MULTILATERAL INVESTMENT GUARANTEE AGENCY WORLD BANK GROUP. Political Risk Considerations and Risk Mitigation

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I N S U R I N G I N V E S T M E N T S E N S U R I N G O P P O R T U N I T I E S Political Risk Considerations and Risk Mitigation May 12, 2005 George Washington University

Who is MIGA? MIGA s guarantees program Types of investments covered MIGA s guarantees program Provides insurance to protect investors and financial institutions from non-commercial risks Can provide up to $200 million per project and more Equity and quasi-equity Shareholder loans and loan guaranties Non-Shareholder loans Technical Assistance Management Contracts Leases Franchising and Licensing Agreements Performance Bonds Interest rate hedging instruments and more

MIGA portfolio exposure in North Africa Europe & Central Asia 25% Asia & the Pacific 13% Latin American & the Caribbean 38% Sub-Saharan Africa 21% Middle East & North Africa 3%

MIGA s portfolio sector exposure Outstanding portfolio distribution by sector (approx. $5.5 billion) Gross exposure in % as of June 30, 2003 FY99 FY00 FY01 FY02 FY03 Infrastructure 19 29 29 36 41 Financial 42 34 36 35 29 Manufacturing 15 12 9 9 10 Mining 13 12 9 8 6 Oil and Gas 3 2 5 4 6 Tourism 2 2 2 2 4 Services 5 8 6 4 3 Agribusiness 1 1 4 2 1 100 100 100 100 100

FDI Inflows to Developing Countries (US $ billion) 300 250 253 200 172 150 100 50 0 30 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003* *Estimate Source: UNCTAD World Investment Report, 2003

Flows to emerging markets MAJOR DROP SINCE 1997 $350 Net long-term flows to developing countries, 1991-2001 $300 $250 Capital Markets FDI Total Net Private Flows $200 $Billions $150 $100 $50 $0 ($50) Source: The World Bank Asian Financia l Crisis Russian Financia l Crisis Tech Bubble Collapse Argentina Financial Crisis ($100) 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002

Financing emerging market investment Reduced number of investors: reconsideration of portfolios in emerging markets Many of the bankable projects identified in traditional markets (middle income emerging markets) Failure of privatizations in Senegal, Armenia, Georgia, Mauritania, Ukraine, PNG, Ecuador, Bolivia Undeveloped infrastructure opportunities existed but macroeconomic, legal and regulatory concerns affected investor appetite

- Oil & Gas Sector - Global FDI Projects by Economic Region (2003-2004) Middle East 10% Developing Asia-Pacific 34% Developing Europe 16% Developed 20% Source: LOCOMonitor Developing 80% Africa 16% Latin America & Caribbean 24%

- Oil & Gas Sector - LAC - FDI Projects by Economic Region (2003-2004) Peru 7% Argentina 22% Bolivia 8% Rest of Developing World 76% Source: LOCOMonitor Latin America & Caribbean 24% Venezuela 14% Colombia 15% Mexico 15% Brazil 19%

- Oil & Gas Sector - LAC FDI Source Markets (2003-2004) Source: LOCOMonitor

- Oil & Gas Sector - Peru FDI Source Markets (2003-2004) Source: LOCOMonitor

- Oil & Gas Sector - LAC FDI Source Markets By Host Country (2003-2004) Source: LOCOMonitor

- Oil & Gas Sector - LAC FDI Projects Key Business Functions by Source World Region (2003-2004) Source: LOCOMonitor

- Oil & Gas Sector - Peru FDI Projects Key Business Functions by Source World Region (2003-2004) Source: LOCOMonitor

- Oil & Gas Sector - Peru FDI Projects Source Markets by Technology/Product (2003-2004) Source: LOCOMonitor

- Oil & Gas Sector - LAC FDI Projects By Investment Band (2003-2004) more than half of the projects involved less than US$ 250 million investment N.B. Investment information is not captured for all projects. Source: LOCOMonitor

- Oil & Gas Sector - PERU FDI Projects By Investment Band (2003-2004) more than half of the projects involved less than US$ 100 million investment N.B. Investment information is not captured for all projects. Source: LOCOMonitor

- Oil & Gas Sector - LAC - FDI Projects by Source Countries (2003-2004) USA No. Of Projects 51 % Of Projects 29.10% No. Of Projects % Of Projects Spain 24 13.70% Venezuela 2 1.10% Canada 23 13.10% Mexico 1 0.60% Brazil 15 8.60% Ireland 1 0.60% Netherlands 10 5.70% Germany 1 0.60% UK 9 5.10% Italy 1 0.60% France 8 4.60% Chile 1 0.60% Japan 5 2.90% Denmark 1 0.60% Russia Norway Belgium China Australia Source: LOCOMonitor 5 4 4 3 3 2.90% 2.30% 2.30% 1.70% 1.70% India Bahrain Taiwan Total 1 1 1 175 0.60% 0.60% 0.60%

- Oil & Gas Sector - LAC - FDI Projects by Destination Countries (2003-2004) No. Of Projects % Of Projects Argentina 34 19.40% Brazil 31 17.70% Mexico 22 12.60% Colombia 21 12.00% Venezuela 20 11.40% Bolivia 11 6.30% Peru 10 5.70% Ecuador 9 5.10% Source: LOCOMonitor Cuba Trinidad & Tobago Chile Dominican Republic Guatemala Bahamas Panama Uruguay Total 5 5 2 1 1 1 1 1 175 2.90% 2.90% 1.10% 0.60% 0.60% 0.60% 0.60% 0.60%

How real are the risks? Financial crises in a number of regions have confirmed that classical political risks do exist Recent investor experience includes: repossession of privatized assets defaults on government obligations revocation of concessions given by previous governments financing difficulty for new projects contract frustration due to inadequate legal & regulatory frameworks Risk arena widening, as sub-sovereign partners increasingly involved

Some lessons Projects must be economically viable Requires framework of sound sector strategies, good policy planning, willingness to uphold contracts, even in adversity Poor project economics enhance pressures to renege on commitments (concession agreements etc.) Poor project design / poor public policy can hurt Good documentation cannot offset weak demand Poor projects may exacerbate matters which could eventually increase political risk Financial engineering / risk mitigation (PCG, PRG, full wrap) can help but Attract foreign investors, extend maturities, reduce costs, etc. but no substitute for project fundamentals

What role for MIGA and other MDBs? As a multilateral agency, less influenced by market forces Continued focus on developmental impact of cross-border investments Mandate to work together with other public and private insurers even more important now Counter-cyclical role

Role for the WBG Going Forward General policy fostering macro-econonic stability and growth Strengthening of institutions integrating the Bank s extractive sector policy and transactions with overall country policy Development and support of local financial markets Pooling together and legitimizing local investors Deepening bank market and lengthening tenors Guarantee, insurance and credit enhancement instruments Funding of and advising on sector designing and restructuring (including implementation phase) Sticking with investors through both good and bad times (including incentive/sanction structure encouraging compliance by host government) Providing guarantees for certain major risks

What can MIGA and others provide in this environment? Member of the World Bank Group Umbrella of deterrence only 3 claims in 15 years Objective intermediary between governments and investor countries (successful mediation cases for non-guaranteed projects) Extensive resources and knowledge of emerging economies from all parts of the World Bank Group Host country approval needed for MIGA s coverage (no host government counter guarantee required)

Mitigating regulatory/policy risk More important than instruments: better contracts: Clear guidance to the regulator in contract Specify tariff formulas as much as feasible Clarify appeal process Fast track arbitration timeline Specified exit payments if no agreement can be reached Through mitigation instruments PRG and MIGA s breach of contract (BOC) can mitigate regulatory risk

PRG/BOC Can mitigate some of performance risks Tariff commitments Regulatory process Non payments by Governments of amounts due (e.g. Output Based Assistance) Termination amounts

BOTTOM LINE: Effective Risk Allocation A good deal is one where the risks are apportioned to the parties most capable of managing them efficiently and costeffectively. This allows a good investment to go ahead even in a country perceived to be risky.

Thank you! www.miga.org nhalkas1@worldbank.org Oil & Gas, Mining, Chemicals department: +1-202-458-1012