Kazakhstan – Amendments To PPP Law.

2 December 2021
 

TRANSFER PAYMENT OF COMPENSATION INVESTMENT COSTS:
 

•  The previous version of paragraph 4 of the Article 9 of the PPP Law prohibited transfer of the payment of compensation of investment costs under PPP agreement to earlier periods.
   
• The new version of paragraph 4 of the Article 9 of the PPP Law allows transfer of the payment of compensation of investment costs to earlier periods in case of early commissioning of a PPP facility without reducing the total payment period with maintaining the uniformity of compensation of investment costs.
   

• The previous version of paragraph 1 of the Article 32 of the PPP Law provided that in order to participate in a tender (auction) or direct negotiations a potential private partner had to have its own funds, amounting to at least 20% of the value of a PPP facility.
   
• The new version of paragraph 1 of the Article 32 of the PPP Law allows a potential private partner to have its own funds or own and borrowed funds, amounting to at least 20% of the value of a PPP facility
   

• Paragraph 1-1 of Article 46 has been revised. The previous version of the paragraph contained mandatory conditions that should be met in order to be able to amend material terms of a PPP agreement by mutual consent of the parties.
   
• According to the amended version of the paragraph, parties are able to amend the material terms of a PPP agreement by mutual consent without complying with such conditions in case when a PPP agreement stipulated such changes at the time of its conclusion.