Proceedings Presentation
of Country Reports Country: Pakistan
Performance
Review of the Privatised Manufacturing Enterprises in Pakistan by
Mr. Abdul Hafeez Chaudhry
Joint
Secretary Ministry
of Industries & Production, Pakistan BACKGROUND OF PRIVATIZATION Privatization process in Pakistan
was formally started in 1991 with the setting up of the Privatization
Commission (PC). The impetus for privatization came largely from the poor
performance of state-owned entities (SOEs). Since the early 1970s,
Pakistan had relied on the public sector to operate virtually all
infrastructure and financial services and many industrial units. All major
industries with the exception of textile industry were nationalized and a
number of industrial/economic activities were earmarked for the public
sector only. In addition to about 100 industrial enterprises, the
government owned and operated services in banking, energy, communications,
infrastructure, and transport. The experiment of nationalization
proved to be a failure because of the following characteristics exhibited
by SOEs: 1.
Mismanagement and overstaffing 2.
Inappropriate and costly investments 3.
Poor quality and coverage of services 4.
High debt and fiscal losses 5.
Production and profits that were well below their potential As in many countries, decision
makers and senior officials in SOEs often used the enterprises to further
their vested interests. Staff and managers were often appointed with
little regard to their suitability for the position. Prices for many goods
and services were kept artificially low. Cross-subsidies and pricing
inefficiencies became widespread and in many cases the prices had little
relation to cost and a few interest groups benefiting from subsidies at
the expense of the general public. Many enterprises were kept afloat
solely because of coerced lending from state-owned banks or government
support via such means as equity injections, loans and bonds, budgetary
subsidies, and explicit or implicit government guarantees. Such forms of
government support were paid for by higher taxes on the people, whether
the goods and services were used by them or not. In short, Pakistan's SOEs
completely failed in delivering. PRIVATIZATION
POLICY The need
to privatize the state owned enterprises was realized by the Government of
Pakistan in mid 80s and privatization of state owned enterprises in UK etc
was studied to formulate privatization policy and strategy. The
Privatization Policy of the Government aimed at strengthening public
finances and bringing in new investment while simultaneously enhancing the
quantity and quality of goods and services by attracting better management
and staff and by freeing the SOEs from public sector red tape and
procedures. The main
features of Privatization Policy being followed by Government of Pakistan
are listed below: a.
Enhance competitiveness and improve the operational efficiency of
State Owned Entities (SOE); b.
Mobilize private-sector capital and expertise, and reduce fiscal
deficit; c.
Enlarge the ownership base and strengthen capital markets; and d.
Realize sale proceeds for the retirement of national debt. e.
Strategic assets will remain outside the program; f.
Proceeds of privatization will be used exclusively for the
retirement of debt; g.
The stock market will have a role in the privatization process to
ensure that its benefits filter down the general public, to broaden and
deepen the stock market and to prevent concentration of privatized units
in a few hands; and h.
Overseas Pakistanis will be involved in the process of
privatization. The Government's policy of
privatization and liberalization is aimed at promoting market-based,
private sector-led growth. Distorted prices, lack of competition, and poor
government management of businesses have hindered economic development,
introduced inefficiencies, generated unproductive and unsustainable
employment, slowed down investment, reduced access to services by the
poor, resulted in sub-standard goods and services, and contributed to
fiscal bleeding. Privatization is also being used
for broadening the ownership of assets, mobilizing savings, and helping
strengthen capital markets. For this reason, the Government plans to sell
minority shares via the stock market in selected companies either before
or after the transfer of management control. Listing and selling companies
in the local stock exchanges is likely to give a much-needed boost to the
stock markets and help tap savings. Simply listing of 100 percent
government owned companies on the stock exchanges helps in improving their
corporate governance, as the companies are obliged to comply with the
stringent reporting requirements of the stock exchanges and Securities and
Exchange Commission. The Government is firmly committed
to carrying out the privatization in a fair and transparent manner. This
includes ensuring a level playing field for existing and future entrants,
protecting consumer and taxpayer interests, and dealing with public
employees in a fair manner. In addition to specifying advertising
requirements to ensure the widest possible participation in privatization,
it is also ensured that monopolies are not created in the privatization
process. For this purpose the economy has been deregulated to the maximum
extent possible and the regulatory framework strengthened. To ensure that the proceeds of
privatization are not squandered away, 90 percent of privatization
proceeds are being used for debt retirement and 10 percent for poverty
alleviation. Appropriate
provisions have also been incorporated in the recently enacted
Privatization Law so that the successor governments may not deviate from
this policy. PRIVATIZATION
PROGRAM Privatization
programme of the Government of Pakistan was implemented on fast track
during the first phase (1991-1994) and 66 privatization transactions were
completed by the Privatization Commission.
By end of 1997, the number of privatization transactions had
increased to 92 while by end of 2000 the number stood at 106. At that
stage the gross privatization proceeds were about Rs. 60.9 billion (US$
1.8 billion). Out of the Rs.60.9 billion in gross
receipts, 80 % were turned over to the Federal Government, 9.5% were used
for restructuring expenses associated largely with golden handshakes, 5%
were returned to companies on whose behalf shares were sold, and 4.5% were
used for privatization process related expenditures. While almost all the
transactions were settled in local currency, almost three quarters of the
proceeds were received in foreign exchange. Bulk of these proceeds came
from the privatization of minority shares of Pakistan Telecommunication
Company Ltd. (12%) and Kot-Addu Power Company (36%). During
the last two years, a number of major privatization transactions were
finalized and in June 2002, the number of privatized State Owned Entities
stood at 122 and the total sale proceeds were about US$ 2.322 billion.
Sector wise break-up of 103 privatized units, sales proceeds and date of
transfer is given in the table at annexure-A. The
Privatization program of the Government of Pakistan is part of the
framework for the restructuring and liberalization of the economy for the
overall benefit of people of Pakistan. In order to achieve the goals, the
Government of Pakistan has taken following steps to implement the
privatization program in a transparent and equitable manner: a.
The privatization process was given due
protection by ‘Privatization Law’. b.
The Privatization Commission (PC) and the
Cabinet Committee of Privatization (CCOP) were reconstituted with public
and private sector professionals reflecting a more balanced arrangement of
specialized expertise and business acumen. c.
A comprehensive privatization program for
the short, medium and long-term was prepared, in accordance to the
economic environment and investment conditions; d.
Regulatory institutions are being
strengthened. e.
The bidding process was made more
transparent, and generalized processes and standards of performance was
spelt out; and f.
Communication with different stakeholders
in the privatization process was enhanced. g.
Prepare the entities for privatization,
prior to offer for sale to maximize the sale proceeds h.
Adopt two-track policy of:
i)
Involvement of middle-income Pakistanis
through Stock Exchange; and
ii)
Strategic sale to bring in expertise and
technology. Maximum emphasis has been placed to
enhance credibility and investor confidence through the expeditious
completion of certain relatively small but manageable transactions.
Similarly, priority emphasis has been given to local investors and
overseas Pakistanis prior to bringing major transactions for investments
by international investors. Following are the key elements of the strategy
adopted for the development of the privatization program: ·
Consensus on the privatized program from all stakeholders,
and approval of the agreed program at the highest level. ·
Demonstrate will to implement the government decisions in
letter and spirit. ·
Identify marketable transactions under the current
conditions. ·
Develop a cohesive short and medium/long-term program. ·
Complete the necessary background/restructuring work for
major transactions to re-launch them in the medium and long-term. ·
Develop credible track record before bringing transactions to
market. Privatization
Process The
privatization process, which is aimed at selling government property in an
open and transparent way with a view to obtaining the best possible price,
varies somewhat depending on the nature of the asset being privatized, on
the proportion of shares being offered for privatization, and on whether
transfer of management is involved or not.
The Privatization Commission in consultation with the related
ministries/departments decides as to what kind of process will be
followed. The
privatization process is lengthy for major transactions, mainly to ensure
transparency in the process. Following steps are normally taken in
completing one transaction: - 1.
Identification of SOE 2.
Hiring of a Financial Advisor 3.
Due Diligence 4.
Enacting any Needed Regulatory and Sectoral Reforms 5.
Valuation of Property/Shares 6.
Pre-bid and Bid Process 7.
Post-bid Matters The
flowcharts detailing steps in a transaction involving “Transfer of
Management or Sale of Assets /Business” and “Capital Market
Transactions” are enclosed at annexure B & C respectively. After
receiving Cabinet Committee on Privatization’s approval for the
privatization, it typically takes about 15 months to close a major
transaction, even when no major restructuring of the company is required.
This includes three/four months to appoint a Financial Advisor and another
three or four months for the FA to complete its legal, technical and
financial due diligence and to propose a privatization strategy. Following
approval of the strategy, the marketing and bidding process may take five
or six months (valuation efforts proceed in parallel), while it may take
another two months after bidding to obtain approvals, finalize sale
documents, and close the transaction. Additional delays in privatization
are often caused by waiting for the necessary regulatory framework and
sectoral policies to be put in place and for any needed restructuring to
occur. PERFORMANCE
REVIEW OF PRIVATIZED MANUFACTURING
SOEs More
than 80% of the privatization transactions were State Owned Industries,
which were operating under the administrative control of Ministry of
Industries & Production. Most of these industrial units were operating
with the support of the Government in the form of bank loans, restricted
competition/ monopolistic market conditions, subsidies etc. It
was apprehended at the time of privatization that the buyers of the
privatized units will experience difficulty in the operation of these
units due to the following reasons:
As
expected, the performance of a large number of privatized SOEs was not
very good during the first few years.
The comparison of the post privatization (1991-99) performance of
these units with the pre-privatization
(1987-91) period on the basis of major performance indicators
exhibited the following:
The
critics of privatization allege that the performance of the privatized
SOEs during the post privatization period was not as good as it was during
the pre-privatization period. However,
the factual position is quite different as the economy of the country has
greatly benefited from privatization in the form of improved
competitiveness of the industrial sector, drastic reduction in the quantum
of Government guaranteed loans, bonds etc and direct/indirect subsidies. The
closure of some of the privatized SOEs became necessary due to huge
liabilities of the pre-privatization period, obsolete equipment and
machinery, open competition, over staffing etc.
The decision to privatize such non-viable units was not a correct
decision. It would have been
more appropriate to wind up/liquidate such industrial units/companies.
The Government policy in this regard was subsequently reviewed and
non-viable industrial units have been excluded from the privatization
list; such units are now being wound up / liquidated by the Government
itself. The
privatization of the SOEs has absolved the Government of the
responsibility to make additional investment, which was necessary for the
viability of these entities. Due
to delay in the privatization of nationalized commercial banks, the
Government was forced to inject an amount of Rs. 31 billion into 2 major
nationalized commercial banks (United Bank Ltd. and Habib Bank Ltd).
Whereas the strategic sale of just 26% shares of Muslim Commercial Bank in
1991 resulted in revival and very impressive growth of the bank. This
improvement was achieved through better management, rightsizing etc and
without any additional injection of equity by the Government (holding 74%
shares). In
view of the positive impact of privatization on the economy of the
country, all the 6 Governments in power since 1988 have made privatization
the corner stone of their economic programs and the implementation of the
privatization programme is continuing.
However, in the recent past the pace of privatization has slowed
down due to the complex nature of the privatization transactions being
currently handled by the Privatization Commission.
These transactions mainly relate to utilities, transport and
banking sectors and require sensitive decisions on pricing, restructuring,
rightsizing etc. For instance, the restructuring of WAPDA’s power
business into 8 distribution companies, 3 generating companies, and 1
Transmission Company has been on-going for several years. Similarly, gas
pricing policy, which is essential to allow privatization of the
country’s vast oil and gas assets, has yet to be finalized. Handing over
management control of many important utilities/service sector SOEs also
required the establishment of regulatory frameworks to promote
competition, balance the interests of consumers, investors and the
Government, and ensure a level playing field.
Designing appropriate legislation, attempting to reach consensus on
the legislation, licensing and tariff rules, and establishing and staffing
regulatory agencies proved to be a time-consuming process. IMPACT
ANALYSIS OF PRIVATIZATION Impact
analysis of privatization in Pakistan was carried out by Francies, J. and
Tufail, A, under a study funded by the Asian Development Bank. 92
privatization transactions carried out between 1991–1997 were evaluated
and concluded that the experience was a success overall.
It was found that most of the objectives including improving the
efficiency of enterprises and economy, broadening ownership base,
improving public finances and safeguarding the interests of employees have
been achieved to a great extent. Detailed analysis of 21 enterprises was
also carried out and it was found that there had been significant economic
benefit in case of 10 enterprises, no improvement or deterioration in case
of 6 enterprises and lesser performance in case of 5 enterprises. There
was no negative impact of privatization on employment as a slight increase
in employment was noted. The
social impact as well as the impact on consumers was also found to be
positive. However, the first
time shareholders who bought shares of the newly listed companies
suffered, as some of the privatized entities were not managed well by the
majority shareholders. The
study also concluded that Pakistan’s Privatization Commission was quite
well organized and properly staffed. The
above analysis of the performance of the privatized State Owned Entities
reveals that the privatization experience of Pakistan was quite successful
and beneficial for the economy of the country. It can be hoped that the
privatization of the remaining SOEs will help in promoting market based,
private sector lead growth, improving access to quality goods and services
by the poor. ANNEXURE-A
ANNEXURE-B Steps In A Transaction With Transfer Of Management Or Sale Of Assets Or Business ANNEXURE-C Steps In A Capital Markets Transaction With Minority Share Offering
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