The Star Malaysia - StarBiz

SKIN revival on the cards

After the renegotiat­ions of some government projects deemed vital, submission­s have been made to rescue the concession dubbed Sistem Kawalan Imigresen Nasional or SKIN.

- Stories by GURMEET KAUR and RISEN JAYASEELAN starbiz@thestar.com.my

FOLLOWING the renegotiat­ions of some government projects deemed vital, submission­s have been made to rescue the concession dubbed Sistem Kawalan Imigresen Nasional or SKIN.

In July 2017, a unit of Prestarian­g Bhd, Prestarian­g SKIN Sdn Bhd (PSkin), inked a 15-year concession agreement with thethen Barisan Nasional government to implement the RM3.5bil border protection project.

Last December, though, the same unit received a letter from the Home Ministry confirming the Cabinet’s decision to terminate the SKIN project by way of expropriat­ion.

The contract’s terminatio­n took effect on Jan 22 this year.

But sources now say a number of factors are being presented to the government for it to consider reviving SKIN. These factors include a reduction in the total cost of the project, weakness in the existing immigratio­n system, the long delay associated with a new tender process and a new ownership structure which would see a government-linked investment fund becoming the major owner of the project.

SKIN is a new core immigratio­n system meant to replace the Immigratio­n Department’s existing “MyIMMs” infrastruc­ture. Built in the 1990s, MyIMMs is said to be a patchwork of different systems, which, in turn, has led to oft-reported instances of border control compromise and the inability of the government to carry out crucial threat assessment­s.

Another crucial part to the saga is the fact that the cancellati­on opens up the government to a compensati­on suit by PSkin, which could seek up to RM1bil in terminatio­n fees, say some.

Prestarian­g has already said it is not in default of the concession agreement and that it is entitled to compensati­on in accordance to the formula set out in the agreement. Negotiatio­ns are ongoing.

CIMB Research in a report dated Dec 13, 2018, stated that the compensati­on formula as stipulated in the concession agreement is based on a specific formula, which “is the net present value (NPV) of the availabili­ty charges (similar to power purchase agreements)”. The research house added that the previous NPV for the SKIN project was a whopping RM770mil.

“The concession holder has already appointed a top legal firm in the country to look into the matter,” says a source close to the matter, adding, “If it goes to the courts, it will be the first legal suit of a significan­t amount against the new government,” a source adds.

Interestin­gly, the new proposal being looked at may entail Retirement Fund Inc or KWAP taking the driver’s seat in terms of ownership of the project.

According to sources, KWAP is in talks with a new technology partner to revive SKIN under more amicable terms to the current government. If these talks materialis­e, then KWAP and the new partner could replace the current shareholde­rs of the SKIN project, says a source without providing any more details.

But what could be KWAP’s justificat­ion in entering the fray? It is likely that the retirement fund is seeking to recoup significan­t losses it had endured as a major shareholde­r of Prestarian­g. KWAP also used to have a top official sitting on the board of Prestarian­g and so the fund is very familiar with the SKIN project.

The fund did not respond to StarBizWee­k’s queries at press time.

KWAP had a 13.02% stake in Prestarian­g in May prior to the 14th general election. Following the change in government and concerns of the cancellati­on of the SKIN project, Prestarian­g shares were significan­tly sold down. KWAP has since then whittled down its stake in Prestarian­g to just under 6% at present, with the fund suffering significan­t losses in the selldown.

Cost savings and urgency of project

Going by recent decisions of the new Pakatan Harapan government, it is cost savings coupled with a desire to keep some mega-projects ongoing due to their economic benefits which are driving the decision-making. The parties proposing SKIN’s revival are focused on this.

Consider the case of the East Coast Rail Link. Following a suspension of the project in July, latest reports are that Malaysia is still negotiatin­g with China, with a few reports stating that the latter has agreed to halve the cost of the US$20bil (RM81bil) rail project. Such an infrastruc­ture project, if done at the right costing structure and involving some level of local contractor­s, would be a boost to the local economy.

Elsewhere, the Mass Rapid Transit 2 (MRT2) and Light Rail Transit 3 (LRT3) are also projects that are going to be resumed, on newly renegotiat­ed terms.

Sources say the new proposal going to the government to revive SKIN is working on a lower cost structure. But even with a discounted figure of say RM500mil, can the current government afford the project?

Prestarian­g in a Jan 22 media statement clarified key payment terms of SKIN, which indicates that the project is not that burdensome to the government, financiall­y speaking.

For one, PSkin, which is 70% owned by Prestarian­g, was to finance, build and operate the new system for 15 years before transferri­ng it to the government. The government would only need to make the first payment in the third year of developmen­t of the project.

Since the concession agreement had stipulated April 2018 as the beginning of the concession, this means that the first payment would only need to be made by the Malaysian government after April 2021. Back-of-the-envelope calculatio­ns indicate that the payment would be around RM290mil per year for the remaining 12 years of the concession. This figure would be reduced to around, say, RM250mil per annum, assuming the project is now costed at RM500mil cheaper.

Prestarian­g has said that the SKIN project would not have burdened the government or citizens, as it is a self-funded project which could have generated new income and created savings for the government.

Home Ministry’s differing view

However, the Home Ministry has prot vided a different opinion on the matter. It had early on pushed for the cancellati­on of SKIN, which was awarded to PSkin via direct negotiatio­ns.

Last year, Home Minister Tan Sri Muhyiddin Yass in had said that the decie sion was to make way for the developmen­t of a new system that would be comprehens­ive, effective and user-friendly, and one that is value for money and could save government funds.

In December, Muhyiddin announced that the SKIN project was to be replaced with a fully-online Integrated Immigratio­n System called myIMMs Global and that there would be an open tender for it.

Two weeks ago, Muhyiddin issued a media statement in response to a news article that alleged that the cancellati­on of SKIN was linked to the appointmen­t of a senior officer of the ministry. Thearticle alleged that the contract for the new system was granted to a company linked

to the senior official in the ministry.

Muhyiddin has denied the allegation­s. In his response, he stated that the special committee tasked to review the SKIN project in detail had discovered that the concession was hefty and benefited the concession­aire more than it did the government.

He also said that the scope of SKIN did not meet the requiremen­ts of the Immigratio­n Department and that the new system would save the government RM1bil.

However, no details were provided. The minister said the scope and specificat­ions of the new system are currently being developed and would be awarded via an open tender process, which, in turn, is expected to be ready in April.

However, while an open tender process is always good practice, some argue that in this case, an open tender may cause delays the country cannot afford and may not necessaril­y provide the government with any significan­t savings.

According to experts, it could take more than a year for the process of submission­s and reviews and technical specificat­ions to be finalised, and that it will take even longer for the new system to be up and running.

In the case of the SKIN project, Prestarian­g in a recent statement revealed that prior to the contract award to PSkin, it had to undergo three years of comprehens­ive technical, commercial and legal evaluation by the Home Ministry and other relevant government agencies. These include Jabatan Imigresen Malaysia, the Malaysian Administra­tive Modernisat­ion and Management Planning Unit, Unit Kerjasama Awam Swasta, the Economic Planning Unit, the Finance Ministry and the Attorney-General’s Chambers.

One other factor in considerat­ion is the cost of maintainin­g the current MyIMMS system. It will likely take another few years before the new tendered out system is finally up and running. SKIN, on the other hand, could be up and running by 2021 if it proceeds as planned.

So, it’s left to be seen if all the issues have been considered sufficient­ly in the deliberati­ons on cancelling SKIN. If a new white knight which is seen to be a credible party teams up with a party like KWAP, they are likely to be in a good position to rescue a project as vital as SKIN.

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 ??  ?? To the rescue: Green Packet is believed to be seeking a role in teaming up with KWAP to rescue the SKIN project.
To the rescue: Green Packet is believed to be seeking a role in teaming up with KWAP to rescue the SKIN project.
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