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Policies and Guidelines >> Eligible
Sectors

The
sectors or sub sectors in which Private Infrastructure
Projects may be implemented are: telecommunication,
energy, power, port development (sea, river and
land), communications, airports and terminals, tourism
industry, water supply and sewerage, industrial
estates and parks, city and property development,
land reclamation, dredging of rivers, health and
educational facilities, waste management and urban,
municipal and rural infrastructure.
Policies and Guidelines >> Specific Support Provided

The development of private infrastructure requires
support from ministries other than the Line Ministry
for carrying out the project. Some specific supports
identified in the Guidelines are:
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Priority for land acquisition or other land matters in Private Infrastructure Projects; |
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Expeditious transfer of land from one ministry to another; |
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In property development projects, a Line Ministry or Executing Agency may convert its full ownership of land to a partial ownership of land and buildings, and cash;
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Priority and allocation of funds for public sector projects associated or linked to a private sector project. |
Policies and Guidelines >> Capacity Buiding

The Guidelines emphasizes on capacity building.
PICOM is required to prepare a comprehensive plan,
in consultation with the Line Ministries and Executing
Agencies, for developing the skills of Government
officials for Build-Operate-Transfer (BOT), Build-Own
Operate (BOO) etc. projects. PICOM reviews skill
gaps and identifies appropriate training courses
on private sector development.
Policies and Guidelines >> Technical Advisers for Private Infrastructure Projects

Consultants used for Private Infrastructure Projects
have to possess experience in private sector infrastructure
transactions. Local expertise needs to be promoted
and developed. If possible, Government utilizes
its own funds hiring high-level commercial, contractual
and negotiation consultants. Consultants or advisers
may be engaged through success fees mode in which
case the fees is recovered from the Investors.

Policies and Guidelines >> Commercial Aspects

The Executing Agency and/or the
Line Ministry, and the winning tenderer/the project
company enters into a contract for a project. The
contract lays out in detail, the rights and obligations
of the Executing Agency, the Government and the
Project Company. The allocation of risk between
the Government and the Project Company is based
upon the principle that the party best able to manage
a risk should bear that risk. In the first few flagship
projects in a particular sector, the Government
may need to assume more risks. Such risks to the
Government shall however reduce over time as a sector
matures with more private investment.
The Executing Agency carries out a feasibility study
with broad functional specifications on technical
matters but gives emphasis on commercial aspects,
assessing risks and regulatory frameworks very carefully.
An Investor has the responsibility for the assessment
of viability including commercial risks, detailed
feasibility and engineering parameters.
The term of a BOT Project can be up to 20 years
for infrastructure projects involving process plant
and machinery. For infrastructure projects dominated
by civil construction such as bridge, road, port,
water supply etc, the term could be up to 30 years.
The Government may seek a Royalty on a Project,
through a combination of fixed and variable components,
including escalation indices or adjustments.
Financing a Project is the sole responsibility of
the private Investor. The Government does not provide
any direct guarantee of the Investor's loans for
the repayment of its debts in the event of default
in its loan obligations. The termination liability
of the Government for all Large Infrastructure Projects
is monitored by PICOM. Bangladesh Bank or a suitable
organisation monitors the macro economic and foreign
exchange impact arising from Private Infrastructure
Projects.
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