Public Private Partnership

The Government of Afghanistan has embarked on an ambitious development agenda, including Public Private Partnerships (PPPs) in particular for major infrastructure projects.

Kakar Advocates takes pride that together with the global elite firm, DLA-Piper, it was involved in review and drafting of the amendment to PPP regulation. Our attorneys have also worked as senior legal advisers in the Ministry of Justice and the Ministry of Finance and as such have been intimately involved in the most significant legal and policy issues, including the development of the PPP legal structure. Further, our extensive experience with market participants enables us to mitigate administrative and legal issues for complex PPP projects from the early developmental phase to mobilization and implementation phases.

We provide the following legal services related to PPPs:

  • Structuring the project including contractual documents, finance and tax structuring and procurement strategy.
  • Prepare terms of reference for project stakeholders such as implementer, developers, builders and financiers.
  • Prepare project finance facilitation plan through structured finance methods including project finance, term finance, Islamic finance, and securitisation.
  • Provide legal advice on consolidation of private and public components into joint transactions such as exclusive negotiating right agreements, participation agreements, development and disposition agreements, and operating and reimbursement agreements.

We advise on infrastructure and PPP projects in the following areas:

  • Energy, including oil, gas, renewable, power and transmission.
  • Roads, tunnels and crossings, including maintenance, charging and street lighting.
  • Transportation including airports, railroads and ports.
  • Education and health care.