PUBLIC-PRIVATE-PARTNERSHIPS FOR INFRASTRUCTURE FINANCING IN THE MENA REGION “The Political Economy of PPP’s” by Charles Kovacs, Vice Chairman Committee on Non-Member Economies BIAC – Business and Industry Advisory Committee to the OECD Istanbul, Turkey 8 November 2006 The Political Economy of PPP’s – The Background • • • • EUROPE’S AND AMERICA’S INFRASTRUCTURE WAS BUILT MAINLY BY PRIVATE CAPITAL 18th CENTURY: POSTAL NETWORKS, TURNPIKES, CANALS 19th CENTURY: RAILWAYS(PPP), UTILITIES 20th CENTURY: TOLL ROADS, PIPELINES, RECENTLY:PRIVATIZATION OF INFRASTRUCTURE, PRIVATE CAPITAL FOR GOVERNMENT FACILITIES OF ALL TYPES The Dynamics of PPP’s – Public Sector Issues THE NEED FOR INFRASTRUCTURE: • OBJECTIVE FACTORS: COMMUNICATIONS, ECONOMIC GROWTH, PUBLIC HEALTH • SUBJECTIVE FACTORS: PRESTIGE, POLITICS, AND PATRONAGE • PPP FOR RISK REDUCTION AND OFF BALANCE SHEET FINANCING – INABILITY TO INCREASE TAXES – CHANGES IN IDEOLOGY – POLITICIANS DESIRE TO AVOID HARD CHOICES AND/OR RESPONSIBILITY The Dynamics of PPP’s – Private Sector Issues THE PROFIT MOTIVE: • LARGE BANKS ARE NOW FOCUSED ON RETAIL RATHER THAN WHOLESALE, CORPORATE, INTERNATIONAL FINANCE • LENDERS RECEIVE A LOWER RETURN THAN BUILDERS AND/OR OPERATORS FOR ESSENTIALLY THE SAME RISK • PROJECT/INFRASTRUCTURE FINANCE LESS ATTRACTIVE THAN BEFORE, ESPECIALLY IN DEVELOPING COUNTRIES The Dynamics of PPP’s – Private Sector Issues THE PROFIT MOTIVE: • INTERNAL STRUGGLES IN BANKS OVER CREDIT APPROVALS FOR PPP FINANCE • PREFERENCE FOR ADVISING AND RAISING FINANCE FROM THIRD PARTIES • CONSTRUCTION COMPANIES NEED LARGE INFRASTRUCTURE WORK ABROAD • OPERATORS (SOME GOV’T OWNED) LIKE OVERSEAS PROJECTS FOR PROFITS, VARIETY, AND AS POTENTIAL POISON PILLS AGAINST PRIVATIZATION • RISK ALLOCATION IS A MAJOR ISSUE Risks for the Public Sector • LOSS OF CONTROL (EMPLOYMENT, PATRONAGE) • LOCAL HOSTILITY TO FOREIGN PRESENCE, PRACTICIES, AND/OR OWNERSHIP • HIGHER COST OF FINANCING • LACK OF REGULATORY CAPABILITY • POPULAR HOSTILITY TO PAYMENT FOR PREVIOUSLY FREE OR CHEAP INFRASTRUCTURE Advantages for the Public Sector • CERTANITY OF CONSTRUCTION AND ITS COSTS • EFFICIENT OPERATION • INCREASED AND POSITIVE ATTENTION FROM ABROAD • POSITIVE BUDGETARY IMPACT Risks for the Private Sector • • • • • • CONSTRUCTION PERFORMANCE COMMERCIAL POLITICAL LEGAL ENVIRONMENTAL Striking a Balance = Mitigating Risks • BOT TO MITIGATE NATIONALISTIC OBJECTIONS • USE OF FOREIGN LAW AND ARBITRATION • EXTENSIVE AND DETAILED CONTRACTS • INSURANCE • AVOID POLITICS OR POLITICISATION • INCLUDE INTERNATIONAL FINANCIAL INSTITUTIONS Conclusions • PPP HAS A GOOD TRACK RECORD • PPP IS A DILEMMA FOR MANY GOVERNMENTS DUE TO POLITICS AND/OR IDEOLOGY • GOVERNMENTS NEED TO UNDERSTAND PPP AND THEN DECIDE WHETHER OR NOT TO PROCEED • APPROACH/REQUIREMENTS FOR ATTRACTING CAPITAL ARE SAME AS FOR FOREIGN DIRECT INVESTMENT • IMPORTANCE OF DOCUMENTATION AND LEGAL ISSUES