1. Economic Advisory – PPP Unit 1 Public-Private Partnerships and the FGP Isaac Averbuch Washington Oct, 2008

2. Economic Advisory – PPP Unit 2 In many countries Almost any kind of long-term relationship between public and private sectors Joint ventures, leases, franchises, concessions, PFI (UK), privatization... In Brazil The term PPP refers to a special kind of concession PPP - a concession with user charges and/or government payments Concession – user charges only PPP and concessions have similar economic structures PPP in Brazil: a narrow definition

3. Economic Advisory – PPP Unit 3 Establishes general norms for PPP tenders and contracts within the Federal Government, States and Municipalities  PPP is a concession contract:  Sponsored Concession :User charges + direct payment from the public sector Ex.: road, railways, ports, sanitation  Administrative Concession: Direct payment from the public sector only (no possibility for user charges) Ex: prisons PPP Law (December 2004)

4. Economic Advisory – PPP Unit 4 Complements previous federal legislation:  Procurement Law (1993) by allowing for longer contract periods (5 to 35 years) Improves the procurement process for PPP (phase inversion)  Concession Laws (1995) by allowing government payments in addition to user charges and fees PPP Law, Concession Laws and Procurement Law form the basic legal framework for public investments in Brazil PPP Law (December 2004)

5. Economic Advisory – PPP Unit 5 Contractors design (green-field), build, finance, operate, maintain and transfer (new bidding is required at the end of the contract period if no renewal is possible) Long term contracts (5 to 35 years) Only large contracts (over BRL 20 million, USD 9 million) Possibility of complementing user charges with government payments Government payments are due as service is delivered and based on performance indicators (output-based contracts) Government payments guaranteed by the PPP Guarantee Fund - FGP (to mitigate Government default risk) Clear risk sharing among parties PPP Law: main provisions

6. Economic Advisory – PPP Unit 6 Challenges of the Brazilian PPP Program Brazil ’ s experience with concessions points to substantial gains with: participation of foreign bidders (ex: roads concessions and electricity transmission lines) and mid-size contractors watchful anti-trust authorities (ex: Madeira River hydroelectric power plant) Strong political support and adequate institutional framework is paramount!

7. Economic Advisory – PPP Unit 7 Challenges of the Brazilian PPP Program Strong political support and adequate institutional framework is paramount! PPP changes deeply the ways of designing and procuring a project: resistance of private sector players (the old way is best!) resistance within the government (the old way is best!) the “ P ” of “ Private ” is not a charming word (disguised privatization) Technical capacity building of government staff

8. Economic Advisory – PPP Unit 8 Contracting Authority (Sectorial Ministry) Special Purpose Vehicle Company User Charges Government Payments End User GOVERNMENT Projects Selection Equity Debt FGP – Federal PPP Guarantee Fund FGP Guarantees Government Payments

9. Economic Advisory – PPP Unit 9  Main objectives Protect private partners against the contracting authority default risk Mitigate the “ political risk ” to the private partner Reduce projects costs for the contracting authority Guarantee only government payments Does not guarantee other contingent liabilities that may arise during the contract Does not guarantee State and Municipalities payments FGP - Federal PPP Guarantee Fund

10. Economic Advisory – PPP Unit 10 Structure and Management During the discussion of the PPP bill in Congress there was much political resistance against other options such as: a “ market solution ”, a private bank as a trustee or a multilateral bank facility FGP was established as a Trust Fund of public assets Trustee: Banco do Brasil (Federal government owned bank) For each PPP contract the FGP issues a guarantee letter In case of default, the FGP covers payment 45 days after it is due, or after 90 days if the public authority does not recognize the debt without a formal justification FGP is a private legal entity and its assets are separated from those of the Federal Government FGP - Federal PPP Guarantee Fund

11. Economic Advisory – PPP Unit 11 Financial aspects Maximum of BRL 6 billion (USD 3,4 billion) in assets Assets eligible to be used: cash, public bonds, real estate and stocks The Federal government has transferred USD 2 billion worth of stocks and USD 50 million worth of public bonds legislation allows for the use of state owned enterprises shares down to the limit of 51% of outstanding shares and private corporations minority shares No leverage is allowed NPV of FGP guarantees must equal the NPV of its assets The guarantee is provided free of charge to the private partner All FGP costs are paid by the Federal government FGP - Federal PPP Guarantee Fund

12. Economic Advisory – PPP Unit 12 Fiscal aspects The funding of FGP with government held stocks implies no fiscal impact according to our accounting standards (IMF 1986 manual) stocks are treated as non-financial assets no impact on Public Sector ’ s below the line deficit Government payment only and no leverage rules limits FGP ’ s risk exposure FGP - Federal PPP Guarantee Fund

13. Economic Advisory – PPP Unit 13 Fiscal aspects Government payments have a special treatment in the budgetary process as to limit the incentive of line Ministries to default on payment The legal ceiling of BRL 6 billion limits the use of FGP (not an issue in short-term) As sovereign risk perception is reduced and a history of payment compliance is consolidated, FGP may not be as important FGP - Federal PPP Guarantee Fund

14. Economic Advisory – PPP Unit 14 Thank you! isaac.averbuch@planejamento.gov.br +55-61-3429-4683