Developing a PPP market: Getting the fundamentals right

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Developing a PPP market: Getting the fundamentals right Essentials for private sector participation 17 March 2016

Why does private sector care about PPP projects? PPP projects offers stable cash flows and returns These are important to pension fund investors, seeking to match income with their pension fund liabilities and providing for retirement for growing numbers of baby boomers. PPP projects offers varying risk profiles PPP investments offer opportunities all along the risk spectrum, from greenfield projects in developing nations to mature operating assets in developed countries. Investors are competing for new opportunities Availability of capital has increased competition for traditional assets such as investment, real estate, forcing up prices and squeezing yields. There are untapped opportunities Emerging markets such as South Asia, South East Asia, China Brazil and India have exploding infrastructure needs. In mature markets, new sectors are opening to significant private investment. Page 2

Why should Myanmar Government care about private sector? Incentivise whole-life approach Private financing drives value and discipline Real risk transfer Underwritten long-term solution Robust competition drives value Private sector will bear the projects risks that are inefficient for the Government to assume The effectiveness of Government s procurement processes will be enhanced if private sector perspectives are properly factored in to process design decisions Page 3

What will private sector look for? Political support and stability Projects pipeline Policy, legislation and guidelines Fundamentals for private sector participation Selecting the right projects Frameworks Capital markets Page 4

01 Political support Why is Political Support required? Perceptions of the role of the PPP model in addressing the infrastructure gap can vary Bidders will receive confusing messages regarding objectives and scope, and principles of the PPP program Gain clarity over the government funding sources (for Availability based projects) Avoid delays in land, environmental and inter-departmental clearances Private sector gets the confidence that government will be a reliable and proficient counterparty Page 5

02 Policy, legislation and guidelines Why policy, legislation and guidelines are required? Laws and regulations empower the government and private sector participants to enter into such long-term contracts. Provide rules and limitations governing the circumstances in which PPPs must be considered for projects. Principles and constraints underpinning the implementation and management of PPPs. Reduce the risk of challenges, disputes, delays Generate confidence from the international investor, funder and contractor PPP market. Ensure proper performance of chosen PPP partners Usually government has an inherent right to contract, but PPP-specific laws can be introduced There are countries which have developed extensive guidelines but still do not have a PPP legislation!! E.g. Australia, UK, South Africa, Mexico, Saudi Arabia Page 6

03 Frameworks: Institutions and process Why an efficient framework is required? Private sector confidence is enhanced by: Model Concession Agreements (MCAs) with robust risk allocation framework Clarity over Dispute resolution mechanism Consistent positions lead to greater private sector engagement and supporting a stronger pipeline Standardisation outcomes Shorter procurement timeframes leading to lower bid costs for both the public and private sector partners Standard frameworks ensure no more reinventing the wheel Page 7

Beyond standardisation private sector will need clarity on sector and project specific commercial and technical principles Page 8 Roads Urban Transport Airports Power / Energy Water Supply & Sanitation Healthcare Education Traffic volume, Tariffs/ User charges, Credit risk Traffic volume, Paying capacity Traffic volume, Economic regulations, Non-tariff revenue Tariffs / Charges, Regulations on distribution / transmission Paying capacity, Collection efficiency, Credit risk Pricing regulation, Linkage with govt. s health insurance policy Government financial support, Infrastructure & student support, Lack of standard metrics for performance review

03 Frameworks: Institutions and process Dedicated PPP unit There is no one size fits all approach Separate authorities for policymaking, contracting/monitoring, and dispute resolution to prevent conflict of interests Most of them are established within a central government department (such as finance) or as executive agencies owned by a central department. Primary roles Policy direction Program and project delivery support Approvals Quality control Promoting PPPs within government Engaging with market participants Secondary roles Trend towards a more sector-specialisation in a dedicated PPP-unit in line ministries and a more formal role in the procurement decision but dedicated pipeline of projects essential Page 9

04 Capital markets Why access to Capital markets is important for Myanmar? Lack of dedicated financial institutions Limited involvement of insurance/ pension funds Lack or underdeveloped financial products such as long term loans How can the access to funding be improved? Institutional investors are attracted by instruments that match their risk appetite Pension funds and insurers are returning to PPPs. Different forms of government intervention include: subsidising the interest payments or providing credit enhancements for project bonds project bundling government guarantees. Page 10

05 Selecting the right projects/project structures Type Description Sectors Examples Revenue Based (Economic infrastructure) Project feasible from revenue from user charge only Roads / Highways Airport Power / Energy Tourism Revenue + Govt. Support Only with Govt. Support (Social infrastructure) Project feasible with mix of revenue from user charges and Government support Project feasible with Government support (Revenue from user charge insignificant) Roads / Highways Urban (water supply & transport) Tourism Roads / Highways Urban (water supply & transport) Healthcare Education Page 11

Private sectors confidence will increase if initial projects are: Strategic the projects which meet a clear identified need and priority Simple the initial projects should not be overly complex Scalable while the first projects may be relatively simpler, they could sit within a longer-term program that includes more complex projects Affordable public sector can allocate sufficient budget Bankable private sector lenders should be willing to finance the project given adequate risk transfer scheme Leverage existing, successful structures where possible the first projects should leverage existing, successful commercial and governance structures The first PPP projects should have an important demonstration effect on the market, showing that PPPs are feasible and successful, and increasing investor confidence for future PPP Page 12

06 A strong project pipeline provides private sector the confidence to invest in resources on a long-term basis A strong pipeline of projects: Signals that Government invests in and is commited to long-term planning of PPP projects Eliminates political risk Delivers certainty over government funding commitment Establishing a strong pipeline is a virtuous circle, and requires: Clear definition of a project with defined output and performance measurement criteria Appropriate structuring projects on a case-by-case basis Maintaining consistency and certainty of government regulation Clarifying bid requirements in the tender package Page 13

Every attribute cannot be achieved on Day 1 Different countries are at different levels of PPP activity High Stage III UK Canada Australia Sophisticated risk models Total lifecycle model Pension funds and private equity funds Improved government capabilities Stage II Netherlands Portugal Spain France USA Dedicated PPP units New sources of funds Service innovation Multiple projects and sectors Stage I China India Slovakia Russia Bulgaria Croatia Kuwait Dubai Qatar Mexico Brazil South Africa Policy and legal framework Public procurement vs. PPP Central PPP policy unit Develop deal structures and build marketplace Apply early lessons Low Low Transaction Activity Level High Page 14

Thank You Abhaya Agarwal Partner - Infrastructure and PPP Ernst & Young LLP 3rd & 6th Floor, Worldmark-1 IGI Airport, Hospitality District, Aerocity New Delhi 110037, India Phone: +91 11 4363 3000 Email: abhaya.agarwal@in.ey.com Page 15