Public Private Partnership (PPP) Law, 2016.

This Law provides with respect to Public-Private Partnerships (PPP) in Afghanistan. It requires the government to support, encourage and ensure the impunity of investment of private sectors in the PPP projects. Unless otherwise prohibited by the law, the Government may conclude investment contracts in Public-Private Partnership projects in specified sectors including, amongst others energy generation, agriculture, irrigation, and the environment. This Law shall apply to entities involved in (large) financing projects through Public-Private Partnership. The Ministry of Finance shall prepare a separate procedure for projects where the anticipated investment value is below a minimum amount established by the High Economic Council at the recommendation of the Minister of Finance. Where the rules and regulations of international Organizations and donor agencies are in conflict with the provisions of this law, the government may approve the rules and regulations of such organizations for a PPP project; provided that the approval is prompted by interests and wellbeing of the public.
The Law provides for a Central Partnership Authority, which shall work within the Ministry of Finance for the purpose of regulating policies related to PPP, analysis and assessment of projects, providing technical support to entities, preparing and developing PPPs and other in related activities. Entities may establish PPP rules, procedures and guidelines with the prior approval of the Central Partnership Authority. A Project Advisory Committee shall be established in relevant entities. The National Procurement Commission may approve, reject, or refer the Partnership Contract to the Ministry of Finance for re-evaluation. The Law sets out the business models that may be used for Public-Private Partnerships and provides other rules for the creation, functioning and control of PPPs. It also allows the Minister of Finance to create a Project Development Fund.