SlideShare una empresa de Scribd logo
1 de 64
Companies                       Latin Infrastructure Quarterly   1




China’s
Investment
In Latin American
Infrastructure

                                    Value
BNDES
Project Structuring Division
                               for Money
                                     and PPPs

APM Terminals:                 Ecuador
Costa Rica’s Largest                 Infrastructure
Infrastructure Project         pushed from the top
2   Latin Infrastructure Quarterly
3
   Welcome to the second issue of                                                          Contributors
 Latin Infrastructure Quarterly (LIQ)!                                                     Adrian Barrios 	




T
                                                                                           PricewaterhouseCoopers

              he content and design of our first issue was object of great feedback        Ana Fernández González 	
              from many practitioners so we are now bringing you the second issue
              hoping for it to be up to the standards set by LIQ 1. We have assembled      Aniceto Zaragoza 	
              a second issue that covers a lot of very interesting issues and features a   Foro de Infraestructuras y Servicios
              couple of new ideas.
                                                                                           Antonio De Santiago 	
    We conducted insightful interviews with the Vice President of the Colombian
                                                                                           Infrastructure Ontario
Infrastructure Chamber, the Managing Director of APM Terminals Moin, and the
management of the influential ForoPPP.                                                     Cesar A. Guimarães Pereira 	
    Added to the interviews we are bringing you numerous articles submitted by             Justen, Pereira, Oliveira &
practitioners from all around LatAm. These articles cover a wide array of subjects         Talamini advogados
ranging from project profiles in Central America and Paraguay to the growing partici-
pation of China in the region and infrastructure development in Ecuador.                   Darin Bifani 	
                                                                                           Puente Pacífico Investment
As was mentioned, LIQ 2 also features a couple of new ideas:                               Advisory Ltda.

1.	 research on the Project Structuring Division of the BNDES and many of the              Eduardo Zúñiga
    infrastructure projects it is currently working on; and                                Arias & Muñoz
2.	 coverage of infrastructure development outside LatAm. It is our intention to of-
                                                                                           Gustavo Morales Cobo 	
    fer in each issue going forward an outlook on the industry in one other emerging
                                                                                           Colombian Infrastructure Chamber
    market and in a more consolidated market. LIQ 2 covers, through to the con-
    tribution of two experts, infrastructure development in Ukraine and in Ontario,        Ignacio Galvez 	
    Canada. We feel that, as it happens in every other field, LatAm infrastructure         Ineco
    practitioners can learn from the state of the industry in other parts of the world.
                                                                                           Irina Zapatrina 	
   Personally, I am very excited to be presenting at the AgReturn InfraReturn Latin        Ukrainian Public-Private
America conference on January and the Latin American Energy & Infrastructure Fo-           Partnership Development
rum on February and I certainly look forward to meeting you personally at any of           Support Center
those events.
                                                                                           Jaime Jesus Betalleluz Fernandini
                                                                                           Infrastructure, Government &
                                                                                           Utilities Advisor

                                                                                           Julian Sastre 	
                                                                                           Foro de Infraestructuras y Servicios

                                                                                           Luis Pedro del Valle 	
                                                                                           Arias & Muñoz

   Patricio Abal.                                                                          Ofilio Mayorga 	
                                                                                           Arias & Muñoz
   Director & Editor
                                                                                           Paul Gallie 	
                                                                                           APM Terminals

                                                                                           Rodolfo Guillermo Vouga 	
                                                                                           Vouga & Olmedo Abogados
4   Companies
Companies                                                                              Latin Infrastructure Quarterly                     5


                    CONTENTS
                 Spain’s Foro de Infraestructuras y Servicios.................................................................6
                 The relationship between Spain and Latin America



            16
                 The titanium industry in Paraguay (project profile).....................................................11

                 Infrastructure development in Ukraine.........................................................................12
                 A look at what is needed to attract the private sector.

                 The Colombian Infrastructure Chamber.......................................................................14
                 An authoritative outlook of one of LatAm’s most active markets

                 Ecuador: infrastructure pushed from the top................................................................16
                 Politics and infrastructure

                 Value for Money............................................................................................................20
                 A necessary methodology

                 Mexican Highways.......................................................................................................24



            38
                 A comprehensive analysis on Mexico’s push to improve its road network

                 Infrastructure debt funds and exchange rate risk..........................................................29
                 Ideas on risk management

                 Chinese investment in Latin America Infrastructure....................................................32
                 Synergies, Opportunities and Challenges

                 Ontario’s Infrastructure.................................................................................................38
                 A look at the most active infrastructure market in Canada

                 The Moin Container Terminal......................................................................................42
                 APM Terminals’ project in Costa Rica

                 The Brazilian Development Bank................................................................................44


            48
                 A focus on the Project Structuring Division

                 Company profile: Vestas...............................................................................................48

                 Guatemala – Generation Expansion Plan (project profile)...........................................53

                 Costa Rica – Reventazón Hydroelectric Project (project profile).................................55

                 Nicaragua – Brito Hydroelectric Project (project profile)............................................57

                 Infrastructure and Dispute Resolution in Brazil...........................................................59
                 The Compagás Case and Brazilian Arbitration




            59
6       Latin Infrastructure Quarterly                                                                                     Institutions




                                              Foro de
                                              Infraestructuras
                                              y Servicios
                                              LIQ speaks with
                                              Aniceto Zaragoza and Julian Sastre

Please describe the purpose of the Foro       place for discussion which would serve             tion and a better working relationship
de Infraestructuras y Servicios (“Infra-      as a meeting point for likeminded per-             between the involved parties;
structure and Services Forum”)(www.           sons, and for the exchange of experiences     •	   being aware of and publishing
foroinfra.com)                                amongst professions in a sector which is           up-to-date data and information
All agents involved in the development        at the forefront of modern economies.              for its members and those ex-
of infrastructures and services are faced         The main aims of the Infrastructure            ternal agents who have a say in
with a new challenge, set out by a series     and Services Forum are the following:              these infrastructures and services.
of guidelines, among which the scarcity
of resources, the development of new and      •	   promoting the development and shar-          In order to achieve these aims, the
more efficient management techniques,              ing of knowledge and innovation          Infrastructure and Services Forum has
the incorporation of new technologies              regarding new technologies which,        undertaken a wide range of activities
and the need to put into practice new fi-          through the creation, management         worthy of special mention: conferences,
nancial instruments in order to guarantee          and financing of infrastructures, may    seminars and studies, appearances in
the constructions, operation and mainte-           be of use to the agents involved and     the mass media, the drafting of studies
nance of future projects cannot be stressed        to the society which they serve;         and reports on issues of its concern, the
enough.                                       •	   fostering the acceptance on the part     creation of working-groups to analyze
    With this framework in mind, the In-           of society of said infrastructures;      specific problem areas, the promotion of
frastructure and Services Forum was born      •	   Provide criteria in terms of quality     publications on issues relating to infra-
as an independent and multi-disciplinary           and profitability which aid efficiency   structures and services, etc. The Forum
task force formed by sector professionals          in the decision-making process and       is based mainly on individual members
(lawyers, economists, engineers, journal-          thus affect the associated infrastruc-   but institutions can also be partners of
ists, etc.) with the aim of sharing these          tures and services;                      the Forum.
aforementioned concerns and creating a        •	   striving towards improved coordina-
Institutions                                                         Latin Infrastructure Quarterly   7
We are aware of examples of  Spanish
bankers, architects and lawyers that,           LatAm is a huge opportunity for
due to the current economic downturn
affecting  Spain,  are  developing busi-
ness relationships  in LatAm. Do you
                                                private investors due to the culture
see that as a growing trend? How can
these professionals and their compa-            of development based on PPP
nies compete against local players?

Indeed, the economic downturn is having
                                                projects, foreseeable economic
a significant effect on Spain, and Spanish
professionals and companies are looking         growth and urgent need.
towards internationalization on an increas-
ingly greater scale. Though fortunately our
most important representatives in the busi-
ness world already had a major presence
before the recession. To quote from their
figures, the following stand out:
    Spanish construction companies are
present in 68 countries spread over all
five continents.
    Spanish companies hold seven of the
top ten places of the main transport con-
cessionaries in the world.
    If we observe the worldwide ranking
in terms of capital invested, Spain has
participated in US$133.677 billion divid-
ed between 173 concessions, representing
47.7% of the world top.
    In terms of percentage of the tenders
operating worldwide per country, Spain
occupies the first place on the list, with
39% of the operations, following by
France with 15% and China with 10%.
    Likewise, specific contributions from
Spain to LatAm are notable:
•	 Aside from the technical ability
     which can be seen from transport,
     energy and hydraulic infrastructures,
     fields in which we are world lead-
     ers, a common language and cultural
     similarities make it easier for us to
     work together.
•	 Also, the rapid economic growth of
     LatAm countries such as Brazil, Ar-
     gentina, Colombia, Peru, Ecuador
     and Mexico means that they urgently
     require infrastructural developments
     in order to prevent any stifling of this
     economic growth. This demand of be-
     ing able to carry out a project properly
     and swiftly has meant that these coun-
8   Latin Infrastructure Quarterly                                         Institutions


                                               tries turn to Spanish companies first.
                                           .
                                     Do you see  Spanish financial institu-
                                     tions (commercial and/or development
                                     banks)  partnering up with  Spanish
                                     professionals and companies when de-
                                     veloping projects abroad, particularly
                                     in LatAm? If so, can you name a couple
                                     of examples?   
                                          
                                     Of course we could name numerous ex-
                                     amples; however, I shall focus on Spanish
                                     institutions that are partners of the forum:

                                      •	        OHL is one of the world’s top 10
                                                concessionaire companies and has
                                                a very strong presence in Argentina
                                                and Brazil.
                                      •	        INECO, the Spanish public sector
                                                agency for consultancy on trans-
                                                port infrastructure and engineering
                                                issues, is undertaking the transport
                                                master-plans in Costa Rica and
                                                Ecuador.
                                      •	        INDRA, with thousands of work-
                                                ers already operating in Brazil and
                                                Chile, for example, is at the fore-
                                                front of modern technology.
                                      •	        ALSA, a company with over one-
                                                hundred years of history, is another
                                                leading light in the transport sector,
                                                running services as far afield as Chile
                                                and China, and operating internation-
                                                ally for more than 20 years.

                                     Where do you see LatAm in terms of
                                     private sector involvement in  infra-
                                     structure development?

                                     LatAmis a huge opportunity for private
                                     investors, firstly due to the culture of de-
                                     velopment based on PPP projects, though
                                     also for other reasons which have already
                                     been touched on, such as its foreseeable
                                     economic growth and urgent need for
                                     infrastructures which can withstand the
                                     increase in mobility and consumption as-
                                     sociated with development.

                                      There is obviously room for improve-
                                     ment. Can you name some areas
                                     and give some examples?
Institutions                                                                                          Latin Infrastructure Quarterly       9
The Regional Government of Madrid has signed with the IADB, the CRTM has
developed a program of technical assistance which it lends to the Brazilian Gov-
ernment as part of the definition of the integration framework of Line 4 of the Rio
de Janeiro Metropolitan Railway.
In terms of transport: Underground Rail         collaboration among Spanish companies in          in the field of public transport. Its yearly
Networks and BRT systems in the urban           the field of internationalization. In any case,   budget is EUR2.2 billion without taking
and metropolitan areas, expansions of air-      we would like more support on the part of         into account investments, and it has a
ports and trains with the latest technology     the embassies for Spanish companies.              highly qualified and renowned technical
and features.                                       The great challenge and way forward           staff. This Forum’s Secretary, Mr. Dioni-
    Reservoirs and supply networks.             for an even more pronounced presence of           sio González, is the Technical Director of
    In terms of energy the range of pos-        Spanish companies is by SMEs joining              the CRTM.
sibilities is extensive, including thermal      forces and working together, rather than              Through the collective agreement
and nuclear power stations as well as re-       working alone, as the effort required is ti-      the Regional Government of Madrid has
newable energy sources.                         tanic and not always fruitful.                    signed with the IADB, the CRTM has de-
                                                                                                  veloped a program of technical assistance
Needless to say, Spanish players have           Can you tell us about the agreement               which it lends to the Brazilian Govern-
invaluable resources and experience,            between the Inter-American Develop-               ment as part of the definition of the in-
what are the most suitable channels for         ment Bank and the Madrid Regional                 tegration framework of Line 4 of the Rio
Latin American actors to reach out to           Transport Consortium?                             de Janeiro Metropolitan Railway. Finally,
those resources? (Embassies, forums                                                               studies are being performed into mobility
such as yours, banks, etc.)                     The Madrid Regional Transport Consorti-           and the planned Quito Metropolitan Rail-
                                                um (CRTM) is the transport authority for          way in association with the Madrid Metro
From the viewpoint of state institutions, the   the Madrid region and runs all the modes          and Spanish companies such as Taryet
ICEX body of the Spanish Foreign Secre-         of transport. It is a flagship throughout the     and ETT- Deloitte.
tary’s Office is making great strides towards   world thanks to its major developments


 Tenth Anniversary of the Foro de Infraestructuras y Servicios
 More than one hundred professionals from the infrastructure and services sector in Spain met Monday, November 7, to debate
 the policies followed in this sector during the last ten years, with an eye to future challenges. The meeting took place as part
 of the events marking the tenth anniversary of the Infrastructure and Services Forum, with awards were given to outstanding
 projects undertaken in the sector.
     Held at the Association of Civil Engineers, the meetings attracted more than 100 attendees, all sector professionals keen
 to discuss the sector’s past, present and future. For this reason, the seminar’s agenda included specific addresses and three
 round-table discussion groups: one geared towards listening to the opinion of the different associations that constitute the sector
 (AERCO, ANCI, CNC, TECNIBERIA and SEOPAN) expressed through the thoughts of their MD’s; a second round-table in
 which Forum members highlighted the most relevant aspects of their professional activities over the last ten years; and, finally,
 a third table in which the political parties (Andrés Ayala-PP, Montserrat Candini-CIU and Rafael Simancas-PSOE) and the
 Trade Unions (Juan Carlos Barrero-UGT andVíctor Sánchez-CCOO) were represented, expressing their viewpoints on the poli-
 cies regarding infrastructure and services developed over the last ten years, and the possibility of new, future strategies.
     After the seminar came the moment for the prize-giving ceremony, with awards given by the Infrastructure and Services
 Forum acknowledging the most outstanding projects and workers from the sector.
      The award for the most outstanding professional in the sector was given to the MD of Albertis, while the Barcelona Eco-
 nomics Round Circle Award went to Salvador Alemany Mas, who was present to collect the award himself. The Saragossa
 Logistics Platform was considered the most outstanding infrastructure project, while the recognition for the best service fell to
 the team at Canal Isabel II, led by Adrian Martin. Finally, the 2011 Special Award was given to the former MD of the Spanish
 Transport Association and International Railways Union, Antonio Carbonell, who sadly passed away recently.
10   Latin Infrastructure Quarterly                                                                                  Institutions



                                      Aniceto Zaragoza:

                                      Aniceto Zaragoza, Oficemen CEO, has a PhD in Civil Engineering from the Poly-
                                      technic University of Madrid (UPM). He has a Degree in Economics and Business
                                      Administration and a Degree in History from UNED . He is also associated profes-
                                      sor in the Transport Department at UPM.

                                      He has participated in over one hundred research projects and technical re-
                                      ports, co-authored 15 books, published more than 40 articles and given more
                                      than 300 speeches in 15 different countries all over the world. Among his major
                                      research projects, Mr Zaragoza has been the Project Director of GIROADS, with
                                      a budget of over EUR6 million, and of the Oasis Project, with a budget of over
                                      EUR30 millions.

                                      He is President of EUPAVE (European Concrete Paving Association), President of
                                      the Infrastructures and Service Forum, Vicepresident of PTECO2, former President
                                      of IVIA (Latin American Road Institute), former President of the ERF (European
                                      Road Federation) and former President of ITS Spain.

                                      In his previous role as Head of the Spanish Motorways Association, he took part
                                      in the beginnings of the development of Chilean concessions, which was a
                                      pleasure.




                                      Julian Sastre


                                      Julián Sastre González holds a PhD in Civil Engineering from the UPM, specializing
                                      in the fields of Transport and Town and Land Planning, and has twenty-five years’
                                      professional experience.

                                      His career in the sector began at the Madrid Regional Transport Consortium (PTA
                                      of Madrid), where he worked from 1986 to 1989, later devoting his time to transport
                                      consultancy and assessment in diverse fields both in Spain and abroad (since
                                      early 90ths, Europe, Latin America, Maghreb and Asia). He speaks English, French
                                      and Portuguese.

                                      As well as being Vice-president of this Forum, he is also an independent consult-
                                      ant, mainly focusing on international projects, most importantly as a consultant
                                      for the IADB and the World Bank. Specializing in PPP projects, he has worked as
                                      advisor for projects such as the bullet train from Rio to Sao Paulo, various public
                                      and private partnerships for building intermodal stations in Montevideo and the
                                      Rosario city public transport network (Argentina) as well as projects in El Salvador.
                                      In Chile he has dealt especially with ITS issues applied to the field of transport since
                                      2000.

                                      He is also the author of the following publications, among others:

                                      •	   Manual for the planning, financing and implementation of urban transport
                                           systems.” Madrid Regional Transport Consortium (June 2004). (ISBN: 84-86803-
                                           60-8).
                                      •	   Manual for tramways, light rail networks and systems using reserved platforms.
                                           Design, project financing and implementation.” Madrid Regional Transport
                                           Consortium (2006).
                                      •	   Green Paper on Town Planning and Mobility.” Civil Engineering Association
                                           (2008).
                                      •	   Green Paper on Transport and Climate Change.” Civil Engineering Associa-
                                           tion (2010).
Projects                                                                                         Latin Infrastructure Quarterly     11


The titanium industry’s
inroads into Paraguay
In November 2010, David Lowell, CEO of CIC                                                   environment, experts already pointed out
                                                                                             the dangers the pilot plant poses to the
Resources Inc., announced the discovery of what                                              environment are minimal, not yet being a
is thought to be the largest titanium deposit in the                                         full-fledged plant. At this stage, the pilot
world, in the Paraguayan district of Minga Porã,                                             plant will only wash the soil to separate
                                                                                             the ilmenite and the clay, a process which
near the border with Brazil.




M
                                                                                             in itself is not contaminating.
                                                                                                 Metálicos y No Metálicos Paraguay
                     etálicos y No Metáli-        The company invested US$5 million          S.R.L. is now carrying out studies to ex-
                     cos Paraguay S.R.L.,     in setting up the pilot plant. During the      actly determine the project’s infrastruc-
                     a subsidiary of CIC      experimental period, the plant is projected    ture and energy needs. The results are
                     Resources Inc., has      to produce 500 tons per month. However,        due this December. If the studies show
                     secured a permit to      once the plant goes into full production,      the project is economically viable and the
explore 30,000 has in the Minga Porã area     production is estimated to increase hun-       Paraguayan Congress gives it the green
and is concluding the construction of a pi-   dredfold and reach 5 tons per hour.            light, Metálicos y No Metálicos Paraguay
lot plant to precisely assess the deposit’s       Currently, the Project is in the process   S.A. will enter into a concession contract
real prospects. The company started the       of obtaining the approval for its Environ-     with the Paraguayan Government.
project expecting to eventually obtain be-    mental Impact Study. Although some ob-             This will in turn probably entail the
tween 5 and 10 million tons of titanium       jections have been raised fearing the pilot    need for numerous infrastructure projects
ore per year.                                 plant might have a negative impact on the      to supply the energy and transportation
                                                                                             needs of the potential mine.
                                                                                                 Although LatAm has played a crucial
                                    RODOLFO G. VOUGA ZUCCOLILLO                              role in the mining industry for a long time,
                                    is a Senior Associate at Vouga &                         Paraguay’s mining potential remained
                                    Olmedo Abogados. He graduated                            unexplored until now. All of this is set
                                    with Honors from the National Uni-                       to change as the latest news from pros-
                                    versity of Asuncion (J.D., summa                         pecting efforts put Paraguay on the center
                                    cum laude, 2007) and was award-                          stage of the international mining industry.
                                    ed a Masters in Law (LL.M.) degree                       Between 2008 and November 2010, the
                                    from Columbia Law School (LL.M.,                         Ministry of Public Works and Communi-
                                    2010). He passed the New York Bar                        cations (MOPC) granted 14 permits to 10
                                    exam. His fields of expertise are: Liti-                 companies for the prospecting of different
                                    gation, Arbitration and Mediation;                       areas showing mining potential.
                                    M&A; Foreign Investments; Cor-                               Mining projects are known to be
                                    porate and Commercial; Capital                           closely and almost inevitably linked to
                                    Markets; Tax and Customs Law. He                         very demanding energy and communica-
                                    has been actively involved in vari-                      tion needs, for which reason it would not
                                    ous projects related with foreign                        be surprising to expect that, assuming the
 investments. He is a former assistant professor in Legal Technique at                       mining efforts become successful, Para-
 the National University of Asunción. Languages: Spanish, English, Por-                      guay could become a hot spot for interest-
 tuguese, German.                                                                            ing infrastructure ventures.
12   Latin Infrastructure Quarterly                                                                                      Institutions




 Public-private partnership and its       LIQ Speaks with I. Zapatrina:
                                          Chairman of the Board of the Ukrainian Public-Private Partnership
                                          Development Support Center




                                          U
                                                           kraine is now taking its      many normative-legal acts that regulate
                                                           first steps in the devel-     the procedures of preparation of the simi-
                      of infrastructure



                                                           opment of public-private      lar projects, competitions, the selection
                                                           partnerships (PPP). Today     of winners, and the monitoring of PPP
                      in Ukraine




                                                           there is a lot of conversa-   projects. We can not say the current leg-
                                          tions regarding the necessity to attract the   islation is perfect. It contains a number
                                          private sector for infrastructure moderni-     of contradictions, difficulties and conflict
                                          zation, and a number of normative-legal        clauses. The most problematic issue in
                                          acts that regulate preparation of projects     this field is absence of regulation of state
                                          in the form of PPPs have been adopted, as      support, both methodological and institu-
 role in modernization


                                          well as mechanisms for their implemen-         tional, for PPP projects. At the same time,
                                          tation. Currently, however, there are no       projects in the form of PPPs could be pre-
                                          examples of successful PPP projects in         pared and implemented in the conditions
                                          Ukraine.                                       of current legal regulation. The legisla-
                                                                                         tion could be improved later based on the
                                          Why is this so? What are the prerequi-         experience of the implementation of such
                                          sites for changing the situation in this       projects.
                                          field?                                             Investment climate and political sta-
                                          It is well known that in order to prepare      bility (succession of public authority) are
                                          and implement viable projects in the form      much more problematic issues for poten-
                                          of a PPP it is not enough to have the leg-     tial private investors that consider oppor-
                                          islation regulating relations in this field,   tunities to implement similar projects in
                                          even though the availability of such regu-     Ukraine.
                                          lation is certainly an extremely important
                                          element for the development of PPPs.           Political Stability
                                              The most important factors for intro-
                                          duction of similar long-term, complicated      Unfortunately, for the last 20 years, as a
                                          and high-risk projects are: investment cli-    result of many political changes, the in-
                                          mate in the country, political stability and   stitutional memory of public authority
                                          a well developed institutional environ-        has been very weak, and there has been
                                          ment. These factors are now indeed the         no succession of ideas, approaches and
                                          most critical for the development of PPPs      management decisions. The priorities and
                                          in Ukraine.                                    personalities among the authorities are
                                                                                         changing all the time and this results in
                                          Legislation                                    complications with the preparation and
                                                                                         implementation of any strategic long-
                                          The laws on concessions, production            term projects, in particular PPP projects.
                                          sharing and rent have been effective in
                                          Ukraine for more than 10 years. In 2010        Investment Climate
                                          laws were adopted on PPPs and the pe-
                                          culiarities of transfer into rent or con-      The investment climate in Ukraine is
                                          cession of such objects as DH heating,         extremely low according to the evalua-
                                          water supply and sanitation, along with        tion of the international community. Our
Institutions                                                                                     Latin Infrastructure Quarterly   13
country comes in last positions in the         methodology, the preparation of training      (1.5 years). But for such a short period,
world ratings that appraise the environ-       program and the development of commu-         quite a lot have been done: a number of
ment for business activity, taxation sys-      nicative strategies.                          analytical researches and scientific and
tems, court systems, corruption, etc. At           In the current situation it is very im-   scientific-popular publications on PPP
the same time, in 2010 the President of        portant to attract scientists, professional   issues have been prepared, a number of
Ukraine,Victor Yanukovych, adopted the         consultants and specialists to prepare the    conferences and round tables on PPP is-
program of economic reforms that covers        methodological basis in the PPP field, as     sues have been conducted and trainings
wide circle of issues, including adminis-      well as study the experience of infrastruc-   for the representatives of the public au-
trative, court, budget, tax, housing and       ture project implementation in countries      thorities have been held. It has started
regulatory reforms. It is very difficult to    that have started the similar processes       work on the development of pilot projects
implement such serious reforms simulta-        in conditions similar to Ukraine’s to-        that will allow for the preparation and im-
neously in many fields of economic activ-      day, spreading the experience among the       plementation of PPP projects in Ukraine
ity. It requires attracting highly qualified   public authorities and population. In our     in various different spheres of economic
specialists, experience conducting such        opinion the most useful for our country       activities and ensure its replication. The
reforms in the world, and of course time.      could be the experience of LatAm, where       Center actively cooperates with the Na-
Yet there is optimism over the beginning       the active implementation of PPP projects     tional Academy of Sciences and public
of wide-ranging reforms of the economy         started in the 1980’s.                        authority bodies in Ukraine and aboard,
and social sector in Ukraine, with im-             The establishment of the Ukrainian        and it participates in international activ-
provements to the climate for conducting       Public-Private Partnership Development        ity on PPP issues. The specialists of the
business, allowing the country to attract      Support Center (www.ukrppp.com), a            Center have started serious scientific re-
international capital in the near future for   non-governmental, non-commercial or-          searches on the development of public-
the implementation of large-scale infra-       ganization representing Ukrainian scien-      private partnership in Ukraine. We hope
structure projects based on PPP.               tists, was realized due to an understand-     that our activity will make it possible to
                                               ing of the importance of attracting private   speed up the creation of a favorable envi-
Institutional Environment                      capital for infrastructure modernization in   ronment for attracting of private business
                                               Ukraine. The center is still very young       to modernization of economy of Ukraine.
At the moment Ukraine is not ready in-
stitutionally to actively promote PPP
projects. Only this summer, the Decree          I. Zapatrina:
of the President of Ukraine established a
specially authorized body on PPP issues,        •	   Ph.D. in economics, 1985
the Ministry of economic Development            •	   Doctorate        in    economics
and Trade. There is still no regulation              (finance), 2009
of its work on PPP projects. The role of        •	   Professor, 2011
ministries in this process is not specified.    •	   Member of the UNECE Team of
The role of the institutions authorized in           Specialists on PPP 2011
                                                                         ,
the PPP sphere regarding the objects of         •	   Member of the expert council
municipal property is not determined.                on macroeconomics, trans-
(In Ukraine such objects include district            formations, international and
heating, water supply and sanitation sys-            regional development (eco-
tems, objects used for utilization of sol-           nomic sciences) of the High-
id waste, local electrical transport, city           est Attestation Commission of
roads, bridges, etc.). The public author-            Ukraine.
ity lacks the knowledge and experience          •	   The Honorary Award of the N
necessary for the implementation of PPP              ational Academy of Sciences
projects, which causes over-expectations             of Ukraine for assisting the sci-
in this field and increases the probability          ence, 2009
making non-optimal decisions for society.       •	   The Honorary Award of the National Agency of Ukraine on Ensuring
Certainly, it is easier to change the situa-         of Efficient Use of Energy Resources, 2010
tion in this sphere than to implement eco-      •	   The Honorary Award of the Ministry of Economy of Ukraine for many years
nomic reforms. It requires a system and              of diligent work related to economic policy implementation, 2011.
weighted approach, the development of
14              Latin Infrastructure Quarterly                                                                                      Institutions




                  The Colombian
LIQ Speaks with




                  Infrastructure Chamber
                                                                                                     a significant number of projects, due to the
                                                                                                     technical weaknesses of the governmental
                                                                                                     agencies, is currently the main issue block-
                                                                                                     ing private sector investment in public in-
                                                                                                     frastructure. This issue could be solved with
                                                                                                     more generous incentives for the private
                                                                                                     companies that, at their risk and with their
                                                                                                     money, assume the task of preparing and
                                                                                                     structuring infrastructure projects.

                                                                                                     What are the sectors receiving most of
                                                                                                     the infrastructure investment money?
                                                                                                         The 10-year plan issued by the Santos´s
                                                                                                     Administration calls for an investment in
                                                                                                     roads of about US$31 billion, of US$21.1
                                                                                                     billion in railroads, and of US$14 billion
                                                                                                     in urban massive transportation systems.

                                                                                                     What are the main projects in those
                                                                                                     sectors? And what projects are in the
  What´s the overall environment and               think that the government agencies in             works (planning, procurement)?
  reality for private sector participa-            charge of the structuring of new projects              The single most important infrastructure
  tion in the development of public                – and of the monitoring and follow–up of          project in Colombia in the next 10 years
  infrastructure?                                  current projects – could be strengthened,         will likely be the new subway for Bogotá,
      In general, Colombia´s government in         so as to have better technical and manage-        the capital. But this project still depends on
  the last two decades has been a friendly         ment capabilities. We also think that in          aligning the political will of the city admin-
  promoter of private sector participation in      the case of “private initiatives” –projects       istration and the national government.
  the development of public infrastructure.        where the initial proposal and the viabil-             In roads, the state agency in charge
  Since the early 90´s, Colombia has turned        ity studies don´t originate from the gov-         of promoting private sector investment
  to the private sector for the building, op-      ernment but from private investors – the          in public infrastructure (Instituto Na-
  eration and maintenance of roads, ports          incentives regime is still not adequate           cional de Concesiones, INCO, soon to
  and airports, with successful results. The       enough. President Santos´s administra-            be renamed as Agencia Nacional de In-
  current government is also a believer in         tion is working on a new bill to improve          fraestructura, ANI), is currently struc-
  the free market and in the benefits of rely-     the current regulation on this subject.           turing the upgrade of the corridor that
  ing on the private sector for tasks that can                                                       connects Bogotá with Buenaventura,
  free public resources for other vital state      Other than legislative obstacles, what            the main Colombian port at the Pacific
  duties, such as education and health care.       are the main issues blocking private sec-         Coast, and the construction of two high-
                                                   tor investment in public infrastructure?          ways that connect Bogotá with two dif-
  What´s your take on the current PPP                   Security and safety concerns used to         ferent points of the Venezuelan border.
  framework in Colombia? What could                be the main obstacles, but thanks to the
  be improved?                                     strengthening of our law enforcement in-          Who is mainly responsible for infra-
      Within a general positive take on the        stitutions in the last decade, this is not cur-   structure development: central or local
  current PPP framework in Colombia, we            rently a main issue. We think that the lack of    governments?
Institutions                                                                                          Latin Infrastructure Quarterly    15
     The general policy on infrastructure, and    Plan, the royalties from oil and mining         (Ruta del sol), and (iii) a tunnel (La Línea
the execution of the main strategic infra-        projects will also be a new source of fi-       Tunnel) that will cut through the central
structure projects (national highways, ports,     nancing for infrastructure projects.            mountain range, to connect the capital
railroads, airports), is part of the central                                                      more rapidly with the Pacific Coast.
government´s constitutional responsibili-         Is there a specific political leader, par-          On the local level, the expansion of
ties. The local governments are responsible       ty, NGO, think-tank, ministry, that has         Bogotá´s massive transit system is the
for infrastructure with a local scope (streets,   pushed for and/or is pushing for increas-       main project currently under construc-
provincial highways, mass transportations         ing involvement of the private sector in        tion. This does not include the subway,
systems). In general, the legal framework         the development of infrastructure?              which is still in a preliminary phase.
aims to promote coordination and joint ef-            In general, the Colombian govern-
forts. For example: Bogotá´s subway is            ment, led by President Juan Manuel San-
mainly a local responsibility, but it cannot      tos, is the main promoter of increasing
be done without the financial and technical       involvement of the private sector in the
support of the national government.               development of infrastructure. In pursu-
                                                  ing this policy, the current administration
Have those governments made the                   is deepening a strategic vision that has
development of infrastructure with                been promoted by various administrations
private sector participation a state              in the last two decades. Congress has sup-
policy?                                           ported these policies, at least since 1993.
    At the national level, there is indeed        The Colombian Chamber of Infrastruc-
an explicit policy for the development            ture, the main trade association that rep-
of infrastructure with private sector par-        resents the builders, consultants and con-
ticipation. It has been in place since the        cessionaires of infrastructure, has been
early 90´s, and nowadays most of the              an active participant and promoter of the
main national highways are operated by            public policy discussions in this area.
private companies, as well as the airports
and ports. The new national development           Last year we saw the launching of a few
                                                                                                     Gustavo Morales Cobo is a
plan includes many provisions aimed to            infrastructure funds in Colombia. Have             lawyer. This year he joined
promote public-private partnerships, not          these funds allocated part of their capital?       the Colombian Infrastructure
only in this sector, but also in education,       What projects are they looking into?               Chamber as deputy C.E.O.
health, and housing.                                  We do know for certain that at least one       He has also worked as deputy
    At the local level, some provinces            of these funds has allocated some capital          justice at the Colombian Con-
                                                                                                     stitutional Court, deputy C.E.O
have also promoted private sector par-            in one of the main highway projects cur-
                                                                                                     of the national insurance as-
ticipation, in state highways, for example.       rently under construction: the highway             sociation, and legal coun-
But they still depend mostly on traditional       connecting Bogotá with Girardot, a port            selor of various governmental
public works schemes that do not involve          located on the shore of the main riverway          agencies such as the Ministry
risk-taking from private companies.               in Colombia, the Magdalena River. We               of Finance, the National Plan-
                                                  also know that some of these funds are             ning Department and the
                                                                                                     Ministry of Communications
What are the main sources of fi-                  looking into new ports or the projected            and Transportation.
nance available for big infrastructure            expansion of existing ones. At the end
projects?                                         of September, the administration will an-
    The national state budget and the pro-        nounce a set of new projects, specifically
vincial and municipal budgets are still           structured with these kinds of funds or
the main sources of financing available           other institutional investors in mind.
for big infrastructure projects. But in the
last couple of decades, airports, ports           What are the most important projects
and highways have financed themselves             currently under procurement and
through various schemes or private sec-           construction?
tor participation, such as tolls. Pension             There are at least three very big impor-
funds and private equity firms are willing        tant projects under construction right now:
to participate, but they feel the regulatory          (i) the upgrade of Bogotá´s airport; (ii)
framework needs some adjustments. Ac-             the construction of a 1,000-kilometer high-
cording to the new National Development           way from Bogotá to the Caribbean Coast
16      Latin Infrastructure Quarterly                                                      Politics




Ecuador:
Infrastructure pushed from the top
As one of the most popular presidents in Ecuador dur-
ing recent years, Rafael Correa began 2011 strong. His
referendums on constitutional reforms showed without
a doubt that there is popular support for an extension
of his mandate, which has August 2013 as a horizon,
with the option of being re-elected until 2017.




C
                orrea therefore has time       work to improve the Pedernales-San Vi-
                to deliver one of the main     cente highway for refurbishment, expan-
                concerns of the population:    sion and maintenance. Also, the Montec-
                infrastructure investment.     risti-Jipijapa highway should be finished
                As we mentioned in a pre-      by this year.
vious article in LIQ, economic develop-            The country has around 40,000 km of
ment cannot be achieved if infrastructure      highways, of which only 20% are paved.
development is not in place. Without           Buses and even cheap taxis provide non-
roads, bridges, ports, airports you cannot     stop city transport for reasonable fares.
export or import products. Without ef-         The poor quality of the network has to
ficient infrastructure facilities, transport   date hindered the country’s competitive-
costs will increase and you will become        ness. The trans-Ecuadorian railway, built
less competitive in the global market.         towards the end of the 19th century and
    It seems that the Ecuadorian gov-          terminated in 1908, unites Guayaquil, at
ernment has this clear. In March 2011,         sea level, with Quito, high in the north
President Correa announced that the gov-       central Andes. This railway which ex-
ernment is seeking US$7 billion in infra-      tends for about 800 km needs renovation
structure concessions over the next five       and is used mostly for freight purposes.
years, with a focus on port, airport and           Because of the significant changes in
highway concessions.                           terrain and altitude in Ecuador that make
    Highways will be necessary for the         road travel slow and difficult, the use of
potential development of the mining in-        in-country flights is common. Ecuato-
dustry. There are expected investments of      riana, Saeta, and Tame are national com-
at least five mining projects that involve     panies that provide flight services within
Canadian, American and Chinese com-            Ecuador and from the international air-
panies. Ecuador is preparing the table         ports in the capital Quito and the port
for these investment demands by setting        city of Guayaquil to international routes.
up an $800 million program of highway          MTOP is seeking to invest nearly US$200
projects. Ecuador’s transport and public       million to overhaul airports under its na-
works ministry (MTOP) is carrying out          tional airport modernization plan.
Companies                             Latin Infrastructure Quarterly   17

In March 2011, President Correa announced that the
government is seeking US$7 billion in infrastructure
concessions over the next five years, with a focus on
port, airport and highway concessions.
18      Latin Infrastructure Quarterly                                                                                           Politics


    The main ports in Ecuador are              (PPP) projects. Judicial shortcomings         to in 2001 setting out the structure of the
Guayaquil, Manta, Esmeraldas and Puer-         regarding concession dispute arbitration,     new Quito International Airport. The City
to Bolivar. Ecuadorian ports specialize        contract enforcement and protection of        of Quito accepted the proposal and signed
in the movement of products related to         investor rights could be especially prob-     the concession and construction contracts
the action area: Esmeraldas movement           lematic. There is always the concern of       with CCC in 2002 for the design, financ-
predominates in the northern part of the       the risk of government expropriation.         ing, construction, and operation of the new
country, Manta specializes in sea prod-            Regulations established that the eco-     Quito International Airport, as well as the
ucts, Guayaquil in general cargo and Bo-       nomic equation of a contract must be          administration and operation of the current
livar in banana transport (80% of Ecuado-      maintained, paving the way for multiple       Mariscal Sucre International Airport.
rian banana production goes to Europe).        contract renegotiations and excessive             In 2005, CCC signed a $400 million
The country’s largest port is Guayaquil,       transfer of commercial risk to the state.     contract to act as prime contractor for the
which is facing problems with its access       Still, the new 2008 state constitution        construction of the New Quito International
channel, which only allows the entry of        made significant changes to the previ-        Airport in Ecuador. Since then, the project
ships with drafts (partially submerged in a    ous frameworks. Article 314 states that       has been expanded to over $400 million to
boat) of 9.75 up to 11 meters. The move-       the government is responsible for public      accommodate increasing passenger traffic
ment of cargo into and out of this main        and universal service provision, ensur-       and demand for cargo space.
port is around 70% of the total. Other         ing “fair” prices. Article 316 of the con-        Corporacion Quiport S.A. was a 100%
smaller private terminals, such as Balao       stitution states that “the state may, as an   privately owned capital firm originally
and La Libertad, maintain the largest flow     exception, delegate…exercising these          formed by Canadian companies AECON
of movement by transporting oil from           services…out to private initiative”. Arti-    and Airport Development Corporation
eastern Ecuador.                               cle 318 points out that public water and      (ADC), which later added U.S.-based
    Granted that there is a strong political   drainage services and the supply of drink-    HAS Development Corporation (HAS-
will supported by the population to upgrade    ing water will be rendered exclusively by     DC) and the Brazilian Andrade Gutierrez
aging and insufficient infrastructure, how     state-owned or community legal bodies.        Concessões (AGC). Quiport won the con-
well prepared Ecuador is to fulfill this?          These constitutional rules make ex-       cession, which awarded a 35 year-conces-

   Ecuador states explicitly in its constitution and laws that water and sanita-
  tion services must be provided publicly, making any concession projects in
                  this sector an exception rather than the rule.
    Ecuador must improve the consisten-        isting concession initiatives highly vul-     sion contract for the new airport and the
cy and quality of its legal, regulatory and    nerable to expropriation and obligatory       management of the existing Quito airport
institutional frameworks to better facili-     contract changes, also decreasing the         through the CCC. Since then, Quiport
tate concession projects. Also, compared       likelihood of developing new projects.        claims to have invested more than $70
to other countries in LatAm, Ecuador           Better regulation will require the estab-     million of its equity investment as well as
must improve its investment and finan-         lishment of dispute-resolution options        more than $350 million in international fi-
cial climates. Ecuador states explicitly in    for both the concessionaire and the state     nancing for this US$650 million project.
its constitution and laws that water and       that will limit hold-up and expropriation          On 2009 a decision by the transitional
sanitation services must be provided pub-      risks, more reliable arbitration schemes,     Ecuadorian Constitutional Court which
licly, making any concession projects in       improved criteria for awarding bids, more     found that the financing plan for the con-
this sector an exception rather than a rule.   transparency and fairness for contract        struction of the new airport found in the
However, legal and regulatory frame-           adjustments and better definition of risks    original concession contract was partially
works tend to be more open to road, port       that by law must be borne by the State.       unconstitutional under the new constitu-
and airport concessions.                           The Ecuadorian government has al-         tion of 2008. Under the concession con-
    Another issue is that Ecuador is in-       ready attempted to annul existing con-        tract Quiport was supposed to pay loans
creasingly reluctant to recognize inter-       cessions such as the Port of Manta, the       to international lenders, recoup its invest-
national arbitration rulings, which makes      Quito airport and select drinking-water       ment and make a profit through the fees it
the competitive playing field highly une-      concessions.                                  was given the authority to charge to airport
ven for private-sector firms that base their       A concession experience: the New          users both at the old Quito Airport, which
strength on efficiency grounds, reducing       Quito International Airport                   it also manages, and at the new airport dur-
their incentive to participate in conces-          The Canadian Commercial Corporation       ing the life of the concession. However
sions or in Public-Private Partnership         (CCC) made a proposal to the City of Qui-     the Constitutional Court ruled that the fees
Politics                                                                                              Latin Infrastructure Quarterly      19
charged to airport users were actually taxes      “technical objections.” Correa criticized       under a PPP approach is higher than un-
which could not be handled by a private           the business model assumed by the Mu-           der a traditional approach. But they forget
company under the new Constitution law.           nicipality for the construction of a new air    to quantify the amount of risks that a gov-
    Following the decision, the sides were        terminal and said that there was minimal        ernment would save by transferring them
forced to enter renegotiations of the conces-     investment made by the Canadian consor-         through a contract to a private party. These
sion contract. The Municipality of Quito,         tium partner in the project.                    include environmental risks, design and
which was set to receive US$1.5 million               “Unfortunately, the news is not good        construction risks, financial risks, opera-
per year as a concession fee, took the op-        with respect to the Quito airport, which        tion risks, etc., many of them, if allocated
portunity to seek a larger share of the profits   is being built by the Municipality, with        to the private partner, would represent a
from the new airport. After 18 months of in-      money from all Ecuadorians, by the way,”        tangible relief to the government.
tense negotiations, the parties successfully      Correa said in his regular Saturday radio           To talk about risk-identification and
reached agreement on legal, commercial            program. He also said that “it was a lie”       risk quantification could be a matter for
and financial terms for the project.              that the Canadian partner of the Munici-        another article, but part of the “PPP cul-
    In August 2010, during a ceremony             pality is investing enough, since, accord-      ture” that must be known and spread
with President Correa, the Mayor of               ing to the President, the bulk of the fund-     around our infrastructure environment is
Quito and a range of other high-level of-         ing comes from revenues generated by            that you cannot compare a PPP approach
ficials, the parties executed the strategic       the existing Mariscal Sucre airport.            with a traditional approach without quan-
alliance agreement, an amendment to the               Airport charges that travelers pay to       tifying the transferred risks.
concession contract and an affirmation            exit the airport Mariscal Sucre are among           Another thing of course is that a bad
of the investment protection agreement,           the highest in the continent, with a value      agreement was made between the gov-
which set forth the renegotiated terms of         exceeding $40, Correa recalled, stressing       ernment and the private partner. A bad
the concession for the Project.                   that this item is what, in his view, supports   value-for-money analysis could certainly
    The new airport will have a 4.1 km            truly the construction of the new terminal.     be detrimental for a government’s inter-
runway and be equipped to handle more                  “There is no foreign investment. The       ests. But in this case, Correa’s comments
than five million passengers and 270,000          investment is all from Ecuador. Maybe           referred only to the “lack of investment”
tonnes of cargo each year. The Ecuado-            there has been US$40 or US$70 million           of the private party without mentioning
rian government is set to receive nearly          from the Canadians over a proposed 600          anything about how the risk and responsi-
$900 million from the concession.                 million” in total, added the President.         bilities were allocated.
    But things from the top were not as           Therefore, he reiterated that “in addition          Despite this incident, we consider Ecua-
smooth always.                                    to an extremely questionable business           dor a good prospectus for infrastructure in-
    President Correa was initially very           model, the problem is that (the new air-        vestment. It is a country that is pushing from
critical to this project and made a typi-         port) has serious technical limitations.”       the top of the government an open agenda
cal mistake many government authorities               However, President Correa did not           to receive foreign investments (as President
commit when they evaluate concession or           mention anything about the transfer of          Correa noted some months ago). Potential
PPP projects.                                     risks within the contract and who was as-       deals at pre-procurement stage also in-
    In 2007 Correa said that the new air-         suming them. The typical (and sometimes         clude mining (over US$6 billion), oil (over
port in Quito, built by the Municipality of       intentional) mistake of many government         US$1.5 billion), ports (over US$300 mil-
Quito in an area near the city, had several       authorities opposing PPPs is that the cost      lion) and tourism (over US$200 million).


Author Biography
PwC Canada | Vice President, Infrastructure & Project Finance | Mon-
treal Office
adrian.barrios@ca.pwc.com

Adrian Barrios has 10 years of professional experience in project finance,
business valuation, mergers and acquisitions, financial modeling, feasibil-
ity analysis, microfinance and financial audit. In the last 5 years he has led
more than 50 business valuations and transaction projects in Canada,
Peru and Ecuador. His experience comprises the mining, energy, financial
services, agribusiness, infrastructure and commercial sectors. He holds
an MBA from ESADE Business School and is BA in Economics from the
Universidad del Pacífico.
20   Latin Infrastructure Quarterly                Infrastructure Financing




                                 Value for Money

         When are PPPs the
          best alternative?
Infrastructure Financing                                                                             Latin Infrastructure Quarterly   21



A
Value for Money                                may be used to indicate the cost of public          The PSC is a hypothetical estimated
                                               provision and determine if the best pri-        cost of a project under the public sector if
                   growing number of           vate sector quotation for a PPP contract        the government runs it, and is also a cost
                   countries have created      is more profitable for the state in terms       model (and in some cases an income mod-
                   Public Private Partner-     of optimizing the effectiveness and effi-       el) associated with a project implemented
                   ships (PPP) to promote      ciency of spending. This is called value        by the government based on the most ef-
                   the offer of assets and     for money (VFM).                                ficient method of providing a result that is
services of infrastructure by the private          VFM is an analytical methodology that       currently available to the public sector. It
sector. The experiences gained in dif-         compares the cost of public infrastructure      also takes into consideration the potential
ferent countries could indicate that eco-      development under the traditional imple-        impact of risks on the costs (and revenues)
nomic infrastructure is generally a more       mentation approaches in charge of the           associated with the project during its life.
conducive environment for the creation         public sector and PPP with private sector       Developing the Financial Model will in-
of these kinds of partnerships than social     support.                                        clude an estimation of the present value of
infrastructure (e.g., health care and edu-         The comparison is performed based           costs for the Government to develop and
cation) for three main reasons.                on the total project cost over a period of      maintain the project with exactly the same
    First, the solid project designed to       time. Because the costs are taken into con-     standards required for performance from
solve obvious limitations of infrastruc-       sideration for an extended period and the       the private sector investor.
tures such as roads, railways, ports and       costs are incurred in a comparable man-             Alternatively, private execution of an
electricity. The economic infrastructure       ner by the public sector, under a tradition-    infrastructure project is measured through
projects usually have high rates of finan-     al approach and under a PPP, the costs are      a shadow bid, which represents the cost to
cial profitability and therefore are attrac-   expressed at net present value. The VFM         run a project as a PPP and constitutes the
tive for the private sector. Second, often     also takes into consideration the risks, be-    simulation of the cost that a bidder would
the collection of user fees becomes more       cause the risks are an integral part of total   propose, reflecting all costs that the pri-
feasible and more convenient in econom-        project costs. This analysis will integrate     vate partner will assume:
ic infrastructures projects. Third, usually    the information from previous activities,
economic infrastructure projects have a        of the financial models prepared: the pub-       •	    Design and construction costs
more developed market to combine the           lic sector comparator and the test result        •	    Operating Costs
construction with the provision of serv-       value for money.                                 •	    Maintenance costs and life cycle
ices (e.g., construction, operation and            The cost of implementing a project           •	    Financing costs
maintenance of a toll road) than social in-    under the traditional implementation ap-
frastructure projects. Given these consid-     proach is called determined by what is                Inside the structure of the private
erations, it is not surprising that PPPs are   called a public sector comparator. The          partner entities there are several differ-
used preponderantly for road infrastruc-       cost of a project under a PPP approach is       ent sources of funding. This should be
ture, as in several LatAm countries.           given as a “shadow bid” or “shadow offer”       reflected in the shadow bid, including any
    In general, the decision to make a PPP     because it represents the cost that a bid-      user fee or revenues from third parties
should be adopted if it is properly justi-     der may propose. The comparison of the          that the private partner may receive.
fied, which can follow a two stage proc-       PSC and the shadow bid shows whether                The description of the shadow bid
ess. The first stage consists of defining if   or not there is VFM to run a project under      must be from the technical project and
it is desirable to undertake a particular      a PPP.                                          contain:
project, based on solid investment plan-

                                                 VFM is an analytical methodology
ning procedures and evaluation of projects
(e.g., using cost-benefit analysis). An
important step in this first stage is clas-
sifying all projects in order of importance      that compares the cost of public infra-
according to their profitability (economic
or social) and decide which are accessible
from the fiscal point of view and worth
                                                 structure development under the tra-
undertaking.
    The second step is to decide whether
                                                 ditional implementation approaches
a project that is considered convenient
should be approached through a tradition-
                                                 in charge of the public sector and PPP
al procurement system or PPP. For this
purpose a public sector comparator (PSC)         with private sector support.
22      Latin Infrastructure Quarterly                                                                           Infrastructure Financing


 •	   Project description and evaluation        the remuneration in exchange for certain        regarding both economic and social infra-
      horizon                                   defined services that always comply fully       structure development when determining
 •	   Description of the services to be         with a battery of performance indicators.       the best choice for development. In the
      contracted                                     From the economic point of view APP        particular case of Peru, the Law of Pub-
 •	   Schedule of work                          scheme presents significant differences         lic Private Partnerships the DL. No. 1012,
 •	   Program investment and total              with the traditional method as may be           includes the extensive implementation of
      investment                                seen in the figure below:                       the methodology of VFM to all projects
 •	   Operation and maintenance                      That is, in the traditional scheme the     of PPPs from 2012 with the application of
      program                                   government pays from the start the work         the Comparator Public Peruvian.
 •	   Structure of private financing            and then the operation and maintenance
 •	   Description of the payment                while the PPP scheme only pay for serv-          JAIME JESUS BETALLELUZ
      mechanism                                 ices when they are received (after the           FERNANDINI
 •	   Analysis of risks and                     conclusion of the work).
      responsibilities.                              The test of value for money involves        Infrastructure, Government & Utili-
                                                comparing both values to which they have         ties Advisor
    In conjunction with the analysis of risks   incorporated the most probable value of
and responsibilities, the shadow bid should     the identified risks to determine if the PPP     Business Administration, Master’s
include measured services to be contracted      contract would be more convenient for            studies concluded, with over 15
with the basic principle that responsibili-     the government than traditional develop-         years of professional experience,
                                                                                                 mainly in consultancy work, coun-
ties and risks should be assigned to the en-    ment methods. In the event that it would
                                                                                                 seling and teaching. Among the
tity best able to develop them.                 not be beneficial to the state, other options
                                                                                                 main areas of professional devel-
     The result will be a document describ-     should be explored that would yield simi-        opment can be highlighted: or-
ing the Project, the determination of serv-     lar results.                                     ganizational improvement, finan-
ices to be contracted, the general descrip-          The main objective of PPP projects is       cial evaluation of projects and the
tion of the payment mechanism and the           to achieve a higher VFM for the public           promotion of investment in public
estimated annual payment for contracted         sector. This specific point is one of the        infrastructure. Financial Special-
services.                                       most complicated in the structuring of           ist of “El Metropolitano” project for
    Finally, the shadow bid must be based       PPPs because, to properly determine the          the Metropolitan Institute of Trans-
on a partnership agreement (the PPP con-        VFM, the costs must be well determined           portation of Lima (PROTRANS-
tract) that the public authority must pro-      and the risk well localized and quantified       PORTE). He has worked the past
pose to the market if the project was ex-       to avoid reaching erroneous conclusions.         three years as General Coordi-
                                                                                                 nator of Government Services in
ecuted as private sector participation.         Public Sector Comparator is a tool that
                                                                                                 PricewaterhouseCoopers Peru, re-
                                                allows determine if you are getting value
                                                                                                 sponsible for the implementation
Value for Money determination                   for money. The comparison to make is             of projects for the improvement of
                                                shown in the figure below:                       public services and infrastructure
For a VFM analysis, the same discount                 It is worth noting that the essential      development through PPPs.
rate should be used to compare the cost of      part of analysis is the initial estimate of
the PSC and shadow bid both expressed           investment costs by a technical advisor to
as Net Present Value (NPV) calculated on        the government, as well as the risks iden-
the same date. The discount rate should         tified. This will include an estimation of
be based on the risk-free cost of funds ac-     all investments according to the specifi-
cessible to the public sector authority.        cations required for the project, operating
    As already mentioned the PSC is the         and maintenance costs. The cost estimates
present value of all costs incurred by the      should reflect various adjustments that
government for services included in the         will be determined in accordance with the
contract for the provision of long term         accounting and tax treatment to consider
services for the duration of this, based on     in the shadow bid. When the Public Sec-
cost estimates that are affected to reflect     tor Comparator performs the VFM test,
the value of identified risks.                  the best alternative must correspond to
    For its part the shadow bid is the          what generates a lower NPV.
present value cost of the services con-              Currently the implementation of this
tracted to an investor. It is not the pay-      methodology allows countries like Can-
ment for work or specific activities but        ada and Chile to make better decisions
Companies   Latin Infrastructure Quarterly   23
24      Latin Infrastructure Quarterly                                                                                         Politics




MEXICAN
HIGHWAYS
Towards a new service concept

Mexico’s Infrastructure Plan                      ing considered, to be split as shown      •	   Improving coordination among fed-
(NIP) 2012                                        below:                                         eral, state and local administrations.
                                             •	   MXN$33.06         billion     Private     •	   The Government’s goals for 2012 are
In order to attain its 2030 goal of being         Investment                                     the following:
ranked in the top 30 of the World Eco-       •	   MXN$8.7 billion National Infra-           •	   Build or modernize 17,598 kilom-
nomic Forum’ s Infrastructure Competi-            structure Fund (NIF)                           eters of highways and rural roads.
tive Index, Mexico has developed a new       •	   MXN$5.33 billion Banobras: Na-            •	   Increase from 72% to 90% the area
strategic plan that will steer the country        tional Development Bank                        of federal highway network operat-
into raising the coverage and quality of     •	   MXN$147.2 billion National Budget              ing in good condition according to
its infrastructure net by 2012.                                                                  international standards.
     According to that index, Mexico was        A total amount of MXN$226 billion           •	   Reduce the accident rate from 0.47
ranked 71st out of 133 countries in 2009-    will be invested throughout 2007- 2012,             to 0.25 for every million vehicles per
2010, with the following itemization:        of which MXN$150 billion will be de-                kilometer.
     AIRPORTS 56TH                           voted to roads.
     RAILWAYS 66TH                              The NIP establishes priority projects       Highways Strategic Plan: BANO-
     PORTS 82ND                              and will increase public and private re-       BRAS leading Role
     HIGHWAYS 57TH                           sources allocated to their development by
     TELECOMMUNICATIONS 65TH                 means of the following:                        Mexico has taken a decisive step in im-
     The aim of the plan is to increase                                                     proving its road network, which is vi-
economic growth as well as permanent         •	   improving the planning, prepara-          tal for interconnecting the country’s
job creation by developing transporta-            tion, administration and execution        vast territory of nearly 2 million square
tion, communications, water and energy            of the projects by considering tech-      kilometers.
to make Mexico one of the main logistic           nical, economic and environmental             The network now covers over 360,000
platforms and promote regional develop-           feasibility;                              kilometers, of which nearly 4,000 are toll
ment and tourism.                            •	   actively promoting public-private         roads administered by Banobras. One of
                                                  partnerships;                             these is the 148-kilometer main road join-
•	   Regarding the financial requirements    •	   eliminating unnecessary regulations and   ing Guadalajara, the country’s second-
     for 2012, MXN$189.8 billion is be-           simplifying contracting procedures;       largest and second-most populous city, to
Politics                                       Latin Infrastructure Quarterly   25
the town of Colima, and finally to Manza-
nillo, the most important port on Mexico’s
Pacific coast.
    The following strategies are to be fol-
lowed in order to achieve the goals pre-
viously pointed by the NIP (www.infrae-
structura.gob.mx)

1.	 Complete the modernization of the
     transversal and longitudinal road net-
     work (national corridors) that com-
     municates the country’s main cities,
     ports, borders and tourist centers
     with high-specification highways.
2.	 Build inter-regional roads to improve
     communication among regions and
     improve connectivity of the highway
     network.
3.	 Place special emphasis on the con-
     struction of bypasses and access
     roads to facilitate the continuous
     flow of vehicles.
4.	 Improve the condition of all highway
     infrastructures and reduce the acci-
     dent rate.
    Banobras is the Mexican National De-
velopment Bank in charge of financing
infrastructure, acting both as a develop-
ment bank and as a Trustee of the Nation-
al Infrastructure Fund (NIF).
    As a development bank, it provides
clients such as municipalities with limited
potential leverage capability, to pack their
infrastructure projects in order to create a
bankable standard vehicle that eases loan
requirements.
    On the other hand, its project finance
helps to reduce the risk on the first stages
(with less cash flow) by offering financial
guarantees and loan syndications, there-
fore lowering equity requirements and
public resources.
    As a trustee of the NIF, it promotes
private partnership by supporting projects
with limited financial profitability and
owning non-desired investor’s risks.
    To sum up, Mexico will guarantee
macroeconomic stability and financial
markets development to proceed with the
infrastructure agenda, funding all projects
through Banobras and the NIF, though
international investment is possible for
26   Latin Infrastructure Quarterly           Politics




Mexico has taken a decisive step in improving
its road network, which is vital for interconnect-
ing the country’s vast territory of nearly 2 mil-
lion square kilometers.
Politics                                                                                              Latin Infrastructure Quarterly      27
                                               economical and improvements in services            (which will support the development of the
                                               are a way to get it. The highest traffic attrac-   management and monitoring system)
                                               tion will depend on the quality of possible al-
                                               ternative routes. Mexican authorities looking      Strategic Hub
                                               for a way to change and to prioritize service
                                               and safety decided to change these roles. On       Located in Mexico’s Central-Western re-
                                               the other hand, it’s a fact that in Mexican        gion, the highway that links the towns of
                                               Motorways the high toll payment evasion,           Guadalajara, Colima and Manzanillo runs
                                               sometimes, even by the own concessionary.          northeast to southeast, crossing the Mexi-
                                                   In any toll highway we can separate            can States of Jalisco and Colima.
                                               five different actions to be done:                      An average of 10,000 vehicles trav-
                                                   The new idea, developed by Banobras in         els it daily, of which 28% are for heavy
                                               order to apply to its highways network, is to      transport, largely from the port of Manza-
                                               divide these functions in different individual     nillo. It has two toll collection points and
                                               agents – though some of these could be joined      a four-lane roadway, except for one 58-
                                               to get better results. To divide and make in-      kilometer section where work has already
                                               dependent the different tasks and to pay de-       begun to enlarge the road.
                                               pending on the real administration objectives           It was built in 1983 and belongs to one
                                               allows for better controls and checking.           of the country’s five major logistical cor-
                                               •	 External audits: AE agent                       ridors, linking east to west with another
                                               •	 Technical direction and control: AAs            major port, Tampico, on the Gulf of Mex-
                                                    agent                                         ico. From there, it connects the country
                                               •	 Operation: O agent                              to its two major markets in the north: the
strengthening financial structures and ac-     •	 Maintenance: M agent                            United States and Canada. Once the five
celerate all processes.                        •	 Rehabilitation: R agent                         pending sections of main road are com-
    By focusing investments towards                Different models have been studied             pleted, the Manzanillo–Tampico corridor
early stage projects, organizational speed     and compared depending on their advan-             will reduce the distance between the two
as well as portfolio size has considerably     tages or disadvantages in order to find the        coasts to less than a thousand kilometers
increased.                                     best way to obtain the objectives and to
    In this vein, legal and institutional      make the project attractive for the differ-        The Route
updates will accelerate tender procedures      ent interested agents.
and will generate new investments by de-           In February 2011, INECO, a leading a           The main road connects four major popu-
leting private partners’ uncertainties.        group of Spanish and Mexican companies             lation centers (with over 100,000 inhabit-
                                               won a contract for the total amount of 620         ants each) and 20 smaller towns. It starts in
From Guadalajara to Colima: a                  million pesos (roughly EUR 37 million)             Guadalajara, capital of the State of Jalisco
route to efficiency for Mexico                 to perform this supervisory work for the           and Mexico’s second-largest city. Ciudad
                                               next 14 years.                                     Guzmán, 139 kilometers to the south, is
    A new, alternative concession model            Two other Spanish companies will               also located in the State of Jalisco.
is being applied to this new toll road, in     be participating: APIA XXI (involved                   The section covered by the concession
which, unlike traditional models, opera-       in project supervision and management,             ends in the State of Colima, in the city by
tional, management, maintenance and            structure monitoring and pavement                  the same name. Another 97 kilometers
other tasks are divided among different        management) and TEKIA (in charge of                away is the port enclave of Manzanillo,
independent companies, monitored by an         electronic toll collection and Intelligent         for which the main road represents an es-
“administrative and supervisory agent.”        Transport Systems, or ITS).                        sential communications link. A total of
    Traditionally, the organization of toll        They will be joined by three Mexican           455,000 people reside in the metropolitan
highways has been assumed by a unique          firms: SEMIC (which will be providing              area located around Colima, Manzanillo,
operator that played all the possible roles    support for instrumentation and control,           Villa de Álvarez and Tecomán, compris-
and only reported to the Administration.       preparing informative profiles and moni-           ing 70% of the state’s total population.
This THC (Toll Highway Concessionary)          toring standards), the law firm Casares-               The area’s economic hub is the port of
was paid by highway tolls.                     Castelazo-Frías-Tenorio-Zárate          (which     Manzanillo. Its location gives it a privileged
    A change was necessary, at least in Mex-   will be responsible for legal mattress and         position on commercial routes to Asian
ico Motorways, basically by two different      consultancy on insurance, easements and            markets in the west, the United States to the
reasons. The principal aim of concessions is   administrative processes) and GRADO 3A             north and South America to the south.
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2
Latin Infrastructure Quarterly Issue 2

Más contenido relacionado

Similar a Latin Infrastructure Quarterly Issue 2

Analysis of national and international eu regulation
Analysis of national and international eu regulationAnalysis of national and international eu regulation
Analysis of national and international eu regulationKarlos Svoboda
 
5G innovation opportunities - A discussion paper
5G innovation opportunities - A discussion paper5G innovation opportunities - A discussion paper
5G innovation opportunities - A discussion papertechUK
 
Prop Tech 3.0 - The Future of Real Estate
Prop Tech 3.0 - The Future of Real EstateProp Tech 3.0 - The Future of Real Estate
Prop Tech 3.0 - The Future of Real EstateEdward Lange
 
Final background report - e-agriculture strategies in ACP
Final background report - e-agriculture strategies in ACPFinal background report - e-agriculture strategies in ACP
Final background report - e-agriculture strategies in ACPNawsheen Hosenally
 
BNamericas Corporate ppt
BNamericas Corporate pptBNamericas Corporate ppt
BNamericas Corporate pptludhiarich
 
2013 Italian Report on Cyber Security - Critical Infrastructure and other sen...
2013 Italian Report on Cyber Security - Critical Infrastructure and other sen...2013 Italian Report on Cyber Security - Critical Infrastructure and other sen...
2013 Italian Report on Cyber Security - Critical Infrastructure and other sen...AmmLibera AL
 
The State of the Canadian Program Rights Market: 2014
The State of the Canadian Program Rights Market: 2014The State of the Canadian Program Rights Market: 2014
The State of the Canadian Program Rights Market: 2014friendscb
 
451 Research - Report Schedule & Overview Nov 2011
451 Research - Report Schedule & Overview Nov 2011451 Research - Report Schedule & Overview Nov 2011
451 Research - Report Schedule & Overview Nov 2011jdavidmcmahon3
 
Urban Air Mobility (UAM) Market Future Business Opportunities 2023 to 2035
Urban Air Mobility (UAM) Market Future Business Opportunities 2023 to 2035Urban Air Mobility (UAM) Market Future Business Opportunities 2023 to 2035
Urban Air Mobility (UAM) Market Future Business Opportunities 2023 to 2035Harsh Singla
 
Global Urban Air Mobility (UAM) Market.pdf
Global Urban Air Mobility (UAM) Market.pdfGlobal Urban Air Mobility (UAM) Market.pdf
Global Urban Air Mobility (UAM) Market.pdfMohit BISResearch
 
Sectoral innovation foresight
Sectoral innovation foresightSectoral innovation foresight
Sectoral innovation foresightatelier t*h
 

Similar a Latin Infrastructure Quarterly Issue 2 (20)

Bylaws: BDPA Atlanta
Bylaws: BDPA AtlantaBylaws: BDPA Atlanta
Bylaws: BDPA Atlanta
 
Analysis of national and international eu regulation
Analysis of national and international eu regulationAnalysis of national and international eu regulation
Analysis of national and international eu regulation
 
5G innovation opportunities - A discussion paper
5G innovation opportunities - A discussion paper5G innovation opportunities - A discussion paper
5G innovation opportunities - A discussion paper
 
Prop Tech 3.0 - The Future of Real Estate
Prop Tech 3.0 - The Future of Real EstateProp Tech 3.0 - The Future of Real Estate
Prop Tech 3.0 - The Future of Real Estate
 
Guide for prospective start-ups in robotics
Guide for prospective start-ups in roboticsGuide for prospective start-ups in robotics
Guide for prospective start-ups in robotics
 
Infrastructure investment latin america 2011
Infrastructure investment latin america 2011 Infrastructure investment latin america 2011
Infrastructure investment latin america 2011
 
Asamblea Anual 2009 PRTEC
Asamblea Anual 2009 PRTECAsamblea Anual 2009 PRTEC
Asamblea Anual 2009 PRTEC
 
WIPAC Monthly - November 2017
WIPAC Monthly - November 2017WIPAC Monthly - November 2017
WIPAC Monthly - November 2017
 
Final background report - e-agriculture strategies in ACP
Final background report - e-agriculture strategies in ACPFinal background report - e-agriculture strategies in ACP
Final background report - e-agriculture strategies in ACP
 
Final background report - e-agriculture strategies in ACP
Final background report - e-agriculture strategies in ACPFinal background report - e-agriculture strategies in ACP
Final background report - e-agriculture strategies in ACP
 
Mantaining Europe
Mantaining EuropeMantaining Europe
Mantaining Europe
 
BNamericas Corporate ppt
BNamericas Corporate pptBNamericas Corporate ppt
BNamericas Corporate ppt
 
2013 Italian Report on Cyber Security - Critical Infrastructure and other sen...
2013 Italian Report on Cyber Security - Critical Infrastructure and other sen...2013 Italian Report on Cyber Security - Critical Infrastructure and other sen...
2013 Italian Report on Cyber Security - Critical Infrastructure and other sen...
 
Itu final report
Itu final reportItu final report
Itu final report
 
The State of the Canadian Program Rights Market: 2014
The State of the Canadian Program Rights Market: 2014The State of the Canadian Program Rights Market: 2014
The State of the Canadian Program Rights Market: 2014
 
451 Research - Report Schedule & Overview Nov 2011
451 Research - Report Schedule & Overview Nov 2011451 Research - Report Schedule & Overview Nov 2011
451 Research - Report Schedule & Overview Nov 2011
 
Urban Air Mobility (UAM) Market Future Business Opportunities 2023 to 2035
Urban Air Mobility (UAM) Market Future Business Opportunities 2023 to 2035Urban Air Mobility (UAM) Market Future Business Opportunities 2023 to 2035
Urban Air Mobility (UAM) Market Future Business Opportunities 2023 to 2035
 
Global Urban Air Mobility (UAM) Market.pdf
Global Urban Air Mobility (UAM) Market.pdfGlobal Urban Air Mobility (UAM) Market.pdf
Global Urban Air Mobility (UAM) Market.pdf
 
WIPAC Monthly - February 2016
WIPAC Monthly - February 2016WIPAC Monthly - February 2016
WIPAC Monthly - February 2016
 
Sectoral innovation foresight
Sectoral innovation foresightSectoral innovation foresight
Sectoral innovation foresight
 

Último

digital marketing , introduction of digital marketing
digital marketing , introduction of digital marketingdigital marketing , introduction of digital marketing
digital marketing , introduction of digital marketingrajputmeenakshi733
 
Driving Business Impact for PMs with Jon Harmer
Driving Business Impact for PMs with Jon HarmerDriving Business Impact for PMs with Jon Harmer
Driving Business Impact for PMs with Jon HarmerAggregage
 
20220816-EthicsGrade_Scorecard-JP_Morgan_Chase-Q2-63_57.pdf
20220816-EthicsGrade_Scorecard-JP_Morgan_Chase-Q2-63_57.pdf20220816-EthicsGrade_Scorecard-JP_Morgan_Chase-Q2-63_57.pdf
20220816-EthicsGrade_Scorecard-JP_Morgan_Chase-Q2-63_57.pdfChris Skinner
 
20200128 Ethical by Design - Whitepaper.pdf
20200128 Ethical by Design - Whitepaper.pdf20200128 Ethical by Design - Whitepaper.pdf
20200128 Ethical by Design - Whitepaper.pdfChris Skinner
 
BAILMENT & PLEDGE business law notes.pptx
BAILMENT & PLEDGE business law notes.pptxBAILMENT & PLEDGE business law notes.pptx
BAILMENT & PLEDGE business law notes.pptxran17april2001
 
Supercharge Your eCommerce Stores-acowebs
Supercharge Your eCommerce Stores-acowebsSupercharge Your eCommerce Stores-acowebs
Supercharge Your eCommerce Stores-acowebsGOKUL JS
 
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...Hector Del Castillo, CPM, CPMM
 
WSMM Media and Entertainment Feb_March_Final.pdf
WSMM Media and Entertainment Feb_March_Final.pdfWSMM Media and Entertainment Feb_March_Final.pdf
WSMM Media and Entertainment Feb_March_Final.pdfJamesConcepcion7
 
Memorándum de Entendimiento (MoU) entre Codelco y SQM
Memorándum de Entendimiento (MoU) entre Codelco y SQMMemorándum de Entendimiento (MoU) entre Codelco y SQM
Memorándum de Entendimiento (MoU) entre Codelco y SQMVoces Mineras
 
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptxThe-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptxmbikashkanyari
 
Pitch Deck Teardown: Xpanceo's $40M Seed deck
Pitch Deck Teardown: Xpanceo's $40M Seed deckPitch Deck Teardown: Xpanceo's $40M Seed deck
Pitch Deck Teardown: Xpanceo's $40M Seed deckHajeJanKamps
 
Cybersecurity Awareness Training Presentation v2024.03
Cybersecurity Awareness Training Presentation v2024.03Cybersecurity Awareness Training Presentation v2024.03
Cybersecurity Awareness Training Presentation v2024.03DallasHaselhorst
 
TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024Adnet Communications
 
1911 Gold Corporate Presentation Apr 2024.pdf
1911 Gold Corporate Presentation Apr 2024.pdf1911 Gold Corporate Presentation Apr 2024.pdf
1911 Gold Corporate Presentation Apr 2024.pdfShaun Heinrichs
 
Send Files | Sendbig.comSend Files | Sendbig.com
Send Files | Sendbig.comSend Files | Sendbig.comSend Files | Sendbig.comSend Files | Sendbig.com
Send Files | Sendbig.comSend Files | Sendbig.comSendBig4
 
Horngren’s Financial & Managerial Accounting, 7th edition by Miller-Nobles so...
Horngren’s Financial & Managerial Accounting, 7th edition by Miller-Nobles so...Horngren’s Financial & Managerial Accounting, 7th edition by Miller-Nobles so...
Horngren’s Financial & Managerial Accounting, 7th edition by Miller-Nobles so...ssuserf63bd7
 
Jewish Resources in the Family Resource Centre
Jewish Resources in the Family Resource CentreJewish Resources in the Family Resource Centre
Jewish Resources in the Family Resource CentreNZSG
 
Planetary and Vedic Yagyas Bring Positive Impacts in Life
Planetary and Vedic Yagyas Bring Positive Impacts in LifePlanetary and Vedic Yagyas Bring Positive Impacts in Life
Planetary and Vedic Yagyas Bring Positive Impacts in LifeBhavana Pujan Kendra
 
Fordham -How effective decision-making is within the IT department - Analysis...
Fordham -How effective decision-making is within the IT department - Analysis...Fordham -How effective decision-making is within the IT department - Analysis...
Fordham -How effective decision-making is within the IT department - Analysis...Peter Ward
 

Último (20)

digital marketing , introduction of digital marketing
digital marketing , introduction of digital marketingdigital marketing , introduction of digital marketing
digital marketing , introduction of digital marketing
 
Driving Business Impact for PMs with Jon Harmer
Driving Business Impact for PMs with Jon HarmerDriving Business Impact for PMs with Jon Harmer
Driving Business Impact for PMs with Jon Harmer
 
20220816-EthicsGrade_Scorecard-JP_Morgan_Chase-Q2-63_57.pdf
20220816-EthicsGrade_Scorecard-JP_Morgan_Chase-Q2-63_57.pdf20220816-EthicsGrade_Scorecard-JP_Morgan_Chase-Q2-63_57.pdf
20220816-EthicsGrade_Scorecard-JP_Morgan_Chase-Q2-63_57.pdf
 
20200128 Ethical by Design - Whitepaper.pdf
20200128 Ethical by Design - Whitepaper.pdf20200128 Ethical by Design - Whitepaper.pdf
20200128 Ethical by Design - Whitepaper.pdf
 
BAILMENT & PLEDGE business law notes.pptx
BAILMENT & PLEDGE business law notes.pptxBAILMENT & PLEDGE business law notes.pptx
BAILMENT & PLEDGE business law notes.pptx
 
The Bizz Quiz-E-Summit-E-Cell-IITPatna.pptx
The Bizz Quiz-E-Summit-E-Cell-IITPatna.pptxThe Bizz Quiz-E-Summit-E-Cell-IITPatna.pptx
The Bizz Quiz-E-Summit-E-Cell-IITPatna.pptx
 
Supercharge Your eCommerce Stores-acowebs
Supercharge Your eCommerce Stores-acowebsSupercharge Your eCommerce Stores-acowebs
Supercharge Your eCommerce Stores-acowebs
 
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
 
WSMM Media and Entertainment Feb_March_Final.pdf
WSMM Media and Entertainment Feb_March_Final.pdfWSMM Media and Entertainment Feb_March_Final.pdf
WSMM Media and Entertainment Feb_March_Final.pdf
 
Memorándum de Entendimiento (MoU) entre Codelco y SQM
Memorándum de Entendimiento (MoU) entre Codelco y SQMMemorándum de Entendimiento (MoU) entre Codelco y SQM
Memorándum de Entendimiento (MoU) entre Codelco y SQM
 
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptxThe-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
 
Pitch Deck Teardown: Xpanceo's $40M Seed deck
Pitch Deck Teardown: Xpanceo's $40M Seed deckPitch Deck Teardown: Xpanceo's $40M Seed deck
Pitch Deck Teardown: Xpanceo's $40M Seed deck
 
Cybersecurity Awareness Training Presentation v2024.03
Cybersecurity Awareness Training Presentation v2024.03Cybersecurity Awareness Training Presentation v2024.03
Cybersecurity Awareness Training Presentation v2024.03
 
TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024
 
1911 Gold Corporate Presentation Apr 2024.pdf
1911 Gold Corporate Presentation Apr 2024.pdf1911 Gold Corporate Presentation Apr 2024.pdf
1911 Gold Corporate Presentation Apr 2024.pdf
 
Send Files | Sendbig.comSend Files | Sendbig.com
Send Files | Sendbig.comSend Files | Sendbig.comSend Files | Sendbig.comSend Files | Sendbig.com
Send Files | Sendbig.comSend Files | Sendbig.com
 
Horngren’s Financial & Managerial Accounting, 7th edition by Miller-Nobles so...
Horngren’s Financial & Managerial Accounting, 7th edition by Miller-Nobles so...Horngren’s Financial & Managerial Accounting, 7th edition by Miller-Nobles so...
Horngren’s Financial & Managerial Accounting, 7th edition by Miller-Nobles so...
 
Jewish Resources in the Family Resource Centre
Jewish Resources in the Family Resource CentreJewish Resources in the Family Resource Centre
Jewish Resources in the Family Resource Centre
 
Planetary and Vedic Yagyas Bring Positive Impacts in Life
Planetary and Vedic Yagyas Bring Positive Impacts in LifePlanetary and Vedic Yagyas Bring Positive Impacts in Life
Planetary and Vedic Yagyas Bring Positive Impacts in Life
 
Fordham -How effective decision-making is within the IT department - Analysis...
Fordham -How effective decision-making is within the IT department - Analysis...Fordham -How effective decision-making is within the IT department - Analysis...
Fordham -How effective decision-making is within the IT department - Analysis...
 

Latin Infrastructure Quarterly Issue 2

  • 1. Companies Latin Infrastructure Quarterly 1 China’s Investment In Latin American Infrastructure Value BNDES Project Structuring Division for Money and PPPs APM Terminals: Ecuador Costa Rica’s Largest Infrastructure Infrastructure Project pushed from the top
  • 2. 2 Latin Infrastructure Quarterly
  • 3. 3 Welcome to the second issue of Contributors Latin Infrastructure Quarterly (LIQ)! Adrian Barrios T PricewaterhouseCoopers he content and design of our first issue was object of great feedback Ana Fernández González from many practitioners so we are now bringing you the second issue hoping for it to be up to the standards set by LIQ 1. We have assembled Aniceto Zaragoza a second issue that covers a lot of very interesting issues and features a Foro de Infraestructuras y Servicios couple of new ideas. Antonio De Santiago We conducted insightful interviews with the Vice President of the Colombian Infrastructure Ontario Infrastructure Chamber, the Managing Director of APM Terminals Moin, and the management of the influential ForoPPP. Cesar A. Guimarães Pereira Added to the interviews we are bringing you numerous articles submitted by Justen, Pereira, Oliveira & practitioners from all around LatAm. These articles cover a wide array of subjects Talamini advogados ranging from project profiles in Central America and Paraguay to the growing partici- pation of China in the region and infrastructure development in Ecuador. Darin Bifani Puente Pacífico Investment As was mentioned, LIQ 2 also features a couple of new ideas: Advisory Ltda. 1. research on the Project Structuring Division of the BNDES and many of the Eduardo Zúñiga infrastructure projects it is currently working on; and Arias & Muñoz 2. coverage of infrastructure development outside LatAm. It is our intention to of- Gustavo Morales Cobo fer in each issue going forward an outlook on the industry in one other emerging Colombian Infrastructure Chamber market and in a more consolidated market. LIQ 2 covers, through to the con- tribution of two experts, infrastructure development in Ukraine and in Ontario, Ignacio Galvez Canada. We feel that, as it happens in every other field, LatAm infrastructure Ineco practitioners can learn from the state of the industry in other parts of the world. Irina Zapatrina Personally, I am very excited to be presenting at the AgReturn InfraReturn Latin Ukrainian Public-Private America conference on January and the Latin American Energy & Infrastructure Fo- Partnership Development rum on February and I certainly look forward to meeting you personally at any of Support Center those events. Jaime Jesus Betalleluz Fernandini Infrastructure, Government & Utilities Advisor Julian Sastre Foro de Infraestructuras y Servicios Luis Pedro del Valle Arias & Muñoz Patricio Abal. Ofilio Mayorga Arias & Muñoz Director & Editor Paul Gallie APM Terminals Rodolfo Guillermo Vouga Vouga & Olmedo Abogados
  • 4. 4 Companies
  • 5. Companies Latin Infrastructure Quarterly 5 CONTENTS Spain’s Foro de Infraestructuras y Servicios.................................................................6 The relationship between Spain and Latin America 16 The titanium industry in Paraguay (project profile).....................................................11 Infrastructure development in Ukraine.........................................................................12 A look at what is needed to attract the private sector. The Colombian Infrastructure Chamber.......................................................................14 An authoritative outlook of one of LatAm’s most active markets Ecuador: infrastructure pushed from the top................................................................16 Politics and infrastructure Value for Money............................................................................................................20 A necessary methodology Mexican Highways.......................................................................................................24 38 A comprehensive analysis on Mexico’s push to improve its road network Infrastructure debt funds and exchange rate risk..........................................................29 Ideas on risk management Chinese investment in Latin America Infrastructure....................................................32 Synergies, Opportunities and Challenges Ontario’s Infrastructure.................................................................................................38 A look at the most active infrastructure market in Canada The Moin Container Terminal......................................................................................42 APM Terminals’ project in Costa Rica The Brazilian Development Bank................................................................................44 48 A focus on the Project Structuring Division Company profile: Vestas...............................................................................................48 Guatemala – Generation Expansion Plan (project profile)...........................................53 Costa Rica – Reventazón Hydroelectric Project (project profile).................................55 Nicaragua – Brito Hydroelectric Project (project profile)............................................57 Infrastructure and Dispute Resolution in Brazil...........................................................59 The Compagás Case and Brazilian Arbitration 59
  • 6. 6 Latin Infrastructure Quarterly Institutions Foro de Infraestructuras y Servicios LIQ speaks with Aniceto Zaragoza and Julian Sastre Please describe the purpose of the Foro place for discussion which would serve tion and a better working relationship de Infraestructuras y Servicios (“Infra- as a meeting point for likeminded per- between the involved parties; structure and Services Forum”)(www. sons, and for the exchange of experiences • being aware of and publishing foroinfra.com) amongst professions in a sector which is up-to-date data and information All agents involved in the development at the forefront of modern economies. for its members and those ex- of infrastructures and services are faced The main aims of the Infrastructure ternal agents who have a say in with a new challenge, set out by a series and Services Forum are the following: these infrastructures and services. of guidelines, among which the scarcity of resources, the development of new and • promoting the development and shar- In order to achieve these aims, the more efficient management techniques, ing of knowledge and innovation Infrastructure and Services Forum has the incorporation of new technologies regarding new technologies which, undertaken a wide range of activities and the need to put into practice new fi- through the creation, management worthy of special mention: conferences, nancial instruments in order to guarantee and financing of infrastructures, may seminars and studies, appearances in the constructions, operation and mainte- be of use to the agents involved and the mass media, the drafting of studies nance of future projects cannot be stressed to the society which they serve; and reports on issues of its concern, the enough. • fostering the acceptance on the part creation of working-groups to analyze With this framework in mind, the In- of society of said infrastructures; specific problem areas, the promotion of frastructure and Services Forum was born • Provide criteria in terms of quality publications on issues relating to infra- as an independent and multi-disciplinary and profitability which aid efficiency structures and services, etc. The Forum task force formed by sector professionals in the decision-making process and is based mainly on individual members (lawyers, economists, engineers, journal- thus affect the associated infrastruc- but institutions can also be partners of ists, etc.) with the aim of sharing these tures and services; the Forum. aforementioned concerns and creating a • striving towards improved coordina-
  • 7. Institutions Latin Infrastructure Quarterly 7 We are aware of examples of  Spanish bankers, architects and lawyers that, LatAm is a huge opportunity for due to the current economic downturn affecting  Spain,  are  developing busi- ness relationships  in LatAm. Do you private investors due to the culture see that as a growing trend? How can these professionals and their compa- of development based on PPP nies compete against local players? Indeed, the economic downturn is having projects, foreseeable economic a significant effect on Spain, and Spanish professionals and companies are looking growth and urgent need. towards internationalization on an increas- ingly greater scale. Though fortunately our most important representatives in the busi- ness world already had a major presence before the recession. To quote from their figures, the following stand out: Spanish construction companies are present in 68 countries spread over all five continents. Spanish companies hold seven of the top ten places of the main transport con- cessionaries in the world. If we observe the worldwide ranking in terms of capital invested, Spain has participated in US$133.677 billion divid- ed between 173 concessions, representing 47.7% of the world top. In terms of percentage of the tenders operating worldwide per country, Spain occupies the first place on the list, with 39% of the operations, following by France with 15% and China with 10%. Likewise, specific contributions from Spain to LatAm are notable: • Aside from the technical ability which can be seen from transport, energy and hydraulic infrastructures, fields in which we are world lead- ers, a common language and cultural similarities make it easier for us to work together. • Also, the rapid economic growth of LatAm countries such as Brazil, Ar- gentina, Colombia, Peru, Ecuador and Mexico means that they urgently require infrastructural developments in order to prevent any stifling of this economic growth. This demand of be- ing able to carry out a project properly and swiftly has meant that these coun-
  • 8. 8 Latin Infrastructure Quarterly Institutions tries turn to Spanish companies first. . Do you see  Spanish financial institu- tions (commercial and/or development banks)  partnering up with  Spanish professionals and companies when de- veloping projects abroad, particularly in LatAm? If so, can you name a couple of examples?      Of course we could name numerous ex- amples; however, I shall focus on Spanish institutions that are partners of the forum: • OHL is one of the world’s top 10 concessionaire companies and has a very strong presence in Argentina and Brazil. • INECO, the Spanish public sector agency for consultancy on trans- port infrastructure and engineering issues, is undertaking the transport master-plans in Costa Rica and Ecuador. • INDRA, with thousands of work- ers already operating in Brazil and Chile, for example, is at the fore- front of modern technology. • ALSA, a company with over one- hundred years of history, is another leading light in the transport sector, running services as far afield as Chile and China, and operating internation- ally for more than 20 years. Where do you see LatAm in terms of private sector involvement in  infra- structure development? LatAmis a huge opportunity for private investors, firstly due to the culture of de- velopment based on PPP projects, though also for other reasons which have already been touched on, such as its foreseeable economic growth and urgent need for infrastructures which can withstand the increase in mobility and consumption as- sociated with development. There is obviously room for improve- ment. Can you name some areas and give some examples?
  • 9. Institutions Latin Infrastructure Quarterly 9 The Regional Government of Madrid has signed with the IADB, the CRTM has developed a program of technical assistance which it lends to the Brazilian Gov- ernment as part of the definition of the integration framework of Line 4 of the Rio de Janeiro Metropolitan Railway. In terms of transport: Underground Rail collaboration among Spanish companies in in the field of public transport. Its yearly Networks and BRT systems in the urban the field of internationalization. In any case, budget is EUR2.2 billion without taking and metropolitan areas, expansions of air- we would like more support on the part of into account investments, and it has a ports and trains with the latest technology the embassies for Spanish companies. highly qualified and renowned technical and features. The great challenge and way forward staff. This Forum’s Secretary, Mr. Dioni- Reservoirs and supply networks. for an even more pronounced presence of sio González, is the Technical Director of In terms of energy the range of pos- Spanish companies is by SMEs joining the CRTM. sibilities is extensive, including thermal forces and working together, rather than Through the collective agreement and nuclear power stations as well as re- working alone, as the effort required is ti- the Regional Government of Madrid has newable energy sources. tanic and not always fruitful. signed with the IADB, the CRTM has de-   veloped a program of technical assistance Needless to say, Spanish players have Can you tell us about the agreement which it lends to the Brazilian Govern- invaluable resources and experience, between the Inter-American Develop- ment as part of the definition of the in- what are the most suitable channels for ment Bank and the Madrid Regional tegration framework of Line 4 of the Rio Latin American actors to reach out to Transport Consortium? de Janeiro Metropolitan Railway. Finally, those resources? (Embassies, forums studies are being performed into mobility such as yours, banks, etc.) The Madrid Regional Transport Consorti- and the planned Quito Metropolitan Rail- um (CRTM) is the transport authority for way in association with the Madrid Metro From the viewpoint of state institutions, the the Madrid region and runs all the modes and Spanish companies such as Taryet ICEX body of the Spanish Foreign Secre- of transport. It is a flagship throughout the and ETT- Deloitte. tary’s Office is making great strides towards world thanks to its major developments Tenth Anniversary of the Foro de Infraestructuras y Servicios More than one hundred professionals from the infrastructure and services sector in Spain met Monday, November 7, to debate the policies followed in this sector during the last ten years, with an eye to future challenges. The meeting took place as part of the events marking the tenth anniversary of the Infrastructure and Services Forum, with awards were given to outstanding projects undertaken in the sector. Held at the Association of Civil Engineers, the meetings attracted more than 100 attendees, all sector professionals keen to discuss the sector’s past, present and future. For this reason, the seminar’s agenda included specific addresses and three round-table discussion groups: one geared towards listening to the opinion of the different associations that constitute the sector (AERCO, ANCI, CNC, TECNIBERIA and SEOPAN) expressed through the thoughts of their MD’s; a second round-table in which Forum members highlighted the most relevant aspects of their professional activities over the last ten years; and, finally, a third table in which the political parties (Andrés Ayala-PP, Montserrat Candini-CIU and Rafael Simancas-PSOE) and the Trade Unions (Juan Carlos Barrero-UGT andVíctor Sánchez-CCOO) were represented, expressing their viewpoints on the poli- cies regarding infrastructure and services developed over the last ten years, and the possibility of new, future strategies. After the seminar came the moment for the prize-giving ceremony, with awards given by the Infrastructure and Services Forum acknowledging the most outstanding projects and workers from the sector. The award for the most outstanding professional in the sector was given to the MD of Albertis, while the Barcelona Eco- nomics Round Circle Award went to Salvador Alemany Mas, who was present to collect the award himself. The Saragossa Logistics Platform was considered the most outstanding infrastructure project, while the recognition for the best service fell to the team at Canal Isabel II, led by Adrian Martin. Finally, the 2011 Special Award was given to the former MD of the Spanish Transport Association and International Railways Union, Antonio Carbonell, who sadly passed away recently.
  • 10. 10 Latin Infrastructure Quarterly Institutions Aniceto Zaragoza: Aniceto Zaragoza, Oficemen CEO, has a PhD in Civil Engineering from the Poly- technic University of Madrid (UPM). He has a Degree in Economics and Business Administration and a Degree in History from UNED . He is also associated profes- sor in the Transport Department at UPM. He has participated in over one hundred research projects and technical re- ports, co-authored 15 books, published more than 40 articles and given more than 300 speeches in 15 different countries all over the world. Among his major research projects, Mr Zaragoza has been the Project Director of GIROADS, with a budget of over EUR6 million, and of the Oasis Project, with a budget of over EUR30 millions. He is President of EUPAVE (European Concrete Paving Association), President of the Infrastructures and Service Forum, Vicepresident of PTECO2, former President of IVIA (Latin American Road Institute), former President of the ERF (European Road Federation) and former President of ITS Spain. In his previous role as Head of the Spanish Motorways Association, he took part in the beginnings of the development of Chilean concessions, which was a pleasure. Julian Sastre Julián Sastre González holds a PhD in Civil Engineering from the UPM, specializing in the fields of Transport and Town and Land Planning, and has twenty-five years’ professional experience. His career in the sector began at the Madrid Regional Transport Consortium (PTA of Madrid), where he worked from 1986 to 1989, later devoting his time to transport consultancy and assessment in diverse fields both in Spain and abroad (since early 90ths, Europe, Latin America, Maghreb and Asia). He speaks English, French and Portuguese. As well as being Vice-president of this Forum, he is also an independent consult- ant, mainly focusing on international projects, most importantly as a consultant for the IADB and the World Bank. Specializing in PPP projects, he has worked as advisor for projects such as the bullet train from Rio to Sao Paulo, various public and private partnerships for building intermodal stations in Montevideo and the Rosario city public transport network (Argentina) as well as projects in El Salvador. In Chile he has dealt especially with ITS issues applied to the field of transport since 2000. He is also the author of the following publications, among others: • Manual for the planning, financing and implementation of urban transport systems.” Madrid Regional Transport Consortium (June 2004). (ISBN: 84-86803- 60-8). • Manual for tramways, light rail networks and systems using reserved platforms. Design, project financing and implementation.” Madrid Regional Transport Consortium (2006). • Green Paper on Town Planning and Mobility.” Civil Engineering Association (2008). • Green Paper on Transport and Climate Change.” Civil Engineering Associa- tion (2010).
  • 11. Projects Latin Infrastructure Quarterly 11 The titanium industry’s inroads into Paraguay In November 2010, David Lowell, CEO of CIC environment, experts already pointed out the dangers the pilot plant poses to the Resources Inc., announced the discovery of what environment are minimal, not yet being a is thought to be the largest titanium deposit in the full-fledged plant. At this stage, the pilot world, in the Paraguayan district of Minga Porã, plant will only wash the soil to separate the ilmenite and the clay, a process which near the border with Brazil. M in itself is not contaminating. Metálicos y No Metálicos Paraguay etálicos y No Metáli- The company invested US$5 million S.R.L. is now carrying out studies to ex- cos Paraguay S.R.L., in setting up the pilot plant. During the actly determine the project’s infrastruc- a subsidiary of CIC experimental period, the plant is projected ture and energy needs. The results are Resources Inc., has to produce 500 tons per month. However, due this December. If the studies show secured a permit to once the plant goes into full production, the project is economically viable and the explore 30,000 has in the Minga Porã area production is estimated to increase hun- Paraguayan Congress gives it the green and is concluding the construction of a pi- dredfold and reach 5 tons per hour. light, Metálicos y No Metálicos Paraguay lot plant to precisely assess the deposit’s Currently, the Project is in the process S.A. will enter into a concession contract real prospects. The company started the of obtaining the approval for its Environ- with the Paraguayan Government. project expecting to eventually obtain be- mental Impact Study. Although some ob- This will in turn probably entail the tween 5 and 10 million tons of titanium jections have been raised fearing the pilot need for numerous infrastructure projects ore per year. plant might have a negative impact on the to supply the energy and transportation needs of the potential mine. Although LatAm has played a crucial RODOLFO G. VOUGA ZUCCOLILLO role in the mining industry for a long time, is a Senior Associate at Vouga & Paraguay’s mining potential remained Olmedo Abogados. He graduated unexplored until now. All of this is set with Honors from the National Uni- to change as the latest news from pros- versity of Asuncion (J.D., summa pecting efforts put Paraguay on the center cum laude, 2007) and was award- stage of the international mining industry. ed a Masters in Law (LL.M.) degree Between 2008 and November 2010, the from Columbia Law School (LL.M., Ministry of Public Works and Communi- 2010). He passed the New York Bar cations (MOPC) granted 14 permits to 10 exam. His fields of expertise are: Liti- companies for the prospecting of different gation, Arbitration and Mediation; areas showing mining potential. M&A; Foreign Investments; Cor- Mining projects are known to be porate and Commercial; Capital closely and almost inevitably linked to Markets; Tax and Customs Law. He very demanding energy and communica- has been actively involved in vari- tion needs, for which reason it would not ous projects related with foreign be surprising to expect that, assuming the investments. He is a former assistant professor in Legal Technique at mining efforts become successful, Para- the National University of Asunción. Languages: Spanish, English, Por- guay could become a hot spot for interest- tuguese, German. ing infrastructure ventures.
  • 12. 12 Latin Infrastructure Quarterly Institutions Public-private partnership and its LIQ Speaks with I. Zapatrina: Chairman of the Board of the Ukrainian Public-Private Partnership Development Support Center U kraine is now taking its many normative-legal acts that regulate first steps in the devel- the procedures of preparation of the simi- of infrastructure opment of public-private lar projects, competitions, the selection partnerships (PPP). Today of winners, and the monitoring of PPP in Ukraine there is a lot of conversa- projects. We can not say the current leg- tions regarding the necessity to attract the islation is perfect. It contains a number private sector for infrastructure moderni- of contradictions, difficulties and conflict zation, and a number of normative-legal clauses. The most problematic issue in acts that regulate preparation of projects this field is absence of regulation of state in the form of PPPs have been adopted, as support, both methodological and institu- role in modernization well as mechanisms for their implemen- tional, for PPP projects. At the same time, tation. Currently, however, there are no projects in the form of PPPs could be pre- examples of successful PPP projects in pared and implemented in the conditions Ukraine. of current legal regulation. The legisla- tion could be improved later based on the Why is this so? What are the prerequi- experience of the implementation of such sites for changing the situation in this projects. field? Investment climate and political sta- It is well known that in order to prepare bility (succession of public authority) are and implement viable projects in the form much more problematic issues for poten- of a PPP it is not enough to have the leg- tial private investors that consider oppor- islation regulating relations in this field, tunities to implement similar projects in even though the availability of such regu- Ukraine. lation is certainly an extremely important element for the development of PPPs. Political Stability The most important factors for intro- duction of similar long-term, complicated Unfortunately, for the last 20 years, as a and high-risk projects are: investment cli- result of many political changes, the in- mate in the country, political stability and stitutional memory of public authority a well developed institutional environ- has been very weak, and there has been ment. These factors are now indeed the no succession of ideas, approaches and most critical for the development of PPPs management decisions. The priorities and in Ukraine. personalities among the authorities are changing all the time and this results in Legislation complications with the preparation and implementation of any strategic long- The laws on concessions, production term projects, in particular PPP projects. sharing and rent have been effective in Ukraine for more than 10 years. In 2010 Investment Climate laws were adopted on PPPs and the pe- culiarities of transfer into rent or con- The investment climate in Ukraine is cession of such objects as DH heating, extremely low according to the evalua- water supply and sanitation, along with tion of the international community. Our
  • 13. Institutions Latin Infrastructure Quarterly 13 country comes in last positions in the methodology, the preparation of training (1.5 years). But for such a short period, world ratings that appraise the environ- program and the development of commu- quite a lot have been done: a number of ment for business activity, taxation sys- nicative strategies. analytical researches and scientific and tems, court systems, corruption, etc. At In the current situation it is very im- scientific-popular publications on PPP the same time, in 2010 the President of portant to attract scientists, professional issues have been prepared, a number of Ukraine,Victor Yanukovych, adopted the consultants and specialists to prepare the conferences and round tables on PPP is- program of economic reforms that covers methodological basis in the PPP field, as sues have been conducted and trainings wide circle of issues, including adminis- well as study the experience of infrastruc- for the representatives of the public au- trative, court, budget, tax, housing and ture project implementation in countries thorities have been held. It has started regulatory reforms. It is very difficult to that have started the similar processes work on the development of pilot projects implement such serious reforms simulta- in conditions similar to Ukraine’s to- that will allow for the preparation and im- neously in many fields of economic activ- day, spreading the experience among the plementation of PPP projects in Ukraine ity. It requires attracting highly qualified public authorities and population. In our in various different spheres of economic specialists, experience conducting such opinion the most useful for our country activities and ensure its replication. The reforms in the world, and of course time. could be the experience of LatAm, where Center actively cooperates with the Na- Yet there is optimism over the beginning the active implementation of PPP projects tional Academy of Sciences and public of wide-ranging reforms of the economy started in the 1980’s. authority bodies in Ukraine and aboard, and social sector in Ukraine, with im- The establishment of the Ukrainian and it participates in international activ- provements to the climate for conducting Public-Private Partnership Development ity on PPP issues. The specialists of the business, allowing the country to attract Support Center (www.ukrppp.com), a Center have started serious scientific re- international capital in the near future for non-governmental, non-commercial or- searches on the development of public- the implementation of large-scale infra- ganization representing Ukrainian scien- private partnership in Ukraine. We hope structure projects based on PPP. tists, was realized due to an understand- that our activity will make it possible to ing of the importance of attracting private speed up the creation of a favorable envi- Institutional Environment capital for infrastructure modernization in ronment for attracting of private business Ukraine. The center is still very young to modernization of economy of Ukraine. At the moment Ukraine is not ready in- stitutionally to actively promote PPP projects. Only this summer, the Decree I. Zapatrina: of the President of Ukraine established a specially authorized body on PPP issues, • Ph.D. in economics, 1985 the Ministry of economic Development • Doctorate in economics and Trade. There is still no regulation (finance), 2009 of its work on PPP projects. The role of • Professor, 2011 ministries in this process is not specified. • Member of the UNECE Team of The role of the institutions authorized in Specialists on PPP 2011 , the PPP sphere regarding the objects of • Member of the expert council municipal property is not determined. on macroeconomics, trans- (In Ukraine such objects include district formations, international and heating, water supply and sanitation sys- regional development (eco- tems, objects used for utilization of sol- nomic sciences) of the High- id waste, local electrical transport, city est Attestation Commission of roads, bridges, etc.). The public author- Ukraine. ity lacks the knowledge and experience • The Honorary Award of the N necessary for the implementation of PPP ational Academy of Sciences projects, which causes over-expectations of Ukraine for assisting the sci- in this field and increases the probability ence, 2009 making non-optimal decisions for society. • The Honorary Award of the National Agency of Ukraine on Ensuring Certainly, it is easier to change the situa- of Efficient Use of Energy Resources, 2010 tion in this sphere than to implement eco- • The Honorary Award of the Ministry of Economy of Ukraine for many years nomic reforms. It requires a system and of diligent work related to economic policy implementation, 2011. weighted approach, the development of
  • 14. 14 Latin Infrastructure Quarterly Institutions The Colombian LIQ Speaks with Infrastructure Chamber a significant number of projects, due to the technical weaknesses of the governmental agencies, is currently the main issue block- ing private sector investment in public in- frastructure. This issue could be solved with more generous incentives for the private companies that, at their risk and with their money, assume the task of preparing and structuring infrastructure projects. What are the sectors receiving most of the infrastructure investment money? The 10-year plan issued by the Santos´s Administration calls for an investment in roads of about US$31 billion, of US$21.1 billion in railroads, and of US$14 billion in urban massive transportation systems. What are the main projects in those sectors? And what projects are in the What´s the overall environment and think that the government agencies in works (planning, procurement)? reality for private sector participa- charge of the structuring of new projects The single most important infrastructure tion in the development of public – and of the monitoring and follow–up of project in Colombia in the next 10 years infrastructure? current projects – could be strengthened, will likely be the new subway for Bogotá, In general, Colombia´s government in so as to have better technical and manage- the capital. But this project still depends on the last two decades has been a friendly ment capabilities. We also think that in aligning the political will of the city admin- promoter of private sector participation in the case of “private initiatives” –projects istration and the national government. the development of public infrastructure. where the initial proposal and the viabil- In roads, the state agency in charge Since the early 90´s, Colombia has turned ity studies don´t originate from the gov- of promoting private sector investment to the private sector for the building, op- ernment but from private investors – the in public infrastructure (Instituto Na- eration and maintenance of roads, ports incentives regime is still not adequate cional de Concesiones, INCO, soon to and airports, with successful results. The enough. President Santos´s administra- be renamed as Agencia Nacional de In- current government is also a believer in tion is working on a new bill to improve fraestructura, ANI), is currently struc- the free market and in the benefits of rely- the current regulation on this subject. turing the upgrade of the corridor that ing on the private sector for tasks that can connects Bogotá with Buenaventura, free public resources for other vital state Other than legislative obstacles, what the main Colombian port at the Pacific duties, such as education and health care. are the main issues blocking private sec- Coast, and the construction of two high- tor investment in public infrastructure? ways that connect Bogotá with two dif- What´s your take on the current PPP Security and safety concerns used to ferent points of the Venezuelan border. framework in Colombia? What could be the main obstacles, but thanks to the be improved? strengthening of our law enforcement in- Who is mainly responsible for infra- Within a general positive take on the stitutions in the last decade, this is not cur- structure development: central or local current PPP framework in Colombia, we rently a main issue. We think that the lack of governments?
  • 15. Institutions Latin Infrastructure Quarterly 15 The general policy on infrastructure, and Plan, the royalties from oil and mining (Ruta del sol), and (iii) a tunnel (La Línea the execution of the main strategic infra- projects will also be a new source of fi- Tunnel) that will cut through the central structure projects (national highways, ports, nancing for infrastructure projects. mountain range, to connect the capital railroads, airports), is part of the central more rapidly with the Pacific Coast. government´s constitutional responsibili- Is there a specific political leader, par- On the local level, the expansion of ties. The local governments are responsible ty, NGO, think-tank, ministry, that has Bogotá´s massive transit system is the for infrastructure with a local scope (streets, pushed for and/or is pushing for increas- main project currently under construc- provincial highways, mass transportations ing involvement of the private sector in tion. This does not include the subway, systems). In general, the legal framework the development of infrastructure? which is still in a preliminary phase. aims to promote coordination and joint ef- In general, the Colombian govern- forts. For example: Bogotá´s subway is ment, led by President Juan Manuel San- mainly a local responsibility, but it cannot tos, is the main promoter of increasing be done without the financial and technical involvement of the private sector in the support of the national government. development of infrastructure. In pursu- ing this policy, the current administration Have those governments made the is deepening a strategic vision that has development of infrastructure with been promoted by various administrations private sector participation a state in the last two decades. Congress has sup- policy? ported these policies, at least since 1993. At the national level, there is indeed The Colombian Chamber of Infrastruc- an explicit policy for the development ture, the main trade association that rep- of infrastructure with private sector par- resents the builders, consultants and con- ticipation. It has been in place since the cessionaires of infrastructure, has been early 90´s, and nowadays most of the an active participant and promoter of the main national highways are operated by public policy discussions in this area. private companies, as well as the airports and ports. The new national development Last year we saw the launching of a few Gustavo Morales Cobo is a plan includes many provisions aimed to infrastructure funds in Colombia. Have lawyer. This year he joined promote public-private partnerships, not these funds allocated part of their capital? the Colombian Infrastructure only in this sector, but also in education, What projects are they looking into? Chamber as deputy C.E.O. health, and housing. We do know for certain that at least one He has also worked as deputy At the local level, some provinces of these funds has allocated some capital justice at the Colombian Con- stitutional Court, deputy C.E.O have also promoted private sector par- in one of the main highway projects cur- of the national insurance as- ticipation, in state highways, for example. rently under construction: the highway sociation, and legal coun- But they still depend mostly on traditional connecting Bogotá with Girardot, a port selor of various governmental public works schemes that do not involve located on the shore of the main riverway agencies such as the Ministry risk-taking from private companies. in Colombia, the Magdalena River. We of Finance, the National Plan- also know that some of these funds are ning Department and the Ministry of Communications What are the main sources of fi- looking into new ports or the projected and Transportation. nance available for big infrastructure expansion of existing ones. At the end projects? of September, the administration will an- The national state budget and the pro- nounce a set of new projects, specifically vincial and municipal budgets are still structured with these kinds of funds or the main sources of financing available other institutional investors in mind. for big infrastructure projects. But in the last couple of decades, airports, ports What are the most important projects and highways have financed themselves currently under procurement and through various schemes or private sec- construction? tor participation, such as tolls. Pension There are at least three very big impor- funds and private equity firms are willing tant projects under construction right now: to participate, but they feel the regulatory (i) the upgrade of Bogotá´s airport; (ii) framework needs some adjustments. Ac- the construction of a 1,000-kilometer high- cording to the new National Development way from Bogotá to the Caribbean Coast
  • 16. 16 Latin Infrastructure Quarterly Politics Ecuador: Infrastructure pushed from the top As one of the most popular presidents in Ecuador dur- ing recent years, Rafael Correa began 2011 strong. His referendums on constitutional reforms showed without a doubt that there is popular support for an extension of his mandate, which has August 2013 as a horizon, with the option of being re-elected until 2017. C orrea therefore has time work to improve the Pedernales-San Vi- to deliver one of the main cente highway for refurbishment, expan- concerns of the population: sion and maintenance. Also, the Montec- infrastructure investment. risti-Jipijapa highway should be finished As we mentioned in a pre- by this year. vious article in LIQ, economic develop- The country has around 40,000 km of ment cannot be achieved if infrastructure highways, of which only 20% are paved. development is not in place. Without Buses and even cheap taxis provide non- roads, bridges, ports, airports you cannot stop city transport for reasonable fares. export or import products. Without ef- The poor quality of the network has to ficient infrastructure facilities, transport date hindered the country’s competitive- costs will increase and you will become ness. The trans-Ecuadorian railway, built less competitive in the global market. towards the end of the 19th century and It seems that the Ecuadorian gov- terminated in 1908, unites Guayaquil, at ernment has this clear. In March 2011, sea level, with Quito, high in the north President Correa announced that the gov- central Andes. This railway which ex- ernment is seeking US$7 billion in infra- tends for about 800 km needs renovation structure concessions over the next five and is used mostly for freight purposes. years, with a focus on port, airport and Because of the significant changes in highway concessions. terrain and altitude in Ecuador that make Highways will be necessary for the road travel slow and difficult, the use of potential development of the mining in- in-country flights is common. Ecuato- dustry. There are expected investments of riana, Saeta, and Tame are national com- at least five mining projects that involve panies that provide flight services within Canadian, American and Chinese com- Ecuador and from the international air- panies. Ecuador is preparing the table ports in the capital Quito and the port for these investment demands by setting city of Guayaquil to international routes. up an $800 million program of highway MTOP is seeking to invest nearly US$200 projects. Ecuador’s transport and public million to overhaul airports under its na- works ministry (MTOP) is carrying out tional airport modernization plan.
  • 17. Companies Latin Infrastructure Quarterly 17 In March 2011, President Correa announced that the government is seeking US$7 billion in infrastructure concessions over the next five years, with a focus on port, airport and highway concessions.
  • 18. 18 Latin Infrastructure Quarterly Politics The main ports in Ecuador are (PPP) projects. Judicial shortcomings to in 2001 setting out the structure of the Guayaquil, Manta, Esmeraldas and Puer- regarding concession dispute arbitration, new Quito International Airport. The City to Bolivar. Ecuadorian ports specialize contract enforcement and protection of of Quito accepted the proposal and signed in the movement of products related to investor rights could be especially prob- the concession and construction contracts the action area: Esmeraldas movement lematic. There is always the concern of with CCC in 2002 for the design, financ- predominates in the northern part of the the risk of government expropriation. ing, construction, and operation of the new country, Manta specializes in sea prod- Regulations established that the eco- Quito International Airport, as well as the ucts, Guayaquil in general cargo and Bo- nomic equation of a contract must be administration and operation of the current livar in banana transport (80% of Ecuado- maintained, paving the way for multiple Mariscal Sucre International Airport. rian banana production goes to Europe). contract renegotiations and excessive In 2005, CCC signed a $400 million The country’s largest port is Guayaquil, transfer of commercial risk to the state. contract to act as prime contractor for the which is facing problems with its access Still, the new 2008 state constitution construction of the New Quito International channel, which only allows the entry of made significant changes to the previ- Airport in Ecuador. Since then, the project ships with drafts (partially submerged in a ous frameworks. Article 314 states that has been expanded to over $400 million to boat) of 9.75 up to 11 meters. The move- the government is responsible for public accommodate increasing passenger traffic ment of cargo into and out of this main and universal service provision, ensur- and demand for cargo space. port is around 70% of the total. Other ing “fair” prices. Article 316 of the con- Corporacion Quiport S.A. was a 100% smaller private terminals, such as Balao stitution states that “the state may, as an privately owned capital firm originally and La Libertad, maintain the largest flow exception, delegate…exercising these formed by Canadian companies AECON of movement by transporting oil from services…out to private initiative”. Arti- and Airport Development Corporation eastern Ecuador. cle 318 points out that public water and (ADC), which later added U.S.-based Granted that there is a strong political drainage services and the supply of drink- HAS Development Corporation (HAS- will supported by the population to upgrade ing water will be rendered exclusively by DC) and the Brazilian Andrade Gutierrez aging and insufficient infrastructure, how state-owned or community legal bodies. Concessões (AGC). Quiport won the con- well prepared Ecuador is to fulfill this? These constitutional rules make ex- cession, which awarded a 35 year-conces- Ecuador states explicitly in its constitution and laws that water and sanita- tion services must be provided publicly, making any concession projects in this sector an exception rather than the rule. Ecuador must improve the consisten- isting concession initiatives highly vul- sion contract for the new airport and the cy and quality of its legal, regulatory and nerable to expropriation and obligatory management of the existing Quito airport institutional frameworks to better facili- contract changes, also decreasing the through the CCC. Since then, Quiport tate concession projects. Also, compared likelihood of developing new projects. claims to have invested more than $70 to other countries in LatAm, Ecuador Better regulation will require the estab- million of its equity investment as well as must improve its investment and finan- lishment of dispute-resolution options more than $350 million in international fi- cial climates. Ecuador states explicitly in for both the concessionaire and the state nancing for this US$650 million project. its constitution and laws that water and that will limit hold-up and expropriation On 2009 a decision by the transitional sanitation services must be provided pub- risks, more reliable arbitration schemes, Ecuadorian Constitutional Court which licly, making any concession projects in improved criteria for awarding bids, more found that the financing plan for the con- this sector an exception rather than a rule. transparency and fairness for contract struction of the new airport found in the However, legal and regulatory frame- adjustments and better definition of risks original concession contract was partially works tend to be more open to road, port that by law must be borne by the State. unconstitutional under the new constitu- and airport concessions. The Ecuadorian government has al- tion of 2008. Under the concession con- Another issue is that Ecuador is in- ready attempted to annul existing con- tract Quiport was supposed to pay loans creasingly reluctant to recognize inter- cessions such as the Port of Manta, the to international lenders, recoup its invest- national arbitration rulings, which makes Quito airport and select drinking-water ment and make a profit through the fees it the competitive playing field highly une- concessions. was given the authority to charge to airport ven for private-sector firms that base their A concession experience: the New users both at the old Quito Airport, which strength on efficiency grounds, reducing Quito International Airport it also manages, and at the new airport dur- their incentive to participate in conces- The Canadian Commercial Corporation ing the life of the concession. However sions or in Public-Private Partnership (CCC) made a proposal to the City of Qui- the Constitutional Court ruled that the fees
  • 19. Politics Latin Infrastructure Quarterly 19 charged to airport users were actually taxes “technical objections.” Correa criticized under a PPP approach is higher than un- which could not be handled by a private the business model assumed by the Mu- der a traditional approach. But they forget company under the new Constitution law. nicipality for the construction of a new air to quantify the amount of risks that a gov- Following the decision, the sides were terminal and said that there was minimal ernment would save by transferring them forced to enter renegotiations of the conces- investment made by the Canadian consor- through a contract to a private party. These sion contract. The Municipality of Quito, tium partner in the project. include environmental risks, design and which was set to receive US$1.5 million “Unfortunately, the news is not good construction risks, financial risks, opera- per year as a concession fee, took the op- with respect to the Quito airport, which tion risks, etc., many of them, if allocated portunity to seek a larger share of the profits is being built by the Municipality, with to the private partner, would represent a from the new airport. After 18 months of in- money from all Ecuadorians, by the way,” tangible relief to the government. tense negotiations, the parties successfully Correa said in his regular Saturday radio To talk about risk-identification and reached agreement on legal, commercial program. He also said that “it was a lie” risk quantification could be a matter for and financial terms for the project. that the Canadian partner of the Munici- another article, but part of the “PPP cul- In August 2010, during a ceremony pality is investing enough, since, accord- ture” that must be known and spread with President Correa, the Mayor of ing to the President, the bulk of the fund- around our infrastructure environment is Quito and a range of other high-level of- ing comes from revenues generated by that you cannot compare a PPP approach ficials, the parties executed the strategic the existing Mariscal Sucre airport. with a traditional approach without quan- alliance agreement, an amendment to the Airport charges that travelers pay to tifying the transferred risks. concession contract and an affirmation exit the airport Mariscal Sucre are among Another thing of course is that a bad of the investment protection agreement, the highest in the continent, with a value agreement was made between the gov- which set forth the renegotiated terms of exceeding $40, Correa recalled, stressing ernment and the private partner. A bad the concession for the Project. that this item is what, in his view, supports value-for-money analysis could certainly The new airport will have a 4.1 km truly the construction of the new terminal. be detrimental for a government’s inter- runway and be equipped to handle more “There is no foreign investment. The ests. But in this case, Correa’s comments than five million passengers and 270,000 investment is all from Ecuador. Maybe referred only to the “lack of investment” tonnes of cargo each year. The Ecuado- there has been US$40 or US$70 million of the private party without mentioning rian government is set to receive nearly from the Canadians over a proposed 600 anything about how the risk and responsi- $900 million from the concession. million” in total, added the President. bilities were allocated. But things from the top were not as Therefore, he reiterated that “in addition Despite this incident, we consider Ecua- smooth always. to an extremely questionable business dor a good prospectus for infrastructure in- President Correa was initially very model, the problem is that (the new air- vestment. It is a country that is pushing from critical to this project and made a typi- port) has serious technical limitations.” the top of the government an open agenda cal mistake many government authorities However, President Correa did not to receive foreign investments (as President commit when they evaluate concession or mention anything about the transfer of Correa noted some months ago). Potential PPP projects. risks within the contract and who was as- deals at pre-procurement stage also in- In 2007 Correa said that the new air- suming them. The typical (and sometimes clude mining (over US$6 billion), oil (over port in Quito, built by the Municipality of intentional) mistake of many government US$1.5 billion), ports (over US$300 mil- Quito in an area near the city, had several authorities opposing PPPs is that the cost lion) and tourism (over US$200 million). Author Biography PwC Canada | Vice President, Infrastructure & Project Finance | Mon- treal Office adrian.barrios@ca.pwc.com Adrian Barrios has 10 years of professional experience in project finance, business valuation, mergers and acquisitions, financial modeling, feasibil- ity analysis, microfinance and financial audit. In the last 5 years he has led more than 50 business valuations and transaction projects in Canada, Peru and Ecuador. His experience comprises the mining, energy, financial services, agribusiness, infrastructure and commercial sectors. He holds an MBA from ESADE Business School and is BA in Economics from the Universidad del Pacífico.
  • 20. 20 Latin Infrastructure Quarterly Infrastructure Financing Value for Money When are PPPs the best alternative?
  • 21. Infrastructure Financing Latin Infrastructure Quarterly 21 A Value for Money may be used to indicate the cost of public The PSC is a hypothetical estimated provision and determine if the best pri- cost of a project under the public sector if growing number of vate sector quotation for a PPP contract the government runs it, and is also a cost countries have created is more profitable for the state in terms model (and in some cases an income mod- Public Private Partner- of optimizing the effectiveness and effi- el) associated with a project implemented ships (PPP) to promote ciency of spending. This is called value by the government based on the most ef- the offer of assets and for money (VFM). ficient method of providing a result that is services of infrastructure by the private VFM is an analytical methodology that currently available to the public sector. It sector. The experiences gained in dif- compares the cost of public infrastructure also takes into consideration the potential ferent countries could indicate that eco- development under the traditional imple- impact of risks on the costs (and revenues) nomic infrastructure is generally a more mentation approaches in charge of the associated with the project during its life. conducive environment for the creation public sector and PPP with private sector Developing the Financial Model will in- of these kinds of partnerships than social support. clude an estimation of the present value of infrastructure (e.g., health care and edu- The comparison is performed based costs for the Government to develop and cation) for three main reasons. on the total project cost over a period of maintain the project with exactly the same First, the solid project designed to time. Because the costs are taken into con- standards required for performance from solve obvious limitations of infrastruc- sideration for an extended period and the the private sector investor. tures such as roads, railways, ports and costs are incurred in a comparable man- Alternatively, private execution of an electricity. The economic infrastructure ner by the public sector, under a tradition- infrastructure project is measured through projects usually have high rates of finan- al approach and under a PPP, the costs are a shadow bid, which represents the cost to cial profitability and therefore are attrac- expressed at net present value. The VFM run a project as a PPP and constitutes the tive for the private sector. Second, often also takes into consideration the risks, be- simulation of the cost that a bidder would the collection of user fees becomes more cause the risks are an integral part of total propose, reflecting all costs that the pri- feasible and more convenient in econom- project costs. This analysis will integrate vate partner will assume: ic infrastructures projects. Third, usually the information from previous activities, economic infrastructure projects have a of the financial models prepared: the pub- • Design and construction costs more developed market to combine the lic sector comparator and the test result • Operating Costs construction with the provision of serv- value for money. • Maintenance costs and life cycle ices (e.g., construction, operation and The cost of implementing a project • Financing costs maintenance of a toll road) than social in- under the traditional implementation ap- frastructure projects. Given these consid- proach is called determined by what is Inside the structure of the private erations, it is not surprising that PPPs are called a public sector comparator. The partner entities there are several differ- used preponderantly for road infrastruc- cost of a project under a PPP approach is ent sources of funding. This should be ture, as in several LatAm countries. given as a “shadow bid” or “shadow offer” reflected in the shadow bid, including any In general, the decision to make a PPP because it represents the cost that a bid- user fee or revenues from third parties should be adopted if it is properly justi- der may propose. The comparison of the that the private partner may receive. fied, which can follow a two stage proc- PSC and the shadow bid shows whether The description of the shadow bid ess. The first stage consists of defining if or not there is VFM to run a project under must be from the technical project and it is desirable to undertake a particular a PPP. contain: project, based on solid investment plan- VFM is an analytical methodology ning procedures and evaluation of projects (e.g., using cost-benefit analysis). An important step in this first stage is clas- sifying all projects in order of importance that compares the cost of public infra- according to their profitability (economic or social) and decide which are accessible from the fiscal point of view and worth structure development under the tra- undertaking. The second step is to decide whether ditional implementation approaches a project that is considered convenient should be approached through a tradition- in charge of the public sector and PPP al procurement system or PPP. For this purpose a public sector comparator (PSC) with private sector support.
  • 22. 22 Latin Infrastructure Quarterly Infrastructure Financing • Project description and evaluation the remuneration in exchange for certain regarding both economic and social infra- horizon defined services that always comply fully structure development when determining • Description of the services to be with a battery of performance indicators. the best choice for development. In the contracted From the economic point of view APP particular case of Peru, the Law of Pub- • Schedule of work scheme presents significant differences lic Private Partnerships the DL. No. 1012, • Program investment and total with the traditional method as may be includes the extensive implementation of investment seen in the figure below: the methodology of VFM to all projects • Operation and maintenance That is, in the traditional scheme the of PPPs from 2012 with the application of program government pays from the start the work the Comparator Public Peruvian. • Structure of private financing and then the operation and maintenance • Description of the payment while the PPP scheme only pay for serv- JAIME JESUS BETALLELUZ mechanism ices when they are received (after the FERNANDINI • Analysis of risks and conclusion of the work). responsibilities. The test of value for money involves Infrastructure, Government & Utili- comparing both values to which they have ties Advisor In conjunction with the analysis of risks incorporated the most probable value of and responsibilities, the shadow bid should the identified risks to determine if the PPP Business Administration, Master’s include measured services to be contracted contract would be more convenient for studies concluded, with over 15 with the basic principle that responsibili- the government than traditional develop- years of professional experience, mainly in consultancy work, coun- ties and risks should be assigned to the en- ment methods. In the event that it would seling and teaching. Among the tity best able to develop them. not be beneficial to the state, other options main areas of professional devel- The result will be a document describ- should be explored that would yield simi- opment can be highlighted: or- ing the Project, the determination of serv- lar results. ganizational improvement, finan- ices to be contracted, the general descrip- The main objective of PPP projects is cial evaluation of projects and the tion of the payment mechanism and the to achieve a higher VFM for the public promotion of investment in public estimated annual payment for contracted sector. This specific point is one of the infrastructure. Financial Special- services. most complicated in the structuring of ist of “El Metropolitano” project for Finally, the shadow bid must be based PPPs because, to properly determine the the Metropolitan Institute of Trans- on a partnership agreement (the PPP con- VFM, the costs must be well determined portation of Lima (PROTRANS- tract) that the public authority must pro- and the risk well localized and quantified PORTE). He has worked the past pose to the market if the project was ex- to avoid reaching erroneous conclusions. three years as General Coordi- nator of Government Services in ecuted as private sector participation. Public Sector Comparator is a tool that PricewaterhouseCoopers Peru, re- allows determine if you are getting value sponsible for the implementation Value for Money determination for money. The comparison to make is of projects for the improvement of shown in the figure below: public services and infrastructure For a VFM analysis, the same discount It is worth noting that the essential development through PPPs. rate should be used to compare the cost of part of analysis is the initial estimate of the PSC and shadow bid both expressed investment costs by a technical advisor to as Net Present Value (NPV) calculated on the government, as well as the risks iden- the same date. The discount rate should tified. This will include an estimation of be based on the risk-free cost of funds ac- all investments according to the specifi- cessible to the public sector authority. cations required for the project, operating As already mentioned the PSC is the and maintenance costs. The cost estimates present value of all costs incurred by the should reflect various adjustments that government for services included in the will be determined in accordance with the contract for the provision of long term accounting and tax treatment to consider services for the duration of this, based on in the shadow bid. When the Public Sec- cost estimates that are affected to reflect tor Comparator performs the VFM test, the value of identified risks. the best alternative must correspond to For its part the shadow bid is the what generates a lower NPV. present value cost of the services con- Currently the implementation of this tracted to an investor. It is not the pay- methodology allows countries like Can- ment for work or specific activities but ada and Chile to make better decisions
  • 23. Companies Latin Infrastructure Quarterly 23
  • 24. 24 Latin Infrastructure Quarterly Politics MEXICAN HIGHWAYS Towards a new service concept Mexico’s Infrastructure Plan ing considered, to be split as shown • Improving coordination among fed- (NIP) 2012 below: eral, state and local administrations. • MXN$33.06 billion Private • The Government’s goals for 2012 are In order to attain its 2030 goal of being Investment the following: ranked in the top 30 of the World Eco- • MXN$8.7 billion National Infra- • Build or modernize 17,598 kilom- nomic Forum’ s Infrastructure Competi- structure Fund (NIF) eters of highways and rural roads. tive Index, Mexico has developed a new • MXN$5.33 billion Banobras: Na- • Increase from 72% to 90% the area strategic plan that will steer the country tional Development Bank of federal highway network operat- into raising the coverage and quality of • MXN$147.2 billion National Budget ing in good condition according to its infrastructure net by 2012. international standards. According to that index, Mexico was A total amount of MXN$226 billion • Reduce the accident rate from 0.47 ranked 71st out of 133 countries in 2009- will be invested throughout 2007- 2012, to 0.25 for every million vehicles per 2010, with the following itemization: of which MXN$150 billion will be de- kilometer. AIRPORTS 56TH voted to roads. RAILWAYS 66TH The NIP establishes priority projects Highways Strategic Plan: BANO- PORTS 82ND and will increase public and private re- BRAS leading Role HIGHWAYS 57TH sources allocated to their development by TELECOMMUNICATIONS 65TH means of the following: Mexico has taken a decisive step in im- The aim of the plan is to increase proving its road network, which is vi- economic growth as well as permanent • improving the planning, prepara- tal for interconnecting the country’s job creation by developing transporta- tion, administration and execution vast territory of nearly 2 million square tion, communications, water and energy of the projects by considering tech- kilometers. to make Mexico one of the main logistic nical, economic and environmental The network now covers over 360,000 platforms and promote regional develop- feasibility; kilometers, of which nearly 4,000 are toll ment and tourism. • actively promoting public-private roads administered by Banobras. One of partnerships; these is the 148-kilometer main road join- • Regarding the financial requirements • eliminating unnecessary regulations and ing Guadalajara, the country’s second- for 2012, MXN$189.8 billion is be- simplifying contracting procedures; largest and second-most populous city, to
  • 25. Politics Latin Infrastructure Quarterly 25 the town of Colima, and finally to Manza- nillo, the most important port on Mexico’s Pacific coast. The following strategies are to be fol- lowed in order to achieve the goals pre- viously pointed by the NIP (www.infrae- structura.gob.mx) 1. Complete the modernization of the transversal and longitudinal road net- work (national corridors) that com- municates the country’s main cities, ports, borders and tourist centers with high-specification highways. 2. Build inter-regional roads to improve communication among regions and improve connectivity of the highway network. 3. Place special emphasis on the con- struction of bypasses and access roads to facilitate the continuous flow of vehicles. 4. Improve the condition of all highway infrastructures and reduce the acci- dent rate. Banobras is the Mexican National De- velopment Bank in charge of financing infrastructure, acting both as a develop- ment bank and as a Trustee of the Nation- al Infrastructure Fund (NIF). As a development bank, it provides clients such as municipalities with limited potential leverage capability, to pack their infrastructure projects in order to create a bankable standard vehicle that eases loan requirements. On the other hand, its project finance helps to reduce the risk on the first stages (with less cash flow) by offering financial guarantees and loan syndications, there- fore lowering equity requirements and public resources. As a trustee of the NIF, it promotes private partnership by supporting projects with limited financial profitability and owning non-desired investor’s risks. To sum up, Mexico will guarantee macroeconomic stability and financial markets development to proceed with the infrastructure agenda, funding all projects through Banobras and the NIF, though international investment is possible for
  • 26. 26 Latin Infrastructure Quarterly Politics Mexico has taken a decisive step in improving its road network, which is vital for interconnect- ing the country’s vast territory of nearly 2 mil- lion square kilometers.
  • 27. Politics Latin Infrastructure Quarterly 27 economical and improvements in services (which will support the development of the are a way to get it. The highest traffic attrac- management and monitoring system) tion will depend on the quality of possible al- ternative routes. Mexican authorities looking Strategic Hub for a way to change and to prioritize service and safety decided to change these roles. On Located in Mexico’s Central-Western re- the other hand, it’s a fact that in Mexican gion, the highway that links the towns of Motorways the high toll payment evasion, Guadalajara, Colima and Manzanillo runs sometimes, even by the own concessionary. northeast to southeast, crossing the Mexi- In any toll highway we can separate can States of Jalisco and Colima. five different actions to be done: An average of 10,000 vehicles trav- The new idea, developed by Banobras in els it daily, of which 28% are for heavy order to apply to its highways network, is to transport, largely from the port of Manza- divide these functions in different individual nillo. It has two toll collection points and agents – though some of these could be joined a four-lane roadway, except for one 58- to get better results. To divide and make in- kilometer section where work has already dependent the different tasks and to pay de- begun to enlarge the road. pending on the real administration objectives It was built in 1983 and belongs to one allows for better controls and checking. of the country’s five major logistical cor- • External audits: AE agent ridors, linking east to west with another • Technical direction and control: AAs major port, Tampico, on the Gulf of Mex- agent ico. From there, it connects the country • Operation: O agent to its two major markets in the north: the strengthening financial structures and ac- • Maintenance: M agent United States and Canada. Once the five celerate all processes. • Rehabilitation: R agent pending sections of main road are com- By focusing investments towards Different models have been studied pleted, the Manzanillo–Tampico corridor early stage projects, organizational speed and compared depending on their advan- will reduce the distance between the two as well as portfolio size has considerably tages or disadvantages in order to find the coasts to less than a thousand kilometers increased. best way to obtain the objectives and to In this vein, legal and institutional make the project attractive for the differ- The Route updates will accelerate tender procedures ent interested agents. and will generate new investments by de- In February 2011, INECO, a leading a The main road connects four major popu- leting private partners’ uncertainties. group of Spanish and Mexican companies lation centers (with over 100,000 inhabit- won a contract for the total amount of 620 ants each) and 20 smaller towns. It starts in From Guadalajara to Colima: a million pesos (roughly EUR 37 million) Guadalajara, capital of the State of Jalisco route to efficiency for Mexico to perform this supervisory work for the and Mexico’s second-largest city. Ciudad next 14 years. Guzmán, 139 kilometers to the south, is A new, alternative concession model Two other Spanish companies will also located in the State of Jalisco. is being applied to this new toll road, in be participating: APIA XXI (involved The section covered by the concession which, unlike traditional models, opera- in project supervision and management, ends in the State of Colima, in the city by tional, management, maintenance and structure monitoring and pavement the same name. Another 97 kilometers other tasks are divided among different management) and TEKIA (in charge of away is the port enclave of Manzanillo, independent companies, monitored by an electronic toll collection and Intelligent for which the main road represents an es- “administrative and supervisory agent.” Transport Systems, or ITS). sential communications link. A total of Traditionally, the organization of toll They will be joined by three Mexican 455,000 people reside in the metropolitan highways has been assumed by a unique firms: SEMIC (which will be providing area located around Colima, Manzanillo, operator that played all the possible roles support for instrumentation and control, Villa de Álvarez and Tecomán, compris- and only reported to the Administration. preparing informative profiles and moni- ing 70% of the state’s total population. This THC (Toll Highway Concessionary) toring standards), the law firm Casares- The area’s economic hub is the port of was paid by highway tolls. Castelazo-Frías-Tenorio-Zárate (which Manzanillo. Its location gives it a privileged A change was necessary, at least in Mex- will be responsible for legal mattress and position on commercial routes to Asian ico Motorways, basically by two different consultancy on insurance, easements and markets in the west, the United States to the reasons. The principal aim of concessions is administrative processes) and GRADO 3A north and South America to the south.