Established a legal framework for public-private partnership
30 Dec 2022
On 30 December 2022, the Republic of Congo enacted Law No. 88-2022 establishing a legal framework for public-private partnership (PPP) contracts. Among others, the Law:
• Provides PPP contracts with their own legal regime, distinct from public procurement contracts, to govern the legal relationship between the Congolese State, local authorities, or public legal entities and private partners for missions of general interest;
• Provides that private legal entities, whether national or international, are not permitted to submit bids for PPP contract procedures if they are not established and do not operate in accordance with the regulations in force in the Republic of Congo;
• Subjects PPP contracts to principles of freedom of access, equal treatment, objectivity, competition, transparency and good governance
• Requires the contracting authority to conduct prior assessments and feasibility studies before awarding a PPP contract;
• Defines a PPP contract as "the administrative contract by which the State, a local authority, a public establishment or a company with a majority holding, entrusts to a legal person under private law or a group of legal persons under private law for a determined period of time, all or part of the design, construction, financing, transformation, operation, management, maintenance, rehabilitation or upkeep of a public asset, equipment, infrastructure or public service".
The law aims to create a favorable ecosystem for private investment to develop sectors like agriculture, tourism, special economic zones, forestry and services.
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Type:
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Entry and establishment (Ownership and control)
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Industry:
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