Ecolex Logo
The gateway to
environmental law
Search results » Legislation

System No. 10 of 2021 regarding the Partnership between the Public and Private Sectors in the Kurdistan Region - Iraq.

Country/Territory
Iraq
Territorial subdivision
Kurdistan Region
Document type
Legislation
Date
2021
Source
FAO, FAOLEX
Subject
General
Keyword
Basic legislation Business/industry/corporations Capacity building Contract/agreement Institution Legal proceedings/administrative proceedings Monitoring Procedural matters Public participation Public private partnership (PPP)
Geographical area
Asia, Middle East, Near East and North Africa, Persian Gulf, Western Asia
Entry into force notes
This System enters into force on the date of its publication in the Official Gazette.
Abstract

This System, comprising 10 articles, is designed to incentivize private sector involvement in financing partnership projects with the public sector. It operates within a legal framework that prioritizes competition and transparency, aiming to enhance public utility services and production. The main objectives include (i) developing a comprehensive legal framework to regulate public partnerships; (ii) ensuring fairness and transparency in contract conclusion and implementation; (iii) facilitating the establishment, rehabilitation, operation, maintenance, and development of public infrastructure and facilities, with risk distribution between the two sectors; (iv) providing public services and financing for government projects; (v) leveraging the private sector's technical expertise to enhance project efficiency, performance, and financial support for partnership projects. The provisions of this Law apply to the funded partnership projects, whether directly or jointly with the public sector, if approved by the Supreme Council for PPP, established by Article 4 of this System. Its main functions are (i) drawing up the general policy for partnership projects, the general objectives, and determining the most important aspects and priorities; (ii) select eligible partnership projects based on reports prepared by the Ministry of Planning and the Ministry of Finance and Economy; (iii) approval of preliminary feasibility studies, feasibility reports, terms of reference and appointment of project experts; (iv) final approval of the tender referral and the partnership contract in its final form. Article 5 establishes at the Ministry of Plannig the Unit for PPP Projects with the main task of helping government institutions to define the projects presented and define their priorities. While the Ministry of Finance and Economy will follow and control the financial process of the project, ensuring the supply of the necessary financing.

Full text
Arabic
Website
www.parliament.krd