Model Concession Agreement Ports

Proven industrial practices: the operator is subject to its contractors, subcontractors, subcontractors, sub-concessions, sublessees and all other third-party agents of the operator, practices, methods, techniques and standards that are modified from time to time and which are generally accepted for use in international port construction, development, management, operation and maintenance, taking into account the conditions in the country. However, contrary to previous experience, the third edition of the MCA is developed by the ministry on the basis of ideas or proposals from “existing/potential investors/PPP dealers/individuals/stakeholders.” Productivity targets are generally designed in stages, taking into account the looming problems that a container terminal will face in the first few years of operation. As a general rule, two phases are defined for the purposes of the concession or lease agreement. Phase 1 forms the start-up phase, from the start of operations to a later date one to two years later. During this period, the new management and staff will have the opportunity to structure operations, develop trade policies and train different categories of personnel. Phase 2 is the time when the terminal must operate with the utmost efficiency, professional management and a well-trained workforce. The following types of productivity targets can be included in the performance rules of concession agreements. The specific content of a rental agreement depends heavily on site conditions and local factors. The lease usually contains detailed information about the responsibilities and commitments assigned to each party. When an existing area is leased or granted, the conditions must be clearly listed in order to give lenders certainty of the results in particular scenarios. Port service agreement: the agreement between the port authority and the operator for the provision of maritime services by the port authority regarding terminals operated by the operator in accordance with this agreement under agreed conditions. viii.

The refinancing provisions are intended to facilitate the availability of low-cost long-term funds for dealers to improve the financial viability of projects. Joint development agreement: the agreement dates [date] between sponsors and, among other things, the distribution of project responsibilities between sponsors in accordance with the schedule [number]. The costs of using the land granted are generally borne by the operator, including where the port authority has the right to dispose of the port land (see Box 53). As part of a concession, the long-term use and use of port land and property will be transferred to private parties through tenders.