AP4-1 Detailed comparison of Revisions (draft) of BAPPENAS and Recommendations of PPP Study Team Detailed comparison of Revisions (draft) of BAPPENAS and Recommendation of PPP Study Team Item Current PR No.67 Latest revision of BAPPENAS Recommendation of PPP Study Team Article 1 Article 1 Article 1 (following to be added) 1. (8)Government support is (8) Government support is a fiscal or • Contracting Agency is the Institution/State Owned General the support provided by the non-fiscal (Direct or In-direct) Enterprise/region Owned Enterprise Provision minister/head of contribution that given by the Ministry/Head of Department/ Regent • The Head of the Contracting Agency is the Agency/Head of Region to to Private Sector in form of Minister/Head of an Institution/Region/Board of Private Sector in frame of implementation of Cooperation Directors of a State Owned Enterprise/Region implementation of Agreement. * Owned Enterprise Cooperation Project based • Contracting Agency and/or the functionary of on Cooperation Agreement. (9) Government Guarantee is financial contracting agency shall be clearly separated with compensation and/or compensation in the partner of Executive Entity. other shape that given by Government/ Local Government to corporate body trough the risks share scheme in form of to fill Cooperation Agreement. * (10) State Ministry of National Development Planning /National Development Planning Agency, hereinafter mentioned as Planned Ministry, is the Ministry that has responsibility in part of National Planned Development. Article 2 (1) Minister/Head of Article 2 Agency/head of Region can cooperate with Private Sector (2) Minister/Head of Agency/Head of Region shall act as the responsible person. (3) Not exist (3) In case of related sector law that giving the authority to BUMN, BUMN can be conducted as responsible for the joint project. Detailed comparison of possible revisions to Presidential Regulation No.67 Item Current PR No.67 Latest Revision of BAPPENAS Recommendation of PPP study team Article 1 2-1 Article 1 As stated in Item (8) in Item 1. As stated in Item (8), (9) and (10) in 1) Government support is a form of Government Item 1. contribution by the government and /or Support and Article 16 Article 16 Regional government in the cooperation Risk project to reach Cooperation Projects Goals. Risk will be managed based on Same as current Management 2) Direct government Contribution is fiscal or allocation stated in non fiscal contribution given to business entity Cooperation Agreement between public body and 3) Government Guarantee is a financial private sector compensation and/or other form of compensation given by the Government. Article 17 Article 17 A (1)Government support will be 1.Ministry/ Head of Department/ 4) The contracting agency to conduct made by National Budget Head of Local Government can give assessment of risk identification, risk (APBN) & Regional government support to Joint Project allocation, risk mitigation and way for Budget(APBD) based on the Scope of Joint Project. overcoming the risk. (2)Risk control/management of 2.Government Support given by (1)’ll be executed by MOF or paying the attention to the financial 5) Allocation, mitigation and overcoming of risk Head of RFMW feasibility on National Budget and/ that have been identified by the contracting (3)Authority of MOF/RFMW agency shall be included in the draft of the or Regional Budget (APBN and a. to get data/information from Cooperation Agreement. APBD). parties concerned 3.Government support as b. to approve and /or disapprove 6)Government Obligation Covers: mentioned on article (1) in form of by MOF and RFMW a.Provisions of permits; land acquisition and permit or the c. to determine reimbursement of b.Acquisition land should be completed prior other shape that stipulated by to the public tender process; Ministry/ Head of Department/Head c.Provision of access facilities; of Region. d.Provision of basic infrastructure which shall 4.Besides the Government Support be the obligation of the government as the as mentioned on point (3), regulated in the laws and regulations; Government and/or Local e.Other form in accordance to the valid laws Government can give a and regulations. Government Guarantee to Joint Project. Detailed comparison of possible revisions of Presidential Regulation No.67 Item Current PR No.67 Latest Revision of BAPPENAS Recommendation of PPP Study Team Article 17 B 7)Government Support as Direct contribution 2-2 1.Government Guarantee given by consist of: Government paying the attention maintenance a.A part of investment cost borne by the Support and Risk principle and Financial Risk Control on Government/Regional Government; Management National Budget (APBN) and/or b.Subsidy in the Operation; regional Budget (APBD). c.Rights of income from other sources in 2.Controlling and maintenance risk on connection with the cooperation project; Government Guarantee as mentioned d.Other forms according to the valid laws and on point (1), conducted by the Ministry regulations. of Finance and/or Head of Region. 3.In conducting the job and function as 8)Government guarantee to the Cooperation Project that fulfills the viable economics and mentioned on point (2), Ministry of financial requirement. Finance and/or Head of Region, be •Government direct Contribution by the competent to: government to the Regional Cooperation Project. a.Stipulated the criteria on giving •Government /Regional Government Investment in Government Guarantee; Cooperation Project in the form of regional b.Collect data and information that Government owned enterprise stocks in the necessary from the party’s that related executing Company. with Joint Project that need Government Guarantee; c.Agreed or refuse suggestion given of Government Guarantee to Corporate Body in form of Infrastructure. 4.The detail determination about given and shape of Government Guarantee to Joint Project on central or local Government arranged by the regulation of Ministry of Finance. Detailed comparison of possible revisions to Presidential Regulation No.67 Item Current PR No.67 Latest Revision of Recommendation of PPP Study Team BAPPENAS Article 24 Article 24 9) Financial closure shall be made within 12 3. months after Cooperation Agreement was Financial 1.Within maximum 12 1. No more than 12 (twelve) signed between Contracting Agency and Closure months after sign of months after the Business Private Sector. Financial Closure mean the Cooperation Agreement, Entity signs the Cooperation Agreement, the Business time when the loan agreement to financing the Private sector should Entity must have already whole project has been signed between have obtained finance. obtained the financing for the Executing Entity as borrower and Financial 2.In case of (1) is not Cooperation Project. Syndication/Institutions as lender. fulfilled in time, CA will 2. Funding achievement as be terminated with mentioned on point (1) 10) Not with standing above, in case of liquidation of bond mentioned already carried out environmental impact assessment can not be if its: completed in specified time limit, i.e.,12 a. Loan Agreement for financially months, then financial closure can be extended the whole Joint Project has until lender satisfy it. been signed; and b. Part of Loan that mentioned on 11) In the Case Article 24 can not be fulfilled in alphabet a can be cash out to time the cooperation Agreement shall be start the construction job.* deemed terminated and the guarantee for the 3. In form of regulation as execution shall be liquidated by the contracting mentioned on point (1) can not agency. be filled by Corporate Body, Cooperation agreement was end and implementation guarantee can be cash out by the Ministry/ head of Department/Head of Region.* Detailed comparison of possible revisions to Presidential Regulation No.67 Item Current PR No.67 Latest Revision of Recommendation of PPP Study Team BAPPENAS Article 23 Article 23 4-1 12) The change of share ownership before (1) CA (CooperationAgreement) CA (Cooperation Agreement Transfer of the project commercially operate can be at least contain regarding: comprise of: Share made after the permit from Minister and g. prohibition to transfer the g. The change of ownership before the project responsible Agency/Head of Region. CA or transfer share to the commercially operate Business Entity holding the can be carried out 13) provided that such permit shall not be CA subject to the permit withheld unreasonably, and provided that before the provision of from the Minister/head proposed transfer of share owner shall not of Agency/Head of Infrastructure commences Region. jeopardize the obligation of Executing commercial operation 4-2 Article 23 Article 17A Land acquisition (2) In case Infrastructure 14) Rights of Way which means the land and Ownership provision include land (3) Government support as of Asset acquisition mentioned on Article necessary to carry out the infrastructure 17A (1) in form of land project under Perpres No. 67 shall be by private, an amount of acquisition and permit acquired and delivered by contracting performance bond will be or the other shape that agency / Ministry / Government in whole considered stipulated by Minister/Head of and on time as stipulated in description of (3) CA shall specify procured Agency/Head of the Project. asset ownership Region. during concession 15) Rights of Way shall be acquired project completely before tender call for PPP project. Article 25 16) Perpres 36,65 & Regulation No.3 of Stipulation of handing over asset President of National Land Authority shall be correlated to Perpres 67. Detailed comparison of possible revisions to Presidential Regulation No.67 Item Current PR No.67 Latest Revision of Recommendation of PPP Study Team BAPPENAS Article 9 5. Article 9 (1) Same as current clause 17) PPP Book which contain the candidate for PPP Identification (1) Based on Project of Ministry/Agency/Contracting and Priority project Agency with the Priority specified by Project under BAPPENAS.