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ARTICLE · 05 SEPTEMBER 2016

Ecuador's Government Creates Legal Framework To Foster PPPs

Some of these projects have arisen out of the Ecuadorian government's initiative to sell off certain government corporations, or interests in such corporations.

EcuadorGovernment, Public Sector

With a view to fostering private investment, Ecuador has passed a Law on Incentives for Public-Private Partnerships and Foreign Investment containing a series of tax benefits for undertaking public projects, including exemptions from income tax, foreign currency remittance tax, foreign trade taxes, and other benefits. It also guarantees legal stability of the specific, sectoral rules declared essential in the pertinent agreements or permits for operating in strategic sectors or provision of public services.

Additionally, it has issued General Regulations for Application of the Law on Incentives for Public-Private Partnerships and Foreign Investments, which introduces essential elements regarding public-private partnerships (PPPs), rules on their structuring, specific features for private initiatives, systems or mechanisms for compensation in the event of early termination, deferred payments, financing guarantees, etc.

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