Overview

The Public Private Partnerships and Infrastructure Finance seminar provides training in the design, negotiation and financing of private participation in infrastructure, as well as covering topics of interest to private sector lawyers, contractors, bankers, accountants, and government officials. Case studies and mock negotiations will help identify critical issues related to the use of project finance techniques to fund Public-Private Partnerships.

The seminar runs concurrently with the ILI Project Finance Techniques: Applications and Recent Developments seminar and may run relevant sessions jointly. 

Certification 

Upon successful completion of the seminar, each participant will be awarded a Certificate of Completion. Successful completion requires that a participant diligently attend all seminar sessions promptly and on time throughout the seminar, read all assignments, and participate in all group discussions and exercises. If a number of sessions are missed without proper reason, the ILI reserves the right to withhold certification.

Format

This seminar is currently offered in-person. Special requests to attend online must be submitted by email as early as possible. Requests will be considered on a case-by-case basis, taking into account the overall experience of each participant and the larger group. In-person seminars, even when being joined online, run from 9:30 am – 4:00 pm Washington, D.C., time.

Course Outline

Planning for Private Participation

• General nature of private infrastructure finance
• Lessons learned from past policies and projects
• Strategic considerations for the host government and for the private sector participant
• Identification and preparation of individual projects
• Developing a communications strategy

Design of Concessions and other PPP Arrangements

• Legal and regulatory framework
• Design of individual agreements
• Special problems of agreements with local authorities and other subnational entities
• Key financial considerations, including the concept of bankability
• Basic project documents

Negotiation of Key Contract Clauses

• The negotiation process
• How to negotiate contentious clauses, including: clauses to make a concession bankable; termination provisions and compensation in event of termination; tariff and price adjustment clauses; unilateral change and economic hardship clauses; provisions for government support; transfer of assets at the end of the concession and dispute settlement clauses

Project Finance: Structure and Basic Techniques

• The concept of project finance
• Risk analysis and mitigation
• Legal structures
• Basic techniques

Project Finance: Arranging the Funding

• Sources of finance
• Providing credit support and security for loans
•  Financial documentation

Renegotiation of Agreements

• Most common reasons for renegotiation
• Alternatives to renegotiation
• Types of renegotiation
• Clauses in the concession agreement to facilitate renegotiation

Course Advisors

Carol Mates is an attorney specializing in business transactions/international development finance/project finance with three decades experience at International Finance Corporation (IFC), the private-sector financing arm of the World Bank Group, as well as prior experience at US law firms and the legal department of US-based multinational bank and, post-retirement from IFC, the United States Agency for International Development (USAID).