User Manual— Legal and Institutional Aspects of Port Regulatory Systems

The project is sponsored by the United States Agency for International Development (USAID) and implemented by Nathan Associates Inc. under contract number AID-521-C-16-00003. The regulatory concept of port management is based on the principles of competition control, police and security standards, environmental and public health norms, and the concept of public service. The National Port Authority (APN) is designated as the regulatory authority responsible for overseeing the port's operations. The APN's role includes ensuring compliance with regulatory requirements, managing the port's public domain, and promoting the development of the port sector. The project focuses on strengthening the port's regulatory framework by introducing a new business model, which is based on the concept of public-private partnerships (PPPs). The PPP model involves the delegation of public services to private operators, who are responsible for managing and operating the port's infrastructure. The project aims to improve the port's efficiency, reduce costs, and increase its competitiveness. The primary port management business models are landlord port, privatized port, and the intermediate model, also known as the tool port. The landlord port model is the dominant management model, where the port authority retains ownership and control of the port's infrastructure. The privatized port model involves the transfer of ownership and control of the port's infrastructure to a private operator. The intermediate model combines elements of both the landlord and privatized port models. The project also focuses on the types of contractual models in the port sector, including public-private partnerships (PPPs) and delegation of public services (DSPs). The PPP model involves the delegation of public services to private operators, who are responsible for managing and operating the port's infrastructure. The DSP model involves the delegation of public services to private operators, who are responsible for providing specific services, such as terminal operations. The project aims to establish a PPP legal and regulatory framework that is consistent with international best practices. The framework will provide a clear and transparent set of rules and regulations for the port sector, including public procurement procedures, contract supervision, audit, and regulation. The project also aims to establish a public port domain (DPP) that is managed and operated by the National Port Authority (APN). The project's implementation will be overseen by the National Port Management and Operations Company (SONAGEP) and the National Port Regulatory Authority (ANAREP). The project's success will depend on the effective implementation of the regulatory framework, the development of a competitive port sector, and the improvement of the port's operational efficiency.