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Law No. 67 for the year 2010 promulgating the Law regulating Partnership with the Private Sector in Infrastructure Projects, Services and Public Utilities .

País/Territorio
Egipto
Tipo de documento
Legislación
Fecha
2010
Fuente
FAO, FAOLEX
Materia
General
Palabra clave
Legislación básica Participación público privada (PPP) Negocios/industria/corporaciones Cuestiones de procedimiento
Área geográphica
Africa, Mediterráneo, Medio Oriente, Africa del Norte y Cercano Oriente, Africa del Norte, Mar Rojo & Golfo de Adén
Entry into force notes
This Law enters into force on the first day of the following month after the lapse of 30 days from the date of its publication in the Official Gazette.
Resumen

This Law consisting of 39 article aims at regulating the partnership contracts with the private sector and related advisory contracts concluded by the Administrative Authorities with the private sector to execute infrastructure projects, services and public utilities, as well as in relation to the availability of related services. Article 2 establishes that Administrative Authorities may enter into PPP contracts pursuant to which a Project Company shall be entrusted with the financing, constructing, equipping and operating infrastructure projects and public utilities with an obligation to maintain what has been constructed or rehabilitated, and to provide services and facilities necessary for the project and to be capable of production or service provision regularly and progressively throughout the PPP contract duration. The PPP contract duration shall not be less than five years and shall not exceed thirty years from the date of completion of the construction works and equipping works, however the PPP contract may include articles concerning its renewal. Investments must meet a minimum amount of U.S $18 million. No payment may be made to the developer unless the administrative authority issues an acceptance certificate. PPP projects shall not be tendered except with the approval of the Supreme Committee for Public Private Partnership Affairs which is the body established under article 14 and mainly responsible for (i) setting an integrated national policy for the PPP, and identifying the framework, objectives, mechanisms, and targeted scope of the projects; (ii) endorsing the application of the PPP structure on projects of Administrative Authorities; (iii) monitoring the allocation of financial funds; (iv) issuing the rules and general criteria for the PPP, and endorsing standard PPP contracts for use in different sectors; (v) conducting studies and proposing means to provide and develop the market tools necessary to provide appropriate financial structures for PPP projects. A unit of special nature "The Public-Private Partnership Central Unit" is established within the Ministry of Finance (art.16) and shall (i) be competent to provide technical, financial, and legal expertise to the Supreme Committee for PPP Affairs and to the PPP satellite units at the Administrative Authorities; (ii) establish an electronic record for all PPP project documentation; (iii) be competent to receive, investigate, and provide advice concerning complaints of Investors participating in PPP projects. in Chapter III, starting from the Investor selection, distinguishing between qualified and disqualified investors, preliminary meetings, submission of technical and financial bids, discussion of technical and financial elements, negotiations with the successful bidder, and the final PPP contract. The detailed content of the PPP contract is the object of article 34.

Texto completo
Inglés/Árabe
Página web
ppp.worldbank.org