Provisional measure of concessions will be published soon

Should the oven in the coming days the provisional measure (MP) that you want to move the process of infrastructure concessions. The Government of Michel Temer launched the program grow up in September, with an ambitious relationship of concessions, including four airports, three railways, two roads and two ports in logistics; three basic sanitation State companies; In addition to three hydropower plants, distributors and oil and gas fields in energy. But nothing came out of the paper, with the exception of the recent successful bids of transmission lines.

The concessions made in the Government of Dilma Rousseff in the logistics area left sequels that hinder the advancement of the new program and the completion of the MP, which is in its 25th release. Everything indicates that the MP will try to solve those skeletons to pave the way to future investments. One of the biggest problems is in the area of airports. The auction made by Rousseff came out victorious who offered the greatest value of grants. There was lance up to 673% above the minimum required, value now considered infeasible.

The operators of the airports are struggling to keep up their commitments, claiming that the traffic expected if not confirmed as a result of the economic crisis and who were obliged to take World Cup works that belonged to Infraero, who owns 49%. In addition, some of them are with cash problems due to involvement in investigations of car wash Operation. Together, they must R$ 2.4 billion for Union with the payment of grants.

There are also problems on the roads whose dealers undertook with improvements, that are not being compensated for the recipe of tolls on the low level of activity. In the case of ports, the problem is older. There is pressure for the extension of contracts, which would give survival agreements closed before the law of ports, 1993. But this proposal should not be incorporated, it was the value, because the Investment program in logistics (PIL) provided for the lease of these areas after a bonding in larger spaces.

So many scare backlog especially foreign investors, with which the Government account to foot the concessions, the average Brazilian companies, given the commitment of the major contractors in the car wash. Foreigners are especially concerned about judicialization of concessions and the delay of Justice solutions, as the Government felt the presentations made overseas.

The MP provision should be made for recourse to arbitration to resolve controversial issues, with the participation of representatives of the Government, the private sector and independent observers. It is believed that this is a specially designed output for concessions at airports, but will also facilitate the negotiation of disputes in other cases. The fear is that take the concessionaires to conclude that, with some pressure, the Government loosen the rules.

The arbitration will also be used to make the relicitação, considered an alternative to bring forth concessions balked for lack of Administrator resources. The prediction of relicitação in MP will give guarantee to the process, already envisaged in other standards. The transfer of command should be negotiated through the arbitration, that will define the amount of the award to the original dealer when there is disagreement. Other points of the MP predict the extension of highways for the inclusion of works not provided and no funds provided for; and renewal of contracts of railways with the adoption of new policies, to allow the passage of trains from other companies via.

The expectation is that the MP Government break the resistance of foreign investors, who have been participating less infrastructure concessions in recent years. Survey of the Brazilian Society of Transnational Firms and studies of economic globalization shows the foreigners entered with 45.5% of the total R$ 156.9 billion announced for 2010 to 2013 infrastructure. Between 2014 and 2016, the first half of its share fell to 29.1% and 50.7 billion R$.

In the case of foreigners, there is still the issue of currency risk, represented by the mismatching of the recipe in real and foreign currency capital invested; and, in General, prevails the doubt regarding the sources of funding, given the fiscal constraints that have reduced the role of the BNDES.

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