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Lender Protections and Government Support in PPPs
Taking SecurityIs it possible to take security over the project assets and/ or the land on which they are built?Is it possible to take security/ a pledge over shares? If so, do potential liabilities…
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Tariff Setting and Funding Constraints
The operator and any other investors or lenders will want to ensure the stability of income from the PPP project and, where relevant, the expected return on capital and new investment.If the income…
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Procurement Restrictions
The laws in the particular country or a regional grouping (for example the European Union) may require that before a PPP project can proceed, particularly where powers and duties of a public entity…
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The Impact of Government Organization on PPP Projects
PPP Approval, Award, and RegulationThe interface between the government and the service provider is key to the success of PPP projects. Government involvement is important both at the planning and…
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Limitations in the Existing Legal Environment
A Government wishing to implement a PPP program or arrangement will need to consider early on in the project development whether there are any aspects of the existing legal environment of the host…
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Telecommunications Universal Access / Universal Service
AlgeriaDecree No. 03-232 - This decree establishes the universal access regime for both post and telecommunicationsAustraliaUniversal access to telecommunications services in Australia is implemented…
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Telecommunications Licensing (by Country)
AlgeriaLegal frameworkBanding Licenses - Décret exécutif n° 04-157 du 11 rabie ethani 1425 correspondant au 31 mai 2004 - modifiant et complétant le décret exécutif 01-123 du 09/05/…
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Telecommunications Interconnection and Price Regulation
AlgeriaLegal frameworkIntercontection Conditions Decree 02-156 - Décret exécutif n° 02-156 du 26 safar 1423 correspondant au 09 mai 2002 : fixant les conditions d’interconnexion des réseaux et…
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Telecommunications Competition Policy
MoroccoMorocco Decree No. 2-05-772, 2005 on anticompetitive practicesThe National Telecommunications Regulatory Agency (ANRT) AustraliaTelecommunications Act 1997 with later amendments.Go to…
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General Telecommunications Framework (by Country)
East Asia and PacificAustraliaGeneral Telecommunication FrameworkAustralia Telecommunications Act 1997 - the Act distinguishes between:carriers, which are entities that own…
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Transport Policies Laws and International Agreements
International Transport AgreementsA Review of International Legal Instruments - Facilitation of Transport and Trade in Africa (Les instruments juridiques internationaux de facilitation du transport…
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Energy Laws and Regulations
General MaterialsWorld Bank Paper: Electrification and Regulation - Principles and a Model Law (pdf)World Bank/ PPIAF: Handbook For Evaluating Infrastructure Regulatory Systems (pdf)Materials…
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Managing Non-Technical Losses and Theft in Utility Contracts
In response, various countries have taken a combination of legal and practical measures to address the problem. Given the essential nature of some utility services and the rampant extent of the…
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Procurement Laws
Role of International Financial InstitutionsMost international financial institutions, such as World Bank, the European Bank for Reconstruction and Development (EBRD) and the Inter-American…
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Concession and PPP Laws
Sub-Saharan AfricaAngolaPPP Laws/Concession Laws - AngolaBeninPPP Laws/Concession Laws - BeninBotswanaPPP Laws/Concession Laws - BotswanaBurkina FasoPPP Laws/Concession Laws - Burkina FasoBurundiPPP…
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Sources of Law
Constitution/CodeA country's Constitution is a set of fundamental ground rules setting out the powers of the different branches of government (i.e. executive, legislative and judicial ) and how these…
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Raw and Treated Bulk Water Supply Agreements
Sample Raw and Treated Bulk Water Supply AgreementsAustraliaMelbourne, Victoria - Bulk Water Supply Agreement between the Melbourne Water Corporation (MWC) and City West Water (CWW) (now Greater…
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Labor and Employment Laws
Existing Employees of Awarding AuthorityAre existing employees of the public entity to continue working on the facility that is being outsourced to the PPP company?Is it possible to transfer…
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Performance Contracts
It is likely to be supported by employment contracts for management that contain incentives to ensure that the utility meets the performance targets.General Features of Performance Contracts for…
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Implementation Agreements for Power PPPs
Implementation agreements provide for direct contractual obligations and undertakings between the Government and the supplier or project company: the government is not usually a party to the power…
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Fuel Supply/Bulk Supply Agreement
Some issues that will need to be considered in a fuel supply agreement are:Quality of the fuel - what happens if it does not meet the specification?Quantity of the fuel - what happens if the fuel…
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Power Purchase Agreements (PPAs) and Energy Purchase Agreements (EPAs)
Key features of a Power Purchase AgreementA Power Purchase Agreement (“PPA”) is generally the primary contract between the public and private sector parties which underpin a power sector PPP. It is…
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Connection to Grid / Power Pooling Arrangements
Public private partnerships in power require also an Interconnection, Grid Connection of Power Pooling Agreement. This kind of contracts outline the responsibilities and fees for connecting the power…
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Legal Environment
When a government embarks on an infrastructure program or project, it is crucial to thoroughly evaluate the host country's legal environment and the broader context in which PPPs operate.…