The-Accountant-Jul-Aug-2016
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FINANCE AND INVESTMENT<br />
By CPA Simon Peter Ole Nkeri<br />
DEVELOPING<br />
SPECIAL<br />
ECONOMIC ZONES<br />
THROUGH PPPs<br />
Continued from May - June issue...<br />
A PPP Contract: Important Contractual Clauses<br />
A PPP Contract: Important Contractual Clauses<br />
Contracting <br />
issue <br />
Contractual period <br />
Mutual <br />
obligations <br />
Violations <br />
Description of <br />
Design <br />
Finance <br />
Construction <br />
Operation <br />
Maintenance <br />
Services and <br />
Facilities <br />
Ownership <br />
Transfer <br />
Terms of contract <br />
Effective date <br />
Construction <br />
Period <br />
Operation period <br />
Early Termination <br />
Settlement of <br />
Disputes Reasons for <br />
Early <br />
Independent <br />
committee of <br />
experts <br />
Arbitration <br />
Amicable Dispute <br />
Resolution <br />
Ministry of Finance PPP Unit <br />
Available services and <br />
Facilities <br />
Availability Payment <br />
Will termination of the Government <br />
Breach by the Government <br />
Breach by the SPV <br />
Force Majeure <br />
Change in services <br />
Chang in laws and <br />
regulations <br />
Where a Special Economic Zone is to<br />
be developed through a public private<br />
partnership, the provisions of the PPP<br />
Act that are deemed to be of immediate<br />
concern and that require to be understood<br />
are those that relate to the following<br />
matters:-<br />
• Assessment of Contracting Authority’s<br />
technical expertise to procure services;<br />
• Privately Initiated Investment<br />
Proposals<br />
• Undertaking of a Feasibility Study;<br />
• <strong>The</strong> Negotiations process between<br />
the contracting authority and<br />
the private party;<br />
• <strong>The</strong> establishment of a Project<br />
Company or a Special Purpose<br />
Vehicle (SPV); and<br />
• Execution of a Contract.<br />
Impact of Incentives on Industrial<br />
Development through SEZs<br />
1) Increase contribution of manufacturing<br />
sector to GDP from the current 11% to<br />
1 <br />
20 JULY - AUGUST <strong>2016</strong>