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Kazakhstan continues improving the regulatory framework of concessions and public-private partnerships | Dentons

  On January 2, 2021, Kazakhstan introduced amendments to various laws including the Concession Law and PPP Law (the “ Amendments”). The Amendments aim to clarify and improve a number of provisions of the Concession Law and PPP Law. Although we find these improvements generally positive, there remain open issues, that have long been debated by industry players, but which have not been dealt with in these Amendments. The following key amendments are notable: The Amendments introduce the qualification requirement for a potential private partner to have its own funds of not less than 20% of the value of the PPP object. This qualification requirement already exists under the Concession Law but the threshold is 10%. Curiously, there is no officially explained rationale behind the difference in the thresholds.

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