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Risk Management in Transport PPP Projects

In the Islamic Countries

131

evidences of such type of activities and the report by the Supreme Audit Institution denunciates

gaps in this respect.

In addition to the issues identified by the Supreme Audit Institution in the monitoring of the

existing PPPs, gaps seem also existing at the stage of planning and identification of the initiatives

to be further developed and eventually implemented as PPPs. As a matter of fact national

transport master plans and strategies do not seem to be available which set and prioritize

investments also identifying those that may be more suitable to be implemented as PPPs. The

existing PPP contracts have been all developed on the basis of unsolicited proposals, which

demonstrates a dominant reactive approach rather than a proactive attitude towards the

management of PPPs. Sector responsibilities also complicate the framework as the Ministry of

Public Works and Housing has competence in road transport, whereas the Ministry of Transport

and Communication has responsibility over rail and maritime projects, specified that CFM has

historically retained all competences in the rail sector. The governance of the PPPs in the rail-

maritime sector is furthermore complicated by the fact that CFM is also a shareholder in the PPP

projects in the rail-maritime sector, with an apparent situation of conflict of interest also

evidenced in other studies (USAID, 2010; Fischer & Nhabinde, 2012; WB, 2012; DFID, 2015;

Supreme Audit Institution, 2018). To solve this criticality the regulatory authority INATTER was

assumed to take over the role of supervising and monitoring agencies. However this does not

seem to have occurred yet in practice (Supreme Audit Institution, 2018), and it is not clear

whether this institution has the resources and capacity to perform such control and monitoring

duties.

In order to respond to the questions raised by the Supreme Audit Institution, the government

was also assuming to amend the existing legislation (Supreme Audit Institution, 2018). Changes

in the legislation and procedures in the above summarized context may however not be

effective. The fragmentation of the existing institutional setting and its fragility in terms of

capacity seem representing a potential risk that legal provisions and procedural best practices

may not be implemented and even implementable. A structural reformmay be required to solve

the fragmentation of competences and responsibilities as well as the existing conflicts of interest

affecting the rail-maritime PPPs. In addition, measures aimed at strengthening the technical

capacity of the personnel should be considered. Both the Fiscal Risk Unit and the Supreme Audit

Institution appear to have greatly benefited from training programs that increased their

capacity in the field of project financing and PPPs. Such measures could be extended to other

institutions provided that PPP units/departments are previously identified and resources

allocated to them.

Investment attraction

The Investment & Export Promotion Agency – APIEX, has been established by the Mozambican

government under the control of the Ministry of Industry and Commerce, with the purpose of

attracting private foreign investments to Mozambique. The agency is acting as a one-stop shop

for potential foreign investors and the promotion of PPPs is also foreseen among its activities,

specified that the unit is not dedicated to PPPs.