Article (10) Functions of Government Entities

For the purposes of this Law, a Government Entity will:

1. prepare the studies required for determining the rationale behind implementing any proposed Project. These studies must cover the financial, economic, technical, and social feasibility and the beneficiaries of the Partnership, appropriate criteria for selecting a Partner, a Project implementation programme, and an implementation risk analysis;

2. determine the human, financial, and technical resources required for any Project; the methods of financing that Project and contributions of both parties to the same; the distribution of Project dividends; the service charges and exemption from these charges; the intellectual property rights; and other relevant matters;

3. coordinate with the Government Entities concerned in any Project to determine its impact on their own plans, and on the strategic plans of the Government in general;

4. study and evaluate all financial aspects of any Partnership Contract and have these aspects approved by the DOF;

5. propose the standards that must be met by the entities with which Contracts will be concluded, and propose preliminary Partnership Contracts and their addenda;

6. coordinate with the DOF to determine the methods of Partnership appropriate for Projects or services in accordance with the Partnership methods stipulated in this Law;

7. select qualified consultancy companies to conduct studies related to Projects;

8. form work teams with the Private Sector to agree on work methods; to gather, exchange, and update information; and to cooperate regarding technical developments and work requirements;

9. supervise the proper performance by Project Companies of their obligations under Partnership Contracts, and take immediate and appropriate measures to remedy any breach or omission in the performance of such obligations in a manner that ensures that Projects continue to achieve their objectives;

10. coordinate with Competent Authorities to overcome any obstacles that may prevent the implementation of Projects;

11. report to the Financial Audit Department any financial breaches committed by a Project Company; and

12. prepare quarterly reports on work progress throughout the performance of Partnership Contracts, and any obstacles hindering such performance; propose appropriate solutions to these obstacles; and submit the reports to the DOF.