Decree-Law No. 43/2015 Tibar Port PPP
Unofficial translation by La’o Hamutuk
Page 5
Article 11
Concession Agreement Contents
Without prejudice to the parties agreeing to include other matters, the Concession Agreement should
regulate the following matters:
a) Ownership and control of assets belonging to the State and the Concessionaire;
b) Transmission or transfer of the rights and property of the Concessionaire;
c) Reference language in the event of a discrepancy in translating the Concession Agreement;
d) Compensation paid by the parties, as its calculation and availability of appropriate remedies;
e) Amount of taxes and fees for the use of Tibar Port and associated services and review
mechanisms for them;
f)
Direct payments from the grantor to replace or supplement or in the form of compensation for
the charges and fees payable for the use of Tibar Port;
g) Securitization of rights, assets and cash flows;
h) Renegotiation, termination, suspension, extension and amendments to the Concession
Agreement.
Article 12
Subsidiary law
1. Everything that is not specifically provided for in this Decree-Law is covered either by the Legal
Regime of Public Private Partnerships, the Legal Regime of the Public Procurement and the general
principles of administrative law.
2. This Decree-Law may be regulated by ministerial decree of the Government members responsible
for finance, public works and transport.
Article 13
Application of the Law in time
The provisions of Article 3.1 and Article 9.1 of this Decree-Law apply retroactively as of August 2, 2013.
Article 14
Implementation
This Decree-Law shall enter into force on the day following its publication.
Approved by the Council of Ministers on 24 November 2015.
The Prime Minister,
Dr. Rui Maria de Araujo
The Minister of Finance,
Santina José Rodrigues Ferreira Viegas Cardoso
The Minister of Public Works, Transport and Communications,
Gastão Francisco de Sousa
Promulgated on December 23, 2015
To be published.
The President of the Republic,
Taur Matan Ruak