Following the recent approval of the new Law on Public-Private Partnerships (Law No. 11/19, of 14 May 2019), its implementing regulations have now been enacted by means of Presidential Decree No. 316/19, of 28 October 2019.
The PPP Regulations lay down the procedure for the approval and launch of Public-Private Partnerships (“PPPs”) and the rules concerning the monitoring of PPP Projects, as well as the powers and duties of the PPPs implementation body (an entity where the Ministry of the Economy and Planning and the Ministry of Finance must necessarily be represented) and of the Public-Private Partnerships Technical Committee, which shall be responsible, inter alia, for the negotiation of the PPP Projects.
The PPP Regulations also include a risk allocation matrix list, sorted by category, which shall be the basis for risk allocation in PPP Projects. The matrix includes seven categories: (i) demand risk; (ii) land use and site risk; (iii) project and construction risk; (iv) financial risk; (v) operation risk; (vi) legislative and institutional risk; and (vii) political risk.
The enactment of PPP Law Regulations marks the conclusion of the reform of the PPPs legal and institutional framework. It is expected that this reform contributes to the increase of private sector participation in the economy and to streamline Angola’s economic diversification efforts.
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