I G 3aG 2
Foreign Investment Advisory Service
Occasional Paper 9
Foreign Direct Investment
in Infrastructure
The Challenge of Southern and Eastern Africa
David J. Donaldson
Frank Sader
Dileep M. Wagle
Foreign Investment Advisory Service
a joint facility of
the International Finance Corporation
and the World Bank






Foreign Investment Advisory Service
Occasional Paper 9
Foreign Investment Advisory Service
a joint facility of
the International Finance Corporation
and the World Bank
Foreign Direct Investment
in Infrastructure
The Challenge of Southern and Eastern Africa
David J. Donaldson
Frank Sader
Dileep M. Wagle
The World Bank
Washington, D.C.



� 1997 The International Finance Corporation,
and the World Bank,
1818 H Street, N.W., Washington, D.C. 20433
All rights reserved
Manufactured in the United States of America
First printing February 1997
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equity to private enterprises in developing countries.
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Library of Congress Cataloging-in-Publication Data
Donaldson, David J., 1938-
Foreign direct investment in infrastructu. re: the challenge of
southern and eastern Africa / David Donaldson, Frank Sader, Dileep
M. Wagle.
p.  cm. -  (Occasional paper ; 9)
ISBN 0-8213-3885-4
1. Infrastructure (Economics)-Africa, Southern. 2. Economic
development projects-Africa, Southern-Finance. 3. Investments,
Foreign-Africa, Southern. 4. Infrastructure (Economics)-Africa,
Eastern. 5. Economic development projects-Africa, Eastern-
Finance. 6. Investments, Foreign-Africa, Eastern. I. Sader,
Frank. II. Wagle, Dileep M. III. Foreign Investment Advisory
Service. IV. Title. V. Series: Occasional paper (Foreign
Investmnent Advisory Service) ; 9.
HC940.Z9C33   1997
332.67'3'096-dc2l                                      97-2012
CIP



Contents
Abstract iv
Preface v
Executive Summary vi
1. Introduction 1
2. The State of Infrastructure in the Region 2
Telecommunications 2
Electricity 2
Transportation 3
Water 4
3. Improving Infrastructure through Foreign Direct Investment 7
4. Scope for Private Infrastructure Investment in Southern and Eastern Africa 9
5. Bringing in the Private Sector 12
Goals and Expectations 12
Constraints and Impediments 13
6. Conclusion 18
Notes 19
Annex I: Infrastructure Indicators for Southern and Eastern Africa 20
Annex II: Policy Obstacles to Foreign Direct Investment in Infrastructure in Developing Countries
(by Gary Bond, Corporate Planning Dept., IFC) 23
iii



Abstract
The countries in Southern and Eastern Africa    of the countries' governments to allow private
have participated in the worldwide revolution of    investment in these areas. There are often inade-
private infrastructure investments only to a very    quate legal frameworks, insufficient sectoral
limited extent so far. While the needs are high to    reforms (such as the removal of government
upgrade and expand the service provision in    monopolies or the raising of tariffs to market
areas such as electricity, telecommunications,    price levels), and weak, or unclear implementing
transport, water supply, and sanitation, very few  rules and regulations. If the countries in the
private investments have actually been imple-    region want to see a more active participation by
mented. For one, foreign investors still consider    the private sector in infrastructure, the govern-
most countries in the region as a high-risk envi-    ments will have to introduce crucial reform mea-
ronment, making it difficult to attract commercial    sures to bolster investor confidence and to build
financing. Equally important, investors fre-    a policy environment designed to facilitate the
quently question the overall political commitment    implementation of such projects.
iv



Preface
On March 28 and 29, 1996, the Foreign Invest-   impediments to private investment in Southern
ment Advisory Service (FIAS), in cooperation    and Eastern African infrastructure services. In
with the United Nations Development Pro-    addition, the consulting firm BIPE Conseil, with
gramme (UNDP), hosted a high-level roundtable    financial support  m the French goverrnment,
on the business environment for foreign direct    conducted a survey of current and potential
investment in infrastructure in Southern and    investors, whose views on the investment cli-
Eastern Africa. At this meeting a select number    mate in the region are incorporated in this paper
of high-level government officials from seven-    as well.
teen African countries met with senior execu-    Numerous individuals in the World Bank
tives from large infrastructure companies and  Group provided valuable comments during the
investment banks, and representatives from mul-    writing of this paper. Special thanks go to Joel
tilateral agencies. The purpose of the roundtable    Bergsman, Boris Velic, and Jenny Wishart. The
was to discuss the potential for private foreign    paper also benefited from  excellent research
direct investment in the region's infrastructure,    assistance by Pernille Holtedahl. The Private
and to assess the policy, legal, and procedural    Sector Development Department contributed
measures that may be needed to facilitate private    recent literature on the topic as well as a data-
involvement.                                   base on current and potential infrastructure
This paper synthesizes the thoughts and ideas    projects in the region. The Corporate Planning
expressed during the discussions. It is also based    Department of IFC provided support throughout
on the background material prepared for the    the entire research and writing process. The
meeting by FIAS in cooperation with the Corpo-    French Ministry of Foreign Affairs and the
rate Planning Department of the International    French Ministry of Public Works, Housing,
Finance Corporation (IFC). These materials    Transport and Tourism provided financial sup-
describe the state of infrastructure in the region,    port for the investor survey carried out by BIPE
take stock of actual and potential projects in    Conseil. The UNDP provided generous financial
the various sectors, and analyze the main    support to the roundtable meeting.
v



Executive Summary
In recent years, many developing countries have    cost of business and deterring foreign investors
made dramatic progress in promoting private    from setting up operations.
participation in their infrastructure sectors, and  A key reason for this disappointing perfor-
large volumes of funds have been mobilized on a    mance has been the historical predominance of
non-recourse basis for investment in power,    state participation in the delivery of infrastruc-
telecommunications, transportation, and water    ture services in the region. The state has typically
projects. This progress has, however, been rela-    imposed a multiplicity of "social goals", includ-
tively uneven, and some regions have been    ing the creation of employment and the subsidi-
much more successful than others. Compared to    zation of prices to consumers, at the expense of
East Asia or Latin America, sub-Saharan Africa    commercial objectives. Not surprisingly, public
has not been a major beneficiary of this revolu-    utilities have tended to run into severe financial
tion, and it is clear that investors tend to perceive    difficulties, preventing them from undertaking
the region as a relatively unattractive investment    the necessary maintenance or expansion of their
location.                                      facilities. At the same time, these "social goals"
The current state of infrastructure provision in    introduced distortions into the entire economy,
Southern and Eastern Africa is demonstrably    often resulting in even higher unemployment and
poor. Less than 2 percent of people in the region    a disproportionate benefit to the wealthier mem-
have a phone connection (compared to 50 per-    bers of society from the subsidization policy.
cent in North America or Western Europe); elec-  Severe though as they may be, these problems
tricity production per capita is less than a third    are neither unique nor insurmountable. Many
of that in middle-income developing countries,    other developing countries faced with similar
and transmission and distribution systems in the    problems of inadequate infrastructure have
region tend to be old and inefficient, with result-    seized the opportunity to make greater use of the
ing high losses of generated power. Road net-    private  sector in  financing  and  operating
works are in particularly bad shape, for the most    projects, with very positive results. The failure of
part unpaved and poorly maintained. Water sup-    most countries in Southern and Eastern Africa to
ply and treatment facilities are unsatisfactory in    do the same has been the consequence of some
the quantity as well as the quality of the service    basic constraints. For instance, foreign investor
provided. Air and sea ports are managed        perceptions of country risk remain high, with the
inefficiently, as the congestion of freight and    result that the region faces a severe disadvantage
passenger traffic and the significant delays    in obtaining commercial financing. Government
demonstrate. All of these factors constitute    commitment to private entry is still perceived as
important impediments to the economic growth    weak, and indeed very few privatization pro-
potential of the region, raising the transaction    grams in the region have effectively taken off.
vi



Project development costs are high, and spon-    ratings in most of the region's countries have
sors of potential projects encounter a difficult   registered a small but clear improvement over
and even hostile environment during project    the past three or four years, in response to a
preparation and implementation. In addition,    gradual improvements in the policy environ-
domestic financial institutions are weak, and    ments. But even more far-reaching steps need to
uncertainties regarding the convertibility of    be implemented in order to improve the region's
project revenues into foreign exchange persist, as    business environment and to reduce private
do concerns regarding the enforceability of    investor perceptions of risk. Although the chal-
contracts and the transparency of regulatory    lenge is great, there is also great opportunity in
frameworks.                                     the encouragement of private investment in
All of these constraints can be removed, but    infrastructure; the economy as a whole stands to
they require a clear understanding by govern-    benefit, and economic development can be in-
ments of private investor needs in the infra-    creased through an improved access to capital
structure sector. Increasing investor confidence    and expertise, the promotion of competition, the
requires decisive policy reform. There is room   reduction of operating costs, and the creation of
for cautious optimism  here, as country risk     greater investor confidence.
vii



I



1
Introduction
During the past five years or so, developing    passed the African continent by, leaving behind
countries the world over have begun to liberalize    the perception that it is a relatively unattractive
markets for infrastructure services, with often    investment location. Though this negative percep-
dramatic results. In Chile, Argentina, Hungary;    tion may not be justified in all cases, there is no
and the Philippines, among others, private sector    denying that progress in attracting private partici-
participation in the power, telecommunications,    pation in infrastructure has been very limited in
transport, and water sectors has led to significant    sub-Saharan Africa. This paper looks at some of
improvements in the quality and quantity of    the factors influencing these perceptions, some of
services provided. Such improvements have    the real impediments faced by private entrepre-
encouraged further policy liberalization and the    neurs seeking entry into these sectors, and the
likelihood of wider participation in many other    steps that governments might take to establish a
developing countries. Private financing of infra-    more attractive environment for private capital.
structure projects has in this way undergone a   The first part of the paper looks at the current
virtual revolution, as large volumes of funds are    state of infrastructure in the region, as well as the
mobilized on a non-recourse basis for invest-    extent of private involvement. The latter sections
ment in projects in developing countries, and as    provide an overview of the principal impedi-
the dominance of the state-owned sector is visi-    ments to greater involvement of private capital
bly reduced in a number of cases.              and expertise. An annex, drawing on the world-
At the same time, the progress has been relative-    wide experience of IFC and FIAS with respect to
ly uneven. Although countries in Latin America    private infrastructure investments, reveals that
and Asia have in many cases seen relatively rapid    most of the difficulties encountered in Southern
progress, the impact of these developments has    and Eastern Africa are not at all unique, but tend
not extended to all regions equally. In fact, this   to be problems with which developing countries
infrastructure revolution appears to have virtually    all around the world are struggling.
I



2
The State of Infrastructure in the Region
The level of infrastructure provision in Southern    completion rate of only about 60 percent. Fur-
and Eastern Africa is one of the lowest in the    thermore, the existing telephone companies tend
world. Most of the countries in the region face   to be highly inefficient, suffering from substan-
difficulties in the provision of basic services at an    tial excess manpower. An average employee in
acceptable level of quantity and quality, whether   the region's companies was responsible for only
in telecommunications, roads and transporta-    24 mainlines, while a colleague in middle-
tion, electricity, or water and sanitation.  income countries handled about 88 mainlines.
Telecommunications                           Electricity
Telecommunications services in the region are    The provision of electric power in Southern and
generally poor, in terms of both availability and    Eastern Africa is similarly unsatisfactory. In 1992,
quality. Excluding Botswana, South Africa,    electricity production was on average less than
Namibia, and Swaziland, the average penetra-    600 kW/h per person, with production in
tion rate is o'ily 0.5 percent, compared to an    Mozambique a mere 24 kW/h (see Annex 1,
average 11 percent in middle-income countries.    Table B). In comparison, middle-income coun-
Even in South Africa, just 9 percent of the popu-    tries generated more than 2,000 kW/h per capita.
lation has telephone connections. Overall, less   In addition, the region's generation, transmis-
than two people out of every one hundred in the    sion, and distribution systems tend to be old and
region have a phone connection, compared to   inefficient, resulting in often substantial losses of
about fifty out of a hundred in Western Europe    generated energy, as much as 40 percent in the
or North America (see Figure 1 and Annex 1,   case of Uganda. These system losses have further
Table A). In addition, these small networks are   limited the amount of energy available for pro-
characterized by outdated technology, which is    duction and consumption. Furthermore, in many
highly unreliable. In 1993, mainline failure    countries consumers have experienced frequent
occurred on average 1.4 times a year, reaching in    power outages as well as voltage fluctuations,
extreme cases a rate of 3.8 in Uganda and 2.5 in    which damage electronic equipment and motors.
Zimbabwe. In Swaziland, a country with a    This unreliability has forced many enterprises in
respectable penetration rate, the failure rate   the region to buy and install their own genera-
reached 2.4. These technical difficulties are also    tors, raising their overhead costs. Most of the
reflected in low call completion rates. In Mada-    electric power utilities in the region are state-
gascar, for example, only 35 percent of all   owned and typically too poor to upgrade their
attempted local calls went through in 1992. Even    facilities since electricity tariffs tend to be set at
South Africa's relatively large network had a call   highly subsidized rates. With prices insufficient
2



Figure 1: Telephone Networks by Continent
(Lines per 100 inhabitants:1994 data)
60
50.
30
20     .   .       _. 
10                               -       ----. ...
0
Southem        Asia-          Latin      Central and     Western         Nordh
and          Pacific      America &      Eastern        Europe       America
Eastern                     Caribbean     Europe
Africa
Sources: International Telecommunications Union and the World Bank.
to cover costs, electric utilities have been running  during 1991. Similarly, in 1989 the World Bank
continuous losses, which have had to be covered   estimated that just 10 percent of Uganda's roads
from the general state budget. Realizing the des-    were in good condition.
perate condition of its power sector, the Ethio-    Most freight transport in the region is under-
pian government recently decided to increase    taken by truck because rail typically is not a via-
average tariffs by 60 percent over the next five  ble alternative. Railroad companies tend to con-
years. Even so, tariff rates will still be no more    centrate on  passenger traffic and  are not
than 72 percent of long-run marginal costs.       equipped to handle large volumes of freight. At
the same time, most state-owned railroads are
Transportation                                    required to subsidize passenger traffic through
relatively cheap fares, resulting in steady finan-
The region's most severe infrastructural con-    cial losses for the companies and limiting their
straint is the road network, which carries the    ability to maintain the existing network, let alone
major share of passenger as well as freight traffic.    upgrade or expand it. In Kenya and Tanzania, for
The problem is not quantity as much as quality.    example, only about half of all diesel locomo-
Relative to GNP, sub-Saharan Africa has ten    tives were in use during 1993. Tracks, rolling
times more roads than France, for example, but    stock, and traffic control systems are usually in
only a small percentage of these are paved. Even  unsatisfactory condition. At the same time, how-
in countries with a relatively extensive network,    ever, many governments find themselves forced
such as Botswana and Zimbabwe, only about 15    to keep these enterprises in operation. For exam-
percent of all main roads have a paved surface.    ple, the southern branch of Madagascar's rail
On average, the density of paved roads in the     network, practically bankrupt, remains the main
region is slightly below 800 km per million per-    link between the capital and the country's main
sons, compared to almost 2,900 km per million in  port, because the parallel road was not designed
middle-income countries (see Annex 1, Table C).    to handle heavy freight traffic.
Even where paved roads exist, they are often in     All countries in the region have at least one
poor condition for lack of regular maintenance.    international airport as well as several smaller
In Zambia, for example, only about 12 percent of    regional airports. However, few  of them  are
the network received the required maintenance     capable of handling large amounts of traffic.
3



Many runways urgently need rehabilitation and    to implement. In some cases such as Angola, the
expansion, and air traffic control systems are    water supply and sanitation system is so old that
often outdated. Luggage and freight handling    plans for the existing pipeline network are not
facilities, as well as the terminals themselves,    available. This situation forces many companies
tend to be too small. Businesses frequently com-    and the more affluent members of society to pro-
plain about delays and an unreliable air freight    vide their own water and sanitation facilities.
service, which poses a major impediment to the   Infrastructure weaknesses pose fundamental
delivery of intermediate and final goods.      social problems and also constitute a major
Sea transport is the major transportation mode    impediment to economic growth, since a great
for exports and imports. However, port produc-    deal of economic activity is highly dependent on
tivity is, on average, only about a third of inter-   the reliable provision of these services. If manu-
national norms. Poor management, excessive    facturing units do not have access to adequate
bureaucracy, and inadequate availability and    telecommunications services and  modes of
reliability of equipment pose significant obsta-    transportation, their ability to stay in touch with
cles to international trade. Delays in clearing    clients and suppliers will be severely limited. If
goods are frequently a problem; for example,   they cannot rely on an adequate and reliable
traders expect a shipment from Europe to Kenya    supply of power and water, their output will suf-
to take about six to eight weeks until they have    fer from frequent breakdowns of the production
the goods in their possession, with three to four    process and higher production costs. Thus, many
weeks for the sea transport itself and the same    promising ventures will be uncompetitive or
amount of time needed for goods clearance.     even impossible.
Transportation difficulties are compounded     Many foreign investors are hesitant to operate
for land-locked countries by problems in inter-   in the countries of the region precisely because of
modal  transport.  Countries  like  Malawi,   these difficulties. A recent surveyl of foreign in-
Uganda, Zimbabwe, and Zambia depend on    vestors in five East African countries-Ethiopia,
good connections with African ports in neigh-    Eritrea, Kenya, Tanzania, and Uganda-showed
boring countries to ensure reliable delivery. In    that the current state of the infrastructure was
many cases, railroad systems differ among coun-    one of their main concerns. Of the almost one
tries, schedules are not coordinated, and even in    hundred  companies interviewed, two-thirds
transport by road, goods tend to be delayed by    ranked infrastructure as a serious constraint in
customs controls. A Ugandan businessman, for    future operations in the region. Although uncer-
example, has to wait about three and a half   tainty regarding the political and policy environ-
months from the time of shipment departure    ment aroused the most concern, difficulties with
from  Europe until arrival in Kampala, three    infrastructure services ranked a close second (see
times what would be needed under comparable    Figure 2). Unreliable power supply and tele-
conditions elsewhere in the world.             communications services, as well as the poor
quality of roads, were considered particularly
Water                                          damaging.
What are the reasons for such a disappointing
Water supply and treatment are also deficient in    performance? As in most other developing coun-
the region. In 1991, only about 44 percent of the    tries, the governments in the region have tradi-
region's population had access to safe water,   tionally assumed responsibility for almost all of
with this share being as low as 15 percent in    these infrastructure  services through  state-
Uganda and 17 percent in Ethiopia (see Annex 1,    owned enterprises. These public entities were
Table D). Often, even urban households do not    created precisely in order to make socially pro-
have access to piped water. In Uganda, for exam-    ductive investments so as to eliminate impedi-
ple, only about 20 percent of urban households    ments to the overall economic development.
have in-house water connections. Water treat-    However, as part of the public sector, these enter-
nmtent is often worse: in 1990, just 13 percent of all    prises tend to suffer from multiple, and often
Namibians and 15 percent of all Malawians had    conflicting, objectives. Besides trying to provide
sanitation services. Most of the water pipe net-    a particular service at an acceptable quality, they
works are old and urgently require repair and    are also expected to pursue a variety of "social"
replacement to avoid the often substantial water    goals, including the creation of employment
losses, but even rehabilitation plans are difficult   and the subsidization of prices to consumers,
4



Figure 2: Infrastructure as an Impediment to Foreign Investment
(Based on survey in Ethiopia, Eritrea, Kenya, Tanzania, Uganda)
Political and Policy l
Uncertaintyj...X
Power Breakdowns/
Voltage Fluctuations
Average Basic
Infrastructure
Quality of Roads
Telecom Problerms 
Quality of Port
Handling Facilities
Average Transport
Infrastructure
Lack of Road
Transportation
Quality of Rail
TranspDort 
Water Supply Problems
Waste Treatrnent
Problems
0         0.5         1          1.5         2         2.5          3         3.5
Nvote: Scale ranges from 0 to 5, with 5 indicating a 'very senous obstacle' to future operations
Source: EconomistiAssociati, "Eastern Africa - Suvey of Foren Inestors', Vol3, Tables 82, & 7 and 9 1.
ostensibly with the view to providing broad and          At the same time, these subsidization policies
affordable access to the poorer parts of society.      have invariably translated into smaller revenues.
These objectives have in reality imposed a          Prices of electricity in Southern and Eastern
variety of costs on the enterprises. In many of the    Africa have typically been only around 3 to 4
region's countries, the use of public enterprises      cents per kW/h, compared to 8 or 9 cents, or
as a major employment mechanism has resulted           higher, in the industrialized countries. Prices as
in significantly bloated workforces. Similarly, the    low as this have been insufficient to generate rev-
subsidization of services in reality often allows      enues adequate to cover long-run marginal costs,
the more affluent citizens to benefit dispropor-       taking into account asset depreciation. These
tionately from artificially low prices by provid-      problems are often further exacerbated by diffi-
ing them with better access to these services. In      culties in bill collection. In Uganda, the govern-
Lusaka, Zambia, for instance, only 28 percent of       ment raised electricity prices closer to long-run
the households in the poorest fifth of the popula-     marginal costs, but only 67 percent of the energy
tion have access to electricity, compared to 70        generated is billed, and barely more than half of
percent in the richest segment. Similarly, it has      all bills are usually collected each year.
been estimated that the poorest fifth of the popu-       Public utilities have thus often found them-
lation in Tanzania receives only about 10 percent      selves in the difficult financial position of not
of the government subsidy for water, whereas           being able to cover their operating expenses. It
the richest fifth receives about 40 percent.           has not been possible in many cases to maintain
5



existing facilities adequately, and new invest-    countries have been left with inadequate infra-
ments have consistently had to be postponed. At    structural facilities, while the responsible enter-
the same time, most governments have suffered    prises, not motivated by commercial objectives,
from chronic budget deficits, which have kept    have had little incentive to improve their perfor-
them from filling the financial gap. In the end,    mance significantly.
6



Improving Infrastructure through
Foreign Direct Investment
Although the infrastructure problems of South-    debt reductions of $14 billion, while concession
ern and Eastern Africa may be severe, they are    agreements in the transport sector generated
not urique; most developing countlies are stLug-    another $13 billion in foreign investment.
gling with the consequences of inadequate infra-  While the Philippines and Argentina are
structure services. In recent years, however,   among the most aggressive countries in trying to
many have realized that competition and the    attract foreign investment into their infrastruc-
involvement of the private sector offers the    ture sectors, their efforts reflect a global trend.
advantages of much better service at lower    The World Bank's Private Infrastructure Project
prices, and help to free up scarce governmental    Database shows a total of 1,170 privately
budgetary resources for other social investments.   financed infrastructure projects worldwide dur-
Several countries have in this way seized the    ing the period from 1985 to 1995. Although data
opportunity to make greater use of the private    on costs are patchy for many countries and
sector to finance and operate projects that can be    projects,2 it is clear that private sector involve-
run on the basis of commercial principles and    ment in infrastructure has been adopted most
have been successful in improving their provi-   extensively in the East Asia/Pacific region, West-
sion of infrastructure services.             ern Europe, Latin America, and the United States
Faced with a major power crisis in the early   (see Table 1). These four regions account for 95
1990s, the Philippines for instance initiated a    percent of the $450 billion of private infrastruc-
massive program to attract private investment in   ture financed over the past decade.
new projects to increase capacity and in the reha-  As Table 1 shows, however, private involve-
bilitation of existing utilities. The country man-    ment in Africa's infrastructure has been quite
aged to resolve the crisis by adding about 4,200   limited. Of the sixty-four projects recorded for
MW  of new capacity in 25 power projects.   sub-Saharan Africa as a whole, only seventeen
Another 20 projects involving 5,800 MW of new    are located in Southern and Eastern Africa, and
capacity are currently under preparation. Simi-   these projects are concentrated in only six coun-
larly, Argentina's government set into motion a    tries. Moreover, most of them have been in the
massive privatization program in 1990 in an    form of management contracts and have not
attempt to drastically improve the economy's   resulted in large amounts of new investment.
efficiency and generate urgently needed financ-  The most extensive project is the operation of
ing. Infrastructure enterprises played a key role   ten toll roads in South Africa, only one of which
in the program, attracting substantial interest   is actually privately owned. In Queenstown,
from foreign investors. By end-1995, privatiza-    South Africa, the French company Lyonnaise des
tion in Argentina's power and telecom sectors    Eaux has an operation and management contract
alone resulted in cash payments and external   to operate that city's water system. Aeroports de
7



Box 1. Private Providers Solving Public Problems
Africa needs more infrastructure and better stan-    local services, and by privatizing the main opera-
dards of service at acceptable price levels. Many    tor. The sale of the state-owned operation raised
countries around the world have involved the pri-    nearly $2 billion for state coffers and resulted in
vate sector in infrastructure provision and realized  commitments to expand the number of lines by 15
remarkable efficiency gains.                     percent a year. In 1995 the private operator actually
increased the number of lines by 24 percent.
Water: In 1993, private firms competed for a thirty-
year concession to run the Buenos Aires water and  Power: By the end of the 1980s, the Philippines was
sewerage network. The bidders competed against    experiencing severe power shortages and invited a
each other to offer the lowest tariff, and the win-    private firm to build a small power station and
ner's rate was 27 percent lower than pre-existing  operate it for ten years before transferring it to state
municipal rates. The winning firm also committed  ownership (BOT). The success of the project con-
to $4 billion of new investments and eliminated the    trasted with steadily worsening power availability
need for government subsidy. In addition, they   countrywide from state-owned electric utilities,
achieved the first summer in years without water    and spawned twenty-five other BOT arrangements to
shortages and the elimination on raw sewage dis-    provide around 4,200 MW of new electricity gener-
posal in the bay. Furthermore, the workforce was    ation. While the first few arrangements provided
cut in half through voluntary retirements.       power at around 8.5 US cents per kW/h, the bench-
mark price has since dropped to around 5 cents per
Telecommunications: Hungary has reformed its    kW/h. Power outages have virtually disappeared,
entire telecommunications industry by permitting  saving the country an estimated $1 billion a year in
private cellular companies to enter the market, by  economic losses.
creating private regional concessions to provide
Paris has a lease agreement with the government    Three countries in  the region-Madagascar,
of Madagascar for the operation of the country's    South Africa, and  Tanzania-have  awarded
twelve major airports. Mozambique has priva-    licenses for cellular telephone services to foreign
tized several port terminals under concession      operators. Several countries in the region are cur-
agreements of ten to fifteen years. In many cases,    rently preparing BOT agreements for private
however, operation of these terminals has been     power generators. The most advanced of these is
contracted out to the previous main user of the    Tanzania's Songo-Songo project, a 142.5 MW
facilities, resulting in vertical integration rather  power plant near Dar-es-Salaam that will be sup-
than the introduction of private competition.    plied from a gas field off Songo-Songo Island.
Table 1. Private Infrastructure Projects Worldwide, 1985-95
Number of projects                     Cost
Region                               total          with project costs        US$ billion
East Asia/Pacific                    223                  165                   185.6
OECD Europe                          252                  145                   156.6
Latin America                        233                  168                    58.5
USA/Canada                           290                  219                    31.1
South Asia                            27                   13                     6.3
Middle East/N. Africa                 13                    7                     4.7
C&E Europe                            38                   18                     3.5
Former Soviet Union                   30                   14                     2.5
Other sub-Saharan Africa              47                    6                     1.1
Southem and Eastem Africa             17                    1                     0.1
Total                              1,170                  756                   450.0
Source: World Bank Infrastructure Project Database and FIAS, World Bank Group.
8



4
Scope for Private Infrastructure Investment
in Southern and Eastern Africa
Why have private investors not yet seized the    the evidence suggests that there may well be
opportunity to develop Africa's infrastructure    substantial excess demand in some sub-sectors
markets, as they have done in Latin America and    and also some services that could be supplied
elsewhere? According to World Bank estimates,   commercially.
African economies are expected to grow at about  Indications in the telecommunications sector,
4 percent annually over the next two years, and    for example, are fairly positive. Telephone usage
Southern and Eastern Africa are expected to per-   in most countries tends to rise as per capita
form slightly better than that. The rates compare   income increases. However, in Africa, differences
favorably with a realized growth rate of only 1    among countries at the same income level are
percent in 1994 and an average of 2.2 percent per   revealing. Malawi, with about the same per cap-
year during the period from 1974 to 1990. While   ita income as Uganda, boasts a penetration rate
the countries of Southern and Eastern Africa cer-   almost triple that of Uganda. Kenya, only
tainly are at a lower stage of economic develop-    slightly better off than Malawi, has a penetration
ment compared to most other regions in the    rate two and a half times higher. Botswana has
world, their potential for future investments    one of the highest line penetrations in the region,
appears to be steadily improving.            but, by contrast, Chileans have access to twice as
Despite this promising outlook, most private    many lines, even though per capita incomes are
investors do not consider Southern and Eastern   the same. Following the privatization of Chile's
Africa an attractive location for infrastructural   telecommunications company in 1987, the num-
investment at this time. One argument fre-    ber of telephone lines doubled in four years.
quently advanced is that the region's low aver-  The existence of a robust potential market for
age income means that effective demand for   telephones is supported by the fact that African
infrastructure services from African consumers   consumers are currently paying a substantial
is lower than demand estimated on the basis of    amount to use a telephone. Average rates are
notional consumer "needs". The fragmentation    comparatively high, especially for international
and small size of markets would almost certainly    calls. There are nevertheless long waiting lists,
impose economies-of-scale constraints sufficient   reportedly up to five years in some countries.
to affect the viability of some types of ventures.    And cellular systems, which are much more
Another argument is that the average level of    expensive than line-borne calls, have witnessed a
infrastructure provision in the region is similar    burgeoning demand in several African countries,
to that of other countries at similar income lev-    often far in excess of expectations. A private
els, and that infrastructure should only expand    cellular operator in one East African country
as income expands. While this may be true in   found that $900 handsets were in high demand,
general, such arguments are not equally applica-    with locals rather than expatriates composing
ble to all ventures in Africa. A casual analysis of   the largest customer group. Similarly, cellular
9



operators have found Ghana a highly attractive    including social expenditures and the mainte-
market, and an increasing number of operators    nance of the existing infrastructure, such an
are competing for market share, resulting in    expansion would clearly be beyond the capacity
lower costs and higher penetration. At lower,   of the public purse.
more competitive prices, a rapid doubling of    As a result, an increasing number of countries
telephone penetration in the region does not    are now seriously considering the involvement
seem to be outside the realm of possibility.  of the private sector as a way to ameliorate the
Some anecdotal evidence suggests that there is    pressures of an inadequate infrastructure. Pri-
also a strong market potential in the water sector.   vate involvement can come either through the
Even the poorest consumers appear to be quite    entry of new competitors into a market monopo-
willing to pay comparatively high prices to have    lized by state-owned enterprises or via the priva-
access to clean water. In Angola, for example,   tization of these enterprises. At the present time,
inner-city residents of Luanda pay the ridicu-    some 40 privately funded projects-involving
lously low price of $0.0015 per cubic meter, while    both privatization and new entry-are under
people on the outskirts of the city have to rely on    discussion in different countries in the region.4
water supplied by private trucks at prices up to  A key question for governments is how to
almost $17 per cubic meter. Similarly, in Maputo,    maintain a socially acceptable provision of ser-
Mozambique, poorer consumers, with no access    vices while switching from public to private
to piped water connections, pay up to $10 per    operators. It is now recognized that appropriate
cubic meter for privately marketed water, a fig-    regulation can generate and maintain competi-
ure 600 times that charged for piped water.   tion, given that continued competition among
Private customers also appear quite willing to    suppliers is the surest way of guaranteeing the
pay for a reliable supply of electric power. Pri-   best deal for the customer. Cellular suppliers
vate companies and individual households in    compete against line-based carriers. Indepen-
most countries in the region install individual    dent power producers can compete to sell power
power generation units simply to bridge periods    to the national grid. Railroads compete against
of blackout or to avoid damage from power fluc-   truckers. In the telecom sector, licenses for cellu-
tuations. Compared to the power supplied by    lar services are under preparation in a number of
large state-owned utilities, independent power    countries, including Kenya, Madagascar, Uganda,
generation is far less efficient and substantially    and Zimbabwe. Angola, Mozambique, Tanzania,
more expensive in terms of capital as well oper-    Zambia, and Zimbabwe are preparing BOT
ating costs; it is about 100 times more costly in    agreements for power plants.
the case of Kenya, for example. The average gen-  Competition, however, may not always be a
erator installed by small- and medium-sized    viable option. In some cases, markets are simply
enterprises in Uganda costs about $25,000 new    too small to allow for more than one operator,
and needs another $10,000 annually for fuel and    despite recent technological innovations that
maintenance.                                  limit the need for economies of scale. With the
There is no doubt that demand for expanded    exception of South Africa, the economies of the
and improved infrastructure projects does exist   region are small by world standards, and African
in the region. What would it cost to meet this    governments will therefore have to depend on
demand? Assuming that the stock of infrastruc-    good regulation to deal with monopoly suppliers
ture will have to double over the next decade in    of infrastructural services. This also emphasizes
order to sustain economic growth of about 5 per-   the need for privatization of existing assets
cent while satisfying the needs of a population    rather than the construction of new facilities.
growing by about 3 percent annually, investment    Privatization is, however, politically more diffi-
expenditures for infrastructure in telecommuni-   cult than competition because it carries with it
cations, power, and water alone will be in the    associations of "selling off the family silver". In
range of $25 billion.3 If these investments were to    addition, a number of interest groups exist, such
be handled in the state-owned sector, the    as the managers and employees of the state-
region's governments would thus have to mobi-    owned enterprises, who would not immediately
lize $2.5 billion annually, equivalent to about    benefit from-and would hence oppose-a sale.
5 percent of GDP or 40 percent of concessional    A further constraint is that the purchase of exist-
official development loans each year. Given that   ing assets, involving the inheritance of existing
governments  have  many  other priorities,   staff, technology, and management, is often
10



much less attractive to private sponsors than the    transport is a possibility, despite protracted polit-
complete flexibility allowed by a greenfield project.   ical debates in the country, and Mozambique is
About a third of all the future infrastructure    planning to give the private sector the responsi-
projects currently under discussion in Southern    bility for managing transport links between
and Eastern Africa are potential privatizations.    Maputo and South Africa.
During the first half of 1996, Kenya successfully  Many of these projects, whether privatizations
completed the sale of Kenya Airways, and the    or greenfield investments, have been in the
country may also privatize its state-owned tele-    "potential" category for quite some time, how-
com operator. Madagascar, Swaziland, Uganda,    ever. Why have they not yet become realities?
Zambia, and Zimbabwe are also in the process of    The following sections focus on this issue, argu-
evaluating the possible privatization of their   ing that the central problem lies in the diver-
telecom monopolies and Zambia's major power    gence of the goals and objectives among the par-
utilities are potential privatization candidates as    ties involved in such projects, as well as in
well. The sale of South Africa's large public    misperceptions about the capacities and respon-
monopolies in power, telecommunications, and    sibilities of each.
11



5
Bringing in the Private Sector
Goals and Expectations                        structure services or suffer from the low quality
of the services provided. However, not every-
Private participation in the ownership and oper-    body benefits immediately from privatization.
ation of infrastructure services is still relatively    Connected  consumers who  have typically
new in developing countries, and the last five    enjoyed artificially low, subsidized tariffs are
years have seen a great deal of learning-by-    often vocal in their resentment over price
doing. For example, the first private concession    increases. Managers and employees of state-
to manage, operate, and expand an urban water    owned enterprises who have typically enjoyed
and sewerage system (as distinct from contracts   job security, good remuneration, and a range of
limited purely to the management of such sys-   social and economic benefits, would tend to
tems) was not structured until 1993, for the Bue-   resist any change of the status quo, be it through
nos Aires water supply in Argentina. A body of    privatization of the enterprise or through
knowledge on how to promote and manage pri-   increased competition from new market entrants.
vate investments in infrastructure has developed    Governments are the brokers of these interests,
only recently.                                and civil servants the implementors of govern-
At the same time, the circumstances of indi-    ment policy. But even this group is not mono-
vidual countries entering this arena are quite dif-   lithic, and while some may seek to serve the
ferent. Strategies are not designed in a vacuum,    national interest by resisting private-and espe-
and the best practices for one country may not be    cially foreign-operators, others are simply try-
appropriate, or even feasible, in another. In   ing to protect their own institutional turf or even
Africa, as anywhere else, strategies designed to   to extract profits from the control they enjoy.
introduce private involvement into the infra-   On the other side are the private investors;
structure have to be tailored to specific circum-    they are united by their commercial principles
stances. At the same time, however, all these    and by a desire to balance risks and returns.
projects are characterized by certain commonali-    Beyond this, they are fairly diverse players. The
ties, built around the two primary groups of   two main groups involved are sponsors and
players involved.                             lenders, with their individual interests defined
On one side is the government, representing    by their risk-reward perceptions. Because they
the consumers of existing infrastructure services,    have different roles in such projects, their objec-
the managers and employees of the state-owned    tives and concerns are not always identical, and
enterprises that provide the services and the    call for differentiated policy responses from the
government agencies that own these enterprises    governments concerned.
and that set the rules for service provision. Large  Sponsors, who provide the major share of the
parts of the population have no access to infra-    equity financing, are typically large international
12



project development companies. They are usu-    supported by sponsor equity, supplemented by
ally willing to take some amount of risk as long    loans from bilateral and multilateral agencies.
as it is compensated by higher returns on invest-    However, for any larger project, debt financing
ment. The structuring of the project and its man-    will be essential. At present, it appears that most
agement is therefore critical to them in order to    investment bankers simply consider Africa as a
assure profitable long-term operations. Because    whole to be too risky to support any medium-
of the relatively long time span of such invest-   term project financing. If private participation in
ments, sponsors are especially concerned with    infrastructure is to succeed to any real degree in
establishing a viable framework over the lifetime    the region, this perception will need to be
of the project. This involves the creation of reli-    addressed and changed.
able partnerships with other companies respon-
sible for the financing and the construction and  Constraints and Impediments
maintenance of the assets. Sponsors also look for
a reasonably predictable business environment.    Most investors would probably consider sub-
Doubts about market rights, pricing, and the    Saharan Africa as the riskiest region in the world.
future adjustment of tariffs, as well as the ade-    In September 1995 the Institutional Investor
quacy of the legal arrangements, including the    Index gave the nations of Southern and Eastern
neutrality of a country's judicial system, can all    Africa an average score of 23.6, significantly
affect perceptions of risk and expected profitability.    below the global average of 38.5 for 135 countries
Commercial lenders, on the other hand, are    (with the score of 100 representing a perfectly
relatively risk-averse, particularly for longer-    risk-free environmerit). There was, however, a
term loans. Their caution is natural, since, unlike    wide divergence among the African countries,
sponsors, they do not exercise direct control over    and four countries in the region received no rat-
operations nor share in the profits. They do    ing at all. Angola was given 11.3, making it
share, though, in all of the downside risks, given  122nd in the world, while Botswana on the other
that their financial return is entirely dependent    hand had a score of 49.0, placing it 43rd (see
on loan repayments, which have to be generated   Figure 3).
through the project's cash flow. Lenders have typ-  At the same time, country risk in almost all of
ically provided between half and three-quarters    the region's countries has fallen more quickly
of the financing of most infrastructure projects,    recently than in the rest of the world. While the
especially since domestic capital markets in    index has improved globally by 2.6 percentage
developing countries have tended to be small.    points over the last three years, the area of South-
While the cautious and selective approach of    ern and Eastern Africa has improved by 5.6 per-
commercial lenders often makes it more difficult    centage points. Only for Angola has the score
to develop a project, they have a valuable role to    dropped, thanks to the protracted civil war.
play. A key priority for them is to ensure that the    Botswana's rating improved by an impressive
project, as set out at its inception, will generate    13.7 points, and perceived risk also has fallen sub-
an adequate and reliable cash flow. This means    stantially in Swaziland, Uganda, and Ethiopia.
not only that the project must be technically via-  The decline in the area's country risk index
ble, but also that the environment in which it will   indicates that in the eyes of private investors, the
operate is sufficiently stable. In particular, lend-    region has more than recaptured the ground
ers will want to make sure that the project is per-    yielded during the "lost decade" of the 1980s. In
ceived as fair by the government and consumers.    fact, some countries in the region are slowly
Popular resentment against such foreign-owned    gaining consideration as an attractive investment
and financed infrastructure projects can easily    location. If governments can take the actions nec-
lead to regulatory changes that could adversely    essary to address the key factors influencing
affect future cash flows and the company's abil-   investor perceptions of risk, particularly of polit-
ity to service the loans.                       ical and non-conmmercial risk, there is no reason
From the perspective of Southern and Eastern    why private capital cannot be attracted to these
Africa it is important to note that, with the    countries on a more sustained basis.
exception of certain projects in South Africa, no  Of course, government actions are themselves
project in the region has yet managed to include    determined by an assessment of risks, primarily
commercial lenders. Most projects have tended    political and social. The withdrawal of political
to be small by world standards and fully    support by disaffected groups, pressures from
13



Figure 3: Institutional Investor Index for Southem and Eastern Africa
Institutional Investor Rating, September 1995
Angola                  122
Mozambique                     120
Uganda                     119
Ethiopia                     118
Zambia                        115
Tanzania     _        _ E_  108
Malawi                             100
Kenya                    ~~l 77
Regional avenage
Swaziland                                            73
Zimbabwe                    _                           66
Global avenage:
South Africa                                                                  47
Botswana                                                                         43
0.0           10.0          20.0           30.0           40.0          50.0          60.0
Three-Year Change in the Institutional Investor Rating
Angola 
Global avenge
Ke'nya.
Malad v
Tanzania
Zimbabwe                         i
Mozambique_
South fic
countries rated~ ~ ric
Zarnia.
Regional aves er
Ethiopia
Uganda
Swaziland
Botswana_           _        ___                                           _
-4.0      -2.0        0.0        2.0       4.0        6.o        8.0       10.0       12.0       14.0
Change in Percentage Points
NVote: A score of '100' mclicates a perfectly nsk-free envirorlnent Num'oers tO the right of the bars indicate the country's ranking among all 135
countries rated
Source Institutional InvJestor
protectionist business concerns, and dernonstra-            However, the ability to attract private risk cap-
tions against price increases are a few examples          ital from  international sources does not only
of the kinds of risks governments run when they           depend upon factors contributing to generalized
contemplate making an investment of political             country risk, but also on project specifics. Infra-
capital in policy reform. If there has been an            structure projects in particular, involving rela-
improvement in investor perceptions of Africa, it         tively  large  capital outlays and  longer-term
has been because an increasing number of Afri-            finance, are very sensitive to non-commercial
can governments have in fact shown themselves             risks of all kinds, and pose a number of addi-
ready to take on the political risk of economic           tional obstacles to investors. The manner in
reform measures.                                          which a government helps manage and mitigate
14



these risks has an important bearing on whether    trating changes in key personnel and policies.
or not investors will find non-commercial risks   Cellular operators who try to develop projects in
for a given country acceptable.                   several countries in the region are often daunted
In practice, there are numerous stumbling       by the lengthy licensing and approval process.
blocks on the road to the private provision of    Similarly, power developers frequently complain
infrastructure that go beyond general macroeco-    about the lack of technical and financial expertise
nomic policies and political stability. Investor  of their counterparts, resulting in protracted
interest in a country is a function of various fac-    delays in the project development phase. Gov-
tors including perceptions regarding the nature   ernments often overlook the fact that higher
and the transparency of the business environ-    development costs eventually  translate into
ment. The experiences of even the relatively few  higher project costs and tariffs, that is, if the
projects that are under negotiation, and the diffi-    efforts of the private developers result in con-
culties encountered-which may have resulted       crete projects at all.
in costly delays-can play a major role in influ-
encing these perceptions. The most commonly       A Reliable Privatization Program: When deciding
encountered difficulties in Southern and Eastern    to invest in the privatization of existing public
Africa include the following:                     enterprises, investors are particularly concerned
about the reliability and effectiveness of the sales
Lack of Government Commitment: Foreign inves-    process. In practice this means the clear defini-
tors often encounter a difficult, and occasionally    tion of key issues, namely (i) the degree of access
hostile, environment during project preparation   to certain sectors through the elimination of
and operation. Even when the government pub-    monopoly arrangements, (ii) the decision-mak-
licly expresses its commitment to such projects,    ing authority on privatizations or project finance
difficulties can arise within sectoral line minis-    transactions, and (iii) the precise procedures by
tries or at the regional or municipal level. Many  which individual projects are awarded. Espe-
investors are thus left with doubts about the gov-    cially in African privatizations, the process tends
erinent's willingness to introduce private infra-    to suffer from political indecisiveness, interfer-
structure operations, and even about the govern-    ence, and apparently arbitrary decision-making
ment's true commitment to its obligations in a    by government authorities; investors are there-
project. In Uganda and Kenya, for example,    fore reluctant to participate. The lengthy political
project developers experienced substantial resis-    debate on whether or not to privatize the infra-
tance from line ministries or state-owned enter-    structure enterprises in South Africa has not
prises despite expressions of full support for    improved investor perceptions of government
their projects by the president himself. True com-    commitment. Similarly, complaints about irregu-
mitment requires more than rhetoric: it is    larities in the sale of commercial enterprises in
reflected in matters of detail, and calls for consis-    countries such as Kenya, and the lack of a full-
tent policies over time, as well as at all levels of    fledged privatization program in Angola, have
government.                                      intensified investor concerns regarding the fair-
ness and reliability of future infrastructure priva-
High transaction costs and uncertainty in dealing    tizations.
with governments: Sponsors of projects in Africa
often find themselves confronted with a bewil-    Non-Transparent Negotiations: In the face of a pol-
dering array of red tape. Few governments in the    icy and procedural vacuum  from  the govern-
region have developed clear guidelines for    ment side, individual sponsors and project
attracting infrastructure investors or have estab-    developers frequently contact government agen-
lished a coordination office. In some sectors it    cies directly, proposing and negotiating individ-
may not even be clear whether private entry is    ual projects. Sometimes this has proved to be an
permitted. Sponsors therefore often face the      effective way to focus attention on the issues to
prospect of spending large amounts of time and    be resolved, and to make progress towards
money in negotiating permission to proceed        achieving financial closure. In other cases, this
from government ministries, local government    process has aroused opposition from critics com-
offices, and state-owned enterprises. As most of    plaining that deals have been negotiated in
these entities are themselves undergoing major    secret and may have been based on illegitimate
transformation, sponsors often encounter frus-    procedures. For example, the sudden appearance
15



of a private power project in Uganda, outside of    sort of long-term finance they require is typically
the  standard  procedures applied  to  other    difficult to arrange domestically, however. In
projects, raised suspicions of irregularities. For-    many countries the banking system is facing
eign investors in Zimbabwe are complaining fre-    grave difficulties because government borrow-
quently that the tendering system is not open    ing has pushed up interest rates and banks with
and fair. In October 1996, for example, President    cash to spare have a limited appetite for long-
Mugabe decided to sell 51 percent of the    term project finance. The domestic interest in
Hwange power station to a Malaysian company      bond issues is also limited, although there are
outside of the established tendering procedure,    indications that it is growing. Pension funds and
resulting in vigorous protests from the investor    insurance companies, which would seem to be
community. Automaticity, transparency, and pre-    logical sources for term finance, are often either
dictability are keys to the development of an    under-funded or prohibited by government reg-
attractive framework. Investors have tended to    ulation from project lending.
stay away from countries where selection is per-
ceived to be based more on the strength of politi-    Ensuring Convertibility and Transferability: Foreign
cal ties and other non-transparent criteria rather    investors need assurance that they will be able to
than on technical and financial merits.          convert project revenues into foreign exchange
that they can repatriate. Mainly due to balance-
Limited Domestic Entrepreneurship: Although the  of-payments concerns, several countries in the
number of domestic entrepreneurs in many Afri-    region still impose limitations on profit repatria-
can countries has begun to take off, nurturing a  tion, and even in countries where legal restric-
home-grown business community takes time. To    tions do not exist, actual conversion of funds is
varying degrees in different countries, there are    often difficult. Investors also face the danger of
few entrepreneurs with the financial strength    large exchange rate fluctuations, jeopardizing
and technical expertise to be able to operate    the adequacy of the project's cash flow in hard
infrastructure facilities. Under such conditions,    currency. Thus, many investors are hesitant to
investors tend to hesitate when confronted with    engage in projects where transferability and con-
regulations forcing them to join forces with a    vertibility remain uncertain. The government of
specific domestic partner.                       Tanzania, for example, has wanted to involve the
Potential investors in Zimbabwe, for example,    private sector in the Songo-Songo project since
are concerned about the effects of the govern-    the discovery of the natural gas field in 1974.
ment's "indigenization policy", and the lack of a    However, major difficulties arose in trying to cre-
concise description and definition of this policy  ate an acceptable framework for currency trans-
does not help to improve investor confidence.    ferability and convertibility. At present, the
project is being developed with the help of the
Popular Resistance to High Returns and Market    World Bank and may be concluded soon through
Pricing: Many governments in the region are con-    the innovative use of World Bank guarantees
cerned about the tariffs for services that would    and the creation of an escrow account abroad.
be provided by private entities. Pricing at com-    However, not many investors would be as
mercial rates often conflicts with existing policies    patient as in this particular case if a reasonable
of subsidized tariffs, and governments tend to    solution cannot be found promptly.
suspect that these prices are the result of exces-
sively high rates of return demanded by private  Unclear Regulatory Frameworks for Service Provi-
operators. Investors, on the other hand, believe    sion: A primary concern for any investor in infra-
that this perception results from an insufficient    structure projects is the extent to which the
understanding by government officials of under-    future business environment will be reasonably
lying market forces, which require these profit    predictable. Investors want a well-developed
margins as well as take pricing market in order    and reliable framework of regulations. However,
to attract partners and lenders to these projects.  countries in Southern and Eastern Africa do not
have a strong history of regulation and enforce-
Weakness of Domestic Financial Institutions: Most    ment. Regulatory agencies often do not exist,
infrastructure  investors send  their bills in    and when they do exist they tend to suffer from a
domestic currency, and such projects are hence    severe lack of qualified manpower and expertise.
most sensibly financed in domestic currency. The    The future environment for projects is thus
16



uncertain, especially with respect to tariff adjust-    description of the circumstances under which
ments over time. While some of these problems    concessions can be modified or canceled, often
can be solved by incorporating solutions in    do not exist. In Uganda, for example, potential
project-specific contracts and concession agree-    investors in the power sector are concerned that
ments, the lack of an overall framework is dis-    it is unclear whether private operations are actu-
concerting to many potential investors.           ally possible under the existing legal regime. The
definition of rights and guarantees, including the
Concerns over the Adequacy of the Legal Framework:    ownership of land and assets, is also of key
Many investors have doubts about the efficacy of    importance. Disputes can arise even under the
the current legal framework in most of the coun-    best contractual and regulatory setup, and legal
tries in the region. Concession laws that spell out    recourse is therefore important to all parties
the rules for private participation, including the    involved. Investors often doubt the neutrality
definition of the responsible government agency,    and independence of the local judicial system
rules for project bidding and tendering, and a    and press for international rules of arbitration.
17



Conclusion
While  private  investment in  infrastructure    the country: governments can use private infra-
projects is booming across the globe, it is lagging  structure projects as an integral, highly visible
in Southern and Eastern Africa. The riskiness of    element of their overall development process.
the business environment, combined with legal,    The demonstration effect of a successful project
regulatory, and procedural impediments, have       can improve not only infrastructure but also
frequently made it difficult for investors to    investor perceptions of the country as a whole.
develop specific infrastructure projects. Condi-    Those countries that manage to jump on the "vir-
tions are improving, however, and an increasing    tuous circle" offered by a commitment to infra-
number of countries are looking for private sec-    structure  privatization  (see Figure  4) may
tor solutions.                                     achieve rapid  improvements in other areas
To facilitate private investments in infrastruc-    important to the development of the private sec-
ture, the countries in the region clearly need to    tor, including a strengthening of capital markets,
improve their policy environment. The challenge    improved access to international finance and
of the imperative also presents opportunities for    expertise, and the strengthening of the legal and
institutional framework for their businesses.
Figure 4: The Virtuous Circle
* Infrastructure
Privatization
* Deeper
Domesitic    _ * _           *Access to
Capital                       Foreign
Markets                       Capital &
i             ^  ~~~~Expertise
* Stronger
Consumer                   *
Report                      Investor
*Improved Quality,    Perceptions
Efficiency &
Competitiveness
18



Notes
1. Economisti Associati, "Eastern Africa-Survey    4. Based on the "World Bank Infrastructure
of Foreign Investors", The World Bank, Washing-    Project Database".
ton, D.C., September 1994.
5. Every six montns, institutionai investor asks 100
2. For some projects, cost information is simply    international banks to score almost every coun-
not available. In other cases, project costs might    try in the world from 1 to 100, according to the
actually be negligibly small or even zero because    perceived likelihood of the country's default on
the arrangement does not involve initial invest-   its debts. While this index only reflects one par-
ments from the private investor or operator.   ticular angle on the business environment in a
country, it is a useful index of country risk.
3. These estimates exclude South Africa.
19



Annex I
Infrastructure Indicators for Southern
and Eastern Africa
Table A. Telecommunications
Telephone mainlines   Call completion    Faults per 100        Mainlines
per 100 persons  rate (% of local calls)  mainlines per year  per employee
Country                             (1994 data)        (1992 data)        (1993/4 data)        (1993 data)
Angola                                  0.53               52.0               150.0                25.0
Botswana                                3.1                n/a                 55.0                27.0
Eritrea                                 0.59               n/a                 n/a                  n/a
Ethiopia                                0.26               50.0                74.0                25.0
Kenya                                   0.85               57.0                n/a                  16.0
Lesotho                                 0.64               89.0                n/a                 13.0
Madagascar                              0.27               35.0                78.0                 14.0
Malawi                                  0.35               62.0                n/a                   8.0
Mozambique                              0.37               n/a                 90.0                25.0
Namibia                                 4.5                n/a                 78.0                36.0
South Africa                            9.0                61.0                n/a                 61.0
Swaziland                               2.0                63.0               238.0                31.0
Tanzania                                0.31               82.0                n/a                  18.0
Uganda                                  0.12               45.0               380.0                17.0
Zambia                                  0.91               n/a                 33.0                25.0
Zimbabwe                                1.2                n/a                254.0                25.0
SEA Average                             0.53a              59.6               143.0                24.4
Middle Income Country Average          11.0                98.0b               55.4                88.3
Notes: a: excludes Botswana, South Africa, Namibia and Swaziland; b: high income country average; n/a-data not available.
Sources: World Development Report 1995, International Telecommunications Union, and World Bank staff members.
20



Table B. Electricty
Electricity        System losses % of           Electricity
production kWh/cap        total output             consumption
Country                              (1992 data)            (1992 data)          kWh/cap (1991 data)
Angola                                  194                      18C                      98
Botswana                                390c                      6                      955
Ethiopia                                 25a                      3a                      18
Kenya                                   130                      16                      148
Lesotho                                 n/a                     12d                      168
Madagascar                               47c                     17                       47
Malawi                                   85c                     19                       54
Mozambique                               24                      24                       60
Namibia                                 n/a                    n/a                      1,256
South Africa                          4,329                       7                    3,901
Swaziland                               n/a                     10b                      842
Tanzania                                 66                      12                       66
Uganda                                   46c                    40                       n/a
Zambia                                  900                      11                      937
Zimbabwe                                790                       7                      863
SEA Average                             585                     14.4                     672
Middle-Income Country Average         2,144                     11.8                     n/a
Notes: a: includes Eritrea; b: 1991; c: 1990; d: 1988
Table C. Transportation
Road density  Roads in good    %of road    Maintenance   % of roads    % of main    Railways:
km paved roads  condition   budget     Shortfall %    that are    roads that  diesels in use -
per million    % of       going to      actual       paved      are paved   % of diesel
persons    paved roads   maintenance   Irequired  (1992-93     (1992-93    inventory
Country            (1993 data)   (1989 data)  (1991-92 data) (1991-92 data)    data)  data)    (1993 data)
Angola                816         n/a          n/a          n/a         n/a          50.2         n/a
Botswana            2,022          94          n/a          n/a         13.3c        15.8         n/a
Ethiopiaa              75          47          n/a          n/a           15         29.3          60
Kenya                 334          32           25           22         13.3a        13.6          52
Lesotho               315          53          n/a          n/a           15         25.6         n/a
Madagascar            366          56           15           29         15.4         31.0         n/a
Malawi                277           56         n/a          n/a         18.6c        25.3          70
Mozambique            277           19         n/a          n/a         n/a          34.6         n/a
Namibia             2,722         n/a          n/a          n/a         10.7b        n/a           88
South Africa        1,433         n/ae         n/a          n/a         30.4a        91.9          83
Swaziland             765          35          n/a          n/a         58.6         25.0         n/a
Tanzania              129          39          42.5          41          4.2         12.0          52
Uganda                120           10         13.4          33          8.5         26.0          64
Zambia                744          40          32.6          12         17.6         30.8          71
Zimbabwe            1,360           70         36.3          73           16         44.8          80
SEA Average           784          46          27.5          35         18.1         32.5          60
Middle Income
Country Average    2,881          45.7         n/a          n/a         91.7d          98d         69
Notes: a: 1991; b:1990; c: 1988; d: Western European Average; e: 5% are considered "poor"; n/a -data not available.
Sources: World Development Report 1995, World Road Statistics 1989-93, and World Bank staff members.
21



Table D. Water
% of population    % of households    % water loss
with access   with house connection   of total        % of population
to safe water   to water supply       provision       with sanitation
Country                            (1991 data)    (urban 1992 data)     (1986 data)         (1990 data)
Angola                                 40                 30                n/a                  22
Botswana                               89                 90                 25                  87
Ethiopia                               17                n/a                 46                n/a
Kenya                                  49                 18                n/a                n/a
Lesotho                                46                n/a                n/a                n/a
Madagascar                             21                n/a                 33                n/a
Malawi                                 53                n/a                n/a                  15
Mozambique                             22                n/a                n/a                n/a
Namibia                                37                n/a                  25                 13
South Africa                        50-74                n/a                n/a                n/a
Swaziland                            n/a                 n/a                n/a                n/a
Tanzania                               52                n/a                n/a                n/a
Uganda                                 15                 20                n/a                  57
Zambia                                 59                n/a                n/a                  40
Zimbabwe                               36                n/a                  16               n/a
SEA Average                          44.9                n/a                n/a                43.8
SSAAverage                             56                 50                n/a                  42
Middle-Income Country Average        79.3                n/a               18-20a              n/a
Notes: a: estimate of average for high-income countries; n/a-data not available; SSA-Sub-Saharan Africa.
22



Annex II
Policy Obstacles to Foreign
Direct Investment in Infrastructure
in Developing Countries
(by Gary Bond, Corporate Planning Department, IFC)
Introduction                                  Most difficulties in implementing private
infrastructure investments arise out of policy
The purpose of this annex is to review the experi-   and regulatory weaknesses in the host country,
ence of the International Finance Corporation    and experiences show that the potential sources
(IFC) and the Foreign Investment Advisory Ser-   of trouble can be many. Foreign investment in
vice (FIAS) with respect to the main policy issues   infrastructure usually involves more complex
which have affected the pace of foreign direct    undertakings than in traditional activities such
investment in infrastructure in developing coun-    as manufacturing. The policy and regulatory
tries. The focus is on those issues that have    barriers faced by infrastructure investors are
emerged as barriers to foreign investment, par-   therefore typically over and above those of more
ticularly during the early phases when a country   traditional investors. This is one reason why some
is opening up to private infrastructure for the    countries have been able to achieve success in
first time. The annex draws in part upon the    attracting foreign investment into their industrial
operational experience of the IFC in financing    or commercial sectors, but not into infrastructure.
private infrastructure projects, a summary of    The complexity of private infrastructure invest-
which is presented in the IFC publication Financ-    ment is reflected in the large number of contrac-
ing Private Infrastructure (1996). This annex also   tual undertakings that are required, involving
draws upon the advisory experience of FIAS in    government agencies as well as other private
promoting policy and regulatory reform for for-   businesses. Policy weaknesses that affect imple-
eign direct investment in infrastructure in Africa,    mentation or enforcement of just one of these con-
Asia, and Central Europe. Part of the discussion    tracts may impede the progress of a whole project.
is based upon contributions made by partici-   While no two countries are approaching pri-
pants at previous FIAS Infrastructure Roundta-    vate infrastructure provision in exactly the same
bles in Bangkok (1993), Beijing (1994), Hanoi    way, there are common elements in the overall
(1995), Vienna (1996), and Entebbe (1996). These    policy and regulatory requirements for enabling
participants included representatives of project    FDI in infrastructure to work. The following sec-
development companies, commercial lenders,   tions provide an overview of the main issues
legal advisors, and government officials.    which have been encountered to date.
23



Meeting the Requirements of Project Financing    Some other countries have encountered diffi-
culties in achieving foreign participation in infra-
FDI is often thought of as consisting purely of    structure without first having a clear concession
equity financing, and for many smaller projects   framework. In China, for instance, a large num-
this is correct. For private infrastructure projects,    ber of agreements were signed in the early 1990s
however, investor equity is usually either insuffi-    between various government agencies and for-
cient or too expensive to meet total project costs,    eign  investors  to  undertake  infrastructure
and typically a mixture of debt and equity fund-    projects (notably power generation) on a joint
ing is required. In power projects, for example,    venture basis. Very few projects have been able
debt might contribute as much as 75 percent of    to proceed, however, mainly because of uncer-
project costs. Where equity and debt are being    tainties over which agencies have responsibility
supplied on an "at risk" basis, project implemen-    for certain key approvals, and which approval
tation depends on adequate arrangements in    criteria should be applied. China is now in the
place to satisfy the risk-return requirements of    process of developing a concession framework
both investors and lenders. In most situations, it   aimed at overcoming these difficulties.
is a country's policy framework, at both macro-  Detailed implementing rules and regulations
economic and sector levels, that determines    are an essential companion to the laws that gov-
whether the risk-return levels are acceptable.  ern private participation in infrastructure. Inves-
Under limited recourse project financing, there    tors need to know which government agencies
are several ways in which policies and regula-    are authorized to negotiate and award conces-
tions can affect the bankability of a project. As    sions, and they need to know the procedures for
discussed below, policy considerations operate    obtaining approvals and clearances, as well as
at both the country level (the issues include    the criteria for approval. The absence of pub-
country risk, the ability to take security over    lished implementing rules and regulations can
assets, and the enforceability of contracts) as well   create confusion among both investors and gov-
as at the project-specific level (here the issues    ermnent officials, and may result in arrange-
concern concession arrangements, government    ments that are not necessarily within the provi-
agency obligations, and approval and clearance    sions of the law. Vietnam, for instance, has
procedures). Policy weaknesses at any stage in    experienced a number of implementation diffi-
the implementation process can delay a project,   culties since publishing a BOT Law in 1993,
particularly where the security requirements of    partly due to the inadequate specification of
lenders are in doubt. The inability of policy and    implementing rules and regulations. These diffi-
regulatory frameworks to meet lenders' require-    culties have contributed to the very slow pace of
ments is the most frequent cause of project delay    private infrastructure investment in Vietnam.
and, in some cases, abandonment.
Foreign Exchange Convertibility
Concession Arrangements
Most infrastructure projects generate earnings
Most countries that have been successful with    denominated in local currency, which must then
private infrastructure programs have intro-    be converted into hard currency to meet the
duced specific legal frameworks that provide for    obligations of foreign investors and lenders.
private (and foreign) participation either in the    Although there are exceptions, such as ports that
form of ownership (such as BOO or privatization    charge for services to foreign vessels, power that
arrangements) or fixed-term contracting arrange-    is exported to a neighboring country, or toll
ments (such as BOT). Pakistan (with BOO or    roads which rely on foreign traffic, most cash
privatization) and the Philippines (with BOT) are    flows from infrastructure projects are not in hard
examples of countries that have prepared compre-    currency, and the ability of project investors to
hensive legal frameworks for private infrastruc-    make the necessary conversion on a timely basis
ture as a first step in the development program.    can be a major concern.
While the approaches taken by these countries are  Few developing countries have currencies that
different, they have in common a clear legal basis    are freely convertible on both current and capital
for approval and award of concessions, plus    account transactions. Most have administrative
detailed implementing rules and regulations    arrangements that operate through the cen-
which specify the procedures to be followed.   tral bank for allocating hard currency among
24



comDeting demands, both public and private.    under each of these arrangements, ownership
The main concern of foreign companies is    restrictions typically add to implementation
whether the country's foreign reserves will be    difficulties.
sufficient to meet their conversion requirements   Laws or rules requiring minority foreign own-
in the years to come and whether the arrange-    ership in a joint venture are usually aimed at
ments for foreign exchange allocation will work  promoting local capabilities and ownership, but
in their favor or against them.                 such an arrangement is not always the most effi-
Some countries have been able to make special    cient from the viewpoint of project management
arrangements through offshore escrow accounts    and financing. The local partner's capabilities
for payment of infrastructure fees in foreign cur-    and record of business management may influ-
rency; this arrangement has been used by the    ence the desirability of the venture. The foreign
Philippines to implement private power projects.    partner may be reluctant to cede management
Other countries have provided guarantees of for-    control to the local partner, and may not be will-
eign exchange convertibility, issued through the    ing to transfer technologically advanced equip-
central bank or ministry of finance. However, in  ment. Financiers, who look to the project's effi-
some emerging markets, investors are uncertain    cient management and operation as the basis for
of the meaning of such guarantees and doubt    loan repayment, may also have reservations
whether they will ensure that conversion takes    regarding the managerial capabilities of the local
place in a timely manner. The latter issue is par-    partner.
ticularly important to foreign lenders, who        Restrictions on foreign ownership can give rise
require strict adherence to loan repayment    to other types of financing problems. In joint
schedules (in hard currency).                   ventures where equity is contributed in propor-
Countries can do much to improve investors'    tion to ownership, the local partner may not
foreign exchange perceptions by putting in place  alw^ays have access to sufficient investment
a credible strategy for balance-of-payments man-    funds for the project's equity requirements. The
agement. The most credible strategies involve    local partner may then seek to borrow to make
controls over excessive public sector borrowing  up the equity contribution, or advocate an
(mainly through fiscal reform measures) and the    increase in the debt portion of project funding, or
promotion of external competitiveness (particu-    scale down the project size to a level that suits
larly through removal of anti-export biases in the    the limited equity availability. In many cases
trade regime). For many investors, foreign    these attempts to alter the financing structure or
exchange concerns are ultimately a measure of    project size to fit a predetermined ownership
faith in a government's ability to manage the bal-    arrangement can be detrimental to the sound-
ance-of-payments situation, and credible fiscal    ness of the undertaking.
and trade policies can have an important, if indi-  In some countries the law may provide for 100
rect, effect on promoting investments in infra-    percent foreign ownership, but in practice the
structure. Investors are also aware that while    government agency authorized to negotiate the
infrastructure projects may not add directly to a    project concession may insist on a joint venture
country's net export earnings, they can help    arrangement with the state utility. Such a case
overcome export bottlenecks. For this to happen,    can happen where there is no functional separa-
however, a credible export-oriented strategy    tion between the implementing agency and the
must also be in place.                           state utility, or where the implementing rules
and regulations are not clear regarding the pre-
Ownership Requirements                          ferred ownership structure. In some countries
(e.g., Pakistan), a separate agency has been estab-
Investment opportunities for foreign investors in    lished to award concessions to private investors;
infrastructure vary from  100 percent foreign-    contractual negotiations of elements such as
owned and operated enterprises to legally-man-    power purchase and fuel supply are carried out
dated minority stakes in joint ventures with local    separately with the relevant state agencies.
firms. In some countries, the foreign investor's   In situations where the foreign investor estab-
local partner is a state-owned utility, which may    lishes a joint venture with a local entity, it is
act as business partner, regulator, and offtaker (in    important that the relevant company laws pro-
the case of electric power). While foreign inves-    vide adequate protections. The law should pro-
tors have found ways to implement projects    vide for freely transferable ownership rights, not
25



subject to government approval. The law should    and power as a prelude to attracting significantly
also ensure that equity can be effectively voted.    increased volumes of foreign investment in these
In Vietnam, for instance, the implementation of    sectors.
joint ventures has been delayed because majority
equity in a joint venture company does not mean   Enforcement of Contracts and Dispute
that the foreign investor will have effective     Settlement
management control; certain decisions of the
management board of the company require    Infrastructure  projects are  contract-intensive
unanimous approval, including decision on pro-    arrangements, often involving explicit undertak-
duction, business, budget, and financing plans.    ings between the foreign investor and local com-
Hence, the local board members may have effec-    panies, including state enterprises. Because con-
tive veto power over all business decisions in    tractual undertakings form  the basis of a
spite of a foreign investor's majority equity.    project's ability to generate cash flow and service
Vietnam is, however, in the process of revising   debt, it is essential that all contracts be enforce-
this provision.                                   able under law. It is also important that mecha-
nisms for settling disputes among contracting
The Pricing of Infrastructure Services            parties be in place. Dispute settlement mecha-
nisms should aim to resolve differences in a
Low or subsidized prices for key infrastructure    timely manner and without prejudice to the
services such as power and water present major    ongoing operation of the project.
obstacles to foreign investors in many countries.   Contract enforceability is usually most evident
Consumer prices that are below economic costs    in countries with established business legal
deter private investors in several ways. First, in    frameworks and with a history of private sector
the absence of comprehensive sector price re-    growth and development. It is in these countries
form, project developers are reluctant to supply    that the necessary integration of specific laws
services at economic prices for fear of a backlash  governing BOT, BOO, or privatization conces-
aimed at them. Second, low prices impair the      sions with laws relating to contracts and other
creditworthiness of existing state-owned utilities    commercial activities has been achieved most
and this limit their ability to enter into contractual    readily. By contrast, in countries that have only
commitments without some type of government    recently given prominence to private sector
backup. Third, government transfers to utilities  development issues, there are more likely to be
to cover revenue shortfalls may bring political    questions over the legal basis of contract enforce-
objections against foreign power generators or    ability and the provisions for dispute settlement.
water providers. Hence, in a number of countries,    Project negotiations in countries currently under-
especially in Eastern Europe and sub-Saharan      going transition to the market (including China
Africa, pricing is one of the main issues holding  and Vietnam) have been delayed over these
up private investment in power and water.         issues, especially in relation to contracts involv-
Governments have been slow to implement    ing state-owned entities.
reforms of water and power tariffs due to con-      Countries need to ensure that disputes involv-
cern over people's abilities to pay market prices.    ing local and foreign joint venture partners do
In addition, in countries with extensive state    not jeopardize the integrity of the project. Some
enterprise sectors, there is the related concern  countries have passed regulations enabling dis-
that higher tariffs may mean higher subsidy pay-    putes to be referred to a domestic arbitration
ments to industrial firms. Some governments    body or to an arbitration body of another coun-
have nevertheless realized the wastefulness of    try. However, such provisions need to be backed
subsidized tariffs and have sought to phase in    by domestic laws on the recognition and enact-
tariff increases over a period of years. Others    ment of foreign arbitral awards. It is also impor-
have also recognized that the significant portions    tant for foreign investors to know the position
of the population who have no access to water or    that local courts will take regarding enforcement
power receive no benefit from these subsidies,    of awards against local parties. In some coun-
and that by inhibiting investment, subsidies may    tries, there have been occasions when state enter-
actually be working against these people's    prise partners in a joint venture have called upon
interests. Several countries are currently in the  other arms of government to help resolve a dis-
process of implementing tariff reform in water    pute in their favor. Clearly, countries sometimes
26



need to make a special effort to overcome the     Inadequate accounting practices and a lack of
conflict of interest that is inherent whenever state    audit requirements add to the difficulties of lend-
agencies act as both an arm of government and    ers. In projects involving joint ventures with
as a joint venture business partner.            local partners or important local contractual
arrangements, lenders will want to carry out
Lenders' Requirements                            proper credit analysis to ensure their ability to
meet commitments. In several countries, this
Few private infrastructure projects are financed    task has proved difficult due to poor accounting
on the basis of equity finance alone, and in most    and auditing standards.
cases a project's viability depends on whether or  Creditworthiness concerns also arise where
not it can attract term debt. Under situations of    government entities  enter into  contractual
limited recourse project financing, where debt    arrangements such as power purchase agree-
repayment is not guaranteed, lenders will    ments. Timely payment for power generated by
impose stringent conditions in order to protect    a private power company is essential if the com-
themselves against the risk of default. These con-    pany is to meet debt service obligations, and
ditions, which are also referred to as lenders'    lenders are reluctant to provide at-risk finance
requirements, apply to virtually every element of    when the creditworthiness of the power pur-
the project that may impact upon the project's    chaser is in doubt. In a number of countries,
cash flow and asset value.                      project implementation has been able to proceed
A number of developing countries have diffi-    only through the provision of counterguarantees
culty attracting term debt for project financing  on the state utility's obligations, either by the
because of country risk factors. Commercial    government or through agencies such as the
banks and other lenders will typically set limits    World Bank. Avoidance of the government coun-
to their involvement with risky countries, either    terguarantee prob'LEl 's occurred oruy where
in the amount of loans outstanding or in the    the utility that is purchasing the service is
maximum term of loans. For the least creditwor-    demonstrably creditworthy or already in private
thy countries, these limits are often too low for    hands.
infrastructure projects, which typically involve  In addition to seeking minimization of cash
repayment terms of six to eight years (at least)    flow risk, lenders will also protect their interests
and loan volumes in the tens (or hundreds) of    by taking collateral security over project assets,
millions of dollars. While agencies such as the    usually in the form of a mortgage. In many
IFC can help to overcome risk barriers for indi-    developing countries, there are well-established
vidual projects, the priority strategy is to seek an  procedures for drawing up and registering mort-
improvement in country risk status through      gages over land and fixed assets, but this is not
appropriate policy reform.                      always the case. China, for instance, has only
Beyond the limitations imposed by country    recently established a national security law
risk factors, there are also project-level impedi-    authorizing mortgages. In other countries, such
ments to the mobilization of term debt. Under    as Vietnam, the problem involves legal uncer-
limited recourse financing, a lender's primary    tainty over the assignability of land use rights
concern is the project's cash flow and the ability    and the ability of foreigners to establish claims
of the project sponsors to service debt out of that    on land.
cash flow. Such an assessment requires detailed
appraisal, but in some countries, lenders have    Project Selection, Negotiation, and Approval
found it difficult to properly appraise a project    Processes
because the terms and conditions of the contract
or concession have not been finalized at the time    There is much variation in the ways that coun-
finance is requested. This problem arises because    tries select projects for FDI, the transparency of
licensing procedures in these countries require    the negotiation process, and in speed of approv-
the foreign partner to be quite specific about the  als. These differences have had a major impact
sources and terms of finance, something that few  on the rate of project implementation. In some
project developers can know with certainty in    countries, the selection of eligible BOT projects
advance. Such requirements only add to the       appears to be unrelated in many cases to their
complexities of project negotiation and may     commercial potential, and difficulties thus arise
delay or jeopardize the implementation process.    in  the  government-to-business  relationships
27



from the very start. This relationship is particu-    investors to infrastructure poses a great chal-
larly important in sectors such as transport,   lenge to government officials in the fulfillment of
where doubts over traffic volumes and willing-    their responsibilities.
ness to pay economic tolls will make foreign       When countries are in the initial phases of a
investors very cautious in their commitments. In    private infrastructure program, few officials will
the power sector also, projects need to have    have any depth of experience with the practices
strong  business  underpinnings, which  are    that underlie project concessions and financing.
reflected in arrangements for fuel type and sup-    The lack of experience sometimes results in mis-
ply, cost pass-through provisions, take-or-pay    interpretations and may also account for the
provisions, grid connections, etc.              resistance to foreign investment that is still
In some countries investors have not being     encountered in some countries. Incentive struc-
able to determine easily which projects are up for    tures within the ministries responsible for infra-
BOT investment and which are not; often when    structure may also be a problem. Ministries will
governments  are  developing  public  sector    probably continue to have close relationships
projects in parallel with BOT projects, but have  with their counterpart utilities and may not wel-
not drawn a clear line between them. Problems    come the concept of dealing with them through
arise when a project is offered as a BOT opportu-    arms-length regulations. Furthermore, they may
nity, but is subsequently withdrawn and imple-    fail to see the importance of providing even-
mented on a public sector basis, as has happened  handed treatment to all parties concerned.
for example in the Czech Republic. Although        As a result of these imbalances, many of the
such changes may happen for valid reasons    difficulties faced by foreign investors occur at the
of urgency, they do not promote investor    initiation or negotiation phases of project imple-
confidence in the government's commitment to     mentation. An overall lack of familiarity with
private infrastructure. In several developing    large-scale foreign investment is said to be one
countries, there is still a perception that the gov-    reason that government officials will proceed
ernment regards private infrastructure not as a    very cautiously-and  slowly-at the initial
priority, but as a last resort.                  stages Indeed, negotiations leading up to the
Private infrastructure projects involve a large    granting of a license can sometimes take up to
amount of business-to-government negotiation,    two years and involve considerable legal fees
both in the form of the concession arrangements    and other costs for the foreign investor. At the
that define the investor's rights to own and/or    project negofiation phase, officials are still trying
operate an infrastructure facility as a business,    to find out how in practice project risks are man-
and in various contractual undertakings with    aged and how this management in turn affects
government firms, including power purchase       negotiating strategies. Officials are often con-
agreements, fuel supply agreements, and con-    cerned that there be an equitable sharing of risks
struction works agreements. Both the concession    in BOT projects, but it is not clear whether they
arrangements and the contractual undertakings    are talking about the sharing of risks within the
involve government in new  types of com-    joint venture or between the joint venture and con-
mitments that, in many cases, would not be    sumers. Clarification of this key regulatory issue
necessary if everything were to be done by state    will be central to any future improvements in
enterprises. Hence, the introduction of private    project negotiation and approval.
28



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Consult your ocal distributor  cp-ws Eat sasEs@lla208contldk                                                  JAN94                                 NORWAY                               MYANMAP, BRUNEI                      Oxford Universiy Pros
bebre placing an order.             Ceee for Appd R aorch                 URL hIv snvwasoa2oomAk               Eason Book Serice                    NCInoAtS                             Asahgate Pubrahng Asia               Maldaba Sreet
C)�wColle                                                                 3-13 Horgc, 3chor   nkBrco-au        Book Dqttneet                          PaciticeP Lt                      PO Box 5239
6,sUStoSEngomi                       MMDA                                 Towo113                              PQtnox61250EWrSad                    41 Kalg Puadifr  Road 1061IX         DaresSataam
ARGENIIIA                            PO BBOa 206                          Abed Pitihae  LW.                    T* (81 3) 3818-0861                  N-6OSOob 6                           Godden WeelBBudi                     Tet (25551)23209
Orckr del Lbwo ka lona               Nxosia                               751 Moint Rood                       Fa  (81 3) 3E1B4E64                  Tet (4722) 57-30                     Singapore 349316                     Far (255 51) 46822
AAi.Cordot177                       TtU (3572)441730                     tdmsd-OD0002                          E0-mt sveb@pppbekkoameorjp           FaR (4722)68-1901                    Te: (65)741-5166
1120 Senue Akoe                     Fax rc 72)46-2051                    IT  (91                               UA44)82393  UL htvitbeliome.orp-svekobs                                  Far (65) 742-9365                     THAILAND
Tot (541)815-834                                                          Fax (91 44) 852-649                                                       PAWISTAN                             E-mail astrgateOasianconnectcom      Central Books Detbutton
Fox (54 1) 81548156                 CZECH REPWUC                                                               KENYA                                 forza Book Agency                                                        306 Sloim Rood
Nael hnfmabe Cunter                  B4DONESIA                            Alrca Book Servce (EA) Lt            65. Shahroli-eCaid-o-Azarn           SLOVENIA                             Bangkok 105DD
AUSTPAJA, FLPAPUA NEW  IEA,   prodoa Krtka 5                              Pt hoida Lrtaed                      ooaran Home, Mtago Street            Lahore 540D0                         Gorspodao Vesntk Putlishng Grup      Tot (662)23SStD
SOLOMN    LANDS VAtlATU, AND        CS- 11367 Piague I                   Jalan Borobudur 20                    PO Box45245                         TIt (92 42) 735 3E01                  Dunajska costa 5                     Fax (66 2) 237-8321
WESTEIN SAIDOA                       It (422)2422-9433                     0QBox181                            Narobi                               Faxc (9242)75852E3                   1600 L4plana
DA  drroatli Serviera                Far (422) 2422-1464                 Jola 10320                           TeL (2C4 2) 223 641                                                       Tel (38661)1338347,1321230            TRINIDAD & TOBAGO,
648 W   iw PsRod                    URL htiplwwwozi                      Tot (6221) 39429D                     Fax (2542)330272                     Oxad Uweay Prws                      Fax (38661)1338030                   AND THE CARRIBBEAN
M1lar 3132                                                             Fhx (62 21) 421-4289                                                        5 Barklwore Town                     E-mad blioddlgirestmnbsi             Systaa Sbdies Und
VIoS                                 DENMARK                                                                   KOREA, REPUBtUC OF                   Srae Fansl                                                                9 wats ste
Tet (61)392107777                   Sam;dnteratur                        RANM                                  Daeon Traidg Co Ld                   PO Box 13033                         SOUTH AFRtCA, BOTSWANA               Cureoe
Far (61)39210 778                    Reeoes   Aid 11                     Ket Sam  Go. PLtslhro                 PO. Bo 34, Youda                     Karachi-753560                       Fori5g5e Od                          Trndad4 Westntioes
E-mat senrice@coadrdcomau            DK-1970 Frederig C                  KaedEamalaoS Ave.,                   706 Seoi Bldg                        Tot (9221) 446307                    Oxoord Unrer  Pres                    Tel (89) 682-5604
Ut tiltprmhaded     comaj           IT  (4f31)3351942                      h Street                           44-6 YOUKo-Dong, Yeoengpo-Ku          Fax (9221)4547640                      Srthem Afica                       Fax (801)662-5654
Far (4f31)35722                     KushaheDelatrozzNo 8                  Sead                                 E-nat. oup@ooupMhLerumcoompk         Po Box 1141                          E-mai.t tcobe@toiddroet
AUSTRIA                                                                  P       Box 1574-733                  Tel (82 2) 786-1631/4                                                     Cape Town 8000
Gerold and Co                       EGYP, ARAB REPUMtO  OF               Tehirn                                Far (82 2) 784-0315                  Pak Book C;poraton                   Tel (27 21) 45-7266                  UGANDA
WaftWrggeooe26                      MAl Mm DlWrtotnAgericy               It (9821)8717819% 8716164                                                  AzizcChambers21                      Fax (2721)45-7265                    GustroWLd
A-101tVien                           AlIGalaa Sre                         Fac (9821)8712479                    MALAYSIA                             Ousenos Road                                                              PO Box 9997
TIt (431)5t2-47414                   Cairo                                E-mat ketatksara@nedntoir            Uwve"oftyMalaya Cooperove            Lathore                              Foushritcpbonorders                  MadhvarinBuikng
Fax (43 1) 512-47-31-29              TeU (2D2)5786083                                                            Boosaiop.LitMed                    Tel (9242)636 322; 636 0885          Intenational Subscirpkon So"ce       Plt 164 Jmra Rd
URL til%c/wr/wgerldtcottonine        Far (202)5678633                     Kokb Pubshomer                       P.O Box 1127                         Fax (9242)6362328                    PO Box 41055                         Kamipab
PC Box 19575-511                     Jaon Pantal Baru                    E0-mal ptbcbramnetpk                  Craighal                             Tet (25641)254763
BANGLADESH                           The Mdde East Oberver               Thrdn                                 59700 Kuala Lumpur                                                        Johannesbtrg 2624                    Fax (25641)251 468
Mkrolni&tinesDeflomern               41,ShfStxoet                        TUl: (9821)251-3723                   Tel (603)756-5000                    PERIl                                Tel (2711)880-1448
Assistace Soiety(MIDAS)            Cairo                                Fax (9821) 258-3723                  Fax (603) 7554424                    Ecdoonal Desarroib SA                Fax (2711) 880-6248                  UNITED KINGDOM
Hoies5 Road 16                      TUi: (202)393-9732                                                                                              Apareado 3824                        E-mail isse coza                     Mnbic o Ltd
Ohanondi WoAa                        Fax (202)393-9732                   IRELAND                               MEXICO                               Lma1                                                                      PO Box3
Dhdal 1209                                                                Govemment Sppees Agency              INFOTEC                              Tet (51 14) 285380                   SPAIN                                AItDm HampsNare GU34 2PG
TUL (88D2)22427                      ttAND                                Otig an tSolitalr                    Av San Forrando No 37                Fax (5114) 286628                    Mundi-Prensa Libros, SA              England
Fax (8202) 811188                   Akateidn  Kkakaap                    4-S Harcourt Rood                     Col Torielo Guerra                                                        Castao37                             Tet (441420)86848
PO Box 128                           Dutbi 2                              14050 Mxmco, D F                     PtLtPPINES                           28001 Madnd                          Fax (441420) 89889
BELGIUM                             FIN00101 HMtina                     TUl (353 1)6614111                     Tel: (525)62428D0                   Intemanoa   Bookksource Center Inc    Tel (341)421-399                     E-mail wbarilik@iminfodrmoricouk
JeanDeLannoy                         It (3580)12141                       Far (3531)4752670                    Far (525)624-2822                    1127-AAntpoloSt                      Fax (341)57S3998                     URL ht5pJAwwmcrorinfocouk
Av du Roi 202                        Far (3580)121-4441                                                        E-mad- infolecOtri.rtolmx            Barariay, Venizola                   E-mail tbrriamrndiprerinsas
1080 Biwoela                        URL htplfoookneLcutnetf/aka/         ISRAEL                                URL httpl/rtnnetmx                   Makab Cdiy                           URL htipJ/vwwwmundpreirsa oes        VENEZUELA
TeU. (322)538-5169                                                        Yozmot Uterature Lkd                                                      It (932) 896 6501; 650R 6507                                              TecmiCionrci Lbrosr, S A
Fax (322) 538-0841                   RANCE                                80 Boa68055                         NEPAL                                Far (632) 896 1741                   Mundi-Pres Barcelona                 Cefro Cudad ComerciaC Tamanco
Wodld Bait Pbttlndons                3 Yohrann  tdlar sto                 EverestMNdla M ternabonat                                                 Corrseil d CooL 391                  Nvel C2
BRAZIL                               66, avenue dlrna                     TeU Aviv 61680                         SeWca (P) Lt                       POLAND                               08009 Barcolona                      Caracas
Pubiicac(esT    taombs  ntoradals   75116Patio                            Tt (9723) 528-97                     GPO Box 5443                        Intematonal Publrsig Service          Tel (343)488-3492                    Tet (582) 99 69547:503:0016
LId                                Tat (331)40- 56J57                   Fax (9723)5285-397                   Kathmandu                            LI. Preima 3137                      Fax (343) 487-7659                   Fax (582)9595830
Rua Peloo Gomde, 209                 Far (331)a4-9-0-6                                                       -It (9771)472152                       00-677Warzaaa
01409Sao Pako, SR                                                         RQY. Internatioa                     Far (977 1) 224 41                   TIt (48 2) 628089                    SRI LANKA, TFtE UIDIVES              ZABIA
Tet (5511) 259644                    GERMANY                             POBox 13066                                                                 ar: (482)621-7255                   Lake H-oe SBootiop                   Unet Boosttop
Fax (ss 11)2 68-6                    UNO-*at                             TeU Aviv 61130                        NEltERLANDS                          E-mat boob�ka%IipSokatrot pl         100, Sir Chtnaptam Gardner Mawotha    Unwomity of Zafrbe
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URL ht%l(wwreid                     53115 Boon                            Fo  (9723)5461442                     O. Boo 202                                                               Tel: (94 1)32105                     ROBoN32379
Tk (49228)212940                    E0ma  ryftOlnetit                     74890AEHaabbergen                    PORTUGAL                             Fax (941)432104                      Loosak
CANADA                               Fox (49 228) 217492                                                       Tot (31 53) 574-0004                LUMraPrwtaga                                                               Tot (2601) 252 576
Rnoof Ptt    oD. LId                                                      Pesatinia Aulior"Aledd    East       Far (3153)572296                     Apartao 2681                         SWEDEN                               Far (2601)253952
5369 Canobk RoMd                     GREECE                               tdee Inttormaton Sorvieo           E0-mal lihdeoto oerillneid            Rue Do Canmo 70-74                   Wwnionoerinainlro AB
COfo,C OnarIo KIJ 1J3                PapoldoukSA                          POB 19502 J_eumern                   URL kttr-lwwoddoineln-t-ideboo       1200 Lboin                           8 a BoX 1305                         ZBIBE
Td. (613)745-2665                    35,SkoraStrd                        TIt (9722)6271219                                                          Tat (1)34742                         S-171 2SSolna                        LoVoenkrdZbbte(Pte.)utt
Fax (613)745-7660                    106 82 Atomh                         Farx (972 2) 6271634                 NEW ZEALAND                          Fac (1) 347-0264                    U. (46 8) 705-97-50                   Toude Roac Arenido
E-ea renotOfalnlkcsa                 Tet (301) 384162826                                                      E0          NZLW.                                                          Fax (468)27-0-71                     PQ BoxaST125
URL htlpfwtfmnsUwcaW-ronouf          Fax (301)364-264                    WTAlY                                 Private MaN Bag 99914                ROMAJIA                                                                   Southaton
Ucoa Comtisomonarla Sanscnl SPA     New Market                           Companl Do Lrthbdi Bucouresl S       SWITZERLAND                          Flama
CliNA                                HArn                                 Via Duca Di Catbri, 111              Aucldar                              Stb Upcani no. 26, swtor 3           Lbrse Payot                          Tot (263 4) 6216617
COdoa Fhancid& Emomtc                Culture Dlboo                        Case3aPostealeS2                     Te (649)524-8119                     Buareat                              Service lnaftnnal                    Far (2634)621670
Pubitshig FHow                       5, Rue Capos                         5D0125 Ftes                          Far (649) 524-807                    Tet (401)613 9646                   CMtaesdeMontenon 30
8.Da oSiDongJoe                      CY257                                Tet (55)645-415                                                           Fa  [401)3124000                     1002 Lausiamoe
Belg                                 Po-rFal-PrInce                       Fax (55)641-257                                                                                              TU: (4121)341-229
Tot (8610) 0333-8257                 It (5091)39260                      0E-mt licosrftlbcit                                                                                             Fax (41 21) 341-3235
Fax (8610) 6401-7365                                                      Urt hildtpJfvratsticc Ycoo






I



_            THE WORLD BANK   '
A partner in strengthening economies
and expanding markets
|  _ _      to improve the quality of life
DZ 2 J 5f for people everywhere,
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I.,
The Foreign Investment Advisory Service (FLAs), a
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governnents of developing member countries to
review. and adjust policies, institutions, and
programs that affect foreign, direct investmerit. The
ultimate,purpose 'of PIAS is to assist member
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9'   j j8 IW,F 
ii 82i33iii111 
ISBN 0-&213-3885-4