16.05.2017 Views

The-Accountant-Jul-Aug-2016

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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>

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!