4. CHILE

NO

ASPECTS

DESCRIPTION

1.

Legal and Regulatory Framework

- Public Works Concessions Law (Supreme Decree Mop N°900, 1996)

- Procedures and Regulation of Public Works Concessions (Supreme Decree Mop No 956, 1997)

- Law No 20.410 (Modifications to the Concession Law, 2010)

- Decree Mop 215, 2010 Modifications of Procedures and Regulations under Decree No 956)

2.

Involved Government Agencies

Ministry of Public Works (Mop)

Ministry of Finance

Ministry for Social Development (Exmideplan)

Other sectoral ministries directed involved in a specific concession process

3.

Supporting Agencies

-

4.

Available Sectors

- Highways

- Public Parks

- Airports

- Bridges

- Water Waste Management

- Prisons

- Public Buildings

- Irrigation Infrastructure

- Hospitals

- Ports

- Transport Intermodal Stations

- Railways

- Civic Centers

5.

Eligible Tender Participants / Project Initiator

- Chilean legal firm

- Foreign legal entity (which is required to establish a chilean legal entity once appointed a winner).

6.

Types of Project

Public initiative projects

Private initiative projects (individual or legal entities national or foreigner)

7.

PPP Project Stages and Implementation

Private initiatives:

A) Presentation of a project (kind of project, estimated demand, expropiations, works needed, services provided, investment required, financial analysis, initiative-related risks, payments to the state or subsidies required, general environmental analysis, schedule)

B) Mop reception

C) Declaration of public interest

D) Additional studies

E) Acceptance of the project to go bid stage.the private initiative presented receives a bonus from 3 to 8 % in bid evaluation

F) Bidder pre-evaluation process

G) Call for a bid

H) Opening an d evaluation of the bid (technical and economic)

I) Award decree and contract

J) Registration and protocolization

K) Expropiations

L) Construction and payments

M) Exploitation

Public initiative project:

A) Bidder pre-evaluation process

B) Call for a bid

C) Opening and evaluation of the bid (technical and economic)

D) Award decree and contract

E) Registration and protocolization

F) Expropiations

G) Construction and payments

H) Exploitation

9.

Government Support

A) Guaranteed mínimum income and income-sharing

B) Coverage against exchange-rate risk (us$, euro)

C) Income distribution mechanism that provides concessiones firms with a stable income horizon in exchange for carrying out additional work on behalf of the state

D) Present value of income mechanism that uses a flexible concession period to guarantee a known level of income

E) Special public works collateral to allow use of the rights granted by the state in raising finance

F) Infrastructure bonds to facilitate the participation of private agents in long-term financing

G) Reimbursement of part of the cost of the studies presented as private initiative

H) Land acquisition

10.

Government Guarantee

A) Guaranteed mínimum income and income-sharing

B) Coverage against exchange-rate risk (us$, euro)

C) Income distribution mechanism that provides concessiones firms with a stable income horizon in exchange for carrying out additional work on behalf of the state

D) Present value of income mechanism that uses a flexible concession period to guarantee a known level of income

E) Special public works collateral to allow use of the rights granted by the state in raising finance f) infrastructure bonds to facilitate the participation of private agents in long-term financing

11.

Land Acquisition

A) Purchase and expropiation of land can be undertaken by the minister of public works before procurement documents are submitted

B) The concession holder may acquire for the government the land necessary to carry out the works in accordance with the plans established in the approved projects

C) Procedures for purchasing the property normally are in the bidding conditions - see mop supreme decree no 900, 1996

12.

Foreign ownership shares

- Not limitation and not discrimination of foreign capital

- See foreing investment statute or decree law no 600 from 1974 and its modifications

13.

Project lists

Highway projects (us$ million)

Route g21, access to ski centers in the metropolitican region

81

Américo vespucio east highway

2,000

Costanera central highway

1.970

Santiago lampa highway

184

Highway connection between routes 68 and 78

51

Nahuelbuta highway

247

Industrial bridge over bio bio river

209

San fernando - santa cruz road

147


Airports

718

Retendering of amb airport

14


697


[HIDDEN TEXT]

Retendering of el tepual airport, puerto montt

Public buildings and others

1,904

11 hospitals

53

[HIDDEN TEXT]

Los libertadores pass public infrastructure project

158

Urban development of the marga marga estuary

544

Punilla reservoir

[HIDDEN TEXT]

Subtotal

[HIDDEN TEXT]

13.

Project lists

Highway projects (us$ million)

Route g21, access to ski centers in the metropolitican region

81

Américo vespucio east highway

2,000

Costanera central highway

1.970

Santiago lampa highway

184

Highway connection between routes 68 and 78

51

Nahuelbuta highway

247

Industrial bridge over bio bio river

209

San fernando - santa cruz road

147

Airports

Retendering of amb airport

718


697


[HIDDEN TEXT]

Retendering of el tepual airport, puerto montt

14

Public buildings and others

1,904

11 hospitals

53

[HIDDEN TEXT]

Los libertadores pass public infrastructure project

158

Urban development of the marga marga estuary

544

Punilla reservoir

[HIDDEN TEXT]

Subtotal

[HIDDEN TEXT]