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Risk Management in Transport PPP Projects

In the Islamic Countries

133

for the definition of the financial terms and possible liabilities. This proposal, together with

the draft contract documentation is submitted together with all the documents

resulting from the outcome of the bid process to APIEX for its project review

. On the

basis of this review APIEX formulates a decision or authorization proposal for the

implementation of the project as a PPP to be considered by the competent authority

identified in accordance to the legislation relating to investments implementation in

Mozambique. According to this law PPP initiatives in the transport sector are likely to fall

under responsibility of the Council of Ministries.

Based on the positive decision by the

Council of Ministries the line Ministry has the authority to sign the PPP concession

agreement and the contractor has the right to implement the PPP contract

.

The PPP legislation is relatively detailed in terms of the expected

content of the feasibility

studies

required to launch the procurement procedures for the selection of the potential PPP

contractors. The viability appraisal of a PPP candidate initiative looks quite comprehensive,

which shall encompass its technical, environmental, socio-economic as well as financial

feasibility. Particularly concerning the economic and financial analyses, these preliminary

studies shall include a socio-economic analysis, an affordability analysis, a risk/benefit sharing

analysis and sensitivity analyses. The following elements are furthermore specifically

mentioned in the legislation concerning the content of the economic-financial analyses:

assumptions on the tangible and intangible assets, equity and loans, buying and selling prices,

expected revenues, value of any tax incentives, interest rates, inflation, insurance, amortization

rates and foreseeable risks, cash flow and operating results (before and after loan repayments),

indicators for management and solvency of the enterprise, profitability ratios of capital and

other assets, critical point of sales, rate of internal return, tax rate, recovery period of

investments, total net present value and its allocation for investors, partners and shareholders,

demonstration of equitable sharing of financial benefits between the contracting parties.

According to existing literature, socio-economic analysis, affordability assessment including the

identification of the required long term explicit/implicit, direct/contingent liabilities by the

public are elaborated in practice at the stage of identification and preparation of a PPP candidate

project in Mozambique. At this stage financial viability or bankability assessment is also

performed in Mozambique. Market assessment per se does not seem to be explicitly mentioned

in the legislation, but it is performed as part of the feasibility analyses as an input to the

economic and financial appraisals. A risk appraisal, including risk identification, allocation and

assessment seems also to be performed which is also foreseen by the legislation. On the other

hand it seems that standard methodologies are not in use for the ex-ante appraisal of the PPP

projects (WB, 2018). Models are actually mentioned in the PPP implementing regulation that

should be available for use to line Ministry, Ministry of Economy and Finance, as well as

Regulatory Authorities for the feasibility analyses and monitoring reporting activities that are

foreseen by law at the different stages of project development and contract implementation.

However some sources report on problems in the adoption and use of the existing Public

Investment Project Appraisal Manual for Cost-Benefit Analysis, which seems also lacking a

sector-specific methodology. Institutional and professional capacity by the public sector is a