Posted by: LEXOLOGY
In recent years, the Mauritanian government has regained its interest in the public-private partnership (PPP) sector. Through Decree No. 828 of 31 August 2016, an inter-ministerial committee for the development of PPPs in Mauritania was set up. This inter-ministerial committee is the decision-making body, validating and guiding the institutional framework for steering public and private partnerships in Mauritania. This committee was also supported by a body (Technical Support Committee, Order No. 850 of 8/09/2017) to examine all questions relevant to the orientation, monitoring and follow-up of development activities of PPPs in Mauritania. The establishment of inter-ministerial structures confirmed the will of the State and its interest in this form of financing for development.
After the adoption of these organizational texts, the Mauritanian State finally adopted Law 2017-006 of 01/02/2017 on the Public Private Partnership (PPP). This law, which includes 45 articles, sets up a legal framework of importance for the promotion of this sector in Mauritania. Thus, this text considers the following axes:
- Institutional framework;
- PPP contracting rules;
- Implementation of the PPP contract;
- Various provisions (tax, customs, dispute settlement).
This new law institutes the PPP contract with a special legal regime. However, certain sectors are excluded from this field, namely the free zone of the city of Nouadhibou, mines, hydrocarbons and telecommunications.
Beyond the aspects of this new legislation, it is necessary to consider the derogatory legal regime which the law seems to create in relation to the public procurement code in force.