We have to focus on and explain the importance of the Financial and Economic Committee's role in determining the policies, laws and legislation (and gaps) which will affect any proposed project. Like any governmental project, the partnership projects shall comply with the policies, laws and official regulations. To achieve this, the competent Federal Entity and the Technical Bureau (in particular, legal experts) shall conduct the evaluation process on two tracks:
First Track: Compatibility
• Any Federal Entity desires to implement PPP shall, in coordination with the Technical Bureau , conduct a study / preliminary review of high-level policies, procedures and guidelines applicable at that time concerning the partnership with the private sector.
• The Federal Entity shall comply with and subject to all policies, procedures, decisions and legislation issued on the partnership with the private sector.
• If needed for any clarification, technical or legal support, The Ministry must be referenced.
• If there is a particular project requires, according to its nature, an exception of these policies, decisions and legislation, the executing body shall seek to obtain the approval of the competent authority through The Ministry.
Second Track: Gap Analysis:
If there are gaps in policies or decisions / regulations affecting the proposed project, the concerned Federal Entity shall do the following:
• Consulting or understanding with the concerned parties (partners) and beneficiaries of the project if it is possible to adopt the project in light of the current policies, decisions and legislation. If it is not possible, this matter shall be discussed with The Ministry to reach the possible solutions.
• When identifying a gap in the policies, legislation or decisions by the Federal Entity, The Ministry, in coordination with competent authority(s) (whether Federal and local, if necessary) shall address such gab, develop proposals and make changes.