Decree-Law No. 43/2015 Tibar Port PPP Unofficial translation by La’o Hamutuk Page 1 OFFICIAL PUBLICATION OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE Journal of the Republic, Monday, December 28, 2015. Series I, No. 49 DECREE LAW NO 43/2015 of 28 December THE LEGAL REGIME OF THE PUBLIC PRIVATE PARTNERSHIP FOR TIBAR PORT The Legal Regime of Public Private Partnerships, approved by Decree-Laws No 42/2012 of September 7, and 2/2014 of January 15, and regulated by Decree-Law 8/2014 of 19 March, established the legislative framework that defines the legal rules for partnerships between public and private entities. It is, however, necessary to establish a specific legal framework for the implementation of public-private partnership on the design, financing, implementation, operation and management of Tibar Port. This decree-law thus establishes the legal framework specifically applicable to the public-private partnership agreement for Tibar Port, granting powers to the Government to negotiate and sign the contract with the private partner to develop the design, construction, financing, implementation, exploitation and management of the new deep water port in the Democratic Republic of Timor-Leste. This law aims to establish a clear, fair, predictable and stable legal framework to allow stimulating and attracting private investment and ensuring the provision of public services associated with the new deep water port, as well as empowering the Government to negotiate and contract establishing the terms and conditions of the grant, including appropriate allocation of risk between the public and private partners. The Government decrees, under the terms of paragraphs e) and o) of Article 115.1 and of Article 116(d) of the Constitution of the Democratic Republic of Timor-Leste, to become law, the following: Article 1 Scope and object The Decree-Law establishes the legal framework specifically applicable to the assignment by the State to a private partner of the concession for the design, construction, financing, implementation, operation and management of Tibar Port. Article 2 Definitions For the purposes of this decree-law, the terms listed below have the following meanings: a) “APORTIL” means Port Authority of Timor-Leste, created by Decree-Law 3/2003 of March 10, 2003; b) “Concessionaire” means the contractor, natural or legal person who, under a contract of concession is, in whole or in part, responsible for the design, financing, implementation, operation and management of Tibar Port. c) “Concession Agreement” means the binding bilateral concession agreement signed between the State, the granting of quality, and the Concessionaire, including the terms and conditions for the financing, design, construction, maintenance and operation of Tibar Port; d) “Tibar Port” means the container terminal and cargo located in Tibar Bay as identified and described in the Concession Agreement, including the access channel and harbor bay affects the grant, quay wall and all adjacent land, infrastructure, structures, facilities and associated equipment.