equipment; transportation equipment; and personal care products. The rights afforded workers in firms in these sectors are essentially the same as the rights afforded workers in other firms and/or sectors.

Source: National Trade Data Bank, Agency: U.S. Department of State