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Public Private Partnership (PPP) Law 48 of 2017.

Pays/Territoire
Liban
Type du document
Législation
Date
2017
Source
FAO, FAOLEX
Sujet
Général
Mot clé
Partenariats public-privé (PPP) Commerce/industrie/sociétés Questions de procédures
Aire géographique
Asie, Méditerranée, Moyen-Orient, Afrique du Nord et Proche-Orient, Asie Occidentale
Entry into force notes
This Law enters into force on the date of its publication in the Official Gazette.
Résumé

This PPP Law consisting of 18 articles aims at reforming the PPP tendering process to enhance its transparency and professionalism to achieve (i) the success and sustainability of PPP projects; (ii) the development of Lebanon’s infrastructure; (iii) job creation and growth of the Lebanese economy. The Law details the tendering mechanism for PPP projects (projects of public interest in which the private sector participates through (i) financing and administration; and (ii) carrying out at least one of the following activities: designing, building, constructing, developing, restoring, equipping, maintaining, rehabilitating, and operating), including the general institutional framework which calls for the creation of a project committee and assisting working teams for each project. Such a structure, which ensures the involvement of all stakeholders, aims at enhancing the transparency of the tendering process, leading to the selection of the private partner. The scope of application of the PPP law extends to all PPP Projects carried out by the State, public institutions, or any entity considered public. Article 3 renames the High Council for Privatization established in 2000 as the High Council for Privatization and PPP and grants it the following powers (i) assess potential PPP Projects submitted to it by the relevant minister or by the President of the Council of Ministers; (ii) establish a PPP Project Committee for every approved PPP Project; (iii) decide on the prequalification outcome and approve the final version of the tender document; and (iv) confirm the winning bidder who submits the best offer based on the evaluation of the PPP Project Committee. This Committee is also in charge of preparing a feasibility study governing the technical, economical, legal, and financial aspects of the PPP project, including the pre-qualification criteria, assessment of investors’ interest, and the likelihood of attracting the required financing. Article 10 defines the PPP Project Agreement as a set of contracts, which together with all annexes, undertakings, and related guarantees would govern the contractual relationship between the public entity, the project company, and all other third parties, including international financial institutions and foreign investors.

Texte intégral
Arabe/Anglais
Site web
www.databank.com.lb