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Day 2: Legal and Financial Aspects
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Wednesday April 2, 2008 | Session 5: Legal Tools for Port Reform | This session will help participants to understand and take steps to develop specific port reform measures based on the port’s/government’s economic, financial, political, and social goals, within institutional and legal frameworks. This session will cover specific topics such as; General Approach for Drafting a Ports Law, Port Authority and Terminal Operations, Port Regulations Port, Competition Modalities, Full Concession Agreements, and BOTs and Construction.
Module 4: Legal Tools for Port Reform
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| | Session 6: Concession Design | Design of a terminal concession is not primarily a legal issue. It requires a profound knowledge of the port and transport business of the concerned lawyers. Usually concessions, especially those with a BOT character, have a term of 30 years or more. During that time many things can go wrong. There are a number of key issues which have to be addressed in order to protect the interests of a port authority. This session is aimed at highlighting, from a practical point of view, the main issues and problems of port concessions such as the construction provisions, investment requirements and funding issues, royalties, termination and termination compensation, Force Majeure, breaches and main deal breakers.
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| | Session 7: Case Study and Group Discussion II: (Renegotiation/ Refinancing) | The case study will concentrate on the (re) negotiation and (re) financing of a large container terminal in the Middle East involving a port authority and a global terminal operator. The session deals with the preparation of negotiations, development of a business plan & financial model, labour issues, future investments in extensions of the terminal, risks and liabilities of the port authority.
| | Session 8: Financial Implications of Port Reform |
Port finance and its relationship to reform as well as how the financial risks and rewards vary from one reform option to another. Some of the financial implications that need to be taken into account include risk allocation among port stakeholders, potential sources of funding for the reform process, and pricing port services to achieve revenue and public policy objectives. Participants will also be able to gain hands on experience through the use of the financial model at the end of session.
Module 5: Financial Implications of Port Reform
download presentation (950KB)
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