Section 7.3, Sample Drafting 7, which is based on the UK PF2 Guidance model, can be viewed as representing a good balance between protecting the Private Partner's commercially sensitive information and complying with the Contracting Authority's legal obligations (and policy aspirations) as regards greater public transparency A similar approach is followed in the Infra Australia PPP Guidelines and the South Africa PPP Guidelines.
| EMERGING AND DEVELOPED MARKET DIFFERENCES While the approach to drafting taken in this Guidance is representative of an established market, it would also be appropriate for emerging market PPP Contracts, particularly in jurisdictions where governments may wish to implement transparency measures during the life of the PPP Contract (or have already done so). The terms will also be familiar to international private sector parties. |