REGISTRO 1 : ASPECTOS DE GESTION DE LA

Project stage: unclear.

Key information published on COALIANZA’s website: short description of project and total

CEPA’s assessment of compliance: compliant, as per reasons mentioned for the other

projects.

Transparency Law and Its Regulation

Article 13 of the Transparency Law includes a list of the information that public institutions should proactively publish. This includes contracts, concessions, auctions, calls to tender for public works, consulting contracts, minutes of offer opening and award processes, and declaration of direct sales and the results.

Article 22 of the Transparency Law Regulation defines in more detail the requirements for publications of contracts signed, which are as follows: institutions are required to publish on their websites (or any other means of quick access) all the processes for selection of suppliers and the signed contracts, together with the information related to acquisitions, rents, services, and public works, detailing the following in each case:

 Administrative unit that signed the contract  Tendering process

 Name of person or company that signed the contract  Date, object, amount, and timelines of the contracts

 Contract modification agreements, in each case including all the details required above.

Article 21 of the Transparency Law Regulation presents similar requirements as these for concessions. It is unclear if concession contracts would fall under Article 21 or Article 22 of the Transparency Law Regulation. However, this does not seem to be problematic, as the requirements are very similar.

Article 16 of the Transparency Law Regulation requires that each institution actualizes information published monthly, and that information should be published at least during the period of validity.

Disclosure objectives

Pre-procurement

disclosure

Post-procurement

disclosure

PPP Promotion Law and Its Regulation

Article 95 of the PPP Promotion Law Regulation establishes that a body separate from COALIANZA, called the PPP Superintendence, will publish on its website all acts or declarations establishing the execution of and compliance with the obligations of PPP contracts.

There is no other requirement in the PPP Promotion Law and its Regulation to proactively publish information. The requirement in Article 93 of the PPP Promotion Law Regulation is for reactive disclosure. This article establishes that, once the PPP contract is signed, anyone may request and receive information related to the project, which must be provided by COALIANZA within a maximum period of 15 days of the request.

Transparency Law and Its Regulation

Article 16 of the Transparency Law and Article 24 of the Transparency Law Regulation determine that the right to access public information is restricted when:

 This was established in the National Constitution, international treaties, and laws compatible with international treaties

 It has been classified as reserved, has been given confidential status, or contained confidential data

 It was information of private companies and institutions that are not within the public bodies covered by the Transparency Law.

Article 17 of the Transparency Law and Article 25 of the Transparency Law Regulation establish that information can be classified as reserved when the damage caused by publication would be larger than the benefit, or when publication puts at risk the military or economic security of the nation or the life, security, or health of any person, among other aspects.

PPP Promotion Law and Its Regulation

There are no confidentiality requirements for post-procurement information in the PPP Promotion Law and its Regulation.

Transparency Law and Its Regulation

The Transparency Law and its Regulation do not include details on how contracts, requests for proposals, or other PPP documents should be drafted.

PPP Promotion Law and Its Regulation

Article 8 of the PPP Law presents a checklist of elements to include in a PPP contract. This list does not include any clause related to disclosure of information.

Transparency Law and Its Regulation

The Transparency Law and its Regulation do not discuss specific templates or checklists to be used for disclosure.

The Public Information Access Institute, which is the body created by the Transparency Law to promote and facilitate access to public information, does not seem to make available on its website any specific template or checklist to be used for disclosure.

PPP Promotion Law and Its Regulation

The PPP Promotion Law and its regulation do not discuss specific templates or checklists to be used for disclosure. COALIANZA does not seem to make available on its website any specific template or checklist to be used for disclosure.

Transparency Law and Its Regulation

Article 80 of the Transparency Law Regulation establishes that there are retroactive effects for reactive disclosure (that is, for requests of information generated before the day of publication of the Transparency Law). However, there is less clarity about the retroactiveness of proactive disclosure.

Article 22 of the Transparency Law Regulation requires the proactive publication of subscribed contracts. It is open to interpretation whether this includes contracts subscribed before the Transparency Law enactment.

Article 17 of the Transparency Law Regulation establishes that the information should remain published during the period in which it is in force. It is open to interpretation whether this includes contracts subscribed before the Transparency Law enactment that remain in force after the enactment of the Transparency Law.

PPP Promotion Law and Its Regulation This is not specified in the current legislation.

Transparency Law and Its Regulation

The Transparency Law and its Regulation do not require proactive disclosure of performance information, contract or project audit reports, or third party monitoring and evaluation reports.

PPP Promotion Law and Its Regulation

Article 95 of the PPP Promotion Law Regulation establishes that COALIANZA’s PPP Superintendence will publish on its website all acts or declarations establishing the execution and compliance with the obligations of the PPP contracts.

Transparency Law and Its Regulation

The Transparency Law is focused on public bodies and does not mention special purpose vehicles. However, Article 13 of the Transparency Law includes a requirement to publish proactively information on the activities of private companies that provide public goods or services with exclusivity terms, or that sign contracts financed by the government. This information should be published by the public entity that has signed the respective contracts. In addition, Article 17 of the Transparency Law Regulation establishes that, on top of the monthly publication requirement, the information should be updated no later than 10 working days after any modification might have happened.

PPP Promotion Law and Its Regulation

Article 84 of the PPP Promotion Law Regulation establishes that supervised agents shall provide what is necessary to facilitate COALIANZA’ PPP Superintendence supervision; otherwise they will be subject to administrative penalties.

Transparency Law and Its Regulation

The Transparency Law and its Regulation do not include details on how published information should be validated.

PPP Promotion Law and Its Regulation

The PPP Promotion Law and its Regulation do not include details on how published information should be validated.

In terms of provisions for post-procurement proactive disclosure, the two main blocks of legislation analyzed present slightly different requirements. The Transparency Law requires proactive disclosure of contracts (and a short list of related information). The PPP Promotion Law requires reactive disclosure of contracts and all available related information. This means that the Transparency Law is more stringent about how information is disclosed (that is, proactively versus reactively), and the PPP Promotion Law is more stringent about what information is disclosed (that is, all versus some). COALIANZA seems to satisfy the most stringent requirements in the two blocks of legislation; that is, COALIANZA publishes proactively the PPP contracts and presumably all related information, with some minor exceptions.

COALIANZA publishes a vast amount of information for PPP projects that have been adjudicated. At the time of writing this report, six projects were covered. Key information was published for five of them, and our assessment of compliance with current legislation is as follows.