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Audit of Public Private Partnership Arrangements

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Audit of Public Private Partnership Arrangements th The 11 ASOSAI Research Project Audit of Public Private Partnership Arrangements 2017 Acknowledgement “Audit of Public-Private Partnership Arrangements” was selected as the topic for 11th ASOSAI Research Project in 49th Governing Board Meeting, held in Kuala Lumpur, Malaysia, in February, 2015. The Research Projectwas launched on 14th July, 2016, by the ASOSAI Secretariat. Research team for this project comprises nine SAIs – namely, the SAIs of China, India, Indonesia, Iraq, Kuwait, Malaysia, Pakistan, Philippines and Vietnam.SAI Pakistan led the research project as the Chair of the research team. The research team would like to express its gratitude for the support and cooperation of ASOSAI Secretariat extended to us in planning and execution of the 11th ASOSAI Joint Research Project. The team also expresses its sincere appreciation to all the public institutions and corporate sector interviewees who have been forthcoming in providing information for this research work. The team would also like to express profound gratitude to the heads of participating SAIs who provided valuable assistance in this research project. th The team members of the 11 ASOSAI Research Project are as follows: SR. Country Research Team NO. 1. China Ms. QI Yanxia 2. India Ms. Parama Sen 3. Indonesia Mr. Sarjono Senior 4. Iraq Mr. Qasim N. Mutar Dr. Nidhal Sh. D. Al-Baidhani Mrs. Siham K. Abbas 5. Kuwait Mrs. Laila Abdulrahim Al Awadhi Mr. Abdulrahman Salah Al Matooq Mrs. Shaima Mubarak Al Suliby 6. Malaysia Mr. Sayed Alwee Hussnie bin Sayed Hussin 7. Pakistan Mr. Syed Sajjad Hyder Mr. Muhammad Amir Usman 8. Philippines Mr. Manolo C. Sy Mr. Luz Tolentino Mr. Melanie Añonuevo 9. Vietnam Mr.Luu Truong Khang Mr. Le Viet Minh Ms. Tran Hoai Giang Ms. Trieu Thi Thu i List of Acronyms AG Auditor General AGP Auditor General of Pakistan BAKN Badan Akuntabilitas Keuangan Negara (PAC of Indonesia) BLT Build-Lease-Transfer BOLT Build-Operate-Lease-Transfer BOO Build-Own-Operate BOOST Build-Own-Operate-Share-Transfer BOOT Build-Own-Operate-Transfer BOT Build-Operate-Transfer BT Build-Transfer BTO Build-Transfer-Operate CAG Comptroller and Auditor General of India CNAO National Audit Office of the People’s Republic of China COA Commission on Audit of Philippines COPU Committee on Public Undertakings DAC Departmental Accounts Committee DBFO Design-Build-Finance-Operate DBFOM Design-Build-Finance-Operate-Maintain DBFOT Design-Build-Finance-Operate-Transfer DBO Design-Build-Operate DCMF Design-Construct-Manage-Finance FAO Field Audit Office FBSA Federal Board of Supreme Audit of Iraq IA Implementing Agency ISSAI International Standards for Supreme Audit Institutions LDOT Lease-Develop-Operate-Transfer LGU Local Government Unit MOF Ministry of Finance NA National Assembly NDRC National Development and Reform Commission O&M Operations and Maintenance PAC Public Accounts Committee PFI Private Finance Initiative PPP Public Private Partnership ROT Rehabilitate-Operate-Transfer SAI Supreme Audit Institution SAV State Audit office of Vietnam SPV Special Purpose Vehicle TOT Transfer-Operate-Transfer ii Contents Acknowledgement ...................................................................................................................... i List of Acronyms ......................................................................................................................... ii 1 Introduction ....................................................................................................................... 1 1.1 Background ........................................................................................................... 1 1.2 Statement of the Problem .................................................................................... 1 1.3 Significance and Scope of Study ........................................................................... 2 1.4 Project Objectives ................................................................................................. 3 1.5 Research Methodology ......................................................................................... 5 1.6 Key Findings .......................................................................................................... 5 2 Statutory Framework to Regulate PPP Arrangements ...................................................... 7 2.1 Need of Comprehensive Legislative and Statutory Frameworks ......................... 7 2.2 Existing Situation in Research Team Member Countries ..................................... 7 3 Types of PPP Arrangements and Sectoral Foci ................................................................ 11 3.1 Definition and Characteristics of PPP ................................................................. 11 3.2 Types of PPP ........................................................................................................ 11 3.3 Types of PPPs and Sectors Involved in Participating Member States ................ 16 3.4 Considerations for preferring particular types of PPP arrangement .................. 17 4 General Risk Situations in PPP Arrangements ................................................................. 19 4.1 Background ......................................................................................................... 19 4.2 Stage-wise Risks in PPP Arrangements ............................................................... 21 4.3 Risks Associated with PPP Stages ....................................................................... 21 5 Existing Mandates of SAIs to Audit PPP Arrangements ................................................... 27 5.1 Statutory Mandates of SAIs with Respect to PPP Audits .................................... 27 5.2 Mandate of Parliamentary Committees as regards PPP Audit Reports ............. 33 6 PPP Audit Experience of Research Team Member SAIs .................................................. 37 6.1 SAI China ............................................................................................................. 37 6.2 SAI India .............................................................................................................. 38 6.3 SAI Indonesia ....................................................................................................... 39 6.4 SAI Iraq ................................................................................................................ 39 6.5 SAI Kuwait ........................................................................................................... 40 6.6 SAI Malaysia ........................................................................................................ 40 6.7 SAI Pakistan .................................................................................................. 41 i 6.8 SAI Philippines ..................................................................................................... 41 6.9 SAI Vietnam ......................................................................................................... 42 7 Views of PPP Project Management Regarding Public Audits .......................................... 43 7.1 Causes of Reluctance of Private Partner towards Public Audit .......................... 43 8 Challenges in PPP Auditing .............................................................................................. 45 8.1 Paradigm Shift in Auditing .................................................................................. 45 8.2 Legal Issues ......................................................................................................... 46 8.3 Capacity Issues .................................................................................................... 47 8.4 Interaction with the Audit Entity ........................................................................ 48 9 Findings and Recommendations ...................................................................................... 49 9.1 Findings ............................................................................................................... 49 9.2 Key Question and Goals ...................................................................................... 50 9.3 Recommendations .............................................................................................. 51 Appendix .................................................................................................................................. 55 1. CHINA ............................................................................................................................... 56 2. INDIA ................................................................................................................................ 88 3. IRAQ .............................................................................................................................. 105 4. KUWAIT .......................................................................................................................... 116 5. MALAYSIA ...................................................................................................................... 156 6. PAKISTAN ....................................................................................................................... 187 7. PHILIPPINES .................................................................................................................... 223 8. INDONESIA ....................................................................................................................
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