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Risk Management in Transport PPP Projects

In the Islamic Countries

238

institutions represent however a financial and fiscal risk for the state, which requires close

monitoring and mitigation measures (WB, 2014, Emek 2015, IMF, 2018).

According to the Ministry of Treasury and Finance,

mitigation measures

have been identified

which relates to the commitment by the Ministry of Treasury and Finance to assume the

outstanding senior loan to lenders with the financing costs in case of an early termination of the

contract, provided that the project assets are taken over by the public administration.

Pre and

post tender approval of debt assumption

by the Ministry of Treasury and Finance is also in

place. The Ministry of Treasury and Finance is also involved in the definition of the scope,

elements and terms of payments of the debt assumption agreement. For theMinistry of Treasury

and Finance risk of debt assumptions mitigation measures have been also considered which

relate to the definition of an annual budgetary commitment ceiling (excluding financing costs,

i.e. interest, breakage and hedging costs), which is determined through rigorous scenario

analysis on effects over debt stock. Another mitigation measure is represented by

partial debt

assumption

, considering 85% of the outstanding debt is assumed if the early termination is

caused by failure of the project company to fulfil its obligations. The maximum hedging cost

subject to debt assumption is also set at 10%of the senior loan. A joint collateral of at least 110%

of the maximum instalment amount by the partners of the PPP project company is applicable,

together with a lump sum option or payment in installations by the Ministry of Treasury and

Finance. An annual budgetary limit for investment guarantees is also foreseen along with the

repayments guarantees and on-lending. As part of the risk management practices by the

Ministry of Treasury and Finance, an internal

monitoring and reporting activity

is also

performed consisting in the elaboration of an internal quarterly fiscal risk bulletin report. This

report includes debt sustainability analyses related to the calculation of the expected losses from

past treasury investment guarantees, and elaboration of different debt assumption scenarios

and public administration's guarantee payment scenarios for the projects involving debt

assumptions agreements (Ministry of Treasury and Finance, 2015).

For projects not benefitting from guarantees by the Ministry of Treasury and Finance, the

Ministry of Transport and Infrastructure is responsible to conduct an internal analysis of

projects under its responsibility (e.g. airport PPPs).

The increase in the number of PPPs should go hand-in-hand with growing awareness and

culture of risk management within the governmental institutions.. Institutional transparency

should be encouraged such as disclosing PPP contract information including public

commitments and risk-sharing arrangements between the involved institutions. In order to

mitigate financial and fiscal risks, projects should be prioritized implementing those that could

perform positively even if in case of downturns in the economy (IMF, 2018).

A set of

standard procedures and guidelines should be preferably adopted that could

include risk management checklists

. These checklists should cover the entire life-cycle and

allow for both the quantitative and qualitative assessment of risks. In consideration of the fact

that BOT projects are mostly developed under a demand guarantee scheme, specific attention

should be given to the optimal definition of the project layout according to the planned demand

to avoid the risk of under or over sizing. In this respect, guidelines and standard

documentation/protocols could also be developed for the procurement stage as a pre and post