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Draft Public/Private Partnership (amendment) Proclamation No  /2022

PROCLAMATION NO        /2022

A PROCLAMATION TO AMEND THE PUBLIC/PRIVATE PARTNERSHIP PROCLAMATION

Whereas; it is found necessary to amend the Public/Private Partnership Proclamation No. 1076/2010,

Now therefore, in accordance with article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

  1. Short title

This Proclamation may be cited as “the Public/Private Partnership Proclamation (amendment) Proclamation No—– /2022”.

1/         New paragraph (c) is added after paragraph (b) of sub article (2) of Article 4.

“ c) Business activity conducted by a joint venture or a company established by public enterprise in conjunction with a private investor or a foreign government or a public enterprise of a foreign government.”

2/         New sub articles (3), (4) and (5) are added after sub article (2) of article 39:

3/ Notwithstanding sub articles (1) and (2) of this article, the Board may, in accordance with understanding reached through bilateral inter- governmental economic diplomacy or through direct contact with a foreign company, endorse the implementation of a project proposal if it is satisfied that the implementation of the project proposal yields the benefit of public service by enabling to quickly secure finance for the project.

4/ A project proposal submitted to the Board for consideration of implementation by means of Public/Private Partnership using direct negotiation shall be consistent with the overall development plan and strategy of the country.

5/ A company or a consortium of companies proposing to implement  a  Public/ Private Partnership project by direct negotiation as a prospective private party shall meet the following minimum requirements:

  1. A certificate of incorporation evidencing that the company is duly established and registered as a company in accordance with the laws of its country of residence and a document certifying that the government of the country in which the company is constituted supports the participation of the company in the development and implementation of the project.
    1. Experience in accomplishing three or more projects in the sector and evidence of good financial standing to demonstrate that it has the requisite financial and technical capability to deliver the project.

3. New sub article (7) is added after sub article (6) of article 40.

prepared jointly by the PPP directorate General and the Contracting Authority.

3.   Effective date.

This Proclamation shall inter into force on the date of its publication in the Federal Negarit Gazette.

Done in Addis Ababa this   day of _          /2022

Sahilework Zewde

President of the Federal Democratic Republic of Ethiopia

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