The project, presented by Victor Granados, entitled, "Ports and Maritime Law", proposes the establishment of a Maritime Port Council, which would have as its responsibilities planning issues and sea-port policies in the country. The Maritime Port Council would become the new port authority under the command of the Ministry of Public Works and Transport (MPWT).
"Today and operation and port concession schemes are disconnected. On one side, the power to grant public works concession, including port expansions, lies with the National Concessions Council (CNC). It is a body which is fully decentralized from the MOPT and has an instrumental legal identity.
There are two authorities for port administration: the Costa Rican Institute of Pacific Ports (Incop) in the case of Caldera, and the Board of Port Administration and Economic Development of the Atlantic (Japdeva), in the Caribbean province of Limon ", writes Gerardo Ruiz for Elfinancierocr.com
If approved the initiative would be consolidated into a single entity for concessions and port management.
The technical proposal by APM Terminals was accepted, while the financial terms, $246 per container, must still be approved.
The deadline the National Concession Council had to decide whether to accept or reject the proposal made by APM Terminals had expired on December 23. The analysis on the proposal is now expected to be finalized in January when a decision will be made.
Legal security of certain investments may be in doubt if arguments put forward by the Legislature regarding decision-making powers of award of state property thrive.
Citing as a justification the text of Article 140, paragraph 19 of the Constitution of Costa Rica, the President of the Legislative Branch, Juan Carlos Mendoza, has expressed his conviction that it is the Legislative Assembly which is responsible for approving the concession award for a container terminal at the port of Moin.
The Assembly is to receive the bill toward the end of next month and its approval is expected by the end of the year.
Should this happen, by the second half of 2011 the tender process could be launched, according to predictions by the International Finance Corporation (IFC) and El Salvador's state ports authority (CEPA).
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