OECD-ASEAN Training on Investment Policy Making

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With the support of the Government of Japan OECD-ASEAN Training on Investment Policy Making Module 5 Promoting private investment in infrastructure 12-14 June 13, Da Nang

Outline 1. The role of infrastructure in the economy and current infrastructure challenges 2. The OECD Principles for Private Participation in Infrastructure

Why infrastructure matters? Two important reasons Important intermediate good for manufacturing and service industries Final good for consumption: improves quality of life Lack of adequate infrastructure Hinders market participation Limits competition which can lead to monopolistic pricing, particularly in rural areas Limits ability to participate in educational opportunities Creates barriers to adequate health care Source: Seneviratne and Sun (13), Infrastructure and income distribution in ASEAN-5: what are the links?, IMF Working Paper No. 13/41.

Why infrastructure matters? EXAMPLE Impact of infrastructure on trade costs Trade costs are reflected not only in direct monetary outlays, but also in indirect expenses such as time and uncertainties days is a typical trans-pacific shipping time Each additional day spent in transport reduces the probability that the US will source from that country by 1-1.5% Source: Bob Finlayson (8), Infrastructure for economic growth and development, Presentation.

Source: World Bank database. THA VNM HA VNM 9 9 HA VNM HA VNM Infrastructure needs are large and Access to diverge electricity, 9 Access to electricity, 9 Access to ICT per 1 people, 11 considerably Access Access to ICT to electricity, per 1 people, 9 11 across countries Access to ICT per 1 people, in 11 the region Fixed broadband Fixed broadband Internet subscribers Telephone lines Mobile cellular subscriptions Fixed broadband Inte Fixed broadband Internet subscribers Telephone lines Mobile cellular subscriptions Access to electricity, Fixed 9 broadband Internet subscribers % Telephone of the population lines Access Mobile cellular to ICT subscriptions per 1 people, 11 Per 1 people Access to electricity, 9 Per 1 people Access to % 1 ICT of the per population 1 people, 11 Per 25 1 people 25 Per % of 1 the people population 16 1 25 Per 1 people Fixed broadband Internet subscribers Telephone lines Mobile cellular subscriptions 1 25 16 25 Fixed broadband Internet subscribers 1 Telephone lines Mobile cellular subscriptions 16 14 % of the population 14 1 Per 1 people 14 1 % of the population 1 1 Per 1 people 825 16 1 1 25 8 1 16 15 8 1 14 15 1 15 1 15 15 6 1 14 1 8 6 1 6 8 8 81 1 1 6 415 11 1 8 6 1 6 4 6 15 4 1 4 8 5 56 4 5 1 48 6 4 5 5 1 6 4 4 5 MMR BRN KHM IDN LAO MYR PHL THA VNM MMR BRN KHM IDN LAO MYR PHL THA VNM 4 MMR BRN MMR BRN KHM IDN LAO MYR PHL THA VNM 5 MMR BRN KHM IDN LAO MMR MYR BRN PHL KHM THA IDN VNM LAO MYR PHL THA VNM MMR BRN MMR BRN KHM IDN LAO MYR PHL THA VNM MMR BRN KHM IDN LAO MYR PHL THA VNM Access Road to network improved density, water 1 source, and 9 Road network density, 1 and 9 Acce MMR BRN KHM IDN LAO MYR PHL 9 THA VNM MMR Access BRN to KHM improved IDN LAO water MYR Road source, PHL network 9 THA density, VNM 1 and 9 Access Access to improved water source, 9 % of population with access km % of of population road per 1 with Kmaccess 2 of land area 1 8 1 Road network density, 1 and 9 km of road per 1 Km 2 of land area 1 7 8 1km of road per 1 Km 2 of land area 68 7 8 5 87 6 4 6 6 6 5 35 4 4 4 4 3 1 3 KHM IDN LAO 1 MMR BRN KHM IDN LAO MYS MYR PHL THA THA VNM VNM MMR KHM IDN LAO MYS PHL THA VNM 1 km of road per 1 Km Road network density, 1 and 9 of land area % of population with access km of 8road per 1 Access Km 2 of land to improved area water source, 9 1 Access to improved 8 water source, 9 7% of population with access 1% of population with access 7 1 6 1 6 8 5 1 1 5 6 48 4 8 3 4 6 3 6 4 1 4 1 MMR KHM IDN LAO MYS PHL THA VNM MMR BRN KHM IDN LAO MYR THA VNM A Acc % of population w % 1 of population with 1 1 1 8 8 6 6 4 4 MMR KH

...and infrastructure investment falls short of needs Infrastructure investment gap in Asia Source: ADB (7), Survey of Market for Sub-national finance in Asia and the Pacific

Infrastructure investment needed is quite significant in East and Southeast Asia Investment needs as a percentage of estimated GDP 1- Water & Sanitation ITC Electricity Transport Total.16.14-13.61% 13.45%.12.1 8.71% 8.12%.8.6 5.39% 6.18% 6.68% 6.4% 6.4% 4.91%.4.2 Cambodia PRC Indonesia Lao PDR Malaysia Mongolia Myanmar Philippines Thailand Viet Nam Source: Bhattacharyay (1)

Large share of investment is needed in new capacity Demand is likely to grow faster than the increase in infrastructure networks Rapid GDP growth and urbanization Creating new demand for infrastructure & competitiveness Source: Battacharay (12), Estimating demand for infrastructure energy, transport, telecommunications, water and sanitation in Asia and the Pacific: 1-, ADB Working Paper No. 248.

Meeting infrastructure demand requires broadening sources of financing Actual investment is likely to be less than half the amount needed: mobilized from Public sector Fiscal constraints International donors Donor assistance is a finite resource and can best be used to help catalyze broader sources of funding Private sector Governments have been cutting back the use of public sector debt Source: Bob Finlayson (8), Infrastructure for economic growth and development, Presentation.

There is a need for stronger private participation in infrastructure Worldwide infrastructure needs exceed what can be funded by the public purse In OECD countries: ageing basic infrastructure In developing countries: a need to step up efforts to meet development goals. Private participation brings efficiency gains Tapping the technological and managerial expertise of the private sector Competition, wherever feasible, brings market discipline Better allocation of risks

Private sector investment in infrastructure in East Asia & Pacific Investment commitments in infrastructure projects in EAP, by sector, 199-11 Water and Sewerage Transport Telecom Energy 4 35 3 25 15 1 5 199 1991 1992 1993 1994 1995 1996 1997 1998 1999 1 2 3 4 5 6 7 8 9 1 11 Source: World Bank PPIAF database. Obs: Projects include management or lease contracts, concessions, greenfield projects, and divestitures. The database contains almost 5, projects dating from 1984 to 11.

However, attracting private investment in infrastructure faces many challenges A number of private participation in infrastructure projects in the past have failed Often the main cause was not project specific, but short-comings in investment environments, capacities and attitudes Related to the nature of infrastructure projects: Customers fear that firms will use their market power (natural monopoly) to overcharge Firms fear that government will use their regulatory power to prevent firms from covering their costs Governments remain central to the delivery of infrastructure services, either as providers or enablers No actor can replace government weakness in policy formulation, regulation and risk management.

Outline 1. The role of infrastructure in the economy and current infrastructure challenges 2. The OECD Principles for Private Participation in Infrastructure

The OECD Principles for Private Investment in Infrastructure Demand for clearer forms of public support and risk sharing arrangements High level cancellations: less risk taking parties Important needs and competition for financing (across countries and across sectors) & financial crisis >>> more selective investors Advice on how to avoid the mistakes of the past Synthesising a large body of analysis and case examples Offering recommendations of best practices, agreed among a variety of experts and policy communities to help governments work with private sector partners The process for developing the Principles Developed by the Investment Committee in co-operation with other OECD bodies Consultation with a broad group of public and private sector experts from OECD and non-oecd countries, as well as from NGOs Approved by the OECD Council on March 7 Specific applications to water & sanitation and to the energy sector

The 5 areas of the OECD Principles 1. Deciding on public or private provision of infrastructure Services Informed & calculated choice, project financial sustainability, tailormade model, preserving fiscal discipline 2. Enhancing the enabling institutional environment Enabling environment, corruption, competition, access to financial market 3. Goals, strategies and capacities at all levels Consultation, empowerment of authorities, clear and broadly understood objectives & strategies, cross-jurisdiction cooperation 4. Making the public-private cooperation work Communication, disclosure of information, fair & transparent contract awarding, output-based, regulatory bodies, renegotiations, dispute resolution 5. Encouraging responsible business conduct Responsible business conduct, good faith & commitment, corruption, communication, responsibility for social consequences

Example 1: Deciding on public or private provision of infrastructure services Principle 1 Principle 1: The choice by public authorities between public and private provision should be based on cost-benefit analysis taking into account all alternative modes of delivery, the full system of infrastructure provision, and the projected financial and non-financial costs and benefits over the project lifecycle. Why private participation? Private operators can bring much needed-capital, relieving public budgets And also an entrepreneurial and results-driven approach to infrastructure Superior performance is not straightforward...depends on incentives created by regulation and competition Some activities, ownership is largely unrelated to performance Benefits of public provision Access to cheaper funding depending on government s credit condition Co-ordination of infrastructure facilities...but the public agencies or SOEs are more prone to political influence, which may hinder performance

Example 1 (cont.): Deciding on public or private provision of infrastructure services Principle 1 Cost-benefit analysis should be a guiding policy principle Limited resources requires prioritising investments How much, where to allocate financing and how to deliver? Cost benefit analysis Value for Money: The best available outcome after taking account of all benefits, costs and risks over the whole life of the project Not the lowest price - Qualitative and quantitative approaches to assess a range of project outcomes in addition to price Taking into account alternatives: the Public Sector Comparator A benchmark to ensure the procurement method gives the best Value for Money Functions as a cost benchmark Based on public sector financing and coordination of delivery

Example 1 (cont.): Deciding on public or private provision of infrastructure services Principle 1 What type of projects are normally suitable for private sector participation? Large projects to justify transaction costs which can be as high as 3% of bid costs compared to 1% for traditional procurement Need to be able to clearly define the outputs There is a need for a competitive private sector that can bid and credibly supply the service Need to be able to demonstrate that value for money is being achieved Risks need to be allocated, based on the principle that the party who assumes the risk is in the best position to manage that risk

Example 2: Deciding on public or private provision of infrastructure services Principle 2 Principle 2: No infrastructure project should be embarked upon without assessing the degree to which its costs can be recovered from end users and, in case of shortfalls, what other sources of finance can be mobilised. Cash-flow is essential: the problem is paying for the service and not financing it EXAMPLE Pricing determines demand and incentives to supply the services Cost-covering price is the basis for realistically assessing the affordability of a project Allows determining an optimal level of subsidisation Subsidies often poorly target the most needed and fail to reach the poor But if needed, should be tied to efficiency and performance Source: reproduced from Klein (12), Infrastructure policy: basic design options, World Bank Policy Research Paper No. 6274, November

Example 3: Deciding on public or private provision of infrastructure services Principle 3 Principle 3: The allocation of risk between private parties and the public sector will be largely determined by the chosen model of private sector involvement, including the allocation of responsibilities. The selection of a particular model and an associated allocation of risk should be based upon an assessment of the public interest. Allocation is determined by the model chosen of private participation Risks should be allocated to the party best capable of managing them There is a continuum of risk-sharing arrangement possibilities Risk/Return: governments might feel tempted to shift as much as risk possible to the private sector.....but this must balance against the price the private sector will require to bear those risks

Example 3: Deciding on public or private provision of infrastructure services Principle 3 Many risks are involved in infrastructure projects Construction risks: relate to deign problems, building cost overrun and project delays Financial risks: variability in interest rates, exchange rate and other factors affecting financing costs Availability risks: relate to continuity and quality of service provided and in turn depend on availability of an asset Demand risks: relate to ongoing need for the service Residual value risk: relate to future market price of assets Technology risks Non-commercial objective risks Political risks

Example 4. Enhancing the enabling institutional environment Principle 7 Principle 7: The benefits of private sector participation in infrastructure are enhanced by efforts to create a competitive environment, including by subjecting activities to appropriate commercial pressures, dismantling unnecessary barriers to entry and implementing and enforcing adequate competition laws When feasible competition should be pursued in infrastructure activities Expose competitive activities to competition and subject monopoly activities to regulation Unbundling infrastructure activities Vertical: separating upstream and downstream segment Horizontal: allowing more than one provider How to ensure competition Competition in the market Competition for the market Regulated natural monopoly activities prices are set by the regulator

Source: World Bank (1998), Concessions for infrastructure: a guide to their design and award Example 4 (cont.): Enhancing the enabling institutional environment Principle 7 Examples of Market Structure Reforms

Example 5. Goals, strategies and capacities at all levels Principles 9, 1 Principle 9: Public authorities should ensure adequate consultation with end-users and other stakeholders including prior to the initiation of an infrastructure project Principle 1: Authorities responsible for private-operated infrastructure projects should have the capacity to manage the commercial processes involved and to partner on an equal basis with the private sector counterparts Authorities should improve their ability to deliver Clear communication with stakeholders to convey realistic expectations of what the private sector can achieve and ensure communities interest are preserved Particularly when subsidy cuts and shifting to price covering levels are expected Ensure public authorities have the capacity to partner or service the private sector Often, they lack planning and implementation capacity Governments should focus in ensuring appropriate staff and training is available Costs of doing so should be included in the overall project design PPP units Successful ones: Staff with a mix of expertise - Attached cross-sectoral ministry (treasury or finance ministry) - High-level political support for the PPP programme

Example 6. Making the public-private co-operation work Principle 13 Principle 13: To optimise the involvement of the private sector, public authorities should communicate clearly the objectives of their infrastructure policies and they should put in place mechanisms for consultations between the public and private partners regarding these objectives as well as individual projects Clear communication of public sector expectations is essential to best gain from private-sector participation in infrastructure Public sector expectations of the performance of infrastructure providers should be, to the greatest extent possible, specified: in terms of the services to be provided to the public the pricing methods that may be applied to them Output-based specifications of objectives are easier to verify, more relevant to stakeholders and encourage greater efficiency and flexibility than other arrangements Granting private sector participants the freedom to meet the end-users needs in the way they deem most efficient also, from their perspective, removes a number of risk factors Regular and timely consultations help to mitigate problems that may arise and facilitate creating trust between the public and private partners

Example 7. Making the public-private co-operation work Principle 17 Principle 17: Regulation of infrastructure services needs to be entrusted to specialised public authorities that are competent, well-resourced and shielded from undue influence by the parties to infrastructure contracts Creating a credible regulatory environment Independent regulatory bodies, adequately staffed and with clear responsibilities and powers, to ensure regulatory coherence overtime Independence from political pressure: to be able to undertake necessary unpopular measures, such as tariff increase in response to rising costs for instance Independence from operators: to avoid measures to the detriment of competitors or new entrants Accountable for their decisions to avoid opportunism, corruption and inefficiencies E.g., independent auditing of regulators performance, justify decisions, publicize Transparent and predictable, with rules and agreements accessible to the public Respect for precedent decisions

Concluding... 1. Deciding on public or private provision of infrastructure Services 2. Enhancing the enabling institutional environment 3. Goals, strategies and capacities at all levels 4. Making the public-private co-operation work 5. Encouraging responsible business conduct

Thank you Fernando Mistura Policy Analyst Investment Division, OECD 2, rue André-Pascal 75775 Paris Cedex 16, France Tel. 33 () 1 45 24 83 68 fernando.mistura@oecd.org PFI : www.oecd.org/daf/investment/pfi PFI Toolkit: www.oecd.org/investment/pfitoolkit Investment Policy Reviews: www.oecd.org/daf/investment/countryreviews