Illegal Aircraft in China Airspace?

August 17th, 2010

On a recent summer’s evening, a shimmering metallic object appeared in the skies above the city of Hangzhou in eastern China. Gliding across the dusky sky, the craft startled locals and frightened air-traffic controllers, who promptly closed Hangzhou’s busy airport and locked down the city’s airspace for more than an hour. News of the Hangzhou UFO even made the national news.

But when amateur pictures of the craft were splashed across Chinese newspapers the following morning, experts quickly determined that Hangzhou was not under threat of an imminent alien invasion. Rather, the flying object was identified as most likely being another example of an increasingly common nuisance in China’s airspace: off-the-grid, short-hop flights by local private-plane owners. China’s airspace is tightly controlled by the government, and access for any crafts other than commercial or military aircraft is strictly limited. But as planes and helicopters become the new playthings of China’s wealthy elite, private-plane owners are agitating for more freedom to fly, and hei fei, or black flights, are becoming a headache for the nation’s air-traffic controllers.

It was not until 2003, when the General Aviation Flight Control Ordinance was issued, that Chinese individuals and private companies were even allowed to own private aircraft. China now has about 200 aircraft in private hands, according to some estimates – impossibly low when compared to the U.S., where the General Aviation Manufacturers Association estimates that there are some 231,000 privately owned airplanes. How many of China’s private fleet are airborne on a regular basis remains unclear. Currently, private-aircraft owners need to jump through a myriad of regulatory hoops if they want to fly their planes or helicopters. Would-be flyers need to apply to several different local and national ministries and departments to get the appropriate licenses and must submit detailed flight plans to the local air-traffic-control department at least seven working days in advance.

Rather than wade through this bureaucratic minefield, some simply choose to fly “off the grid” and not submit flight plans or check in with nearby air-traffic controllers before taking off. Though it’s illegal, flying under the radar has a distinct advantage: according to China’s civil-aviation laws, the fine for illegal flying is 10,000 to 100,000 renminbi, while an application for official flight-path approval can cost anywhere from 50,000 100,000 renminbi. Many choose to simply pay the fine, but their flights can cause pandemonium when the planes crop up on airport radar screens. In April, some flights into Shanghai were briefly diverted to other nearby cities when an unregistered helicopter strayed into the city’s airspace.

In a country that had 1,900 billionaires last year, aircraft makers and sellers are betting on private flying taking off. This week at Shanghai’s Hongqiao Airport, the country’s first Jet Expo gets under way, showcasing 10 private jets worth a total of 1 billion renminbi. “There are two kinds of people who come to our exhibition – people who are fond of flying, and very wealthy men,” says Wei Gong, the director of the Asia-Pacific area of Celink Limited, the organizer of the Jet Expo. “We have a cocktail party in the evening where we’ve invited 80 people with a net worth of more than $50 million to attend.” (See 20 reasons to hate the airlines.)

But as the market grows, so does pressure to relax regulations on private flights, and there are signs that the government is starting to respond. Owners of larger jet planes, for example, need only submit their flight plan 24 hours in advance – as opposed to weeks in advance for smaller craft like single-engine planes. In Guangdong province and certain areas of the northeast, local governments have allowed single-engine planes to fly at low altitudes. Analysts – and people in the aviation business – believe that such test schemes presage a larger-scale opening of airspace sooner rather than later. “[Restrictions on airspace] have very little impact on our business, because everybody sees that the government is trying to loosen their control over the airspace,” Gong says. He’s advising potential customers to buy now so that they’ll be ready when the regulations are relaxed. “It takes at least half a year from the time you order your plane to delivery. So maybe in six months, the policy will be changed already, and private planes can fly without too much hassle.”

Plane owners in the meantime are working to improve their image as wealthy flyboys who ignore the rules. In July, Liu Boquan, a prominent hotel owner in Dongguan, garnered plenty of praise – and plenty of headlines – when he took to the skies in his helicopter to apprehend a band of thieves. The bandits had apparently made off with his Porsche, but Liu was able to track them from his chopper, cornering them at a nearby fish farm – where, in a Bond-esque plot twist, one made a getaway and Liu took to his speedboat to round him up. Using his helicopter may have been a hei fei, but even the local government had to acknowledge that Liu’s illegal flight was not without benefit. He was later given an award for outstanding behavior for his role in capturing the thieves.

From: http://news.yahoo.com/s/time/20100817/wl_time/08599201092000

How to setup WFOE in China

June 22nd, 2010

This post focuses on the forming of a Wholly Foreign Owned Entity (WFOE) in China. We are starting with this type of entity because it is the one we do most often.

The steps for forming a WFOE in China typically consist of the following:

1. Determine if the proposed WFOE will conduct a business approved for foreign investment by the Chinese government. For example, until recently, China prohibited private entities from engaging in export trade. All export trade was handled through certain large, state owned trading companies.

China recently abandoned this system, and now both foreign and domestic companies can set up trading companies. Restrictions on export oriented trading companies have essentially been eliminated, but there are still controls on import oriented trading companies that can increase expense and raise costs. Because these rules were only recently changed, the local regulators who must approve these projects do not have a great deal of experience with the attendant issues. This can lead to some delay in the approval process. It also results in an extremely cautious approach towards adequate capitalization even for export oriented trading companies. I discuss capitalization requirements in greater detail below.

2. Determine if the foreign investor is an approved investor. Basically, any legally formed foreign business entity is authorized to invest in a WFOE in China. China especially welcomes investment that promotes the export of Chinese manufactured products. The investor must provide the documentation from its home country proving it is a duly formed and validly existing corporation, along with evidence showing the person from the investor who is authorized to execute documents on behalf of the investor. The investor also must provide documentation demonstrating its capital adequacy in its country of incorporation.

To meet these requirements, the following documents are normally needed from the investing business entity:

a. Articles of Incorporation or equivalent (copy)

b. Business license, both national and local (if any) (copies)

c. Certificate of Status (Original)(U.S. and Canada) or a notarized copy of the Corporate Register for the investor or similar document (original)(Civil Law jurisdictions)

d. Bank Letter attesting to sound banking relationship and account status of the company (original).

e. Description of the investor’s business activities, together with added materials such as an annual report, brochures, website, etc.

a-d are translated into Chinese. e is either translated into Chinese or summarized in Chinese.

Many investors created special purpose companies to serve as the investor in China . The Chinese regulators have become accustomed to this process. However, the Chinese regulators will still seek to trace the ownership of the foreign investor back to a viable, operating business enterprise. Investor secrecy is not an option in China. However, the corporate register for the Chinese company will merely state the name of the foreign, special entity investing company as the owner. In that sense, as far as public disclosure is concerned, the investor privacy can be maintained. The foreign investor should also understand that this tracing process will add some time and cost to the Chinese company formation process.

3. Chinese government approval for the project. In China, unlike in most countries with which Western companies tend to be familiar, approval of the project by the relevant government authority is an integral part of the incorporation process. If the project is not approved, no incorporation is permitted. The two are inextricably linked.

The following documents must be prepared for incorporation/project approval:

a. Articles of Association. This document will set out all of the details of management and capitalization of the company. Nothing can be left for future determination; all basic company and project issues must be determined in advance and incorporated in the Articles. This includes directors, local management, local address, special rules on scope of authority of local managers, company address, and registered capital.

b. Feasibility Study. The project will not be approved unless the local authorities are convinced it is feasible. This usually requires a basic first year business plan and budget. We typically provide this service with the client and budget to draft up the feasibility study (in Chinese) that will satisfy the requirements of the Chinese approval authority.

c. Leases: An agreement for all required leases must be provided. This includes office space lease and warehouse/factory space lease. It is customary in China to pay rent one year in advance and this must be taken into account in planning a budget because the governmental authorities will be expecting this.

d. Proposed personnel salary and benefit budget. If the specific people who will work for the company have not yet been identified, one must specify the positions and proposed salaries/benefit package. Benefits for employees in China typically range from 32% to 42% of the employee base salary, depending on the location of the business. Foreign employers are held to a strict standard in paying these benefit amounts. The required initial investment includes an amount sufficient to pay salaries for a reasonable period of time during the start up phase of the Chinese company.

e. Any other documentation required for the specific business proposed. The more complex the project, the more documentation that will be required.

All of the above documents must be prepared in Chinese.

4. It usually takes two to five months for governmental approval, depending on the location of the project and its size and scope. Large cities like Shanghai tend to be slower than smaller cities. The investor must pay various incorporation fees, which fees vary depending on the location, the amount of registered capital and any special licenses required for the specific project. Typically, these fees equal a little over 1% of the initial capital.

On large and/or complex projects, the approval process often involves extensive negotiations with various regulatory authorities whose approval is required. For example, a large factory may have serious land use or environmental issues. Thus, the time frame for approval of incorporation is never certain. It depends on the type of project and the location. Foreign investors must be prepared for this uncertainty from the outset.

Wholly Foreign Owned Enterprise in China

June 15th, 2010

The Wholly Foreign Owned Enterprise (WFOE) is a Limited liability company wholly owned by the foreign investor(s). In China, WFOEs were originally conceived for encouraged manufacturing activities that were either export orientated or introduced advanced technology. However, with China’s entry into the WTO, these conditions were gradually abolished and the WFOE is increasingly being used for service providers such as a variety of consulting and management services, software development and trading as well.

The registered capital of a Wholly Foreign Owned Enterprise (WFOE) should be subscribed and contributed solely by foreign investor(s). A WFOE does not include branches established in China by foreign enterprises and other foreign economic organizations. The Chinese Laws on WFOE do not have a clear definition of the term of “branches”. The term of “branches” should include both the branch companies engaged in operational activities and representative offices, which are generally not engaged in direct business activities. Therefore, branches and representative offices set up by foreign enterprises are not WFOE.
Different types of WFOE

Following are different types of WFOE. Commonly,

1. If the WFOE only be allowed to manufacture here. we can say it’s manufacture WFOE.
2. If the WFOE is allowed to do Consultancy & Service, we call them Consultancy Service WFOE.
3. If the WFOE is allowed to do Trading, Wholesale, Retail or Franchise in China, we call them Trading WFOE or FICE (Foreign-Invested Commercial Enterprise), you can check “FICE Registration” on the right menu for more information and details about FICE.

Advantages of WFOE

The advantages of establishing a WFOE, compared with other types of enterprises, include, but not limited to:

1. Independence and freedom to implement the worldwide strategies of its parent company without having to consider the involvement of the Chinese partner;
2. Ability to formally carry out business rather than just function as a representative office and being able to issue invoices to their customers in RMB and receive revenues in RMB;
3. Capability of converting RMB profits to US dollars for remittance to its parent company outside of China;
4. Protection of intellectual know-how and technology;
5. No requirement for Import / Export license for its own products;
6. Full control of human resources
7. Greater efficiency in operations, management and future development.
8. newTo set up a WFOE, Investor doesn’t have to be established it’s business overseas for more than 2 years while Representative office’s parent company is required to have the parent company been established over 2 years.

Business scope

One of the most important issues in WFOE application is business scope. Business scope needs to be defined and the WFOE can only conduct business within its approved business scope, which ultimately appears on the business license. Any amendments to the business scope require further application and approval. Inevitably, there is a negotiation with the approval authorities to approve as broad a business scope as is permitted. Generally business scope includes investment consulting, international economic consulting, trade information consulting, marketing and promotion consulting, corporate management consulting, technology consulting, manufacturing, etc. With China’s entry into WTO, more and more business is open to WFOE especially in Trading, Wholesale and Retail business.

Think Global…

April 30th, 2010

Though “Think Global, Act Local” may be a well-worn cliché of international-focused businesses everywhere, it has been a pretty successful operating mantra for DDS Wireless International Inc. over the past 20-plus years.

The Richmond, British Columbia-based provider of wireless fleet management systems for taxi, limousine and other mobile fleet operators counts on foreign markets to generate 90% of its annual revenue thanks to its local, hands-on approach.

“Predominately our offices in foreign countries are staffed with local personnel,” says Jim Zadra, chief financial officer of DDS Wireless. “Making that investment in the local presence, having people on the ground that really understand the customers, the business practices, the market needs, is very important.”

DDS has offices in seven countries and nearly one-half of its 200 employees are located outside of Canada. “It does have its challenges,” says the CFO. “What it takes is a lot of patience and investment in building a presence. We built up that global sales and distribution/customer service infrastructure and we have built up the expertise of being able to work effectively in the key markets which we serve.”

Having home-grown staff in key sales, customer support and technical positions is a key value proposition for DDS’s foreign customers because fleet operators are typically entering into long-term contracts. “We have long-standing relationships, we don’t sell our customers a system and walk away,” explains Mr. Zadra. “The customers will continue to buy new product from us, upgrade their systems, so it is really important to have good, strong – not only sales – but customer support on the ground.”

The largest operating company, Digital Dispatch Systems, commands a 60% share of the world market in large taxi fleets with over 75,000 mobile data terminals and 200 mobile data systems installed in fleets rolling across seven countries and four continents. Recently, DDS has begun concentrating on smaller fleet operators, which has pushed its customer count to nearly 500. Besides Canada, the company has sales and support offices in the United States, United Kingdom, Sweden, Finland, India and Singapore. More than half of the company’s annual sales is truly overseas and comes from beyond North America.

Rather than being a hindrance, the company has found that its Canadian DNA is a plus when going up against systems rivals from the U.S. and Europe, says Mr. Zadra. “I think we as Canadians have almost a natural advantage when dealing in foreign markets because our local market is so small. The reality for Canadians is if you want to build a $100-million-plus company, particularly in technology, you really have to do it by going into foreign markets.”

Beyond a business mindset that is “naturally outwardly focused,” he counts as advantages the “culturally diverse” and “culturally aware” mosaic of a country that has attracted immigrants from all points on the globe. “Going into foreign markets, those attributes of Canadians are well recognized and that gives us an advantage when dealing with those foreign customers.”

For SMEs which are plotting to conquer foreign business markets, Mr. Zadra urges them to adopt the think global, act local approach. “It is not an easy undertaking and requires a lot of patience, flexibility and investment…but I think it is important long term to be successful,” he says.

Read more: http://www.financialpost.com/small-business/global-expansion/story.html?id=2910407#ixzz0mblZ6SDK

Top Asia Investors?

April 26th, 2010

Thailand ranked first among country investors into Burma in the 10 years up to 2008, mainly is energy businesses, ahead of Britain and Singapore who apparently take second and third place

Wassana Mututanond, Thailand’s Board of Investment (BoI) investment advisor said Thailand had invested US$7.41 billion in Burma between 1988 and last year, making it the top investor in Burma in terms of investment value, according to a report on the Thai News Agency website on Friday.

The greatest proportion of investment in Burma by Thailand was in the energy (electricity) sector at 81.7 per cent of total investment, with 8.33 per cent spent on the manufacturing industry and 3.1 per cent in the hotels and tourism.

“Industries that give Thai investors opportunities to invest in Myanmar include agriculture, processed foods, leather, precious stones and mining, and tourism,” She added.

The BoI would conduct 13 events and activities locally and overseas in this fiscal year, she said, it would: provide information; consulting services; help form a state- and private-sector network; and set a forum for “business matching”.

Thailand has major natural-gas development deals with Burma in the Andaman Sea in addition to hydroelectric dam projects. China is a joint developer on the latter.

Human rights groups have urged the Thai government to delay its mega-dam projects in Burma, and to play a stronger role within Asean to urge the Burmese junta to move towards democracy and human rights.

Samart Loifa, Tak province governor told a trading conference on Tuesday the province had plans to develop a route from Mae Sot, through Myawaddy and Moulmein to Rangoon which he claimed would benefit manufacturing investment, agricultural business and tourism.

Trading at the Mae Sot-Myawaddy border crossing had risen 49 per cent year to date compared with the same period last year, according to Mae Sot customs office director Pimkarn Lorsiripaibooon.

She added that in the first four months the total trade across this border was estimated at more than 10 billion baht (US$300 million).

Asian friend or foe to Canadian?

April 19th, 2010

Canadians believe closer engagement with Asia is necessary for this country’s future prosperity, even as they remain guarded about some aspects of our ties with the region. They recognize the strength of Asia as the world emerges from recession, and believe business and government need to focus attention on the region, according to the results of a national opinion poll released today by the Asia Pacific Foundation of Canada. But Canadians are not sure about embracing China, even as they acknowledge its growing power.

Some 62% of poll respondents believe Asian economies are vital to the well-being of Canada and 63% feel the relative strength of Asian economies during the recession underscores the importance of Canadian companies being involved in the region. Despite this, Canadians do not see this country as part of the Asia Pacific. Nationally, only 29% consider Canada to be part of the region, down from 33% two years ago (and down even more from the 39% in a similar poll in 2006). However, there are wide regional variations, moving from West to East. In B.C., 49% situate the country in Asia Pacific, slipping to 32% in Alberta and then between 24% and 26% in the rest of the country.

The opinion poll, Canadian Views on Asia, is the fourth in a biennial series undertaken by the national not-for-profit think-tank tracking the evolving views of Canadians on various aspects of Canada’s involvement with Asia.

Commenting on the findings, APF Canada President and CEO, Yuen Pau Woo, said Canadians have begun to embrace the Pacific Century and what it means for Canada. “The global downturn showed that the long forecast shift in economic strength toward Asia is now a reality. Canadians recognize that strong economic growth in countries like China and India helped to dampen the impact of the recession. This has led to greater awareness of the importance of Asia for Canada, today and in the future,” he added. “However, we still have some way to go. Canadians are clearly ambivalent about the broader implications of the new role of Asia, and of the need to adapt to it.”

This is shown in the response to a question about placing more emphasis on teaching about Asia and Asian languages in the education system. Nationally support was just 36%. B.C. respondents were the most supportive at 46%, and Quebecers least in favour at 25%. However, support for more Asian content in the education system in Atlantic Canada was well above the national average at 43%.

Several responses in the survey show many Canadians have reservations in their attitude toward China. Nationally 48% see its rise as an economic power as an opportunity for Canada, rather than a threat and 60% believe that in 10 years China’s influence in the world will be greater than that of the US. Still, the majority – 58% – see China’s growing military power as a regional threat.

Other attitudes about China are also negative. Only 18% of respondents would feel comfortable with a company controlled by the Chinese government taking the reins of a major Canadian company, with Ontarians even less comfortable at 14%. (Nationally, there was almost as much distrust of Singapore, with only 20% accepting a government-controlled investment.) On the other hand Ontarians (53%) and all Canadians (52%) would be comfortable with a British government-controlled company making the same investment. Support for a US government entity doing the same thing was lower nationwide at 41%.

The objection seems to be over Asian government control of the investment, as 59% of respondents believe Canada would benefit from more Asian investment generally, the same level as in 2008. And 65% think the Canadian government should promote greater Canadian investment in Asia, up a little from 2008.

Canadians see in India, the other emerging Asian economic power, potential opportunity, with much less threat than China, either economically or militarily. At the same time they do not believe that emerging India is as important to Canada’s prosperity as China, or Japan or even Southeast Asia.

One interesting finding from the poll is that Canadians have become more inward-looking and see economic ties with all our major trade partners as less important to our prosperity in the wake of the global recession. They believe our prosperity is much less dependent on other major countries than they did when a similar poll was taken two years ago, just before the recession began. While 79% still believe the US is important to Canada’s prosperity, this is down significantly from 89% before the recession. At the same time, the belief in the importance of China to Canada dropped from 78% to 63%, while similar though generally smaller declines were registered by Japan, the EU, India, Southeast Asia and Latin America.

The survey was conducted online on behalf of APF Canada by Angus Reid Public Opinion between March 3 and 10, 2010. 2,903 responses were received for an estimated margin of error of plus or minus 1.8% 19 times out of 20. The results were weighted by geography, gender and age according to the latest census data of Statistics Canada.

The 2010 National Opinion Poll of the Asia Pacific Foundation of Canada is supported in part through the Atlantic Canada Opportunities Agency’s Atlantic Policy Research Initiative, and by contributions from the Government of British Columbia, Ministry of Small Business, Technology and Economic Development and Western Economic Diversification Canada.

Protectionism vs Liberalism – Aviation Industry

April 16th, 2010

Last month the United Arab Emirates upped the ante in a battle over market access to Canada for its national airlines, Emirates and Etihad. By introducing the issue of Canada’s military bases into the aviation bilateral argument, the UAE hardly used a new tactic in this age old and archaic industry. Aviation is so close to national economic interests that it raises all sorts of sensitivities which seem bizarre to outsiders – perhaps because they are exactly that.

Canada and its flag carrier, Air Canada predictably responded with shock and horror, insisting that a restrictive aviation policy was in the national interest. Moreover, it said, admitting these government-owned airlines would be unfair and disastrous for Air Canada. Meanwhile consultants, Intervistas, had produced a report suggesting that Canada was missing out on a potential CAD480 million in economic benefits if Emirates Airline were prevented from expanding. This review examines some of the arguments raised in favour of the status quo, suggesting that the Canadian government is, like King Canute, seeking to hold back the tide of consumer-driven air travel policy. It questions if this approach is in Canada’s – or even Air Canada’s – best interests.
Some parallels between Canada and Australia

Australia offers a useful comparison with Canada as an aviation (and tourism) market. The two countries have a roughly comparable airline system, equally widely spread across a large land mass, albeit Australia has a considerably smaller population.

There are other parallels. Like Canada, one of the country’s two major legacy airlines collapsed about a decade ago (Ansett Airlines, which was bankrupted shortly after the failing Canadian Airlines was folded into Air Canada).

Today Australia enjoys service from Qantas, a successful full service airline with an equally successful low cost subsidiary, Jetstar; at home it competes mainly with the evolving LCC/”new world carrier”, Virgin Blue.

Canada now has a similar major airline profile, with Air Canada, its Jazz subsidiary and a gradually evolving WestJet, which, like Virgin Blue, moved in to fill part of the gap left by the failed legacy airline.

Another LCC also operates in the Australian domestic market: foreign-owned Tiger Airways, allowed in, as foreign-owned Virgin Blue had been, under Australia’s relaxed ownership rules. All are profitable, although recently arrived Tiger is still establishing.

There are however some major differences: Qantas’ low cost subsidiary also operates internationally, as does Virgin Blue, under the Pacific Blue and V Australia brands.

Also, unlike Canada, Australia’s liberal entry regime means it enjoys a very high level of competing international service – not only to the main gateway, Sydney, but also to several other smaller cities.

And again, by contrast with Canada, Australia has not needed to bail out a failing national airline. Although Qantas went close to privatisation (ie delisting and purchase by private equity) in 2008 – which could have led to a potentially fatal debt burden and divestment of its best assets, as happened with Air Canada – it remains intact as a single group entity.

This has proved vital to its continued profitability, as the full service international airline part of the group has stumbled since premium traffic dried up in 2009. But Qantas’ frequent flyer programme is generating hundreds of millions of dollars in profits, as is Jetstar.
The role of UAE airlines in Australia

Another big difference is the role of Gulf airlines in Australia’s international market. Not only Emirates Airline, but also Etihad and Qatar Airways operate there. And the UAE carriers don’t just operate to one Australian port.

Emirates flies to Sydney (three times daily), to Melbourne (three times daily), to Brisbane (twice daily) and to Perth (twice daily). Several of these services also extend across to New Zealand and return, where, apart from passengers, the carrier uplifts good loads of freight which had been stranded since all other airlines on the very busy three hour sector market went narrow-body.

Then there is Etihad. The other large UAE airline also operates to Sydney (twice daily), to Melbourne (daily) and to Brisbane (daily). Additionally, Qatar Airways operates a daily service to Melbourne.

Between them, they operate almost 40,000 seats weekly into Australia[1]. The bulk of these seats do not carry end-to-end Australia-Gulf passengers (although inbound tourism from the Middle East to Australia is consequently the country’s fastest growing market). Most travel to and from European, other Middle East and African points, as well as carrying New Zealand origin and destination passengers.
Canute-like, Canada stands firm against the forces of change

Canada’s Transport Minister would be shocked with this level of foreign seats invading his country. And this is only a small part of the total “sixth freedom’ airline activity into Australia. Singapore Airlines for one does nearly a quarter of its business carrying Australia-Europe and Asia traffic. Very little of that originates in, or is destined for Singapore. Numerous others also participate in what today is recognised as a legitimate – and valuable – aviation service.

Transport Canada spokesman Patrick Charette last week affirmed that, “officials continuously monitor the Canada-UAE market to ensure it is not underserved, as this would not be in the commercial interest of either country….The rights under the current Canada-UAE air transport agreement meet the market demands of travellers whose origin or final destination is either Canada or the UAE.”

And Air Canada’s pilot union head, Captain Paul Strachan, also adheres to the old aviation trade mantra, maintaining Emirates “has a tactic to break into markets and expand aggressively, but free trade in aviation has to be fair trade. In this instance, it’s a lopsided proposal by Emirates.” (There is actually nothing in the definition of free trade to require that it be “fair”, if that simply means protecting a weaker competitor against a supplier providing a commercially viable service.)[2]

Transport Canada too says there is no seat shortage (on the end-to-end route), and has resorted to use of the ugly old cornerstone of aviation protectionism, saying that the UAE does not offer “reciprocity” – that is, airline reciprocity, meaning basically that each country’s airlines must have the ability to make equal money on the specific route. Reciprocity does not account for consumers, but is a throwback to the bad old days of regulation, which IATA’s CEO and Director General, Giovanni Bisignani, has been fighting so hard to overcome.

Then of course, Air Canada itself is categorical about the need to protect it from the new world of air travel. In a lengthy diatribe directed at Emirates last week, Air Canada CEO, Calin Rovinescu further elaborated this reactionary theme: “Competition for international traffic flows must exist on a level playing field that provides equal opportunities for all. Any trade agreement – and that is what an air bilateral agreement is – must be fair, balanced and mutually beneficial.” What he meant was mutually beneficial for the airlines – not for consumers.

Mr Rovinescu argued that access restrictions “remain for good reasons. The bilateral agreement between Canada and the United Arab Emirates is a case in point. Simply put, the market between Canada and the UAE has not developed to the point where more capacity is warranted. Period. Full stop. There are already more airline seats being flown between Dubai and Canada than there are people to fill them. No adjustments to the Canada-UAE bilateral are warranted at this time and in our view it would be short-sighted on the Canadian Government’s part to yield to the massive lobby effort underway by Emirates and the UAE.”

These are attitudes that fitted comfortably in the 1960s, but they become sadly out of place in the 21st century.
What exactly is Air Canada being protected from?

Even if this were an appropriate stance in a world where everyone else is going in the opposite direction, it is intriguing to examine precisely where the vaguely defined threat to Air Canada exists. What exactly is the flag carrier being protected from?

Mr Rovinescu argues, “What Emirates wants to do is flood the Canadian market with capacity. Its strategy is to scoop up travelers going elsewhere in the world and funnel them through Dubai, further strengthening Dubai as a global flow hub. This would have the effect of severely damaging our hubs in Canada and our network in Europe and elsewhere.”

But there is surely not a lot for the foreign carriers to “scoop up” on Europe services; few passengers will be prepared to backtrack all the way from Dubai to western Europe en route from Canada, so there is hardly any threat of diversion away from Air Canada’s UK and continental European services. More relevant, there are carriers like British Airways, Air France and Lufthansa who all use their hubs to beef up their end-to-end traffic flows (in what Mr Rovinescu might call unfair ways), consolidating traffic and distributing it to and from Canada.

And, beyond the key European gateways, the simple fact is that Air Canada’s network is skeletal at best (and almost all virtual). This helps make Canada one of the more inaccessible (and higher priced) destinations for most travellers. Even more challenging for Canadians and would-be visitors is that there is currently only one global alliance – Star – effectively serving the Canadian market. WestJet is working with Air France and its partners to enhance the SkyTeam presence, but this is still elemental. So most of Air Canada’s European travellers must rely on the Lufthansa network to access European, Indian and Middle East destinations. This is enormously valuable to Lufthansa and its own subsidiaries.
Perhaps the Indian market is threatened – but Air Canada doesn’t fly there

Further east, India might arguably be a market “at risk” from competition from Emirates (and others). But despite Canada’s large Indian expatriate population, there is not even a through service on Air Canada. From Toronto, Air Canada only operates a one-stop daily service to Delhi, relying entirely on Lufthansa and Jet Airways to provide connections (and codeshares), over London, Zurich and Frankfurt. From Montreal, Calgary and Vancouver, service is so limited that Air Canada’s own schedule does not bother even to list connections.

Yet, in 2008 there were around 350,000 passengers flying roundtrip between India and Canada[3] – some 2,000 pax daily on average, meaning that in peak periods this could be a lucrative trade for airlines, given the limited capacity. But Air Canada’s own metal only flies across the Atlantic to primary European gateways. So, much of the benefit of all this flow would be to the Canadian carrier’s codeshare partners, as it is on all of the European connections, as well as to other European competitors.

Beyond a handful of gateways, Air Canada is essentially a virtual airline, codesharing widely. Canada’s Indian-origin inhabitants might see some reason to support additional service to the subcontinent – not to mention the potential for enhanced inbound tourism.
The future Vancouver “hub”: a promising future?

When Canadian Airlines folded, it hurt Vancouver badly. For decades a “spheres of influence” strategy had applied, where the Vancouver-based airline was awarded the bulk of (the then less valuable) Asia Pacific routes and Air Canada dominated Europe and the rest of the world. So, predictably when Air Canada took the smaller airline over, the gravitas shifted back east. Toronto is still today the centre of the world for the Canadian flag.

This was cause for western Canada’s dissatisfaction with Ottawa and Air Canada, also opening the way for WestJet to establish and flourish locally, eventually spreading across the country. But today, even for Asian points, Toronto remains very much Canada’s hub. Vancouver is therefore a delicate issue for Air Canada. It needs to humour the airport and the local commercial interests, while recognising that its clear economic priority has to be to bed down in Toronto.

From Vancouver too, as with the eastbound routes, it is hard to see exactly how Emirates and others directly threaten Air Canada, or even its partners, heading west into Asia. The carrier has chosen to consolidate its operations on Toronto, reflecting the economics of a lower yielding Vancouver gateway and the value of focussing on a single hub. Air Canada simply doesn’t have the scale to manage two major airport hubs at this stage. So the argument against Emirates had to be more carefully constructed for Vancouver consumption.

The result was intriguing, Mr Rovinescu’s combination of a vision for a joyous future under threat, combining – without a hint of irony – a suggestion that Air Canada could “scoop up (US) travellers going elsewhere in the world and funnel them through (Vancouver)” – to adopt the CEO’s own words, used so disapprovingly against the UAE airlines.

(i) Vancouver’s endangered future: According to the Air Canada CEO, “the longer term impact (of open entry) is devastating and could have the effect of restricting or even marginalizing Vancouver as a hub. When an international carrier dumps seats into a market like Canada, it becomes harder for Canadian airlines to operate internationally. Ultimately, this translates into less economic activity, fewer jobs and fewer routes served. While its argument may be seductive, what Emirates’ strategy will do is constrain the growth of Canadian airports by turning them from hubs into stubs at the end of a spoke that leads only to Emirates’ hub in Dubai.”

This led into the next step, Vancouver’s imminent role as a transfer hub for US traffic.

(ii) “Scooping up” some US traffic: After an imaginative comparison with Vancouver’s potential to emulate Atlanta and Dallas-Fort Worth’s hub roles, Mr Rovinescu pointed out the great opportunity which might exist: “the fact remains, Vancouver has an opportunity to attract substantially more global flow traffic….I believe we can connect a lot more U.S.-Asia traffic through Vancouver. At present, we have about 34 per cent of the Canada-Asia market, so we are getting our share domestically. But of course, in North America the far, far larger market is between the U.S. and Asia, where our share is only one per cent. By winning only a couple of extra percentage points of market share on these routes we could connect a million more passengers through Vancouver’s airport, ensuring Vancouver’s hub status.”

That “only a couple of extra percentage points” is drawing a long bow, given that Air Canada currently only operates three times weekly to Beijing and four times weekly to Shanghai from Vancouver. These are to increase to daily later this year, as Air Canada is “betting significantly on the rebound of business and leisure traffic to and from Vancouver.”

There are also dailies to Hong Kong, Seoul and Tokyo.

A lot more movement will be needed to make Vancouver a compelling hub for the US – meanwhile without undermining Air Canada’s Toronto hub. What Mr Rovinescu didn’t say was that the “34 per cent of the Canada-Asia market” was heavily biased towards Toronto travel, with no clear intent to expand Vancouver’s ex-Canada share.
Canada’s aviation strategy. Like a moose caught in the headlights

Last year, faced with the quandary of an airline that was “too-big-to-fail”, the government stepped in to prevent a second bankruptcy in five years for Air Canada. The political fallout of large job losses, at the depths of the 2009 recession and with the Vancouver Olympic Games just around the corner, was clearly too big a risk for a fragile government to confront.

The effect of the bailout, involving substantial taxpayer-funded loans (considered even then as high risk), was to save Air Canada. This has left the company with a large debt overhang – although it was able to raise CAD260 million in an equity issue later in the year. Part of the mid-year deal required a reconciliation with unions, who were pushed to agree significant cuts, narrowly and skillfully achieved by Mr Rovinescu.

But as he said with passion last week, Air Canada is far from being out of the woods. The carrier is still burdened with the baggage that comes with 72 years of existence: “the transformation will require overcoming what I consider our greatest challenge: changing the culture at Air Canada. This must happen both in terms of how customers see us and how we behave as a company. This is the most important aspect of our transformation because a corporate culture provides the foundation and sets the tone for everything that you do.

“Given the shackles of age and legacy, some think this transformation is not achievable. However, with the right drivers – both in terms of people and tools – Air Canada will absolutely become a more entrepreneurial and nimble company, a place where employees act as if they are owners. A place with a “Just Do It” culture, where things happen much more quickly without countless committees and white papers.”

The world is replete with examples of how protectionism creates precisely the wrong atmosphere for achieving such an ambitious turnaround. Unless an airline is able independently to achieve a sustainable platform amid the rigours of today’s brutally competitive marketplace, protecting it merely prolongs the suffering.

Meanwhile, like a moose caught in the headlights, the Canadian government is steadfastly hanging onto the old supportive philosophy that entails underwriting almost anything that is good for Air Canada.

It is always hard to prove what economic value is being lost in this type of regime. But examples like the parallel one of Australia suggest that, whatever the economic cost of protecting Air Canada might be for points like Vancouver (and there must inevitably be a certain loss), the danger of opening the floodgates to competition is nowhere as threatening as is being made out.

In Australia’s case, despite a 50% increase in Gulf airline capacity since 2005, Qantas’ international market share is almost identical to its level back then – just under 30%.

The big change, because Qantas has to be competitive in its own right, is that Jetstar, with its lower cost base, has replaced Qantas on several marginally economic routes, maintaining the group’s place in the market. In other words, unable to rely on government protection, Qantas has successfully adapted to a more competitive international environment. This will stand it in good stead for the long term.

Meanwhile, airline capacity to Australia’s smaller airports has blossomed.

Indeed, fresh competition in the marketplace is usually the best way to encourage innovation and – perhaps – even to instill a new culture into an airline that is now so used to being propped up that change is instinctively opposed, not embraced.
And inbound tourism is the poorer for it

As for inbound tourism, Canada has the blessing and the curse of a readily available market to the south; it proved to be a curse last year, as the heavy reliance on the US inbound market turned stale when the US recession and more stringent entry requirements saw visitor numbers almost halved. Half of Canada’s tourists by air originate in the US.

This over-reliance may partly explain why Canada languishes near the bottom of the list for inbound travel from other countries, yet it is hard to conceive that is the only reason. The Australia comparison again. Despite Canada’s having a population nearly 60% greater, with a vastly superior range of tourism attractions, remote Australia welcomed just over 5 million inbound tourists by air last year. If American travellers are extracted from Canada’s inbound numbers, a mere 3.5 million foreign tourists visited the country by air in 2009.

This suggests a country boxing well below its weight in terms of international tourism by air.

So, for the time being, as the government focuses on supporting the national flag carrier, Canada’s airports, consumers and tourism industry are going to have to continue to digest the dated rhetoric of an aviation system that should have been consigned to the pages of history last century.

Investors increasingly interest in China

March 18th, 2010

Private equity and venture capital have been showing increasing interest in China’s private education market over the last couple of years and seeing huge potential. Recently, the Huiou (Chongqing) Education Equity Investment Fund (Huiou), the first of its kind in China, was launched in Chongqing on December 27, 2009, to seek out education-related firms engaged in the cultural and media sectors as its main investment targets.

The fund plans to raise a total of RMB 5 billion (US$735 million), with RMB 200-500 million (US$29-74 million) for the first phase and RMB 2 million (US$0.3 million) as a fund unit, with an operating period of 5+2 years. Huiou investment director Roger Wang says that the fund currently focuses on mature educational organizations at pre-IPO stage with good business models and management teams.

Wang said the fund has set its eye on early education for children from 1 to 6 years old. There are numerous private kindergartens in China, and Huiou’s selection criteria is whether the kindergarten has successfully built and managed its brand and then duplicated its successful business model in another city or region.

China’s education sector has become attractive to domestic and overseas investors in recent years, especially after the outbreak of the financial crisis, thanks to the country’s large population base and rapid economic development, as well as the stable cash flow and counter-cyclical business nature of educational organizations.

Statistics from China Venture, a leading research and consulting institute focusing on China’s VC/PE investment industry, show that during the 12 months from December 18, 2007, there were 30 investments in the education sector, valued at US$474 million, a leap from 18 and US$284 million during the same period 2006/2007.

The student population in China, from primary school through university level, makes up 17% of the world’s total, but China’s current educational market share, in value terms, makes up a mere 2%, according to the World Bank’s 2007 report entitled “Enhancing China’s Competitiveness through Lifelong Learning.” Chinese households’ educational expenditures have ample room to grow. Compared to Japan, where spending on education accounted for 34.1% of total household income during 2007-2008, it equaled only 17.8% of the total service expenditures in Beijing.

The swift development and structural change in China’s economy motivate professionals and fresh college graduates to continue to acquire new knowledge to meet career challenges, Wang says. “Millions of Chinese college graduates every year can not find jobs. They need more professional training to be qualified and employed. This market alone already shows enormous potential.”

The urbanization process is also pushing rural workers to equip themselves with new skills. “Preparing the huge rural population flowing into the cities by providing them vocational education is also a huge market,” says Wang.

The Chinese education sector is traditionally controlled by the government. Most students receive their education at public schools and universities, which does not always equip students with professional skills meeting the needs of prospective employers. Private schools are playing an increasingly important role in filling the gap and are proliferating at the rate of 20% to 30% annually, and attracting private equity and venture capital from home and abroad.

The education industry’s counter-cyclical nature and stable cash flow especially beckons investors during an economic down-turn.

That World Bank report shows that the education sector often outperforms other sectors during a recession as people have more spare time and a stronger need to prepare for further career development when the economy turns around.

Prepaid tuition fees provide stable cash flows, different from other business sectors that often face payment risks and long cash conversion cycles. What really interests private equity investors, however, are education organizations with light assets and high earnings growth, such as online education, rather than traditional schools, which often reinvest and lock up profits in new fixed assets, such as new facilities, classrooms and buildings. Wang says, “The light asset business model generates higher returns and faster growth of profits, which can be fostered by a public company in a short-timeframe, though this kind of organization accounts for only around 10% of the education sector in China.”

Given the traditional mindset of government-run education that prevails in China, bringing together educational organizations and capital markets remains a challenge. So far there is not one real educational organization with an A-share listing in China. Those that have gone public have chosen overseas listing, such as the New Oriental Education & Technology Group and Noah Education Holdings, Ltd., on the NYSE.

This is set to change. Chongqing’s municipal government has expressed a special interest in the start-up Huiou Fund. At a higher level, education, as part of domestic consumption needed to drive China’s economic development, will continue to gain government support in 2010 and beyond.

ChiNext, the growth enterprise board launched last October, has established a good circular model of private equity placement, investment and successful exit at maturity. “There will be private educational organizations listed on ChiNext in the future,” said Wang.

Airline Structural Change in Europe.

March 8th, 2010

“Short-haul premium will never recover. That part of the business has changed forever and we have to address it.” British Airways CEO, Willie Walsh; 9-Feb-2010. Announcing British Airways’ response to moribund business travel within Europe, Mr Walsh outlined a plan which reflects the dilemma that now confronts all major European carriers – BA, Air France-KLM and Lufthansa in particular. The issues are basic, but apparently near-insoluble. With new restructuring attempts under way, the three majors are feeling their way through the mire, adopting broadly similar strategies. They really need low cost subsidiaries to help them, but only compromise measures are being proposed. Whether even these are successful will depend on how well managements can convince their labour unions to adopt the new realities.

Introduction: short haul survival

Network airlines have relied for their livelihood on connecting long haul full service networks into European short haul links. To do this requires a broadly seamless service, where premium long haul traffic can transfer onto a similar short haul product.

But there is another, almost discrete, market: intra-European short haul point-to-point traffic. These two mutually cross-subsidise the connecting traffic, allowing the airlines to offer higher frequencies to a range of routes. This sector was the one initially targeted by the LCCs and it is now endangering the whole cross-section of the network airlines’

A good proportion of this used to be business travel, generating disproportionately larger returns, usually around 3-4:1 per pax more than discounted fares. Over recent years this traffic has decayed so that the mix favoured high volume-low yield discretionary traffic. But even with only a small number of business class (and fully flexible economy) fares sold, the differential of these premium fares gave the legacy airlines a big enough margin to paper over the fact of their higher costs.

New entrant airlines have been able to offer lower fares, using more aggressive pricing strategies, and leveraging off a much lower cost base. This had already forced average fares down right across the board.

For the network carriers, competing in this environment with their higher costs, their fragile hold on profitability depended on possessing the premium market.

Last year that hold evaporated. The financial crisis proved the last straw for short haul business travel. The yield premium disappeared and network airline costs now exceeded average fares. LCCs intruded aggressively into the business market as travellers traded down. And the flow-on premium traffic from the network operation was left stranded.

In short, suddenly there is now a big divide between two separate segments in European short haul. The network/point-to-point cross-subsidy equation no longer adds up – unless the airline’s cost base is extremely low.

The ideal model: a quality low cost subsidiary

The solution to this dilemma is simple. Achieving it will not be.

A low cost, quality short haul airline subsidiary that can compete on (nearly) equal terms with the specialist LCCs would be the answer to the network airlines’ needs. Short of that, one workable option is the one Lufthansa already has in the US through its investment in JetBlue. JetBlue is a high value airline that has become a hybrid LCC, but retains much of its cost advantage. Transferring onto its services from international services onto short connecting flights is acceptable for pretty much all but demanding first class passengers.

But, within Europe that solution – for example by using alternatives like one of Lufthansa’s subsidiaries (such as BMI or Austrian etc) – immediately causes mainline pilots to become restive. So, at the root of each of the network carriers’ structural changes is an attempt – in one form or another – to emphasise a separate low(er) cost operation while remaining below the industrial radar.

But they cannot even contemplate creating a wholly separate greenfield LCC subsidiary, because the unions would shut their airline down. The result, for all of them, is a less than satisfactory compromise that might buy some more time. And, maybe with time…. yields will return. That is still a high risk strategy, given recent experience.

Structural changes in the European aviation market – airlines adjusting to a “new normal”

Massive structural change has occurred in the European aviation market over the past year. This has been provoked by the economic upheaval and the powerful customer preference for low cost travel. Eating into the market share of Europe’s network carriers, it reduces intra-Europe yields, resulting in unsustainable losses for the network carriers.

IATA reported airlines have lost six years of premium travel growth during the global financial crisis, and the European airlines suffered badly. Over the full year 2009 there was a 25% fall in intra-European premium travel, according to IATA. By Dec-2009, numbers were still 9.7% down on the previous year. Economy travel meanwhile dropped less in this market, falling 3.2% during the year as a whole and actually rising 1.9% year-on-year in Dec-2009. IATA described this as a “significant structural shift in business travellers from premium to economy seats on this short-medium haul market region”, which “accentuated the decline in premium travel and moderated the fall in economy”.

With subdued forecasts for economic recovery in Europe and the shift away from premium seats for short-haul travel, the return of premium travel in the region is expected to be a “sub-trend for some time”.

This review looks at how some of Europe’s major airlines are reacting – along with the pressures this is generating through the system and within their own companies.

In the traditionally large premium markets, airlines are reacting to the irreversible changes in short-haul markets, with Aer Lingus, Air France, Alitalia, Austrian, bmi, British Airways, Iberia and Lufthansa, among others, announcing substantial adjustments to their products and strategies in recent weeks.

Demand and yield deterioration here to stay: IATA

Mr Walsh has of course not been alone in bemoaning the loss of premium traffic. IATA CEO, Giovanni Bisignani, noted deterioration in demand and yields among Europe’s network carriers “partly reflects a loss of market share by network carriers on short-haul routes to low-cost carriers”.

He also foresees a “long-lasting structural change” in European aviation, in that yield levels may “almost never recover” as business travellers increasingly travel on economy seats, particularly on short haul sectors.

“Structural upheaval” means the European aviation industry will “not return to ‘normal’ again”: AEA

Association for European Airlines (AEA) Chairman for 2009, Dr Ivan Misetic of Croatia Airlines, also saw these changes as being long term: “the dimensions of this downturn are unprecedented. In the past 35 years we have not seen such devastation of value. And we will not return to ‘normal’ again; the consumers are changing their expectations, and this will continue.”

He separately commented that the global economic crisis has “severe repercussions on all airline business models”, adding, “passenger volumes are in steep decline and the airfreight market has suffered what can only be described as collapse”.

While decreases in traffic volumes have been unprecedented, the greatest concern continues to be the “dramatic decrease in average fare levels, as premium traffic was particularly affected”, according to Dr Misetic.

“Not a cyclical feature….It is a structural upheaval, and we must adapt structurally”

He added that the trends are “not a cyclical feature in an industry which is used to business cycles. It is a structural upheaval, and we must adapt structurally”, adding that the “current crisis can be a catalyst for change”.

Dr Misetic also stressed the need for change within the industry, in order for relevance to be maintained, stating that “airlines, which are of paramount importance for European jobs and competitiveness, will only be sustainably competitive if they offer customers choice, remain environmentally sensitive and can be confident that the other elements in their value chain are equally market-driven and focused on the prosperity of the sector as a whole”. These are tall orders and the talk of “upheaval” is clearly not misplaced.

The AEA, representing 33 European established scheduled network carriers, in 2009 shed 20 million passengers compared with an already weak 2008; RPKs were down 4.5% and the passenger headcount fell an even larger 5.8% (reflecting most carriers’ greater reliance on longer haul operations as they cut back on intra-European services. Secretary General, Ulrich Schulte-Strathaus, commented, “the stark reality of the figures tells us what we know already – our sector has just come through an astonishing year. The crisis has not receded – its repercussions will be felt well into the future, and in some respects the face of the industry will be changed fundamentally”.

He had previously attributed much of the bottom line damage to the drop off in premium sales: “The real damage has been inflicted by the collapse in revenues, to which falling ticket prices, particularly in the premium-travel segment, have contributed far more than depressed traffic levels”.

However, Mr Schulte-Strathaus continues to reaffirm the role of the network carriers as pivotal in Europe, but he stated the new challenge, “no longer will we respond to the title ‘legacy carriers’. It is true that, collectively, we have the experience and the expertise, and this will place us at the forefront of the new order facing our industry”.

Strong performance by LCCs helps “curtail the severity of the decline in total traffic”: ICAO

Globally, ICAO reported a 3.1% reduction in worldwide passenger traffic in 2009, for the largest decline on record for the industry and the first negative growth of the global economy since the Great Depression of 1929 (data includes scheduled passenger traffic on airlines of Member States, including LCCs).

International traffic fell by about 3.9% while domestic traffic fell by 1.8%, according to ICAO, recording that double-digit domestic passenger traffic growth in the emerging markets of Asia and Latin America, and the relative strong performance of LCCs in North America, Europe and Asia Pacific, helped “curtail the severity of the decline in total traffic”.

Asia Traffic Eclipses North America

March 1st, 2010

IATA yesterday revealed that intra-Asia Pacific travel eclipsed North America as the world’s largest aviation market in 2009. Asia Pacific passenger numbers rose to 647 million; this compares with 638 million within North America last year.

Why the Asia Pacific region is dynamic

By 2013, IATA estimates an additional 217 million travellers within the Asia Pacific region, extending its global leadership as North American markets continue to stagnate.

IATA Director General, Giovanni Bisignani stated the Asia Pacific region is “diverse, dynamic and with great potential”, adding the region’s aviation prospects are “improving faster than other regions”.

He noted, “in the US, there are three aircraft seats per year for each of the 300 million people who live there. China’s population of 1.3 billion is served by only 0.3 seats per person and India’s 1.1 billion population has only 0.1 seats available per person. The global air transport industry will triple in size when Asians travel as much as those in the US.”

The Asia Pacific region is also home to two of the world’s top five airlines in terms of profitability, according to IATA. “Achieving Asia Pacific’s tremendous potential is contingent upon short-term efforts to battle the impacts of the economic downturn with cost reductions and efficiency gains. Longer-term, Asia Pacific must also face global challenges including environment, security and liberalisation”.