NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 17 Number 1 Article 2 Winter 1992 Towards a Truly Global Marketing Strategy: A Need to Consider Trade and Investment Opportunities in West Africa Terence P. Stewart Margaret E.O. Edozien Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Recommended Citation Terence P. Stewart & Margaret E. Edozien, Towards a Truly Global Marketing Strategy: A Need to Consider Trade and Investment Opportunities in West Africa, 17 N.C. J. INT'L L. 121 (1992). Available at: https://scholarship.law.unc.edu/ncilj/vol17/iss1/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Towards a Truly Global Marketing Strategy: A Need to Consider Trade and Investment Opportunities in West Africa Cover Page Footnote International Law; Commercial Law; Law This article is available in North Carolina Journal of International Law: https://scholarship.law.unc.edu/ncilj/vol17/ iss1/2 Towards a Truly Global Marketing Strategy: A Need to Consider Trade and Investment Opportunities in West Africa Terence P. Stewart* and Margaret E. 0. Edozien* I. Introduction A. Overview Although the U.S. corporate outlook is becoming increasingly more global, as it must for U.S. firms to compete effectively with their counterparts in the European Economic Community (EEC) and Japan, little attention is given to investment opportunities in Africa. Because of the economic and political problems facing many African nations, doing business in Africa can be difficult and frustrating. However, as African countries, like Nigeria, abandon military dicta- torships in favor of democratically elected governments and also lib- eralize their trade and investment laws, it would be short-sighted for U.S. corporations to continue to discount the continent in their busi- ness planning.' Indeed, the European Community2 and Japan, rec- * Managing Partner, Stewart and Stewart, Washington, D.C. B.A., College of the Holy Cross; M.B.A., Harvard University; J.D., Georgetown University. Member, District of Columbia Bar. ** Associate, Stewart and Stewart, Washington, D.C. B.A., Duke University; J.D., University of North Carolina; LL.M. (international and comparative law), Georgetown University. Member, New York Bar and Nigerian Bar. The authors wish to extend their special thanks and appreciation to Eugene L. Stew- art, senior partner of Stewart and Stewart, for his invaluable input and oversight. The authors also wish to thank Carl P. Moyer and Jennifer A. Shanholtzer for their contribution to the overall success of the Article. I See EXPORT IMPORT BANK OF THE UNITED STATES, 1990 ANNUAL REPORT (March 1991)[hereinafter EXIMBANK 1990 REPORT]("The United States has become an export- driven economy. With 75% of the world's gross national product outside our borders, our economic well-being depends on our international commercial prominence, our industrial competitiveness, and our share of the world markets."). 2 See A. Tovias, World Bank Discussion Papers: The European Communities' Single Market The Challenge of 1992 for Sub-Saharan Africa, PAPER No. 100 WORLD BANK DISCUSSION PAPERS, 1990, at 5 [herinafter Tovias]. The EEC has traditionally been the "most impor- tant outlet for [Sub-Saharan Africa's] goods and services" for the following reasons: (1) due to the small markets of their neighbors, there is limited possibilities for inter-region trade; (2) "the relative propinquity to the EC, coupled with its huge purchasing power;" (3) tariff-free access into the EEC as a result of the EEC's various preferential trading arrangements with countries in Sub-Saharan Africa; (4) knowledge of three European lan- guages - French, English and Portuguese; (5) "the presence in [Sub-Saharan Africa] of institutions, standards and transport facilities favoring trade with Europe dating from co- N.C.J. INT'L L. & COM. REG. [VOL. 17 ognizing the trade implications of the emergence of several economically viable and politically stable nations in Africa, have al- ready expanded their trade and investment relations with countries in Sub-Saharan Africa. A recent Journal of'Commerce article predicts a brighter future for the continent, dependent, of course, upon continued political stability in the region: Political change in Africa, easing economic access and curtailing the risk of natural resource deals, may make the continent a more active player in world trade by the end of the decade, business leaders and government officials say. "Five years from now, Africa may move from its current status of almost non-existent in world trade to a relatively active position like South or Central America," said K.R. Locklin, manager of the Africa Growth Fund [based in Washington, D.C.]. ....3 According to a May 1990 report prepared by the U.S. Department of Commerce, countries in Sub-Saharan Africa imported a total of $56 billion in 1988. These countries purchased only about 1% of lonial times;" and (6) commercial and investment ties between most countries in Sub- Saharan Africa and former colonial powers. Id. 3 Erich E. Toll, Reform, Resources Boost Africa Appeal, J. COM. & COMMERCIAL, July 10, 1991, at 1. See R.W. Hull, The Challenge to the United States in Africa, 90 CURRENT HISTORY 193 (May 1991)[hereinafter Hull]. The United States is quietly disengaging from sub-Saharan Africa. Since 1983, it has accelerated the pace of disinvestment. Bilateral trade has fallen off appreciably, except with oil-producing countries. The United States is purchasing fewer nonpetroleum African imports and is exporting fewer capi- tal goods to Africa. And even when petroleum imports have dramatically increased, as in the case of Nigeria, the United States has failed to increase exports substantially.... In an effort to encourage American corporations to invest in Africa, in 1990 the United States initiated a $30-million "Africa Growth Fund." In 1988 the United States played a major role in establishing the Multilateral Investment Guaranty Agency (MIGA) as a World Bank affiliate (MIGA encourages the flow of direct investment capital to underdeveloped countries). The re- sponse by American business to both initiatives has been discouraging. This is unfortunate. Not since the era of independence three decades earlier have African countries been so eager for American trade and investment. And not since the beginning of the colonial era nearly a century ago have these coun- tries undergone such a fundamental restructuring of their economies and been so receptive to American participation.... Congress, characteristically at odds with the President on African issues, ap- pears to be more acutely aware of the need to aid Africa. In November, 1990, it raised aid to Africa to about $800 million, which was more than 40 percent over the $560 million suggested by the President. Nevertheless, the amount is paltry when compared with $2.3 billion in United States aid for Egypt and $3 billion in economic and military assistance for Israel. Why has American private enterprise not risen to the challenge? The reces- sion and the crisis in the Persian Gulf are part of the answer. But running deeper are the currents of fear, uncertainty and ennui felt by American busi- ness people when confronted with Africa. Corporate America remains largely ignorant of Africa and its potential. Its knowledge of the continent barely extends beyond what appears in the popular media, which is usually distorted and laden with stereotypes. Rarely does corporate America have contact with American specialists on Africa, who are well informed on Afri- can issues and who could act as bridge builders. Id. at 193-94. 1992] WEST AFRICAN INVESTMENT America's worldwide exports ($3.78 billion), 2.3% of West Ger- many's exports ($5.8 billion), and 3.5% of the United Kingdom's ex- ports ($4.5 billion).4 Noting the growth potential in the region stemming from economic and political reforms, and considering the comparative figures cited above, the Department of Commerce con- cluded that: Our competitiveness as an exporting nation rests with those Ameri- can companies that aggressively export on a global basis. Africa, while modest by comparison with some other markets, nonetheless deserves to become5 part of the export global strategy of more Amer- ican companies. This Article focuses on business opportunities in West Africa for companies in the United States and other industrialized countries that aggressively pursue a truly global marketplace. Part I of this Article contains an introduction and discussion of international joint ventures. Part II describes trade and investment opportunities avail- able in seven West African countries: Nigeria, Ghana, Cameroon, Cote D'Ivoire, Togo, Cape Verde, and Gambia. Part III examines various U.S., multilateral, and bilateral programs which provide in- vestors in Africa with capital, loans, guarantees, and risk protection. Part IV presents the conclusion. B. InternationalJoint Ventures - An Option for Establishing a Business Enter e in Developing Countries Advisory comments from an August 1990 report of the Ameri- can Embassy in Yaounde, Cameroon apply equally to investors in any of the seven profiled countries: Success in Cameroon, as elsewhere, depends on persistence, willing- ness to adapt to local conditions, and a good product. Frequently, difficulties