Risk Management in Transport PPP Projects
In the Islamic Countries
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This situation seems generally reflecting the fragmentation of the responsibilities involved in
the development and implementation of the relevant plans and investment priorities in
Mozambique. The Ministry of Economy and Finance is responsible for the elaboration of the
relevant plans for the development of the country, and for the identification of investment
priorities, including the ones for the transport sector, that are coherent with the goals set in the
Government Five Year Development Program in the framework of the National Development
Strategy. The Investment & Export Promotion Agency – APIEX (Agência para Promoção de
Investimentos e Exportações), under control of the Ministry of Industry and Commerce, has the
target to attract foreign investments and support the set up of business activities in the country.
The agency has also the remit to promote PPPs in Mozambique and according to PPP legislation,
APIEX is also responsible of performing an assessment of the proposals proposed for
implementation under the PPP model by the line Ministries directly or as part of a PPP
procurement process. As part of this assessment APIEX has to formulate a decision or
authorization proposal for the implementation of the project as a PPP to be considered and
issued by the competent authority as identified in the investment legislation and implementing
regulation. According to the principles stated in the investment, in general terms the decision to
implement a project as a PPP initiative is made by the Council of Ministries. The Ministry of
Transport and Communications defines the relevant sector policies for all transport modes:
aviation, maritime, rail and road. The Ministry of Public Works and Housing has responsibility
on the construction and operation of road and road bridges infrastructure and operations. This
Ministry also supervises the National Roads Administration that is responsible for all highway
related works, operation and maintenance. The Mozambican Road Fund is also under
responsibility of the Ministry of Public Works and Housing, which is in charge of collecting
revenues from road infrastructure related tolls, charges from transit operations and fuel levies.
Mozambique Ports and Railway Company (Portos e Caminhos de Ferro de Moçambique - CFM),
acts as railway infrastructure manager and rail operator and also operates port infrastructure
and services. CFM is also involved as equity investor in several PPPs in the rail and maritime
sector. The Airports Company of Mozambique (ADM) is also worth to mention, which aimed at
promoting the privatization of the airport sector. Regulatory bodies also exist, like INATTER
(Instituto Nacional Dos Transportes Terrestres), which is responsible for the regulation,
monitoring, and supervision of surface transport operations, including railways, as well as
INAMAR (Serviço Nacional de Administração e Fiscalização Marítima) and IACM (Instituto de
Aviação Civil de Moçambique) respectively representing the regulatory bodies of the maritime
and aviation sectors. Notwithstanding the possibility to develop coherent planning strategies,
the above summarized institutional setting shows a quite fragmented and redundant framework
of responsibilities in terms of sector policy definition and particularly in the implementation,
monitoring and supervision of infrastructure projects and services in the transport sector.
Legal provisions
The legal provisions regulating the use and applicability of the PPP model in the Republic of
Mozambique consist of the following main law and related regulations: