| This chapter provides an overview of the existing PPP legal and policy frameworks in Egypt, Jordan, Morocco and Tunisia as of October 1, 2014. It indicates that many changes and transitions are taking place as governments improve the institutional framework for PPP. Main findings for each of the focus countries include: • Jordan: Has a good track record of successful infrastructure projects which have largely been procured under the existing Privatisation Law. A PPP law which will become the exclusive legal regime for PPPs is working its way through the ratification process and will bring greater clarity to the legal framework. • Morocco: Has a tradition of public involvement in infrastructure through concession arrangements. A PPP central unit was created in 2011 and has cooperated closely with a number of IFIs on major projects. The central unit was also largely responsible for a new PPP law that was adopted by the House of Representatives in February 2014. • Tunisia: There are a number of legislative texts and bodies involved with PPPs in Tunisia. A draft PPP law of 2013, yet to be implemented, would bring greater clarity to the framework and would formalise the role of a PPP central unit. • Egypt: Has enacted specific PPP legislation and has created an active PPP central unit. However, there remains scope for concessions under a number of sector-specific laws. After reviewing this chapter, policy-makers will: • Be aware of the environment for PPPs in other countries and will be able to benchmark their own PPP framework and practices. • Be familiar with a number of measures taken by governments to strengthen PPP frameworks in the MENA region. |
70. Sound legal and regulatory frameworks and clear policy are prerequisites for a successful PPP programme. Although the MENA region suffers from high risk perceptions and low investor appetite, exacerbated by recent security problems and political uncertainty, the four focus countries have recognised the importance of private sector participation in infrastructure development. They have also liberalised their infrastructure markets by the relaxing of restrictive regulatory measures, and have modernised, or are in the process of modernising their PPP legal and regulatory framework.