Implementing Port Reform
If the organizational changes contemplated
should require changes in legislation, any necessary
legal work should get underway very early
in the reform process. Often, port-related entities
enter into commercial arrangements ahead
of the legislative changes that are necessary to
fully reform and liberalize the sector. Subsequent
legal changes may complicate the contractual
relationships for these initial deals. Or, these
early investors may try to slow down the broader
reform process so that they can enjoy as long
as possible a competitive edge stemming in part
from an advantageous legal situation.
Once the strategic choices for the reform
process have been made, the main priority of
the IWG will be to translate them into national
legislation. This will generally include, without
being limited to, the following elements:
- Conduct legal due diligence, identifying
the pieces of legislation to be updated,
changed, or scrapped altogether, and the
missing pieces to be added.
- Conduct legal review of all aspects associated
with port labor reform that can have
significant consequences when it comes to
funding the required transition measures.
- Draft new port sector legislative framework.
- Draft bylaws of reorganized or restructured
public entities, port authorities, and
- Draft legislation governing contractual
arrangements between public authorities
and private commercial partners (for
example, licenses, leases, and concessions).
- Draft standard bidding documents and
standard contractual documents.
- Prepare all necessary briefing documentation
to present the new legislative package
for government and parliamentary