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92007/TPT-WG29/MEG/003_v2

Policy Item 8: Port Management

APEC member economies undertake:

To continue the process of port restructuring, including commercialisation and the privatisation of port service provision.

To develop and strengthen structures to promote intra- and inter-port competition.

To encourage further the involvement of the private sector in the provision of port facilities.

Wherever private sector investment opportunities exist, to allocate development rights by a clear and transparent process.

Not to discriminate between domestic companies and companies that are nationals of other APEC economies in the allocation of development rights, or in the awarding of contracts for the provision of port services.

In most of the member economies, port services are privatized or being privatized to promote the competition in ports through the reforms of institution.  For example, in Chinese Taipei, they made efforts as focusing on port marketing, reclaiming new hinterland, dredge channels, integrating IT network, combining with tourism industry, to promote intra-and inter port competition.  Additionally, in Indonesia, port services are largely provided by the private sector and state-owned port corporation, they are now in the process of revising Shipping Law No.21/1992 in order to restructure port management and development and also to encourage the promotion of intra and inter-port competition.

To encourage further involvement of the private sector in the provision of port facilities, Japan encourages the private investment by the Private Finance Initiative Law.  Indonesia also encourages participation of the private sector in the provision of port facilities by the revision of Shipping Law No.21/1992.  In South Korea, private investment was introduced in 19 port construction projects and in 2006, 3 new private projects were launched.

In the case which private sector investment opportunities exist, development rights are allocated by clear and transparent processes in all member economies.  Also there is no discrimination between domestic companies and companies that are nationals of other APEC economies in the allocation of development rights, or in the award of contracts for the provision of port services.

For the purpose of the clarification and transparency of ensuring the private sector investment, South Korea has strong policy of strengthening project plan evaluation procedure and opening detailed project evaluation standards in advance followed by quick announcement of evaluation results.  

However, in Philippines, the Constitution requires a 40% equity limitation on foreign investments of private port construction and operation.

Policy Item 9: Subsidies to National Flag Vessels

APEC member economies undertake:

To promote free competition between unsubsidised shipping lines on a commercial basis.

To ensure that all support measures that are provided for national flag are direct, aimed at reducing the cost of shipping, and limited to the minimum necessary to achieve the desired national goals.

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