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Rock Creek Analytics, LLC Contingent Liability in PPP Projects Nikhil Bhandari February 9, 2018

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Page 1: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Contingent Liability in PPP Projects

Nikhil Bhandari

February 9, 2018

Page 2: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Agenda• Introduction

• Measure and Pricing

• Catastrophe Insurance

• Other Considerations

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Page 3: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Introduction

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Page 4: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Contingent Liability• A contingent liability is a potential liability that may occur, depending

on the outcome of an uncertain future event.

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Page 5: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Implicit vs Explicit Liabilities• Implicit: political or moral obligations

that arise from expectations that government would intervene in the event of a crisis or a disaster

• Examples:− Bailouts

− Natural disaster relief

− Environmental cleanup

− Assumption of debt

− Nationalization

• Explicit: Obligations based on contracts, laws, or clear policy commitments.

• Examples:− Revenue guarantees

− Loan guarantees

− Export guarantees

− Other financial guarantees (exchange rates, etc.)

− Government insurance

− Natural disaster spending

− Legal claims against government

− Indemnities

− Etc.

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Page 6: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Measuring and Pricing

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Page 7: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Measuring Contingent Liability

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Implicit Contingent Liabilities Explicit Contingent Liabilities

Both magnitude and timing not known

Magnitude can be estimated while the

timing not known

In either case, governments rarely undertake a comprehensive analysis of these liabilities

We will focus on explicit contingent

liabilities in the rest of the discussion.

Page 8: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

One Methodology• Estimate the expected value of the loss each year

• Price the liability at [4-5] times the expected loss

• Appropriate multiplier is more of “art” than “science” and will depend on a variety of factors such as the nature of the liability, the likelihood of occurrence, etc.

• Looks straight-forward

• But in practice not that simple

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Page 9: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Measuring and Pricing Example• Toll highway concession

• Government gives a minimum revenue guarantee of $10 million per year (i.e., if the toll highway does not generate $10 million in revenues in any year, the government will pay the difference between the actual revenue and $10 million)

• In any year, the probability of payouts are as shown in the table

• Expected payout: $0.40 M

• Price the cost of minimum revenue guarantee in the $1.6 - $2.0 M per year

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Actual Revenue Government Payout Probability

$0 M $10 M 0.05%

$1 M $9 M 0.15%

$2 M $8 M 0.50%

$3 M $7 M 1.00%

$4 M $6 M 1.10%

$5 M $5 M 1.20%

$6 M $4 M 1.30%

$7 M $3 M 1.40%

$8 M $2 M 1.50%

$9 M $1 M 1.80%

$10 M or more $0 90%

Expected value of payout $0.40 M

Page 10: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Actual Revenue Government Payout Probability

$0 M $10 M 0.05%

$1 M $9 M 0.15%

$2 M $8 M 0.50%

$3 M $7 M 1.00%

$4 M $6 M 1.10%

$5 M $5 M 1.20%

$6 M $4 M 1.30%

$7 M $3 M 1.40%

$8 M $2 M 1.50%

$9 M $1 M 1.80%

$10 M or more $0 90%

Expected value of payout $0.40 M

Measuring: Event Probabilities

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• Tail probabilities• Probabilities at the end of the curve• Typically low probability but high impact events

• Lot of literature suggests that humans have a hard time assigning appropriate values to such events• We typically underestimate these probabilities

• Who should do this estimate:− Concessionaire – they have an incentive to

under-estimate the “tail” probabilities − Government – they have an incentive to over-

estimate the “tail” probabilities− 3rd parties – depends on who pays them− Multilaterals or specialized non-profits

Estimating the probability is critical to overall pricing calculation

Page 11: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

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Impacts of Market Pricing

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Actual Revenue Government Payout Probability

$0 M $10 M 0.05%

$1 M $9 M 0.15%

$2 M $8 M 0.50%

$3 M $7 M 1.00%

$4 M $6 M 1.10%

$5 M $5 M 1.20%

$6 M $4 M 1.30%

$7 M $3 M 1.40%

$8 M $2 M 1.50%

$9 M $1 M 1.80%

$10 M or more $0 90%

Expected value of payout $0.40 M

• An appropriate price for the minimum revenue guarantee:

− Forces the concessionaire to re-evaluate the need for minimum revenue guarantee

− Forces the concessionaire to be realistic in their projections

• At times, it also makes the project financially unfeasible which may force the government to re-evaluate the terms of the concession

Page 12: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Pricing: Changing Limits

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Actual Revenue Government Payout Probability

$0 M $5 M 0.05%

$1 M $4 M 0.15%

$2 M $3 M 0.50%

$3 M $2 M 1.00%

$4 M $1 M 1.10%

$5 M or more $0 97.20%

Expected value of payout $0.05 M

• Reduce minimum guarantee requirement to $5M

− Price range would be $0.20 – 0.25 M.

• Increasing the guarantee limits have a large impact on the price

Page 13: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Catastrophe Insurance

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Page 14: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Catastrophe Insurance• Catastrophe (Cat) bonds have become

quite common to address natural catastrophes

• Country governments along with World Bank (IBRD) and insurance companies are major issuers of cat bonds

• Common events covered: earthquakes, hurricanes, natural disasters, etc.

• How does it work?− Government or private entity issues the

bonds

− They pay a “coupon” payment (i.e., interest) while the bond is outstanding

− If the pre-specified event occurs, then the bond holders lose their principal

− If the event does not occur, then bond holders get paid their principal + interest

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Page 15: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Examples of Catastrophe Insurance

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Issuer CedentRisks / Perils covered

Size Date

IBRD CAR 120 Republic of Peru Peru earthquake $200m Feb 2018

IBRD CAR 118-119FONDEN / AGROASEMEX S.A.

Mexico earthquake $260-290m Feb 2018

IBRD CAR 117Republic of Colombia

Colombia earthquake

$375-400m Feb 2018

IBRD CAR 116 Republic of Chile Chile earthquake $460-500m Feb 2018

Page 16: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Cat Bonds for PPP Projects• Can the cat bond approach work for

PPP projects?

• Sure− If the event can be specified in a clear

way (ideally, with a yes/no response)• “The annual revenue of the toll road is

less than [xx] million”

• Not clear− Typical PPP project’s annual liability on a

specific item may be small to compared to fees to issue the bond

• Governments can use the cat bond approach to buy insurance against the contingent liability

• May need to merge projects to create a large enough bond issue to justify bankers/lawyers fees

• Merging projects can also help distribute risks across multiple projects (though the risks may be amplified if all projects are affected by similar factors)

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Page 17: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Other Considerations

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Page 18: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Disclosing PPP liabilities• Accounting issues

‒ Different accounting systems treat contingent liability differently

• Legal issues ‒ Some countries have a legal requirement to disclose fiscal risks

• Nature, scope and amount of contingent liability ‒ These can be difficult to explain in a clear manner

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Page 19: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Sources of Further Study• World Bank and IMF have a lot of material on their web sites

• Some countries (Chile, Australia, UK, South Africa, etc.) have very practical information on what they are doing

‒ Government of India has a handbook for estimating contingent liability for PPP projects in the highway sector

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Page 20: Contingent Liability in PPP Projects - Rock Creek Analytics...AGROASEMEX S.A. Mexico earthquake $260-290m Feb 2018 IBRD CAR 117 Republic of Colombia Colombia earthquake $375-400m Feb

Rock Creek Analytics, LLC

Thank YouFor additional information, please contact

• Nikhil Bhandari

[email protected]

• www.RockCreekAnalytics.com

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