Click here to download the Ports and terminals 2020 report, published by Getting the Deal Through.

Jurisdictions covered

The following 20 jurisdictions are covered in this report:

Argentina; Australia; Brazil; China; Croatia; Cyprus; Denmark; Germany; Mozambique; Netherlands; Nigeria; Paraguay; Peru; Portugal; Russia; Sri Lanka; Turkey; United Arab Emirates; United Kingdom; Venezuela.

Questions

The set of questions relating to the topic of ports and terminals and answered by the guide for each jurisdiction covered include:

General

• • Which are the key ports in your jurisdiction and what sort of facilities do they comprise? What is the primary purpose of the ports?
• • Describe any port reform that has been undertaken over the last few decades and the principal port model or models in your jurisdiction.
• • Is there an overall state policy for the development of ports in your jurisdiction?
• • What “green port” principles are proposed or required for ports and terminals in your jurisdiction?

Legislative framework and regulation

• • Is there a legislative framework for port development or operations in your jurisdiction?
• • Is there a regulatory authority for each port or for all ports in your jurisdiction?
• • What are the key competencies and powers of the port regulatory authority in your jurisdiction?
• • How is a harbourmaster for a port in your jurisdiction appointed?
• • Are ports in your jurisdiction subject to specific national competition rules?
• • Are there regulations in relation to the tariffs that are imposed on ports and terminals users in your jurisdiction and how are tariffs collected?
• • Does the state have any public service obligations in relation to port access or services? Can it satisfy these obligations through a contract with a private party?
• • Can a state entity enter into a joint venture with a port operator for the development or operation of a port in your jurisdiction? Is the state’s stake in the venture subject to any percentage threshold?
• • Are there restrictions on foreign participation in port projects?

Public procurement and PPP

• • Is the legislation governing procurement and PPP general or specific?
• • May the government or relevant port authority consider proposals for port privatisation/PPP other than as part of a formal tender?
• • What criteria are considered when awarding port concessions and port joint venture agreements?
• • Is there a model PPP agreement that is used for port projects? To what extent can the public body deviate from its terms?
• • What government approvals are required for the implementation of a port PPP agreement in your jurisdiction? Must any specific law be passed in your jurisdiction for this?
• • On what basis are port projects in your jurisdiction typically implemented?
• • Is there a minimum or maximum term for port PPPs in your jurisdiction? What is the average term?
• • On what basis can the term be extended?
• • What fee structures are used in your jurisdiction? Are they subject to indexation?
• • Does the government provide guarantees in relation to port PPPs or grant the port operator exclusivity?

Port development and construction

• • What government approvals are required for a port operator to commence construction at the relevant port? How long does it typically take to obtain approvals?
• • Does the government or relevant port authority typically undertake any part of the port construction?
• • Does the port operator have to adhere to any specific construction standards, and may it engage any contractor it wishes?
• • What remedies are available for delays and defects in the construction of the port?

Port operations

• • What government approvals are required in your jurisdiction for a port operator to commence operations following construction? How long does it typically take to obtain approvals?
• • What services does a port operator and what services does the port authority typically provide in your jurisdiction? Do the port authorities typically charge the port operator for any services?
• • Does the government or relevant port authority typically give any commitments in relation to access to the hinterland? To what extent does it require the operator to finance development of access routes or interconnections?
• • How do port authorities in your jurisdiction oversee terminal operations and in what circumstances may a port authority require the operator to suspend them?
• • In what circumstances may the port authorities in your jurisdiction access the port area or take over port operations?
• • What remedies are available to the port authority or government against a port operator that fails to operate and maintain the port as agreed?
• • What assets must port operators transfer to the relevant port authority on termination of a concession? Must port authorities pay any compensation for transferred assets?

Miscellaneous

• • Is a port operator that is to construct or operate a port in your jurisdiction permitted (or required) to do so via a special purpose vehicle (SPV)? Must it be incorporated in your jurisdiction?
• • Are ownership interests in the port operator freely transferable?
• • Can the port operator grant security over its rights under the PPP agreement to its project financing banks? Does a port authority in your jurisdiction typically agree to enter into direct agreements with the project financing banks and, if so, what are the key terms?
• • In what circumstances may agreements to construct or operate a port facility be varied or terminated?
• • What remedies are available to a government or port authority for contractual breach by a port operator?
• • Must all port PPP agreements be governed by the laws of your jurisdiction?
• • How are disputes between the government or port authority and the port operator customarily settled?