Cooperation with Investors Procedure

Cooperation with Investors Procedure

     Achievement of FSUE “Rosmorport” statutory goals related to the development of port and coastal infrastructure of federal property in the Russian seaports, in many cases, becomes possible under condition of attracting private investors.
     FSUE “Rosmorport” is committed to implementation of joint investment projects with private enterprises under terms and conditions of State Private Partnership (further referred to as SPP) in the following directions of port and coastal infrastructure development:
     - construction or reconstruction and further use of marine terminals; 
     - construction or reconstruction and further use of hydrotechnical facilities (whaves, piers, moles, breakwaters, and other shore protection; 
     - construction or reconstruction and further use of underwater hydrotechnical facilities (basins, moorages, operational basins);
     - construction or reconstruction and further use of vessel traffic control services and aids to navigation.
 

Procedure of preparation and making investment agreements with potential investors


     For collaboration on an investment project with FSUE "Rosmorport" potential investor shall send to Rosmorrechflot and FSUE "Rosmorport" a declaration (an application) stating his intention to invest in construction (reconstruction) of seaport facilities (hereinafter – Declaration of Intention), filled according to enterprise's standard StO 14649425-0002-2016 “Reglament for procedure of elaboration and agreement of Declartaion (Application) stating the intention to invest in construction and reconstruction of seaport facilities” approved by FSUE "Rosmorport" order dated 24.06.2016 No. 294 .
     During review and decision-making on possibility to implement an investment project, the documents submitted by a potential investor are judjged by the following criteria:
  • economic grounds of investment project;
  • existence of facilities to implement the project; 
  • minimalization of risks, including ecological, anthropogenic and economic risks;
  • financial support of the project from non-budgetary;
  • elaboration of investing procedures, including those of federal property faclities creation;
  • opportunity of cargo delivery by railroad, automobile or other vehicular means to the seaport (terminal) in question.

      At the stage of consideration of the Declaration of Intent, FSUE “Rosmorport” in a three-week period analyses economic feasibility and efficiency of the enterprise's participation in the planned investment project and issues its opinion. The opinion of FSUE “Rosmorport” is sent to the Federal Agency for Marine and River Transport (Rosmorrechflot) for preparation of a consolidated opinion on the Declaration of Intent. In case of a negative opinion, the potential investor modifies the Declaration of Intent according to comments of FSUE “Rosmorport” and Rosmorrechflot and submits it for reconsideration.

     At the stage of development of the investment project implementation arrangement, subject to a preliminary favourable opinion of FSUE “Rosmorport” and  Rosmorrechflot concerning the Declaration of Intent provided by the potential investor, the interested parties prepare an Agreement on Cooperation in Designing the Facilities Covered by the Construction Project.

     One the essential terms of the Agreement on Cooperation in Designing is the responsibility of the potential investor to draft at its own expense the project documentation for all facilities proposed for implementation of the investment project, including the federal property. Federal property, unless otherwise determined by the Agreement on Cooperation in Designing, is property,  which, in accordance with the Federal Law No.261-FZ dated August 11, 2007, must be exclusively federally owned.

     Approximate duration of consideration of Declaration of Intent till the possible conclusion of the Agreement on Cooperation in Designing is about one month from the date of filing the Declaration of Intent by a potential investor.

     After drafting the design documentation on the federal property, the potential investor submits it to FSUE “Rosmorport” for the final determination of the economic feasibility of the participation of FSUE “Rosmorport” in the investment project.

     In the case of a positive decision on the implementation of the investment project upon review of the project documentation, the parties conclude an Agreement on Cooperation in Implementation of the Investment Project.

     The agreements on cooperation concluded by the parties, as well as the supplementary agreements thereto shall enter into force following their approval by Rosmorrechflot.

 

Examples of implemented joint SPP projects of FSUE “Rosmorport” and private investors


     FSUE “Rosmorport” large experience in successful implementation of different investment projects on development of port and coastal infrastructure on the basis of SPP makes the enterprise a secure and reliable partner, a warranter for achieving the settled goals for the benefit of both private companies, and the state. 

     FSUE “Rosmorport” is looking forward to prospective and mutually beneficial cooperation in the field of Russian seaports development with all interested Russian and foreign companies, and individual entrepreneurs.