George C Currie, Principal According to analysts, since July 2009 new long and medium-term lending has continued T raditional project finance has been moribund in China for the past decade – the Chinese municipalities simply found it apace while new short-term lending to non- financial corporate entities has all but ground too complex, too transparent, and not what to a halt. It appears then that the government really wanted from private sector may have been successful in its aim to stamp involvement. Add to that domestic banks out the use of bank loans for short-term increasingly having the capacity to provide speculative uses, while continuing to force the money without insisting on intrusive the economy to invest in the development of checks and there was no longer any its long term assets. demand for it. “It’s Project Finance Jim, but not as we So how have the “project finance” know it” guidelines issued by the Chinese banking Despite the new guidelines on due diligence regulator last year changed the position on and scrutiny for project finance deals, in most the role to be played by project finance and recent “project finance” loans it appears that international investors in meeting China‟s Chinese banks have continued to look more ever-growing infrastructure needs? to the connections of the sponsors rather than necessarily at the quality of the project New Lending Guidelines itself. Likewise the „project finance‟ that The “Guidelines for the Project Financing Chinese banks do outside of China is Business” and the “Tentative Measures for generally, on closer examination, more like the Administration of Loans for Fixed export finance in support of (well-connected) Assets” (both issued in July 2009) contain Chinese contractors and manufacturers. some desirable requirements: for example demanding that Chinese banks conduct For the past 10 years or so, the Chinese basic due diligence, make better use of model of private sector involvement in security, reserve accounts and/or infrastructure projects has typically: performance bonds, and conduct post- lending monitoring are all good ideas. Seen the project undertaken by a JV These requirements are not all new between a private sector developer however, they simply haven‟t been and the local government, in which enforced in the past. Probably the key the local government unit contributes question is, “will Chinese banks behave land and existing hard assets as all differently now?” or part of its (majority) stake and the private partner leases a minority There are reasons to believe that this time share of the JV for 25 years. they might. The new guidelines are a lot Seen these JVs being largely (100% more about bank control by the government in most cases) equity financed, since than they are about project finance, and with little or no concept of the cost of need to be seen in context of the Chinese capital, municipal JV partners often stimulus package in response to the global dislike the idea of „debt‟ and officials economic crisis. The first six months after often tend to see debt interest the announcement of the stimulus saw a payment as an unnecessary cost very large volume of short term loans that can be avoided. extended, and the reaction of the Banking Rarely featured fixed price, turnkey Regulatory Commission through these contracts for the construction, but guidelines is mostly concerned about rather an array of individual channelling this bank credit to the right sort agreements with a number of of projects, to ensure that the investment suppliers and contractors. goes into fixed assets (of which Seen frequent renegotiation of the infrastructure forms a part). contract, according to shifts in the political climate as well as the commercial performance of the JV. Page |2
The first green shoots of improvement may Third-Party Equity
recently have been spotted though. With Infrastructure funds looking at medium or some Chinese banks now building long-term returns as their only source of relationships with, or even taking equity upside from Chinese infrastructure projects, positions in, experienced international and particularly those entering projects only project finance lenders, they are making during their operational stage, don‟t have the use of these to improve their understanding same opportunities. Infrastructure investors of how (and why) to employ the more looking at China are multiplying, but most rigourous due diligence and project seem to be finding deals worth doing hard to monitoring processes required by the new come by. A few deals have been made (e.g. guidelines. In doing so they are seeing how Macquarie‟s toll road acquisition), but other these serve to reduce credit risk and so investors that have entered China with an improve the banks‟ performance. „infrastructure‟ label have ended up taking stakes in assets such as supermarket chains Technical Equity and construction materials suppliers, as Project sponsors who can bring specialised cashflows from Chinese infrastructure technical expertise to play may be the only projects themselves may typically only deliver category of foreign players generally in a returns on equity of around 12%, which fail to position to make money from Chinese meet their portfolio return targets. infrastructure projects, albeit indirectly through their equipment-making subsidiary Moreover, despite China‟s vast requirements or partners. for infrastructure projects most infrastructure classes do not offer much scope for Even for them it‟s hard work though, and increasing returns on equity from assembling maybe the most important element for a portfolio of similar assets, being too success as project sponsors in China is to geographically dispersed to benefit from know when and how to share the benefits savings in operations and maintenance costs with the government side. It‟s not unusual and hence not yielding much economy of to see a second JV between the local scale. government (through a suitable state- owned company) and the technical The key to success for these investors sponsors for the supply of key equipment therefore lies in improving their access to or for the construction, thus managing to potential deal flow through developing extract cash from the concession without beneficial relationships with project showing high returns from the project itself developers and technical sponsors, and in once it‟s operational and garnering identifying within projects those with the revenues from supplying services to its opportunity to increase investor value by public and/or government users. improving the risk-adjusted return, by adding associated revenue-creating business lines While this approach of the and/or by identifying and reducing operating contractor/supplier being an equity partner phase risks. is also seen in other markets, it‟s not normally as a joint venture with the local government, and there‟s no doubt that in George Currie has been advising today‟s business climate of increasing governments, sponsors, lenders and vigilance on corporate governance the investors on developing and delivering handling of these relationships does infrastructure projects throughout Asia for present a risk for international companies the past 10 years. as technical sponsors in Chinese infrastructure projects. Such companies George can be contacted at: would be well-advised to push for greater T +65 8121 8244 pricing transparency (perhaps linked to E george.currie@instrivas.com suitably adjusted international benchmarks) rd and/or 3 party monitoring of the project, even though the latter may be resisted on the Chinese government side for adding “unnecessary” cost.
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