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Need To Solve PDA Issues

  2 min 8 sec to read

The government’s hesitation to solve Power Development Agreement (PDA) issues pertaining to sovereign guarantee, foreign exchange risks and termination payment has hit the entire hydro sector hard. 
 
First, foreign investors want sovereign guarantee from the government due to bad financials of Nepal Electricity Authority (NEA) which is suffering from the problem of inefficiency and in adequate resource to convince big investors. Sovereign guarantee is a guarantee by the Government that all obligations will be fulfilled if the primary obliger goes into default.  NEA is responsible to fulfill all the obligations at present but technically bankrupt NEA cannot convince any investors at present. 
 
Foreign investors shy away from investing in Nepal until the country introduces a provision that can keep investors in confidence and sovereign guarantee is such a provision.
 
Similarly, the government has to take appropriate measures in several other issues to attract more investment in hydro sector. 
 
The government should convince foreign investors that they will be protected against foreign exchange risks when repatriating their earnings. It should also clarify its stand on signing Power Purchase Agreement (PPA) in convertible currency. 
 
Foreign investors often blame the government for not facilitating in foreign currency exchange process. The process to get permission to repatriate dividend and sales proceeds takes long time, according to investors. 
 
Such provision compels investors to face hassles and feel discouraged to invest in the concerned sector. The government has to create comfortable environment to invest in hydro sector without any delay. 
 
Another bone of contention between the government and private sector regarding PDA issues is termination payment. Investors say there is no clear provision for termination payment which has created a kind of fear among investors. 
 
In case of termination, investors need to be assured that they do not lose money and receive adequate compensation. The government should make payment in the eventuality of termination events. There should be provision of Termination Payment in PDA, so that investors are not in loss, in case they have to terminate the investment due to events beyond their control. 
 
Nepal’s hydro sector can take a big leap forward only when the government is ready to revise all troublesome legal provision on these and other matters.
 

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