This document provides an overview of privatization in Pakistan. It discusses three generations of privatization that have occurred since the 1960s, with the objectives of strengthening the private sector, improving state-owned enterprise efficiency, and reducing subsidies. More than 165 transactions have generated over $9 billion in proceeds. The Privatization Commission oversees the process of evaluating, restructuring and selling state assets to private investors. Several sectors have been fully or partially privatized, including banking, fertilizers, cement and automobiles. Challenges remain around regulatory frameworks, financial crises, and managing public interests for certain industries. The document recommends maintaining transparency and public awareness to help further privatization efforts.
3.
Privatisation-not a new phenomenon in Pakistan
1960s-privatised factories built by the state to the private sector at nominal prices to
enhance its role
1970s-reversal of the policy, wholesale nationalisation
1980s-denationalisation of the enterprises
1990s-privatisation and deregulation to reap efficiency gains
2000s-privatisation to reduce state losses on subsidies
More than 165 transactions fetched over $ 9 billion proceeds
80 to 100% state owned enterprises in the different sectors have been
handed over to private sector
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4. “…. a transaction by virtue of which any property, right,
interest, concession or management thereof is
transferred to any person (entity) from the Federal
Government or any enterprise owned or controlled,
wholly or partially, directly or indirectly, by the Federal
Government”.
(PC Ordinance 2000)
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5. Generally the state has one or more of the following objectives of
privatisation ;
1.Strengthening of private sector. This was the motive behind the first
generation of privatisation carried out in Pakistan in 1960s when the state
built factories in strategic sectors and handed them over, at very nominal
rates, to the businessmen who were reluctant to invest in these sectors due
to paucity of requisite resources at their disposal and high risks involved.
2. Improving the efficiency and service delivery of the SOEs, whether
profitable or not, by bringing in the incentive and reward mechanism of the
private sector who would inject capital, technology and better management
practices. Pakistan privatised bulk of its SOEs in the second generation
privatisation carried out in the 1980s and 1990s.
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6. 3.Eliminating/reducing the huge state subsidies being given to those SOEs
which are continuously incurring losses but they cannot be closed because
of social welfare considerations or their strategic nature even though better
alternatives are now available in the private sector.
This is the philosophy behind the third generation of privatisation in Pakistan
in 2000s and it is still being done under Public, Private Partnership
(PPP).Here at least 26 % of the shares with management control of an SOE
are given to a strategic investor who injects capital and improves the
management
4.Raising funds in the local and global capital market by divesting shares of
the profitable SOEs. This is resorted to when the state needs cash and starts
selling shares of its blue chip SOEs in the global market or locally.
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7.
Established as a body corporate by the promulgation of
Privatisation Commission Ordinance 2000 by the
President of Pakistan
The Commission is governed and administered by a nine
(09) member Board with Minister for Privatisation as
Chairman
The Board is independent, autonomous and is dominated
by the members from Private Sector
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9.
Proposing regulatory framework,
establishment and strengthening
authorities;
including the
of regulatory
Advising the Federal Government in selection and
appointment of the head and members of a regulatory
authority;
Advising measures to the Federal Government for
improvement
of public sector
units till their
privatisation;
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10.
Assisting in the implementation of Federal Government
policies on deregulation and privatization and advise
the Federal Government on deregulation of the
economy;
Performing any other function that is incidental or
ancillary to carry out the privatisation programme
approved by the Cabinet.
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11.
Outright sale of assets and business through open auction
Partial sale of shares through public auction or tender
Public offering of shares through a stock exchange
Management or employee buyouts
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12.
Award of long term leases
Management or concession contracts
Global Depositary Receipts (GDRs): Euro Bonds etc
Exchangeable / Convertible bonds: Taking loans from
international funds against collateral of shares
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13.
Approval of Council of Common Interest (CCI).
Cabinet Committee on Privatisation (CCoP) decision to
privatise an entity
Hiring of a Financial Advisor (FA) or Valuer
Due diligence by FA and Privatisation Commission
Finalization of transaction structure
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14.
Restructuring and regulatory reforms, if needed
Invitation of Expressions of Interest (EOI)
Submission of statement of qualifications
Prequalification of firms
Due diligence by potential buyers
Sharing of Bid Documents/Instructions with pre-qualified
bidders and pre-bid conference
14
15.
Approval of valuation (reference price) by CCOP
Bidding process (media invited to observe bidding)
Approval of bidding results by PC Board and CCOP
Issuance of Letter of Intent to successful bidder
Finalization of sale agreement between PC and Buyer
Handing over of the entity
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17. 1960s
First Generation Privatisation
Objective Create / Strengthen Private Sector
Strategy
1990s
Build factories and Sell them
Second Generation Privatisation
Objective Reduce Government Losses
Strategy
2000s
Objective
Disinvest, Deregulate
Third Generation Privatisation
Improve Efficiency & Profitability
Strategy Seek Strategic Investors
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18.
Most successful privatisation program in South Asia, Central Asia
and the Middle East
Over $ 9 billion proceeds (Rs. 476,421 million)
167 fairly transparent transactions
100% state owned enterprises in the chemical, textile, nitrogen
fertilizer, cement, rice, roti and light engineering while 98%
automobile industry, 96% ghee mills and
100% units of
Phosphate fertilizer have been privatised
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19.
Banking industry privatised substantially due to which 80% of
the banking sector is under private ownership.
Convenient availability of better goods and services at
affordable prices to the general public
Increased tax revenue to the state exchequer in the form of
corporate taxes
Dividend yields to the public as well as the state which still
holds substantial share holding in these entities
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20.
Emergence of robust private sector
Induced investment and transfer of technology
Improved management/productivity by introduction of
international best practices
Fiscal space for social sectors and infrastructure
development resulting in employment generation and
poverty reduction
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21. Sector
No of transactions
Proceeds/Billion Rs.
Banking
7
41.02
Capital markets
22
133.12
Energy
14
51.76
Telecoms
4
187.36
Automobiles
7
1.10
Cements
17
16.18
Chemical/fertilizer
23
41.92
Engineering
7
0.18
Ghee mills
24
0.84
Rice and roti plants
23
0.32
Textiles
4
0.37
Newspapers
5
0.27
Tourism
4
1.81
Others
6
0.16
Total
167
476.42
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22.
Coming into power of a private sector friendly regime
IMF conditionality in case of bailout
Broad spectrum consensus on need and benefit of privatisation/
deregulation
Robust private sector to take on big SOEs
Comprehensive legal framework available
Experience of 2 decades of successful privatisation
Support of international organizations
Strong judiciary, civil society, and media to ensure transparenc y
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23.
Domestic and International financial crisis
Huge losses of SOEs-how to attract investors
Share values of many likely transactions at all time low
Managing public interest in industries with social
repercussions such as power, transportation etc
Repercussions of 18th Amendment-seeking of provincial
concurrence in each transaction
Regulatory dispute resolution framework needs further
improvement
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25.
Strong elite commitment for privaisation at the political and
bureaucratic level in the form of policy formulation
Translation of this commitment into vision and mission-what, why,
how and when to privatise i.e. loss reduction and efficiency
improvement as basic objectives of privatisation
Scientific structuring of the privatisation deals by looking at the
cash-flow statements rather than assets of the concern
Strategic sale and PPP with management control should be the
main course of action while safeguarding the interest of
employees and the consumers
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26.
Awareness campaign to inform the public about the
entity to be privatised-why we are doing it
Sale of certain percentage of shares to the general
public to create ownership
Corporatisation of the components of the large entities to
generate maximum competition
Transparency to be the cornerstone of the privatisation
process by strengthening the regulatory framework.
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27. Financial Institutions- Banks, Insurance companies
Energy-Electricity Distribution Companies (DISCOs),
Electricity Generation Companies (GENCOs), Oil & Gas
Development Company (OGDCL), Pakistan Petroleum
Limited (PPL), Pakistan State Oil (PSO)
Infrastructure-Pakistan Railways, Port Qasim Authority
(PQA),Karachi Port Trust (KPT),Pakistan Steel Mills
(PSMC)
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28. Sr. No. Transaction
1
Oil & Gas Development Company Limited
2
Pakistan Petroleum Limited
3
Heavy Electrical Complex
4
National Power Construction Company
5
Peshawar Electric Supply Company (PESCO)
6
Quetta Electric Supply Company (QESCO)
7
Hyderabad Electric Supply Company (HESCO)
8
National Power Construction Corporation (NPCC)
9
Faisalabad Electric supply Company (FESCO)
10
Jamshoro Power Company Limited (JPCL)
Pakistan Mineral Development Corporation
11
(PMDC)
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29.
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Privatisation of state owned enterprises is not a new phenomenon in Pakistan
1960s-the first country to privatise factories built by the government to strengthen the private sector
1970s-reversal of the policy and the state started wholesale nationalisation
1980s-denationalisation of the enterprises nationalised during the previous decade
1990s-accelerated privatisation and deregulation which has been termed as the most successful privatisation program in South Asia, Central Asia and the Middle East
More than 165 transactions fetched over $ 9 billion proceeds (Rs. 476,421 million)
80 to 100% state owned enterprises in the different sectors have been handed over to private sector.
Most successful privatisation program in South Asia, Central Asia and the Middle East
Over $ 9 billion proceeds (Rs. 476,421 million)
167 transactions
100% state owned enterprises in the chemical, textile, nitrogen fertilizer, cement, rice, roti and light engineering while 98% automobile industry, 96% ghee mills and 100% units of Phosphate fertilizer have been privatised
Banking industry privatised substantially due to which 80% of the banking sector is under private ownership.
Privatization is an instrument of economic policy. It is the transfer of property or control of assets used to deliver goods or services from the public to the private sector.The narrow definition refers to privatization at the level of the firm or units within it. While there are different forms of privatization, a widely accepted definition of privatization encompasses the privatization of management as well as the privatization of ownership.
Broadly defined, privatization is the abolition of barriers to private sector provision of services or the infrastructure necessary for their delivery. The broad definition refers to privatization at sector level (e.g., telecommunication, electricity, social security, etc.). It is more complex than enterprise level privatization as it often involves restructuring of a whole sector and not just one firm. It involves giving the private sector the right to use or access the public domain (radio spectrum, land, right of way, etc.) to build and operate a network industry. It also involves defining the “public service” dimension and licensing the private sector to deliver such services. The broad definition of privatization requires putting in place legal and regulatory mechanisms to ensure that private providers do not overlook the public dimension of the services they are licensed to deliver and do not fail to meet pre-announced policy objectives (coverage, access, etc.).
Privatization, however, can also be used to refer to those measures taken by a government to increase the role of the private sector in an economy. It is in this sense that privatization was, and is, used in the case of the former socialist economies in Central and Eastern Europe and the former Soviet Union. But it can also be used in the case of some Arab economies that are undergoing transitions, albeit of a different kind. Some countries, such as Egypt and Tunisia in the 1980s and Algeria today, are striving to move from a state-controlled and dominated economy to a market-based economy where the private sector plays a much greater role. Other countries, such as the oil rich countries in the Gulf, have begun to realize the importance of privatization in diversifying their economic base away from a heavy reliance on the energy sector.
Once the FA or valuation firm (for industrial transactions) completes the valuation, it is considered to be the reference price and is presented to the Board and CCOP for approval. Board holds its meeting in PC which acts as its Secretariat.
Prior to the bidding, a pre-bidding conference is held to address investor concerns and questions. While project team or FA propose the bidding process, it must be approved by the Board and media has to be invited to it according to law.
The buyer has to deposit the whole amount before taking over the entity. 25% (including earnest money) is to be paid within 15 days. Remaining 75% is to be paid within 45-90 days. On full payment LOA is issued after obtaining approval of the Board of PC and CCOP. If the successful bidder does not make payment within stipulated time then the earnest money deposited by him is forfieted. This earnest money is deposited by all pre-qualified bidders before actual bidding process starts.
Bidding Process
Round One:
a) On the Bidding Date, when the Commission is satisfied that the Bidding Process can commence, the Commission shall request each of the Qualified Bidders to place the sealed envelopes containing their Bid Letter into the bid box.
b) The Commission will open each of the sealed envelopes and announce the value of the bid received from each Qualified Bidder and will enter the same on the record sheet to be established by the Commission for this purpose. The omission of a Qualified Bidder’s signature on the record sheet shall not invalidate the contents and effect of the record. Any Bid Letter that does not conform to the format prescribed at Annexure ‘D’ shall be declared as non-compliant and shall be rejected.
c) The Bidders with the highest three bids (“Three Highest Bidders”) in Round One shall stand eligible for participation in Round Two.
Round Two: (Open Auction or Out Cry)
a) The Commission shall immediately thereafter, invite the Three Highest Bidders who participated in Round One to participate in Round Two and bid through an open auction. The Three Highest Qualified Bidders invited for Round Two must not submit bids that are lower than the highest bid which has been submitted in Round One. The open auction shall commence from the highest bid submitted in Round One with a minimum raise of Rupees Five (Rs. 5.00) per share or multiples thereof. Where the sale does not involve shares an appropriate amount is determined for the raise.
b) In the event, the highest Bid received by the Commission on conclusion of Round Two is lower than the minimum price acceptable to the Commission, the Three Highest Bidders shall be requested by the Commission to equal or exceed the ‘minimum price acceptable to the Commission’ in a manner starting first with the Highest Bidder in Round Two and thereafter, in descending order of the respective Bids. If one of the Three Highest Bidders equals or exceeds the ‘minimum price acceptable to the Commission’ then the bidding process will stand concluded and no further rounds will be held.
All bids are required to be valid for a period of ninety (90) Business Days from receipt.
Bidding takes place normally with three or more bidders but at least two are required to move ahead.