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Infrastructure investment latin america 2011

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Infrastructure Investment Latin America 2011, presented by Alternative Latin Investor, is a comprehensive guide to the changes underway in one of the world’s fastest growing regions. In particular, it analyses the role of private-public-partnerships (PPP) in major infrastructure projects, and examines the ways in which you can incorporate this dynamic sector in your portfolio.

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Infrastructure investment latin america 2011

  1. 1. Infrastructure Investment Latin America 2011
  2. 2. Infrastructure Investment Latin America 2011
  3. 3. Executive Summary The development of infrastructure works and services in Latin America needs of successful partner-ships between the public and private sectors. Our history has shown that any infrastructure programled by one of those one sectors without the other will fail to meet the results needed to improve theregion’s competitiveness and welfare. With this report we intend to provide our readers a comprehen-sive description of the current state of infrastructure development in LatAm and a thorough analysis ofwhat the public and private sectors in Latin America are supposed to contribute to achieve successfulpartnerships. The report starts with a look at the public sector in Latin America. To be an effective partner in thedevelopment of infrastructure, this sector needs highly specialized and independent units capableof describing to the private sector exactly what it is expected to do, negotiating the allocation of risksand monitoring performance. The report navigates through these and other measures being taken tofoster the private sector’s involvement in infrastructure development and also focuses on areas thatneed improvement highlighting costly mistakes that led to less than satisfactory projects. -cuses on the latter and analyzes the role of banks, pension and specialized infrastructure funds, andand Peru, two increasingly popular countries in the region when it comes to infrastructure investmentas well as their current and upcoming projects. The report also dedicates a section to the International Finance Corporation as the largest multi-With my best personal regards,Patricio AbalInfrastructure Editor 3
  4. 4. ContentsExecutive Summary .............................................................................................................................3Introduction ...........................................................................................................................................5Public Sector ........................................................................................................................................9 Fostering Private Sector Involvement in Public Infrastructure Projects...................................10 Areas for Improvement ...........................................................................................................13 Mistakes Made: Failed Projects ..............................................................................................14Private Sector ....................................................................................................................................16 Infrastructure Funds.................................................................................................................17 Pension Funds .......................................................................................................................18 Capital Markets.......................................................................................................................18 A quick note on the “Latin American Trust” .............................................................................19Multilateral Financial Institutions - IFC ..............................................................................................20 Peru.........................................................................................................................................24 Colombia.................................................................................................................................25Acknowledgments..............................................................................................................................284
  5. 5. IntroductionI n the last two decades, investment in infrastruc- in 2009. Mexico, Peru, and Chile account for ture projects that rely on private-public partner- most of the rest. ships (PPPs) has steadily increased in Latin America, and the region is expected to invest The highly active energy subsector accountedUS$450 billion in infrastructure assets between for the most investment, with 43 new projects2011 and 2015, mostly in the surface transport and and US$25.1 billion, up 127% from 2008. Thatenergy sectors. A recent World Bank report states amounts to 48% of the year´s total investment.that, in 2009, “69 infrastructure projects with private There were 31 projects and US$19.9 billion devoted to energy generation, with a 10.4GWsing in eight low-and-middle income countries in rise in capacity, much of it from two large hy-Latin America and the Caribbean, involving invest- dropower plants in Brazil. Electricity transmis-ment commitments of US$31 billion.” This total sion had twelve projects and US$1.5 billion ofrepresents an 83% increase from 2008. There was investment.additional private investment in ongoing projectswhich had originated between 1990 and 2008, with The boom in energy compensated for declines ina total investment in infrastructure PPPs in 2009 the other subsectors. Investment in telecom fellof $52 billion. In terms of total investment in 2009, 37% in 2009, to $14.8 billion, with no new projects,Latin America boasted more private participation though this subsector has accounted for the mostin infrastructure projects than any other developing total investment in dollars in the past two decades.region in the world (34%). Investment in transport fell 6%, to US$12.1 billion, with 23 new projects, mostly in Brazil, Mexico, andAs Norman Anderson, CEO and President of LG/CA Peru. Water and sewerage received its lowestInfrastructure LLC, puts it, “The pipeline of infrastruc- investment in two decades, with US$14.8 millionture projects is increasingly robust in the region´s invested in three new projects.big countries,” including Brazil, Chile, Colombia, andPeru, where private investment is strongest. Most projects since 1990 have been either green- -Brazil accounts for most of the new projects (47of the 69) and new investment (75% of the total) concessions. 5
  6. 6. Source: The World Bank Group6
  7. 7. Investment in Projects in the Primary SectorSource: The World Bank Group 7
  8. 8. The rise in infrastructure PPPs bodes well for the assets in Latin America. This report is a contribu-region. As Andrew Bogan, Managing Member of tion to that conversation. In the following sec-Bogan Associates LLC, notes, “When you look tions, we examine the various factors that con-at countries that have allowed a fair amount of tribute to the success and failure of infrastructure PPPs, laying out the current state of affairs andconcession operators in infrastructure, they have the ways in which the infrastructure communitybetter infrastructure and higher GDP growth. expects things to improve. We focus especially on the larger economies of South America, withand its people. Getting it built is a good idea, and particular focus on Colombia and Peru. Ourgovernments simply can´t build all of it with the information is based largely on interviews withcapital constraint they all have today.” observers and players from both the public and private sectors in several Latin American coun-“There is a continuous conversation,” Mr. Bogan tries, as well as private sector experts from theadds, “about what the role of government should U.S., all of whom are intimately aware of the chal-and shouldn´t be” with respect to infrastructure lenges and promises of infrastructure PPPs.8
  9. 9. The Public Sector 9
  10. 10. Fostering Private SectorInvolvement in PublicInfrastructure ProjectsT he public sector´s attitudes, policies, and many governments are coming to understand frameworks regarding PPPs determine that, as he puts it, “capital is constraint….They to a large extent how private investment can´t pay for their desired projects with their tax in infrastructure projects will fare. As base alone.” He uses Brazil as an example of aMr. Anderson notes, a fundamental aspect of the country that has followed an innovative model, generally maintaining public control of projects during the construction phase, when employmentto want to participate, and the public has to have opportunities are greatest, and then transferringa sense that private operation of infrastructure is their assets to private hands during the operation phase, recycling the capital from the sale backand not just a few people.” He singles out Chile into new projects. Mr. Anderson also mentions a general shortagefor every other country. of skilled labor, especially in engineering, as a reason for governments to solicit private involve-Mr. Bogan observes three main causes of resis-tance to private involvement: deep-seated socio- careers, dating back to the 70s, when there isn´tpolitical prejudices against the private sector, as enough talent available” to build what govern-is especially evident in countries such as Venezu- ments need to build.ela; a desire to protect assets of sovereign na-tional importance, which accounts for why Brazil As Mr. Bogan sums it up: “There are some pro-has yet to privatize its airport operations, for jects it makes tremendous sense for the govern- - ment to build and operate, but there are others where private investment really is the best mod-three factors, among others, have inhibited the el.” He expects to see a strong shift toward wel-public sector´s acceptance of private investment coming private investment across Latin America.and ownership. In a recent report entitled Infrascope 2010, the Economist Intelligence Unit (EIU) gauges the legal, political, and regulatory frameworks with res-proved increasingly irresistible. As Mr. Bogan ob- pect to PPPs across Latin America, and remarksserves, although most infrastructure projects are on the overall improvement of conditions. Of thecurrently government-owned across the world, 19 countries examined, 4 (Chile, Mexico, Guate-10
  11. 11. mala, and Panama) have implemented appropri- tional framework, and operational maturity. The EIU also notes that Argentina, Uruguay, and theare in the process of doing so. Chile, Brazil, and Dominican Republic “have reduced the risk ofPeru get the highest ratings in the report´s index,followed by Mexico, Colombia, and Guatemala. obligations….[In each country,] the likelihood and/Those six countries, in some combination, get or track record of government payments to privatethe best grades for regulatory framework, institu- partners for infrastructure projects has improved.”2010 InfrascopeSource: Economist Intelligence Unit 11
  12. 12. We interviewed experts from Chile, Colombia,Peru, and Argentina, asking their opinions of the but we´ve also approved adequate sums of statecurrent state of affairs and what they expectedfrom the future. In Colombia, Jean Philippe Pening Gaviria, Di-In Chile, Rigoberto Garcia Gonzalez, the Interna- rector of Sustainable Energy and Infrastructuretional Coordinator and National Coordinator for in the National Department of Planning, givesIIRSA in the Ministry of Public Works, cited two the construction of the Ruta del Sol (Route ofconcessions-related laws passed in 2010 and a the Sun) as an exemplary case of public-privatelaw regarding the freedom and transparency of partnership. Part of a larger effort to connect theinformation passed in 2008 as propitious devel- interior of the country with the ports of the Atlanticopments for private investment in his country. “In coast, the Ruta has been characterized, he says,general,” he said, “public works projects have by a long-term vision, an optimal distribution ofbeen characterized by an excellent interaction risks, and a large portion of the investment con-between the public and private sectors.” As ex- centrated in future operating and maintenanceamples of exemplary PPP projects, he mentioned stages.the Tran-Santiago public transport system, theconstruction of the Plaza de la Ciudadanía, andthe highways connecting Santiago and San Anto- more detailed discussion of projects, policies, andnio (Ruta 78) and Santiago, Valparaíso and Viña overall conditions in Colombia and Peru.)del Mar (Ruta 68). Argentina ranked 12 of 19 in the Infrascope 2010In Peru, Conrado Falco Scheuch, the Chief of In- report, indicating that there is substantial room forformation and Economic Studies for ProInversión improvement in creating conditions conducive to private investment in infrastructure. In an interview,with fostering private investment in Peru), pointsto the construction of the country´s major high- that certain sectors are improving, especially ag-way grid as an exemplary project. Much of this riculture, real estate, tourism, and mining, all withconstruction involved coordination with IIRSA, help from foreign private investment. He was pes-including integrating Peru and Brazil. Falco says simistic, however, about the prospects of improvingthat these projects “are of major importance and private investment under the current administration.their effective use has been much greater than “It´s not so much that it´s a lef-tist administration,”the original projections. We have developed he said, “but that there aren´t clear and transparentdiffe-rent innovative procedures and facilitated rules for private investment in infrastructure.”12
  13. 13. Areas for ImprovementI n spite of the optimism and success stories, Mr. Falco Scheuch concurred, saying that, in there is much room for improvement. As the Peru, “there is much room to shorten the pro- EIU notes, summing up its Infrascope 2010 cesses, simplify administration, and reduce costs report, the recent, encouraging reforms have with respect to private projects in public services.”been necessary “because of widespread weak- He also suggested that more attention could benesses” in existing legal and regulatory frame- given to public relations, “to ensure a better re-works and skills throughout the region, which ception of private investment on the part of localthey had reported in Infrascope 2009. And while public opinion.”there is a marked upward trend in such countriesas Chile, Brazil, and Peru, there are still many Mr. Pening Gaviria of Colombia agrees that “ef-countries in the region with weak private sectorcooperation, including several “which have shown He gives the following recommendations in gen-no interest or have been damagingly inconsistent eral:in their attitude towards private sector participa-tion.” PPP conditions across the continent are Optimizing the transfer and distribution of riskpoorer at the local, regional, and federal – as op- between the public and private sectors;posed to the national – levels. Improving studies to accurately gauge the requirements of the infrastructure projects andAnderson adds that attracting private investment, their services;and developing infrastructure in general, is partic- Designing new forms of public-private as- -“Small countries are having real problems,” he sary for the active participation of institutionalsaid, “it´s just so expensive to do projects. Their investors.public sectors aren´t as capable as they need to - Mr. Grosman pointed to the following problematicline of infrastructure projects. I think you have a areas in Argentina:‘has/has-not’ situation in Latin America.” Regulatory discretion, especially involvingIn Chile, Colombia, and Peru, however, the cur- tariffs;rent concern is less over political will or overall The lack of institutionalization in the decision-capabilities and size than on improving the politi- making process, which hinders private invest-cal and legal frameworks surrounding PPPs. In ment; The lack of guarantees to back up invest-environments need to improve. ments;Regarding Chile, Mr. García González said: “The defaulted in 2002;processes, requirements, and waiting periods have The current administration’s lack of emphasisto be sped up and streamlined as they are in de- in productive infrastructure such as railroadsveloping countries, and generally the rules need to and ports.become more and more clear and transparent.” 13
  14. 14. Mistakes Made: Failed ProjectsM uch as conditions have improved, The lone project in Chile was the Américo Vespu- cio Oriente urban highway in the metropolitan area PPP have persisted, manifesting often of Santiago. The tendering process has dragged in canceled or distressed operations. on for six years, with a total investment of US$1.37The World Bank reports that, between 1990 and billion. Mr. García González explains: “One of the2009, 131 PPP infrastructure projects were re- reasons for the delay has been the faulty decision-ported canceled or distressed, representing a total making process regarding the construction alter-of $50.3 billion of investment. The country-by- natives (above-surface vs. subterranean) and thecountry breakdown is as follows. concession model to employ.”14
  15. 15. Mr. Falco Scheuch said that, in Peru, perhaps Mr. Pening Gaviria explained that Colombia hasthe worst case of distressed projects involved had projects fail at various stages. “Some havethe transfer of electrical companies to the south- been declared abandoned in the tendering stage,ern region of the country. “Due to certain dis- while in others it´s been necessary to declare thatagreements, much of it at governmental level the contract has fallen through.” He gives the fol-and having to do with political pressures…the lowing causes as possibilities: “Weak structuring ofprocess was halted and the program´s general -strategy had to be changed.” He adds that gen- signs for tendering; unclear contracts; and projectserally most of the problems and inconvenienceswith respect to private investment have been inthe water/sanitation sector. 15
  16. 16. The Private Sector16
  17. 17. A lthough the success of PPPs depends speed rail investments, for instance, than for to a large extent on public sector readi- investments in energy distribution or telecom. ness and execution, there remain the There are other factors that increase risk, as well, questions of how and why private sector such as unpredictable political factors; the possi-parties can and should invest. The answers vary bility of overzealous governmental regulation andfrom country to country, and depend largely on in- price-capping, or even nationalization; and the risks inherent in large markets. But in terms ofrecent EIU report rates such conditions across the fundamentals that determine long-term risks, infrastructure companies tend to be strong.tegory, leading the region with an almost perfect Mr. Bogan remarks on the dependability of infra-score.” Brazil, Mexico, Panama and Peru also structure investment. Speaking of funds devotedscored relatively well. The EIU states, however, exclusively to infrastructure assets (see “Infra-that there is vast room for improvement almost structure Funds” below), he says that if inves-everywhere. tors want exposure to an economy like Brazil´s, it is better to be invested in infrastructure than, - for instance, certain commodities, as the valueture assets is that they tend to offer consistent of infrastructure is determined more directly byreturns. Infrastructure companies usually have Brazil´s expanding economy. “If you want expo-solid fundamentals, hold concession rights or sure to some big sugar or soybean producer,” helicenses that restrict competition and protect them remarks, “then you´re not making a bet on the - Brazilian economy. You´re betting on commoditymune to the economic cycle. Though there are prices, which are very volatile.”high development costs, including design andconstruction, there are relatively low marginal There are several sources through which thecosts for production, and little or no competitiononce in operation. infrastructure. In the sections that follow, we look at these sources, examining their unique roles.Risk-return will vary according to subsector, withgreater risk-return for airport, sea port, and highInfrastructure FundsI nfrastructure funds purchase shares in infra- have emerged in Latin America. Examples in- structure project companies and work with clude a fund established by Ashmore Investment strategic investors such as operators and cons- and Inverlink in Colombia (see the country-speci- truction companies to maximize revenue andincrease equity value over time. The performance Management´s Colombian and Peruvian fundsof such funds is tied to their ability to extract divi- (see below), and a Macquarie Group fund in Me- xico. The Brazilian investment bank BTG Pactualcing. They may ultimately sell their shares to other and the domestic conglomerate EBX have eachowning members of the project´s consortium, a third announced plans to set up major infrastructureparty, or the public through an IPO. gest investment banks, has an infrastructureIn recent years, several major infrastructure funds 17
  18. 18. Pension FundsM any countries in the region allow pation of pension funds in the infrastructure invest- domestic pension funds to commit ment will reduce the political and regulatory risk, as capital to infrastructure funds and one expects better discipline on the part of govern- hold long-term debt issues. In a re- ments with respect to contracts and the rules of thecent report, the Banco Bilbao y Vizcaya Argentaria game, if the wellbeing of local workers is at stake through private pensions,” says the report. Pensionbetween pension funds and infrastructure PPPs in funds might also be attracted to the relatively goodthe Latin American context. From the point of viewof the funds, for one, they are often interested in the report notes that private pension funds “can gar-infrastructure funds because the long-term life-cycle ner public favor if the public sees that the funds areof infrastructure assets tends to match their long- investing in projects that improve their daily lives asterm liabilities and “permits optimal planning.” Atthe same time, “It´s to be expected that the partici- funds.”Capital MarketsL isted infrastructure shares in capital markets the one hand, and that country´s ability to expand are seen by investors as an attractive option because of intrinsic characteristics of both - the underlying business and the investment cial center, one of the few in the southern hemi-vehicle. They represent a dependable way to diver-sify portfolio risk. The highly local nature of infra- recent growth of their economy to have a domes-structure businesses and projects and their relativeimmunity from the economic cycle gives them a low scope and international presence.”correlation with broader stock trends. For this reason, he is “very encouraged” by theIn recent years, shares of Latin American infra- recent joining of the Chilean, Peruvian, and Co-structure companies have outperformed their lombian capital markets. “Of those three mar-benchmarks: the S&P Global Infrastructure Fund; kets,” he says, “Peru´s and Colombia´s are lessMacquarie Global Infrastructure 100 ETF; and the familiar to typical international investors. There´sS&P Emerging Markets Infrastructure Index Fund” a sense that there will be better access to private company listings from other parts of the AndeanAndrew Bogan observes four reasons why inves- region that could be very attractive but are cur-ting in listed shares is particularly attractive: the rently off the radar screen.”greater clarity of dividend yields; added liquidity; Norman Anderson concurs, saying that the mer-and higher standards of transparency and repor- ging gives the three countries “a critical mass that´s useful….I see them as being incrediblylast point can be especially important for a skepti- energetic potential protagonists in the whole in-cal public sector. frastructure business. And it´s infrastructure and education that make countries grow year afterHe also observes a correlation between the depth year.”and breadth of a country´s capital markets, on18
  19. 19. A quick note on the “LatinAmerican Trust”T he Latin American Trust, also known as the payments by the public sector to the private - cessions” of several provincial airports. regional governments have been ableto attract private sector resources into infrastruc- The expansion of the Bogotá-Girardot highway is - without a doubt one of the most important workscomiso is used to guarantee obligations, access in the history of ground transportation in Colom-domestic and international capital markets, and bia. The consortium that was granted the conces-carry out projects as the “special purpose vehicle” sion of the project transferred all the economic(SPV) needed to contain all the contractual and - services institution. One of the purposes of isolat-Within its framework, a settlor transfers a group ing these rights was to provide credit support for the asset backed securities issued by the sameproperty to a trustee, who in turn administers the trust and sold in the capital markets to investors. The bonds issued by “Fideicomiso Concesión Au-completion of the contract the assets are trans- topista Bogotá – Girardot S.A” were rated Triple A and Double A.transferred assets constitute a special patrimonyimmune to the creditors of any of the parties project. In this case, project sponsors transfer all the project assets to the trust and constitutekept aside. has a mandate to both administer the assets and enter into the contractual relations typical - -deicomiso a suitable way to guarantee that the est construction company in Latin America, the Brazilian “Construtora Norberto Odebrecht S.A”,kept aside. The Peruvian national government was hired to install 1700km of gas pipelines that will run from north to south in Argentine territory.monetary resources to pay for the expropriation This massive project, valued in billions of dollars,of the land needed to carry out the second phaseof the expansion of Lima’s international airportwould be there when needed. Since the inter- Odebrecht signed an EPC (Engineering, Procure-national consortium operating the airport had to ment & Construction) contract with the winners ofraise the money for the expansion works in the the project’s public tender, the rights and dutiesinternational capital markets the strength of the emerging from the contract were immediately as- -more, this same trust guarantees the regularity of new client. 19
  20. 20. Multilateral Financial Institutions20
  21. 21. The International FinanceCorporation (IFC)T he IFC, part of the World Bank Group, Recently the IFC established its Asset Manage- ment Company (AMC), owned entirely by the and supporting private sector investment IFC, to be a fund manager for third-party and in development-oriented projects in nu- IFC’s capital mobilized under various IFC initia-merous sectors including infrastructure. The IFC tives, including investors from pension funds,operates worldwide, though the largest portion of sovereign wealth funds, and others. The purposeits commitments are in Latin America, with over of the AMC is to mobilize capital to address the$3 billion of its own accounts invested in 133 new - ger-term development needs around the world.2010 representing 24% of its total commitments.18% of its Latin American commitments in that We spoke to Gabriel Goldschmidt, the IFC´syear were in the infrastructure sector. Since Manager for Infrastructure in Latin America and2000, the IFC has invested $4.2 billion in infra- the Caribbean, about IFC´s approach to and role in infrastructure development in the region.has invested more than $4.2 billion in infrastruc-ture projects in the region since 2000. He explained the IFC´s general institutional strat- egy for investing in collective investment vehiclesAmong the aspects of the IFC´s mission are focused on infrastructure assets:“supporting private sector participation in infra-structure” and “improving the investment climate “By leveraging new capital sources through IFCby promoting reforms for dynamic private sector AMC’s funds, IFC is able to make more invest-development.” from increased access to IFC programs and a newSome major IFC-backed projects in the regioninclude the Totoral Wind Farm in Chile, which in- to IFC’s unparalleled expertise in developing andvolved a $30.8 million investment and 30.8 million frontier markets, as well as its track record of strongsyndication and is “expected to reduce carbon returns in these markets. These investments aredioxide emissions by about 70,000 tons a year,”and Ruta del Sol Highway (see above), a $2.6 bil- development without replacing what we do throughlion project for which the IFC structured the PPP. direct equity or loan investments.” 21
  22. 22. Mr. Goldschmidt gave several factors that the IFC kind – wind, hydro, biomass, solar, etc. -- butconsiders when investing in infrastructure projects: also promoting ways of using resources more The stability and quality of the legal and regu- latory framework in which the project will be The logistics sector, which Mr. Goldschmidt situated; says is essential in helping, for instance, The stability of the company and its track coastal countries integrate their coasts with record working with such regulatory and legal their interiors and centers of consumption, frameworks; and generally improve their competitiveness; The quality and track record of the sponsor or Water in general, including improving potabil- group behind the project; ity and access, in accordance with the U.N. The general rationale of the project: Why is Millennium Development Goals. (He notes it necessary to invest? Is it delivering a valu- that, although there is relatively less private able service to a population in need? Etc. sector involvement in water when compared to power and transport activities, this is onHe points to three general subsectors in line with the rise, and most new projects are under theIFC´s development interests which he considers Public Private Partnership framework (PPP))the most active and important currently: Infrastructure related to climate change, which includes not only renewable energy of every22
  23. 23. Country-Specific:Peru and Colombia 23
  24. 24. P eru and Colombia both have expanding We interviewed people in Peru and Colombia to economies and rapidly improving condi- get their observations and expectations regarding tions for private investment in infrastruc- ture. As Norman Anderson says, “After pertain to PPP infrastructure projects, as well astwenty years of not doing anything, Colombia their opinions regarding the most important sec-could explode like Spain did between 1995 and tors and current activity.2005.” He expects continuous long-term infra-structure development in Peru, as well, especiallywith the precipitous rise of commodity prices.Peru Politics Legal FrameworkPeru has a governmental agency devoted ex- Ms. Maraví Sumar and Mr. Harman say that theclusively to the promotion of private investment, legal framework for private concessions is goodcalled ProInversión. As Conrad Falco Scheuch in Peru. “However,” they added, “there continuesaid, “The Peruvian state has an ambitious pro- to be institutional problems that introduce ob-gram of concessions and PPP headed by ProIn- stacles to the process. For example there areversión, with approximately 60 projects requiringinvestments of over US$8 billion, principally in injunctions -- when a court can suspend a con-infrastructure for public use.” He added that one cession during the tendering process” and effec-of the most important aspects of ProInversión is tively close it down. They claimed that the speedhow it “coordinates with regional and municipal of this judicial process often “depends on whogovernments to collaborate with them in the pro- the plaintiffs are. It´s a matter of political connec-cesses of attracting private investment.” tions, and it´s hard to trust in judicial decisions.”Milagros Maraví Sumar and Diego Harman, of Financingagreed that ProInversión was a major factor in Ms. Maraví Sumar and Mr. Harman explain thatimproving the overall conditions for PPP infra-structure projects. They claimed, however, that the project and investment. For projects that cost over $80 million, most investment comes fromwith expertise, that expertise is lacking at theregional and local levels, and that often there are with investment banks such as Morgan Stanley,problems of coordination and implementation. Merrill Lynch, and Deutsche Bank. Smaller pro- jects usually rely on local bank loans. The IFCMs. Maraví Sumar and Mr. Harman added that, and other development banks are also active inwhile the country is preparing for national elec- Peru.tions in April 2011, they do not expect the out-come to have much bearing on Peru´s improving Sectorsconditions for private investment, as both of themajor candidates are pro-business with platforms Ms. Maraví Sumar and Mr. Harman give a longpromoting private investment. list of promising infrastructure sectors: Roads;24
  25. 25. Ocean and river ports; urban electric rail trans- operators that will be devoted exclusively to theport; water and sanitation projects, including for strengthening of the petrochemical industry;water desalination; and hospitals. Lorenzo, 4km from Lima, integrating it into the Current and Upcoming Projects capital with a series of bridges, and creating a sort of “satellite city on the sea, with special ar-Mr. Falco Sheuch gave us some examples of eas for production or recreation with the latestexciting projects in the pipeline: technologies.” The government´s promotion of the development of a zone chosen by the corresponding privateColombia Politics transportation, energy, and telecommunications, among other subsectors, now incorporates otherMr. Pening Garavia explained the recent history sectors as well, such as health, education, infantof Colombia´s political posture with respect to care, and justice.”private investment: “The process of increasingprivate sector participation in infrastructure ser- Legal Frameworkvices began in the early 1990´s with the liquida-tion of public entities and the privatization of partof state businesses and industries and part of the Ruiz, an expert on the legal aspect of infrastruc-national bank. It proceeded with the private con- ture development in Colombia noted that the legalstruction, operation, and maintenance of public framework currently is less than ideal for PPPs.infrastructure, particularly through transportation “We have a set of rules governing procurementconcessions, the opening of the telecommunica- contracts,” she explained, “and this set of rulestions services market, and the sale of shares of was enacted in 1993.” Originally the rules actuallystate-owned companies in the energy sector. facilitated the structuring of PPPs, “because youSince the year 2000, the process has continued were just applying some simple principles. Butthrough a consolidation and strengthening phase since 1993 we have amended that initial statute,with national and municipal projects.” and today we have a rather constraining statute whereby the regulations applicable to the structu-The entire process has been aided by the Pro- ring of PPP agreements are the same rules thatgrama de Apoyo al Proceso de ParticipaciónPrivada y Concesión en Infraestructura (Programto Support the Process of Private Participation “Right now,” she said, “there´s a general planand Concession in Infrastructure), headed by the among lawyers and the government to discussNational Department of Planning and the Ministry -of Works. “As the results have been excellent,” plicable only to PPPs, to try to separate generalMr. Pening Garavia says, “the program, which procurement from structuring big projects withwas initially focused on transportation, urban private investment.” 25
  26. 26. dardized sector “with its own set of rules andgovernment rules and regulations often don´t uniform and stable regulation from both the technical and legal standpoints,” adding that it works as a free but appropriately regulatedinternational standards. For instance, with trans- market. She was also enthusiastic about theport concession projects – a highway project, for transport sector, noting that that is where theinstance -- currently the private concessioner has lion´s share of government-sponsored develop-to deal with real estate issues surrounding the ment will be happening in coming years – inproject, instead of the government transferring a highways, ports, and airports. She singled outcomplete rite of passage directly. Such an ar- -rangement “generally scares away foreign inves- vested in Colombian transport projects.tors” and needs to be reformed. Current and Upcoming Projects Financing Mr. Pening Garavia named the following notewor-Ms. Abello notes that several infrastructure funds thy current or near-future projects:have been incorporated in Colombia recently,“because that sector is the upcoming investment The aforementioned Ruta del Sol, a work-in- progress connecting the interior of the country -lombia Infrastructure Fund, which includes Brook- three parts, two of which have signed con- tracts to begin and one of which is ready to beits investors. Ashmore Investment and Inverlink signed;also manage a recently created US$500 million The Central Railroad System (Sistema Fer-infrastructure fund focused on Colombia. roviario Central), a concession project about to be tendered, which will connect the cities of Sectors Honda and Chiriguana; The structuring of a project to link up privateAccording to Ms. Abello, “The safest sector to capital with infrastructure projects for legalinvest in from a fund perspective is the electric -sector.” She explained that it is a highly stan- intendent Notary and Registrar.26
  27. 27. DisclosureA lternative Latin Investor has neither necessary seek professional advice. Information been paid for, nor sought payment for, throughout this article, whether charts, articles, work relating to producing this report or any other statement or statements regard- and no payments have been made forparticipating in this report. obtained from sources which we, and our sup- pliers, believe reliable, but we do not warrantThe material and opinions on this report are for or guarantee the timeliness or accuracy of thisinformational purposes only. This report is not information. Nothing on this article should beintended to serve as any type of recommenda- interpreted to state or imply that past results aretion, reference suggestion, and/or proposal for any indication of future performance. Neither wethe design and/or execution of any and all types nor our information providers shall be liable for - any errors or inaccuracies, regardless of cause,gies and/or commercial transactions. Nor is this or the lack of timeliness of, or for any delay or - interruption in the transmission thereof to thecounting or tax advice and should not be relied user. There are no warranties, expressed orupon in this regard. Prior to acting on any infor- implied, as to accuracy, completeness, or resultsmation contained in this report you should take obtained from any information posted on this website or any linked website. 27
  28. 28. AcknowledgmentsAlternative Latin Investor would like to thank the following professionals fortheir cooperation in the creation of this report. Rigoberto Garcia Sanchez –Ministerio de Obras Públicas - Chile Conrado Falco Scheuch– ProInversion - Perú Jean Phillippe Pening Gaviria - Departamento Nacional de Planeación – Colombia Andrew Bogan – Bogan Associates LLC Milagros Maraví Sumar and Diego Harman - Rubio, Leguia & Normand Law Firm Alessia Abello – Posse, Herrera & Ruiz Law Firm Gabriel Goldschmidt – International Finance Corporation Norman Anderson - CG/LA Infrastructure Nicolás Grosman – Fundación Pensar 28

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