Port Reform, Privatization, and Regulation

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Port Reform, Privatization, and Regulation Paul E. Kent, Ph.D., Vice President Infrastructure Planning and Economics Nathan Associates Inc. PKent@nathaninc.com December 17, 2008

Primer on Port Terminology Panamax vessel the maximum size vessel that can transit the Panama Canal; capacity = about 4,300 TEUs Post-Panamax vessel vessels larger than those that can transit the Panama Canal the third generation post-panamax vessel is about 12,500-TEU capacity TEUs 20-foot equivalent unit denoting marine container size, port or terminal capacity, or vessel capacity Terminal the area inside a port normally consisting of a berth (for handling the vessel), backup area (for storing the cargo, also referred to as storage area, and a gate (for entering and exiting the terminal) Ship-to-shore gantry or mobile harbor cranes equipment used for handling movements between the berth and the vessel Yard cranes equipment used for placing or removing containers in or from the storage area Ships gear vessel cranes used to move cargoes to/from the vessel 2

What are the logistics nodes of a port? Storage yard Gate Gantry cranes Berth 3

Why port performance is important Clark, Dollar, Micco (2001) port inefficiency increases distance by 60% Hummels (2001) inventory costs due to transport delays are equivalent to 0.8 %/day of delay of the value of the goods being delivered Wilson, Mann, Otsuki (2003) port efficiency more important than Customs and e-business Kent, Fox (2004) assess impact of port inefficiency on welfare port inefficiency, when mitigated, induces GDP growth by 0.47 percent Djankov, Freund, and Pham (2006) -- each additional day required for a shipment imposes extra economic distance of 70 km per day 4

What are the emerging trends that affect logistics performance? Port operations performance being constrained by factors outside port gate Inter-port competition has evolved to inter-corridor competition Direct calls becoming more competitive with minimum handling volume of 500 moves/call Fuel prices negating labor cost advantages aka the China factor Larger vessels being introduced by carriers in response to Panama Canal Expansion Introduction of regional security protocols Port expansion being constrained by urban development Countries generally are not mindful of the potential for monopolistic or oligopolistic abuses by terminal operators 5

Panama Canal Expansion Program Existing Locks Post-Expansion Locks 6

How are fuel costs affecting competitiveness? $16,000 $250 $14,000 $12,000 $180 $200 $200 $10,000 $150 $150 Y1 $8,000 $132 Y2 $6,000 $100 $4,000 $56 $50 $2,000 $30 $0 2000 2005 2008 $0 China-US Total Cost (Y1) Mexico-US Total Cost (Y1) Average U.S. Benchmark Oil Price (Y2) Source: U.S. Crude Benchmark Prices, U.S. Department of Energy; Shipping Costs estimated averages from sample data from shipper manifests/carriers and phone quotes from freightforwarders; projected costs calculated by Nathan Associates Inc. 7

Logistics costs and fuel prices Soaring transport costs, not tariff barriers, pose the greatest challenge to trade today Using GTAP model, early results indicate: At $20/barrel, transport costs equivalent to 3% tariff rate At $80/barrel, transport costs equivalent to tariff rate of 9% At $150/barrel, transport costs equivalent to tariff rate of 11% (same as tariff rates in 1970) Long-distance routes especially vulnerable Every 10% increase in distance = 4.5% increase in total transport cost 8

What are the solutions to counter fuel cost disadvantages? Squeeze more efficiencies out of the logistics chain Establish regional distribution centers Build intelligent logistics thinking into the transport system 9

Port Administration Models Virtually all ports are governed by port authorities Two port administration models Operating Port (also called public service port) port authority provides assets and conducts cargo and vessel handling Landlord Port port authority provides assets and engages private sector participation in the form of leases, concessions, operating agreements, or management contracts Vast majority of maritime countries worldwide have adopted landlord model 10

Port Functions in a Landlord/Post- Privatization Environment - national port development planning - master planning - maintenance management - construction supervision Planning/ Engineering Functions Operational - aids to navigation - pilotage - tug assist - safety and security - operations planning - property management - operational regulation - economic regulation/tariff setting - competition regulation Regulatory Administration - accounting/finance - legal/risk management - contracts/leases - concession supervision - personnel - marketing/promotion/customer service Copyright 2007, Paul Kent and Nathan Associates Inc. 11

Port Privatization Port privatization refers to who provides the service, and not necessarily who owns the asset Port privatization can occur via: Concessions (usually implying long-term agreements and substantial private sector investment Leases and Operating Agreements (normally shorter term, with no substantial investment requirements) Management contracts (private sector is paid to provide the service) Licensing (licenses awarded to provide stevedoring services) 12

Where privatized services (in red letters) are provided in the port logistics chain 12 areas of activity occurring 1. Pilotage 2. Line handling 3. On-board inspections 4. Gangs (workers) mobilized for vessel handling 5. Seal inspected 6. Container moved from berth to storage or for evacuation or Customs processing 7. Container is stored 8. Container is placed on chassis 9. Truck/container is scanned 10. Truck/container is weighed 11. Gate processing 12. Truck leaves terminal 3 4 1 2 5 6 7 8 9 10 11 12 HARBOR BERTH APRON Copyright 2007, Paul Kent and Nathan Associates Inc. CONTAINER YARD 13 GATE

Privatization and Inducing Competition Source: Kent, Paul E. and Richard Blankfeld, Port Reform Toolkit, World Bank/Nathan Associates Inc., 2001. 14

Structural Strategies Introduce competitive pressures Competition reduces the level of regulation needed Balance sought between efficiency gains from economies of scope cost reductions from competitive pressures 15

Structural Remedies Introduce new berths/terminals: requires suitable site for expansion and sufficient volumes Divide existing port into competing terminals (terminalization): via dedicated terminals or overlapping activity Divide port operations within the terminal by Privatizing the vessel stevedoring operation and port authority operates the yard area assignment of yard areas to stevedoring companies allowing stevedoring companies to provide both vessel stevedoring and yard/storage services without any assigned areas Short-term operating agreement/lease/management contract 16

Overlapping Competition Concept A B C D 100,000 200,000 200,000 Breakbulk TEUs TEUs TEUs E 350,000 TEUs = gantry crane = mobile crane Copyright 2007, Paul Kent and Nathan Associates Inc. Different levels of service Not all ships require same level of service 17

Structural Remedies: Additional Principals Avoid participation of carriers in terminal operations: risk of conflict of interest preferential berthage to their own ships discounts in berth handling charges to their own ships access to proprietary data of competitors 18

Regulatory Strategies Tariff filing to monitor for and discourage anti-competitive behavior Setting of tariffs to prevent monopolistic behavior Encourage communication between port planners and regulators to determine if structural remedies are available 19

Decision Framework for Selecting Remedies 20 Source: Kent, Paul E. and Richard Blankfeld, Port Reform Toolkit, World Bank/Nathan Associates Inc., 2001.

Shift in Transaction Flows Post- Privatization Pre-privatization Post-privatization Tug assist Line handling Channel and navigation fees Pilotage Tug assist Carrier Terminal handling charge Channel and navigation fees Carrier Terminal handling charge Line handling Pilotage Dockage Vessel stevedoring Crane service Port Authority Empty handling/storage Cargo wharfage Yard storage Shipper Stuffing-Destuffing Warehousing Port Authority/ Government Concession/Lease Dockage Vessel stevedoring Terminal Operator Crane service Stuffing-destuffing Yard handling/storage Empty handling/ storage Warehousing Dockage Shipper Lease Other Operators Copyright 2007, Paul Kent and Nathan Associates Inc. 21

The Need for Competition Regulation In vast majority of cases, it is possible to induce competition Existence of competition suggests a light-touch regulatory approach monitoring performance as opposed to setting tariffs 22

How do we regulate ports? Transport options : availability of other port-of-call options serving the same hinterlands Operational performance : ships waiting time, berth occupancy/utilization rates Tariff comparisons with historical rates, with rates at other ports in the same country and with theoretical rates based on model port costs Financial performance : financial profit should not be abnormally high. Return on equity and return on assets should be related to investment 23

Assessing extent of competition ANAL YTICAL MO DULES Hinterland Analysis Tariff Analysis Port Cost Analysis Financial Analysis IN PUT S FO R TH E MODEL Hinterland Transport Charges Port Tariffs Indicators of Port Congestion Model Port Costs Port Financial Performance E VALUATION C RIT ER IA Transport Alternatives Berth Performance Port Costs/Tariffs Profitability Multiple Options Acceptable Performance Reasonable Costs Acceptable Levels RESUL TS Only One Option Congested Port Very High or Low Costs Negative Finan. Eval. Source: Kent, Paul E. and Richard Blankfeld, Port Reform Toolkit, World Bank/Nathan Associates Inc., 2001 and Kent, Paul E., Worldwide Port Privatization Experiences and the Development and Application of a Model to Monitor for Anticompetitive Behavior in Highly Concentrated Markets, Doctoral Dissertation, Central Scientific Institute for Water Transport Economics and Operations, 24 Moscow, Russia, 1999.

Relative importance of monitoring criteria Score Weight Transportation Options 60% weekly sailings transport costs (land, port) Operational Performance 10% berth utilization ship s waiting Tariff Comparison 20% port s historic rates port cost differential theoretical rates Financial Performance 10% return on equity return on assets Source: Kent, Paul E. and Richard Blankfeld, Port Reform Toolkit, World Bank/Nathan Associates Inc., 2001 and Kent, Paul E., Worldwide Port Privatization Experiences and the Development and Application of a Model to Monitor for Anticompetitive Behavior in Highly Concentrated Markets, Doctoral Dissertation, Central Scientific Institute for Water Transport Economics and Operations, Moscow, Russia, 1999. 25

Imposing performance criteria in concession contracts Port Time ( PT = t8 - t1 ) S H Gross Berth Time ( GBT = t7 - t4 ) I P Net Berth Time ( NBT = t6 - t5 ) T I M Ship Delay E t1 ETA t2 t3 t4 t5 t6 Last t7 ETD t8 --Buoy In --Anchor In --Anchor Out -- 1st Line --Gang On-Board Gang Off-Board-- Line-- Buoy Out-- First Box Last Box Handled Handled t10 t11 t12 t13 G Delays & A Indirect Activities N Early G Late Start Loading/Unloading Loading/Unloading Finish T I Shift Start Shift End M E Net/Net Gang Time (NNGT) Net Gang Time ( NGT = t12 - t11 ) Gross Gang Time (GGT = t13 - t10) Crane Productivity Ship Productivity Truck Turn Time Berth Throughput Productivity t14 t15 t16 --Truck Arrival --Truck In Truck Out -- Truck Delay Truck Turn Time (TTT=t16-t15) (TWT = t15-t14) Truck Time (TT=t16-t14) Truck Delay Gate Copyright 2008, Paul Kent and Nathan Associates Inc. 26

How can USAID support efforts to improve port and logistics performance? Assist countries establish regulatory mechanisms to assure competitive behavior among port operators Assure that the ability to induce competition is adequately considered in the design of concession programs (Continue to) Promote development of corridor options Conduct diagnostics of logistics chains to assist countries and donors prioritize interventions and investments Train country planners and economists to conduct port and logistics analysis to establish benchmarks and monitor performance on periodic basis 27

Port Reform, Privatization, and Regulation Paul E. Kent, Ph.D., Vice President Infrastructure Planning and Economics Nathan Associates Inc. PKent@nathaninc.com December 17, 2008